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MINUTES - 10082024 - BOS 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 AMTuesday, October 8, 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 Page 1 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 A.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) 1.Agency Negotiators: Monica Nino. Employee Organizations: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU Locals 1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra Costa County Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE, Local 21; and Teamsters Local 856. 2.Agency Negotiators: Monica Nino. Unrepresented Employees: All unrepresented employees. B.CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d) (1)) 1.Patrice Newell v. Contra Costa County, WCAB No. ADJ17757065 2.Erik Steele v. Contra Costa County, WCAB No. ADJ17743186 3.Clintonia Walker v. Contra Costa County, WCAB No. ADJ13282711 4.E.D. v. Dwight Childs, et al., United States District Court, Northen District of California, Case No . 3:20-cv-03014-SK There were no announcements from closed session . 4.Inspirational Thought- "Life is a movie, film drug free." ~Cheryl Holsapfel, Digital Art Teacher at Solon Middle School; slogan picked for red ribbon week. 5. Motion:Carlson AndersenSecond: District I Supervisor Gioia, District II Supervisor Andersen, District IV Supervisor Carlson, and District V Supervisor Glover Aye: District III Supervisor BurgisAbsent: Result:Passed 6.PRESENTATIONS PR.1 PR.2 Page 2 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 7.DISCUSSION ITEMS D.1.HEARING to consider adopting Ordinance No. 2024-18, to amend Ordinance No. 2005-18, as previously amended by Ordinance No. 2021-03, to approve a 2024 nexus study and to add 18 new regional transportation projects to the East Contra Costa Regional Fee and Financing Authority (ECCRFFA) project list, with no changes to ECCRFFA fees or the area in which fees are collected, and to consider approving a related fifth amendment to the ECCRFFA joint exercise of powers agreement, Antioch, Brentwood, Pittsburg, Oakley, and east County areas. (100% ECCRFFA Funds)(Jerry Fahy, Public Works Department) 24-3300 Attachments:Fifth Amendment to the ECCRFFA JEPA CCC Ordinance No 2024-18 Exhibit 1 - 2024 Program Update Signed OrdInance 2024-18.pdf Motion:Burgis GloverSecond: 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 two appeals of the County Planning Commission's approval of a land use permit to allow a child care center within an existing residential building located at 3001 Woodlawn Drive in the unincorporated Walnut Creek area, and to consider approving the project, including approving a land use permit, and related actions (Delaram Mousavi and Nima Rafibakhsh - Applicants and Appellants) (Jason Martin and Christina Greystone – Appellants). (Jennifer Cruz, Department of Conservation and Development) 24-3312 Attachments:Findings and Conditions of Approval Appeal Letters Maps Revised Plans Presentation Correspondence Rec.pdf Speakers: Delaram Mousavi and Nima Rafibakhsh (Applicants and Appellants); Jason Martin and Christina Greystone (Appellants); Gillian Woodson; Susan Peters; Colleen Fiammengo. CLOSED the hearing; DENIED the appeal of Delaram Mousavi and Nima Rafibakhsh; DENIED the appeal of Jason Martin and Christina Greystone; DETERMINED that the proposed project is exempt from the California Environmental Quality Act; DIRECTED the addition of Condition of Approvals to 1) schedule and regulate pickup and dropoff of children 2) require business owner to institute measures to ensure patron compliance with parking and traffic measures Page 3 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 when coming to and leaving the property; APPROVED the Land Use Permit for the project with the additional Conditions of Approval; DIRECTED the Director of Conservation and Development to file a Notice of Exemption with the County Clerk . Motion:Carlson GioiaSecond: 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.CONSIDER report of the Interdepartmental Climate Action Task Force, as recommended by the Directors of the Departments of Conservation and Development and Public Works. (Warren Lai, Public Works Director and John Kopchik, Conservation and Development Director) 24-3301 Attachments:Climate Action Task Force Report to Bd of Supervisors Contra Costa County Low-Waste Office Events Checklist - Final Motion:Andersen CarlsonSecond: 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 accepting the Contra Costa County Master Plan for Aging report from the Employment and Human Services Department (EHSD) Aging & Adult Services Bureau as recommended by the EHSD Director . (Marla Stuart, Employment and Human Services Director) 24-3302 Attachments:EHSD FHS September Aging Disability Contra Costa Master Plan on Aging Final MasterPlanForAging_FA9.6.24PL Speakers: Anthony, West Contra Costa; Jill Kleiner, President, Advisory Council on Aging; Jim Donnelly, Vice-President, Advisory Council on Aging, Kathryn Wade . 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.5.CONSIDER electing 2025 officers of the Board of Supervisors. (Supervisor Glover) 24-3303 Attachments:BOS Historical List 2000-2024.pdf Elected Supervisor Candace Andersen as 2025 Chair of the Board and Supervisor Diane Burgis as Vice Chair for 2025. Motion:Glover Page 4 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 GioiaSecond: 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.6 CONSIDER consent item previously removed. There were no consent items removed for discussion . D.7 PUBLIC COMMENT (2 Minutes/Speaker) There were no requests to speak at public comment . D.8 CONSIDER reports of Board members. Supervisor Burgis will be in Byron this afternoon to celebrate the partnership with PG&E and the Fire Protection District to provide a seasonal aerial firefighting helicopter . She reminds us all to practice personal responsibility this fire season; Supervisor Andersen clarified for the public that the fireworks display in Alamo over the weekend was permitted, firefighting personnel were on hand, and a professionally licensed company performed the display; all proper precautions were taken . 8.ADJOURN Adjourned today's meeting at 1:05 p.m. 9.CONSENT CALENDAR Board of Supervisors CONSIDER CONSENT ITEMS A motion was made 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.1.APPROVE and AUTHORIZE Supervisor John Gioia to execute a Neighborhood Transformation Partnership Agreement continuing the partnership among West County agencies focusing on children and families attending DeJean Middle School and other elementary schools within the City of Richmond for the period October 8, 2024 through December 31, 2028 and APPOINT Supervisor John Gioia to continue serving on the Leadership Council for the Neighborhood Transformation Partnership, as recommended by Supervisor Gioia. (No fiscal impact) 24-3256 Attachments:2024 Neighborhood Transformation Partnership Agreement Page 5 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 approved C.2.ACCEPT Board members meeting reports for September 2024.24-3257 Attachments:District III September 2024 report.pdf District IV September 2024 report.xlsx approved Board Standing Committees (referred items) C.3.ACCEPT the Council on Homelessness (COH) Quarter 2 report, including proposed changes to the bylaws, as recommended by the Family and Human Services Committee. 24-3258 Attachments:COH Q2 Report COH Redline Bylaws COH Roster approved Clerk of the Board C.4.ADOPT Resolution No. 2024-348 proclaiming the week of October 23-31, 2024 as Red Ribbon Week, as recommended by the Health Services Director. RES 2024-348 Attachments:Signed Resolution No. 2024-348.pdf adopted C.5.ADOPT Resolution No. 2024-349 recognizing Los Medanos College for 50 years of excellence in education, workforce training and innovation, and servicing the students and community of Contra Costa County, California, as recommended by Supervisors Burgis & Glover. Attachments:Signed Resolution No. 2024-349.pdf adopted C.6.ADOPT Resolution No. 2024-344 in honor of Lynne M. Noone on the occasion of her retirement from Contra Costa County, as recommended by the County Librarian. RES 2024-344 Attachments:Signed Resolution No. 2024-344.pdf adopted C.7.Acting as the governing board of the Contra Costa County Fire Protection District; ADOPT Resolution No. 2024-346 proclaiming October 6-12, 2024 as Fire Prevention Week in Contra Costa County, as recommended by the Fire Chief. RES 2024-346 Attachments:Signed Resolution No. 2024-346.pdf adopted C.8.Acting as the governing board of the Contra Costa County Fire 24-3278 Page 6 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 Protection District, ACCEPT the resignation of Madhan Guna, DECLARE a vacancy in the At Large Alternate #2 Seat on the Contra Costa County Fire Protection District Advisory Fire Commission for a term ending on June 30, 2028, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Fire Chief. Attachments:Vacancy Notice.pdf approved C.9.ACCEPT the Contra Costa County Public Law Library Board of Trustees 2023-2024 Annual Report, as recommended by the County Administrator. 24-3271 Attachments:Public Law Library Annual Report 23-24 approved C.10 . APPROVE Board meeting minutes for September 2024.24-3272 approved C.11 . APPOINT Cheryl Cotton to the At-Large #3 Seat on the Contra Costa Commission for Women and Girls for a term ending on February 28, 2027, as recommended by the Family and Human Services Committee . 24-3273 Attachments:Cotton, Cheryl Application_Redacted CCCWG Roster_Redacted approved C.12 . APPOINT and REAPPOINT eleven (11) individuals to the Advisory Council on Aging with terms ending September 30, 2026, as recommended by the Family and Human Services Committee. 24-3274 Attachments:Michael Wener Application_Redacted.pdf Terri Tobey Application_Redacted.pdf Sam Sakai-Miller Application_Redacted.pdf Steve Lipson Application_Redacted.pdf Thomas Lang Application_Redacted.pdf Shirley Khron Application_Redacted.pdf Carol Kehoe Application_Redacted.pdf Kevin Donovan Application_Redacted.pdf Debbie Card Application_Redacted.pdf Cate Burkhart Application_Redacted.pdf Nicola Lopez Application_Redacted.pdf ACOA Roster.pdf approved C.13 . APPOINT Karanbir Bal to the Private/Non-Profit Sector 3 Seat and Jessica Cisneros to the Low-Income Sector 5 Seat with terms ending June 30, 2025, and REAPPOINT Janelle Lafrades to Low-Income Sector 2 Seat with a term ending June 30, 2026, on the Economic Opportunity 24-3275 Page 7 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 Council, as recommended by the Family and Human Services Committee. Attachments:Bal Karanbir Application_Redacted Cisneros Jessica Application_Redacted Lafrades Janelle Application_Redacted Economic Opportunity Council Roster_August 2024 approved C.14 . DECLARE a vacancy in the District I, Alternate 2 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, as recommended by Supervisor Gioia. 24-3276 Attachments:Vacancy Notice.pdf approved C.15 . DECLARE a vacancy in the District 5 Seat on the Contra Costa Commission for Women and Girls for a term ending February 28, 2025, and DIRECT the Clerk of the Board to post the vacancy. 24-3277 Attachments:Vacancy Notice.pdf approved Clerk Recorder C.16 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Regents of the University of Minnesota, a Minnesota Constitutional Corporation, in an amount not to exceed $112,400 to help identify, map, and redact unlawful restrictive covenants within the Clerk-Recorder Office's historical property records and documents, for the period October 8, 2024 through June 30, 2027. (100% Measure X funding) 24-3259 approved Conservation & Development C.17 . APPROVE and AUTHORIZE, under a grant deed of development rights held by the County, Tom Dudley of Engineered Soil Repairs, Inc., to conduct site improvements, including grading, trenching, and replacement of a retaining wall for landslide mitigation purposes on Assessor's Parcel No. 194-070-083, located at 1914 Green Valley Road in Alamo; and MAKE related findings under the California Environmental Quality Act, as recommended by the Conservation and Development Director. (100% applicant fees) 24-3260 Attachments:Attachment 1 CDVR23-01062 Permit.pdf Attachment 2 Grant Deed of Development Rights.pdf Attachment 3 Aerial Map.pdf Attachment 4 CDVR23-01062 Plans.pdf Page 8 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 approved C.18 . APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents and take related actions to provide a HOME Investment Partnership Program- American Rescue Plan loan in the amount of $4,382,047, a Measure X Housing loan in the amount of $1,421,000, and a Permanent Local Housing Allocation loan in the amount of $1,000,000 to Legacy Court, L.P., for the construction of an affordable housing rental development located on scattered sites on Fred Jackson Way between Willard Avenue and Duboce Avenue in the City of Richmond. (64% Federal, 21% State, and 15% County Measure X funds) 24-3261 Attachments:Legacy Court- County_PLHA_Measure X Regulatory Agr Legacy Court HOME_PLHA_Measure X Regulatory Agr Legacy Court Loan Agr Legacy Court Deed of Trust Legacy Court- HOME-ARP Loan Promissory Note Legacy Court Measure X Loan Promissory Note Legacy Court PLHA Loan Promissory Note Legacy Court Intercreditor.Subordination Agr with Richmond Legacy Court- Subordination Agreement Sponsor Loan approved C.19 . APPROVE and AUTHORIZE, under a grant deed of development rights held by the County, Soil Engineering Construction, Inc., to conduct site improvements, including grading and construction of a retaining wall, for landslide mitigation purposes, on Assessor's Parcel Nos. 433-020-056 and 433-020-057, located at 600 and 610 Stanley Lane in the El Sobrante area; and MAKE related findings under the California Environmental Quality Act, as recommended by the Conservation and Development Director. (100% applicant fees) 24-3262 Attachments:Attachment 1 - CDDP23-03014 Permit Attachment 2 - Grant Deed of Development Rights Attachment 3 - Maps Attachment 4 - Project Plans approved C.20 . AUTHORIZE the Auditor-Controller to release $500,000 from Park Dedication Fee Fund accounts to the Public Works Department for the Iron Horse Corridor San Ramon Double Tracking Study, as recommended by the Conservation and Development Director. (No General Fund impact) 24-3263 approved County Administration Page 9 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 C.21 . ADOPT Resolution No. 2024-347 approving the Side Letter between Contra Costa County and the Physicians and Dentists Organization of Contra Costa to establish conditions for an employee-funded 401(a) plan. RES 2024-347 Attachments:2024.9.27 PDOCC 401(a) Side Letter - Fully Executed.pdf adopted C.22 . INTRODUCE Ordinance No. 2024-19 amending the County Ordinance Code to exempt from the merit system the new classifications of Labor Relations Supervisor-Exempt, Senior Labor Relations Analyst-Exempt, Labor Relations Analyst-Exempt and delete the classifications of Manager Capital Facilities and Debt Management-Exempt and Director of the Office of Children’s Services-Exempt, WAIVE READING and FIX October 22, 2024, for adoption. (No fiscal impact) 24-3264 Attachments:Ordinance No. 2024-19 approved County Counsel C.23 . APPROVE amendments to the list of designated positions in the Conflict of Interest Code for the Department of Child Support Services, as recommended by County Counsel. 24-3265 Attachments:Exhibit A - Conflict of Interest Code for the Department of Child Support Services Exhibit B - Conflict of Interest Code for the Department of Child Support Services - REDLINE approved Fire Protection District C.24 . Acting as the governing board of the Contra Costa County Fire Protection District, APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Fire Chief, a purchase order with L.N. Curtis, in an amount not to exceed $3,500,000 for the acquisition of firefighting equipment, rescue tools, HazMat equipment, and related accessories for the period September 1, 2024 through December 31, 2025. (100% CCCFPD General Operating Fund) 24-3266 approved C.25 . Acting as the governing board of the Contra Costa County Fire Protection District; APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Fire Chief, a purchase order with All Star Fire Equipment Inc., in an amount not to exceed $630,000 to procure personal protective equipment and wildland firefighting gear for the period October 1, 2024 through October 31, 2025. (100% CCCFPD General Operating Fund) 24-3267 Page 10 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 approved C.26 . Acting as the governing board of the Contra Costa Fire Protection District, APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Fire Chief, a purchase order from Western State Design, in an amount not to exceed $25,000 for the acquisition, installation, and maintenance of a personal protective equipment contaminant extractor appliance. (100% CCCFPD General Operating Fund) 24-3268 approved C.27 . Acting as the governing board of the Contra Costa Fire Protection District, APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract amendment with the Moraga-Orinda Fire District (MOFD), to increase the amount payable to the District by $100,000 to a new payment limit of $265,000 for the increasing costs of providing fuel mitigation and hazard abatement services, with no change to the term ending April 15, 2025. (100% MOFD) 24-3269 approved C.28 . Acting as the governing board of the Contra Costa Fire Protection District, APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Fire Chief, a purchase with Wing Inflatables, Inc, in an amount not to exceed $35,000 for the acquisition, installation, disposal, removal, and repair of the boat collar for Fire Boat 9. (100% CCCFPD General Operating Fund) 24-3270 approved Health Services C.29 . ADOPT Position Adjustment Resolution No. 26338 to increase the hours of one (1) Clerk-Experienced Level position in the Health Services Department. (100% Hospital Enterprise Fund I)(Represented) 24-3313 Attachments:P300-26338 Signed P300 26338.pdf approved C.30 . ADOPT Position Adjustment Resolution No. 26336 to add one (1) Quality Management Program Coordinator position and cancel one (1) vacant Health Services Information Systems Specialist position in the Health Services Department. (100% HMO Enterprise Funds) (Represented) 24-3314 Attachments:P300-26336 Signed P300 26336.pdf approved C.31 . ADOPT Position Adjustment Resolution No. 26337 to add two (2) Registered Nurse positions and cancel two (2) vacant Licensed 24-3315 Page 11 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 Vocational Nurse positions in the Health Services Department. (100% HMO Enterprise Funds)(Represented) Attachments:P300-26337 Signed P300 26337.pdf approved C.32 . ADOPT Position Adjustment Resolution No. 26335 to add one (1) Business Systems Analyst and cancel one (1) vacant Health Services Information Systems Specialist position in the Health Services Department. (100% HMO Enterprise Funds)(Represented) 24-3316 Attachments:P300-26335 Signed P300 26335.pdf approved C.33 . ADOPT Position Adjustment Resolution No. 26334 to decrease the hours of one Pediatrician-Hospitalist - Exempt position and one Pediatrician-Ambulatory - Exempt position, and increase the hours of one OBGYN-Family Medicine, Advanced Obstetric – Exempt position and one Pediatrician-Ambulatory – Exempt position in the Health Services Department. (100% Hospital Enterprise Fund I) (Represented) 24-3304 Attachments:P300-26334 P300-26334-Attachment A Signed P300 26334.pdf approved C.34 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Thermo Fisher Scientific (Asheville) LLC in an amount not to exceed $1,099, and a related agreement for the purchase of preventative maintenance and services for a refrigerator at the Contra Costa Regional Medical Center Inpatient Pharmacy for the period October 3, 2024 through October 2, 2025. (100% Hospital Enterprise Fund I) 24-3305 approved C.35 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order amendment with QlikTech Inc. to increase the payment limit by $50,000 to an amount not to exceed $501,881 for clinical and financial analytics software with no change to the term ending August 31, 2025. (100% Hospital Enterprise Fund I) 24-3306 approved C.36 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Black Duck Software, Inc ., to increase the payment limit by $122,378 to an amount not to exceed $516,378, and extend the term through August 2, 2025 and for 24-3317 Page 12 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 successive one-year terms thereafter (until terminated) for software licenses and subscription services for the Health Services Information Systems Unit. (100% Hospital Enterprise Fund I) approved C.37 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director a blanket purchase order with Covidien Sales LLC, in an amount not to exceed $1,200,000, and Letter of Commitment for the purchase of instruments, sutures, and supplies for Contra Costa Health for the period September 1, 2024 through August 31, 2027. (100% Hospital Enterprise Fund I) 24-3291 approved C.38 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Consumer Self-Help Center, in an amount not to exceed $283,000 to provide a Patients’ Rights Program for the period October 1, 2024 through June 30, 2025. (100% Mental Health Realignment) 24-3292 approved C.39 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Community Resources, Inc., in an amount not to exceed $300,000 to provide rapid rehousing to individuals and families who are homeless for the period October 1, 2024 through June 30, 2025. (100% Measure X) 24-3293 approved C.40 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Inview Imaging Diagnostics, Inc., A Professional Medical Corporation, in an amount not to exceed $6,000,000 to provide diagnostic imaging services for Contra Costa Health Plan members and County recipients for the period November 1, 2024 through October 31, 2026. (100% Contra Costa Health Plan Enterprise Fund II) 24-3294 approved C.41 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Zipari, Inc., to increase the payment limit by $299,679 to an amount not to exceed $499,679, and extend the term through July 23, 2027 and for successive one year terms thereafter, for an online medical provider directory and services for Contra Costa Health Plan. (100% Contra Costa Health Plan Enterprise Fund II) 24-3295 approved C.42 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Interfaith Transitional Housing, 24-3296 Page 13 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 Inc. (dba Hope Solutions), in an amount not to exceed $5,562,496 to provide property management and onsite supportive services at El Portal Place for individuals who are at risk of or experiencing homelessness in Contra Costa County for the period July 1, 2024 through June 30, 2027. (90%; Federal 10% State) approved C.43 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with California Department of Public Health, as required to access the California Reportable Disease Information Exchange System and enable the Public Health Division to receive, use and disclose CalREDIE data for a period of three years. (Non-financial agreement) 24-3297 approved C.44 . APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $95,677 to Bay Area Community Services, Inc., for the provision of mental health outreach and support services for homeless and disabled adults with mental illness at the Don Brown Shelter in East County during the months of May and June 2024, as recommended by the Health Services Director. (100% Mental Health Realignment) 24-3298 approved C.45 . APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director and the Health Services Director, and as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. (No fiscal impact) 24-3299 approved Human Resources C.46 . ADOPT Position Adjustment Resolution No. 26331 to add three (3) Probation Director positions (unrepresented) effective October 9, 2024, and cancel three (3) Probation Director positions (unrepresented) in the Probation Department effective April 1, 2025. (100% General Fund) 24-3318 Attachments:Add.Cancel Probation Directors P300.docx Signed P300 26331.pdf approved Probation/Reentry and Justice C.47 . APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the County of Sonoma, for the placement of wards in their facility at the rate of $375 per ward per day for the period September 1, 2024 through June 30, 2025. (100% State) 24-3320 Page 14 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 approved C.48 . APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay a pending Resource Family home, C.P., monthly stipends in an amount not to exceed $1,258 per month for the living costs for minor T.L., including housing, food, medical and education costs, for a total payment amount not to exceed $7,338 for the period of September 6, 2024 through February 28, 2025. (100% General Fund) 24-3325 approved Public Defender C.49 . APPROVE and AUTHORIZE the Public Defender, or designee, to execute a contract amendment with Rubicon Programs, Inc., to increase the payment limit by $34,000, to a new payment limit of $1,021,068 to provide transportation service to Holistic Intervention Partnership participants, with no change in the term ending February 28, 2026. (100% State) 24-3319 approved Public Works C.50 . ADOPT Resolution No. 2024-350 approving and authorizing the Public Works Director, or designee, to fully close a portion of Ramona Way, between 1556 Ramona Way and 1588 Ramona Way, on October 14, 2024, from 8:00 a.m. through 5:00 p.m., for the purpose of replacing a utility pole, Alamo area. (No fiscal impact) RES 2024-350 adopted C.51 . ADOPT Resolution No. 2024-351 approving and authorizing the Public Works Director, or designee, to fully close a portion of Second Avenue, between Wanda Street and Pomona Street on October 13, 2024, from 9:00 a.m. through 7:00 p.m., for the purpose of celebrating the 3rd Annual Oktoberfest Festival, Crockett area. (No fiscal impact) RES 2024-351 adopted C.52 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the County, a purchase order with Fire Facilities, Inc., in an amount not to exceed $369,640, for a patented Law Enforcement Training Structure for Contra Costa County Office of the Sheriff at 11990 Marsh Creek Road, Clayton CA. (100% General Fund) 24-3279 approved C.53 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with Nancy Weil, Trustee of the Nancy Weil Price Trust; Julius Aires, Trustee of the Julius Aires Trust Agreement dated November 15, 2005; Nina Weil, Trustee of the Nina Weil Trust Agreement dated October 19. 2005; Ecuttel, LLC, a California Limited 24-3280 Page 15 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 Liability Company; Charles Lawrence Marks and Gladys Monroy Marks, Trustees of the Marks Family Trust dated May 14, 1999; Alexander R. Lithgow and Karen V. Lithgow, Trustees of the Lithgow 1996 Revocable Trust dated July 10, 1996, for approximately 2,586 square feet of office space located at 2120 Diamond Blvd., Suite 110, Concord for Health Services – Vital Records, for a term of ten years with two options to renew for an additional five years for each option, at an initial annual rent of $68,724, with annual increases thereafter. (100% Health Services - Vital Records Activities) Attachments:2120 Diamond Blvd, Suite 110 - Lease - Final approved C.54 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Dominguez Landscape Services, Inc., effective August 31, 2024, to increase the payment limit by $1,000,000 to a new payment limit of $3,000,000 and extend the term through August 31, 2026, for on-call landscaping services at various County sites and facilities, Countywide. (100% General Fund) 24-3281 approved C.55 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Frank McGuire, effective August 31, 2024, to increase the payment limit by $1,000,000 to a new payment limit of $3,000,000 and extend the term through August 31, 2026, for on-call landscaping services at various County sites and facilities, Countywide. (100% General Fund) 24-3282 approved C.56 . APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease between the County and Contra Costa Interfaith Transitional Housing Inc. (dba Hope Solutions) (Lessee) under which the County will lease the County-owned property located at 2555 El Portal Drive in San Pablo to Lessee in exchange for Lessee’s operation of a permanent supportive housing facility at the site pursuant to a service contract between the County and Lessee, for an initial term of three years, which term may be shortened or extended to correspond to the term of the service contract. (90% Federal funds and 10% State funds) 24-3283 Attachments:El Portal Place Master Lease approved Risk Management C.57 . DENY claims filed by CSAA Insurance Exchange for Jose Espinoza; Nathaniel Gardner; and Coral Michel. 24-3284 approved Page 16 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 2024 Sheriff C.58 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Optum, to extend the term from September 30, 2024 to September 30, 2025, and increase the payment limit by $70,000 to a new payment limit of $140,000 for continued employee counseling services. (100% General Fund) 24-3285 approved C.59 . APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the American National Standards Institute National Accreditation Board in an amount not to exceed $25,000 for accreditation services for the Forensic Services Division, for the period March 1, 2024 through February 28, 2025. (100% General Fund) 24-3286 approved C.60 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Office of the Sheriff, a purchase order with Radio IP Software Inc., in an amount not to exceed $29,000 to provide private encrypted connections between mobile data computers and access to software systems for the period August 1, 2024 through July 31, 2025. (100% General Fund) 24-3287 approved Treasurer - Tax Collector C.61 . ADOPT Resolution No. 2024-352 authorizing the sale of specified tax-defaulted property at public auction, pursuant to the California Revenue and Taxation Code §3698, as recommended by the Treasurer-Tax Collector. RES 2024-352 Attachments:2025 PA SCO Form v2 adopted C.62 . ADOPT Resolution No. 2024-345 authorizing the issuance of the West Contra Costa Unified School District General Obligation Bonds, 2020 Election, 2024 Series B and General Obligation Bonds, 2020 Election, 2024 Series C, in an aggregate principal amount not to exceed $250,000,000 by the County on behalf of the District. (No fiscal impact) RES 2024-345 Attachments:Attachment A - Resolution.pdf Attachment B - County and District New Money Bond Purchase Agreement - West Contra Costa USD 2024 GOBs-v5.docx adopted Page 17 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 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 18 of 19 BOARD OF SUPERVISORS Meeting Minutes October 8, 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: December 5, 2024 at 11:00 a.m. Equity Committee: October 21, 2024 at 10:30 a.m. Family and Human Services Committee: October 28, 2024 at 10:30 a.m. Finance Committee: November 4, at 9:30 a.m. Head Start Advisory Committee: November 4, 2024 at 11:00 a.m. Internal Operations Committee: October 14, 2024 at 11:00 a.m. Legislation Committee: December 9, 2024 at 2:30p.m. Los Medanos Healthcare Operations Committee: December 9, 2024 at 1:00 p.m. Public Protection Committee: October 7, 2024 at 1:00 p.m. Resilient Shoreline Committee: October 31, 2024 at 10:00 a.m. Sustainability Committee: November 18, 2024 at 10:00 a.m. Transportation, Water and Infrastructure Committee : October 14, 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 19 of 19 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3300 Name: Status:Type:Discussion Item Passed File created:In control:9/24/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:HEARING to consider adopting Ordinance No. 2024-18, to amend Ordinance No. 2005-18, as previously amended by Ordinance No. 2021-03, to approve a 2024 nexus study and to add 18 new regional transportation projects to the East Contra Costa Regional Fee and Financing Authority (ECCRFFA) project list, with no changes to ECCRFFA fees or the area in which fees are collected, and to consider approving a related fifth amendment to the ECCRFFA joint exercise of powers agreement, Antioch, Brentwood, Pittsburg, Oakley, and east County areas. (100% ECCRFFA Funds) (Jerry Fahy, Public Works Department) Attachments:1. Fifth Amendment to the ECCRFFA JEPA, 2. CCC Ordinance No 2024-18, 3. Exhibit 1 - 2024 Program Update, 4. Signed OrdInance 2024-18.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass 5:0 To: Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:HEARING to consider adding 18 projects to the East Contra Costa Regional Fee and Financing Authority’s Project List, East County Area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.OPEN the public hearing to consider (a) adoption of Ordinance No. 2024-18, to amend Ordinance No. 2005-18, as previously amended by Ordinance No. 2021-03, to add 18 new regional transportation projects (“Projects”) to the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) project list, with no changes to ECCRFFA fees or the area in which fees are collected, and to adopt the May 2024 Draft Final Report East Contra Costa Regional Fee Program Update, a nexus study, (“2024 Program Update”) and (b) approving a related fifth amendment to the ECCRFFA joint exercise of powers agreement (“Fifth ECCRFFA JEPA Amendment”); RECEIVE public comments; CONSIDER all objections and protests received by the Clerk of the Board of Supervisors; and CLOSE the public hearing. 2.DETERMINE, in accordance with Ordinance Code section 913-6.016, that the County did not receive protests from owners of more than one half of the area of the property within the unincorporated area in ECCRFFA’s jurisdiction, and therefore a majority protest does not exist. 3.APPROVE and AUTHORIZE the County Administrator, to execute, on behalf of the County, the Fifth ECCRFFA JEPA Amendment. 4.ADOPT Ordinance No. 2024-18 to amend Ordinance No. 2005-18, as previously amended by CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 5 powered by Legistar™ File #:24-3300,Version:1 Ordinance No. 2021-03, to add the Projects to ECCRFFA’s project list, with no changes to ECCRFFA fees or the area in which fees are collected, and to adopt the 2024 Program Update. 5.FIND that the 2024 Program Update meets the requirements of a development program report included in Chapter 913-6 of the Ordinance Code. 6.ADOPT the attached Resolution to adopt the 2024 Program Update for the Projects. 7.DETERMINE that the adoption of Ordinance No. 2024-18 and the attached Resolution, and the approval of the Fifth ECCRFFA JEPA Amendment, are exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. 8.DIRECT the Conservation and Development Director, or designee, to file a CEQA Notice of Exemption with the County Clerk-Recorder and the State Clearinghouse; and DIRECT the Public Works Director, or designee, to arrange for payment of the $25 handling fee to the Department of Conservation and Development for processing, and $50 filing fee to the County Clerk for filing the Notice of Exemption. 9.DIRECT the Clerk of the Board of Supervisors to record certified copies of Ordinance No. 2024-18 and the attached Resolution in the Official Records of the Contra Costa County Clerk-Recorder. FISCAL IMPACT: The Notice of Exemption will be charged 100% to the ECCRFFA Fee Admin fund 828500 BACKGROUND: Background of ECCRFFA Program and Earlier Updates On August 9, 1994, the Cities of Antioch, Brentwood, and Pittsburg, together with the County of Contra Costa, entered into a Joint Exercise of Powers Agreement (“Agreement”) to form the East Contra Costa Regional Fee and Financing Authority (ECCRFFA). The Agreement established a Uniform Regional Development Fee Program to fund transportation improvement projects in the East County area. With the incorporation of the City of Oakley in 1999, the Agreement was amended to add Oakley as an additional member of the Authority. The four Cities listed above, and the County are the “Member Agencies” of ECCRFFA. The ECCRFFA fees were calculated to reflect new development’s proportional share of the cost of various regional transportation improvements within ECCRFFA’s jurisdiction, such as the State Route 4 (SR4) Bypass and the widening of SR4 through Pittsburg and Antioch. ECCRFFA conducted an update of the fee program in 2001 to help fund an expanded list of regional transportation improvements. In the summer of 2005, ECCRFFA completed a comprehensive update of its Regional Transportation Development Impact Mitigation (RTDIM) Fee Program or ECCRFFA Fee Program. In June 2005, the ECCRFFA Board approved the East Contra Costa Regional Fee Program Update Final Report (“2005 Program Update”) prepared by Fehr & Peers, and each of the five member jurisdictions, including the County, adopted an updated set of fees pursuant to that report. The County subsequently adopted Ordinance No. 2005-18 to impose RTDIM fees within the unincorporated areas of the County to fund the projects in the 2005 Program Update. The ECCRFFA joint exercise of powers agreement (“JEPA”) was amended to add the projects in the CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 5 powered by Legistar™ File #:24-3300,Version:1 2005 Program Update to the ECCRFFA Project list. Later, a Third Amendment to the ECCRFFA JEPA was approved to prioritize the James Donlon Extension Project as a Third Priority Project, among other actions. In 2020, the ECCRFFA Board approved the East Contra Costa Regional Fee Program Update (“2020 Update”) to add the Sand Creek Extension Project to the ECCRFFA project list. The Board of Supervisors subsequently adopted Ordinance No. 2021-03 and approved a Fourth Amendment to the JEPA to add the Sand Creek Extension Project to the project list, with no change in RTDIM fees. A later action of the ECCRFFA Board prioritized that project for funding ahead of James Donlon. 2024 East Contra Costa Regional Fee Program Update Since the current ECCRFFA project list was defined in the 2005 nexus study and updated in 2020-2021, ECCRFFA’s member agencies conducted planning work and defined investment priorities to accommodate the ongoing population and employment growth that continues to occur in East County. The attached May 2024 Draft Final Report East Contra Costa Regional Fee Program Update (“2024 Program Update”) evaluates the addition of 18 new regional transportation projects into the ECCRFFA Program that have been provided by the member agencies as being recommended through recent East County planning processes, and determines new development’s proportional share of the cost of these additional projects. Although the 2024 Program Update would support an increase in ECCRFFA’s RTDIM fees, there will be no increase in the amount of ECCRFFA RTDIM fees as a result of the actions listed above. This will allow all of the new projects to be eligible for funding from future collection of ECCRFFA fees with no change to the amount of fees new development would currently pay. 2024 ECCRFFA Board Actions and Staff Recommendation On June 13, 2024, the ECCRFFA Board of Directors adopted ECCRFFA Resolution 2024/01 to adopt the 2024 Program Update (a nexus study) and recommend ECCRFFA member agencies adopt the update, adopt updates to their fee ordinances and resolutions to add the new 18 projects to the project list, and approve a fifth amendment to the ECCRFFA JEPA, among other actions. The resolution deprioritized the James Donlon Extension project and member agencies anticipated new Pittsburg projects would be prioritized in its place through the Board’s strategic planning process. Pittsburg voted against the adoption of the resolution because new prioritization was not reflected in the JEPA. A unanimous Board must approve the program update if it affects the priority of the James Donlon Extension project. Later, on August 8, 2024, the ECCRFFA Board of Directors adopted ECCRFFA Resolution 2024.01, recommending member agencies approve a revised fifth amendment to the ECCRFFA JEPA. The revised fifth amendment replaces the James Donlon Extension as the third priority project with two new projects in Pittsburg and allocates funds that had been reserved for James Donlon Extension project to these two new substitute projects. The priority of the two new projects is reflected in the JEPA, and, because they are existing projects on the ECCRFFA project list, they can be funded with funds reserved for the James Donlon Extension project. The James Donlon Extension project will remain on the ECCRFFA project list but without any particular priority. The actions taken by ECCRFFA recommend no change in RTDIM fees imposed within member agencies’ jurisdictions. Public Works Department staff recommend that the Board take each of the actions listed above. Notice of the hearing was published in accordance with Government Code sections 65091, 66484 and 66016.5, Ordinance CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 5 powered by Legistar™ File #:24-3300,Version:1 Code section 913-6.014, and other applicable laws. CONSEQUENCE OF NEGATIVE ACTION: The ECCRFFA program update would not be approved if any member agency fails to adopt the 2024 Program Update, amend its fee ordinance or resolution, and approve the fifth amendment to the ECCRFFA JEPA. As a consequence, ECCRFFA RTDIM fees could not be used to fund any of the 18 new projects evaluated in the 2024 Program Update, which are necessary to mitigate the transportation impacts created by new development in ECCRFFA’s jurisdiction through 2040. 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 adoption of Contra Costa County Ordinance No. 2024-18, to add 18 new projects to the list of East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) projects, with no changes to the ECCRFFA fees or the area in which they are collected. WHEREAS, Contra Costa County is a member agency of the ECCRFFA; and WHEREAS, in accordance with Government Code section 66016.5, notice of the October 8, 2024 public hearing before the Board of Supervisors was published in the East Bay Times 30 days in advance of the hearing, and a separate noticing meeting the requirements of Division 913 of the County Ordinance Code was published in the East Bay Times at least 10 days before the hearing; and WHEREAS, the Board of Supervisors conducted a public hearing on October 8, 2024, to consider the adoption of Ordinance No. 2024-18, to add 18 new projects as regional transportation improvements that will be funded with ECCRFFA fees, with no changes to ECCRFFA’s fees or the area in which they are collected; and WHEREAS, at the conclusion of said hearing, the Board of Supervisors’ approval made no changes to the boundaries of ECCRFFA, and made no changes to the ECCRFFA fees last approved in 2005; and WHEREAS, the unincorporated area within ECCRFFA’s jurisdiction, the costs of the proposed improvements, and the method of fee apportionment are as set forth in the May 2024 Draft Final Report East Contra Costa Regional Fee Program Update, a nexus study, (“2024 Program Update”) dated May 2024, prepared by Fehr and Pehrs, attached hereto as Exhibit 1; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby: 1.ADOPTS the 2024 Program Update. The 2024 Program Update is attached hereto as Exhibit 1. 2.INCORPORATES by reference the following, which were established at the hearing described above: A.The boundaries of ECCRFFA’s jurisdiction, including within unincorporated Contra Costa County, in CONTRA COSTA COUNTY Printed on 10/29/2024Page 4 of 5 powered by Legistar™ File #:24-3300,Version:1 which ECCRFFA Fees are imposed, is depicted on the map included in the 2024 Program Update. B.The estimated costs of the thoroughfare improvements to be funded with revenue from the ECCRFFA Fees, as more particularly set forth in the 2024 Program Update; and C.The method of appointment of the ECCRFFA Fees, as more particularly described in the 2024 Program Update staff report in support of Ordinance No. 2024-18. However, the ECCRFFA Fees, and the method of fee apportionment, remain unchanged since the ECCRFFA fees and method of fee apportionment were last established in Contra Costa County Ordinance No. 2005-18. CONTRA COSTA COUNTY Printed on 10/29/2024Page 5 of 5 powered by Legistar™ Draft Final Report East Contra Costa Regional Fee Program Update Prepared for: East Contra Costa Regional Fee & Financing Authority May 2024 1001-1655.03 Table of Contents 1. Introduction ............................................................................................................................. 1 Background .................................................................................................................................................................................... 1 Purpose ............................................................................................................................................................................................ 1 Study Area ....................................................................................................................................................................................... 2 Study Process ................................................................................................................................................................................. 2 Organization of the Report ...................................................................................................................................................... 2 2. Program Information and Project List .................................................................................. 4 3. Growth Projections ................................................................................................................. 9 Dwelling Unit Equivalent Factors .........................................................................................................................................10 Projected Growth in East County .........................................................................................................................................11 4. Nexus Analysis and Fee Calculations................................................................................... 13 Existing Deficiencies ..................................................................................................................................................................13 Proportional Cost Allocation .................................................................................................................................................13 Projects in Existing Program ..........................................................................................................................................13 Proposed New Projects ...................................................................................................................................................14 Fee Calculations and Application ........................................................................................................................................19 5. Summary of Required Program Elements .......................................................................... 21 Fundamental Nexus Requirements .....................................................................................................................................21 Additional Elements ..................................................................................................................................................................22 Appendix A: 2024 Program Assessment…………………………………………………………………25 List of Figures Figure 1: ECCRFFA Area and Projects .......................................................................................................................................... 3 List of Tables Table 1: Current ECCRFFA Fees (as of January 2024) ............................................................................................................ 4 Table 2: ECCRFFA Project List, Existing and Proposed ......................................................................................................... 5 Table 3: Projected Land Use in East County ............................................................................................................................. 9 Table 4: East County Growth Projections Summary ........................................................................................................... 10 Table 5: DUE Conversion Factors ............................................................................................................................................... 11 Table 6: Forecasted Growth in East Contra Costa County (2023 to 2040) ................................................................ 12 Table 7: Projects and Fee Contribution Amounts................................................................................................................ 15 Table 8: New Maximum Fee Calculations ............................................................................................................................... 20 Draft Final Report East Contra Costa Regional Fee Program Update May 2024 1 1. Introduction Background The East Contra Costa Regional Fee and Financing Authority (ECCRFFA or the Authority) is a regional planning agency charged with funding regional transportation improvement projects in eastern Contra Costa County with revenue from the Authority’s regional transportation demand impact mitigation (RTDIM) fees. The Authority's jurisdiction includes the eastern portion of the County, including unincorporated areas and the Cities of Antioch, Brentwood, Oakley, and Pittsburg. The Authority’s boundaries are shown in Figure 1. The Authority first implemented a transportation development impact fee program in 1994. The fee was calculated to reflect new development’s proportional share of the cost of various regional transportation improvements, such as the State Route (SR) 4 Bypass and the widening of SR 4 through Pittsburg and Antioch. The Authority conducted an update of the fee program in 2001 to help fund an expanded list of regional transportation improvements. In the summer of 2005, the Authority completed a comprehensive update of its RTDIM fee program. In June 2005, the ECCRFFA Board approved the East Contra Costa Regional Fee Program Update Final Report (the “2005 Report”) prepared by Fehr & Peers, and each of the five member jurisdictions adopted an updated set of fees pursuant to that report. Since that time, the fees have been adjusted annually to reflect changes in construction costs. Beginning in 2008-2009, a fee rebate program was established in response to the economic downturn. The fee rebate has been reduced over time, but the Authority has continued to implement a 15% fee rebate since January 1, 2017. Periodic program assessments have been completed and documented over the past several years to evaluate the progress of the program in funding and delivering projects on the project list. In 2020, the program was updated to include a project that would involve the extension of Sand Creek Road westward to a new intersection with Deer Valley Road in Antioch (documented in a report called East Contra Costa Regional Fee Program Update Final Report dated October 2020 and referred to here as the ”2020 Report”). Purpose Since the current project list was defined in the 2005 nexus study and updated in 2020, the member agencies have conducted planning work and defined investment priorities to accommodate the ongoing population and employment growth that continues to occur in East County. The purpose of this report is to evaluate the addition of 18 projects to the ECCRFFA program that have been provided by the member agencies as being recommended through recent East County planning processes, and to determine new development’s proportional share of the cost of these additional projects. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 2 Study Area As shown on Figure 1, ECCRFFA’s jurisdiction area includes certain unincorporated areas of eastern Contra Costa County, as well as the Cities of Antioch, Brentwood, Oakley, and Pittsburg. Study Process This study was developed under the direction of ECCRFFA staff and with input from staff from each of the member agencies. This study follows the same technical methods and procedures as were used in the 2005 and 2020 Reports. The intent is to maintain the existing structure of the ECCRFFA program; therefore, those prior reports remain the best source of detailed information about the nexus analysis for the existing program. The focus of this current analysis is to determine new development’s proportional share of the cost of the proposed additional 18 projects, as well as to incorporate updated cost information regarding all the projects on the current ECCRFFA project list. Organization of the Report After this introductory section, the report contains four additional sections: • Section 2 – Program Information and Project List describes the background of the fee program, the current fee amounts, and the list of projects proposed to be included in the program. • Section 3 – Growth Projections documents the amount of growth anticipated in East County through the planning horizon that would be subject to the fee. • Section 4 – Nexus Analysis and Fee Calculations describes the results of the nexus analysis for the new projects and calculates the fee amounts using the updated information presented in the report. • Section 5 – Summary of Required Program Elements describes how the information in this report satisfies the requirements of the Mitigation Fee Act (AB 1600). Black DiamondMines RPr MorganTerritoryRPr EBMUD Lower ShermanIslandWildlife Area Los VaquerosWatershed Las TrampasReg.Wilderness Briones RP Grizzly IslandWildlifeArea FranksTract SRA MountDiablo SP ·185 ·160 ·242 ·13 ·24 ·4 %&580 %&780 %&680 %&205 !"5 Pittsburg Oakley Antioch Brentwood East 18th St California A v e Pi�sbur g - A n � o c h H w y A S t W Eight Mile Rd Sa n M a r c o B l v d Clayton R d Kirker P a s s R d Marsh Creek R d W Leland Rd Byron R o a d Balfour RdBre n t w o o d B l v d Sand Creek Rd Laurel Rd E Cypress Rd Ma i n S t Byro n - B e t h a n y R d Wa l n u t B l v d Wilbur Ave Byron Hwy Marsh Creek Rd Balfour Rd Lone Tre e W a y Avila Rd Deer Valley Rd Willow Pass Rd 8 14 2223 5 13 9 15 21 27 2017 18 8 2 16 16 3 6 1912 4 24 1 26 711 10 28 29 24B 30 31 34 33 32 35 36 37 38 39 40 41 42 43 44 46 Figure 1 1001-1655.03_1_ECCRFFAprojects Other Projects Not Mapped (Location Not De ned) East County Express Bus (Jurisdiction: Tri-Delta Transit) Brentwood Intermodal: Co-sponsored, supported, and/or partially funded by CCTA. (Jurisdiction: Brentwood) Project Type Project Type Freeway Improvements Completed Project Arterial Improvements Regional Transit Improvements East Contra Costa CountyFee Boundary Planned Project Proposed Project 25 42 Draft Final Report East Contra Costa Regional Fee Program Update May 2024 4 2. Program Information and Project List The existing ECCRFFA program authorizes ECCRFFA’s member agencies to charge RTDIM fees on new development within ECCRFFA’s jurisdiction. The current schedule of ECCRFFA fees is shown in Table 1. The existing ECCRFFA program generates RTDIM fee revenue that can be used to fund new development’s proportional share of any of the 27 transportation improvement projects listed in the 2020 Report. Those projects include freeway and regional transit improvements as well as projects along major arterial roadways that connect different parts of the East County region. See Figure 1 for a map of the project locations, and Table 2 contains a description of each project along with its current status and estimated cost. For those projects that have been completed, the cost shown on Table 2 reflects the actual cost of that project at completion. For projects yet to be completed, the cost shown on Table 2 reflects the estimated cost to complete the project. In many cases, these estimates were drawn from the 2020 Report and indexed to current dollars by applying an annual construction cost index, consistent with the process used to index the ECCRFFA fee amounts each year. In a few cases, the project sponsors were able to provide a more recent cost estimate, which was incorporated into Table 2. Table 1: Current ECCRFFA Fees (as of January 2024) Land Use Category Unit Fee per Unit Single-Family DU $28,313 15% $24,066 Multi-Family DU $17,380 15% $14,773 Commercial Sq. Ft. $2.35 $2.35 Office Sq. Ft. $2.04 $2.04 Industrial Sq. Ft. $2.04 $2.04 Other Peak Hour Trip $28,313 $28,313 Notes: DU = Dwelling Unit. For projects that do not fit in one of the general land use categories above, the fee is assessed on the basis of the number of peak hour vehicle trips estimated to be generated by that project. Source: Contra Costa County. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 5 Table 2: ECCRFFA Project List, Existing and Proposed # Project Description/Project Limits Sponsor Status Existing Program, Freeway Improvements 1 SR 4 Freeway widening Railroad Avenue to Loveridge Road, widen to 8 lanes CCTA $ 101.0 Completed Loveridge to Bypass (8 lanes to Hillcrest, 6 lanes to Bypass) CCTA $ 374.7 Completed 2 SR 4 Bypass Segment 1 Phase 1, 6 lanes to Laurel, interchanges at Laurel Rd and Lone Bypass Authority $ 113.7 Completed 3 SR 4 Bypass Segment 2 Phase 2, 4 lanes, Sand Creek Road to Balfour Road Bypass Authority $ 16.0 Completed Bypass Authority $ 39.9 Sand Creek interchange and 4 lanes, Laurel to Sand Creek Bypass Authority $ 43.8 Completed 4 SR 4 Bypass Segment 3 Balfour to Marsh Creek (2 lanes) plus Marsh Creek east-west connector Bypass Authority $ 77.8 Completed Bypass Authority $ 81.1 Balfour interchange Phase 1 Bypass Authority $ 58.0 Completed Existing Program, Arterial Improvements SR4 Bypass to Empire, 6 lanes Bypass Authority $ 22.6 Completed 6 SR 239/84 Connector Vasco Road – Byron Highway Connector1 CCTA $ 161.0 Phase in 7 SR 239 Corridor study and preliminary design (no construction costs) CCTA $ 101.0 Phase in Draft Final Report East Contra Costa Regional Fee Program Update May 2024 6 Table 2: ECCRFFA Project List, Existing and Proposed # Project Description/Project Limits Sponsor Status 8 SR 4 (Main St or Brentwood Blvd) widening four-lane arterial between Fifth Street and Delta Road in Oakley, and between Chestnut Street and Balfour Oakley, Brentwood $ 24.5 Partially Completed 9 Balfour Road widening County $ 14.2 10 Road/Deer Valley Road Clayton City Limits; Deer Valley: County $ 29.3 12 $ 55.9 14 California Avenue Pittsburg $ 6.6 15 Willow Pass Road $ 14.7 16 Extension (formerly Buchanan Bypass) or Buchanan Road to Kirker Pass Road Improve traffic flow between Railroad Avenue and Somersville Pittsburg $ 115.6 Design in Progress (for James Donlon Blvd Extension) 17 West Tregallas/Fitzuren Antioch $ 53.3 18 West Leland Road or Evora Road 2 Pittsburg $ 33.4 County 19 Wilbur Avenue Antioch, County $ 42.7 20 Neroly Road Oakley $ 10.6 21 Deer Valley Road Antioch, County $ 31.2 22 Walnut Boulevard County $ 29.5 Draft Final Report East Contra Costa Regional Fee Program Update May 2024 7 Table 2: ECCRFFA Project List, Existing and Proposed # Project Description/Project Limits Sponsor Status 23 John Muir Parkway New Roadway between Balfour Road and Fairview Avenue Brentwood $ 17.7 commitment 24 Byron Highway County $ 20.0 27 Sand Creek Road Antioch $ 38.2 Existing Program, Regional Transit Projects 25 Tri-Delta Transit $ 9.1 eBART extension to Antioch CCTA $ 513.0 Completed Proposed Projects for Updated Program 24B Byron Highway Extension Extend road between Delta Road and Rock Slough Bridge Oakley $ 26.6 28 Empire Avenue Widening and Rail railroad overcrossing, between Oakley $ 45.5 29 Laurel Road Extension Extend Laurel Road as a four-lane arterial from Teton Road to Sellers Oakley $ 42.0 30 Kirker Pass Road Truck Climbing Lane Construct a southbound truck climbing lane along Kirker Pass Road County $ 38.6 31 Camino Diablo Safety Improvements Safety improvements between Vasco Road and Byron Highway County, CCTA $ 7.4 32 Slatten Ranch Road Extension, South New 4-lane roadway from Wicklow Street to Wild Horse Road Antioch $ 28.0 33 Slatten Ranch Road Extension, North Horse Road to existing terminus at Antioch $ 17.3 34 Viera Avenue Extension New 2-lane roadway from Oakley Road to Slatten Ranch Road Antioch $ 10.9 35 Standard Oil Avenue New 2-lane road from Delta Fair Boulevard to James Donlon Pittsburg $ 16.6 36 Loveridge Road Improvements Widened sidewalks and improved bicycle facilities between SR 4 and Pittsburg $ 3.0 Draft Final Report East Contra Costa Regional Fee Program Update May 2024 8 Table 2: ECCRFFA Project List, Existing and Proposed # Project Description/Project Limits Sponsor Status 37 Bailey Road Improvements Between Southern City Limits and West Leland Road, add turn lanes, Pittsburg $ 62.1 38 Lone Tree Way Rail Crossing Union Pacific undercrossing widened from Fairview Avenue to Gann Street Brentwood $ 32.8 39 SR-4 Operational Improvement Project Improve operations along SR 4 between 0.3 miles west of the SR 4/SR 242 interchange to the Bailey CCTA $ 177.0 Environmental Phase in Progress 40 SR-4 Integrated Corridor Management East County share (i.e., one-half the total cost) of Countywide SR-4 ICM CCTA $ 10.0 Concept of Operations in 41 High-Capacity Transit from Antioch BART to Antioch and Brentwood CCTA $ 14.1 42 Brentwood Intermodal Park and ride lot south of the Lone Tree Way/SR-4 interchange, adjacent Brentwood $ 11.6 43 Sellers Avenue Safety Improvements Upgrade Sellers Avenue to current design standards between Delta Road and Chestnut Road, and between Main Canal and Marsh County $ 27.2 44 East Cypress Rd Improvement a 4-lane arterial on a new alignment between Jersey Island Rd and Bethel Island Rd, with the existing East Cypress Rd alignment preserved for Notes: 1. In the 2005 Report, the description of project #6 was “Armstrong Road Extension, 2 lanes (formerly Byron Airport Road). Since the 2005 Report was completed, further environmental and preliminary design work has been conducted on this project and the SR 239/84 Connector has now been named the “Vasco Road – Byron Highway Connector”, so for clarity and to reflect current conditions that is the terminology that is now being used for Project #6. 2. In the 2005 Report, the description of project #18 was to “Extend West Leland Road from San Marco to Avila Road”. Since the 2005 Report was completed, a portion of the West Leland Road extension has been constructed and West Leland now terminates at Santa Teresa Drive. Therefore, for clarity and to reflect current conditions, the description of project #18 is now shown as Extend West Leland from Santa Teresa Drive to Avila Road. Source: ECCRFFA, CCTA, Contra Costa County, Cities of Antioch, Brentwood, Oakley, and Pittsburg. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 9 3. Growth Projections An important element of every fee calculation is the estimate of future growth in the fee area. As part of this update, the current land use files available from the Contra Costa Transportation Authority (CCTA) travel demand model were reviewed. These files contain projections of the amount of residential and employment growth that is anticipated to occur in East County. CCTA completed an update of the travel model and developed a new set of land use files that reflect the totals from the Association of Bay Area Governments (ABAG) Projections 2017 publication, which is the most current set of regional growth projections available for the CCTA travel model. The first step in the process was to identify which of the model’s traffic analysis zones (TAZs) are within ECCRFFA’s jurisdiction. The ECCRFFA jurisdictional boundary was available as a GIS file and was overlaid with the CCTA TAZ structure to identify the TAZs that are located within ECCRFFA’s jurisdiction. For those TAZs that are only partially within ECCRFFA’s jurisdiction, the TAZ was included in the calculation only if more than 50% of the TAZ land area was within ECCRFFA’s jurisdiction. The next step was to tabulate the total amount of households and employment in the ECCRFFA TAZs, as shown in Table 3. The year 2023 is used as the baseline and the year 2040 is the horizon year. The employment categories shown are those that have historically been used in prior nexus studies for the ECCRFFA program and are used here for consistency with the existing fee program. Table 4 shows a summary of these growth projections for East County. Table 3: Projected Land Use in East County Jurisdiction Service Retail Other Service Retail Other 6,285 8,135 8,431 28,534 7,791 7,587 9,923 10,280 31,808 10,425 2,271 2,949 3,239 16,236 1,981 2,901 3,321 3,833 20,037 2,555 1,244 1,416 2,004 10,861 2,277 1,944 1,762 2,494 13,411 3,836 4,490 4,650 7,563 15,230 7,717 5,952 5,660 8,129 18,953 11,557 1,548 3,140 5,409 16,252 3,640 2,798 3,643 4,815 18,657 4,685 Total East County 15,838 20,290 26,646 87,113 23,406 21,182 24,309 29,551 102,866 33,058 12023 land use was derived by a linear interpolation between the 2020 and 2040 land use data provided by CCTA in March 2019. Note: Relationship between land use categories in the model and the fee program were assumed to be: Retail=Commercial; Service=Office; and Other=Industrial, Manufacturing, Agriculture and other land use categories included in the CCTA model. Source: ECCRFFA, CCTA, Fehr & Peers. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 10 Table 4: East County Growth Projections Summary Population 358,182 421,603 63,421 18% Residential Units 110,519 135,924 25,405 23% Employment 62,774 75,042 12,268 20% Service Population1 420,956 496,645 75,689 18% 1: Service population is defined as the sum of residents and employees. Source: ECCRFFA, CCTA, Fehr & Peers Dwelling Unit Equivalent Factors It is common in many fee programs to convert the projected growth into a standard unit of measurement called the dwelling unit equivalent (DUE), in order to account for the fact that different types of development have different travel characteristics. The factors used to convert the future land use numbers into DUEs are shown in Table 5. These factors have been developed following the same structure established in the 2005 and 2020 Reports; the values in each column have been updated to reflect the most current data available. These DUE conversion factors involve the following elements: land use- specific PM peak hour trip rates from ITE Trip Generation, 11th Edition; estimates of the percent new trips from SANDAG Brief Guide of Vehicular Traffic Generation Rates (2002); and average trip lengths from the 2012 California Household Travel Survey for census tracts within ECCRFFA’s jurisdiction. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 11 Table 5: DUE Conversion Factors Land Use Category Unit PM Peak Trip Rate1 % New Trips2 Length 3 PM Peak VMT per Unit4 DUE per Unit5 Housing Single Family a Dwelling Unit 0.94 100 7.8 7.3 1.00 Multi-Family b Dwelling Unit 0.51 100 7.8 4.0 0.54 Employment Commercial c 3.40 45 6.0 9.1 1.25 Office d 1.44 75 13.8 14.9 2.03 Industrial e 0.65 80 13.8 7.2 0.98 1. The average PM peak hour (between 4 and 6 PM) trip rate was taken from the ITE Trip Generation Manual, 11th Edition, for the following land use codes: a. Single Family Detached - Code 210 b. Multifamily Housing (Low Rise) - Code 220 c. Shopping Center - Code 820 d. General Office - Code 710 e. General Light Industrial - Code 110 2. Taken from the SANDAG Brief Guide of Vehicular Traffic Generation Rates, April 2002. 3. Average trip lengths for the East County area as derived from 2012 California Household Travel Survey Data. For single family and multifamily housing, used travel survey data for all home-based trip purposes. For commercial uses, used data for home-based shopping purpose. For office and industrial uses, used data for all work-related trips. 4. Calculated as: PM Peak Trip Rate * % New Trips * Average Trip Length. 5. DUE per Unit is calculated by normalizing the PM Peak VMT for each category such that the single-family residential category is assigned a DUE of 1.00. This is accomplished by dividing the PM Peak VMT for each category by the PM Peak VMT of the single-family residential category. So, for example, the DUE per Unit for the Multi-family category is calculated as 4.0 / 7.3 = 0.54. Source: ECCRFFA, Fehr & Peers. Projected Growth in East County Forecasted growth in East Contra Costa County is shown in Table 6 in absolute numbers of new jobs and residential units, and then those numbers are converted to DUEs. The total number of new DUEs projected in the 17 years from 2023 to 2040 is 27,935. As a point of comparison, in the 2005 Report the amount of growth projected over the 20-year period from 2005 to 2025 was approximately 42,000 DUEs. This result is an indication that the East County area is moving closer to a build-out condition, as the amount of future growth begins to moderate. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 12 Table 6: Forecasted Growth in East Contra Costa County (2023 to 2040) Jurisdiction Total DUEs Retail Other 4 Office1 Commercial2 Industrial3 4 1,302 1,788 1,849 3,274 2,634 811 999 724 3,274 1,429 7,237 630 372 594 3,801 574 393 208 232 3,801 311 4,945 700 346 490 2,550 1,559 436 193 192 2,550 846 4,217 1,462 1,010 566 3,723 3,840 911 564 221 3,723 2,083 7,503 1,250 503 0 2,405 1,045 779 281 0 2,405 567 4,032 Total East County 5,344 4,019 3,499 15,753 9,652 3,330 2,246 1,369 15,753 5,237 27,935 Relationship between land use categories in the model and the fee program were assumed to be: Retail=Commercial; Service=Office; and Other=Industrial, Manufacturing, Agriculture and other land use categories included in the CCTA model. 1. Office DUE conversion assumes 275 square feet per employee and a DUE per thousand square feet of 2.03. DUE = EMP * 0.275 * 2.03 2. Commercial DUE conversion assumes 500 square feet per employee and a DUE per thousand square feet of 1.25. DUE = EMP * 0.500 * 1.25 3. Industrial DUE conversion assumes 400 square feet per employee and a DUE per thousand square feet of 0.98. DUE = EMP * 0.400 * 0.98 4. The multifamily units were multiplied by a DUE of 0.54. Source: ECCRFFA, Fehr & Peers. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 13 4. Nexus Analysis and Fee Calculations Existing Deficiencies One of the key functions of a fee program is to charge fees to new development in order to fund new development’s proportional share of transportation improvements needed to serve the demand and impacts generated by that new development. The purpose of an impact fee is not to correct existing deficiencies, which should be funded through other revenue sources. Therefore, in order to add the 18 proposed projects to the program, it is necessary to determine whether there are existing deficiencies in the roadway network that may be related to or affected by those proposed projects. The East County Action Plan for Routes of Regional Significance report (the most recent version was prepared in 2023 and is available at https://ccta.net/wp-content/uploads/2023/03/Draft-East-County- Action-Plan_03-13-23.pdf) has been used to identify potential deficiencies across the facilities affected by the proposed new projects. This report designates routes of regional significance throughout East Contra Costa County and sets performance measures, or Regional Transportation Objectives (RTOs), for each one. Of the 18 proposed additional projects, 13 are located on a roadway identified as a Route of Regional Significance. Based on the RTO values presented for each facility in the report, only one of these facilities, State Route 4 (SR-4), does not currently meet its RTO. More specifically, for the RTO called Buffer Index, which measures the variability in travel time, the target was set at 0.5 and the observed value for SR-4 in the eastbound direction during the PM peak was measured at 0.75, thus exceeding the target. Proposed projects #39 and #40 are located along SR-4, and an existing deficiency reduction of 50% was applied to these projects’ cost before including them in the fee calculations. Proportional Cost Allocation As described previously, the purpose of this study is to evaluate the incorporation of the proposed 18 new projects into the ECCRFFA fee program. As such, the focus here is on defining the proportion of the costs of these projects that could be included in the program. No changes are being made to the cost proportions included in the program for any of the projects that are already part of the existing ECCRFFA fee program. Table 7 includes the total cost of each project, as well as the portion of that cost that is considered eligible for inclusion in the fee program, sometimes referred to as the “nexus percentage”. Projects in Existing Program For all of the projects currently in the existing ECCRFFA program, the nexus percentages have been taken directly from the 2005 and 2020 Reports. For most projects, the nexus percentage is 100% based on the conclusions from the 2005 Report. There are a few exceptions, as follows: Draft Final Report East Contra Costa Regional Fee Program Update May 2024 14 • Projects that address existing deficiencies (Project #16 Buchanan Bypass/James Donlon Blvd Extension): The cost share attributed to new traffic is included in the fee program. In the case of Project #16, that percentage was determined to be 68% in the 2005 Report. • Projects that involve transit or safety enhancements (Project #10 Marsh Creek/Deer Valley Rd safety enhancements, #24 Byron Highway safety enhancements, #25 East County Express Bus): The cost share proportional to new development’s share of total future population is included in the fee program. At the time of the 2005 Report, that value was 33%. • Projects that are designed to serve both local access to adjacent development areas and regional travel demand (Project #27 Sand Creek Road extension): The Sand Creek Road extension would be a four-lane road that will serve as local access for the planned development areas in southern Antioch located on either side of Sand Creek Road, and would also fill a gap in east-west connectivity for regional travel needs between Antioch, Brentwood, and surrounding communities. The cost of constructing the project elements needed to serve local access are excluded from the fee program, and the remaining project costs that are regional in nature are included. In the case of Project #27, the regional project elements included the center median and one lane of travel in either direction, while the local portion included all other cost elements (one lane in either direction, retaining walls, landscaping, most grading and utilities); the regional percentage was determined to be 31% in the 2020 Report. Proposed New Projects For the proposed new projects, the nexus percentages have been determined based on similar considerations as were applied to the existing projects. • Projects that address existing deficiencies (Project #39 SR-4 Operational Improvement Project, and #40 SR-4 Integrated Corridor Management): As described above, these projects have been identified as being located on a facility with an existing deficiency and have been assigned a percentage of 50%. • Projects that involve transit or safety enhancements (Project #31 Camino Diablo safety improvements, #36 Loveridge Road improvements, #41 High-capacity Transit from Antioch to Brentwood, #42 Brentwood Intermodal, and #43 Sellers Avenue safety improvements): The cost share proportional to new development’s share of total future population is included in the fee program. Because these projects are being newly added to the program, the share of total future population must be calculated based on current data about existing population and projections of future growth. Per the 2023-2040 growth projections shown in Table 4, that value is 18%. • Projects that are designed to serve both local access to adjacent development areas and regional travel demand (Project #24B Byron Highway extension, #28 Empire Avenue widening and rail crossing, #29 Laurel Road extension, #32 Slatten Ranch Road extension (South segment), #33 Slatten Ranch Road extension (North segment), and #34 Viera Avenue extension): The projects listed here are similar to Project #27, Sand Creek Road extension, in that these projects propose to construct a four-lane roadway that will provide local access to adjacent planned development areas and would also serve regional travel between East County communities. The cost of Draft Final Report East Contra Costa Regional Fee Program Update May 2024 15 constructing the project elements needed to serve local access needs should be excluded from the fee program, and the remaining project costs that are regional in nature should be included. These projects do not have sufficiently detailed cost estimates to identify the precise costs of each element and separate them between local and regional components; however, the basic elements of these projects are anticipated to be very similar to the elements of Project #27, Sand Creek Road extension, in that the project elements that serve regional needs will include a center median and one lane of travel in either direction, while the project elements that serve local needs will be one travel lane in either direction, retaining walls, landscaping, most grading and utilities. Therefore, the regional nexus percentage of 31% determined in the 2020 Report for Project #27, Sand Creek Road extension, has been applied here. • All other new projects (Project #30 Kirker Pass and South Hess Road, #35 Standard Oil Avenue, #37 Bailey Road, #38 Lone Tree Way, #44 East Cypress Road): The nexus percentage for these projects was determined by applying the CCTA travel demand model for the year 2040 and using a “select link” procedure to track the usage of each facility by travelers making regional trips in East County. A “regional” trip is defined as a trip that begins and/or ends within East County and that crosses at least one jurisdictional boundary. For instance, a trip between Oakley and Pittsburg, or a trip between Antioch and Walnut Creek, or a trip between Brentwood and Livermore, are all examples of “regional” trips. The percentage of regional trips is different for each of these five project locations but is always greater than 80%, which indicates that these facilities are primarily used for regional travel. Table 7: Projects and Fee Contribution Amounts # Project Description/ Project Limits Sponsor Total Cost ($ Million) % Eligible for Future Fee Contribution Potential Fee Contribution Existing Program, Freeway Improvements 1 Railroad Avenue to Loveridge Road, widen to 8 lanes CCTA $ 101.0 Loveridge interchange CCTA $ 157.8 Loveridge to Bypass (8 lanes to Hillcrest, 6 lanes to Bypass) CCTA $ 374.7 Hillcrest interchange expansion CCTA $ 10.0 2 SR 4 Bypass Segment 1 Phase 1, 6 lanes to Laurel, interchanges at Laurel Rd and Bypass Authority $ 113.7 Phase 2, SR 160 interchange $ 50.1 Laurel interchange, phase 2 $ 1.0 3 Phase 1, 2 lanes $ 33.3 Draft Final Report East Contra Costa Regional Fee Program Update May 2024 16 # Project Description/ Project Limits Sponsor Total Cost ($ Million) % Eligible for Future Fee Contribution Potential Fee Contribution Phase 2, 4 lanes, Sand Creek Road to Balfour Road Bypass Authority $ 16.0 $ 39.9 100% $ 39.9 Sand Creek interchange and 4 lanes, Laurel to Sand Creek Bypass Authority $ 43.8 4 SR 4 Bypass Segment 3 Balfour to Marsh Creek (2 lanes) plus Marsh Creek east-Bypass Authority $ 77.8 Marsh Creek to Vasco, 2 lanes $ 12.6 and Balfour interchange Bypass Authority $ 81.1 100% $ 81.1 Balfour interchange Phase 1 $ 58.0 Marsh Creek interchange $ 51.2 100% $ 51.2 Vasco interchange $ 42.7 100% $ 42.7 Existing Program, Arterial Improvements 5 SR4 Bypass to Empire, 6 lanes $ 22.6 6 SR 239/84 Connector CCTA $ 161.0 100% $ 161.0 7 SR 239 preliminary design (no CCTA $ 101.0 100% $ 101.0 8 SR 4 (Main St or Brentwood Blvd) widening consistent four-lane arterial between Fifth Street and Delta Road in Oakley, and between Chestnut Street and Balfour Road in south Oakley, Brentwood $ 24.5 100% $ 24.5 9 County $ 14.2 100% $ 14.2 10 Road/Deer Valley Road Safety Boulevard to Clayton City Limits; Deer Valley: Balfour County $ 29.3 33% $ 9.7 Draft Final Report East Contra Costa Regional Fee Program Update May 2024 17 # Project Description/ Project Limits Sponsor Total Cost ($ Million) % Eligible for Future Fee Contribution Potential Fee Contribution 11 Route 84/Vasco Road County $ 317.0 100% $ 317.0 12 $ 55.9 100% $ 55.9 13 Antioch $ 9.6 100% $ 9.6 14 California Avenue Pittsburg $ 6.6 100% $ 6.6 15 Willow Pass Road $ 14.7 100% $ 14.7 16 James Donlon Blvd Extension (formerly Buchanan Bypass) or Buchanan Road Improvements Somersville to Kirker Pass Road Improve traffic flow between Railroad Avenue and Pittsburg $ 115.6 68% $ 78.6 17 Antioch $ 53.3 100% $ 53.3 18 West Leland Road or Evora Road Santa Teresa Drive to Avila Pittsburg $ 33.4 100% $ 33.4 Pass Rd (Concord), widen to County 19 Wilbur Avenue $ 42.7 100% $ 42.7 20 Neroly Road Oakley $ 10.6 100% $ 10.6 21 Deer Valley Road $ 31.2 100% $ 31.2 22 Walnut Boulevard County $ 29.5 100% $ 29.5 23 John Muir Parkway New Roadway between Balfour Road and Fairview Brentwood $ 17.7 24 Byron Highway County $ 20.0 33% $ 6.7 27 Sand Creek Road between SR 4 and Deer Antioch $ 38.1 31% $ 11.8 Draft Final Report East Contra Costa Regional Fee Program Update May 2024 18 # Project Description/ Project Limits Sponsor Total Cost ($ Million) % Eligible for Future Fee Contribution Potential Fee Contribution Existing Program, Regional Transit Projects 25 $ 9.1 33% $ 3.0 eBART extension to Antioch CCTA $ 513.0 Proposed Projects for Updated Program 24B Oakley $ 26.6 31% $ 8.3 28 Empire Avenue Widening and Rail Crossing Construct four-lane arterial and railroad overcrossing, between Wicklow Way and Oakley $ 45.5 31% $ 14.1 29 Laurel Road Extension Extend Laurel Road as a four-lane arterial from Teton Road Oakley $ 42.0 31% $ 13.0 30 Kirker Pass Road Truck Climbing Lane Construct a southbound truck climbing lane along County $ 38.6 96% $ 37.1 31 Improvements Safety improvements between Vasco Road and County, CCTA $ 7.4 18% $ 1.3 32 Extension, South Wicklow Street to Wild Horse Antioch $ 28.0 31% $ 8.7 33 Slatten Ranch Road Extension, North Segment New 4-lane roadway from Wild Horse Road to existing terminus at the Antioch BART Antioch $ 17.3 31% $ 5.4 34 Viera Avenue Extension New 2-lane roadway from Oakley Antioch $ 10.9 31% $ 3.4 35 Standard Oil Avenue New 2-lane road from Delta Fair Boulevard to James Pittsburg $ 16.6 100% $ 16.6 36 Loveridge Road Improvements Widened sidewalks and improved bicycle facilities between SR 4 and Pittsburg- Pittsburg $ 3.0 18% $ 0.5 37 Bailey Road Improvements Between Southern City Limits and West Leland Road, add turn lanes, sidewalks, and Pittsburg $ 62.1 97% $ 60.2 Draft Final Report East Contra Costa Regional Fee Program Update May 2024 19 # Project Description/ Project Limits Sponsor Total Cost ($ Million) % Eligible for Future Fee Contribution Potential Fee Contribution 38 Lone Tree Way Rail Crossing Union Pacific undercrossing widened from Fairview Brentwood $ 32.8 82% $ 26.9 39 SR-4 Operational Improvement Project Improve operations along SR 4 between 0.3 miles west of the SR 4/SR 242 interchange to the Bailey Road CCTA $ 177.0 50% $ 88.5 40 SR-4 Integrated Corridor Management East County share (i.e., one- half the total cost) of Countywide SR-4 ICM CCTA $ 10.0 50% $ 5.0 41 from Antioch BART between Antioch and CCTA $ 14.1 18% $ 2.5 42 Brentwood Intermodal Park and ride lot south of the Lone Tree Way/SR-4 interchange, adjacent to a Brentwood $ 11.6 18% $ 2.1 43 Sellers Avenue Safety Improvements Upgrade Sellers Avenue to current design standards between Delta Road and Chestnut Road, and between Main Canal and Marsh Creek County $ 27.2 18% $ 4.9 44 East Cypress Rd Improvement Road as a 4-lane arterial along a new alignment between Jersey Island Rd and Bethel Island Rd, with the existing East Cypress Rd alignment preserved for local Oakley $20.0 96% $ 19.3 SUM $ 3,526.0 $ 1,547,8 Notes: Projects shown in italics have been completed, so no future fee contributions are anticipated. Source: ECCRFFA. Fee Calculations and Application Table 8 displays the calculated maximum impact fees based on this nexus analysis. These fees have been calculated based on the complete list of projects as shown in Table 7. The total potential future fee contribution toward all the projects shown in Table 7 ($1,547,8 million) has been divided by the total Draft Final Report East Contra Costa Regional Fee Program Update May 2024 20 number of future Dwelling Unit Equivalents (DUEs) expected in East County as shown in Table 6 (27,935 DUEs), to calculate the resulting maximum fee per DUE of $55,406. These calculations represent new development’s proportional share of the cost of both the existing ECCRFFA projects that are yet to be completed and the proposed new projects, as determined by this study. The new maximum fees shown here are substantially higher than the current ECCRFFA fees as were shown in Table 1. This outcome is similar to prior ECCRFFA nexus studies, in that the ECCRFFA Board has typically chosen to impose fees at a level lower than the maximum fees calculated through a nexus analysis. The ECCRFFA program has not generally been intended to serve as the sole source of funding for the projects within the program, but rather as one of several funding sources that can be combined to deliver projects. The ECCRFFA Board periodically prepares and adopts a strategic transportation improvement plan that defines the priorities for expenditure of ECCRFFA funds over the upcoming five-year period. This strategic plan takes into account other sources of funds that may become available for each project. One potential source of funds for some projects is the local transportation impact fee established by the local agency; in some cases, elements of a project listed in Table 2 may also appear in a local agency’s fee program. If such a project becomes a priority for ECCRFFA funds as reflected in the ECCRFFA strategic transportation improvement plan, then there is coordination between ECCRFFA and the local agency to ensure that the two programs are being applied in a complementary fashion, which may necessitate adjustments to the local fee program. Table 8: New Maximum Fee Calculations Single-Family Residential (dwelling unit) $55,406 Multi-Family Residential (dwelling unit) $30,061 Commercial (square foot) $69.1 Office (square foot) $112.6 Industrial (square foot) $54.2 Other (per peak hour trip) $55,406 Source: Fehr & Peers. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 21 5. Summary of Required Program Elements This report has provided a detailed discussion of the elements of the East Contra Costa Regional Transportation Impact Fee program and explained the analytical techniques used to develop this nexus study. The report addresses the following fee program elements required by the Mitigation Fee Act (Government Code Section 66000 et seq), as summarized below. Fundamental Nexus Requirements Section 66001 contains several fundamental requirements that an agency must document when establishing or imposing an impact fee. 1. Identifying the purpose of the fee The ECCRFFA program is established for the purpose of supporting regional public infrastructure improvements and facilities needed to mitigate the traffic-related impacts of new development in eastern Contra Costa County. 2. Identifying how the fee will be used and the facilities to be funded through the fee The fee is used to help fund capital improvement projects that will accommodate future transportation needs throughout the ECCRFFA area. Table 2 identifies the projects eligible to be funded through the fee. 3. Determining a reasonable relationship between the fee’s use and the type of development on which the fee is imposed As described in this report, different types of development generate traffic with different characteristics. The calculations presented in Table 5 account for these characteristics by calculating the travel-related characteristics of different land use types. These considerations account for the differential impacts on the transportation system generated by different development types. 4. Determining a reasonable relationship between the need for the public facility and the type of development on which the fee is imposed The need for the facilities listed in Table 2 has been established through local and regional planning processes prepared by the Contra Costa Transportation Authority and the ECCRFFA member agencies. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 22 5. Determining a reasonable relationship between the amount of the fee and the cost of the public facility (or portion of facility) attributable to new development Section 4 of this report describes the calculations applied to determine the cost of the public facility that is attributable to new development in the ECCRFFA area, accounting for the effects of existing deficiencies. Thus, a reasonable effort has been made to quantitatively establish the relationship between the fees charged in the ECCRFFA program and the costs of public improvements attributable to new development within eastern Contra Costa County. Additional Elements Due to recent changes in state legislation, Section 66016.5 now defines several additional elements beyond the fundamental nexus requirements that have historically been part of the Mitigation Fee Act. These additional elements include the following: • If a nexus study supports the increase of an existing fee, review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee. As expected, the proposal to add 18 new projects to the program does result in an increased maximum fee calculated through this nexus analysis process. However, the intent is not to impose an increased fee, but rather to modify and update the list of capital improvement projects that would be considered eligible to receive ECCRFFA funds. As described in Section 1 of this report, the ECCRFFA program has been in place for many years and has been updated several times, most recently in 2020. All of the updates have maintained the same program structure as was initially established, and assumptions about future growth and future capital improvements have been updated each time using the most current data available. Further, ECCRFFA periodically conducts a “program assessment” to review the fee program’s assumptions and evaluate its progress. The most recent program assessment was just recently completed and is attached as an appendix to this report. The assessment concluded that the program structure has remained stable, the estimated costs of the projects in the program have remained in line with expectations, and the growth projections used in the fee calculations continue to be reasonable. The total amount of fees collected through the ECCRFFA program from inception are approximately $491 million. • Calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development, or explain why that would not be an appropriate metric for calculating fees. The ECCRFFA fees on housing developments have always been calculated based on the type of unit, with one fee level for single-family units and a different (lower) fee level for multi-family units. This has been a common practice for most fee programs around the state for many years. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 23 In the case of ECCRFFA, this practice aligns with the methods used by the member agencies in calculating their own local transportation impact fees, which are also imposed based on the type of unit. (All of the ECCRFFA member agencies except the City of Antioch have local fee programs to fund local transportation improvements, which are charged in addition to the ECCRFFA fees.) In addition, this practice aligns with the data that is readily available about the transportation impacts of housing developments; industry-standard reference documents about the trip generation rates, trip lengths, and pass-by/diverted trip characteristics of new development projects present that data either for all types of housing units combined or for a few different types of housing units, and do not typically present that data based on the unit size. Examples of data sources routinely used to support fee calculations include the ITE Trip Generation Manual, the ITE Trip Generation Handbook, the SANDAG Brief Guide of Vehicular Traffic Generation Rates, and the California Household Travel Survey. The Mitigation Fee Act requires that there be a demonstrated relationship between the fee being charged to a new development and the level of demand that development places on public facilities and services. As described previously, the calculations presented in Table 5 account for these characteristics by calculating the travel-related characteristics of different land use types. These considerations account for the differential impacts on the transportation system generated by different development types. There is no available reference document that directly links trip generation rates to the square footage of a housing unit. Given the lack of readily available reference data about how the size of a housing unit might be related to the demand that unit would place on the transportation system, some agencies in California have undertaken statistical analyses to attempt to better understand that relationship. Several of these recent statistical analyses have found limited information available from which to derive conclusions. The analyses cite some sources of information that link trip generation rates to the number of people living in a housing unit, although those sources often present values that are averaged over large geographic areas and the results can differ substantially; for example, some analyses cite the 2017 National Household Travel Survey which indicates that a 4-person household in California generates 12.6 daily trips, while others cite a 2012 national report on Travel Demand Forecasting: Parameters and Techniques that indicates a 4-person household generates 16.1 daily trips. These analyses then estimate the relationship between the number of people living in a house and the square footage of the house using US Census data, and then combine those factors to estimate trip generation rates by house size. An alternative approach has been taken in Western Riverside County, where an analysis was done based on actual trip generation rates and house size data collected from residential neighborhoods throughout that region. This locally-specific analysis found that single-family house size explained approximately one-half of the variation in trip generation rates, while the other half of the variation was related to other economic and demographic factors such as household income, number of residents with jobs, number of school-age children in the household, number of vehicles owned by the residents, and other factors. In addition, the Draft Final Report East Contra Costa Regional Fee Program Update May 2024 24 relationship between single-family house size and trip generation rates was found to hold only for houses up to 2,500 square feet; for larger houses, the statistical relationship was much less strong. No statistically significant relationship was found for multi-family developments. In light of the lack of consistent and available sources of data to support conclusions about how housing units of varying sizes affect the transportation system, ECCRFFA has determined that square footage is not currently an appropriate metric to use in calculating fees on residential developments, nor is there substantial evidence that the current method of calculating fees is disproportionate to a residential development’s effects on the transportation system. Finally, the ECCRFFA Board has adopted a policy related to setting fees for Accessory Dwelling Units (ADUs), which are relatively small units located on a parcel already occupied by a primary dwelling unit. Per the policy (https://www.eccrffa.org/wp-content/uploads/2024/05/ECCRFFA- Policy-for-Accessory-Dwelling-Units-ADUs.pdf), ADUs are either exempt from ECCRFFA fees or are charged a reduced fee, depending on the size of the unit. Notwithstanding the lack of data on the relationship between housing unit size and effects on the transportation system, discussed above, this ECCRFFA policy is consistent with state ADU law. This ECCRFFA policy supports smaller developments and, in conjunction with a fee structure that is not disproportionate to a residential development’s effect on the transportation system, ensures smaller developments are not charged disproportionate fees. • In large jurisdictions, adopt a capital improvement plan as a part of the nexus study. For this purpose, a large jurisdiction is defined as a county with a population of at least 250,000 and all the cities within that county, so the ECCRFFA area would meet the definition of a large jurisdiction. ECCRFFA does not function as a direct project sponsor, but instead provides funds to the agencies that deliver capital improvement projects in eastern Contra Costa County. ECCRFFA regularly prepares and updates a strategic transportation improvement plan that describes the planned expenditure of ECCRFFA funds on specific projects over the coming five-year period (the current ECCRFFA strategic transportation improvement plan can be found at https://www.eccrffa.org/documents/). In addition, all of the ECCRFFA member agencies and project sponsors regularly prepare their own capital improvement plans to guide the expenditure of funds on capital improvements within their jurisdictions. For a particular project to receive ECCRFFA funds, that project must be reflected in the ECCRFFA strategic transportation improvement plan and must also be included in the project sponsor’s capital improvement plan. Draft Final Report East Contra Costa Regional Fee Program Update May 2024 25 Appendix A: 2024 Program Assessment 100 Pringle Avenue | Suite 600 | Walnut Creek, CA 94596 | (925) 930-7100 | Fax (925) 933-7090 www.fehrandpeers.com Memorandum Subject: Assessment of the East Contra Costa Regional Transportation Impact Fee Program 1001-1655.03 Background The East Contra Costa Regional Fee & Financing Authority (ECCRFFA) oversees a regional development impact fee program that generates funds to support the construction of capital improvements to the regional transportation system in eastern Contra Costa County. In the summer of 2005, the ECCRFFA Board approved a comprehensive nexus study called the East Contra Costa Regional Fee Program Update Final Report, referred to here as the ”2005 Report”. All ECCRFFA member jurisdictions adopted an updated set of fees pursuant to that report. Since that time, the fees have been adjusted annually to reflect changes in construction costs. Beginning in 2008-2009, a fee rebate program was established in response to the economic downturn. The fee rebate has been reduced over time, but the Authority has continued to implement a 15% fee rebate since January 1, 2017. The latest update of the project list was approved in October 2020, and was documented in a report called East Contra Costa Regional Fee Program Update Final Report referred to here as the ”2020 Report”. Periodic program assessments have been conducted and documented over the years, the most recent being completed in 2017, to evaluate the progress of the program in funding and delivering projects on the project list. This memorandum is a new program assessment, building upon the most recent assessment from 2017 and incorporating current information to the extent available. Capital Projects and Delivery Status The current ECCRFFA program includes a list of 27 capital projects that are eligible for funding through fee revenues. Table 1 presents the list of capital projects, the estimated cost of each project, and its current status. For those projects that are completed or under construction, the Dale Dennis May 8, 2024 Page 2 of 8 total project cost shown in the table is the actual cost for that project. For those projects yet to be constructed, the total cost shown is based on the cost estimate presented in the 2020 Report, plus a cost escalation factor of 0.375 to bring the 2020 cost estimates up to year 2023 dollars. Assessment: • Significant progress has been made in delivering the capital projects on the list. Several major projects have been completed and others are in various stages of being designed, constructed, or closed out. • Per the information provided, ECCRFFA is still committed to delivering the program of projects identified in the 2020 Report. • The actual costs of the capital projects on the list have generally remained relatively consistent with the cost estimates presented in the 2005 Report. At the time of the 2005 Report, the total aggregate cost of the full list of capital projects was $1.69 billion. The construction cost escalation factor between 2005 and 2023 is 1.004; applying that factor to the total cost from 2005 equates to $3.39 billion in 2023 dollars. The current estimate of project costs shown in Table 1 (excluding project #27, which was not part of the 2005 Report) is $2.9 billion; it is logical that this value would be lower than the fully escalated cost, because some of the projects were completed years ago and the costs of those projects shown in Table 1 have been fixed at their actual values and have not been escalated to current dollars. Development Patterns and Fee Expectations Both the 2005 Report and the 2020 Report addressed a 21-year planning period, from 2005 to 2025 and from 2020 to 2040, respectively. These reports included projections of future population and employment growth throughout the East County area for that planning period, which were used in calculating an appropriate fee per unit of new development. Table 2 shows a comparison between these projections. As seen on this table, the 2020-2040 projected employment growth in East County is around 30 percent of what was projected in 2005, while the projected residential growth is very similar in both cases. Table 2 also presents an updated growth projection between 2023 and 2040 that results from interpolating the 2020 Report projections to the current year. Table 3 shows the fee amounts that are currently levied on new development in East County. Applying the current fee amounts to the updated growth projections, and accounting for the ongoing 15% fee discount that is being applied, results in an estimate of total fee revenue over the 2023-2040 time period of about $533 million (in current year dollars). For reference, Table 3 also shows the total fee revenues that have been collected from the inception of the program through 2023, at about $491 million. Dale Dennis May 8, 2024 Page 3 of 8 Assessment: • The 2005 Report estimated fee revenue of $406.5 million (in 2005 dollars) over the 21- year planning horizon of that study, or an average of approximately $19 million per year. The updated projections from 2023 to 2040 indicate revenues of approximately $29 million (in current dollars) annually going forward. Program Funding Status The fee revenues generated by the ECCRFFA program are one of several funding sources that are used to support regional transportation improvements. The 2005 Report included a discussion of the broader funding picture for the full ECCRFFA program; this included known and anticipated revenues from the fee program, the countywide sales tax program (at that time, Measure C and Measure J), regional fund sources such as RM2, state sources such as the STIP, and other funding programs. The conclusion of the 2005 Report was that the majority of the project funding had been identified, but there remained a shortfall of approximately $390 million (in 2005 dollars). The 2017 program assessment concluded that the program’s shortfall was approximately $552 million (in 2017 dollars). Table 4 provides an updated picture of the funding status of the projects included in the ECCRFFA program. The table includes an accounting of fee revenues already collected and those anticipated, known funding that has already been used to support or is committed to specific projects, and funds that are available for programming through the Measure J Strategic Plan Update. Taken together, the program is now anticipated to have a shortfall of approximately $601 million (in current dollars). Converting that number to 2005 dollars would result in a shortfall estimate of $300 million, indicating that the overall program shortfall has decreased in real terms compared to the original calculation of $390 million in 2005. Assessment: • Fee revenue collections have been strong during periods of relatively high economic activity, and the region has successfully attracted funding from other sources. In constant dollars, the program shortfall has declined compared with what was predicted in the 2005 Report. Conclusions This memo has presented a basic assessment of the status of the ECCRFFA program. Based on the information presented here, the program has been tracking well compared to the expectations from the 2005 and 2020 Reports. Substantial progress has been made on project delivery and the region remains committed to the list of capital projects. The region has successfully attracted funds from other sources for many of its projects. Dale Dennis May 8, 2024 Page 4 of 8 Table 1: ECCRFFA Project List Limits Cost ($ million) Actual Fee Contribution 1 SR 4 Freeway widening Loveridge Road, widen to CCTA $101.0 $2.0 Completed $157.8 Completed lanes to Hillcrest, 6 lanes CCTA $374.7 Completed CCTA $10.0 Completed 2 SR 4 Bypass Segment 1 interchanges at Laurel Rd Bypass Authority $113.7 $88.7 Completed Bypass Authority $50.1 $0.2 Completed Bypass Authority $1.0 $1.0 Completed 3 Phase 1, 2 lanes Bypass Authority $33.3 $33.3 Completed Creek Road to Balfour Bypass Authority $16.0 Completed Bypass Authority $39.9 $39.9 and 4 lanes, Laurel to Bypass Authority $43.8 $5.8 Completed 4 SR 4 Bypass Segment 3 lanes) plus Marsh Creek Bypass Authority $77.8 $77.8 Completed Bypass Authority $12.6 $12.6 Completed lanes, and Balfour Bypass Authority $81.1 $81.1 Bypass Authority $58.0 $28.0 Completed Dale Dennis May 8, 2024 Page 5 of 8 5 Bypass Authority $22.6 $22.6 Completed 6 SR 239/84 Connector extension, 2 lanes (formerly Byron Airport County $161.0 $161.0 Environmental Phase in Progress 7 SR 239 preliminary design (no County $101.0 $101.0 Phase in 8 SR 4 (Main St or Brentwood Blvd) widening Marsh Creek bridge in Brentwood and from Chestnut Street to Balfour Road in south Brentwood, Oakley, Brentwood $24.5 $24.5 Partially Completed 9 Balfour Road widening city limits, widen to 4 County $14.2 $14.2 10 Road/Deer Valley Road Safety Boulevard to Clayton; Deer Valley: Balfour Road County $29.3 $9.7 11 County $317.0 $317.0 Northern Parallel Arterials 12 $55.9 $55.9 13 Antioch $9.6 $9.6 14 California Avenue Pittsburg $6.6 $6.6 15 Willow Pass Road to Loftus and Bailey to Pittsburg, County $14.7 $14.7 Southern Parallel Arterials 16 James Donlon Blvd Extension (formerly Buchanan Bypass) (perhaps 2 lanes, depending on study Pittsburg $115.6 $78.6 Design in Progress (for James Donlon Blvd Extension) or Buchanan Road Pittsburg 17 Antioch $53.3 $53.3 Dale Dennis May 8, 2024 Page 6 of 8 18 West Leland Road Pittsburg $33.4 $33.4 or Evora Road Pass (BP) to Willow Pass County Regional Arterial Projects 19 Wilbur Avenue Antioch, County $42.7 $42.7 20 Neroly Road Oakley $10.6 $10.6 21 Deer Valley Road County $31.2 $31.2 22 Walnut Boulevard Brentwood city limits to County $29.5 $29.5 23 John Muir Parkway Balfour Road and Fairview Brentwood $17.7 $3.6 commitment 24 Byron Highway between Delta Road and County $20.0 $6.7 27 Sand Creek Road roadway between SR 4 Antioch $38.1 $11.8 Regional Transit Projects 25 Tri-Delta Transit $9.1 $3.0 $513.0 $38.0 Completed TOTAL $2,935.3 $1,543.5 Table 2: East County Growth Projections from 2005-2025 from 2020-2040 Updated Projections from 2023-2040 New Households 29,293 29,889 25,406 New Jobs 50,971 15,132 12,862 Dale Dennis May 8, 2024 Page 7 of 8 Table 3: ECCRFFA Fee Revenues ECCRFFA Fee Schedule (2024) Single-Family Residential (per DU, accounting for 15% fee rebate) $24,066 Multi-Family Residential (per DU, accounting for 15% fee rebate) $14,773 Commercial (per SF) $2.35 Office (per SF) $2.04 Industrial (per SF) $2.04 Anticipated Fee Revenues ($ million) Total Estimated ECCRFFA Revenue at Full Fees, 2023-2040 $624.7 Fee Revenues Foregone Due to 15% Discount, 2023-2040 $92.1 ECCRFFA Fees Collected, Inception – 2023 $491.0 Dale Dennis May 8, 2024 Page 8 of 8 Table 4: ECCRFFA Program Funding Considerations Program Funding Sources Total Future Fee Revenues Anticipated, 2023-2040 $532.6 Fees Already Collected, Inception through 2023 $491.0 Measure J Funds - 2022 Strategic Plan Update (James Donlon Extension - $7.3M) $7.3 Other Known Funds (see below) $1,303.6 Other Known Funds for Specific Projects ($ million) Railroad Avenue Interchange $101.0 Loveridge Road Interchange $157.8 SR 4, Somersville to SR4 Bypass $374.7 eBART Extension to Hillcrest Avenue $475.0 SR160/SR4 Connectors $49.9 SR 4 Bypass Segments 1 and 3 $25.0 Sand Creek Interchange and Widening from Laurel to Sand Creek Road $49.2 $46.0 $25.0 TOTAL $1,303.6 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:224-3312 Name: Status:Type:Discussion Item Agenda Ready File created:In control:9/23/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 Title:HEARING to consider two appeals of the County Planning Commission's approval of a land use permit to allow a child care center within an existing residential building located at 3001 Woodlawn Drive in the unincorporated Walnut Creek area, and to consider approving the project, including approving a land use permit, and related actions (Delaram Mousavi and Nima Rafibakhsh - Applicants and Appellants) (Jason Martin and Christina Greystone – Appellants). (Jennifer Cruz, Department of Conservation and Development) Attachments:1. Findings and Conditions of Approval, 2. Appeal Letters, 3. Maps, 4. Revised Plans, 5. Presentation Action ByDate Action ResultVer.Tally BOARD OF SUPERVISORS10/8/2024 2 To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:3001 Woodlawn Child Care Center Appeal (County File #CDLP23-02020) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.OPEN the public hearing on the appeals of the County Planning Commission’s decision to approve a land use permit to allow a child care center for up to 30 children located within an existing residential building at 3001 Woodlawn Drive in the unincorporated Walnut Creek area; RECEIVE testimony; and CLOSE the public hearing. 2.DENY the appeal of Delaram Mousavi and Nima Rafibakhsh. 3.DENY the appeal of Jason Martin and Christina Greystone. 4.DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301. 5.APPROVE the Land Use Permit for the project (County File #CDLP23-02020). 6.APPROVE the findings in support of the project. 7.APPROVE the project conditions of approval. 8.DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County CONTRA COSTA COUNTY Printed on 10/8/2024Page 1 of 7 powered by Legistar™ File #:24-3312,Version:2 Clerk. FISCAL IMPACT: 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 August 14, 2024 decision to approve a land use permit to allow a child care center for up to 30 children located within an existing residential building located at 3001 Woodlawn Drive in the unincorporated Walnut Creek area. The proposed project would provide nine off-street parking spaces and includes a variance request to allow a driveway aisle width of 24 feet (where 25 feet is required) for one-way travel. An application for the approval of a Land Use Permit to allow a child care center for up to 48 children located within an existing residential building was submitted to the Community Development Division (CDD) on May 31, 2023. The Land Use Permit #CDLP23-02020, was initially heard by the County Zoning Administrator (ZA) on May 20, 2024, during which the County Zoning Administrator considered public comments primarily in opposition to the project. The Zoning Administrator continued the hearing to the June 3, 2024, to consider the matter and receive additional testimony. At the June 3, 2024 continued hearing, the Zoning Administrator considered additional public comments, again primarily in opposition to the project. After receiving testimony and considering the project analysis provided by County staff, the County Zoning Administrator approved the Land Use Permit to allow a child care center for up to 48 children and added conditions of approval (COA) #11, addressing impacts to the neighborhood by requiring the operator to require parents or guardians to sign an agreement that states that parking is prohibited in the neighborhood, and COA #13, addressing any future exterior signage. Staff received one letter appealing the Zoning Administrator’s June 3, 2024 decision, from Jason Martin and Christina Greystone, on June 11, 2024. On August 14, 2024, the County Planning Commission (CPC) heard the appeal of the ZA’s decision to approve the land use permit. After receiving testimony from neighbors and the public and considering CDD staff’s project analysis, the CPC voted (3-1) to deny the appeal and approve the project with the following modifications: the approved land use permit would allow a child care center for up to 30 children; and a condition of approval (COA #35) was added to require evaluation of no left hand turn signage at egress onto Woodlawn Drive by the Public Works Department (PW) during review of improvement plan and, if feasible based on PW’s evaluation, would require implementation of signage restricting left hand turns at the egress onto Woodlawn Drive. On August 23, 2024, the applicants Delaram Mousavi and Nima Rafibakhsh submitted an appeal of the CPC’s decision. On August 26, 2024, neighbors Jason Martin and Christina Greystone also submitted an appeal. PROJECT DESCRIPTION The applicant requests approval of a land use permit to establish a child care center to allow up to 48 children within an existing residential building, including a variance for a 24-foot-wide driveway aisle (where 25 feet is required) for one-way traffic. The project will provide nine parking spaces and will also include interior and exterior renovations, and site improvements. CONTRA COSTA COUNTY Printed on 10/8/2024Page 2 of 7 powered by Legistar™ File #:24-3312,Version:2 The interior renovations include reconfiguration of the rooms and exterior renovations include demolition of the rear patio, removal of the garage door, installation of new exterior doors, and landing area. The site improvements include removing a portion of the fencing on Mayhew Way for the parking area and installing new fencing at the corner of Mayhew Way and Woodlawn Drive for the new play area, removing the existing driveway, paving a new driveway exit, and paving for parking area. The hours of operation will be from 7:00 a.m. to 6:00 p.m., Monday through Friday. There will be five employees (four teachers and one director). The ages of the children will range from infants to school age. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed project is exempt under CEQA Guidelines Section 15301 - Existing Facilities. The project will be located within an existing single-family residence that is currently being used as a large family child care home. The proposed use will be a child care center. The project would increase the maximum number of children receiving care at the property. Currently, as a licensed large family child care home, the maximum number of children receiving care is 14. Operated as a licensed child care center, the maximum number of children receiving care is determined by the State, but could not exceed any limitation included in the land use permit. The applicant has requested a land use permit that would allow up to 48 children at the facility. The CPC’s approval of the land use permit allowed up to 30 children at the facility. Whether the project results in a facility caring for a maximum of 30 or 48 children, the child care center would operate within the existing residence during operational hours similar to the existing family child care use. Sufficient parking spaces will be provided for the child care center. Additionally, the minimal changes to the building include improvements to the front entrance, removal of the garage door that would be replaced with an exterior door, interior renovations, and site improvements. The footprint of the existing structure is not expected to change. The project site is located within an urbanized area where there are no scenic vistas or scenic resources in the immediate area. The site is not identified as a farmland or within a Williamson Act contract. The site is developed with an existing residential building and the project will not result in the loss of forest land. As an otherwise developed and disturbed site, there will be no impacts to biological resources. Establishing the proposed child care center would not exceed the Bay Area Air Quality Management District (BAAQMD) “Construction and Operational Criteria Air Pollutant and Precursor Screening Levels” of 452,000 square feet of construction or 232,000 square feet of operation for a daycare center. The comments received from the Public Works Department, Contra Costa County Fire Protection District, and the Department of Conservation and Development, Transportation Section did not indicate that the project will conflict with a program, plan, ordinance or policy addressing the circulation system or substantially increase hazards due to a design feature. Based on the Institute of Transportation Engineers Trip Generation Manual, the project will generate less than 100 peak-hour trips. The project site is currently serviced by Central Contra Costa Sanitary District and the Contra Costa Water District. The Sanitary District provided comments that did not indicate the proposed project would affect their utility or service system. The Water District has not commented that the proposed project would affect utility or service systems. Since the site and area are developed, there would be no substantial change to cultural or tribal cultural resources. There will be no transport of hazards and hazardous materials to and from the site and the site is not identified as a hazardous materials site. The Public Works Department reviewed the project and did not indicate that the project would violate water quality standards, decrease groundwater supplies, or substantially alter the existing drainage pattern of the site CONTRA COSTA COUNTY Printed on 10/8/2024Page 3 of 7 powered by Legistar™ File #:24-3312,Version:2 or area. The project site is flat and there would be no impacts to the soils of the property, as the property is developed with an existing residential building and the proposed site improvements are minimal. There would be a temporary increase in noise resulting from construction activities related to the exterior renovation and site improvements. However, these activities are temporary and similar to the noise resulting from the construction of residences within neighborhoods. Furthermore, the construction activities are limited to the hours of 8:00 AM to 5:00 PM, Monday -Friday. The playground for the child care center will be located on the northern and western portion of the property, approximately 90 feet from the neighboring building to the west, 50 feet from the neighboring building to the east, and 40 feet from the neighboring building to the south. Play times will be staggered so there are no more than 12 children playing outside at a time. The project site is not located in, or adjacent to, state responsibility areas or lands classified as very high fire hazard severity zones. Overall, the project will result in the facility continuing to be utilized for child care purposes, with minimal modifications to the facility. Although the project will increase the maximum number of children cared for at the facility, whether the increase is to 30 or 48 children, the above demonstrates that the project would not result in new significant impacts and constitutes only a negligible expansion of an existing use. APPEAL OF THE COUNTY PLANNING COMMISSION’S DECISION Two separate letters of appeal to the CPC’s decision were timely submitted. On August 23, 2024, the applicants Delaram Mousavi and Nima Rafibakhsh of 3001 Woodlawn Drive submitted an appeal. On August 26, 2024, Jason Martin and Christina Greystone of 3007 Woodlawn Drive also submitted an appeal. Summaries of the appeal points in the letter and staff responses are provided below. Appeal Letter of Delaram Mousavi and Nima Rafibakhsh Appeal Point 1:There is lack of justification for capacity limitation and an overreach of the land use permitting process. There is a premature focus on final capacity. Staff Response: The County Planning Commission’s decision to approve a land use permit for a child care center of up to 30 children followed the August 14, 2024 CPC hearing on the project. At the hearing, the CPC considered public testimony in which the public indicated their concerns for a child care center of up to 48 children. The CPC also considered staff’s evaluation of the project. Based on the evidence before it, the CPC made the required findings and approved the project with modifications. The CPC has the discretion to limit the number of children in the land use permit approval. In the R-10 single-family residential zoning district, in which the proposed project is located, a child care center may be established only after a land use permit is obtained from the Contra Costa County Department of Conservation and Development. The land use permit process is intended to allow uses that are generally consistent with the purposes of the zoning district in which they are proposed, but require special consideration because of their special impacts, to ensure that the use can be designed, located and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The review considers location, design, configuration and special impacts with respect to applicable policies, standards and criteria to determine whether adverse impacts can be sufficiently minimized through specific conditions and requirements so as to permit the use on a particular site. As such, the conditions of approval for the land use permit establish a maximum capacity for a child care center to ensure that impacts to the surrounding area would be minimized. Appeal Point 2:There is an inconsistency in decision making. CONTRA COSTA COUNTY Printed on 10/8/2024Page 4 of 7 powered by Legistar™ File #:24-3312,Version:2 Staff Response: The CPC heard and considered evidence and testimony related to the current project (County File #CDLP23-02020). The CPC’s decision is based on the evidence and testimony received. Appeal Letter of Jason Martin and Christina Greystone Appeal Point 1:The project is inconsistent with the General Plan. Staff Response: The project is consistent with the County General Plan. The property has a General Plan land use designation of Single-Family Residential High-Density (SH). This land use designation allows detached single-family homes and accessory buildings and structures. Secondary uses generally considered to be compatible with high density homes may be allowed, including home occupations, small residential care and child care facilities, churches and other similar places of worship, accessory dwelling units, and other uses and structures incidental to the primary uses. Therefore, the project is consistent with the SH General Plan land use designation. The proposed child care facility is also consistent with the following General Plan Policies. §7-148. Childcare and preschool facilities shall be consistent with residential and commercial land use designations where safe vehicular access and effective buffering of neighboring residences can be achieved. §7-151. In order to increase parental choice, the location of childcare facilities shall be encouraged in residential neighborhoods, employment centers, at school sites, hospitals, religious facilities, parks and along transit routes. The proposed project will provide child care to families within the surrounding residential neighborhoods and commercial and retail areas. The property is also located within close proximity, approximately 0.57 miles, to the Pleasant Hill Bay Area Rapid Transit (BART) Station and the Contra Costa Centre, and within an area that consists of many office buildings home to large businesses, such as CSAA. The project will provide an entrance from Mayhew Way and an exit on to Woodlawn Drive, which provides safe vehicular access to and from the property. Appeal Point 2:The project is commercial and not consistent with the residential character of the neighborhood. Staff Response: The project will establish a child care center within an existing single-family residence. The project does not require any expansion of the existing building footprint. Additionally, minor cosmetic exterior façade changes will be made to the existing house. From the exterior, the appearance of the single-family residence will remain residential in nature as there is no expansion outwards or upwards. Moreover, a child care center is a land use that is allowed with the issuance of a land use permit. The neighborhood of the project is an area of the County where residential uses border commercial/retail, and multi-family uses. Directly north is a large commercial complex within the City of Pleasant Hill. Directly east is single-family housing within the City of Walnut Creek and approximately 749 feet west is a large mixed-use/commercial/retail complex within the City of Pleasant Hill. Further east approximately 1,695 feet the Highway 680 corridor. The neighborhood that the project is in is neither entirely residential nor commercial/retail, rather the neighborhood has components of both. Therefore, the project proposes a use that is residential and provides services to the local community and is compatible with the neighborhood because parcels that are accessed by Mayhew Way are in a transitional area of the County where different land uses are common occurrences. Appeal Point 3:There are traffic and safety operational concerns with the project that would require a level of service (LOS) operational analysis. There could be vehicles queuing from the Mayhew Way ingress onto the CONTRA COSTA COUNTY Printed on 10/8/2024Page 5 of 7 powered by Legistar™ File #:24-3312,Version:2 heavily traveled collector road, especially during peak drop-off and pick-up times. Additionally, vehicles existing the property onto Woodlawn Drive could face queuing issues at the stop-controlled intersection, leading drivers to disregard the proposed right-turn-only guidance and cut through the neighborhood via Oberon Drive. Staff Response: The Public Works Department has reviewed and provided their comments on the project, including the proposed use of Mayhew Way as ingress and Woodlawn Drive as egress. The comments submitted by Public Works Department did not indicate concerns regarding the access to and from the project site. Projects that generate 100 or more new peak hour trips, require a traffic study. A child care center consisting of 48 children will generate 37 AM and 38 PM peak-hour trips. Therefore, a child care center consisting of 30 children would generate less peak-hour trips. However, as an option, the Board of Supervisors may add a condition of approval such as the following: The applicant, coordinating with Public Works, shall provide a traffic circulation study of the Mayhew /Woodlawn intersection as well as the project driveways. The study shall determine if installation of additional traffic controls, signage or pavement markings will enhance safety and traffic flow. The study shall be conducted at least three months and no more than 9 months after the project commences operations. All signage and striping improvements directed by Public Works shall be installed by the applicant. This condition will be secured under a Road Improvement Agreement with the County, either separate from or included with security to be posted for other street improvements required of this project To address the concern regarding queuing onto Woodlawn Drive and the potential for turning left into the neighborhood, condition of approval (COA) #35 has been added to evaluate, require the installation of and potentially a no left-hand turn signage at the egress of the facility. Appeal Point 4:There has been no sufficient analysis of the local drainage system and how the project will mitigate any impacts to the drainage system. Staff Response: The Public Works Department reviews and implements the drainage requirements. The Public Works Department reviewed the project and did not indicate any concerns with the project and the current drainage system. Furthermore, there are four conditions of approval (Conditions of approval #30-33) related to drainage that the applicant will need to satisfy. Appeal Point 5:There is an increase to air pollution due to increase in traffic congestion. Staff Response: There would be a negligible increase to air pollution as a result of the additional cars to and from the site. However, the Bay Area Air Quality Management District (BAAQMD) identifies “Construction and Operational Criteria Air Pollutant and Precursor Screening Levels” of 452,000 square feet of construction and 232,000 square feet of operation for a daycare center. The proposed project does not involve additional square footage, except for some exterior changes to the façade of the building and entrance and the existing building for the child care center is approximately 1,919 square feet, less than the thresholds for a daycare center. Furthermore, the drop-off and pick-up times will vary, will occur for a minimal time period, and staff will be assisting children during drop-off and pick-up to facilitate vehicles coming and going. Appeal Point 6:The project will create nuisance such as generating a considerable amount of noise, and lights from cars entering and exiting the property and potential parking lot lights. Staff Response: The project site is located in an urbanized area that can generally be noisy, as the site is across the street from retail/commercial spaces, is close to Interstate 680, is in close proximity to the Pleasant CONTRA COSTA COUNTY Printed on 10/8/2024Page 6 of 7 powered by Legistar™ File #:24-3312,Version:2 Hill/Contra Costa Centre Bay Area Rapid Transit (BART) Station and abuts Mayhew Way. The playground for the child care center will be located on the northern and western portion of the property. The playground will be approximately 90 feet from the neighboring building to the west, 50 feet from the neighboring building to the east, and 40 feet from the neighboring building to the south. Play times will start later in the morning and will not occur in the late evening. The applicant also proposes to have staggered play times so there are no more than 12 children playing outside at a time. Therefore, there will not be a significant increase in noise in the neighborhood. There will be vehicles entering and exiting the property due to the drop-off and pick-up of children from the child care center that may have their headlights on. However, the drop-off and pick-up times will vary and be staggered throughout the day and the light intrusion from the vehicles will occur for a minimal period of time. Additionally, the project site has an existing six-foot fence along the eastern and southern property lines that buffers some of the lighting from the vehicles entering and existing the site. In order to help minimize noise impacts, staff has added language to condition of approval #4 limiting gatherings of more than 20 people. Per the revised condition of approval, only one gathering of more than 20 people, beyond operating hours or on weekends or holidays, is allowed per month and all such gatherings shall conclude by 9 pm. The condition also requires neighborhood notification of such gatherings at least 5 days prior to the event. The applicant is not proposing parking lot lights at this time. A condition of approval is included (COA #14) which requires proposed exterior lighting for the parking lot area to be directed downward and away from adjacent properties. The location and design of the lighting shall be submitted for the review and approval by the Department of Conservation and Development, Community Development Division. CONCLUSION AND STAFF RECOMMENDATION The proposed project is consistent with applicable goals and policies of the General Plan, and also with the intent of the Single-Family Residential High-Density (SH) and the R-10 Zoning District. The project is consistent with the established area as the parcel is located in a transitional area of the County that contains a variety of uses including commercial and retail uses, and multi-family uses. The project is permitted with approval of a land use permit as required in the R-10 Zoning District. Therefore, Staff recommends that the Board of Supervisors deny the appeals and approve County File #CDLP23-02020, based on the attached findings and subject to the attached conditions of approval. CONSEQUENCE OF NEGATIVE ACTION: If the Board were to deny the project, the property owner would not be allowed to have a child care center with up to 30 children. CONTRA COSTA COUNTY Printed on 10/8/2024Page 7 of 7 powered by Legistar™ FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #CDLP23-02020; DELARAM MOUSAVI AND NIMA RAFIBAKHSH (APPLICANTS AND OWNERS) FINDINGS A. Growth Management Performance Standards 1. Traffic: Policy 4-c under the Growth Management Program (GMP) requires a traffic impact analysis be conducted for any project that is estimated to generate 100 or more AM or PM peak-hour trips. A child care center consisting of 48 children will generate 37 AM and 38 PM peak-hour trips, which is less than the threshold for requiring a traffic study. Thus, a child care center consisting of 30 children would generate less peak-hour trips and therefore, a traffic impact analysis is not required. 2. Water: The GMP requires new development to demonstrate that adequate water quantity and quality can be provided. The child care center will be using an existing building with no expansion of the building. Therefore, the project will not substantially increase demand for water. 3. Sanitary Sewer: The GMP requires that new development demonstrate that adequate sanitary sewer quantity and quality can be provided. The project is not expected to produce an unmanageable added capacity demand on the wastewater system, nor interfere with existing public facilities. The Central Contra Costa Sanitary District will review and approve the plans prior to submittal of a building permit. 4. Fire Protection: The fire protection standards under the GMP require that a fire station be within one and one-half miles of development in urban, suburban and central business district areas, or requires that automatic fire sprinkler systems be installed to satisfy this standard. The child care will be using an existing building with no expansion of the building but will comply with the requirements of the Fire Protection District. Thus, the project will not significantly increase the demand for fire protection services. 5. Public Protection: The project will not increase the demand for police service facilities, as the project will not add to the population of the County. 6. Parks & Recreation: The project will not increase the demand for parks or recreation facilities, as the project will not increase the housing stock in the County. 7. Flood Control & Drainage: The subject property is not located within a 100-year flood area as determined by the Federal Emergency Management Agency. In Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 2 of 13 addition, the project does not involve the removal, construction, or alteration of any dams or levees within the County. Therefore, further analysis in relation to increased flood risks as a result of the project is not required. B. Land Use Permit Findings 1. The proposed project shall not be detrimental to the health, safety and general welfare of the County. Project Finding: The child care center will be located in an existing residential building at the edge of a residential neighborhood and near multiple commercial and retail businesses. A child care center within a residential neighborhood is allowed with the approval of a land use permit and is encouraged in such neighborhoods. The project site will be improved to provide a parking area consisting of nine spaces (where eight spaces are required), access to the site from Mayhew Way and exiting on Woodlawn Drive, and an enclosed play area that is located away from neighboring residences. A child care center with a maximum of 30 children will not add any significant demands on the neighborhood resources, nor be detrimental to the health, safety, and general welfare of the County. 2. The proposed project shall not adversely affect the orderly development within the County or the community. Project Finding: The child care center will use an existing single-family residence, provide parking spaces, and install site improvements. Parking will be provided at the rear of the building, accessed from Mayhew Way and exits on Woodlawn Drive. The enclosed play area is located on Woodlawn Drive and Mayhew Way, away from neighboring residences. As conditioned, the child care center for a maximum of 30 children will not affect adjacent properties that are designated residential nor conflict with other land uses within the surrounding area. 3. The proposed project shall not adversely affect the preservation of property values and the protection of the tax base within the County. Project Finding: The child care center will not be detrimental to other properties in the area. The child care is using an existing single-family residence. Currently, the existing residence is being used as a large family child care home that has a maximum capacity for 14 children, which is permitted by right. Child care centers can be found within residential neighborhoods. There are many single-family residences and multi-family properties in the neighborhood that will utilize the child care center. Therefore, a child care center with a maximum of 30 children shall Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 3 of 13 not adversely affect the preservation of property values and the protection of the tax base within the County. 4. The proposed project as conditioned shall not adversely affect the policy and goals as set by the General Plan. Project Finding: The subject property is located within the Single-Family Residential-High Density (SH) land use designation. The intent of this land use designation is to allow for detached single-family homes and accessory buildings and structures. Secondary uses generally considered to be compatible with high density homes may be allowed, including home occupations, small residential care and child care facilities, churches and other similar places of worship, accessory dwelling units, and other uses and structures incidental to the primary uses. Additionally, the project to allow 30 children is also consistent with Policies 7-148 and 7-151 of the General Plan that encourages child care facilities. Therefore, the child care center as conditioned does not adversely affect the policy and goals as set by the General Plan. 5. The proposed project shall not create a nuisance and/or enforcement problem within the neighborhood or community. Project Finding: The child care center will be using an existing single-family residence and provide the required off-street parking. Although it is within a residential area, the child care center will be operating from 7:00 am to 6:00 pm, Monday - Friday. To reduce noise impacts, outdoor play will be staggered so fewer children are outside at the same time and the play area is located on Woodlawn Drive and Mayhew Way, away from the adjacent neighbors. Therefore, the child care center will not create any nuisance or enforcement problem with the neighborhood. 6. The proposed project as conditioned shall not encourage marginal development within the neighborhood. Project Finding: The child care center is using an existing single-family residence, and no additional footprint is proposed other than interior and exterior renovations, and site improvements. A child care center is permitted with the approval of a land use permit. Therefore, the child care center as conditioned shall not encourage marginal development within the neighborhood. Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 4 of 13 7. That special conditions or unique characteristics of the subject property and its location or surroundings are established. Project Finding: The subject property is a residentially zoned property with an existing single-family residence. The child care center is using the existing residence with minor improvements to the interior and exterior of the residential building, as well as the construction of parking spaces and site improvements. A child care center will not alter the characteristics of the surrounding area, as the property is located in a transitional area of multiple-family residential zoning district and commercial and retail uses. Thus, the unique characteristics of the subject property and its location are established. C. Variance Findings 1. Any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located. Project Finding: The granting of a variance to allow a 24-foot-wide driveway aisle (where 25 feet is required for one-way traffic) will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located. Nine parking spaces will be provided (where eight parking spaces are required). There would still be sufficient circulation in the parking area, even if reduced by one foot. Thus, the variance would not constitute a grant of special privilege. 2. Because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district. Project Finding: The existing residential building will be used for the child care center and there will be no addition to the building. In fact, the rear yard patio cover will be demolished to accommodate the nine parking spaces provided. The driveway aisle width for the parking spaces is restricted by the existing location of the residence. Thus, strict application of the off-street parking regulations would deprive the subject property of the rights enjoyed by other properties in the immediate vicinity and within the identical land use district. 3. Any variance authorized shall substantially meet the intent and purpose of the Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 5 of 13 respective land use district in which the subject property is located. Project Finding: The intent and purpose of the Single-Family Residential-High Density (SH) land use district allows detached single-family homes and accessory buildings and structures. Secondary uses generally considered to be compatible with high density homes may be allowed, including home occupations, small residential care and childcare facilities, churches and other similar places of worship, accessory dwelling units, and other uses and structures incidental to the primary uses. The child care center is also an allowed use within the R-10 residential zoning district with approval of a land use permit. The off-street parking ordinance requires one parking space per every 250 square feet of gross floor area for a child care center. The gross floor is 1,919 square feet, which requires eight (8) off-street parking spaces. The project will provide nine (9) spaces. The child care center will be utilizing an existing residential building, with interior and exterior renovations, and site improvements. Therefore, the variance to the driveway aisle width meets the intent and purpose of the R-10 zoning district and the SH general plan land use designation. CONDITIONS OF APPROVAL FOR COUNTY FILE #CDLP23-02020: Project Approval 1. This Land Use Permit to allow a child care center for a maximum of 30 children within an existing residential building, as generally described in the application materials received by the Department of Conservation and Development, Community Development Division (CDD) on May 31, 2023, and the revised plans received January 3, 2024 is APPROVED. Approval is granted to allow for the following variances that meet the requirements of Section 26-2.2006 of the County Ordinance Code: 24-foot driveway aisle width (where 25 feet is required) for one-way travel. General Provisions 2. Any deviation from or expansion beyond the limits of this permit approved under this application will require the review and approval of CDD and may require the filing of a new Land Use Permit application. 3. No more than 30 children shall attend the child care center at a given time. Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 6 of 13 4. The hours of operation are from 7:00 am to 6:00 pm, Monday through Friday. Except as provided herein, the facility may not be utilized for gatherings of more than 20 people after operating hours (i.e., between 6:00 pm and 7:00 am the following morning) or on the weekends or holidays. The facility may host one such gathering per calendar month. Any such gathering must conclude before 9:00 pm. The operator shall provide written notice of the date and time for the gathering to properties within 300 feet of the facility not later than 5 days prior to the date of the gathering. Indemnification 5. The applicant shall indemnify, defend (with counsel reasonably acceptable to the County), and hold harmless the County, its boards, commissions, officers, employees, and agents (collectively “County Parties”) from any and all claims, costs, losses, actions, fees, liabilities, expenses, and damages (collectively, “Liabilities”) arising from or related to the project, the applicant’s land use permit application, the County’s discretionary approvals for the project, including but not limited to the County’s actions pursuant to the California Environmental Quality Act and planning and zoning laws, or the construction and operation of the project, regardless of whether those Liabilities accrue before or after project approval. Transportation Demand Management 6. The project shall comply with the non-residential project section of the County’s Transportation Demand Management (TDM) Ordinance. Prior to CDD stamp-approval of plans for issuance of a building permit or the start of the child care center, whichever occurs first, the applicant shall provide evidence that demonstrates compliance with the TDM for the review and approval of CDD. Parking 7. The number of off-street parking spaces required is eight (8) spaces. The project provides nine (9) spaces. 8. Landscaped area within or adjacent to a parking area must be bordered by a curb that is at least six inches high and at least six inches wide. Each curb must be constructed of the same material that is used to pave the parking area. 9. The 15’ x 18’ area adjacent to Mayhew Way and the accessible parking space shall remain landscaped. 10. The applicant shall have a staff monitor and assist children during drop-off/pick-up times. Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 7 of 13 11. The operator shall require parents or guardians of children at the facility to sign an agreement stating that parking within the neighborhood is prohibited and that children shall be dropped off at designated drop-off areas only. A draft of this agreement shall be provided for the review and approval of CDD prior to issuance of a final building permit. A copy of the signed agreement shall be kept for as long as the children are enrolled at the facility. Signage 12. Any proposed signage shall require the review and approval of CDD. 13. Exterior signage shall be limited to one (1) sign with a maximum size of five square feet. The location and design of the sign shall be submitted to CDD prior to placement of the sign on the property and shall conform to the location requirements of the Contra Costa County Sign Ordinance, Chapter 88-6. Parking Area Lighting 14. Exterior lighting for the parking area shall be directed downward and away from adjacent properties. The location and design of the lighting shall be submitted for the review and approval of CDD prior to installation of the lights. Payment of Fees 15. This application is subject to an initial application deposit of $5,500.00, 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 costs due must be paid within 60 days of the permit effective date or prior to use of the permit, whichever occurs first. The applicant may obtain current costs by contacting the project planner. If the applicant owes additional fees, a bill will be sent to the applicant shortly after permit issuance. Construction Restrictions 16. 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) Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 8 of 13 Birthday of Martin Luther King, Jr. (State and Federal) Washington’s Birthday (Federal) Lincoln’s Birthday (State) President’s Day (State) Cesar Chavez Day (State) Memorial Day (State and Federal) Juneteenth National Independence Holiday (Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the State and Federal holidays occur, please visit the following websites: Federal Holidays: Federal Holidays (opm.gov) California Holidays: http://www.ftb.ca.gov/aboutftb/holidays.shtml 17. The contractor and/or developer shall comply with the following construction, noise, dust and litter control requirements. A. 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. B. 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. C. Transportation of heavy equipment and trucks shall be limited to weekdays between the hours of 9:00 A.M. and 4:00 P.M. and prohibited on State and Federal holidays. D. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 9 of 13 PUBLIC WORKS CONDITIONS OF APPROVAL FOR PERMIT LP23-2020 Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the Ordinance Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the site plan submitted to the Department of Conservation and Development on May 31, 2023. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT AND/OR PRIOR TO INITIATION OF THE USE PROPOSED UNDER THIS PERMIT. General Requirements: 18. The applicant shall submit improvement plans prepared by a registered civil engineer to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The below conditions of approval are subject to the review and approval of the Public Works Department. Roadway Improvements (Mayhew Way and Woodlawn Drive): 19. The applicant shall construct a curb, 5-foot sidewalk, necessary longitudinal and transverse drainage and pavement widening and transitions along the frontage of Mayhew Way. The applicant shall construct the face of curb 20 feet from the road centerline. 20. The applicant shall construct a curb, 5-foot sidewalk, necessary longitudinal and transverse drainage and pavement widening and transitions along the frontage of Woodlawn Drive. The applicant shall construct face of curb 16 feet from the road centerline. 21. Any cracked and displaced curb, gutter, and sidewalk shall be removed and replaced along the project frontage of Mayhew Way and Woodlawn Drive. Concrete shall be saw-cut prior to removal. Existing lines and grade shall be maintained. New curbs and gutters shall be doweled into existing improvements. Access to Adjoining Property: Proof of Access 22. The applicant shall furnish proof to the Public Works Department of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 10 of 13 construction of off-site, temporary, or permanent, public, and private road and drainage improvements. Encroachment Permit 23. The applicant shall obtain an encroachment permit from Public Works for construction of driveways or other improvements within the right-of-way of Mayhew Way and Woodlawn Drive. Site Access 24. The applicant shall only be permitted access at the locations shown on the approved site/development plan. Ingress to the site is limited to the Mayhew Way and egress is limited to Woodlawn Drive. These restrictions shall be signed and marked accordingly, subject to the review and approval of Public Works. Road Alignment/Intersection Design/Sight Distance: 25. The applicant shall provide sight distance at the intersection of the private driveway with Woodlawn Drive in accordance with Chapter 82-18 “Sight Obstructions at Intersections” of the County Ordinance Code. The applicant shall trim vegetation, as necessary, to provide sight distance at this intersection, and any new signage, landscaping, fencing, retaining walls, or other obstructions proposed at this intersection shall be setback to ensure that the sight line is clear of any obstructions. Countywide Street Light Financing: 26. The property owner(s) shall annex to the Community Facilities District (CFD) 2010-1 formed for Countywide Street Light Financing. Annexation into a street light service area does not include the transfer of ownership and maintenance of street lighting on private roads. Bicycle - Pedestrian Facilities: Pedestrian Access 27. Curb ramps and driveways shall be designed and constructed in accordance with current County standards. A detectable warning surface (e.g., truncated domes) shall be installed on all curb ramps. Adequate right-of-way shall be dedicated at the curb returns to accommodate the returns and curb ramps; accommodate a minimum 4- foot landing on top of any curb ramp proposed. Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 11 of 13 28. The applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, driveway depressions, and curb ramps. Utilities/Undergrounding: 29. The applicant shall underground all new utility distribution facilities. Drainage Improvements: Collect and Convey 30. The applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to a natural watercourse, in accordance with Division 914 of the Ordinance Code. The applicant shall verify the adequacy at any downstream drainage facility accepting stormwater from this project prior to discharging runoff. If the downstream system(s) is inadequate to handle the existing and project condition for the required design storm event, applicant shall construct improvements to make the system adequate. The applicant shall obtain access rights to make any necessary improvements to off-site facilities. 31. The applicant shall construct drainage improvements to satisfy the collect and convey provisions of the Ordinance prior to initiation of the proposed use. Miscellaneous Drainage Requirements: 32. The applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Department design standards. 33. The applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. National Pollutant Discharge Elimination System (NPDES): 34. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II). Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 12 of 13 Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of stormwater pollutants. The project design shall incorporate, wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program for the site's stormwater drainage. - Minimize the amount of directly connected impervious surface area. - Install approved full trash capture devices on all catch basins (excluding catch basins within bioretention area) as reviewed and approved by Public Works Department. Trash capture devices shall meet the requirements of the County’s NPDES Permit. - Place advisory warnings on all catch basins and storm drains using current storm drain markers. - Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter. - Other alternatives comparable to the above as approved by the Public Works Department. 35. A no left-hand turn signage at egress from the project site onto Woodlawn Drive will be evaluated by the Public Works Department during review of project improvement plans. The evaluation will determine if installation of no left-hand turn signage will enhance safety and traffic control. All improvement directed by Public Works shall be installed by the applicant. ADVISORY NOTES ADVISORY NOTES ARE NOT CONDITIONS OF APPROVAL; THEY ARE PROVIDED TO ALERT THE APPLICANT TO ADDITIONAL ORDINANCES, STATUTES, AND LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES THAT MAY BE APPLICABLE TO THIS PROJECT. A. NOTICE OF OPPORTUNITY TO PROTEST FEES, ASSESSMENTS, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. Pursuant to California Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations or exactions required as Board of Supervisors – October 8, 2024 County File #CDLP23-02020 Page 13 of 13 part of this project approval. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and must be delivered to the Community Development Division within a 90-day period that begins on the date that this project is approved. If the 90th day falls on a day that the Community Development Division is closed, then the protest must be submitted by the end of the next business day. B. Prior to applying for a building permit, the applicant is strongly encouraged to contact the following agencies to determine if additional requirements and/or additional permits are required as part of the proposed project: • Contra Costa County Building Inspection Division • Contra Costa County Environmental Health Division • Contra Costa County Fire Protection District • Central Contra Costa Sanitary District • Contra Costa Water District C. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Central County Area of Benefit as adopted by the Board of Supervisors. Payment is required prior to issuance of a building permit. D. The applicant will be required to comply with the drainage fee requirements for Drainage Area 44B as adopted by the Board of Supervisors. This fee shall be paid prior to issuance of a building permit. E. It is unlawful to engage in business in the unincorporated area of the County without first procuring a business license from the Tax Collector following CDD approval of this application. Contra Costa County -DOIT GIS Legend 1:564 Notes0.00.01 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: SH, Single-Family Residential-High Density City Limits Unincorporated Address Points Highways Highways Bay Area Streets 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) Contra Costa County -DOIT GIS Legend 1:564 Notes0.00.01 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: R-10 City Limits Unincorporated Address Points Highways Highways Bay Area Streets Zoning R-6 (Single Family Residential) R-6 -FH (Single Family Residential - Flood Hazard Combining District) R-6, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-6 -SD-1 (Single Family Residential - Slope Density and Hillside Development Combining District) R-6 -TOV -K (Single Family Residential - Tree Obstruction of View Ordinance and Kensington Combining District) R-6, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-6 -X (Single Family Residential - Railroad Corridor Combining District) R-7 (Single Family Residential) R-7 -X (Single Family Residential - Railroad Corridor Combining District) R-10 (Single Family Residential) R-10, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-12 (Single Family Residential) R-15 (Single Family Residential) R-20 (Single Family Residential) R-20, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-40 (Single Family Residential) R-40 -FH (Single Family Residential - Flood Hazard Combining District) R-40, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-40, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-65 (Single Family Residential) R-100 (Single Family Residential) D-1 (Two Family Residential) D-1 -T (Two Family Residential - Transitional Combining District) D-1, -UE (Planned Unit - Urban Farm Animal Exclusion Combining District) M-12 (Multiple Family Residential) M-12 -FH (Multiple Family Residential - Flood Hazard Combining District) M-17 (Multiple Family Residential) M-29 (Multiple Family Residential) F-R (Forestry Recreational) F-R -FH (Forestry Recreational - Flood Hazard Combining District) F-1 (Water Recreational) F-1 -FH (Water Recreational - Flood Hazard Combining District) Contra Costa County -DOIT GIS Legend 1:564 Notes0.00.01 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 View City Limits Unincorporated Address Points Highways Highways Bay Area Streets County Boundary Bay Area Counties Assessor Parcels World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations THE PROPOSED SCOPE INCLUDES PREPARATION OF THE (E) RESIDENCE FOR USE FULL-TIME AS A PRE-SCHOOL WITH (3) NEW CLASSROOMS PROPOSED, AS WELL AS A NEW MULTI-USE RESTROOM INCLUDING ADDITIONAL TOILETS & SINKS (2 TOTAL EACH TO BE ADDED TO PROPERTY). (E) GARAGE TO BE INSULATED & INCORPORATED AS OCCUPIABLE SPACE. EXTERIOR IMPROVEMENTS INCLUDE DEVELOPMENT OF (9) NEW PARKING STALLS (INCLUDING 1 VAN ACCESSIBLE) IN THE REAR YARD TO BE ACCESSED BY A NEW (ONE-WAY IN) DRIVEWAY FROM MAYHEW WAY AS WELL AS AN EXISTING SECONDARY DRIVEWAY ON WOODLAWN DRIVE TO BE UTILIZED AS ONE-WAY EXIT ONLY. THE (E) PRIMARY DRIVEWAY ON WOODLAWN WILL BE REMOVED. IN ADDITION, NEW SLOPED WALK WILL BE PROVIDED AT THE (E) EXTERIOR ENTRY DOOR, FOR ACCESSIBILITY. MODIFICATION OF EXISTING DRAINAGE EASEMENT TO ALLOW PARKING ABOVE, HAS BEEN SUBMITTED / APPROVED SEPARATELY. SCOPE OF WORK A0.1 PROJECT INFORMATION / VICINITY MAP A0.2A-C CODE ANALYSIS & OCCUPANCY CALCULATIONS A0.3 - A0.6 EXISTING SITE PHOTOS A1.0 EXISTING SITE PLAN A1.1 DEMOLITION SITE PLAN A1.2 PROPOSED SITE PLAN A1.3 FIRE ACCESS PLAN A2.0 EXISTING FLOOR PLAN A2.1 DEMOLITION FLOOR PLAN A2.2 PROPOSED FLOOR PLAN A3.0 OVERALL EXISTING EXTERIOR ELEVATIONS A3.1 OVERALL PROPOSED EXTERIOR ELEVATIONS A3.2 ENL. EXISTING/PROPOSED WEST ELEVATION (WOODLAWN DRIVE) A3.3 ENL. EXISTING/PROPOSED SOUTH ELEVATION A3.4 ENL. EXISTING/PROPOSED EAST ELEVATION A3.5 ENL. EXISTING/PROPOSED NORTH ELEVATION (MAYHEW WAY) SHEET INDEX SUBJECT PROPERTY SUBJECT PROPERTY ADDRESS: 3001 WOODLAWN DRIVE APN: 148-112-004-4 ZONING: R-10 SITE AREA: ~12,000 SF (.275 ACRES) BUILDING/LIVING AREA: 1,459 SF GARAGE AREA: ~460 SF LOT COVERAGE: ~16% (INCL. GARAGE) FLOOD ZONE: ZONE X (AREA OF MINIMAL FLOOD HAZARD) PROJECT INFORMATION 3001 WOODLAWN DRIVE WALNUT CREEK, CA 94597 PROJECT INFORMATION / SHEET INDEX 2023.12.22 N.T.S. A0.1 N CLASSROOM 1, E-OCC. (1/20 SF), 433 SF (22 OCCUPANTS) DOOR WIDTH: 22 OCC. X .2 = 4.4" (1 AT MIN. 32" PROVIDED) CLASSROOM 2, E-OCC. (1/20 SF), 235 SF (12 OCCUP ANTS) DOOR WIDTH: 12 OCC. X .2 = 2.4" (1 AT MIN. 32" PROVIDED) CLASSROOM 3, E-OCC. (1/20 SF), 389 SF (20 OCCUPANTS) DOOR WIDTH: 22 OCC. X .2 = 4" (1 AT MIN. 32" PROVIDED) KITCHEN / BREAKROOM, E-OCC. (1/15 SF), 228 SF (16 OCCUPANT) DOOR WIDTH: 16 OCC. X .2 = 3.2" (1 AT MIN. 32" PROVIDED) DIRECTOR'S OFFICE, B-OCC. (1/150 SF), 87 SF (1 OCCUPANT) DOOR WIDTH: 1 OCC. X .2 = .2" (1 AT MIN. 32" PROVIDED) RESTROOM, B-OCC. ACCESSORY (1/150 SF), 190 SF (2 OCCUPANTS) DOOR WIDTH: 2 OCC. X .2 = .4" (1 AT MIN. 32" PROVIDED) CIRCULATION, B-OCC. ACCESSORY (1/150 SF), 118 SF (1 OCCUPANT) DOOR WIDTH: 2 OCC. X .2 = .2" (1 AT MIN. 32" PROVIDED) COMBINED OCCUPANT LOAD EGRESS WIDTH CALCULATIONS (74 OCCUPANTS): CONVERGENCE OF CLASSROOM 2/3, KITCHEN/BREAKROOM, OFFICE, & RESTROOM = 52 OCC. (CLASSROOM 1 EXCLUDED DUE TO DIRECT EXIT) DOOR WIDTH: 52 OCC. X .2 = 10.4" (2 AT MIN. 32" REQUIRED / PROVIDED) FRONT DOOR SWING TO BE MODIFIED TO SWING OUT (>49 OCC.) STAIR/RAMP WIDTH: 52 OCC. X .3 = 15.6" (MIN. 48" REQUIRED / PROVIDED) EGRESS CALCULATIONS CLASSROOM 1, E-OCC. (1/50 SF), 433 SF (9 OCCUPANTS) CLASSROOM 2, E-OCC. (1/50 SF), 235 SF (5 OCCUP ANTS) CLASSROOM 3, E-OCC. (1/50 SF), 389 SF (8 OCCUPANTS) DIRECTOR'S OFFICE, B-OCC. (1/150 SF), 87 SF (1 OCCUPANT) * RESTROOM & KITCHEN/BREAKROOM EXCLUDED AS THEY ARE REDUNDANT TO THE USES ABOVE WITH RESPECT TO PLUMBING FIXTURE LOADS COMBINED PLUMBING FIXTURE LOAD, TOTAL 23 OCCUPANTS (12 MALE / 12 FEMALE): PER CPC TABLE 422.1, 1 TOILET + 1 URINAL + 1 SINK (EACH GENDER) REQUIRED 1 ADULT TOILET + SINK AND 3 CHILDREN'S TOILETS + SINKS PROPOSED (BASED ON STATE CHILDCARE GUIDELINES) PLUMBING FIXTURE CALCULATIONS 3001 WOODLAWN DRIVE WALNUT CREEK, CA 94597 CODE ANALYSIS: OCCUPANCY CALCULATIONS 2023.12.22 N.T.S. A0.2A 3001 WOODLAWN DRIVE WALNUT CREEK, CA 94597 CODE ANALYSIS 2023.12.22 N.T.S. A0.2B 3001 WOODLAWN DRIVE WALNUT CREEK, CA 94597 CODE ANALYSIS 2023.12.22 N.T.S. A0.2C (E) RESIDENCE AT 3007 WOODLAWN DRIVE GA S & E L E C M E T E R S EXISTING DRAINAGE EASEMENT 100'-0" 10 0 ' - 0 " P R O P E R T Y 11 ' - 0 " 8'-6" (E) DRIVE WAY 18'-0" (E) DRIVEWAY 10 ' - 0 " 120'-0" PROPERTY R20 ' - 0 " 80 ' - 0 " WOODLAWN DRIVE MA Y H E W W A Y MAYHEW COURT (PRIVATE DRIVE) 37'-9" FRONT (NON PRINCIPAL) SETBACK (MIN. 15') 20 ' - 0 " ( E ) F R O N T SE T B A C K (2 0 ' M I N . R E Q . ) 10 ' - 5 " ± (M I N . 3 ' ) (E) STO. SHED 10'-6" SIDE SETBACK (MIN. 10') 42 ' - 6 " R E A R S E T B A C K (1 5 ' M I N . R E Q . ) (E) LAWN (E) PATIO (E) IMPERVIOUS ONSITE AREA ~2,757 SF ± @ GRADE ~2,359 SF ± @ ROOF ~5,116 SF TOTAL (E) TREE #2 (E) TREE SUMMARY: #1(R) - 19" DIA. BLACK WALNUT #2(R) - 8" DIA. CHINESE PISTACHE #3 - 10" DIA. CHINESE PISTACHE #4 - 15" AUSTRALIAN WILLOW #5(R) - 25" DIA. DEADOR CEDAR #6 - 21" DIA. FRUITLESS MULLBERRY #7 - 24" FRUITLESS MULLBERRY *(R) INDICATES TREE PROPOSED FOR REMOVAL PER PROPOSED PLANS TREE #4 TREE #6 TREE #7 TREE #5 TREE #1 TREE #3 3001 WOODLAWN DRIVE WALNUT CREEK, CA 94597 EXISTING SITE PLAN 2023.12.22 SCALE: 1/16" = 1'-0" A1.0 N (E) GATE / SECONDARY DRIVEWAY (E) PATIO ROOF & SUPPORTING POSTS(E) EXTERIOR DOOR LANDINGS (STEPS) (E) PATIO SEAT WALL (E) INTERIOR FENCE (E) DRAINAGE EASEMENT TO REMAIN (SEE SEPARATE PERMIT FOR PROPOSED MODIFICATION FOR PARKING) (E) GATE / FENCE (E) TREES TYP. (E) DRIVEWAY(S), WALKWAYS & FENCES (E) 6' HT FENCE (E) GATE / FENCES (E) 6' HT FENCE EXISTING DRAINAGE EASEMENT 100'-0" 10 0 ' - 0 " P R O P E R T Y 11 ' - 0 " 8'-6" (E) DRIVE WAY 18'-0" (E) DRIVEWAY 10 ' - 0 " 120'-0" PROPERTY R20 ' - 0 " 80 ' - 0 " (E) RESIDENCE AT 3007 WOODLAWN DRIVE WOODLAWN DRIVE MA Y H E W W A Y MAYHEW COURT (PRIVATE DRIVE) 38'-2" FRONT (NON PRINCIPAL) SETBACK (MIN. 15') 20 ' - 0 " ( E ) F R O N T SE T B A C K (2 0 ' M I N . R E Q . ) 10 ' - 5 " ± (M I N . 3 ' ) (E) STO. SHED 10'-6" SIDE SETBACK (MIN. 10') 42 ' - 6 " R E A R S E T B A C K (1 5 ' M I N . R E Q . ) (E) LAWN (E) PATIO GA S & E L E C M E T E R S 3001 WOODLAWN DRIVE WALNUT CREEK, CA 94597 DEMO SITE PLAN 2023.12.22 SCALE: 1/16" = 1'-0" A1.1 N (E) 18' WIDE DRIVEWAY / CURB CUT TO BE REMOVED, SEE PROPOSED PLAN (E) EXTERIOR DOOR LANDING TO BE MODIFIED FOR ACCESSIBILITY (E) TREES TO REMAIN (TYP. OF 4) (E) DRIVEWAY(S), WALKWAYS & FENCES TO BE MODIFIED, SEE PROPOSED PLAN (E) PATIO SEAT WALL & STRUCTURES TO BE REMOVED (E) INTERIOR FENCE TO BE REMOVED, SEE PROPOSED PLAN (E) DRAINAGE EASEMENT TO REMAIN (SEE SEPARATE PERMIT FOR PROPOSED MODIFICATION FOR PARKING) (E) TREES TO BE REMOVED (TYP. OF 3) (E) GATE TO BE REMOVED AT SECONDARY DRIVEWAY (E) PORCH ROOF, POSTS & EXTERIOR LANDING TO BE REMOVED (E) GATE / FENCES TO BE REMOVED, TYPICAL AT WOODLAWN & MAYHEW (E) CURB & GUTTER TO BE REPLACED, SEE PROPOSED PLAN (E) 6' HT FENCE TO REMAIN (E) 6' HT FENCE TO REMAIN (E) 6' HT FENCE IN CONFLICT WITH SIGHT TRIANGLE TO BE REMOVED (E) 6' HT FENCE IN CONFLICT WITH SIGHT TRIANGLE TO BE REMOVED WOODLAWN DRIVE MA Y H E W W A Y VAN 100'-0" 18 ' - 0 " T Y P . 9'-0" ADA 8'-0" 24 ' - 0 " A I S L E 10 0 ' - 0 " P R O P E R T Y 11 ' - 6 " ± ( E ) 120'-0" PROPERTY R20 ' - 0 " 80 ' - 0 " (E) RESIDENCE AT 3007 WOODLAWN DRIVE MAYHEW COURT (PRIVATE DRIVE) 10'-0" SIDE SETBACK 15'-0" FRONT (SECONDARY) SETBACK 20 ' - 0 " F R O N T SE T B A C K 15 ' - 0 " R E A R SE T B A C K 25 ' - 0 " A I S L E PLAY YARD (3,276 SF) 9'-0" TYP. 25 ' - 0 " 25'-0" 10 ' - 0 " (E ) E S M T 30'-0" ℄OF R.O.W. 25 ' - 0 " CE N T E R L I N E O F R . O . W . 20'-0"4'-6" 3' - 6 " 5' - 6 " 16 ' - 0 " 5'-6" R1 1 ' - 6 " R19 ' - 2 " 8' - 1 0 " W. B . 15 ' - 6 " A U T O 84 ' - 6 " 18 ' - 0 " T Y P . 12 ' - 0 " (N ) D R V W Y EN T R Y O N L Y 15'-0" 13 0 ' - 0 " VE H . S T O P P I N G SI G H T T R I A N G L E 18 0 ' - 0 " VE H . S T O P P I N G SI G H T T R I A N G L E CL 12'-0" (N) DRIVEWAY EXIT ONLY SHADED AREA (528 SF)(N) IMPERVIOUS ONSITE AREA ~5,622 SF ± @ GRADE ~2,230 SF ± @ ROOF ~7,852 SF TOTAL ~2,736 SF NET NEW (5,116 SF EXISTING) 18 ' - 0 " S T A L L 3001 WOODLAWN DRIVE WALNUT CREEK, CA 94597 PROPOSED SITE PLAN 2023.12.22 SCALE: 1/16" = 1'-0" A1.2 N (N) PAVING / GRADING AS NEEDED AT SECONARY DRIVEWAY (E) DRAINAGE EASEMENT TO REMAIN (SEE SEPARATE PERMIT FOR PROPOSED MODIFICATION FOR PARKING) (N) PARKING STALLS (9 TOTAL) & ACCESS (N) SLOPED PEDESTRIAN WALK FOR ACCESSIBLE ENTRY (N) FENCE & GATES, TYP. (N) SHORT-TERM BIKE RACKS (2 SPACES) (N) LONG-TERM BIKE PARKING IN DIRECTOR'S OFFICE (2 SPACES) VEHICULAR STOPPING SIGHT TRIANGLE, 30 MPH SPEED LIMIT, 40 MPH DESIGN PROPOSED 6' HT FENCE, SETBACK AS REQUIRED FOR SIGHT TRIANGLES (AS SHOWN) PROPOSED SIDEWALK & CURB (E) CURB & DITCH TO BE REMOVED & REPLACED WITH WIDENED ROAD SECTION PER 'COMPLETE STREETS' REQ. PEDESTRIAN SIGHT TRIANGLE AT INTERSECTION (NO STRUCTURS OR VEGETATION > 2.5' ABOVE T.O. CURB) (E) 6' HT FENCE TO REMAIN (E) 6' HT FENCE TO REMAIN (E) 6' HT FENCE IN CONFLICT WITH SIGHT TRIANGLE (ONLY) TO BE REMOVED (E) TREES TO BE REMOVED (TYP. OF 3), FOR REFERENCE WOODLAWN DRIVE MA Y H E W W A Y 10 0 ' - 0 " P R O P E R T Y 120'-0" PROPERTY (E) RESIDENCE AT 3007 WOODLAWN DRIVE MAYHEW COURT (PRIVATE DRIVE) PLAY YARD (E) MULTI-FAMILY RESIDENCES AT MAYHEW WAY / MAYHEW COURT PROPOSED FIRE TRUCK STAGING LOCATIONS (20'X30' TYP.) 28 ' - 9 " 75'-4" 11 8 ' - 4 " ( < 1 5 0 ' - 0 " T O T A L TO S T A G I N G ) 46'-5" 28 ' - 9 " 43 ' - 0 " (E) FIRE HYDRANT (E) FIRE HYDRANT 91 ' - 1 1 " ± DI S T A N C E T O H Y D R A N T 108'-9" ± DISTANCE TO HYDRANT VAN 3001 WOODLAWN DRIVE WALNUT CREEK, CA 94597 FIRE ACCESS PLAN 2023.12.22 SCALE: 1" = 30'-0" A1.3 N (E) LIVING ROOM (E) GARAGE (E) BEDROOM (E) BEDROOM (E) BEDROOM (E) BEDROOM (E) BATHROOM (E) BATHROOM (E) KITCHEN LINE OF (E) ROOF ABOVE (TO REMAIN) LINE OF (E) PORCH ROOF ABOVE (E) HALL (E) CLO. (E) CLO. (E) CLO. (E ) C L O . (E) CLO. (E) CLO. (E ) C L O . (E ) H A L L W.H. & F.A.U. (E) EXTERIOR (PATIO) DOOR LANDING TO BE REMOVED (GLAZING TO REMAIN) (E) GARAGE DOOR TO BE REMOVED (E) WALLS, DOORS & PLUMBING FIXTURES TO BE DEMOLISHED AS NEEDED FOR PROPOSED WORK (E) DOOR TO BE REMOVED / INFILLED AS NEEDED (E) FRONT DOOR TO BE REMOVED & REPLACED IN-KIND (REVERSE DOOR SWING & SHIFT TO PROVIDE ADA CLEARANCES) (E) LIVING ROOM (E) GARAGE (E) BEDROOM (E) BEDROOM (E) BEDROOM (E) BEDROOM (E) BATHROOM (E) BATHROOM (E) KITCHEN LINE OF (E) ROOF ABOVE (TO REMAIN) (E) PORCH ROOF & POSTS TO BE REMOVED (E) CLO. (E) CLO. (E) CLO. (E ) C L O . (E ) C L O . (E ) H A L L (E) HALL (E) CLO. (E) CLO. W.H. & F.A.U. (N) COMBINED BATHROOM FOR CHILDREN (3 TOILETS + 3 SINKS) & ADULTS (1 TOILET + SINK EA.) (N) WALLS, INCLUDING POTENTIAL PART-HT PLUMBING WALLS (N) FLUSH LANDING & SLOPED WALK AT (E) DOOR (MAX. 5% OR PROVIDE HANDRAILS) (N) CLASSROOM 2 (N) CLASSROOM 1 (N) CLASSROOM 3 (N) BATHROOM (N) DIRECTOR'S ROOM (N) EXTERIOR WALL FRAMING & STUCCO / HORIZONTAL WOOD SIDING TO MATCH EXISTING AT EITHER SIDE OF (N) SMALLER GLAZED OPENING, TYP. BOTH SIDES (E) WALLS & ROOF OF GARAGE TO BE INSULATED (N) FIXED GLAZING, TO MATCH EXISTING (N) FRONT DOOR TO MATCH EXISTING (REVERSE DOOR SWING & SHIFT TO PROVIDE ADA CLEARANCES) (E) KITCHEN (E ) C L O . (E ) H A L L (E) HALL (E) CLO. W.H. & F.A.U. LINE OF (E) ROOF ABOVE (TO REMAIN) (N) EXTERIOR DOOR, TO MATCH EXISTING (E) PORCH ROOF & POSTS TO BE REMOVED (E) GATE TO BE REMOVED AT SECONDARY DRIVEWAY (E) PORCH ROOF & POSTS TO BE REMOVED (E) EXTERIOR (PATIO) DOOR LANDING TO BE REMOVED (E) EXTERIOR (PATIO) LANDING TO BE REMOVED (GLAZING TO REMAIN) (E) EXTERIOR (PATIO) DOOR LANDING TO BE REMOVED (GLAZING TO REMAIN) (E) PORCH ROOF & POSTS TO BE REMOVED (E) FENCE TO BE REMOVED (E) FENCE TO BE REMOVED (E) FENCE/GATE TO BE REMOVED (E) GARAGE DOOR TO BE REMOVED (E) GATE TO BE REMOVED AT SECONDARY DRIVEWAY (E) FENCE/GATE TO BE REMOVED (E) EXTERIOR DOOR TO BE REMOVED (E) SECONDARY DRIVEWAY (N) FENCE/GATE AT ENCLOSED PLAY YARD (N) FENCE/GATE AT ENCLOSED PLAY YARD (E) SECONDARY DRIVEWAY (N) FRONT DOOR, FLUSH EXTERIOR LANDING & SLOPED WALK FOR ACCESSIBILITY (N) SURFACE PARKING IN REAR YARD (N) FLUSH EXTERIOR LANDING & SLOPED WALK AT ENTRY (N) FENCE AT ENCLOSED PLAY YARD (N) FENCE AT ENCLOSED PLAY YARD (N) SURFACE PARKING IN REAR YARD (N) EXTERIOR DOOR, TO MATCH EXISTING (N) FIXED GLAZING, TO MATCH EXISTING (E) BRICK CLADDING AT BASE TO REMAIN, TYP. (E) PAINTED STUCCO TO REMAIN, TYP. (E) PAINTED WOOD SIDING & WINDOWS/TRIM TO REMAIN, TYP. (E) GARAGE DOOR TO BE REMOVED (N) FRONT DOOR, FLUSH EXTERIOR LANDING & SLOPED WALK AT (E) DOOR (MAX. 5% OR PROVIDE HANDRAILS) (E) ASPHALT SHINGLE ROOF TO REMAIN, TYP.(E) CHIMNEY TO REMAIN, TYP. (N) FIXED GLAZING TO MATCH EXISTING PATCH / INFILL EXTERIOR WALL FRAMING & STUCCO / HORIZONTAL WOOD SIDING TO MATCH EXISTING, TYP. BOTH SIDES (N) EXTERIOR DOOR TO MATCH EXISTING (E) WINDOWS/TRIM TO REMAIN, TYP. (E) PAINTED STUCCO TO REMAIN, TYP. (E) EXTERIOR DOOR TO BE REMOVED (E) ASPHALT SHINGLE ROOF TO REMAIN, TYP. (E) CHIMNEY TO REMAIN, TYP. (E) EXTERIOR (PATIO) LANDING TO BE REMOVED (GLAZING TO REMAIN) (N) DOWNSPOUT / GUTTER AT CUT-BACK PORTION OF ROOF (E) PORCH ROOF & POSTS (ONLY) TO BE REMOVED (E) WINDOWS/TRIM TO REMAIN, TYP. (E) CHIMNEY TO REMAIN, TYP. (E) PAINTED STUCCO TO REMAIN, TYP. (E) LANDING TO BE MODIFIED FOR ACCESSIBILITY (E) ASPHALT SHINGLE ROOF TO REMAIN, TYP. (E) PORCH ROOF & POSTS (ONLY) TO BE REMOVED (N) DOWNSPOUT / GUTTER AT CUT-BACK PORTION OF ROOF (E) WINDOWS/TRIM TO REMAIN, TYP. (E) PAINTED WOOD SIDING & WINDOWS/TRIM TO REMAIN, TYP. (N) FLUSH EXTERIOR LANDING & SLOPED WALK AT (E) DOOR (MAX. 5% OR PROVIDE HANDRAILS) (E) CHIMNEY TO REMAIN, TYP. (E) BRICK CLADDING AT BASE TO REMAIN, TYP. (E) PAINTED STUCCO TO REMAIN, TYP. (E) ASPHALT SHINGLE ROOF TO REMAIN, TYP. (E) LANDING & PORCH ROOF / POSTS TO BE REMOVED APPEAL ON CHILD CARE CENTER LAND USE PERMIT COUNTY FILE #CDLP23-02020 3001 WOODLAWN DRIVE, WALNUT CREEK Background An application for the approval of a Land Use Permit to allow a child care center for approximately 48 children located within an existing residential building was submitted to CDD on May 31, 2023. On June 3, 2024, the Zoning Administrator approved the Land Use Permit for 48 children and added conditions of approval (COA) #11 addressing impacts to the neighborhood that requires parents or guardians to sign an agreement that states that parking is prohibited in the neighborhood and COA #13 addressing any future exterior signage. Staff received one letter appealing the Zoning Administrator’s June 3, 2024, decision from Jason Martin and Christina Greystone on June 11, 2024. On August 14, 2024, the County Planning Commission voted (3-1) to deny the appeal and approve the project with the following modifications: land use permit for a child care center not to exceed 30 children, add a condition of approval (COA #35) to require evaluation of no left-hand turn signage at egress onto Woodlawn by the Public Works Department during review of improvement plan and imposition of requirement, if feasible. On August 23, 2024, an appeal was received submitted by the applicants Delaram Mousavi and Nima Rafibakhsh. On August 26, 2024, an appeal was also filed by Jason Martin and Christina Greystone. 2 3 4 5 6 Proposed Child care Center Delaram Mousavi and Nima Rafibakhsh Appeal There is lack of justification for capacity limitation and an overreach of the land use permitting process. There is a premature focus on final capacity. There is an inconsistency in decision making. 7 Jason Martin and Christina Greystone Appeal The project is inconsistent with the General Plan. The project is commercial and not consistent with the residential character of the neighborhood. There are traffic and safety operational concerns with the project that would require a level of service (LOS) operational analysis. There could be vehicles queuing from the Mayhew Way ingress onto the heavily traveled collector road, especially during peak drop-off and pick-up times. Additionally, vehicles existing the property onto Woodlawn Drive could face queuing issues at the stop-controlled intersection, leading drivers to disregard the proposed right-turn-only guidance and cut through the neighborhood via Oberon Drive. There has been no sufficient analysis of the local drainage system and how the project will mitigate any impacts to the drainage system. There is an increase to air pollution due to increase in traffic congestion. The project will create nuisance such as generating a considerable amount of noise, and lights from car entering and exiting the property and potential parking lot lights. 8 Staff Recommendations Deny the appeals of Delaram Mousavi and Nima Rafibakhsh and Jason Martin and Christina Greystone. Approve Land Use Permit County File #CDLP23-02020, based on the attached findings and subject to the attached conditions of approval. 9 Questions? 10 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3301 Name: Status:Type:Discussion Item Agenda Ready File created:In control:9/23/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 Title:CONSIDER report of the Interdepartmental Climate Action Task Force, as recommended by the Directors of the Departments of Conservation and Development and Public Works. (Warren Lai, Public Works Director and John Kopchik, Conservation and Development Director) Attachments:1. Climate Action Task Force Report to Bd of Supervisors, 2. Contra Costa County Low-Waste Office Events Checklist - Final Action ByDate Action ResultVer.Tally accepted the reportBOARD OF SUPERVISORS10/8/2024 1 Pass 5:0 To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Report of the Interdepartmental Climate Action Task Force, as recommended by the Directors of the Departments of Conservation and Development and Public Works ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RECEIVE report of the Interdepartmental Climate Action Task Force, as recommended by the Directors of the Departments of Conservation and Development and Public Works. FISCAL IMPACT: No direct fiscal impact because this is an informational report. Implementation of items in the report would result in both expenditures related to those activities and associated savings. For example, a department that installs LED lighting would incur a cost associated with installing the new lights and, because the lights use less energy, savings would accrue over time. BACKGROUND: The Board of Supervisors adopted a Climate Emergency Resolution (Resolution) on September 22, 2020. Among other things, the Resolution established an Interdepartmental Climate Action Task Force (Task Force) consisting of all department heads, or their senior deputies, to coordinate their efforts focusing on the urgent implementation of the County’s Climate Action Plan. The Task Force was directed to report back to the Board of Supervisors (Board) twice a year as a discussion item on the Board agenda. In late 2020, the Department of Conservation and Development (DCD) in partnership with the Department of Public Works (Public Works) convened the Task Force. The Task Force has reported to the Board of Supervisors every six months, starting in March 2021, with the exception of September 2023. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:24-3301,Version:1 In late 2021, the Task Force agreed to support the Green Government Group (G3) Champions, employee volunteers who help their departments adopt best practices that support the County’s climate action goals. The G3 Champions program launched in April 2022. Both the Task Force and the G3 Champions are supported by a steering committee of staff from the departments of Conservation and Development, Public Works, County Administrator, Health, Human Resources, and Library. This steering committee meets regularly to review progress and develop and deliver program content. Interdepartmental Climate Action Task Force The Task Force meets every six months. At its August 14, 2024, meeting, the Task Force: ·Received a presentation from Fire Protection District Chief Lewis Broschard and Assistant Chief Chris Bachman on fire trends in Contra Costa County, how the District is using data to inform its approach to risk reduction, and capabilities of the District’s new electric pickup truck. ·Was briefed by Kristine Solseng, Principal Planner in DCD, on an initiative to build better relationships between County staff and community-based organizations, with the goal of better serving community needs and identifying areas of collaboration in advance of grant opportunities. ·Received an update from Brendan Havenar-Daughton, Energy Manager in Public Works, on the Sustainability Fund, which is supported through Measure X. o To date, 76 level 2 chargers have been installed at County facilities through the Sustainability Fund, bringing the total to 121, with an additional 117 in permitting or construction. o The County has been awarded a $15 million grant through the U.S. Department of Transportation’s Community Charging and Fueling Infrastructure Program, which will support the installation of 52 direct current fast chargers and 60 level 2 chargers at libraries across the county. o The next Sustainability Fund initiative will focus on installing energy efficient outdoor lighting at County facilities. o Public Works is launching a Strategic Energy Management Program that will integrate goals from different County policy documents such as the General Plan, Climate Action and Adaptation Plan, and Facilities Master Plan to meet goals around infrastructure, finance, and staff. ·Received a presentation from Lindsay Neuner, G3 Champion in the Department of Agriculture, on sustainability activities in the Department of Agriculture, including: o An annual agriculture plastic container recycling event - over 18,000 pounds were collected in November 2023! o Presentations at staff meetings on zero-waste holiday giving, stormwater protection, and environmental justice. ·Learned about a new checklist developed by the G3 Champions for hosting low-waste office events (see attachment). G3 Champions The G3 Champions meet every other month. Below is an overview of meetings since the last report to the Board of Supervisors in March 2024. At the April 10, 2024, meeting, the G3 Champions: ·Learned about Bike to Work Day and ways the G3 Champions could promote the event. ·Received a presentation on the Cleaner Contra Costa Challenge <https://www.cleanercontracosta.org/> and CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:24-3301,Version:1 were encouraged to create teams within their departments. ·Brainstormed activities they could host for Earth Day later in April. In May, the G3 Champions held a lunchtime mixer on the balcony at the Administration Building, an opportunity to meet one another in person - almost all the meetings are held online - and discuss ideas and initiatives for the G3 Champions. The June 12, 2024, meeting of the G3 Champions featured a presentation from the Purchasing Division in Public Works on the County’s new Environmentally Preferable Purchasing Policy. The G3 Champions provided input on promotion and training for staff regarding the policy. G3 Champions also provided updates on recent activities they led in their departments. The August 14, 2024, meeting of the G3 Champions was an informal office hours session where G3 Champions could drop in virtually with questions and ideas. Nomination to California State Association of Counties Challenge Award In September, staff submitted the Interdepartmental Climate Action Task Force and G3 Champions to the California State Association of Counties (CSAC) Challenge Awards program in the Agriculture, Environment & Natural Resources category. Remote Work Survey In August, the County Administrator’s Office completed a survey of all County departments related to employee participation in the County’s remote work policy. Based on the results, it is estimated that the total number of weekly commutes avoided because of employees working remotely is almost 4,000, which equates to almost 8,000 trips saved per week. EV Charging at Department of Child Support Services An example of the effectiveness of the G3 Champions program in influencing employee participation in reaching climate goals is the new portable electric vehicle (EV) charger at the County’s offices at 50 Douglas Drive in Martinez. As detailed in a recent video <https://youtu.be/wnhKc-Q17SM?si=O7zRnvlgvKhEPPGf> from the Office of Communications and Media, Department of Child Support Services employee Christopher Velazquez identified a need for EV charging at the site because so many employees there drive EVs. With the support of his managers, Velazquez used his own time and initiative to find his way to the County’s Energy Manager in Public Works, Brendan Havenar-Daughton. The two worked together to find a short-term solution to EV charging until permanent chargers can be installed. The portable charger is also available to the public, even when County offices are closed. This is a great example of the County creating the right conditions and support for innovation that progresses towards the County’s climate goals. CONSEQUENCE OF NEGATIVE ACTION: Failure to receive the report would deny the Board the opportunity to support and celebrate the work of County staff in meeting the County’s climate action goals and provide feedback on future efforts. CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ Interdepartmental Climate Action Task Force Report Presentation to the Board of Supervisors October 8, 2024 John Kopchik, Director, Department of Conservation and Development Warren Lai, Director, Department of Public Works Jody London, Sustainability Coordinator History •Interdepartmental Climate Action Task Force was directed by the Board in September 2020 Climate Emergency Resolution. •Focuses on actions County departments can take to urgently implement the County’s Climate Action Plan. •Consists of department heads or designees. •Recommended creation of Sustainability Fund to support projects in County facilities. •Supports the G3 Champions (Green Government Group) volunteers across County departments who come together every other month to learn and develop strategies to help departments operate more sustainably. October 8, 2024 Interdepartmental Climate Action Task Force –August 14, 2024 October 8, 2024 Contra Costa County Fire Protection District Initiative to build better relationships between County staff and community-based organizations, with the goal of better serving community needs and identifying areas of collaboration in advance of grant opportunities Sustainability Fund Sustainability Activities in the Department of Agriculture from a G3 Champion Low-waste Office Events Checklist Contra Costa Fire Protection District •Presentation on fire trends in Contra Costa County, how the District is using data to inform its approach to risk reduction, and capabilities of the District’s new electric pickup truck. October 8, 2024 Sustainability Activities in the Department of Agriculture •Presented by Lindsay Neuner, G3 Champion in the Department of Agriculture. •Annual agriculture plastic container recycling event. •Presentations at staff meetings on zero-waste holiday giving, stormwater protection, and environmental justice. October 8, 2024 Sustainability Fund $2.5 million/year from Measure X to support investments in County facilities that support climate action goals EV Chargers •76 Level 2 chargers installed, with another 117 in permitting or construction. $15 million grant from the U.S. Department of Transportation Community Charging and Fueling Infrastructure Program. •“EV 4 All” program will install EV chargers at 15 County Library sites. •52 direct current fast chargers (~1 hour to full charge) and 60 level 2 chargers (overnight full charge). •Five percent (5%) of the award for outreach and education activities to expand EV awareness and adoption in the county. The next Sustainability Fund initiative will focus on energy efficient outdoor lighting at County facilities. October 8, 2024 G3 Champions April •Bike to Work Day •Cleaner Contra Costa Challenge •Earth Day May •In-person Mixer June •Environmentally Preferable Purchasing Policy August •Office Hours October 8, 2024 Environmentally Preferable Purchasing Policy •June 12, 2024, G3 Champions meeting •Purchasing Division in Public Works presented on the County’s new Environmentally Preferable Purchasing Policy. •The G3 Champions provided input on promotion and training for staff regarding the policy. October 8, 2024 G3 Champions: Low-Waste Office Events October 8, 2024 Reducing Key Sources of Emissions from County Operations •In August, the County Administrator’s Office completed a survey of all County departments related to employee participation in the County’s remote work policy. •Based on the results, it is estimated that the total number of weekly commutes avoided because of employees working remotely is almost 4,000, which equates to almost 8,000 trips saved per week. October 8, 2024 Collaboration and Innovation New Portable Electric Vehicle (EV) Charger at 50 Douglas Dr. •Department of Child Support Services employee Christopher Velazquez identified a need for EV charging at the site. •With the support of his managers, Velazquez used his own time and initiative to work with the County’s Energy Manager to find a short-term solution to EV charging until permanent chargers can be installed. •Detailed in a recent video from the Office of Communications and Media. •The portable charger is available to the public 24/7. •This is a great example of the County creating the right conditions and support for innovation that progresses towards the County’s climate goals. October 8, 2024 Thank you! If you’re looking to spruce up your event space with decorations, have staff bring in reusable decor from home or invest in decor that can be used for years to come. When creating the event agenda, add some time to tell attendees about the event’s low- waste accomplishments and how to sort their waste! Promote the event without paper flyers - Send an email or calendar invite to your colleagues or post event information on a shared digital platform. If you do need to print promotional flyers or handouts: Print materials on reused paper (e.g., print-outs with non-confidential information and one clean side) or 50-100% post-consumer recycled-content paper. Print double-sided or multiple flyers on a page. Bonus: Paper is Green Seal Certified or FSC Certified “Recycled” or “Mix”. Recycle the flyers after the event. For reoccurring events, design key media to be reusable with no date-specific content. Laminate or post the flyer in a sheet protector to keep it looking nice! Low-Waste Office Events Checklist Planning a holiday, retirement, or team celebration in your office? Save money and resources by incorporating low-waste principles into your event. Use this checklist to identify opportunities for savings during event planning, promotion, purchasing, and on the big day! Hold your meeting virtually or on a day when staff are already in the office to avoid extra commute trips. If the event will be in-person, host it at your office or encourage carpooling to a centralized office. Request RSVPs to provide an accurate amount of food. At least one main dish is a vegetarian option. Catering is provided by a certified Green Business. At least 30% of the total cost of food/beverages are produced locally within 200 miles, fair-trade certified, and/or organic. Make plans before the event to donate leftover food. Planning Set the Stage to Avoid Waste Promotion Get Creative to Get the Word Out Purchasing and Preparing Food Provide Refreshments that are Delicious, Healthy, and Locally-Sourced Happy Halloween! Serve food buffet-style, rather than individually wrapped, and purchase or prepare food that doesn’t require utensils. Serve condiments in bulk rather than single-serving packages. If you do need to purchase some single-use items: Ensure single-use items can be recycled or composted. No Styrofoam. Focus on paper-based food serviceware that can be composted. Ensure paper-based food serviceware is uncoated (not plastic-lined). Use minimum 40% post-consumer recycled content for paper-based food serviceware and napkins. No plastic, including “compostable” plastic. Bonus: Paper-based food serviceware is unbleached or labeled Processed Chlorine Free (PCF). Look for items with the following certifications: Serving Food in Style Start Small to Set Your Office Up for a Low-Waste Event Future BPI Compost Manufacturing Alliance GreenScreen Vincotte OK Compost Green Seal FSC Certified “Recycled” UL Ecologo Provide compost and recycling bins in a convenient location. Label waste receptacles with pictures or descriptions of what items go into each bin. Have bin monitors help event attendees sort waste into the proper receptacles. Simplify Sorting Ensure Items End Up in the Correct Bin Reusables are key! Serve food from reusable dishes and provide beverages in reusable pitchers or large dispensers. Provide reusable plates, bowls, cups, and/or utensils, and encourage attendees to bring their own. Start with using reusables in a few key areas and work up to a completely reusable event! For more information, contact your department’s G3 Champions: 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3302 Name: Status:Type:Discussion Item Passed File created:In control:9/25/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:CONSIDER accepting the Contra Costa County Master Plan for Aging report from the Employment and Human Services Department (EHSD) Aging & Adult Services Bureau as recommended by the EHSD Director. (Marla Stuart, Employment and Human Services Director) Attachments:1. EHSD FHS September Aging Disability Contra Costa Master Plan on Aging Final, 2. MasterPlanForAging_FA9.6.24PL Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass 5:0 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Annual Master Plan on Aging Report ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: CONSIDER accepting the Contra Costa County Master Plan for Aging report from the Employment and Human Services Department (EHSD) Aging & Adult Services Bureau as recommended by the EHSD Director. FISCAL IMPACT: There is no fiscal impact. This is an informational report.Potentially, implementation of the plan will have future financial impacts. BACKGROUND: In November 2022, the Board of Supervisors authorized Measure X funding to develop a Contra Costa County Master Plan for Aging. EHSD’s Aging & Adult Services, Area Agency on Aging (AAA), coordinated the planning effort and began by recruiting a 15-member Master Plan for Aging in Contra Costa Together (IMPACCT) committee of community-based organizations, advocates, county department leaders and members of the Advisory Council on Aging. Community engagement included two community events, thirteen focus groups, and 37 stakeholder interviews. In addition, 417 adults fifty-five years or older responded to a survey co -administered by the California Department of Aging and the AAA. The committee met from March 2023 through July 2024 and approved the plan, which identifies 6 goals and 44 priority strategies for the next ten years. Each goal area has a lead agency or agencies and champions who have committed to the work. If the plan is approved by the Board of Supervisors, the AAA will coordinate implementation by providing staff support to the IMPACCT committee, convening quarterly meetings to receive reports of progress from champions for each goal, and publish an annual report. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3302,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If the plan is not approved,Contra Costa County will not be well equipped to meet the burgeoning needs of the older adult population. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ Presentation to the Family and Human Services Committee, September 23, 2024 Tracy Murray Director, Aging & Adult Services Employment and Human Services Department tmurray@ehsd.cccounty.us Aging & Adult Services Report 1 Table of Contents •Aging in Contra Costa County •Older Adult Services •Contra Costa County Master Plan •Next Steps 2 Aging in Contra Costa County 3 Contra Costa County Older Adults •In 2022, 297,880 (26%) residents were 60 + •In 2022, 131,067 (44%) of residents 60+ identify as non-white •In 2022, 86,385 (29%) residents 60+ speak a language other than English at home •In 2022, 80,406 (27%) residents 60+ with a Disability (compared to 11% overall) •In 2030, 348,441 (30%) of residents will be 60+ •In 2030, 79,877 (6.8%) of residents will be 80+ 4 Source: CA Department of Aging – Data Dashboard 4 Geographic Distribution of 60+ 5 Source: 2022 ACS Census 5-Year Estimates, Table S1701 5 Older Adult Services 6 MC beneficiaries that are 60+ 7 7 District Supervisor MediCal 60+ 1 John Gioia 11,961 2 Candace Andersen 5,616 3 Diane Burgis 9,445 4 Ken Carlson 8,764 5 Federal D. Glover 11,716 CalFresh beneficiaries that are 60+ 8 8 District Supervisor CalFresh 60+ 1 John Gioia 6,491 2 Candace Andersen 1,862 3 Diane Burgis 4,964 4 Ken Carlson 4,088 5 Federal D. Glover 6,575 IHSS Map by District Source: Leaps 9 District Supervisor IHSS 1 John Gioia 3,860 2 Candace Andersen 1,319 3 Diane Burgis 3,857 4 Ken Carlson 2,440 5 Federal D. Glover 4,073 Aging & Adult Services At A Glance 10 11,252 Clients served by CBO’s working with the AAA & Elder Abuse Program in Fiscal Year (FY) 2023-24 919,117 Meals provided by the Area Agency on Aging in FY 2023-24 18,844 Clients served through HICAP and Information & Assistance in FY 2023-24 454 Average monthly reports of Elder/Dependent Adult Abuse in FY 2023-2024 904 active Adult Protective Services Cases in June 2024 534 Average monthly applications for General Assistance in FY 2023-24 679 active General Assistance cases in June 2024 452 Average monthly applications for In-Home Supportive Services in FY 2023-24 15,673 consumers and 14,646 providers in June 2024 Sources: RTZ-GetCare, LEAPS, CMIPS, 10 Community Service Providers 11 Source: LEAPS 11 Alzheimer’s Association J-Sei Choice in Aging Legal Assistance for Seniors Community Housing Development Corp.Meals on Wheels Diablo Region Contra Costa Senior Legal Services Meals on Wheels West Contra Costa Contra Costa Crisis Center Mobility Matters Contra Costa Family Justice Pacific Clinics Empowered Aging Trio Community Meals Family Caregiver Alliance West Contra Costa Unified School District Jewish Family & Community Services West Contra Costa Unified School District Contra Costa County Master Plan on Aging 12 Source: LEAPS 12 Master Plan Initiatives •2019 Governor Newsom Issued Executive Order calling for the creation of a State Master Plan on Aging •2021 California Department of Aging published the Master Plan on Aging •2022 Contra Costa County Board of Supervisors authorized Measure X funding to create a local plan •2024 Administration on Community Living published a ten-year framework 13 “Aging is Changing, and it’s Changing California” – California Master Plan on Aging How We Developed this Plan 14 14 Retained Collaborative Consulting Recruited 15 Member Committee Held 15 Community Events & Focus Groups Facilitated Committee Meetings March 23 – July 24 Committee & Contributors 15 CBO’s Mercel Amim Susannah Meyer Mariana Moore Susan Rotchy Debbie Toth Elaine Welch County Partners John Cunningham Dr. Sara K. Levin Stephanie Rivera Gilbert Salinas Jamie Schecter Advisory Council on Aging Jim Donnelly Kevin Donovan Jill Kleiner Gerald Richards Aging & Adult Services Alicia Espinoza, Carolyn Foudy, Jennifer Gomes-Figueroa, Jenny Lam, Frank Latcham, Nhang Luong, Patty Lund, Glenda Pacha, Cristina Ugaitafa 15 Other Contributors Marketing & Communications Policy & Planning Images generated by OpenArtAI Stakeholder Input •2 Community Events •13 Focus Groups •417 Community Assessment Surveys completed •37 Stakeholder Interviews 16 16 What we Learned from the Community Assessment Survey 17 Source: Community Assessment Survey for Older Adults, November 2023 – 417 respondents 17 Percent of Responses Rated as Good or Excellent Overall quality of life 70% Ease of Public Transportation 25% Availability of affordable quality healthcare 25% Availability of long-term care options 23% Cost of Living 13% Availability of Affordable Housing 12% Elements of the Plan •Why & how we developed the Plan •What we learned from the research •How we are going to act: ✓6 Goals ✓44 Strategies • How we will oversee the plan ✓Lead agencies ✓Champions ✓Area Agency on Aging coordinating effort 18 The Framework for Action 19 19 Goals Number of Strategies Transportation 5 Housing for All Ages & Stages 6 Health Reimagined 8 Equity & Inclusion, not Isolation 6 Caregiving that Works 6 Affordable Aging 13 Total 44 Transportation Goal As noted in the 2021 Accessible Transportation Strategic plan, the most reported (29%) challenge was feeling safe while travelling. Strategies: •Establish a countywide approach to developing accessible transportation policies •Expand transportation services to improve accessibility and availability •Launch a countywide, cross-sector trip planning platform with information on subsidies and the amount of walking involved 20 Housing for all Ages & Stages 19,521 Contra Costa County older adults are on waitlists for affordable housing. Strategies: •Increase collaboration between service providers for older adults and homelessness shelters •Bolster prevention services that keep older adults from becoming unhoused •Increase affordable housing units that have onsite supportive services 21 Health Re-imagined In 2020, 21% of civilians in Contra Costa County lived in a primary care shortage Medical Service Study Area Strategies: •Develop a campaign and toolkit of resources to standardize and increase the practice of discussing end of life care •Improve and expand healthcare services for those experiencing homelessness •Advocate for policy changes that encourage and/or require medical schools and training to incorporate age-friendly geriatric care 22 Source: Master Plan for Aging Data Dashboard Equity & Inclusion, not Isolation Social Isolation is associated with a 50% increased of dementia and 32% increase for stroke. Strategies: •Address the challenges in assessing and using technology by providing education, training & support programs •Increase funding for and availability of programs that address social connection •Provide ongoing support to meet the needs of older adults and adults with disabilities who are at risk of or are experiencing abuse and neglect 23 Source: National Academies of Science Caregiving that works 70% of adults 65 years and older will need some form of caregiving support. Strategies: •Develop strategies to raise awareness and improve navigation of the resources available to caregivers •Expand caregiver services and supports to meet the needs of the caregiver and people they care for •Expand caregiver respite support programs 24 Source: Pew Research Center Affording Aging 60% of older adults spend more than 30% of their income on housing, and 20% receive public benefits Strategies: •Expand the number of home delivered and congregate meals •Advocate for increased funding for services for those not eligible for means tested programs •Increase participation in the CalFresh benefit program and advocate to increase minimum CalFresh benefit 25 Source: Pew Research Center Next Steps •AAA Convenes Implementation Committee •Champions establish teams •AAA coordinates quarterly updates •AAA publishes yearly report 26 26 Lead Agencies and Champions 27 27 Goal Lead Agency(s)Champion Transportation Department of Conservation Development; Contra Costa Transportation Authority John Cunningham Rashida Kamara Housing for all Ages & Stages Contra Costa Health, H3; Contra Costa County Department of Conservation & Development Jamie Schecter Gabriel Lemus Health Re-imagined Contra Costa Health Dr. Sara K. Levin Equity & Inclusion, not Isolation Employment & Human Services Department; Office of Racial Equity & Social Justice Tracy Murray Kendra Carr Caregiving that Works Employment & Human Services Department Tracy Murray Affording Aging EHSD Choice in Aging Tracy Murray Debbie Toth Questions and Feedback 28 28 CONTRA COSTA COUNTY Master Plan for Aging 1 CONTRA COSTA COUNTY Master Plan for Aging Enabling older adults, adults with disabilities, and caregivers to thrive in the community. SEPTEMBER 2024 CONTRA COSTA COUNTY, CALIFORNIA CONTRA COSTA COUNTY Master Plan for Aging 2 Funding for this community planning effort was provided by the Contra Costa County Board of Supervisors who designated Measure X funding for the planning, research, and development of this Contra Costa County Master Plan for Aging. We thank the following members of the “Implementing the Master Plan for Aging in Contra Costa Together” (IMPACCT) Steering Committee who provided invaluable insight and support to the development of this plan. •Ana Bagtas, Division Manager (former), Contra Costa County Area Agency on Aging •Caitlin Sly, Executive Director, Meals on Wheels Diablo Region (former); Executive Director, Food Bank of Contra Costa (current) •Carolyn Foudy, Deputy Director, Contra Costa County Aging and Adult Services •Debbie Toth, President and Chief Executive Officer, Choice in Aging •Elaine Welch, Chief Executive Officer, Mobility Matters •Gerald Richards, Past Chair, Advisory Council on Aging and Emeritus Member •Gilbert Salinas, Chief Equity Officer, Contra Costa Health •Jamie Schecter, Homeless Services Chief, Contra Costa Health •Jill Kleiner, President, Advisory Council on Aging •Jim Donnelly, Vice President, Advisory Council on Aging •John Cunningham, Principal Planner, Contra Costa County Department of Conservation and Development •Kevin Donovan, Co-Chair, Housing Committee, Advisory Council on Aging •Mariana Moore, Senior Director, Ensuring Opportunity Campaign to End Poverty in Contra Costa •Mercel Amin, Senior Manager, Community Outreach and Engagement, Alzheimer’s Association •Dr. Sara K. Levin, Deputy Health Officer, Contra Costa Health •Stephanie Rivera, Chief Health Equity Officer, Contra Costa Health Plan •Susan Rotchy, Executive Director, Independent Living Resources of Contra Costa & Solano •Susannah Meyer, Executive Director, Empowered Aging •Tracy Murray, Bureau Director, Contra Costa County Aging and Adult Services Collaborative Consulting, a California-based consulting group, works at the intersection of health and social care. In partnership with the Area Agency on Aging, they facilitated the development process of this community plan. Collaborative Consulting collected and synthesized data, analyzed local trends, facilitated IMPACCT Steering Committee discussions, drafted documents, and incorporated feedback from multiple stakeholders throughout the process. A special thanks to Patty Lund, who provided administrative support and assistance with images selected from Adobe Stock and generated by OpenArt.AI. ACKNOWLEDGEMENTS CONTRA COSTA COUNTY Master Plan for Aging 3 EXECUTIVE SUMMARY Contra Costa County is changing. Our neighborhoods, cities and unincorporated areas are seeing a profound shift in demographics, with more older adults, and meaningfully, more adults of a very senior age. Some of our elders experience extreme challenges with poverty, housing and health. Alarmingly, an increasing number of seniors are unhoused, enduring unsheltered days and nights. Many of our elders lack the resources to live in security and with dignity. We are heading toward a crisis, and it is critical to act now. The Contra Costa County Master Plan for Aging outlined below responds to this crisis by developing a blueprint and call-to-action that requires a collective commitment to establish Contra Costa County as place where aging is valued, and our growing older adult population can thrive. WHY DO WE NEED A CONTRA COSTA COUNTY MASTER PLAN FOR AGING? THE NUMBER OF SENIORS IS GROWING: Contra Costa County’s older adult population is increasing in size, and older adults are living longer. In 2030, 348,441 (30%) of residents will be 60 years and older, and 79,877 residents will be over the age of 80. In 1965, when the Older Americans Act and Medicare were first established, the average life expectancy was 67, as compared to 79 today. The demographics of aging in Contra Costa County, California and the United States reflects a fundamental shift in population and as a result necessitates a thoughtful consideration and implementation of new public policy. THE OLDER ADULT POPULATION IS DIVERSE: Contra Costa County ranks as the fourth most diverse county in the state with 44% of adults 60 years and older identifying as non-white. By 2035, that percentage will increase to 52%. The county’s diversity index, which measures the probability that two people chosen at random will be from different racial and ethnic groups, is 73%. Almost a third of Contra Costa County’s In-Home Supportive Services consumers speak a language other than English. To ensure an equitable service delivery system, public and private providers must interact with program participants in ways culturally and linguistically appropriate. OLDER ADULTS CONTRIBUTE MEANINGFULLY TO SOCIETY: With age comes the acquisition of knowledge, wisdom, and for some, the pleasure of more time to spend pursuing interests and time with family and friends. In a myriad of ways, older adults are an asset of society and contribute to their communities. Nearly one-third of volunteer hours given in the U.S. in 2021 were contributed by older adults, and nearly 20% of people 65 years and older are still working. Nationally, the fastest growing segment of the workforce is people who are between the ages of 65-74 . Costa County ranks as the fourth most diverse county in the state.4th 2030 348,441 (30%) of residents will be 60 years and older CONTRA COSTA COUNTY Master Plan for Aging 4 BUT FOR SOME, LONELINESS AND POOR HEALTH BECOME OVERWHELMING: We must recognize that loneliness is now an epidemic. Nearly one third (29%) of Contra Costa County adults 65 years and older responding to a statewide survey reported that they felt lonely some of the time. The impacts of loneliness are profound. Social isolation has been associated with a 50% increased risk of dementia, a four-times risk of death for cardiac patients, and a 32% increase of stroke. As people age, health becomes an increasing concern, with nearly half of all adults developing at least one chronic condition. As we age, the nexus between aging and disability becomes apparent. Nearly half (46%) of adults 75 years and older have a disability as compared to 8% of adults younger than 35, and nearly 70% of adults 65 years and older will need some form of caregiving support. HIGH HOUSING COSTS AND POVERTY IMPACT OUR SENIORS: The Bay Area’s high housing costs hit older adults particularly hard, with 60% spending more than 30% of their income on housing costs. According to the Contra Costa County 2024 Homeless Point in Time Count, 29% of people experiencing homelessness are 55 years of age and older, and in 2023, 19,521 older adults in Contra Costa County were on a waiting list for subsidized housing. Currently, approximately 20% of our older adults receive public benefits, including Medi-Cal, General Assistance, and CalFresh, and more than 15,000 receive assistance through the In-Home Support Services program. The need for supplemental resources and infrastructure is great. THE STATUS QUO IS NOT ENOUGH: Our seniors are hurting, and as a community we have an obligation to make positive changes. In Contra Costa County, a committed group of people, representing community- based organizations, advocates, and multiple county departments, have worked together to develop a ten-year framework to make our county welcoming and supportive for people of all ages. This framework is a call for action which requires reforms in policy, influxes in investment and a collective commitment to create a community that recognizes and supports older adults, and by extension all in our community. Nearly half of adults 75 years and older have a disability. CONTRA COSTA COUNTY Master Plan for Aging 5 HOW CAN WE CREATE CHANGE? There is a tremendous movement occurring, with committed and passionate advocates across public and private sectors working together to develop long-term plans and policies that recognize the emerging issues related to our changing demographic. In January of 2021, the California Department of Aging published the “Master Plan for Aging” a ten-year framework for supporting Californians as they age. In May 2024, the Administration of Community Living published “Aging in the United States: A Strategic Framework for a National Plan on Aging,” which articulates a high-level approach for developing a national plan for aging. The national advocacy group American Association of Retired Persons (AARP) is highly committed to helping to support Livable Communities and offers support and toolkits to help communities become age friendly. These efforts have propelled and positioned Contra Costa County to create an informed Master Plan for Aging as a guide, plan and call to action. With the adoption of the Master Plan for Aging, Contra Costa County embraces becoming an age friendly county. The following pages reflect input from surveys, focus groups, key informant interviews and multiple strategy sessions. This plan represents a shared commitment to respecting, involving and supporting all people as they age, therefore creating a community where all can thrive. As a starting point, the IMPACCT Committee is focusing on six goal areas: Each goal area includes a lead agency or agencies with staff champions committed to carrying forward the work, an initial list of organizations involved in implementation, timeframes, and desired results. The IMPACCT Steering Committee asks now for commitment from county leadership to support the Contra Costa County Master Plan for Aging and older adults, adults with disabilities, and caregivers in our community. TRANSPORTATION: improving access to transportation services for older adults and adults with disabilities. HOUSING FOR ALL AGES AND STAGES: ensuring that older adults and adults with disabilities can access stable and dignified housing in their chosen communities. HEALTH RE-IMAGINED: providing access to quality health services in facilities and community settings for older adults and adults with disabilities. EQUITY & INCLUSION, NOT ISOLATION: focusing on social connections, anti-ageism and anti-ableism, and protection from abuse and neglect for older adults and adults with disabilities. CAREGIVING THAT WORKS: addressing caregiver workforce, resources, and support for paid and unpaid (family and friend) caregivers. AFFORDING AGING: focusing on the economic challenges for older adults and adults with disabilities such as nutrition, in-home care, and income security. 1GOAL 2GOAL 3GOAL 4GOAL 5GOAL 6GOAL CONTRA COSTA COUNTY Master Plan for Aging 6 TABLE OF CONTENTS Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Why We Developed the Plan for Aging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 How We Will Use the Plan for Aging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 How We Developed the Plan for Aging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 What We Learned from the Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 How We Are Going to Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Goal Area #1: Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Goal Area #2: Housing for All Ages & Stages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Goal Area #3: Health Reimagined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Goal Area #4: Equity & Inclusion, Not Isolation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Goal Area #5: Caregiving that Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Goal Area #6: Affording Aging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 How We Will Oversee the Plan for Aging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Appendix A: Stakeholder Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Appendix B: Issue Brief Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Appendix C: Issue Brief Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Appendix D: Issue Brief Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Appendix E: Issue Brief Behavioral and Mental Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Appendix F: Issue Brief Equity & Inclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Appendix G: Affording Aging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Appendix H Nutrition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Appendix I: Caregiving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 CONTRA COSTA COUNTY Master Plan for Aging 7 Introduction Like much of California, Contra Costa County’s population is seeing an increasing number of older adults and will continue to see this population grow over the next decade. The change goes beyond demographics, as older adults are becoming more diverse culturally, linguistically, socially, and economically. The needs and expectations of older adults, their families, and caregivers are also changing. In preparation for these changes, Contra Costa County has developed a Master Plan for Aging, hereafter referenced as the “Plan for Aging,” to guide the advancement of programs, services, and policies that enable older adults, adults with disabilities, and caregivers to thrive in the community. Informed by research and stakeholder engagement, the Plan for Aging highlights the top needs of older adults, adults with disabilities, and caregivers. It prioritizes strategies to address these needs over the next ten years. Implementation of the strategies will require commitment and coordination of organizations and individuals across Contra Costa County and will afford older adults, adults with disabilities, and caregivers access to services and support to improve their health and well-being. Why we developed the plan for aging In June 2019, California Governor Gavin Newsom issued Executive Order N-14-19, which called for developing a State Master Plan for Aging (MPA). Released in January 2021, the MPA provides a blueprint for government agencies, the private sector, local communities, and philanthropy to prepare for demographic changes in ways that promote equity and benefit Californians of all ages, stages, and abilities by 2030. The MPA includes five bold goal areas, each containing strategies to be achieved at the state level by 2030. The MPA responded to key trends, including (1) The population is becoming older and more racially and ethnically diverse. (2) Household composition is changing, and an increasing number of older adult residents are experiencing homelessness. (3) Affording aging is becoming more difficult in California. As Californians, we can create communities where people of all ages and abilities are engaged, valued, and afforded equitable opportunities to thrive as we age, how and where we choose.” – California Master Plan for Aging, 2021 “ Aging is changing, and it’s changing California.” – California Master Plan for Aging, 2021 “ CONTRA COSTA COUNTY Master Plan for Aging 8 Responding to the state’s call to use the MPA as a starting point for action, Contra Costa County sought to better understand the local trends emerging and to use this information to develop the Plan for Aging. Key trends that informed the Plan include: Contra Costa County’s population is aging, and the current services are not built to meet the future demand. Older adults are an increasingly large segment of the county’s population, with nearly 1 in 4 residents expected to be over 60 by 2030. The aging trend and longer life expectancies signal that the greatest growth for the next ten years will be within the age group of 75 and older. As the number of older adults increases, the number of seniors with chronic conditions and disabilities will also increase. Our population is becoming more culturally, linguistically, racially, and ethnically diverse. The latest projections for the percentage of county residents aged 65+ who identify as non- Hispanic white are 55.4% for 2030. In response, aging service providers are preparing to better meet all populations’ needs and preferences, including developing services and materials that reflect cultural relevance. Technological preferences among older adults are widening. An increasing number of older adults are becoming more comfortable using technology, such as email, the Internet, cellular devices, and tablets. However, many older adults are uncomfortable with technology or cannot access it. This creates conflicts regarding how older adults (and their families) prefer to receive information. The cost of living in Contra Costa County is high, straining many older adults. According to the 2023 Elder Economic Index published by the gerontology department of the University of Massachusetts Boston, Contra Costa older adults pay 136% of the national average for the basic costs of living, including housing, transportation, food and health costs. Most older adults have fixed incomes and cannot adequately address rising costs and unexpected expenses. Affording basic needs, such as food and medications, is challenging for many older adults, and housing is often the most difficult to afford. As a result, more older adults are experiencing homelessness. In the county’s 2023 Point-in-Time Count, of those experiencing homelessness, 29% were aged 55+, up from 25% per the 2019 Point-In-Time Count. CONTRA COSTA COUNTY Master Plan for Aging 9 Older adults are increasingly living alone and further from family. As of 2022, 24.0% of adults aged 65+ were the sole residents of their household. Many older adults also live in the community without other family members nearby. Adult children frequently leave the area due to the cost of living and employment opportunities. This challenges care coordination and raises the demand for caregiving support outside the family. Even when family members are is nearby, providing caregiving support to older adult family members can still be challenging due to the high cost of living and limited support and resources. Geography impacts the services and support available. Contra Costa County is significant in size and geographic diversity, making it difficult for many services and supports to be available throughout the county. Limited resources and staffing shortages further compound this challenge. Where older adults and adults with disabilities live can heavily impact the availability of services and support, leading to social isolation and poor health and well-being for some. The changing trends and their impact on older adults in the county require a wide-scale response that involves multiple sectors. To address these trends, the Plan for Aging is a framework highlighting the needs and priorities to be addressed. The Board of Supervisors has designated Measure X funds to support the development of the Plan. Measure X is a half-cent sales tax approved by Contra Costa County voters in November 2020 and generates revenue for services such as safety-net programs and protection for vulnerable populations. On November 16, 2021, the Board of Supervisors adopted the Measure X policy and funding expenditure plan, providing support for the development of the Plan for Aging and $2 million annually to support community-based organizations providing services to older adults and adults with disabilities. How we will use the plan for aging The Plan for Aging is a ten-year iterative plan that presents the community’s priority needs based on robust research and stakeholder engagement. It prioritizes strategies to provide and advocate for programs, services, and policies that benefit older adults, adults with disabilities, and their caregivers. The Plan for Aging is a call to action for all sectors of the community – residents, public agencies, nonprofits, private businesses, and others – to make Contra Costa County a place where people of all ages, stages, and abilities can thrive in the community. The Plan for Aging addresses the most pressing needs of older adults, adults with disabilities, and caregivers. It aligns with efforts across the country and encourages entities across sectors and communities to work together to address the priorities identified. The priorities include a range of tactics, from advocacy to program development. An implementation oversight structure has also been designed to guide implementation and keep the community informed of the progress (see the later section titled “How We Will Oversee the Plan for Aging Strategies”). CONTRA COSTA COUNTY Master Plan for Aging 10 The following sections of the Plan for Aging describe the stakeholders involved in the development process, summarize the steps, and present the action plan details, including strategies, key stakeholders for implementation, timeframes, and desired results. The strategies are organized under six goal areas: • Transportation • Housing for All Ages and Stages • Health Reimagined • Equity and Inclusion, Not Isolation • Caregiving that Works • Affording Aging. What is the Area Agency on Aging (AAA)? The AAA serves as the county’s hub for coordinating Older Americans Act funded programs and services that enhance the lives of older adults, adults with disabilities, and caregivers in Contra Costa County. As the administrator of Older Americans Act, Older Californians Act, and other state and federal programs, the AAA supports these populations through direct service delivery and contracts with community-based organizations. – Contra Costa County AAA 2024-2028 Area Plan How we developed the plan for aging The Plan for Aging development process included four phases: Research and Discovery, Synthesis and Sense-making, Decision-making, and Finalizing the Plan for Aging. The Stakeholders • The Contra Costa County Area Agency on Aging (AAA), a division within the county’s Employment & Human Services Department (EHSD), was the designated lead for developing the Plan for Aging. The AAA will also continue to provide administrative support for implementing the Plan’s strategies. • The AAA assembled the Implementing the Master Plan for Aging in Contra Costa Together (IMPACCT) Steering Committee to provide input on project deliverables, facilitate community connections, and offer expertise to enhance development of the Plan for Aging development. The IMPACCT Steering Committee represents nonprofit organizations and government agencies, departments, and advisory bodies focusing on older adults, adults with disabilities, and caregivers. • Numerous service providers, coalitions, and community members aided the development of the Plan for Aging by sharing perspectives on the needs of older adults, adults with disabilities, and caregivers within Contra Costa County and ideas on addressing these needs through community forums, focus groups, interviews, and a survey. CONTRA COSTA COUNTY Master Plan for Aging 11 The Research Research was central to the development process to ensure the Plan for Aging reflected the community’s needs and priorities. The research process included document review, data analysis, and stakeholder engagement. The following key deliverables were developed as a part of the research, discovery, and synthesis process: Community Member Feedback Summary Multiple activities, including surveys, focus groups, and needs assessments, were conducted to assess residents’ needs and desires. Collaborative Consulting analyzed the feedback to identify the top needs of older adults, adults with disabilities, and caregivers. Stakeholder Interview Synthesis Collaborative Consulting conducted interviews with thirty-seven stakeholders in 2023 to gain insights into the needs of older adults, adults with disabilities, and caregivers and ideas on how to address these needs. The engaged stakeholders included community-based organizations, county departments, coalitions, and community members. Research Briefs Eight research briefs were developed to summarize the current state of Contra Costa County in key areas of focus for the Plan for Aging. These briefs documented relevant statistics on the subject and highlighted programs and initiatives. The briefs validated areas of need to inform prioritization of strategies and ensured that the Plan for Aging would leverage efforts already underway. The Decision-Making The top needs and potential strategies that emerged from the research helped the IMPACCT Steering Committee decide which priorities fit best within the Plan for Aging. To guide the decision-making process, the following criteria categories were applied: 1.Public Demand: How important is this strategy for community member needs/desires? How urgent is the issue being addressed? 2. Impact: What is the strategy’s potential depth of impact on the targeted population? How many will be affected? Will those with the greatest need be positively impacted? 3. Investment: What funding/resources are needed? 4. Readiness: How easy will it be to achieve this effort? Is there political support? Is there community capacity? Is this building on existing efforts, or is it new? Once the priorities were finalized, the Plan for Aging was developed, with additional input from the IMPACCT Steering Committee. CONTRA COSTA COUNTY Master Plan for Aging 12 What we learned from the research During the research and discovery phase, several needs and desires for older adults, adults with disabilities, and caregivers were identified. The top needs were used to prioritize strategies for the Plan for Aging. The top needs are highlighted below. The ability to afford basic needs is a concern for many. Older adults and adults with disabilities are increasingly concerned about their income security. With rising costs and stagnant incomes, essentials are becoming unattainable for many. This is especially concerning for the “missing middle,” those who do not qualify for public assistance but do not have sufficient funds to afford essential services. Consumers cited many concerns related to affordability, including food, utility bills, medical services, and caregiving. Affordable and suitable housing is challenging to find. Options for affordable housing are limited, and the process of requesting and obtaining them is burdensome and overwhelming to older adults and adults with disabilities. The location of housing can be problematic for some older adults and adults with disabilities who rely on accessing public transportation and other services. For others, additional supportive services are needed where they live, but housing with wraparound services is limited within the county. Transportation limitations isolate older adults and adults with disabilities. Transportation has long been a challenge for older adults and adults with disabilities in the county. Limitations due to routes, schedules, availability, and affordability prevent many older adults and adults with disabilities from accessing needed services and taking part in social events that combat isolation. Some people need door-to-door services, which are limited. Behavioral health offerings are limited. Increasingly, older adults and adults with disabilities need behavioral health services, but limited programs, staff shortages, and offerings that aren’t culturally relevant create barriers. The services that residents desire go beyond the clinical setting, such as peer support groups. Older adults desire more opportunities to connect and be involved in the community. Many Contra Costa County older adults feel isolated, lonely, and depressed. A growing number of older adults and adults with disabilities lack family ties and a support system. Many seek more engagement through community events, such as classes, group activities, and field trips. Opportunities for volunteering and workforce training are also desired. “If you’re living above the federal poverty line and need help, you don’t have a free caregiver, and you may not have the resources to afford it yourself, so that will put you in a precarious situation.” – Contra Costa County Stakeholder “I think the isolation of older adults is probably one of the highest agenda items because I think isolation leads to depression, dementia, and just poor quality of life.” – Contra Costa County Stakeholder “Being so spread out geographically and not having an integrated transportation system is really difficult for the people that we serve. If you don’t drive, good luck getting around in Contra Costa County. If you have any physical barriers, good luck getting around in Contra Costa County, especially if you can’t afford an Uber.” CONTRA COSTA COUNTY Master Plan for Aging 13 Caregivers need more support, and Contra Costa County needs more caregivers. Although caregiver services have enormous social, family and economic value, they do not receive sufficient support to address challenges such as financial instability, training to navigate caregiving requirements, and the stress of providing care to people with multiple needs. Both paid and unpaid caregivers need more support, training, and resources. Services and resources need to be visible and navigable. Services are not always available for all in need; when they are, they may not be known. Efforts to raise awareness and deliver information that is understandable and accessible for older adults, adults with disabilities, and caregivers are needed. Limited coordination of services and efforts among organizations leads to siloed services and support. This compounds the challenges that older adults, adults with disabilities, and caregivers have in navigating and accessing services and support. It also creates a greater burden on program participants, families, and caregivers to navigate the system and fill out multiple applications since information is not often shared across service providers. How we are going to act This section presents 44 strategies to provide better services and support for older adults, adults with disabilities, and caregivers. The strategies are organized by the six goal areas and the focus areas within each goal. An inherent assumption of the work is that the desired change in systems requires multiple partners across private and public sectors. For each strategy, a proposed lead agency or agencies is noted as well as implementers, timeframes, and desired results. Representatives from the lead agencies have reviewed the Plan for Aging and have made a commitment to work on the strategies articulated, and to continue to engage, review and update the strategies as appropriate. Strategy implementers include (but are not limited to) county and city agencies; non-profit community- based organizations (CBOs), such as social service organizations, community centers, advocacy organizations, faith-based entities, and other groups; healthcare organizations (HCOs); educational institutions; for-profit service providers; and stakeholders, groups and coalitions. The timeframes are defined based on the anticipated period for full implementation: short-term in 1 to 2 years, mid-term in 3 to 5 years, and long-term in 6 to 10 years. The desired results highlight initial intended outputs and outcomes based on stakeholder input and background research. ““There are many services that people need and don’t have. There’s not a lot of communication and outreach for families to find things and know where to go.” – Contra Costa County Stakeholder CONTRA COSTA COUNTY Master Plan for Aging 14 Strategy Key Implementers Timeframe Desired Results 1.1 Establish a countywide approach to developing accessible transportation programs and policies. CCTA, CCH, EHSD, CBOs, Paratransit providers Short-term •Standardized accessible transportation policies created and implemented countywide. •Increased use, and ease of use, of transportation services by older adults and adults with disabilities. 1.2 Expand transportation services to improve accessibility and availability to all older adults and adults with disabilities. CCTA, CCH, EHSD, CBOs, Paratransit providers Mid-term •Expanded transportation routes and schedules for older adults and adults with disabilities. •Increased use, and ease of use, of transportation services by older adults and adults with disabilities. 1.3 Develop new programs for residents to use vouchers and subsidies for rideshare services. CCTA, EHSD, CBOs, Rideshare companies Mid-term •New programs developed, implemented, and advertised that allow residents to use vouchers and subsidies for rideshare services. •Increased use of rideshare services by residents. 1.4 Launch a countywide, cross-sector trip-planning platform with information on subsidies and the amount of walking involved. CCTA, CBOs, Paratransit providers Long-term •Trip-planning platform launched (potentially with artificial-intelligence driven platform). •Utilization of trip-planning platform by older adults and adults with disabilities. 1.5 Advocate at the state level to raise awareness of transportation needs and garner greater funding to address them. CCTA, CBOs, Paratransit providers, Transit agencies, Consumer groups and coalitions Long-term •Advocacy actions completed at the state level focusing on transportation needs. •Increased awareness at the state level of transportation needs of older adults and adults with disabilities. •Increased state-level funding to address transportation needs of older adults and adults with disabilities. Goal Area #1: TRANSPORTATION Department of Conservation and Development & Contra Costa Transportation Authority The Transportation goal area focuses on improving access to transportation services for older adults and adults with disabilities. According to the 2021 Accessible Transportation Strategic Plan (ATSP), the county faces numerous transportation challenges, including siloed services that are difficult for older adults and adults with disabilities to navigate and a need for more paratransit services and transportation resources. Developing a network of safe, accessible, and frequent transportation options with geographic coverage across the county is essential to supporting people of all ages and abilities to access medical care, food, support services, work, volunteer opportunities, and social activities. The Plan for Aging transportation strategies complement the ATSP Initiative efforts. CONTRA COSTA COUNTY Master Plan for Aging 15 Goal Area #2: HOUSING FOR ALL AGES AND STAGES Contra Costa Health, Health, Housing & Homeless Programs; Housing Authority of Contra Costa County The Housing for All Ages and Stages goal area aims to ensure that older adults and adults with disabilities can access stable and dignified housing in their chosen communities. The goal area focuses on affordable housing that meets the needs of an aging population, along with homelessness support and prevention services. As housing prices continue to soar in one of the most expensive housing markets in the country, older adults and adults with disabilities struggle to secure affordable, stable housing that meets their needs. As of 2021, 66% of low-income older adults in the county spent more than half of their income on housing, and as of 2023, 19,521 older adults were on a waiting list for subsidized housing. To tackle the housing issues, Contra Costa County must increase the supply of affordable and accessible housing and enhance services that support older adults and adults with disabilities. FOCUS AREA: AFFORDABLE HOUSING Strategy Key Implementers Timeframe Desired Results 2.1 •Improve data collection and reporting on the availability of affordable housing for older adults and adults with disabilities (e.g., number of available units). CCH H3, HACCC, DCD, City governments Short-term •Increased accuracy and timeliness of the data on availability of affordable housing for older adults and adults with disabilities. 2.2 Increase the supply of affordable housing (including ADUs and shared housing) and home ownership opportunities for older adults and adults with disabilities. CCH H3, HACCC, DCD, City governments, Affordable housing providers Long-term •Increased number of affordable housing options for older adults and adults with disabilities. •Increased number of home ownership opportunities for older adults and adults with disabilities. •Decreased numbers of older adults and adults with disabilities experiencing homelessness. 2.3 Increase affordable housing units that have onsite, supportive services designed to support evolving needs as residents age. CCH H3, HACCC, DCD, CBOs, Affordable housing providers Long-term •Increased proportion of affordable housing units with onsite, supportive services for aging residents. •Sufficient onsite supportive services to serve affordable housing residents who want to use them as they age. FOCUS AREA: HOMELESSNESS SUPPORT AND PREVENTION Strategy Key Implementers Timeframe Desired Results 2.4 Increase the collaboration between service providers for older adults and homelessness shelters to provide more supportive services to those experiencing homelessness. CCH H3, CBOs Short-term •Increased support services for older adults at homeless shelters. •Increased utilization of support services by older adults experiencing homelessness. 2.5 Bolster prevention services that keep older adults from becoming unhoused, including the expansion of rental subsidy programs. CCH H3, HACCC, EHSD, CBOs Mid-term •Increased availability of homelessness prevention services for older adults. •Increased use of homelessness prevention services by older adults. •Decreased numbers of older adults becoming unhoused. 2.6 Increase the awareness of and support for programs that help tenants stay in their homes. CCH, HACCC, City governments, CBOs Consumers and coalitions Long-term •Increased awareness of and participation in programs that help tenants stay in their homes •Increased funding for programs that help tenants stay in their homes CONTRA COSTA COUNTY Master Plan for Aging 16 Goal Area #3: HEALTH REIMAGINED Contra Costa Health The Health Reimagined goal area centers on older adults and adults with disabilities having access to quality health services in facilities and community settings. Areas of focus within the health goal area include optimizing options to age in place, end of life care, equitable health and geriatric care options, and mental health. Contra Costa County offers a range of health-related services and supports designed to meet the needs of older adults and adults with disabilities. However, factors such as limited geriatric and dementia care and transportation options can make it difficult for residents to receive the care they need. For instance, the county has only two accredited/emerging Geriatric Emergency Departments out of a total of seven Emergency Departments. Contra Costa County needs more in-home and community-based care and services to facilitate successful aging-in- place. Ensuring that health care is age-friendly and tailored to the needs of older adults and adults with disabilities will reduce institutionalization and improve their overall health and well-being. FOCUS AREA: OPTIMIZING OPTIONS TO AGE IN PLACE Strategy Key Implementers Timeframe Desired Results 3.1 Coordinate and define emergency and disaster preparedness and response strategies for older adults and adults with disabilities (e.g., heat waves, flooding, etc.). CCOES, CCH, EHSD, City governments, CBOs Short-term •Disaster preparedness and response strategies for older adults and adults with disabilities identified and integrated into broader disaster preparedness and response plans. FOCUS AREA: END OF LIFE CARE Strategy Key Implementers Timeframe Desired Results 3.2 Develop a campaign and toolkit of resources to standardize and increase the practice of discussing end of life care with older adults in a culturally relevant manner. CCH, CBOs, HCOs, EHSD Short-term •Toolkit on discussing end of life care with older adults in a culturally relevant way developed and disseminated to providers. •Campaign to promote culturally relevant discussions of end-of-life care developed and implemented. •More discussions between providers and older adults of wishes for end-of-life care documented. CONTRA COSTA COUNTY Master Plan for Aging 17 FOCUS AREA: EQUITABLE HEALTH AND GERIATRIC CARE OPTIONS Strategy Key Implementers Timeframe Desired Results 3.3 Expand and formalize partnerships between healthcare organizations and community-based organizations to improve delivery and coordination of services (e.g., leveraging CalAIM opportunities along with other opportunities). CCH, CBOs, HCOs Mid-term •Increased number of informal and formal partnerships between healthcare organizations and community-based organizations. •Improved health and quality of life outcomes among older adults and adults with disabilities (e.g., reduced hospital readmissions, decreased use of Emergency Dept. services, decreased institutionalization). 3.4 Improve and expand healthcare services for those experiencing homelessness, including mobile medical services, dental services, etc. CCH, CBOs Mid-term •Increased hours and geographic coverage of healthcare services for people experiencing homelessness. •Increased number of patients served through mobile and other services. 3.5 Develop and implement training modules for providers that focus on providing equitable and age- friendly care. HCO’s, CCH, CBOs, Short-term •Training modules developed for health providers that focus on providing equitable and age-friendly care. •Training modules accessed by priority providers. •Increased knowledge and skills among providers to deliver equitable and age-friendly services. 3.6 Advocate for policy changes that encourage and/or require medical schools and training programs to incorporate age-friendly, geriatric specialized care into curriculums. CCH, HCOs, CBOs, Education institutions, Consumer groups and coalitions Long-term •Advocacy actions implemented that focus on medical schools and other training programs. •Policy changes enacted and implemented that encourage and/or require medical schools and other training programs to incorporate age- friendly, geriatric specialized care into curriculums. •Higher-quality health care delivered to older adults. 3.7 Advocate for increased funding and eligibility for transitional and in-home services across all payer types and programs. CCH, CBOs, Consumer groups and coalitions Long-term •Advocacy actions implemented that focus on increased funding and eligibility for transitional and in-home services. •Policy changes implemented that provide increased funding and eligibility. •Decreased institutionalization among older adults and adults with disabilities. FOCUS AREA: MENTAL HEALTH Strategy Key Implementers Timeframe Desired Results 3.8 Develop mental health support and substance abuse service options tailored for older adults and adults with disabilities, including support groups and other strategies. HCO’s, CCH BH, CBOs Short-term •Mental health support and substance abuse service options tailored for older adults and adults with disabilities developed, launched, and advertised. •New services used by older adults and adults with disabilities. •Improved mental health and reduced substance use among older adults and adults with disabilities. CONTRA COSTA COUNTY Master Plan for Aging 18 Goal Area #4: EQUITY & INCLUSION, NOT ISOLATION Contra Costa County Employment & Human Services Department, Aging & Adult Services & Contra Costa County Office of Racial Equity and Social Justice The Equity & Inclusion, Not Isolation goal area includes a focus on social connections, anti-ageism and anti-ableism, and protection from abuse and neglect among older adults and adults with disabilities. Social connection is a challenge for many. In 2020, 28.9% of Contra Costa County adults 65 and older who responded to a statewide survey were “lonely some of the time,” and another 1% were “often lonely.” Fostering inclusion and equity will involve ensuring individuals of all ages and abilities can access services, work opportunities, and avenues for social connection while also protecting them from isolation and abuse. FOCUS AREA: SOCIAL CONNECTIONS Strategy Key Implementers Timeframe Desired Results 4.1 Address the challenges in accessing and using technology for older adults by providing education, training, and support programs. EHSD, CBOs, Consumer groups and coalitions Short-term • Education, training, and support programs implemented addressing technology use by older adults. •Participation by older adults in the education, training, and support programs. •Increased technology-related knowledge, skills, confidence, and access to devices/Internet connection among older adults. 4.2 Increase funding for and availability of programs that address social connection, including those that reach isolated people in their homes. EHSD, CBOs, Consumer groups and coalitions Mid-term •Increased funding for programs that address social connection. •Increased programming to address social connection. •Increased number of older adults reached by social connection programs. •Reduced social isolation and loneliness among older adults and adults with disabilities. FOCUS AREA: ANTI-AGEISM, ANTI-ABLEISM Strategy Key Implementers Timeframe Desired Results 4.3 Reframe how people think about aging through anti- ageism and anti-ableism campaigns and training modules. EHSD, CBOs, Consumer groups and coalitions Short-term •Anti-ageism and anti-ableism campaigns and training modules developed and deployed. •Priority populations for the campaigns and training modules exposed to / engaged with the content. •Reduced ageism and ableism in Contra Costa County. CONTRA COSTA COUNTY Master Plan for Aging 19 FOCUS AREA: PROTECTION FROM ABUSE AND NEGLECT Strategy Key Implementers Timeframe Desired Results 4.4 Expand education about fraud protection. EHSD, CBOs, Consumer groups and coalitions Short-term •Fraud education activities implemented. •Priority populations for fraud education activities exposed to / engaged with the content. •Increased knowledge of fraud risk and how to protect oneself. •Reduced fraud victimization. 4.5 Improve funding, outreach, and education for elder abuse programs. EHSD, CBOs, Consumer groups and coalitions Mid-term •Advocacy activities implemented in service of increased funding for elder abuse programs. •Increased funding for elder abuse programs. •Increased outreach and education about and through elder abuse programs. •Increased number of older adults who are at risk of abuse and who are victims/survivors of elder abuse served by elder abuse programs. 4.6 Provide ongoing supports to meet the needs of older adults and adults with disabilities who are at risk of or experiencing abuse and neglect. EHSD, CBOs, Consumer groups and coalitions Long-term •Ongoing support services provided to meet the needs of older adults and adults with disabilities who are at risk of or experiencing abuse and neglect. •Increased number of older adults and adults with disabilities who are at risk of or experiencing abuse and neglect receive ongoing support services. CONTRA COSTA COUNTY Master Plan for Aging 20 Goal Area #5: CAREGIVING THAT WORKS Contra Costa County Employment & Human Services Department, Aging & Adult Services The Caregiving that Works goal area focuses on the caregiver workforce, resources, and support for paid and unpaid (family and friend) caregivers in Contra Costa County. Caregivers are crucial resources for enabling older adults and adults with disabilities to thrive in their homes and communities. However, caregivers face many challenges, including financial instability, lack of training opportunities, minimal support, and the impacts of stressful caregiving situations. The average caregiver strain index among surveyed caregivers for older adults (paid and unpaid) in 2019 was 10.4 (on a scale of 1-22, where seven or higher indicates “considerable strain”). On average, unpaid caregivers, family caregivers, and caregivers caring for someone with a cognitive impairment reported higher levels of strain. Addressing these challenges can help ensure sustainable and high-quality care for recipients, especially as the population ages and the need for caregiving increases. FOCUS AREA: RESOURCES AND SUPPORT Strategy Key Implementers Timeframe Desired Results 5.3 Develop strategies to raise awareness and improve navigation of the resources available to caregivers. EHSD, CBOs Short-term •New strategies developed and implemented to raise awareness and improve navigation of the resources available to caregivers. •Increased awareness and improved navigation of the resources available to caregivers. 5.4 Improve coordination between healthcare providers and social services organizations to encourage awareness and alignment of resources available for paid and unpaid caregivers. CCH, EHSD, CBOs Short-term •Coordinated actions implemented by healthcare providers and social services organizations to increase awareness of resources available for caregivers. •Increased awareness among caregivers of support resources available to them. •Increased use of available services by caregivers. 5.5 Expand caregiver services and supports to meet the needs of the caregiver and the older adults and adults with disabilities they care for (e.g., caregiver training, home modifications, etc.) EHSD, CBOs Mid-term •Increased range of services that address the needs of caregivers and the older adults and adults with disabilities they care for. •Increased use of services by caregivers and the older adults and adults with disabilities they care for. 5.6 Expand caregiver respite support and programs. EHSD, CBOs Long-term •Increased availability of respite support and programs. •Increased number of caregivers utilizing respite support and programs. FOCUS AREA: WORKFORCE Strategy Key Implementers Timeframe Desired Results 5.1 Conduct a county-level recruitment effort to address the shortage of paid caregivers. EHSD, CBOs, Consumer groups and coalitions Mid-term •County-level paid caregiver recruitment effort planned and implemented. •Increased number of paid caregivers working in Contra Costa County. 5.2 Increase funding for caregiver services so older adults and adults with disabilities in need can obtain caregiver support. CCH, EHSD, CBOs Long-term •Advocacy activities implemented for increased funding for caregiver services. •Increased funding for caregiver services. •Increased number of older adults and adults with disabilities in need obtain caregiver services. CONTRA COSTA COUNTY Master Plan for Aging 21 Goal Area #6: AFFORDING AGING Aging & Adult Services, Contra Costa County Employment & Human Services Department, Aging & Adult Services & Choice in Aging The Affording Aging goal area is centered on the economic challenges that older adults and adults with disabilities face. Areas of focus include nutrition, in-home care, and income security. Although Contra Costa County is seen as a more affluent county than some others in the state, many older adults and adults with disabilities experience significant difficulty affording basic needs. Access to quality nutrition is a significant issue for older adults and adults with disabilities due to cost as well as lack of transportation, isolation, and food deserts. In 2020, 19.9% of low-income adults aged 60+ in the county experienced food insecurity. Contra Costa County’s CalFresh participation rate for adults aged 60 or older was 3.0% in 2019, which ranked 50th out of the 58 counties in CA. Addressing the economic challenges faced by older adults and adults with disabilities in meeting their basic needs will improve their health and well-being, reduce institutionalization, and enable them to live more active lives in the community. FOCUS AREA: NUTRITION Strategy Key Implementers Timeframe Desired Results 6.1 Expand the number of home-delivered and congregate meals for older adults. EHSD, CBOs Short-term •Increased number of home-delivered and congregate meals provided to older adults. 6.2 Evaluate meal program service design and sustainable financing mechanisms such as CalAIM Community Supports to enhance capacity and access to a person-centered nutrition service for older adults and adults with disabilities; CCH, EHSD, CBOs Mid-term •Evaluation completed that uses data to form recommendations to improve efficiency and equity for meal program services. •Increased funding for person-centered nutrition services for older adults and adults with disabilities. 6.3 Advocate for funding for the continuation of innovative practices allowed during the COVID-19 pandemic, which included “to go” dining, grocery delivery and other models. CBOs, EHSD •Increased quantity and diversity of person- centered nutrition services for older adults and adults with disabilities. 6.4 Increase participation of the CalFresh benefit, and advocate to increase minimum CalFresh benefit for older adults and adults with disabilities. CCH, EHSD, CBOs, Consumer groups and coalitions Long-term •Advocacy activities implemented to increase minimum CalFresh benefit for older adults and adults with disabilities. •Increased minimum CalFresh benefit for older adults and adults with disabilities. •Increased use of the CalFresh benefit among older adults and adults with disabilities. CONTRA COSTA COUNTY Master Plan for Aging 22 FOCUS AREA: IN-HOME CARE Strategy Key Implementers Timeframe Desired Results 6.5 Develop a program that provides a vetted and reliable source for identifying in-home service providers, such as repair workers and home care providers/caregivers. EHSD, CBOs Mid-term •Program that provides a vetted and reliable source for identifying in-home service providers developed, launched, and advertised. •Use of program to identify vetted providers by older adults and people with disabilities. 6.6 Promote in-home care to local and state governments as a cost- effective alternative to institutionalization with the aim of securing more public funding for in-home services. EHSD, CBOs, Consumer groups and coalitions Mid-term •Advocacy activities implemented to promote in-home care to local and state governments as a cost-effective alternative to institutionalization. •Increased local and state government funding for in-home care. •Increased number of older adults and adults with disabilities using in-home services. 6.7 Advocate for, leverage and expand CalAIM services for in-home care and related supportive services, leveraging available resources available for Medi-Cal beneficiaries. EHSD, CBOs, Long-term •Expanded in-home care and related supportive services (for Medi-Cal beneficiaries and others). •Increased number of older adults and adults with disabilities using in-home care and related supportive services. 6.8 Advocate for increased funding for services for those not eligible for means tested program like Medi- Cal/CalFresh CBO’s, Advocacy Groups, EHSD Mid-term •Increased services available for older adults/ caregivers not eligible for income-based programs •Incorporated in County’s Legislative Platform CONTRA COSTA COUNTY Master Plan for Aging 23 FOCUS AREA: INCOME SECURITY Strategy Key Implementers Timeframe Desired Results 6.9 Evaluate county processes for accessing and applying for public benefits to address opportunities for improved access and navigation. EHSD, CBOs Short-term •Assessment of application processes for public benefits completed, and opportunities identified for improvement. •Increase outreach regarding how to apply for benefits •Increased number of older adults and adults with disabilities accessing public benefits. 6.10 Advocate for changes to the eligibility and application criteria for public benefits to make the program more accessible and streamlined. CBOs, Consumer groups and coalitions Mid-term •Advocacy activities implemented for changes in the eligibility and application process for public benefits making the program more accessible and navigable. •Eligibility and application process for public benefits changed to make the program more accessible and navigable. 6.11 Address increasing utility costs by advocating for increasing waivers and assistance programs. CBOs, Consumer groups and coalitions, EHSD Mid-term •Advocacy activities implemented to support increased waivers and assistance programs to address increasing utility costs. •Increased availability of waivers and assistance programs that address utility costs. •Increased number of older adults and adults with disabilities using waiver and assistance programs for utility costs. 6.12 Increase investments in and coordination of programs and services that provide free services through volunteer-driven programs. EHSD, CBOs, Consumer groups and coalitions Long-term •Advocacy activities implemented for increased funding for volunteer programs. •Increased funding for volunteer programs. •Increased coordination of volunteer programs. •Increased breadth and reach of volunteer programs. 6.13 Support guaranteed income pilots that prioritize lower- income older adults. EHSD, CBOs, Consumer groups and coalitions Long-term •Advocacy activities for guaranteed income pilots that prioritize lower-income older adults. •Increased funding for guaranteed income pilots that prioritize lower-income older adults. •Increased number of older adults participating in guaranteed income pilots. CONTRA COSTA COUNTY Master Plan for Aging 24 How we will oversee the Master Plan for Aging strategies With the priority strategies identified, the focus shifts to implementing them. The IMPACCT Steering Committee will remain as an advisory body to the work and will meet quarterly to receive and discuss progress reports. The Lead Agency or agencies will establish a workgroup or use existing structures to review strategies, determine next steps, including timelines and tasks, and provide quarterly progress reports to the IMPACCT Steering committee. The AAA will convene the quarterly IMPACCT Steering committee meetings, will document the work, and will publish an annual update. Conclusion The Plan for Aging is a call to action to encourage people and organizations to get involved and bring about changes that will make Contra Costa County a place where all residents can thrive as they age. By implementing the priorities outlined in the Plan for Aging, positive changes are possible, which will benefit not only the older adults, adults with disabilities, and caregivers today but also future generations. i California Population Profile. Index - Master Plan for Aging (ca.gov) ii Aging in the United States: A Strategic Framework for a National Plan on Aging iii National Academies of Sciences, Engineering, and Medicine. 2020. Social Isolation and Loneliness in Older Adults: Opportunities for the Health Care System. Washington, DC: The National Academies Press. iv Master Plan for Aging. (2021; Jan) v Pew Research Center. (July 24, 2023). 8 facts about Americans with disabilities. Includes data from the 2021 U.S. Census Bureau’s American Community Survey. vi Housing America’s Older Adults. Joint Center for Housing Studies of Harvard University. 2023. vii Master Plan for Aging. (2021; Jan.). Accessed February 3, 2023, at https://www.aging.ca.gov/download. ashx?lE0rcNUV0zYXf9JtT7jkAg%3d%3d. viii Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, p. 8. Accessed July 17, 2023 at https://ehsd.org/wp-content/uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf. ix California Department of Finance. Demographic Research Unit. (July 2023). Report P-3: Population Projections, California, 2020-2060 (Baseline 2019 Population Projections; Vintage 2023 Release). Retrieved February 9, 2024 from https://dof.ca.gov/Forecasting/Demographics/ Projections/. x Elder Economic Security Standard. Gerontology Institute at the University of Massachusetts Boston. Accessed July 16, 2023 at https:// elderindex.org. xi 2019 Point in Time: Annual Snapshot of Homelessness in Contra Costa County. (2019; Jun. 21). Accessed October 3, 2023 at Untitled (cchealth. org). xii Contra Costa Transportation Authority. (2021; Mar.). Contra Costa Accessible Transportation Strategic Plan, p. 1-3. Accessed August 10, 2023 at https://ccta.net/wp-content/uploads/2021/05/d212e7_17065ead5e7a4124bf45a8401ff0e23a.pdf. xiii Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, p. 9. Accessed July 17, 2023 at https://ehsd.org/wp-content/uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf. xiv California Housing Partnership Housing Needs Dashboard. Accessed October 3, 2023 at https://chpc.net/housingneeds/. xv Advisory Council on Aging (ACOA) Housing Workgroup. (2023; Sep.). No Place to Call Home. [Infographic.] Citing Contra Costa Housing Authority 2023 Waitlists. xvi Master Plan for Aging Data Dashboard. Goal Two for 2030: Health Reimagined. Strategy D: Geriatric Care Expansion. Geriatric EDs. Accessed July 17, 2023 at https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/health-reimagined/. xvii Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, pp. 23. Accessed July 17, 2023 at https://ehsd.org/wp-content/uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf. xviii California Health Interview Survey. AskCHIS. Mental and Emotional Health. Access and utilization. Needed help for emotional/mental health programs or use of alcohol/drug. Accessed July 19, 2023 at California Health Interview Survey (CHIS) (ucla.edu). xix 2020 California Health Interview Survey: AskCHIS. Loneliness Scale (UCLA 3-Item Loneliness Scale). Accessed August 10, 2023, at California Health Interview Survey (CHIS) (ucla.edu). xx Master Plan: 5 Bold Goals. Goal Four: Caregiving that Works. Accessed August 22, 2023, at https://mpa.aging.ca.gov/Goals/4. 2 State Master Plan for Aging Data Dashboard, Goal Four for 2030: Caregiving that Works. Accessed August 9, 2023, at https://letsgethealthy.ca.gov/mpa- data-dashboard-for-aging/caregiving-that-works/. xxi Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, pp. 22-23. Accessed August 9, 2023, at https://ehsd.org/wp-content/uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf. xxii Ibid. xxiii California Master Plan for Aging Data Dashboard. Accessed August 9, 2023, at https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/ affording-aging/. xxiv California Master Plan for Aging Data Dashboard. Accessed August 9, 2023, at https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/ affording-aging/ END NOTES CONTRA COSTA COUNTY Master Plan for Aging 25 Appendix A: ACRONYMS ACRONYM ENTITY AAA Area Agency on Aging ACOA Advisory Council on Aging CBOs Community-Based Organizations CCH Contra Costa Health CCH BH Contra Costa Behavioral Health CCH H3 Contra Costa Health Housing and Homeless Services CCOES Contra Costa Office of Emergency Services CCTA Contra Costa Transit Authority CPC County Planning Commission DCD Department of Conservation & Development EHSD Employment and Human Services Department HACCC Housing Authority of Contra Costa County HCOs Health Care Organizations IMPACCT Implementing the Master Plan for Aging Together CONTRA COSTA COUNTY Master Plan for Aging 26 Appendix B: ISSUE BRIEF: TRANSPORTATION INTRODUCTION The “Transportation” goal area within the Contra Costa County Master Plan for Aging includes a focus on providing accessible transportation for older adults and adults with disabilities throughout the county. It summarizes recent data and highlights current efforts and stakeholders in the county. It is not exhaustive of all activities in Contra Costa County related to transportation, but it is a resource for developing the Plan for Aging. INSIGHTS ON TRANSPORTATION IN CONTRA COSTA COUNTY BASED ON RECENT DATA According to the 2021 Accessible Transportation Strategic Plan (ATSP) and previous Contra Costa County studies, the county faces transportation challenges, including siloed services that are difficult for older adults and adults with disabilities to navigate, increasing demand for paratransit services, and a need for greater transportation resources.1 Developing a network of accessible and frequent transportation options and services with geographic coverage across Contra Costa County is essential to supporting people of all ages and abilities in accessing medical care, services, work and volunteer opportunities, and social activities. •The 2021 Accessible Transportation Strategic Plan (ATSP) compared current transit services in the county with areas of need (based on population density, location of jobs, and where older adults, adults with disabilities, and lower-income persons live). Results showed gaps in medium to high-need areas in West County and Central County in the areas of Concord and Pleasant Hill. There was lower need but larger areas of gaps in the northern portions of the County, East County, and Southwest County.2 •A 2020 survey of older adults and adults with disabilities to inform the ATSP found that the most reported challenge when using transportation services was feeling unsafe while traveling (29% reported the challenge).3 A previous survey of older adults in the county also found that safety was a concern, with one in five older adults reporting not feeling safe on public transit.4 •Other challenges related to using transportation services commonly reported by 2020 survey respondents included not being able to travel when needed (24%), the trip taking too long (23%), and not being able to travel where needed (22%).5 •The type of trips 2020 survey respondents took most often were medical appointments (56%), grocery/drugstore (46%), and seeing friends or family (17%). These were also the most difficult trips to make (reported difficult by 35%, 20%, and 19% of respondents, respectively).6 •The top transportation modes used by 2020 survey respondents included driving oneself (40%); driving with a family, neighbor, or paid driver (38%); BART (32%); bus (24%); and walking (23%).7 •A separate 2019 survey of residents 50+ highlighted respondents’ car dependence. The most frequent mode of transportation reported was “driving oneself” (75.6%-91.6% across a range of activities), followed by “having others drive you” (3.7%-13.8% across a range of activities). Less than 5% of respondents reported using public transit across most types of trips.8 1 Contra Costa Transportation Authority. (2021; Mar.). Contra Costa Accessible Transportation Strategic Plan, p. 1-3. Accessed August 10, 2023 at https://ccta.net/wp- content/uploads/2021/05/d212e7_17065ead5e7a4124bf45a8401ff0e23a.pdf. 2 Ibid., p. 2-7. 3 Ibid., p. 3-14. 4 Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, p. 22. Accessed August 9, 2023 at https://ehsd.org/wp- content/uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf. 5 Contra Costa Transportation Authority. (2021; Mar.). Contra Costa Accessible Transportation Strategic Plan, p. 3-14. Accessed August 10, 2023 at https://ccta.net/wp- content/uploads/2021/05/d212e7_17065ead5e7a4124bf45a8401ff0e23a.pdf. 6 Ibid., pp. 3-11 to 3-12. 7 Ibid., p. 3-8. 8 Ragland DR et al. (2019; Apr.). Mobility challenges facing older adults: a Contra Costa County case study. UC Office of the President: University of California Institute of Transportation Studies. Accessed August 10, 2023 at https://escholarship.org/uc/item/6j47524x. CONTRA COSTA COUNTY Master Plan for Aging 27 EXAMPLES OF CURRENT EFFORTS RELATED TO TRANSPORTATION The following table provides a sampling of Contra Costa County efforts related to improving transportation. These efforts were identified through desk research and input from IMPACCT Steering Committee members. Effort Overview of the Effort ATSP Implementation Contra Costa County’s 2021 ATSP recommended strategies and an implementation plan for improving accessible transportation based on the results of a study that mapped services against need and collected input from older adults and adults with disabilities. Several recommendations are being implemented by Contra Costa Transportation Authority (CCTA) using Measure X funding (see below), including the following: •Establishment of a Coordinating Entity •Low-Income Fare Subsidy Program, providing eligible individuals with disabilities free tickets for paratransit rides •One-Seat Regional Ride, eliminating the need to transfer services for paratransit riders traveling across multiple transit service areas (https://countyconnection.com/one-seat-regional-ride- program/) CCTA has hired a Program Manager for Accessibility and Equity to oversee implementation. (https://ccta.net/projects/accessible-transportation-strategic-plan/) Way to Go, Contra Costa Way to Go, Contra Costa is a mobility management effort led by Mobility Matters that coordinates efforts between private and public transportation to meet the mobility needs of older adults and adults with disabilities. (http://www.waytogocc.com/) Contra Costa Travel Training Mobility Program The West Contra Costa County Transportation Advisory Committee provides training to older adults and adults with disabilities on using Bay Area transit services and accessing fare discounts. (https://blog.bayareametro.gov/posts/contra-costa-travel-training-program-seniors-disabled) Measure X Measure X is a countywide 20-year, ½ cent sales tax approved by Contra Costa County voters in November 2020. The funds are intended to protect vulnerable populations. The Contra Costa County Board of Supervisors (BOS) approved a CCTA request for $1.4M annually in Measure X funds for the ATSP implementation. The BOS recommended ongoing funding, but it is subject to annual budgetary decisions. (https://www.contracosta.ca.gov/8530/Measure-X) CONTRA COSTA COUNTY Master Plan for Aging 28 KEY STAKEHOLDERS IN TRANSPORTATION The following is a sample of stakeholder groups and organizations that have a role in transportation through service provision, education, and advocacy. These stakeholders have been identified through desk research and feedback from IMPACCT Steering Committee members. These stakeholders may be valuable connections for developing and implementing the Plan for Aging. Stakeholder Name Stakeholder Overview CCTA ATSP Task Force Committee The Task Force Committee oversees strategic planning for the ATSP, investigates funding opportunities, and is establishing the CE to implement ATSP strategies. Activities include Task Force Committee and working group meetings. The ATSP Working Group is a subcommittee of the Task Force. Materials related to past and upcoming and past meetings are housed at https://ccta.net/ meetings/. CCTA Paratransit Coordinating Council (PCC) The PCC advises CCTA on the use of funding for paratransit and accessible transportation services. Materials related to past and upcoming and past meetings are housed at https://ccta.net/meetings/. AC Transit General Manager’s Access Committee (GMAC) The GMAC advises on AC Transit’s services for seniors and individuals with disabilities. The group meets monthly. (https://www.actransit.org/gm-access-committee) Advisory Council on Aging (ACOA) Senior Mobility Action Council (SMAC) SMAC is a work group of the ACOA that advises on transportation issues related to older residents. (https://ehsd.org/elderly-disabled/advisory-council-on-aging/) Contra Costa Departments of Health Services (CCHS) and Employment and Human Services (EHSD) CCH and EHSD maintain transportation programs which could be integrated into the broader County accessible transportation system. For example, CCH has a program providing transportation to medical appointments for Medi-Cal members. (https://cchealth.org/; https://www. contracosta.ca.gov/7705/Employment-Human-Services) Metropolitan Transportation Commission (MTC) The MTC is the transportation coordinating agency for San Francisco Bay Area counties. Every four years, they produce the Coordinated Public Transit-Human Services Transportation Plan, focused on meeting the needs of older adults, adults with disabilities, and individuals with low income. The most recently updated plan is due out winter 2023-24. (https://mtc.ca.gov/planning/transportation/ access-equity-mobility/coordinated-public-transit-human-services-transportation-plan) Mobility Matters Mobility Matters provides mobility management services to help seniors and individuals with disabilities identify transportation services via a helpline and the above-referenced Way to Go, Contra Costa website. Mobility Matters also coordinates free transportation to seniors and veterans via volunteer drivers. (https://www.mobilitymatterscc.com/) County paratransit providers Providers of Paratransit services include the following: •County Connection LINK in Central County(www.countyconnection.com/link) •East Bay Paratransit in Western county (www.eastbayparatransit.org) •WestCAT Paratransit/Senior Dial-a-Ride in Western County (https://westcat.org/home/ ServADAPara) •Tri Delta Transit Paratransit in Eastern Contra Costa County (Paratransit (trideltatransit.com) City of Richmond Transportation Department The City of Richmond has multiple rideshare programs to provide residents with additional transportation services. R-Transit offers rides to older adults and individuals with disabilities in either R-Transit paratransit vehicles or in partnership with Lyft. (https://www.ci.richmond.ca.us/2880/R- Transit-Paratransit) Richmond Moves is the city’s on-demand public shuttle service, powered by Via. Riders use an app to book a low cost rideshare in an electric vehicle. Seniors ride for free. (https:// www.ci.richmond.ca.us/4199/On-Demand-Shuttle) *Additional cities have transportation departments, like Richmond, and may also be considered as key stakeholders for the Plan for Aging. CONTRA COSTA COUNTY Master Plan for Aging 29 TRANSPORTATION INITIATIVES WITHIN THE STATE MASTER PLAN FOR AGING The following 2023–2024 initiatives are included in the state’s Master Plan for Aging (MPA).12 They may be a starting point for determining the priority strategies and actions to include in the Plan for Aging. STRATEGY: TRANSPORTATION BEYOND CARS Age- and disability-friendly transportation networks can be strengthened through community walkability and expansion of bus and transit stops, transit rider education and subsidies, seamless paratransit across transit district lines, and driver safety education. Initiative #7 Use federal and state investments in transportation infrastructure to promote safer, sustainable, and equitable multi-modal mobility options for older adults and adults with disabilities. Initiative #8 Review mobility and demographic data through the Caltrans Transportation Equity Index and incorporate feedback from the Interagency Transportation Equity Advisory Committee to enhance transportation project decision-making, including a focus on the mobility needs of older adults and adults with disabilities. Initiative #9 Support the expansion of integrated accessible transportation models through the following: a) Explore opportunities to strengthen Consolidated Transportation Service Agencies (CTSAs). b) Encourage innovation in flexible transit options, including, but not limited to, rural communities. c) Promote free and reduced fare bus/transit (including using digital ID solutions to streamline access) and transit rider education, with outreach and education about cross-eligibility of paratransit services, as well as integration of fare systems to improve transit passenger experience and increase access in urban, suburban, and rural areas through the California Integrated Travel Project. Initiative #10 Improve community walkability, increase pedestrian safety, and provide accessible and connected transportation options for travelers of all ages and abilities through the California Active Transportation Program and Complete Streets projects. Initiative #11 Support local programs and regional initiatives focused on expanding clean climate transportation options for older adults and adults with disabilities, e.g., Clean Mobility Project Vouchers and zero- emission fleets. 12 Master Plan: 5 Bold Goals. Goal One: Housing for All Ages and Stages. Accessed October 7, 2023 at https://mpa.aging.ca.gov/Goals/1/. CONTRA COSTA COUNTY Master Plan for Aging 30 Appendix C: ISSUE BRIEF: HOUSING INTRODUCTION The “Housing for All Ages and Stages” goal area within the Contra Costa County Master Plan for Aging is concerned with ensuring older adults and adults with disabilities have stable, dignified housing in the communities they choose. The goal area focuses on affordable housing, alternative housing, and homelessness prevention services. This brief summarizes recent data on these focus areas and highlights efforts and stakeholders in the county. It is not exhaustive of all activity related to housing but is a resource for developing the Plan for Aging. INSIGHTS ON HOUSING IN CONTRA COSTA COUNTY BASED ON RECENT DATA Accessible, affordable housing is the most pressing issue for older adults and adults with disabilities in Contra Costa County. As the county’s housing prices continue to rise, in one of the most expensive housing markets in the country, older adults and adults with disabilities increasingly struggle to secure affordable, stable housing that meets individual needs.1 •From 2017 to 2019, median rents in the county increased by 22.2% (compared to a 9.7% increase statewide).2 •As of 2021, 66% of extremely low-income older adults in the county spent more than half of their income on housing costs.3 •According to California Elder Index data, 60% of older adults in Contra Costa County spend more than 30% of their income on housing.4 •In 2022, Contra Costa County had 149.5 affordable housing units per 10,000 people, which was higher than the statewide rate of 138 per 10,000 people but lower than the rates of some other Bay Area counties, such as Santa Clara (158.8), Alameda (181.9), and San Francisco (377.4).5 •As of 2023, 19,521 older adults in the county are on a waiting list for subsidized housing.6 •Contra Costa County Eviction Court Watch observations indicated that from May to October 2022, 18% of tenants in eviction court were ages 65+.7 •Contra Costa County’s 2023 Point-In-Time Count indicated that of the 2,372 homeless persons in the county: 8 o 29% were aged 55+, which was up from 25% per the 2019 Point-In-Time Count; 9 o 42% had a physical disability, and o 49% had a mental health condition. •Among the homeless people served by the Contra Costa County Continuum of Care (CoC) in 2022: 10 o 16% were aged 55 to 64, and 7% were 65+; the number of seniors aged 65+ that CoC served increased by 36% from 2019 to 2022, reflecting the prioritization of those most at risk of COVID-19 complications. o Among people in emergency shelters, 24% were aged 55 to 64, and 13% were aged 65+. 1 Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, p. 9. Accessed July 17, 2023 at https://ehsd.org/wp-content/ uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf. 2 Ibid., pp. 9-10. 3 California Housing Partnership Housing Needs Dashboard. Accessed October 3, 2023 at https://chpc.net/housingneeds/. 4 Advisory Council on Aging (ACOA) Housing Workgroup. (2023; Sep.). No Place to Call Home. [Infographic.] Citing the California Elder Economic Security StandardTM Index (https://elderindex.org/). 5 Master Plan for Aging Data Dashboard. Goal One for 2030: Housing for All Ages and Stages. Strategy A: More Housing Options. Affordable Housing. Accessed July 17, 2023 at https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/housing-for-all-ages-and-stages/. 6 Advisory Council on Aging (ACOA) Housing Workgroup. (2023; Sep.). No Place to Call Home. [Infographic.] Citing Contra Costa Housing Authority 2023 Waitlists. 7 Ibid. Citing Werth A. (2023). Unrepresented: A Report on Eviction Court Watch in Contra Costa County. East Bay Alliance for a Sustainable Economy (https:// workingeastbay.org/wp-content/uploads/2023/01/EBASE-Eviction-Court-Watch-Report.pdf). 8 2023 Contra Costa County Homeless Point-in-Time Count & Survey Summary. (2023; Jun. 13). Accessed August 8, 2023 at Untitled (cchealth.org). 9 2019 Point in Time: Annual Snapshot of Homelessness in Contra Costa County. (2019; Jun. 21). Accessed October 3, 2023 at Untitled (cchealth.org). 10 Advisory Council on Aging Housing Work Group. (2023; Sep. 18). Contra Costa Homeless System of Care. [Ppt. slideset.] CONTRA COSTA COUNTY Master Plan for Aging 31 EXAMPLES OF CURRENT EFFORTS RELATED TO HOUSING The following table provides a sampling of efforts identified related to improving the state of housing. These efforts were identified through desk research and input from IMPACCT Steering Committee members. Effort Overview of the Effort Contra Costa County Continuum of Care (CoC) Representing the largest federal funding source, the CoC Program administered by the US Department of Housing and Urban Development (HUD) establishes funding and operating guidelines for communities across the country. The CoC is comprised of community-based and public agencies and programs that assist people experiencing homelessness by providing supportive services, permanent housing, and data systems. The CoC is governed by the Contra Costa Council on Homelessness, which is also an advisory body to the Board of Supervisors. Contra Costa Health H3 is the Administrative and Data Lead for the CoC and operates the Coordinated Entry System – the system that assesses and prioritizes CoC resources in Contra Costa. (https://cchealth.org/h3/coc/) City of Richmond’s Castro Encampment Resolution Project (CERP) On April 5, 2022, the City Council of Richmond accepted and appropriated a $4.8 million Encampment Resolution Funding (ERF) grant from the California Interagency Council on Homelessness to assist the City in providing services to people living at the Castro Encampment to achieve safe and stable housing. CERP is delivering an array of supportive services to 100+ people living at the Castro vehicle encampment near Castro and Hensley Streets in Richmond. CERP’s objectives include: 1) improving living conditions at the site, 2) assessing the behavioral and other health needs of residents, 3) reducing barriers to stable housing and support, and 4) providing job- related training. The goal is to move all encampment residents to stable housing. Way 2 Love Inc in Richmond is the CERP Project Manager. (https://pub-richmond.escribemeetings.com/filestream. ashx?DocumentId=46798) Based on the success of this project, the City of Richmond received another Encampment Resolution Funding award that will target encampments located on a state right of way. Notice of Intent to Award (ca.gov) Habitat for Humanity and Contra Costa County Neighborhood Preservation Program Home Repair Grants and Loans Habitat for Humanity East Bay/Silicon Valley partnered with the Contra Costa County Neighborhood Preservation Program (NPP) to offer a home repair grants and loans program for low-income families in Contra Costa County. Grants and loans up to $70,000 are available. Owners of mobile homes within Contra Costa County are eligible for the grant program; the grant and loan programming for single family homes is currently closed due to lack of funding. (https://www. habitatebsv.org/services/home-repair/contra-costa-county) Home Match Contra Costa Home Match Contra Costa is a home-sharing service that matches Contra Costa County homeowners seeking companionship, extra income, and help around the house with housemates. The program is a partnership between Concord City Council and Front Porch. (Home Match Contra Costa | Concord, CA (cityofconcord.org) St. Paul’s Commons St. Paul’s Commons in Walnut Creek is an affordable rental community that was created through a collaboration among St. Paul’s Episcopal Church, Resources for Community Development (RCD), City of Walnut Creek, Contra Costa County, and Trinity Center. The land is leased from St. Paul’s Episcopal Church, and the 44 affordable housing apartments are managed by non-profit developer RCD and the John Stewart Company. Trinity Center, a non-profit organization serving the homeless and working poor, is located on-site. (https://stpaulswc.org/st-pauls-commons/) Measure X Measure X is a countywide 20-year, ½ cent sales tax approved by Contra Costa County voters in November 2020. The funds are intended to protect vulnerable populations. The Contra Costa Board of Supervisors (BOS) approved funding for two efforts related to housing. The first is a Local Housing Trust Fund, which received an initial $10M in funding, to address several areas of need, including homelessness prevention and affordable housing. The second effort funded was for permanent supportive housing. This was a one-time allocation of $5.2M to leverage available state funds and work toward creating 84 units of permanent, affordable housing with supportive services. (https://www.contracosta.ca.gov/8530/Measure-X) CONTRA COSTA COUNTY Master Plan for Aging 32 KEY STAKEHOLDERS IN HOUSING The following is a sample of stakeholder groups and organizations that have a role in housing through service provision, education, and advocacy. These stakeholders have been identified through desk research and feedback from IMPACCT Steering Committee members. These stakeholders may be valuable connections for developing and implementing the Plan for Aging. Stakeholder Name Stakeholder Overview Health, Housing, and Homeless Services Division of Contra Costa Health (CCHH3) The CCH H3 Division integrates housing and homeless services within the county health system and coordinates housing and homeless services across county government and the community. CCH H3 operates a homeless service delivery system, serves as the administrative entity for the local homeless Continuum of Care (CoC) (see “Efforts” above), and staffs the Contra Costa Council on Homelessness (see below). CCH H3 direct services include street outreach, emergency shelter, transitional housing for transition-aged youth, and permanent supportive housing for chronically homeless households. (Health, Housing & Homeless Programs | Contra Costa Health (cchealth.org) Contra Costa Council on Homelessness The Council governs all HUD Homelessness Assistance-funded services in the county, including the CoC (see “Efforts” above). The Council provides input on the operations of homeless services and programming and provides a forum for the CoC to communicate its strategies to prevent and end homelessness. The County Board of Supervisors appoints Council members. (Council on Homelessness | Contra Costa Health (cchealth.org)) Housing Authority of Contra Costa County (HACCC) The Housing Authority provides rental subsidies and supportive programs, including public housing, to low-income families, older adults, and adults with disabilities. The Housing Authority is separate from the county government and is a special district. It is led by a seven-member Board of Commissioners, including the five Contra Costa County Board of Supervisors members and two residents participating in HACCC programs. (https://contracostaha.org/about-us/) Contra Costa County Department of Conservation and Development The Contra Costa County Department of Conservation and Development’s Community Improvement group provides affordable housing resources, including a list of affordable or subsidized multiple family rental units, an interactive web application to find affordable rentals, and links to a variety of other housing services provided by public and private entities. (https://www. contracosta.ca.gov/4807/Affordable-Housing) Contra Costa Senior Legal Services (CCSLS) CCSLS provides free legal services to persons age 60+ in Contra Costa County. One of their focus areas is housing issues, including problems related to publicly subsidized housing, such as Section 8, eviction defense, housing conditions, and lockouts and utility shut offs. (https://www.ccsls.org/) Independent Living Resources of Solano & Contra Costa Counties (ILRSCC) ILRSCC engages in advocacy and provides support to empower adults with disabilities to live independently in Solano and Contra Costa Counties. It partners with the community to expand independent living opportunities. In the area of Housing Services, ILRSCC provides information on fair housing laws, helps clients explore rental and home ownership options, and provides help for other housing-related issues, such as landlord/tenant conflicts. (https://www.ilrscc.org/) Hope Solutions Hope Solutions (formerly Contra Costa Interfaith Housing), based in Pleasant Hill, was founded in 1997 by a coalition of local faith communities to provide emergency support to homeless individuals. The organization now provides permanent supportive housing and client-centered vital support services to over 2,200 of the most vulnerable members of the community, with a focus on survivors of intimate partner violence, youth aging out of foster care, people re-entering society post- incarceration, people living with mental health issues, adults with disabilities or special needs, and people living with HIV/AIDS. (https://www.hopesolutions.org/) Habitat for Humanity East Bay/Silicon Valley Habitat for Humanity East Bay/Silicon Valley builds and improves homes to create strong and stable communities. Their areas of focus include homeownership opportunities for qualifying households (i.e., those earning up to 120% of the Area Median Income and willing to contribute sweat equity to home construction) in Alameda, Contra Costa, and Santa Clara counties; affordable home repairs to low-income homeowners; and housing and financial counseling and educational services. (https:// www.habitatebsv.org/) Habitat for Humanity East Bay/Silicon Valley has partnered with the Contra Costa County Neighborhood Preservation Program (NPP) (see below) to provide a home repair grants and loans program in Contra Costa County (see “Efforts” above). (https://www.habitatebsv. org/services/home-repair/contra-costa-county) CONTRA COSTA COUNTY Master Plan for Aging 33 Contra Costa County Neighborhood Preservation Program (NPP) NPP, which is part of Contra Costa County’s Department of Conservation and Development, provides financial assistance to low-income homeowners for home rehabilitation projects to bring homes up to current building codes, eliminate blight, improve energy efficiency, improve accessibility, and enhance older housing stock to promote investment in and the growth of economically integrated communities. NPP has partnered with Habitat for Humanity East Bay/ Silicon Valley (see above) to provide a home repair grants and loans program in Contra Costa County (see “Efforts” above). (https://www.contracosta.ca.gov/4334/Neighborhood-Preservation- Program) Rebuilding Together East Bay Network (RTEBN) RTEBN, based in Berkeley, serves Berkeley, Albany, Emeryville, and Contra Costa County. RTEBN coordinates donors and volunteers to meet community needs for home repairs, renovations, and safety modifications. Their Safe at Home program provides home safety assessments and associated modifications (such as grab bars and wheelchair ramps) for qualified applicants. (https:// www.rtebn.org/) Housing Consortium of the East Bay (HCEB) HCEB, based in Oakland, “creates inclusive communities for individuals with developmental disabilities or other special needs through quality affordable housing in Alameda and Contra Costa County.” In service of this aim, HCEB provides housing outreach and support services; develops affordable housing by partnering with other non-profit and for-profit companies to set aside units within larger rental communities; and owns and manages special needs affordable housing. Since 2013, HCEB has also provided interim housing solutions for unhoused people. (https://hceb.org/) Eden Housing Eden Housing creates and sustains affordable housing communities throughout California. Partnering with cities and local community partners, Eden has a portfolio of over 10,600 homes, serving over 22,000 low-income residents. They focus on serving very low-, low-, and moderate- income families, older adults, veterans, adults with disabilities, and the formerly homeless. (https:// edenhousing.org) East Bay Alliance for a Sustainable Economy (EBASE) Oakland-based EBASE implements campaigns in the East Bay that address issues of social, economic, and racial justice. Their equitable housing development focus area includes affordable housing, renter’s protections, and better transit access. EBASE’s Raise the Roof is a Contra Costa County-based coalition of community, labor, and faith organizations working to ensure that everyone has a home and a sense of safety and belonging. Raise the Roof is pursuing two inter- related policy change agendas in Concord: making Concord a Sanctuary City for immigrants and adopting rent control and “just cause” policies. Both agendas aim to prevent displacement of residents, particularly residents of color. (https://workingeastbay.org/issues/raise-the-roof- concord/) Greater Richmond Interfaith Program (GRIP) GRIP is a multicultural coalition of faith congregations that provides those who are unsheltered and in need in the Richmond / West County area with support that helps them move toward self- sufficiency. GRIP began as a small community food pantry and has evolved into a multiservice agency serving 15,000 homeless, hungry, and low-income community members annually. GRIP provides access to meals, showers, mailboxes, and phones, and they offer case management and housing navigation services for unhoused adults, transitional-aged youth, and families. (https:// gripcares.org/uncategorized/new-hours-of-operation/) Multi-faith ACTION Coalition This coalition of Contra Costa County residents represents some 50 faith communities. Members address the root causes of poverty through advocacy and public policy change, focusing on racial justice. One of their six task forces is Housing and Shelter. (https://www.multifaithactioncoalition.org/) Bay Area Housing Finance Authority (BAHFA) Established by the California state legislature in 2019, BAHFA aims to create regional solutions to the Bay Area’s affordable housing needs. BAHFA is the first regional housing finance authority in California, and it works with the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). BAHFA used the 3Ps framework to address the housing crisis, focusing on protection for residents to avoid displacement, preservation of affordable housing, and production of new housing at all income levels. (https://mtc.ca.gov/about-mtc/ authorities/bay-area-housing-finance-authority-bahfa) If BAHFA approves a pending affordable housing bond measure for the nine-county Bay Area, it will appear on voters’ ballots for the November 2024 election. If successful, this measure could provide $10 to $20 billion for affordable housing, with each county receiving a share equivalent to what their residents paid in taxes. (https://oaklandside.org/2023/08/21/bay-area-regional-housing-bond-2024/#:~:text=BAHFA%20 projects%20that%20a%20%2420,the%20local%20revenue%20much%20farther) CONTRA COSTA COUNTY Master Plan for Aging 34 HOUSING INITIATIVES WITHIN THE STATE MASTER PLAN FOR AGING The following 2023–2024 initiatives are included in the state’s Master Plan for Aging (MPA).23 They may be a starting point for determining the priority strategies and actions for the Plan for Aging. STRATEGY: MORE HOUSING OPTIONS California communities are increasingly developing more affordable housing options to meet the needs of all stages of life for all people, regardless of age, race, income, ability, or household size. The production, protection, and preservation of affordable housing, including Accessory Dwelling Units and Residential Care Facilities of all sizes, will support older adults, caregivers, and their families. Initiative #1 Increase the supply of climate-friendly, affordable rental and homeownership opportunities for older adults and adults with disabilities through streamlining of local, state, and federal funding. Initiative #2 Explore emerging local government models to inform consideration of Rental Subsidy Programs for older adults and adults with disabilities. Identify existing program parameters including subsidy amount, duration, eligibility criteria, and priority populations. Initiative #3 Address the housing needs of older adults and adults with disabilities by promoting statewide access to integrated models, including connections to social services, healthcare, housing, and home and community- based services, e.g., Community Care Expansion, Healthier at Home, and others in support of Californians remaining in their own homes and communities. Initiative #4 Implement the Veterans Support of Self-Reliance pilot program to provide enhanced supportive services for veterans aged 55 and over who reside in permanent supportive housing. Initiative #5 Identify barriers to the production of Accessory Dwelling Units (ADUs) and assess opportunities for local, state, and federal action to continue delivering on opportunities to increase housing production, including ADUs. Initiative #6 Analyze expenditures from California’s housing finance programs to determine impact on older adults and adults with disabilities and the extent to which the programs have benefitted this population. 23 Master Plan: 5 Bold Goals. Goal One: Housing for All Ages and Stages. Accessed October 7, 2023 at https://mpa.aging.ca.gov/Goals/1/. CONTRA COSTA COUNTY Master Plan for Aging 35 Appendix D: ISSUE BRIEF: HEALTH INTRODUCTION The “Health Reimagined” goal area within the Contra Costa County Master Plan for Aging is centered on ensuring all older adults and adults with disabilities in Contra Costa County have equal and equitable access to quality health services, both in facilities and in community settings. Areas of focus within the health goal area include equitable health care, geriatric service expertise and options, bridging care between settings, mental and behavioral health, and end-of-life care. This brief summarizes recent data related to all these focus areas except mental and behavioral health (which are addressed in a separate brief) and highlights current efforts and stakeholders in the county. INSIGHTS ON HEALTH IN CONTRA COSTA COUNTY BASED ON RECENT DATA While Contra Costa County has various health-related services and supports tailored to the needs of older adults and adults with disabilities, factors such as primary care shortages, scarcity of transportation, and limited geriatric and dementia care present challenges to these residents obtaining equitable, consistent, and high-quality care. Contra Costa County particularly needs more in-home and other community-based care and services that facilitate successful aging-in-place. •In 2020, 21% of civilians in Contra Costa County lived in a primary care shortage Medical Service Study Area (MSSA). The problem was particularly acute in East County.1 •While 96.3% of adults ages 60+ in Contra Costa County reported having a usual source of healthcare in 2020, accessing care has become increasingly difficult due to lack of transportation, especially in East County and West County.2, 3 •As of 2023, Contra Costa County has two accredited/emerging Geriatric Emergency Departments (of seven Emergency Departments, in total).4 •As of September 2023, the CVS Health MinuteClinic in Walnut Creek and the Veterans Health Administration Geriatrics Outpatient Clinics in Martinez had received the Institute for Healthcare Improvement (IHI) designation of “ Age-Friendly Health Systems Committed to Care Excellence”.5 •Program of All-Inclusive Care for the Elderly (PACE) services have been offered in West Contra Costa County for over four decades. A new PACE Center opened in Concord in 2021.6, 7 (see “Efforts” below). •As of 2021, 1.2% of older adults ages 65+ residing in Contra Costa County (vs. 1.0% of California older adults overall) were living in long-term care facilities, including facilities for skilled nursing, intermediate care, congregate living health, and hospice.8 •That same year, Contra Costa County had 33 skilled nursing facilities (SNFs) and 1,511 licensed SNF beds per 100,000 older adults ages 65+ 9, and the skilled nursing facility occupancy rate was 82.0% (vs. 78.5% for California overall).10 1 Master Plan for Aging Data Dashboard. Goal Two for 2030: Health Reimagined. Strategy B: Health Care as We Age. Primary Care Shortage. Accessed July 17, 2023 at https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/health-reimagined/. 2 Ibid. Usual Source of Care. 3 Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, pp. 6-7. Accessed July 17, 2023 at Contra-Costa-County- 2020-2024-Area-Plan-on-Aging.pdf (ehsd.org). 4 Master Plan for Aging Data Dashboard. Goal Two for 2030: Health Reimagined. Strategy D: Geriatric Care Expansion. Geriatric EDs. Accessed July 17, 2023 at https:// letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/health-reimagined/. 5 IHI. (2023). Age-Friendly Heath Systems - Health Systems Recognized by IHI. Accessed October 31, 2023 at Age-Friendly Health Systems Recognized Health Care Sites | Institute for Healthcare Improvement (ihi.org). (See also the map at https://www.johnahartford.org/ahimap/.) 6 Pace Concord Is Now Open! (2021; May 27). Accessed November 2, 2023 at https://cei.elders.org/pace-concord-is-now-open/. 7 Center for Elders’ Independence PACE Center now open in Contra Costa County. [Press Release.] (2023). The Pioneer. Accessed August 9, 2023 at https:// pioneerpublishers.com/center-for-elders-independence-pace-center-now-open-in-contra-costa-county-2/. 8 Master Plan for Aging Data Dashboard. Goal Two for 2030: Health Reimagined. Strategy F: Nursing Home Innovation. Long-Term Care Living. Accessed July 17, 2023 at https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/health-reimagined/. 9 Ibid., SNF Availability. 10 Ibid., SNF Occupancy. CONTRA COSTA COUNTY Master Plan for Aging 36 •In-home care was reported to be the greatest need among older adults in Contra Costa County, per key informants interviewed in 2020 for the 2020-2024 Area Plan on Aging.1 •A 2019 survey of Contra Costa County older adults found that just under half had made any changes to ensure injury prevention in their homes (such as installing shower grab bars), and less than a third had made all necessary changes.2 •Contra Costa County does not have an Aging and Disability Resource Center.3 ADRCs support people of all ages, incomes, and disabilities to access a wide array of LTSS options in the community.4 EXAMPLES OF CURRENT EFFORTS RELATED TO HEALTH The following table provides a sampling of efforts identified within Contra Costa County related to improving health and health services. These efforts were identified through desk research and input from IMPACCT Steering Committee members. Effort Overview of the Effort Center for Elders’ Independence | East Bay Senior Care Center for Elders’ Independence (CEI) opened a new PACE center in Concord in 2021. PACE Concord offers a full-service seniors-only medical clinic, social and activity facilities, computer lab and gym, spiritual room, transportation, and meals. For those enrolled in both Medicare and Medi- Cal (“dual eligibles”), these payors reimburse CEI for PACE services. CEI also accepts people enrolled only in Medicare or in Medi-Cal, and people who want to pay privately. (22-64-MAQs_2022_ English_Printer.pdf (elders.org)) Choice in Aging In June 2022, the California legislature approved $10 million for Choice in Aging to initiate development of an Aging in Place campus in Pleasant Hill that will serve as “a national model for aging independently in the community with wrap around health and social services outside a senior’s front door.” The campus will include apartments for low-income seniors, a new Adult Day Health Care (ADHC) facility, and a new Montessori intergenerational preschool. Additional funding has been sought from Contra Costa County, the City of Pleasant Hill, and individual donors. (10 Mil Press Release (cdn-website.com)) Contra Costa County Senior Resource Expansion Contra Costa County Senior Resource Expansion, funded by John Muir Health’s Community Health Fund, involves a collaboration among Meals on Wheels Diablo Region, Choice in Aging, Contra Costa Senior Legal Services, and Empowered Aging. This effort aims to enhance awareness and access to a broad range of services for seniors, including health services. Phase 1 (2020) focused on East Contra Costa County. Phase 2 (2021) focused on underserved populations in this same area. Phase 3 involved an expansion to West and Central Contra Costa County. The project is seeking Measure X support. (https://www.johnmuirhealth.com/about-john-muir-health/community-commitment/ community-health-fund/current-health-partnerships/senior-resource-initiative.html) Healthcare Career Pathway The Healthcare Career Pathway is a partnership of Empowered Aging, Mt. Diablo Adult Education, and Opportunity Junction to address the shortage of Certified Nursing Assistants in Contra Costa County. The program is cited as a Local Model in the State Master Plan for Aging. (https:// empoweredaging.org/healthcare-career-pathway/) 1 Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, p. 23. Accessed July 17, 2023 at Contra-Costa-County-2020- 2024-Area-Plan-on-Aging.pdf (ehsd.org). 2 Ibid., p. 21. 3 Master Plan for Aging Data Dashboard. Goal Two for 2030: Health Reimagined. Strategy A: Bridging Health Care with Home. ADRC. Accessed July 17, 2023 at https:// letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/health-reimagined/. 4 California Department of Aging. (2023). ADRC program overview. Accessed August 10, 2023, at https://aging.ca.gov/Providers_and_Partners/Aging_and_Disability_ Resource_Connection/ADRC_Program_Overview/#:~:text=ADRCs%20are%20intended%20to%20act,Support%20options%20in%20the%20community. CONTRA COSTA COUNTY Master Plan for Aging 37 KEY STAKEHOLDERS IN HEALTH The following is a sample of Contra Costa County stakeholder groups and organizations that have a role in equitable care, bridging the gap between care settings, aging in place, and end-of-life care through service provision, education, and advocacy. These stakeholders have been identified through desk research and feedback from IMPACCT Steering Committee Steering Committee members. These stakeholders may be valuable connections for developing and implementing the Plan. Stakeholder Name Stakeholder Overview Contra Costa Health | Home (cchealth.org) Contra Costa Health is the largest department of the Contra Costa County government. Its mission is “to care for and improve the health of all people in Contra Costa County with special attention to those who are most vulnerable to health problems.” Contra Costa Health is an integrated system of health care services, community health improvement, and environmental protection that anticipates and is responsive to community needs. It works in partnership with patients, cities, communities, and other health, education, and human service agencies. (About Contra Costa Health | Contra Costa Health (cchealth.org)) Choice in Aging Choice in Aging’s mission is “to create opportunities where people can learn, grow, and age independently with dignity in community.” In Contra Costa County, Choice in Aging operates two Adult Day Health Care (ADHC) facilities, a Multipurpose Senior Services Program (MSSP), two Alzheimer’s Day Care Resource Center programs, and a California Community Transitions Project that helps Medi-Cal eligible patients in skilled nursing facilities move into their own homes or other community settings with appropriate supports. The organization is also involved in other collaborations to improve health and health services for older adults (see “Efforts” above). (https:// choiceinaging.org/) Empowered Aging Previously known as Ombudsman Services of Contra Costa, Solano and Alameda, Empowered Aging educates, empowers, and partners with older adults and adults with disabilities to help them navigate the aging continuum and meet their unique needs. Empowered Aging serves as Long-Term Care Ombudsman, advocating for residents in long-term care facilities to ensure that they live free from abuse and neglect and receive quality care. In addition, Empowered Aging has partnered with Contra Costa Legal Services to offer the Resident Empowerment Program, which provides residents of long-term care facilities in Contra Costa County with screening, education, and legal counsel (e.g., to put in place Health Care Directives). (https://empoweredaging.org/) Developmental Disabilities Council | Contra Costa Health (cchealth.org) The Developmental Disabilities Council of Contra Costa County serves as an advisory body to the County Board of Supervisors and takes a leadership role in collaboration and planning while also providing resource information to the community. Members include over 500 individuals, agencies, and organizations. One of the aims of the Council is to increase access to healthcare for individuals with developmental disabilities. (Developmental Disabilities Council | Contra Costa Health (cchealth.org)) Rebuilding Together East Bay Network (RTEBN) RTEBN, based in Berkeley, serves Berkeley, Albany, Emeryville, and all Contra Costa County. RTEBN coordinates donors and volunteers to meet community needs for home repairs, renovations, and safety modifications. Among other services, their Safe at Home program provides home safety assessments and associated modifications (such as grab bars and wheelchair ramps) for qualified applicants. (https://www.rtebn.org/) Multi-Faith ACTION Coalition This coalition of Contra Costa County residents represents some 50 faith communities. Members work together to address the root causes of poverty through advocacy and public policy change, with a particular focus on racial justice. One of their six task forces is Health Care. (https://www. multifaithactioncoalition.org/) CONTRA COSTA COUNTY Master Plan for Aging 38 HEALTH INITIATIVES WITHIN THE STATE MASTER PLAN FOR AGING The following 2023–2024 initiatives are included in the state’s Master Plan for Aging (MPA).1 They may be a starting point for determining the priority strategies and actions for the Plan for Aging. STRATEGY: BRIDGING HEALTH CARE WITH HOME Through innovative partnerships with the federal government, health plans, health systems, and community-based organizations, California can innovate and test new models of health care delivery that maximize access to the services – and, as a result, avoid unnecessary institutionalization. Initiative #18 Continue to evaluate options for developing a Universal Long-Term Services and Supports (LTSS) benefit. Support research, data collection, and analysis of long-term services and supports financing for older adults and adults with disabilities. Initiative #19 Develop a two-part Home and Community-Based Services (HCBS) Multiyear Roadmap. Each of these efforts seeks to improve access to HCBS services statewide, prioritizing planning for the development of programs for underrepresented populations and services in underserved areas of the state: Medi-Cal HCBS and Managed LTSS Multiyear Roadmap, Non-Medi-Cal HCBS Multiyear Roadmap. Initiative #20 Finalize implementation of the federal Center for Medicare and Medicaid Services HCBS Settings Final Rules to protect the rights of Medi-Cal beneficiaries to receive HCBS services in settings that promote inclusion in the community and guard against isolation. Initiative #21 Collect and analyze utilization data upon full implementation of CalAIM Enhanced Care Management and Community Supports to evaluate use by older adults and adults with disabilities to ensure access to coordinated, whole-person care. Initiative #22 Facilitate opportunities for community-based organizations to develop business acumen and organizational capacity to partner with managed care entities to ensure access to culturally responsive services for older adults and adults with disabilities. Initiative #23 Advance implementation of the California Community Transitions program and the Community Living Fund as key programs that allow older adults and adults with disabilities to transition from institutional settings to the community and prevent institutionalization. Initiative #24 Continue to expand access to the Medi-Cal Assisted Living Waiver, the Home and Community-Based Alternatives Waiver, the Program for All-Inclusive Care for the Elderly (PACE), Community-Based Adult Services (CBAS), and the Multipurpose Senior Services Program (MSSP). Initiative #25 Support older adults who are transitioning to community living from incarceration or other secured settings, leveraging opportunities through CalAIM Enhanced Care Management and Community Supports as well as the Returning Home Well initiative to locate housing for older adult parolees who would otherwise be released without access to secure housing options. 1 Master Plan: 5 Bold Goals. Goal One: Housing for All Ages and Stages. Accessed October 7, 2023 at https://mpa.aging.ca.gov/Goals/1/. CONTRA COSTA COUNTY Master Plan for Aging 39 STRATEGY: HEALTH CARE AS WE AGE California can continue to lead the nation in pursuing strategies to increase access across the spectrum of health care services, including modernizing Medicare counseling services and developing new generic drug manufacturing partnerships, to improve access and care options. Initiative #26 Fully eliminate the Medi-Cal asset test by January 1, 2024, to help more older adults avoid impoverishment to qualify for Medi-Cal, accessing services and supports needed as they age. Initiative #27 Subject to funding availability and federal approval, increase the Medi-Cal maintenance needs income level (after health care expenses) to 138 percent of the Federal Poverty Limit (FPL) (currently around $1,500 per month) beginning in 2025 (per provisions included in the 2022-23 Budget Act). Initiative #28 Improve health care affordability and reduce delays in coverage for older adults and adults with disabilities through Medicare and Medi-Cal changes to be implemented under federal regulations tied to the Consolidated Appropriations Act of 2021. Initiative #29 Advance the statewide goals of better integrating, coordinating, and aligning services across the Medicare and Medi-Cal programs for California’s dual eligible beneficiaries. Initiative #30 Convene Medicare Advantage plans in partnership with the Centers for Medicare and Medicaid Services (CMS) to explore innovative strategies and common goals to improve quality, access, affordability, and equity for Medicare beneficiaries in California. Initiative #31 Partner with the Mental Health Services Oversight and Accountability Commission (MHSOAC) to expand the Program to Encourage Active Rewarding Lives for Seniors (PEARLS) evidence-based behavioral health program to reach more older adults in more California communities and bring the innovative AgeWise model to scale for replication statewide. Initiative #32 Focus on risk reduction and prevention strategies based on data reported by the California Violent Death Reporting System (VDRS) to address individuals most at risk of suicide, including older adults aged 85 and above who experience the highest suicide rates statewide. STRATEGY: LIFELONG HEALTHY AGING By fostering healthy environments beginning at birth, expanding access to prevention programs, and developing culturally competent public health educational tools and services, California communities can reduce some of the greatest and most inequitable health disparities. Initiative #33 Identify promising practices in collaboration with public/private partners that promote lifelong healthy aging and brain health, while maximizing independence and community integration. Initiative #34 Examine, with an equity lens, available data to determine the consequences of long-term COVID-19 on older adults and adults with disabilities to develop sustainable services and supports. Initiative #35 Commit to a robust rollout of the Physician Orders for Life-Sustaining Treatment (POLST) registry to include consumer education, provider training, streamlined workflows, and technology support. Initiative #36 Include palliative care services for members with serious illness in model contract language for Medicare Advantage Dual Eligible Special Needs Plans. Initiative #37 Lead statewide, regional, and local COVID-19 vaccination initiatives to keep at-risk populations current with their vaccine and booster series through targeted paid media, earned media, strategic partnerships, and community outreach to focus on equitable access for Californians most at risk of COVID-19 infection, including older adults, adults with disabilities, Latinos, and Blacks. CONTRA COSTA COUNTY Master Plan for Aging 40 STRATEGY: GERIATRIC CARE EXPANSION California is home to some of the foremost geriatric experts in the country. Expanding Geriatric Emergency Department certification and increasing geriatric training opportunities will ensure our health care system is staffed by teams including geriatricians and gerontologists, as well as nurses and social workers with geriatric training. Initiative #38 Expand opportunities for pipeline, stipends, tuition assistance, and loan forgiveness to undergraduate, graduate, and professional students to encourage academic and clinical focus on geriatrics, gerontology, and behavioral health. Initiative #39 Map the statewide distribution of accredited Geriatric Emergency Departments (GEDs), prioritizing expansion to underserved areas, including rural communities and Veteran’s Affairs Medical Centers. Initiative #40 Promote Age-Friendly Health System principles and encourage adoption of evidence-based practices to align with what matters most to older adults and their families, including in the Veteran’s Affairs network. Initiative #41 Develop and implement programs specific to care of the incarcerated aging and disabled population. Initiative #42 Expand treatment services and placement options for the aging population served by the state hospital system. STRATEGY: DEMENTIA IN FOCUS Continue California’s leadership commitment to target clinical research into Alzheimer’s on gender and racial disparities. Initiative #43 Improve access to the Alzheimer’s Day Care Resource Center (ADCRC) model for rural and disproportionately impacted communities by leveraging the Cal-COMPASS Learning Community. Initiative #44 Replicate best practices developed as part of California’s Healthy Brain Initiative and Blue Zone® efforts to extend statewide expertise in cultural competence, community outreach, caregiver education, workforce development, and local planning for people at risk of developing Alzheimer’s, individuals with dementia, and family caregivers. Initiative #45 Continue to improve the dementia assessment and diagnostic process through California’s innovative Dementia Care Aware program developed to train more primary care providers who serve older adults, including people with Down Syndrome. STRATEGY: NURSING HOME INNOVATION California can emerge from the COVID-19 pandemic with renewed commitment to innovation in quality care, including such areas as value-based payment and architectural redesign to smaller, more home-like environments. Initiative #46 Monitor implementation of the statewide transition to Medi-Cal managed long-term care (nursing home care) to assess impacts on older adults and adults with disabilities. Initiative #47 Improve nursing home quality for older adults and adults with disabilities by reforming the financing methodology for Skilled Nursing Facilities as outlined in AB 186 (Chapter 46, Statutes of 2022) the Medi-Cal Long-Term Care Reimbursement Act, to incentivize and hold facilities accountable for staffing levels and quality resident care, working with consumer advocates, providers, and labor unions to establish the methodology, parameters, and eligibility criteria. Initiative #48 Implement the Veterans Home master plans to continue to provide premier care and services at eight state facilities across California. Initiative #49 Ensure resident rights, individual preferences, and cultural values are considered to mitigate transfer trauma by evaluating best practices and developing a protocol for facility closures. Initiative #50 Promote the availability of the Cal Long-Term Care Compare website as a no-cost, objective, transparent, public resource designed to be an accessible, user friendly, and easy to navigate source of nursing home quality data. Initiative #51 Reduce or prevent social isolation among nursing home residents in the event of future public health emergencies by addressing the concerns of residents and family members. Develop recommendations that balance public safety with the benefits of social engagement, personal connection, and community support. CONTRA COSTA COUNTY Master Plan for Aging 41 Appendix E: ISSUE BRIEF: BEHAVIORAL AND MENTAL HEALTH INTRODUCTION The “Health Reimagined” goal area within the Contra Costa County Master Plan for Aging is centered on ensuring all older adults and adults with disabilities in Contra Costa County have equal and equitable access to quality health services, both in facilities and in community settings. Areas of focus within the health goal area include equitable health care, geriatric service expertise and options, bridging care between settings, mental and behavioral health, and end-of-life care. This brief focuses on the area of mental and behavioral health within the health goal. It summarizes recent data and highlights current efforts and stakeholders in the county. INSIGHTS ON MENTAL AND BEHAVIORAL HEALTH IN CONTRA COSTA COUNTY BASED ON RECENT DATA Nationally, adults with disabilities report experiencing frequent mental distress close to five times as often as adults without disabilities, and they have significantly higher rates of substance use.1, 2 Although the use of illicit drugs among older adults is much lower than among other adults, it is currently increasing, and changes in physical, social, economic, and emotional circumstances contribute to the risk of both mental health challenges and substance use among older adults.3, 4 In Contra Costa County, assessments indicate that adults with disabilities, older adults, and the family caregivers who support and care for them have significant mental and behavioral health needs. •In 2016, 44.4% of adults in Contra Costa County with disability status due to a physical, mental, or emotional condition reported needing help for an emotional/mental health problem or for use of alcohol/drugs in the past 12 months (vs. 11.7% of adults without a disability).5 •In 2021, 9.7% of adults ages 60+ in Contra Costa County reported needing help for an emotional/ mental health problem or for use of alcohol/drugs in the past 12 months, and 11.4% of adults ages 60+ reported seeing a healthcare provider for these issues during that period.6 •In 2020, there were 33 suicides among adults ages 60+ in Contra Costa County, which translated to 11.2 per 100,000.7 •In 2021, 29.1% of Contra Costa County adults who provided caregiving to a friend or family member with illness/disability reported needing help for an emotional/mental health problem or for use of alcohol/drugs in the past 12 months (vs. 25.3% of adults not providing such caregiving).8 •Family caregivers in Contra Costa County serving older adults, most of whom were themselves older adults, evidenced a mean Caregiver Strain Index score of 10.4 per a 2019 Contra Costa County survey. The possible score range is 0-22, with a score of 7 or higher indicating considerable strain.9 1 Cree RA et al. (2020; Sep. 11). Frequent mental stress among adults, by disability status, disability type, and selected characteristics--United States, 2018. MMWR, 69(36): 1238-1243. Accessed August 8, 2023 at: https://www.cdc.gov/mmwr/volumes/69/wr/mm6936a2.htm. 2 Czeisler ME et al. (2021; Aug. 27). Mental health and substance use among adults with disabilities during the COVID-19 pandemic--United States, February-March 2021. MMWR, 70(34): 1142-1149. Accessed August 8, 2023 at: https://www.cdc.gov/mmwr/volumes/70/wr/mm7034a3.htm. 3 WHO. (2017; Dec. 12). Mental health of older adults. Accessed August 8, 2023 at: https://www.who.int/news-room/fact-sheets/detail/mental-health-of-older- adults#:~:text=In%20addition%2C%20older%20people%20are,may%20require%20long%2Dterm%20care. 4 NIDA. (2020; Jul.) Substance use in older adults DrugFacts. Accessed August 8, 2023 at: Substance Use in Older Adults DrugFacts | National Institute on Drug Abuse (NIDA) (nih.gov). 5 California Health Interview Survey. AskCHIS. Mental and Emotional Health. Access and utilization. Needed help for emotional/mental health programs or use of alcohol/ drug. Accessed July 19, 2023 at California Health Interview Survey (CHIS) (ucla.edu). 6 Ibid. 7 Master Plan for Aging Data Dashboard. Goal Two for 2030: Health Reimagined. Strategy C: Lifelong Healthy Aging. Suicide. Accessed July 17, 2023 at https:// letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/health-reimagined/. 8 California Health Interview Survey. AskCHIS. Mental and Emotional Health. Access and utilization. Needed help for emotional/mental health programs or use of alcohol/ drug. Accessed July 19, 2023 at California Health Interview Survey (CHIS) (ucla.edu). 9 Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, pp. 22-23. Accessed July 17, 2023 at https://ehsd.org/wp- content/uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf. CONTRA COSTA COUNTY Master Plan for Aging 42 Stakeholder Name Stakeholder Overview Contra Costa Behavioral Health Contra Costa Behavioral Health partners with community members, staff, and community-based agencies to provide welcoming, integrated mental health, substance use, and other services that promote well-being and recovery while respecting the complexity and diversity of those who are served. (https://cchealth.org/bhs/) Monument Impact Monument Impact is a community-based organization with sites in Concord and Antioch that aims to “ensure that immigrants, refugees, and low-income residents in Central and East Contra Costa County have the voice, tools, and relationships necessary to have an equitable share of the social and economic wealth of our region.” The organization’s Healthy Community Programs are led by Spanish-speaking promotores (promoters) who give community members tools to be active, healthy, and connected. One of these programs, Mentes Positivas en Acción (Positive Minds in Action) is designed to give community members who are living with stress and depressive symptoms tools to improve their mental health. (Mentes Positivas en Acción - Monument Impact) Rainbow Community Center Based in Concord, the Rainbow Community Center provides support and social opportunities to the LGBTQIA+ community and its allies in Contra Costa County. The Center provides community mental health services, a houseless transitional youth program and other programming for young people, a food pantry, HIV education and prevention programming, older adult programming, and professional development and training for other organizations to improve LGBTQIA+ practices. The Center’s community mental health services include outpatient individual therapy, relational therapy, and group therapy for LGBTQIA+ communities. (https://www.rainbowcc.org/counseling) VistAbility VistAbility is a community-based organization that was founded in 1965 by family members of individuals with intellectual and developmental disabilities. Their services have expanded over the years, and they now offer a range of community access, employment, family support, early start, and behavioral health services for people of all ages with developmental disabilities and other complex needs across the East Bay. VistAbility offers behavioral health services in Richmond for immigrant adults who speak a variety of Asian languages (see also Examples of Current Efforts, above). (https:// vistability.org/#home) CONTRA COSTA COUNTY Master Plan for Aging 43 Appendix F: EQUITY & INCLUSION INTRODUCTION The “Inclusion & Equity, Not Isolation” goal area within the Contra Costa County Master Plan for Aging includes a focus on age-friendly access, social connections, anti-ageism and ableism, transportation, and protection from abuse and neglect among older adults and adults with disabilities. This brief summarizes Contra Costa County data, efforts, and stakeholders related to these focus areas, except transportation, which is covered in a separate brief. It is not exhaustive of all activity in Contra Costa County related to inclusion and equity but is a resource for developing the Plan for Aging. INSIGHTS ON INCLUSION AND EQUITY IN CONTRA COSTA COUNTY BASED ON RECENT DATA Fostering inclusion and equity in Contra Costa County involves ensuring individuals of all ages and abilities can access services, volunteer and work opportunities, and avenues for social connection, while also protecting them from abuse and isolation. •According to a 2019 Contra Costa County needs assessment, 39% of older adult respondents lived alone. Among respondents, more older adults were living alone in Central County than in East and West Counties.1 •In 2020, 70.2% of adults 65+ in Contra Costa County reported being “hardly ever lonely”, while 28.9% were “lonely some of the time”.2 •In 2020, 94.3% of adults 60+ in Contra Costa County reported that people in their neighborhood were willing to help. This was higher than the statewide average of 86.1%.3 •In 2018, 53.7% of adults 60+ in Contra Costa County had performed volunteer work or community service in the past year.4 •In 2019, 88.8% of households with at least one older adult reported having high-speed broadband availability. This was higher than the statewide average of 78.0%.5 •The Adult Protective Services (APS) case rate for clients 65+ in Contra Costa County was 3,867 per 100,000 residents in 2019. This was lower than the statewide rate of 6,338 per 100,000 residents.6 •The most common self-neglect cases documented by APS for clients 65+ in Contra Costa County in 2020 were neglect of residence (51.4%) and neglect of physical care (39.7%). The most common type of abuse case documented was financial abuse or abduction (50.1%).7 1 Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, p. 21. Accessed August 9, 2023, at Contra-Costa-County- 2020-2024-Area-Plan-on-Aging.pdf (ehsd.org). 2 2020 California Health Interview Survey: AskCHIS. Loneliness Scale (UCLA 3-Item Loneliness Scale). Accessed August 10, 2023, at California Health Interview Survey (CHIS) (ucla.edu). 3 State Master Plan for Aging Data Dashboard, Goal Three for 2030: Inclusion and Equity, Not Isolation. Accessed August 10, 2023, at https://letsgethealthy.ca.gov/mpa- data-dashboard-for-aging/inclusion-and-equity-not-isolation/. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. CONTRA COSTA COUNTY Master Plan for Aging 44 EXAMPLES OF CURRENT EFFORTS RELATED TO INCLUSION AND EQUITY The following table provides a sampling of Contra Costa County efforts to improve inclusion and equity. These efforts were identified through desk research and input from IMPACCT Steering Committee members. Effort Overview of the Effort Elder Abuse Prevention Project This project is a partnership among multiple public and private Contra Costa County organizations to improve coordination in serving older adults experiencing abuse. Based on data from the Adult Protective Services caseload, it focuses on identified areas of greatest need including financial abuse, case management, and counseling. (http://cocoelderjustice.org/) Home Match Contra Costa Home Match Contra Costa is a home-sharing service that matches Contra Costa County homeowners seeking companionship, extra income, and help around the house with housemates. The program is a partnership between Concord City Council and Front Porch. (Home Match Contra Costa | Concord, CA (cityofconcord.org)) Meals on Wheels Diablo Region Friendly Visitor, Caller, and Helper Program To address older adult isolation, this program matches older adults with volunteers for weekly visits, calls, or errands. (https://www.mowdiabloregion.org/friendly-visitors-callers-and-helpers) Rainbow Community Center Friendly Visitor Program This program, based in Concord, offers case worker home visits to link LGBTQIA+ older adults to key services and supports and reduce social isolation. (https://www.rainbowcc.org/senior- programs) Rainbow Community Center Senior Outreach & Advocacy Programming (SOAP) This program educates senior care facility staff on LGBTQIA+ cultural competency issues and advocates for LGBTQIA+ seniors who may be experiencing discrimination at senior living facilities. (https://www.rainbowcc.org/senior-programs) Well Connected and Well Connected Español Well Connected, a program of Front Porch, is an online and phone-based community for older adults to participate in social and educational groups and classes. Programs foster intellectual stimulation and connection among participants. The programs are open to older adults nationally, but many participants are from California and the Bay Area. (https://covia.org/programs/well- connected/) Café Costa Café Costa is an Employment & Human Services Department (Area Agency on Aging) program that provides congregate meals for older adults in locations across the county. The program provides older adults with nutritious meals as well as opportunities for social connection. (Senior Nutrition Program’s Cafe Costa | EHSD) ElderTech Academy This program connects older adults with high school student technology tutors, with the goal of improving older adults’ technology skills as well as promoting intergenerational understanding and relationships. Senior centers, libraries, and school districts in Contra Costa County have partnered to deliver the program. (http://eldertechacademy.com/) Young at Heart program at Choice in Learning Montessori Choice in Aging runs the Choice in Learning Montessori preschool in Pleasant Hill, which includes an intergenerational component where students and older adult participants from the neighboring Mt. Diablo Center ADHC interact for activities and learning. (https://cilmontessori. org/programs/) Mt. Diablo Center and The Bedford Center Adult Day Health Care (ADHC) Choice in Aging runs two ADHC programs for older adults and adults with disabilities in Pleasant Hill and Antioch. The programs provide physical and cognitive care and opportunities for social interaction, aiming to foster participants’ wellbeing and sense of purpose and community. (Adult Day Health Care (choiceinaging.org)) Healthcare Career Pathway The Healthcare Career Pathway is a partnership of Empowered Aging, Mt. Diablo Adult Education, and Opportunity Junction to address the shortage of Certified Nursing Assistants in Contra Costa County. The program provides training and assistance to support students in becoming certified caregivers, including training on providing person-centered care to older adults. The program is cited as a Local Model in the State Master Plan for Aging. (https:// empoweredaging.org/healthcare-career-pathway/) Measure X Measure X is a countywide 20-year, ½ cent sales tax approved by Contra Costa County voters in November 2020. The funds are generally intended to protect vulnerable populations. The Contra Costa County Board of Supervisors (BOS) approved the dedication of funds to go towards developing a local plan on Aging and provide capacity building and direct funding support to agencies providing services to older adults and adults with disabilities. (https://www.contracosta. ca.gov/8530/Measure-X) CONTRA COSTA COUNTY Master Plan for Aging 45 KEY STAKEHOLDERS IN INCLUSION AND EQUITY The following is a sample of stakeholder groups and organizations with a key role in the “Inclusion & Equity, Not Isolation” goal area through service provision, education, and advocacy. These stakeholders have been identified through desk research and feedback from IMPACCT Steering Committee members. These stakeholders may be valuable connections for developing and implementing the Plan for Aging. Stakeholder Name Stakeholder Overview Contra Costa Senior Legal Services (CCSLS) CCSLS provides free legal services to persons 60+ in Contra Costa County. One of their focus areas is preventing elder abuse, and they are one of the partner organizations involved in the Elder Abuse Prevention Project (see “Efforts” above). (https://www.ccsls.org/) Independent Living Resources Independent Living Resources is a non-profit serving adults with disabilities, seniors, and their families and service providers in Contra Costa and Solano Counties. Their goal is to “incorporate those with disabilities into the community — eliminating all institutional, social, and attitudinal barriers that hinder progress.” (https://www.ilrscc.org/) Village Movement California: Ashby Village (Richmond), Clayton Valley Village (Clayton, Concord), and Lamorinda Village Village Movement California is a coalition of grassroots community organizations called “villages”. Villages are membership organizations that promote community and personal connection to improve older adults’ quality of life, empowerment, and sense of meaning as they age. Established villages in Contra Costa County include Ashby Village (Richmond), Clayton Valley Village (Clayton, Concord), and Lamorinda Village (Lafayette, Moraga, Orinda). (https://villagemovementcalifornia. org/) Rainbow Community Center Based in Concord, the Rainbow Community Center provides support and social opportunities to the LGBTQIA+ community and its allies in Contra Costa County. The Center provides community mental health services, a houseless transitional youth program and other programming for young people, a food pantry, HIV education and prevention programming, older adult programming, and professional development and training for other organizations to improve LGBTQIA+ practices. The Center’s older adult programming includes the Senior Outreach & Advocacy Programming (SOAP) and Friendly Visitor Program (see “Efforts” above). (https://www.rainbowcc.org/senior-programs) Meals on Wheels Diablo Region (MOWDR) MOWDR provides home delivered meals to Central and East County and operates cafés in Walnut Creek, Rodeo, Crockett, Concord, Pittsburgh, and Bay Point. It also runs a friendly visitor program (see “Efforts” above). (https://www.mowdiabloregion.org/) Choice in Aging Choice in Aging’s mission is “to create opportunities where people can learn, grow, and age independently with dignity in community.” In Contra Costa County, Choice in Aging operates two Adult Day Health Care (ADHC) facilities (see “Efforts” above), a Multipurpose Senior Services Program (MSSP), two Alzheimer’s Day Care Resource Center programs, an intergenerational preschool program (see “Efforts” above), and a California Community Transitions Project that helps Medi-Cal eligible patients in skilled nursing facilities move into their own homes or other community settings with appropriate supports. (https://choiceinaging.org/) Various Contra Costa County Senior Centers Senior centers across the county provide older adults with services relevant to inclusion and equity, including social and educational programs, support groups, and referrals to and assistance with accessing other services. Senior centers are run by city parks and recreation departments, faith- based institutions, and non-profits. For example: •The Pleasant Hill Senior Center provides its participants with programs such as technology training, bereavement support, and a consult-an-attorney program. (https://pleasanthillrec. com/567/Senior-Resource-Center) •Sakura Kai Senior Center is a non-profit in El Cerrito that focuses on sustaining Japanese- American culture in the programming offered to older adult participants (https://www. sakurakaica.org/home) CONTRA COSTA COUNTY Master Plan for Aging 46 INCLUSION AND EQUITY INITIATIVES WITHIN THE STATE MASTER PLAN FOR AGING The following 2023–2024 initiatives are included in the state’s Master Plan for Aging (MPA).1 They may be a starting point for determining the priority strategies and actions to include in the Plan for Aging. STRATEGY: INCLUSION AND EQUITY IN AGING As the most racially, ethnically, and linguistically diverse state in the nation, California can lead in combatting ageism, ableism, racism, xenophobia, sexism, homophobia, and all prejudices and in expanding opportunities for all older adults and adults with disabilities to be economically, civically, and socially engaged, without experiencing discrimination or bias. California’s aging and disability leaders, providers, and partners are committed to becoming increasingly culturally responsive through strategies including trainings, data collection, public campaigns (including with partners in California’s entertainment industry), and targeted equity and inclusion goals in workforce, service planning, and service delivery. Initiative #52 Elevate the Governor’s Executive Order on Equity to expand MPA equity-based data with specified metrics focusing on intersectional data across age, disability, race, sexual orientation/gender identification, Veteran status, and ethnicity. Ensure that aging and disability is part of all equity initiatives, and that equity metrics are clearly communicated to the appropriate audiences, including through the Data Dashboard for Aging, the CalHHS Equity Dashboard, and the Strategic Growth Council’s Racial Equity Resource Hub. Initiative #53 Partner with the Centers for Medicare & Medicaid Services (CMS), health plans, and providers as well as local public health, behavioral health, and regional centers, to reduce health disparities for COVID-19 vaccination rates and use of therapeutics among older adults. Initiative #54 Promote language access efforts by a) Implementing the Language Access Pilot and providing recommendations to expand the pilot statewide; and b) Assessing CalHHS Agency’s Language Access Initiative for availability of culturally and linguistically competent communications to older adults, adults with disabilities, their families, and supporters. Initiative #55 Increase awareness and enforcement of anti-discrimination laws and anti-hate initiatives for all Californians, including older adults and adults with disabilities, through the CA vs. Hate Network to create awareness of the network including connection to resources and improved data collection of hate incidents and violence; launch the Commission on the State of Hate. Initiative #56 Explore common quality and equity metrics Impacting older adults and adults with disabilities across Medicare, Medi-Cal, CalPERS, Covered California, and the Data Dashboard for Aging. Initiative #57 Assess community living and LTSS needs of LGBTQ+ older adults specific to race, ethnicity, disability, and geographic location. STRATEGY: BRIDGING THE DIGITAL DIVIDE In August 2020, Governor Gavin Newson signed Executive Order N-73-20 to deploy affordable and reliable broadband throughout the state. Closing the digital divide by increasing access to the internet and digital devices will improve the ability of older adults and adults with disabilities to connect to family and friends, health care providers, and to access additional support during the COVID-19 pandemic and beyond. Initiative #58 Expand broadband infrastructure, including middle and last mile, and use new federal funds to facilitate digital literacy training for underserved communities, including older adults, adults with disabilities, and tribal communities, as part of the state’s Broadband for All strategic plan. Initiative #59 Evaluate the impact of the $50 million Access to Technology initiative to measure the extent to which older adults and adults with disabilities gain meaningful access to digital devices, service plans, and digital literacy/technology training. 1 Master Plan: 5 Bold Goals. Goal Three: Inclusion and Equity, Not Isolation. Accessed October 7, 2023 at https://mpa.aging.ca.gov/Goals/3#goal-header. CONTRA COSTA COUNTY Master Plan for Aging 47 STRATEGY: OPPORTUNITIES TO WORK Scaling flexible work and education models, including virtual options, and preventing age discrimination in the workplace can increase the inclusion of older adults and adults with disabilities and harness California’s talent, knowledge, and expertise. Initiative #60 Provide tools, training, and technical assistance to state employers to actively promote recruiting, interviewing, hiring, and training older adults and adults with disabilities who want to remain in or enter the workforce. Build on models such as the CalHHS Hiring Playbook, Including Adults with disabilities Drives Innovation, and the State of California’s Limited Examination and Appointment Program (LEAP). Initiative #61 Explore strategies to recruit retired or close-to-retirement healthcare professionals to work as faculty in clinical training programs. Initiative #62 Focus on job opportunities for older adults and adults with disabilities and identify opportunities to leverage the federally funded Senior Community Service Employment Program and other models, in collaboration with the Area Agencies on Aging (AAAs). Initiative #63 Explore opportunities to support California’s aging farmworker population by funding Farmworker Resource Centers that support access to social services and housing, with services available in multiple languages. STRATEGY: OPPORTUNITIES TO VOLUNTEER AND ENGAGE ACROSS GENERATIONS Volunteer programs for community priorities can intentionally and effectively recruit, support, and connect adults of all ages through volunteer centers, schools, community sites, libraries, and more. Older Californians have much to contribute to our society and to younger generations of Californians, therefore, developing opportunities for multi-generational exchanges is critical. Initiative #64 Promote opportunities for volunteerism by creating the California Experience Corps. Initiative #65 Align the statewide efforts of California Volunteers with established volunteer opportunities and cross-promote to older adults and adults with disabilities in partnership with the California Guard, California State Parks, Governor’s Office of Emergency Services, and the state’s network of 33 Area Agencies on Aging (AAAs). STRATEGY: PROTECTION FROM ABUSE, NEGLECT & EXPLOITATION Through new statewide coordinated efforts focused on prevention and equity, California can strengthen prevention and responses to elder abuse, neglect, exploitation, and fraud with person-centered, data-driven, and culturally competent approaches. Initiative #66 Develop resources, in partnership with the California Elder & Disability Justice Coordinating Council, to build capacity among legal services providers that serve older adults and adults with disabilities to prioritize equity and the rights of older adults and adults with disabilities. Initiative #67 Provide resources to all 58 county Adult Protective Services (APS) programs to facilitate financial institutions reporting potential financial abuse to county APS offices across the state. Initiative #68 Train APS social workers on how to assess an individual’s decision-making abilities. Initiative #69 Explore dedicated funding opportunities for probate guardianship with caseload standards based on acuity levels. This effort may align with AB 1663 (Chapter 894, Statutes of 2022) (Maienschein), which reforms California’s probate conservatorship system to enable adults with disabilities and older adults to pursue supported decision-making as a less restrictive alternative to conservatorship. CONTRA COSTA COUNTY Master Plan for Aging 48 Appendix G: AFFORDING AGING INTRODUCTION The “Affording Aging” goal area within the Contra Costa County Master Plan for Aging is centered on the economic challenges that many older adults and adults with disabilities face. Areas of focus within the affording aging goal area include in-home care, nutrition, and income security. This brief focuses on all areas of focus except for nutrition. It summarizes recent data and highlights efforts and stakeholders in the county. It is not exhaustive of all activity in Contra Costa County related to affording aging but is intended to be a resource for developing the Plan for Aging. INSIGHTS ON AFFORDING AGING IN CONTRA COSTA COUNTY BASED ON RECENT DATA Contra Costa is seen as a more affluent county than some within the state, but there are areas within the county where older adults and adults with disabilities have significant challenges affording basic needs. This challenge is expected to amplify as the older population within Contra Costa County grows, particularly those aged 75 and older.1 •Based on 2019 data, nearly 32% of adults aged 65 and older in Contra Costa County were below the California Elder Economic Index (CEI). The CEI measures the basic cost of living for each county, including housing, food, healthcare, and transportation expenses.2 o 24% of adults aged 65 and older in Contra Costa County are below the CEI but above the federal poverty level, which is known as the “hidden poor.” •Based on the 2019 Area Agency on Aging Needs Assessment survey results, the greatest need identified was in-home care. The second greatest need included income, housing, and caregiver support. o In the same survey, housing and healthcare costs were noted as the most significant economic impacts on older adults in Contra Costa County. EXAMPLES OF CURRENT EFFORTS RELATED TO AFFORDING AGING The following table provides a sampling of efforts identified within Contra Costa County related to improving the affordability of aging. These efforts were identified through desk research and input from IMPACCT Steering Committee members. Effort Overview of the Effort Monument Impact ELEVATE Concord: Family Economic Equity Pilot A partnership between Monument Impact and the City of Concord, who is funding the effort, the ELEVATE pilot is a program to provide monthly payments to families to use toward housing, bills, education, and savings. The pilot is limited to 120 participants and has criteria to be eligible which includes being a single parent, having at least one child under age 12, income limits, and other requirements. Though this does not have an older adult or disability focus, this partnership serves as a promising practice for consideration. The Contra Costa County Board of Supervisors (BOS) approved the concept of supporting guaranteed income projects, meaning the additional income from the pilot is not considered when renewing or determining benefits. (https://monumentimpact.org/) 1 https://ehsd.org/wp-content/uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf 2 https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/affording-aging/ CONTRA COSTA COUNTY Master Plan for Aging 49 KEY STAKEHOLDERS IN AFFORDING AGING The following is a sample of Contra Costa County stakeholder groups and organizations that have a role in affording aging through service provision, education, and advocacy. These stakeholders have been identified through desk research and feedback from IMPACCT Steering Committee members. These stakeholders may be valuable connections for developing and implementing the Plan for Aging. Stakeholder Name Stakeholder Overview Ensuring Opportunity Ensuring Opportunity’s goal is to end poverty in Contra Costa County by addressing the root causes of poverty through policy change, focusing on six policy areas: Economic Security, Housing Security, Health Security, Food Security, Education, and Safety. (https://cutpovertycc.wordpress.com/home/ overview/) East Bay Leadership Council The East Bay Leadership Council is a public policy advocacy organization that aims to increase economic vitality and quality of life in East Bay. Their focus areas for advocacy and policy reform include economic development, equity, housing, talent and education, and more. (https:// eastbayleadershipcouncil.com/our-work) Contra Costa Economic Partnership Contra Costa Economic Partnership was founded by business and civic leadership in Contra Costa County to support and advocate for economic development. Their focus areas include land use for housing and jobs, workforce development, and infrastructure. (https://www.ccpartnership.org/what- we-do) Monument Impact Monument Impact is a community-based organization with sites in Concord and Antioch that aims to “ensure that immigrants, refugees, and low-income residents in Central and East Contra Costa County have the voice, tools, and relationships necessary to have an equitable share of the social and economic wealth of our region.” Their focus areas include asset building (providing pathways to self-sufficiency and economic stability through training and support), healthy living (through health education, programs, and resources), and community engagement. (https://monumentimpact.org/ en/home/#https://forms.gle/TXEA1Nbcs3eVxsZv9) Contra Costa Senior Legal Services CCSLS provides free legal services to persons ages 60+ in Contra Costa County. One of their focus areas is consumer protection, including problems related to seniors living on fixed incomes and struggling to make ends meet, such as advice on debtor’s rights and loan discharges. (https://www. ccsls.org/) East Bay Alliance for a Sustainable Economy (EBASE) Oakland-based EBASE implements campaigns in the East Bay that address social, economic, and racial justice issues. Their work aims to positively impact low-wage workers, people of color, immigrants, those formerly incarcerated, and grassroots leaders. One of their focus areas is “Rights: everyone deserves a good job”, which focuses on fighting for living wages, paid sick days, fair scheduling, and other areas related to economic security. Other areas of focus include fighting for equitable housing development and immigrant rights. (https://workingeastbay.org/our-work/) CONTRA COSTA COUNTY Master Plan for Aging 50 AFFORDING AGING INITIATIVES WITHIN THE STATE MASTER PLAN FOR AGING The following 2023–2024 initiatives are included in the state’s Master Plan for Aging (MPA).1 They may be a starting point for determining the priority strategies and actions for the Plan for Aging. STRATEGY: INCOME SECURITY AS WE AGE Challenges require multiple approaches: For income, California will pursue partnerships to assess and strengthen all three sources — individual savings, employer-based retirement, and Social Security — and to expand employment opportunities and economic security at all ages. For expenses, reducing housing and health costs (as discussed in goals one and two) will increase elder economic security. Initiative #89 Implement year one of three of the expansion of CalSavers to employers with fewer than five employees and continue to implement employer compliance enforcement to ensure workers have promised access to the program. Initiative #90 Conduct displaced worker analysis to understand the impact of job loss on older workers’ employment, retirement, and health. 1 Master Plan: 5 Bold Goals. Goal One: Housing for All Ages and Stages. Accessed October 7, 2023 at https://mpa.aging.ca.gov/Goals/1/. CONTRA COSTA COUNTY Master Plan for Aging 51 Appendix H: NUTRITION INTRODUCTION The “Affording Aging” goal area within the Contra Costa County Master Plan for Aging is centered on the economic challenges that many older adults and adults with disabilities face. Areas of focus within the affording aging goal area include in-home care, nutrition, and income security. This brief focuses on nutrition. It summarizes recent data and highlights current efforts and stakeholders in the county. It is not exhaustive of all activity in Contra Costa County related to nutrition but is a resource for developing the Plan for Aging. INSIGHTS ON NUTRITION IN CONTRA COSTA COUNTY BASED ON RECENT DATA Access to quality nutrition is a significant issue within Contra Costa County. Barriers to access nutrition for older adults in the county include costs, lack of transportation, and isolation. Contra Costa County also has multiple food deserts. For example, in Far East County, there are fewer than two grocery stores/vendors per 10,000 people, which is 38% lower than the state average.1 (See the visual below for a complete view of the food deserts.) •In 2020, 19.9% of low-income adults aged 60 or older experienced food insecurity with or without hunger.2 •Based on the 2019 AAA Needs Assessment survey results, meal preparation was noted as the sixth highest assistance need for older adults in Contra Costa County.3 •Nearly one-quarter of the 2019 AAA Needs Assessment survey respondents reported reliance on food banks to obtain food.4 •Contra Costa County’s CalFresh participation rate for adults aged 60 or older was 3.0% in 2019. This rate ranked Contra Costa County as 50th out of the 58 states in CA.5 1 USDA Economic Research Service U.S. Department of Agriculture. https://www.ers.usda.gov/data-products/food-access-research-atlas/go to the atlas 2 California Master Plan for Aging Data Dashboard. https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/affording-aging/ 3 Ibid. 4 Ibid. 5 California Master Plan for Aging Data Dashboard. https://letsgethealthy.ca.gov/mpa-data-dashboard-for-aging/affording-aging/ Figure 1. Contra Costa County Map Identifying the Food Deserts within the County. CONTRA COSTA COUNTY Master Plan for Aging 52 EXAMPLES OF CURRENT EFFORTS RELATED TO NUTRITION The following table provides a sampling of Contra Costa County efforts related to improving the state of nutrition. These efforts were identified through desk research and input from IMPACCT Steering Committee members. Effort Overview of the Effort Oakley Senior Center – Food Pantry In 2019, a new senior center opened in the City of Oakland, which includes a food pantry. The food pantry is open once a week to provide free food to older adults. The location of this new site is near the largest food desert in Contra Costa County, making it a significant service addition to the community. (https://Contra Costa Countyc.myresourcedirectory.com/index.php/en/?op tion=com_ cpx&task=resource.view&id=3467552) Café Costa Café Costa provides congregate meals for older adults at eighteen café sites across the county. The program provides older adults with nutritious meals as well as opportunities for social connection. For older adults that are homebound and unable to attend a café site, home-delivered meals can be delivered from providers in the county, including Meals on Wheels Diablo Region, Meals on Wheels West Contra Costa County, and J-Sei. (Senior Nutrition Program’s Cafe Costa | EHSD) CalFresh Healthy Living (SNAP-ED) CalFresh Healthy Living is a Supplemental Nutrition Assistance Program that provides nutrition classes (and wellness classes) at numerous locations throughout the county. (https://ehsd.org/elderly- disabled/area-agency-on-aging/) KEY STAKEHOLDERS IN NUTRITION The following is a sample of Contra Costa County stakeholder groups and organizations that have a role in nutrition through service provision, education, and advocacy. These stakeholders have been identified through desk research and feedback from IMPACCT Steering Committee members. These stakeholders may be valuable connections for developing and implementing the Plan for Aging. Stakeholder Name Stakeholder Overview Contra Costa County Area Agency on Aging Senior Nutrition Program The Senior Nutrition Program provides nutritious daily meals at the eighteen café sites throughout Contra Costa County for adults 60 years of age and older as well as home-delivered meals for homebound older adults (see Café Costa effort above). (https://ehsd.org/aging-and-adult-services/ senior-nutrition-programs-cafe-costa/) Meals on Wheels Diablo Region (MOWDR) MOWDR provides home-delivered meals to Central and East Counties and operates cafés in Walnut Creek, Rodeo, Crockett, Concord, Pittsburgh, and Bay Point. The organization has several other programs, including a breakfast bag program, a grocery bag program, a friendly visitors program, and case management. (https://www.mowdiabloregion.org/) Meals on Wheels West Contra Costa County (MOWWCC) MOWWCC provides home-delivered meals in West County to the cities of Crockett, El Cerrito, El Sobrante, Hercules, Kensington, and North Richmond. (https://www.wccmow.com/) J-Sei J-Sei’s friendly volunteers deliver nutritious Japanese lunches to eligible older adults. Meals are also delivered to adults recovering from an injury, illness, or who have a short-term need for meal delivery service. (https://j-sei.org/seniorservices/nutrition/) Meals on Wheels of Contra Costa Meals on Wheels of Contra Costa is a coalition of public agencies, non-profit organizations, and advisory groups. The coalition works to raise funds to support the cost of meals delivered to homebound elders served by the county’s meal delivery program. (https://mowofcontracosta.org/ our-story-2/) Food Bank of Contra Costa and Solano The Food Bank of Contra Costa and Solano distributes free food to the community through a variety of programs within Contra Costa County. Their programs include a Senior Food Program, which provides low-income seniors with free, healthy food twice a month. (https://www.foodbankccs. org/) CONTRA COSTA COUNTY Master Plan for Aging 53 NUTRITION INITIATIVES WITHIN THE STATE MASTER PLAN FOR AGING The following 2023–2024 initiatives are included in the state’s Master Plan for Aging (MPA). They may be a starting point for determining the priority strategies and actions to include in the Plan for Aging. STRATEGY: PROTECTION FROM POVERTY & HUNGER The federal/State safety net for older adults and adults with disabilities, Supplemental Security Income/State Supplementary Payment (SSI/SSP), has not kept up with poverty levels. A recent state budget agreement proposes to begin to address the SSP in January 2022. The hunger and nutritional needs of older Californians need greater assessment and coordination to provide affordable and culturally appropriate foods through CalFresh (SNAP), food banks, meal delivery at home, congregate meals at day centers and long-term care facilities, farmers markets, and medically tailored meals, among others. Initiative #92 Expand the number of home-delivered and congregate meals provided to older adults using increased state and federal funding. Plan for the expansion of CalFresh to all adults aged 55-plus who are income-eligible, regardless of citizenship status. Initiative #93 Evaluate meal program service design and sustainable financing mechanisms to enhance capacity and ensure access to a person-centered, equitable, and accessible supportive nutrition services program for older adults and adults with disabilities, building off the innovations and program flexibilities exercised during the COVID-19 public health emergency which included dine-in, “to go,” grocery, and home delivery models. Initiative #94 Explore sustainable financing mechanisms to build community infrastructure and ensure access to supportive nutrition services for older adults and adults with disabilities. Initiative #95 Engage with the U.S. Department of Agriculture and Congress to ensure, at a minimum, the same levels of funding for the Senior Farmer’s Market Nutrition Program for continued benefit to both older Californians and California agriculture. CONTRA COSTA COUNTY Master Plan for Aging 54 Appendix I: CAREGIVING INTRODUCTION The “Caregiving That Works” goal area within the Contra Costa County Master Plan for Aging includes a focus on the caregiver workforce, resources and supports for caregivers, including paid and family and friend caregivers, and caregiver volunteer opportunities. This brief summarizes recent data on these focus areas and highlights efforts and stakeholders in the county. It is not intended to exhaustively list all activities in Contra Costa County related to caregiving but to serve as a resource for developing the Plan for Aging. INSIGHTS ON CAREGIVING IN CONTRA COSTA COUNTY BASED ON RECENT DATA Paid caregivers, as well as family and friend caregivers, are crucial resources for enabling older adults and adults with disabilities to thrive in their homes and communities. However, caregivers face challenges, including financial instability, lack of training opportunities, minimal support, and the IMPACCTs of stressful caregiving situations.1 Addressing these challenges can help ensure sustainable and high-quality care for recipients in Contra Costa County, especially as the population ages and the need for caregiving increases. •There were 103.3 paid caregivers per 1,000 adults 65+ in Contra Costa and Alameda Counties in 2019. This is above the benchmark of at least 90 paid caregivers per 1,000 adults 65+, which is considered “good availability.” 2 •In Contra Costa County, from 2019 to 2020, 22.8% of adults 18+ self-identified as a family or friend caregiver (which meant they provided care within the past 12 months to a family member or friend with a serious or chronic illness or disability).3 •Less than 5% of the estimated 136,000 family caregivers in Contra Costa County received services and support in the county in 2019. The estimated annual economic value of the unpaid contributions of these 136,000 county caregivers that year was $1.56 billion.4 •In Contra Costa County, 74% of surveyed caregivers for older adults were unpaid in 2019. Relatives, who were most of the caregivers surveyed, were the least likely to be paid (15% were paid), followed by close friends (56% were paid).5 •In Contra Costa County, the average caregiver strain index among surveyed caregivers for older adults in 2019 was 10.4 (on a scale of 1-22, where 7 or higher indicates “considerable strain”). On average, higher levels of strain were reported by unpaid caregivers, family caregivers, and caregivers caring for someone with a cognitive impairment.6 1 Master Plan: 5 Bold Goals. Goal Four: Caregiving that Works. Accessed August 22, 2023, at https://mpa.aging.ca.gov/Goals/4. 2 State Master Plan for Aging Data Dashboard, Goal Four for 2030: Caregiving that Works. Accessed August 9, 2023, at https://letsgethealthy.ca.gov/mpa-data- dashboard-for-aging/caregiving-that-works/. 3 Ibid. 4 State of Caregiving in Contra Costa County. (2021; Mar. 15). Accessed August 9, 2023, at State-of-Caregiving-in-CCC-March-2021.pdf (caregiver.org). 5 Contra Costa County Area Agency on Aging. (2020; Dec. 30). 2020-2024 Four-Year Area Plan on Aging, p. 22. Accessed August 9, 2023, at https://ehsd.org/wp- content/uploads/2021/03/Contra-Costa-County-2020-2024-Area-Plan-on-Aging.pdf. 6 Ibid., pp. 22-23. CONTRA COSTA COUNTY Master Plan for Aging 55 EXAMPLES OF CURRENT EFFORTS RELATED TO CAREGIVING The following table provides a sampling of efforts identified within Contra Costa County to improve caregiving. These efforts were identified through desk research and input from IMPACCT Steering Committee members. Effort Overview of the Effort Healthcare Career Pathway The Healthcare Career Pathway is a partnership of Empowered Aging, Mt. Diablo Adult Education, and Opportunity Junction to address the shortage of Certified Nursing Assistants in Contra Costa County. The program provides training and assistance to support students in becoming certified caregivers. The program is cited as a Local Model in the State Master Plan for Aging. (https:// empoweredaging.org/healthcare-career-pathway/) SEIU Local 2015 Time for $20 Campaign SEIU Local 2015’s campaign for increased caregiver wages led to an October 2022 agreement with the Contra Costa County Board of Supervisors to raise In-Home Supportive Services (IHSS) wages from $16.50 to $20 by 2026. Implementing this increase would make Contra Costa County the fourth county in California to provide IHSS caregivers with a $20 per hour living wage. (https:// www.seiu2015.org/contra-costa-county-board-of-supervisors-approves-new-union-contract- making-time-for-20-a-reality-for-in-home-care-providers/) California Senate Bill 525 Signed by the Governor in October 2023, SB 525 will raise the minimum wage for health workers, including caregivers, to $25 by 2026-2033 (depending on the facility where they are employed). (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB525) Alzheimer’s Association Caregiver Support Groups (Northern California Chapter) Support groups held online and in person throughout the Bay Area provide education about caregiving and coping skills to address the challenges of caregiving and their IMPACCT on caregivers’ well-being. Choice in Aging (see “Key Stakeholders” below) hosts a group at its Mt. Diablo Center in Pleasant Hill, and other groups serving Contra Costa County are based in Brentwood, Lafayette, and Martinez. (https://www.alz.org/events) National Alliance on Mental Illness (NAMI) Contra Costa County Family Support Group NAMI holds a weekly, peer-led support group for family members and caregivers of adults with a mental illness. The group is held via Zoom and provides opportunities to share experience, build understanding of mental illness, and develop coping skills. (https://www.namicontracosta.org/family- support.html) Companioa Institute on Aging’s Companioa program, which serves Bay Area counties including Contra Costa County, provides dementia services to older adults and their families. In addition to offering home care, care management, and a San Francisco-based adult day care program, the program’s Certified Dementia Practitioners provide caregiver coaching including emotional support, resources, and tools. (https://www.ioaging.org/companioa/) CONTRA COSTA COUNTY Master Plan for Aging 56 KEY STAKEHOLDERS IN CAREGIVING The following is a sample of Contra Costa County stakeholder groups and organizations that have a role in caregiving through service provision, education, and advocacy. These stakeholders have been identified through desk research and feedback from IMPACCT Steering Committee members. These stakeholders may be valuable connections for developing and implementing the Plan for Aging. Stakeholder Name Stakeholder Overview Family Caregiver Alliance (FCA)FCA serves as the Bay Area Caregiver Resource Center, one of 11 Caregiver Resource Centers throughout California. They provide assistance, education, and referrals to family caregivers. (https://www.caregiver.org/) Empowered Aging Empowered Aging, previously known as Ombudsman Services of Contra Costa, Solano, and Alameda, is an independent, non-profit organization that provides multiple services to the three- county area. They are a partner in implementing the Healthcare Career Pathway (see “Efforts” above) and provide Certified Nurse Assistant (CNA) training. (https://empoweredaging.org/) Choice in Aging Choice in Aging’s mission is “to create opportunities where people can learn, grow, and age independently with dignity in community.” In Contra Costa County, Choice in Aging operates two Adult Day Health Care (ADHC) facilities, a Multipurpose Senior Services Program (MSSP), two Alzheimer’s Day Care Resource Center programs, and a California Community Transitions Project that helps Medi-Cal eligible Californians in skilled nursing facilities move into their own homes or other community settings with appropriate supports. They also offer Alzheimer’s Caregiver Support Groups at their Mt. Diablo and Bedford Centers (see “Efforts” above). (https://choiceinaging.org/) CAREGIVING INITIATIVES WITHIN THE STATE MASTER PLAN FOR AGING The following 2023–2024 initiatives are included in the state’s Master Plan for Aging (MPA).1 They may be a starting point for determining the priority strategies and actions for the Plan for Aging. STRATEGY: FAMILY & FRIENDS CAREGIVER SUPPORT Family caregivers need supports — such as paid family leave, multilingual training resources, virtual care options, and respite — so that the role remains rewarding, and caregivers can maintain health, well-being, and income while caring for a loved one. Given that lower-income women, particularly women of color, disproportionately provide family caregiving, resources and support should be tailored and prioritized accordingly. Initiative #79 Partner with the Caregiver Resource Centers, Area Agencies on Aging, and providers of services under Title IIIE of the Older Americans Act to ensure family caregiver assessments track equity metrics, focusing on reaching Black, Latino, Indigenous, Asian/Pacific Islander, and LGBTQ+ caregivers, as well as adults with disabilities and Californians with the greatest economic and social needs. Initiative #80 Convene subject matter experts and people with lived experience as family caregivers to review training resources, and partner with stakeholders (government, community-based organizations, academia, labor, philanthropy) to develop a compendium of resources to meet the education and training needs of California’s diverse caregivers. Initiative #81 Utilize data from the LTSS Dashboard, the DHCS Medi-Cal and CDA Non-Medi-Cal Home and Community- Based Services Gap Analyses and Multiyear Roadmaps, and the California Health Interview Survey to understand the unmet needs of family caregivers with a focus on addressing the emotional burden of care and the need for respite support. Initiative #82 Develop a Statewide Caregiver Equity Roadmap and Strategy to position California as a lead state partner in the federal Administration for Community Living’s National Strategy to Support Family Caregivers, including strategies to address the financial burdens of caregiving and the risk to caregivers’ financial security. 1 Master Plan: 5 Bold Goals. Goal One: Housing for All Ages and Stages. Accessed October 7, 2023 at https://mpa.aging.ca.gov/Goals/1/. CONTRA COSTA COUNTY Master Plan for Aging 57 STRATEGY: GOOD CAREGIVING JOBS CREATION The caregiving workforce can be grown through caregiver training and professional development opportunities, along with livable wages, job placement support, and improved job quality. Higher wages will help paid caregivers work toward financial security, alleviate economic disparities, and better reflect the true value of their work. Initiative #83 Promote innovative models for Community Health Workers to serve older adults and adults with disabilities in home and community-based settings, targeting underserved populations with a focus on equity, including through Medicare Fee-for-Service and Medicare Advantage delivery systems. Initiative #84 Develop a direct care inventory of evidence-informed, competency-based training, career ladder, and certification programs that are accessible statewide, aimed at promoting person-centered, culturally, and linguistically responsive training designed for older adults, adults with disabilities, family caregivers, and populations with complex needs, including persons with dementia. Explore opportunities to expand career pathways for direct care staff, including the feasibility of linking training to wage increases. Initiative #85 Diversify the pipeline for direct care workers in home and community settings by testing and scaling emerging models to meet the need, as funding allows. STRATEGY: VIRTUAL CARE EXPANSION New technologies, many pioneered in California, are paving the way for innovations in personal devices, smart home and community design, telehealth and more, and have the potential to help support caregiving and aging well across the state, nation, and globe. Initiative #86 Leverage technology, innovative practices, and program flexibilities that enable older adults, adults with disabilities, and family caregivers to access virtual care (tele-health) through Medi-Cal, particularly in underserved communities. Information & Assistance (800) 510-2020 CONTRA COSTA COUNTY, CALIFORNIA Area Agency on Aging A Division of Aging & Adult Services 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3303 Name: Status:Type:Discussion Item Agenda Ready File created:In control:8/12/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 Title:CONSIDER electing 2025 officers of the Board of Supervisors. (Supervisor Glover) Attachments:1. BOS Historical List 2000-2024.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass 5:0 To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Nomination of 2025 Officers of the Board of Supervisors ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.ELECT a Supervisor to be Chairperson of the Board of Supervisors for calendar year 2025 or until the selection of a successor, whichever occurs later. 2.ELECT a Supervisor to be Vice Chairperson of the Board of Supervisors for calendar year 2025 or until the selection of a successor, whichever occurs later. FISCAL IMPACT: No fiscal impact. BACKGROUND: At the first meeting of each calendar year, the Board of Supervisors reorganizes, updates its rules of procedure, establishes the list of standing and ad hoc committees and appoints Board members to committees, and discusses prior year accomplishments and new year goals and challenges. Preparation for the annual reorganization meeting requires many weeks of staff effort, under the direction of the Board Chair. The Board of Supervisors votes to select its officers following a nomination process. Although not a requirement, the Board has rotated the offices of Chair and Vice Chair among the five members, i.e., each member would serve as Chair at least once during their term in office. The Chair serves as presiding officer of the Board; rules on questions of procedure; nominates for Board approval representatives to Board committees whose appointment is not otherwise provided for; signs resolutions, ordinances, contracts, leases and other official documents approved by the Board; preserves order CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3303,Version:1 and decorum; and decides all questions of order. The Chair may consult with County Counsel in making such rulings. Decisions of the Chair may be overruled by a majority vote of the Board of Supervisors. The Vice Chair has and may exercise all powers and duties of the Chair at the meetings at which the Chair is absent. If neither the Chair nor the Vice Chair is present at a Board meeting, the Board members present select one of their members to act as the Chair Pro Tempore. The Chair Pro Tempore shall have and exercise all the powers and duties of the Chair for that meeting only. Because the reorganization requires substantial thought and planning, early selection of new year officers permits the incoming Board Chair to take an active role in planning for the annual reorganization. CONSEQUENCE OF NEGATIVE ACTION: Planning and administration of the annual board reorganization may take longer to implement if the 2025 board officers are not decided in the fall of 2024. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ BOS Historical List 2000-2024 October 8, 2024 DATE District I District II District III District IV District V Chair Vice Chair 2024 John Gioia Candace Andersen Diane Burgis Ken Carlson Federal Glover Glover Andersen 2023 John Gioia Candace Andersen Diane Burgis Ken Carlson Federal Glover Gioia Glover 2022 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal Glover Mitchoff Glover 2021 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal Glover Burgis Glover 2020 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal Glover Andersen Burgis 2019 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal Glover Gioia Andersen 2018 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal Glover Mitchoff Gioia 2017 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal Glover Glover Mitchoff 2016 John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal Glover Andersen Piepho 2015 John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal Glover Gioia Andersen 2014 John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal Glover Mitchoff Gioia 2013 John Gioia Candace Andersen Mary N. Piepho Karen Mitchoff Federal Glover Glover Mitchoff 2012 John Gioia Candace Andersen Millie Greenberg 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3256 Name: Status:Type:Consent Item Passed File created:In control:9/18/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE Supervisor John Gioia to execute a Neighborhood Transformation Partnership Agreement continuing the partnership among West County agencies focusing on children and families attending DeJean Middle School and other elementary schools within the City of Richmond for the period October 8, 2024 through December 31, 2028 and APPOINT Supervisor John Gioia to continue serving on the Leadership Council for the Neighborhood Transformation Partnership, as recommended by Supervisor Gioia. (No fiscal impact) Attachments:1. 2024 Neighborhood Transformation Partnership Agreement Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:John Gioia, District I Supervisor Report Title:2024 Neighborhood Transformation Partnership Agreement ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: AUTHORIZE Supervisor Gioia to execute the attached Neighborhood Transformation Partnership Agreement between Contra Costa County, City of Richmond, West Contra Costa Unified School District, and California Emerging Technology Fund which continues a partnership between these agencies and organizations to work together to improve the lives of the residents who live near DeJean Middle School(in Richmond) in the West Contra Costa Unified School District (WCCUSD) with a primary focus on the families whose children attend DeJean Middle School and the feeder elementary schools for a four year term October 8, 2024 through December 31, 2028. APPOINT Supervisor John Gioia to continue serving on the Leadership Council for this Neighborhood Transformation Partnership Agreement. FISCAL IMPACT: Participation in this Neighborhood Transformation Partnership will not add costs to the County since the partnership continues to commit the various partners to work together in good faith to align available resources to improve academic performance and health of the students attending DeJean Middle School. BACKGROUND: On May 2, 2017, the Board of Supervisors approved an agreement of the Neighborhood Transformation CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3256,Version:1 Partnership that expired in 2018. One of the strategies that was developed through this partnership was a program to site a family navigator at DeJean Middle School and a recommendation to implement this strategy countywide. The Board of Supervisors approved $584,000 in Measure X funding on an ongoing annual basis to support five family navigators (one in each Supervisorial District) and directed the Contra Costa Employment and Human Services Department to implement the program. The term of the new agreement is October 8, 2024, to December 31, 2028. CONSEQUENCE OF NEGATIVE ACTION: Disrupt cooperative efforts among agencies seeking to improve the lives of residents in the Lavonya DeJean School Community in Richmond. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 2024 NEIGHBORHOOD TRANSFORMATION PARTNERSHIP AGREEMENT Contra Costa County West Contra Costa Unified School District City of Richmond DeJean Middle School California Emerging Technology Fund PURPOSE This Neighborhood Transformation Partnership Agreement is by and between the following Partners: Contra Costa County, City of Richmond, West Contra Costa Unified School District, and the California Emerging Technology Fund. The purpose of this Partnership Agreement is to set forth the good faith commitments of the Partners individually and collectively work together to improve the lives of the residents who live near DeJean Middle School in the West Contra Costa Unified School District with a primary focus on the families whose children attend DeJean Middle School and the feeder elementary schools. Whereas, Contra Costa County provides a range of health and human services to the residents of the priority community, including social services, public health, mental health, substance abuse prevention, workforce development, and probation; and the Contra Costa County Board of Supervisors has approved $584,000 on an ongoing annual basis to support five family navigators (one in each Supervisorial District), and has directed the Contra Costa Employment and Human Services Department to implement the program; Whereas, the City of Richmond provides a range of municipal services to the residents of the priority community, including youth services, land use planning and economic development, law enforcement and other public safety support, recreation, and workforce development; and the City of Richmond is committed to its work in the DeJean Middle School Community, and Whereas, the West Contra Costa Unified School District is committed to improving student achievement and overall academic performance in all schools and supports the use of computing and broadband technologies to achieve that objective; and DeJean Middle School is a Full-Service School Engaging Students, Families and the Community, including dedicating resources to provide technology equipment and support with significant parent engagement to drive improvement in student achievement; and Whereas, the California Emerging Technology Fund is a statewide nonprofit organization that is driven by a mission to close the Digital Divide in California. The Digital Divide is another manifestation of the Opportunity and Economic Divide. The challenges of concentrated, persistent poverty need to be addressed by an effective Digital Inclusion strategy to have optimal impact and sustained success; and CETF is sponsoring and funding implementation of School2Home at DeJean Middle School to close both the Digital Divide and the Achievement Gap. The California Emerging Technology Fund is partnering with the Contra Costa County to foster Neighborhood Transformation in the DeJean Middle School Community because a child's ability to thrive and succeed in school is affected by the health and well-being of the family and community, and Whereas, Contra Costa County, City of Richmond, West Contra Costa County Unified School District and the California Emerging Technology Fund will work together to identify and engage appropriate partners to add resources and support for families at DeJean Middle School which will be memorialized through Letters of Support or Cooperation. Now, Therefore, the Partners hereby agree to the commitments set forth below and accept the responsibilities delineated herein and pledge to one another to work together in good faith to coordinate and align available resources to improve the lives of the families and residents to ensure successful learning and improved academic performance of the students attending DeJean Middle School. COMMITMENTS The Partners, in good faith, commit their time and energies to support a planning and evaluation process that would assist with the following actions: Establish a Leadership Council consisting of the County Supervisor, the Richmond Mayor, the County Employment and Human Services Director or their designated representative, a representative of the California Emerging Technology Fund, the Principal at DeJean Middle School or their designated representative, a West Contra Costa School Board member, and other community stakeholders as appropriate. This Leadership Council shall be co-chaired by the County Supervisor, Richmond Mayor, and the West Contra Costa School Board member Convene regular meetings of the Leadership Team in the Community, anticipated to be approximately quarterly, with agendas posted for public information. i. Prepare and post succinct written notes about decisions reached by the Leadership Team. ii. Report regularly to the Partners. Identify the major challenges and opportunities to improve the lives and futures of the families and residents in the DeJean Middle School Community, including determining whether processes and protocols for timely sharing of demographic and caseload data (to the extent feasible and allowed by law) for public services being provided to the De Jean Middle School Community can be developed, which would include: i. Share data to determine baseline demographic for the population and status of each household receiving public services. ii. Develop a process for tracking improvement in outcomes for each household receiving services and changes in demographic data for the population in the DeJean Middle School Community. iii. Map community assets that can be engaged to support the purpose of the partnership. Develop an Action Plan to improve the lives and futures of the families and residents in the DeJean Middle School Community with School2Home as the "centerpiece" of Neighborhood Transformation. Commit to the values embedded in the Neighborhood Transformation framework and simultaneously strive to achieve the 3 "Es" of sustainable communities: Prosperous Economy; Quality Environment; and Community Equity. Recognize that strategies to improve neighborhoods must embrace and build upon community assets (strengths) instead of addressing only deficits (needs) and must be people-focused, place-based, and linked to regional economy. These principles will be used to achieve "5 Big Outcomes" as key indicators of improving the lives and futures of the residents: Improving Education; Increasing Jobs; Decreasing Crime; Decreasing Poverty; and Improving Health. Promote Digital Inclusion by accelerating the deployment of broadband infrastructure and achieving at least 98% broadband adoption (home use of high-speed Internet access) by getting all eligible households signed up for the Affordable Connectivity Program. Work in good faith to coordinate and align existing and any available new resources, to the maximum extent feasible, in implementing the Action Plan that focuses on improving the lives of the families and residents with specific and explicit planned outcomes and results. Develop a plan for programmatic components of service integration. Study models that are efficient and effective in aligning efforts and strategy across departments, agencies, and partners. Support a multi-disciplinary County-City-School-Community integrated service approach to coordinated planning and delivery of services. Integrated services could be comprised of existing personnel where feasible and include, at a minimum, the following expertise: social services, public health, mental health, alcohol and other drug abuse prevention services, housing, probation and any workforce development and/or training services from the County; law enforcement, recreation services, and any workforce development and/or training services from the City; and education support services from the School (and School District) and community services. Convene periodically key services administrators to monitor progress and identify additional opportunities for collaboration. Support development and implementation of coordinated family plans for households receiving social services assistance--at a minimum of 35 cases over the course of an entire school year-in order to help them become more self-sufficient, as consistent with the 5 Big Outcomes. Collaborate to seek and secure additional resources to augment existing public services, including philanthropic foundations, government grants; and private-sector contributions. For West Contra Costa Unified School District, such additional funds should be explicitly targeted to support the Full-Service Community Schools Initiatives and the Kennedy Family Initiative including teacher retention and school climate strategies. Evaluate and publish results for transparency and accountability: i. Monitor progress of outcomes for each household, for which a coordinated family plan has been developed and compile periodic reports with the aggregated data. ii. Track the collective overall results in the De Jean Middle School Community with respect to the 5 Big Outcomes and publish a public report at least annually. iii. Participate in a "learning community" with leaders in other similar initiatives in the state to address common challenges, share best practices, and inform public policy. RESPONSIBILITIES A. The California Emerging Technology Fund shall be responsible for and agrees to provide the following support and services pursuant to this Agreement: 1. Delineate the overall Neighborhood Transformation Framework to convene the Leadership Team. 2. Helping coordinate efforts by the County, City and West Contra Costa County School District to develop a plan to compile and share data pursuant to this Agreement. 3. Participate in the development, adoption and implementation by Partners of an Action Plan. 4. Provide guidance to Partners in the formation of multi-disciplinary County- School-Community integrated services model and develop a template for consolidated family plans. 5. Monitor progress, tracking results with respect to the 5 Big Outcomes, and ensure public reports are published. Organize and facilitate a "learning community" among Leadership Teams for other communities in the state where a Neighborhood Transformation Partnership Agreement exists. B. The California Emerging Technology Fund and Contra Costa County (the District One County Supervisor or designee and the EHSD Director or designee) shall be responsible for and agree to provide the following support and services pursuant to this Agreement: 1. Facilitate any requisite legal agreements to allow and assist the sharing of data among the Partners, subject to approval by each Partner’s governing board. Ensure data is compiled in a coherent format and presented to the Leadership Team to inform development of an Action Plan. 2. Facilitate development, adoption, and implementation by Partners of the Action Plan. Facilitate the exploration among Partners to support additional public and private resources as needed and agreed to by all Partners. 3. Foster formation of a multi-disciplinary County-City-School-Community integrated services model and ensure that coordinated family plans for each household served are developed and implemented and that the impacts are monitored and assessed to generate aggregated data that can be reported publicly to the extent feasible and allowed by law. 4. Coordinate ongoing monitoring of progress in the completion of consolidated family plans and assessment of impacts, tracking of collective overall results at De Jean Middle School. C. The City of Richmond shall be responsible for and agrees to provide the following support and services pursuant to this Agreement: 1. Designate the Richmond Mayor to represent the DeJean Middle School Community as a member of the Leadership Team and receive regular reports on progress. 2. Direct appropriate administrative and other personnel to compile and share data about the City services provided in the DeJean Middle School Community, including entering into any requisite legal agreements to allow and facilitate the sharing of such data among the Partners. 3. Support implementation of the adopted Action Plan with appropriate dedication of available existing resources to the extent possible and join with Partners to seek additional public and private resources as needed and agreed to by all Partners. 4. Assign as feasible, City personnel to serve on the Integrated Services Team(s), including at least law enforcement (to foster community policing), recreation, and any workforce development and/or training services, to help drive the 5 Big Outcomes. Ensure that consolidated family plans for each household are developed and implemented and that impacts are monitored and assessed to generate aggregated data. 5. Cooperate in ongoing monitoring of progress in the completion of consolidated family plans and assessment of impacts, tracking of collective overall results in the community with respect to the 5 Big Outcomes, and ensuring a public report is published at least annually. D. The West Contra Costa Unified School District shall be responsible for and agrees to provide the following support and services pursuant to this Agreement: 1. Designate the School Board Member elected to represent the De Jean Middle School Community as co-chair of the Leadership Team and receive regular reports on progress. 2. Direct appropriate administrative or other personnel to compile and share data about academic performance and other indicators of learning success by the students at De Jean Middle School including entering into any requisite legal agreements to allow and facilitate the sharing of such data among the Partners. 3. Support implementation of the adopted Action Plan. Join with Partners to seek additional public and private resources as needed and agreed to by all Partners. 4. Assign appropriate West Contra Costa Unified School District education support services personnel to serve on the Integrated Services Team(s). Ensure that consolidated family plans for each household are developed and implemented and that impacts are monitored and assessed to generate aggregated data. 5. Cooperate in ongoing monitoring of progress in the completion of consolidated family plans and assessment of impacts, tracking of collective overall results in the De Jean Middle School Community with respect to the 5 Big Outcomes, and ensuring a public report is published at least annually. E. Contra Costa County shall be responsible for and agrees to provide the following support and services pursuant to this Agreement: 1. As long as Measure X funding is available, and subject to approval by the Board of Supervisors, the Employment and Human Services Department will hire a family navigator for DeJean Middle School in Supervisorial District One. 2. Work collaboratively with DeJean Middle School’s site administrator to ensure implementation meets the requirements described in this Agreement 3. Ensure a representative of the County Supervisor in District One will represent the De Jean Middle School Community as co-chair of the Leadership Team and receive regular reports on progress. 4. Work with partners to identify what data is needed to support development of integrated family plans. Actively support efforts to compile and share data about the County services provided in the De Jean Middle School Community (to the maximum extent feasible and allowed by law), including health status and health trends, and based on identified outcomes to be achieved. Support gathering and reporting of aggregate data to assist in monitoring impacts of the strategies and initiatives that are part of the De Jean Middle School Neighborhood Transformation Partnership. 5. In good faith and within available resources, support an integrated model of service delivery. Assign as feasible, County personnel from social services, public health, mental health, alcohol and other drug abuse prevention services, and housing, probation, and workforce development and/or training services, to help drive the 5 Big Outcomes. Under the rubric of a multi-disciplinary team, support the development of integrated family plans for each household receiving social service assistance, noting full regard for informed consent, client privacy, Health Insurance Portability and Accountability Act (HIPAA) requirements, and both legal and professional standards of service and/or care. 6. Support Institutional Review Board (IRB) vetting for any research and all publications that use county supplied data. 7. Cooperate in ongoing monitoring of progress in the completion of consolidated family plans and assessment of impacts, tracking of collective overall results in the De Jean Middle School Community with respect to the 5 Big Outcomes, and ensuring a public report is published at least annually. MISCELLANEOUS 1. Term. The term of this Partnership Agreement is October 1, 2024 to December 31, 2028. This Partnership Agreement may be extended by mutual written agreement of the Partners. A Partner may terminate its partnership in this Agreement by providing 30 days advance written notice to the other Partners. 2. Notice. All correspondence regarding this Partnership Agreement shall be directed to the following persons at the following addresses: COUNTY: John Gioia, Contra Costa County Supervisor, District One 11780 San Pablo Ave, Suite D El Cerrito, CA 94530 Contra Costa County CITY: Mayor Eduardo Martinez, City of Richmond 450 Civic Center Plaza, Suite 300 Richmond, CA 94804 SCHOOL DISTRICT: West Contra Costa Unified School District Otheree Christian, Board Member, Trustee Area 2 1108 Bissell Ave Richmond, CA 94801 CALIFORNIA EMERGING TECHNOLOGY FUND: Sunne Wright McPeak, President and CEO 2151 Salvio Street, Suite 252 Concord, CA 94520 IN WITNESS WHEREOF, the Partners hereto on the day and year written below have executed this Partnership Agreement. Accepted on behalf of Contra Costa County by: John Gioia, Contra Costa County Supervisor, District One Date Accepted on behalf of City of Richmond by Mayor Eduardo Martinez- ____________________________________________________ Date Accepted on behalf of West Contra Costa County Unified School District by: Otheree Christian, Board Member, West Contra Costa Unified School District__________ Date Accepted on behalf of California Emerging Technology Fund by: Sunne Wright McPeak, President and CEO Date 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3257 Name: Status:Type:Consent Item Passed File created:In control:10/1/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ACCEPT Board members meeting reports for September 2024. Attachments:1. District III September 2024 report.pdf, 2. District IV September 2024 report.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Board Members’ meeting reports for September 2024 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT Board members’ meeting reports for September 2024. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etcetera). The attached reports were submitted by the Board of Supervisors members in satisfaction of this requirement. District I, II, and V have nothing to report. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not be in compliance with Government Code 53232.3(d). CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 1 powered by Legistar™ Date Meeting Name Location 10-Sep Board of Supervisors Martinez 12-Sep TRANSPLAN Committee Antioch 13-Sep COEQWAL Advisory Cohort Davis 18-Sep Innovation to Manufacturing: CA Battery Ecosystem Berkeley 19-Sep Delta Protection Commission Sacramento 20-Sep SJJPA Board Meeting Martinez 24-Sep Board of Supervisors Martinez 25-Sep Tri Delta Transit Antioch Supervisor Diane Burgis - September 2024 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). * Reimbursement may come from an agency other than Contra Costa County Purpose Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Supervisor Diane Burgis - September 2024 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). * Reimbursement may come from an agency other than Contra Costa County Date Meeting Name Location 4-Sep Mental Health Commission Martinez 9-Sep Meeting with County Administrator, Monica Nino Martinez 10-Sep Board of Supervisors Meeting Martinez 11-Sep Meeting with Health Services Director, Anna Roth Martinez 24-Sep Board of Supervisors Meeting Martinez 25-Sep Meeting with East Bay Rental Housing Association Martinez 26-Sep League of California Cities East Bay Division Meeting Dublin Supervisor Ken Carlson - September 2024 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). * Reimbursement may come from an agency other than Contra Costa County Purpose Decision on Agenda Items Monthly Briefing Decision on Agenda Items Monthly Briefing Decision on Agenda Items County Business Community Outreach Supervisor Ken Carlson - September 2024 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). * Reimbursement may come from an agency other than Contra Costa County 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3258 Name: Status:Type:Consent Item Passed File created:In control:10/2/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ACCEPT the Council on Homelessness (COH) Quarter 2 report, including proposed changes to the bylaws, as recommended by the Family and Human Services Committee. Attachments:1. COH Q2 Report, 2. COH Redline Bylaws, 3. COH Roster Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 To:Board of Supervisors From:Finance Committee Report Title:Council on Homelessness Quarter 2 Report - Including Changes to the Bylaws ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT the Council on Homelessness (COH) Quarter 2 report, including proposed changes to the bylaws, as recommended by the Family and Human Services Committee, FISCAL IMPACT: There is no fiscal impact for this action BACKGROUND: In November 2014, the Board approved “Forging Ahead Towards Preventing and Ending Homelessness: An Update to Contra Costa’s 2004 Strategic Plan”, that renewed the County's 2004 plan with the latest data, best practices, and community feedback and reaffirmed the County's commitment to the Housing First approach. As such, “Forging Ahead” establishes this guiding principle: “Homelessness is first a housing issue, and necessary supports and services are critical to help people remain housed. Our system must be nimble and flexible enough to respond through shared responsibility, accountability, and transparency of the community.” The Strategic Plan Update identifies two goals: 1) Decrease the length of time people experience homelessness by focusing on providing Permanent Housing and Services; and 2) Decrease the percentage of people who become homeless by providing Prevention activities. To achieve these goals, three strategies emerged: • Implement a coordinated entry/assessment system to streamline access to housing and services CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3258,Version:1 while addressing barriers, getting the right resources to the right people at the right time; and • Use best, promising, and most effective practices to give the consumer the best possible experience through the strategic use of resources; and • Develop the most effective platforms to provide access, support advocacy, and connect to the community about homelessness and available resources. The Contra Costa Council on Homelessness (COH), a Board of Supervisors appointed body, provides advice and input on the operations of homeless services, program operations, and program development efforts in the County. The COH establishes the local process for applying, reviewing and prioritizing project applications for funding in the HUD Homeless Assistance Grant Competitions, including the Continuum of Care (CoC) Program and the Emergency Solutions Grant Program. The County Health, Housing and Homeless Services Division (H3) of the Health Services Department partners with the COH to develop and carry out an annual action plan that identifies the objectives and benchmarks related to each of the goals and strategies of “Forging Ahead.” Further, H3 incorporates the strategic plan goals into its own delivery system of comprehensive services, interim housing and permanent supportive housing as well as contracting with community agencies to provide additional homeless services and housing with the goal of ending homelessness in our community. On September 23, 2024, the Family and Human Services Committee (FHS) accepted the attached 2024 Quarter 2 report from the Council on Homelessness and directed staff to forward the report to the Board of Supervisors for its information. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not receive the information included in the 2024 Quarter 2 report from the Council on Homelessness. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 1 Contra Costa Council on Homelessness Governance Charter & Bylaws Approved and Adopted by the Council on Homelessness on 6/6/24 Contra Costa Council on Homelessness Governance Charter & Bylaws ............................................ 1 Section 2. Background .................................................................................................................... 3 Article II. Structure ............................................................................................................................. 3 Section 1. Contra Costa County Continuum of Care ....................................................................... 3 Section 2. Council on Homelessness .............................................................................................. 4 Section 3. Collaborative Applicant & Administrative Entity ........................................................... 4 Bylaws ................................................................................................................................................. 5 Article I. Name of the Continuum of Care and the Contra Costa Council on Homelessness ............. 5 Section 1. Contra Costa Continuum of Care ................................................................................... 5 Section 2. Contra Costa Council on Homelessness ......................................................................... 5 Article II. Overview and Mission ......................................................................................................... 5 Article III. Council on Homelessness Responsibilities ........................................................................ 5 Section 1. Functions and Tasks ....................................................................................................... 5 Section 2. Transparency and Equitable Practices ........................................................................... 8 Article IV. Council Membership and Committees............................................................................... 9 Section 1. Eligibility ......................................................................................................................... 9 Section 2. Membership ................................................................................................................. 10 Section 3. Selection Process.......................................................................................................... 12 Section 4. Officers ......................................................................................................................... 12 Section 5. When A Seated Member No Longer Meets the Eligibility Criteria .............................. 12 Section 6. Meetings and Attendance ........................................................................................... 13 Section 7. Voting Members .......................................................................................................... 13 Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 2 Section 8. Amendment and Review ............................................................................................. 13 Section 9. Committee Structure and Operations ......................................................................... 13 Section 10. Council Staffing and Recordkeeping .......................................................................... 15 Article V. Conduct & Conflict of Interest .......................................................................................... 15 Section 1. Code of Conduct ........................................................................................................... 15 Section 2. Conflict of Interest ....................................................................................................... 16 Appendix: Contra Costa County Continuum of Care Timeline ..................................................................... 17 Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 3 Governance Charter Article I. Purpose Section 1. Overview This charter identifies the purpose, composition, responsibilities, and governance of the Contra Costa County Continuum of Care (hereinafter referred to as the CoC). For the history and evolution of the CoC, including naming conventions, relationships to other bodies, and strategic plans, please refer to the Timeline in the Appendix. Section 2. Background The U.S. Department of Housing and Urban Development (HUD) sets specific responsibilities for communities that receive funds through the Homeless Continuum of Care Program (“CoC Program”) under the Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH Act). HUD’s 2012 HEARTH Interim Rule at 24 C.F.R. Part 578 (Interim Rule) states that the CoC Program is designed to address homelessness through a coordinated community -based process of identifying needs and building a system of housing and services to address those needs. This system must include, at minimum, outreach, engagement and assessment; shelter housing and supportive services; and homelessness prevention strategies. Under the Interim Rule, the CoC is established as the planning body responsible for meeting the CoC Program goals and ensuring the system includes the necessary resources for the community. The purpose of the CoC Program is to: • Promote communitywide commitment to the goal of ending homelessness; • Provide funding for efforts by nonprofit providers, States and local governments to quickly re-house individuals, including unaccompanied youth, and families experiencing homelessness, while minimizing the trauma and dislocation caused to those persons by homelessness; • Promote access to and the effective use of mainstream programs by individuals and families experiencing homelessness; and • Optimize self-sufficiency among individuals and families experiencing homelessness. Article II. Structure Section 1. Contra Costa County Continuum of Care A. Contra Costa County provides coordinated housing and services to the community through public-private partnerships and collaborations, which function as a Continuum of Care (CoC). The CoC includes community members, housing and services providers, a governing body (Council on Homelessness), and an administrative entity and staff (Contra Costa Health Services’ Health, Housing, and Homeless Services Division). The CoC in Contra Costa is formally known as the Contra Costa County Continuum of Care. B. The CoC has been established and operates in compliance with HUD regulations, including: Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 4 1. Published agendas and meeting minutes, and 2. Monitoring reports of recipients and subrecipients. Section 2. Council on Homelessness Each CoC must establish a board to act on its behalf. The board established by the Contra Costa CoC is the Council on Homelessness (“CoH” or “Council”). The Council: A. Is compliant with HUD’s conflict of interest requirements, including documentation of a conflict of interest policy signed by all Council members; B. Maintains bylaws governing the operation of the CoC; C. Maintains a board roster (including Council members’ affiliations/representation(s)); D. Establishes and guides administration of CoC and Emergency Solutions Grant (ESG) funding processes in compliance with state and federal requirements, including HUD requirements. Section 3. Collaborative Applicant & Administrative Entity Contra Costa Health, Housing, and Homeless Services, a division of the Contra Costa County Health Services Department (a county governmental entity), is the collaborative applicant for the Contra Costa Continuum of Care (CoC). The collaborative applicant’s role is to: A. Function as the Collaborative Applicant and Administrative Entity designated by the CoC to apply for and administer program funds for the CoC; B. Apply for HUD CoC planning funds on behalf of the CoC; C. Submit the consolidated application for HUD CoC funds; D. Develop a governance charter with the CoC; and E. Assist the Council and CoC comply with State and HUD CoC Program regulations, as designated by the Council. Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 5 Bylaws Article I. Name of the Continuum of Care and the Contra Costa Council on Homelessness Section 1. Contra Costa Continuum of Care The name of this Continuum of Care (CoC) shall be the Contra Costa Continuum of Care, herein referred to as the Continuum of Care or the CoC. The Contra Costa Continuum of Care includes the full general membership of all community members committed to our guiding principle. Section 2. Contra Costa Council on Homelessness The name of this Continuum of Care’s governing body shall be the Contra Costa Council on Homelessness, herein referred to as the Council on Homelessness, the Council, or the CoH. The Council is comprised of the members serving in the seats outlined in Article IV. Council Membership and Committees. Article II. Overview and Mission The Council is committed to the Housing First approach, and has established this Guiding Principle: “Homelessness is first a housing issue, and necessary supports and services are critical to help people remain housed. Our system must be nimble and flexible enough to respond through the shared responsibility, accountability, and transparency of the community.” The Contra Costa Council on Homelessness is an advisory body to the Contra Costa County Board of Supervisors (click here for the Contra Costa County Advisory Body Handbook). Council members are appointed by the Board of Supervisors to provide advice and input on the operations of homeless services, program operations, and program development efforts in Contra Costa County. Further, the Council on Homelessness establishes the local process for applying for, reviewing, and prioritizing project applications for funding in U.S. Department of Housing and Urban Development (HUD) Homeless Assistance Grant Competitions, including the Continuum of Care (CoC) Program and the Emergency Solutions Grant (ESG) Program. The Contra Costa Council on Homelessness is committed to centering the voices of people with lived experience of homelessness in matters of planning, policy development, strategy implementation, and communication to prevent and end homelessness. Article III. Council on Homelessness Responsibilities Section 1. Functions and Tasks The Contra Costa Council on Homelessness is the planning body that coordinates the community’s policies, strategies, and activities toward preventing and ending homelessness in Contra Costa County, California. It is a regional, year-round collective planning body of Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 6 stakeholders ranging from people with lived experience of homelessness to non -profit service providers to local governmental entities. The Council’s work includes gathering and analyzing information in order to determine the local needs of people experiencing homelessness, implementing strategic responses, educating the community on homelessness, providing advice and input on the operations of the homeless system of care, and measuring the performance of the homeless system of care as it relates to serving people experiencing homelessness in Contra Costa County. The responsibilities of the Council include the development and implementation of all procedures and policies needed to comply with the HEARTH Act and relevant HUD regulations and guidance (see 24 C.F.R §578.7). The Council must consult with recipients of CoC and ESG funds within Contra Costa County and other homeless service providers to coordinate care. Further, it is the role of the Council to provide oversight and take direct action in the following areas: A. COUNCIL ON HOMELESSNESS PLANNING 1. Policies and Procedures i. In consultation with the collaborative applicant and the HMIS Lead, develop, follow, and update annually the Contra Costa County Continuum of Care Governance Charter and Council on Homelessness Bylaws, subject to approval by the County Board of Supervisors. ii. Vote on any action items that arise at Council on Homelessness meetings that are on the agenda and within the Council’s jurisdiction. iii. Review, rank, and recommend CoC and ESG Program Applications for submission to the Board of Supervisors, the California Department of Housing and Community Development, and HUD. 2. Systems Development i. Implement a coordinated entry system focusing on quality assurance, access, interdependency between programs and interdependency between programs and clients, and addressing barriers. ii. Develop and implement written standards for providing CoC assistance, including written policies and procedures as required by HUD. 3. Data, Analysis, and Evaluation i. Point-in-Time Count Plan for and conduct, at least biennially, a point-in-time count of homeless persons within Contra Costa County that meets HUD requirements, including a housing inventory of shelters, transitional housing, and permanent housing reserved for individuals and families experiencing homelessness, in general, and chronically homeless persons and veterans, specifically, as HUD requires. ii. HMIS Design and operate the Contra Costa County Homeless Management Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 7 Information System (Contra Costa HMIS) Project. Designate a single HMIS lead agency. Ensure consistent participation in HMIS by recipients and subrecipients, and that the HMIS is administered pursuant to all HUD requirements. In compliance with Sub-part B of the HUD Interim Rule on the Continuum of Care Program (24 C.F.R. Part 578) and the HMIS requirements, the HMIS Governance Charter, Policies and Procedures, and the Data Security, Quality, and Client Data and Privacy Plans outline specific details as to the relationship between the Council on Homelessness and the collaborative applicant, namely the Contra Costa Health Services’ Division of Health, Housing and Homeless Services. These Bylaws fully incorporate those standards, policies, and plans. iii. Performance Measurement Develop performance measures that can be used to inform a variety of tasks, including CoC Program competition project scoring and reporting; determining how federal, state, and local funds should be utilized; and creating a responsive system that provides constructive support promoting efficiency by analyzing and responding to gaps in housing and service interventions offered in the system. Additionally, the Council will: 1. Set targets that focus on real change and are meaningful (relevant to the desired impact), measurable, realistic (adaptable and flexible), and regularly assessed. 2. Consult with recipients and subrecipients, evaluate their performance, and initiate corrective action with poor performers. iv. Conduct an initial comprehensive assessment in coordination with ESG Program, and then annually conduct a gaps analysis of the needs of people experiencing homelessness, as compared to available housing and services within Contra Costa County. v. Facilitate and support the reporting of outcomes of CoC and ESG programs to HUD in coordination with the Collaborative Applicant. B. FUNDING COORDINATION 1. Facilitate and support the development of funds and resources for services for individuals and families experiencing homelessness in Contra Costa County in partnership with local jurisdictions located in Contra Costa County. Specifically, the Council will: i. Provide information required to complete the Consolidated Plan(s) within Contra Costa County. ii. Consult with State and local government ESG recipients within Contra Costa County on the plan for allocating ESG funds and reporting on and evaluating the performance of ESG recipients and subrecipients. Further, in consultation with recipients of ESG funds within Contra Costa County, establish and consistently follow written standards for providing homeless services and housing assistance. Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 8 C. COMMUNITY ENGAGEMENT 1. Encourage and develop public understanding and education on homelessness and housing issues and effective approaches to prevent and end homelessness. 2. Advise the Board of Supervisors, the Health Services Director, and the Health, Housing, and Homeless Services Director, on the needs of people experiencing homelessness and matters of urgency regarding homelessness. Specifically, the Council will: i. Provide information and education about the causes of and solutions to homelessness to the Board of Supervisors and cities located in Contra Costa County. 3. Make recommendations about long-range planning and policy formulation to the Board of Supervisors and cities located in Contra Costa County. Section 2. Transparency and Equitable Practices The Council encourages all community members to apply for a seat on the Council, participate in community meetings, group discussions, committees and working groups, and make recommendations to the Council aimed at preventing and ending homelessness. The Counci l aims to ensure a diverse population of community members contributes to deliberations and decision-making— including people with lived experience of homelessness. It is the Council’s objective to include and engage as broad a representation as possible of people of various abilities, ages, sexual and gender identities, immigration statuses, involvement with the criminal legal system, and racial, ethnic, and cultural backgrounds, and geographical representation within the County. To align with this effort, the Council conducts an annual recruitment effort by advertising open positions. Further, all interested persons are encouraged to attend meetings, provide input, and voice concerns to the Council. The Council is committed to developing and maintaining a diverse membership that reflects, as closely as possible, the demographics of the people experiencing homelessness in the County. In particular, the Council will endeavor to have significant representation of people with lived experience of homelessness and Black, Indigenous, and People of Color (BIPOC). The Council will endeavor to have at least one (1) Council member with lived experience of homelessness serving on each committee and working group. The Council’s composition will be reviewed annually in furtherance of its goal to reflect the current demographics of people experiencing homelessness in Contra Costa County. CoC membership is open to any interested party, and is defined as participation in at least one CoC, Council, or committee meeting per year. Further, anyone interested in membership on the Council may submit an application in compliance with the process es tablished by the Contra Costa County Board of Supervisors (see Article IV, Section 2 on Membership below for details). The Council follows all provisions of the Brown Act and the Better Government Ordinance in its conduct as a public body. Contra Costa Council on Homelessness Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 9 Article IV. Council Membership and Committees Section 1. Eligibility To be eligible for Council membership: A. Candidates and Council members must reside in or be employed in Contra Costa County. B. Candidates and Council members must demonstrate a professional interest in, or personal commitment to addressing and alleviating the impact of homelessness on the people of Contra Costa County. C. Candidates and Council members must be willing to sign and abide by the Code of Conduct and Conflict of Interest policy upon being seated as a Council member and annually thereafter. D. Meet criteria for the designated seat Unless specific qualifications are noted, individuals are eligible to serve in a seat with the following areas of representation if they work or volunteer in a role that provides services in the designated category. Individuals may also be eligible to serve in each area of representation if they work or volunteer for an agency that provides services in the designated category. Eligible candidates that also have lived experience of homelessness will be given priority in the application selection process. Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 10 Section 2. Membership Membership on the Council will consist of the seats listed below. The Council will make an annual invitation to the public for new members to apply for open seats. Each seat will have a term of two years expiring in alternating years, with the following areas of representation: 1. Affordable Housing Developer – Must work for an affordable housing developer. 2. Behavioral Health Representative – Must work in the behavioral health field in Contra Costa County (i.e., peer support, clinician, system-level behavioral health planner, etc.) with experience impacting behavioral health policy, decision-making, and/or funding. 3. City Government Seat – Must be an employee of a city or town located in Contra Costa County. This seat is not open to representatives elected to positions in Contra Costa County. 4. CoC/ESG Program Grantee – Must work with an agency receiving Continuum of Care and/or Emergency Solutions Grant funding in Contra Costa, including agencies that are providing housing and/or services to survivors of domestic violence. 5. Community Member Seat – Must live or work in Contra Costa County. 6. Lived Experience Advisor #1 – Must have current or past experience of homelessness in Contra Costa County. 7. Lived Experience Advisor #2 – Must have current or past experience of homelessness in Contra Costa County. 8. Education Services Representative – Must work for an agency providing K-12 educational services to individuals experiencing homelessness in Contra Costa County. 9. Federal Homeless and Housing Funding Administrator Representative – Must work for an agency in Contra Costa County that administers federal funding for homelessness and/or housing programs. 10. Employment and Human Services Department (EHSD) Representative – Must work for the Contra Costa Employment and Human Services Department. 11. Faith Community Representative – Must have substantial experience as an employee, volunteer, or congregant of the County faith community. 12. Health Care Representative – Must have substantial experience with the Contra Costa County health care system. 13. Homeless Service Provider – Must work for an agency providing housing and/or services to individuals experiencing homelessness in Contra Costa County, including those who are also fleeing domestic violence. 14. Public Housing Authority – Must be an employee of a Housing Authority in Contra Costa County. 15. Public Safety Representative – Must have substantial experience in the public safety field in Contra Costa County. 16. Reentry Services Representative – Must have substantial experience in the reentry field in Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 11 Contra Costa County (i.e., services provider and/or correctional staff supporting individuals reentering the community after involvement with the criminal legal system). 17. Veterans Services Representative – Must be an employee of the Veterans Administration. 18. Youth Representative – Must be between the ages of 17 and 24 and have lived experience of homelessness in Contra Costa County. 19. Workforce Development Representative – Must have substantial experience in the workforce development or vocational services fields in Contra Costa County. All members are appointed by the Board of Supervisors and may have their appointments rescinded by majority vote of the Board of Supervisors. In addition to the seats that have already been designated, outreach will be made to obtain participation in COH meetings and activities from groups including, but not limited to, the following: Affordable housing developers Agencies that serve survivors of human trafficking Community Development Block Grant (CDBG) /Home Investments Partnerships Program (HOME) / Emergency Solutions Grant (ESG) entitlement jurisdictions Disability advocates Disability service organizations Domestic violence advocates EMS emergency medical services/crisis response teams Hospitals Individuals with current or past lived experience of homelessness Law enforcement LGBTQIA+ advocates* LGBTQIA+ service organizations Local government staff/officials Local jails Mental health service organizations Mental health advocates Other homeless subpopulation advocates Public housing authorities School administrators/homeless liaisons Street outreach teams Substance use advocates Substance use service organizations Victim service providers Youth advocates Youth homeless organizations *LGBTQIA+ stands for lesbian, gay, bisexual, transgender, questioning/queer, intersex, and agender/asexual and is also meant to be generally inclusive of those who don’t identify as heterosexual and cisgender. In addition to the above requirements, both public- and private-sector seats should, as much as possible, include representation from people with lived experience of the following Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 12 subpopulations or from organizations or agencies who serve these subpopulations: families with children, persons experiencing chronic homelessness; persons with chronic substance use issues; persons with HIV/AIDS; persons with mental health challenges; seniors; veterans; survivors of domestic violence, dating violence, sexual assault, trafficking, and stalking; and youth and young adults with a lived experience of homelessness. Upon expiration of the term of a Council seat, the seat will be vacated and filled through the annual selection process. Council members whose seats expire are eligible to reapply for the seat they previously filled. If a seated Council member is unable to complete the two-year term, the Council may invite a replacement member, through the selection process, who shall serve out the remainder of the two-year term for that seat. As vacancies occur, the Council will fill seats in a way that prioritizes retaining institutional knowledge and representation of lived experience of homelessness. During a scheduled vacancy (i.e., when a seat term expires), if there is a delay in seating a new member, the Council may decide by majority vote to extend an outgoing member’s term until a successor is seated, provided that the outgoing member is agreeable. Section 3. Selection Process The Council will review all eligible applications for open seats annually. The Council will recommend new members through majority vote. This selection process must be reviewed, updated, and approved by the CoC at least once every five (5) years as per 24 C.F.R. §578.7 (a)(3). Section 4. Officers The Council shall elect one Chair and one Vice-Chair to provide for the operation and conduct of business. Terms for the Officers shall be one year. Officers may serve no more than four consecutive terms in the same Council seat. The Council must take action to replace an Officer within three months from the date of vacancy or expiration of term. During the time the Council is acting to replace an Officer in a Council seat that has expired, the Officer may continue to serve in that role until the Council finds a replacement. The Chair of the Council shall provide oversight for the operation of the Council. The Chair shall preside over meetings of the Council. The Chair may call for special meetings of the Council or its committees. If the Chair is absent, or the office is vacant, the Vice -Chair shall assume responsibility for the operation of the Council. Section 5. When A Seated Member No Longer Meets the Eligibility Criteria If a seated Council member no longer meets the eligibility criteria for the seat to which they are appointed, the Council: A. May request the Council member to submit a statement of resignation to the Council within 30 days of the change. B. May recommend to the Board of Supervisors the removal of the member and the Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 13 subsequent appointment of an eligible Candidate selected by the Council. C. May, where there is no apparent candidate to fill the seat, continue the seated member’s participation, with or without limitation, until an eligible candidate is found. D. May, with no less than 10 business days’ notice to the Council member at issue, review the Council member’s membership status on the Council and vote to limit the Council member from further participation, until the Council member resigns or the Board of Supervisors removes the member. Section 6. Meetings and Attendance The Council will set an annual meeting schedule. The Council will meet monthly, and the full membership of the Continuum of Care will convene quarterly with published agendas. Two absences, excused or unexcused, from the regularly scheduled Council meeting in any 12- month period will warrant inquiry from the Council as to ability and interest of the individual in continuing as a member. Three unexcused absences within any 12-month period from time of appointment will result in a recommendation to the Board of Supervisors that this member be removed from the Council. Any Council member unable to attend a meeting should notify the Chair of the Council or its administrative designee to request an excused absence. The Chair of the Council or its administrative designee will maintain attendance records, and notify the Council when two absences are recorded. Section 7. Voting Members A quorum of a majority of the appointed Council members is required for the conduct of business. Decisions must be made by an affirmative vote of a majority of Council members present during a Council meeting. Section 8. Amendment and Review The Council will review the Governance Charter and Bylaws at least annually and update and approve as needed. Amendment of the Council on Homelessness Governance Charter and Bylaws requires an affirmative vote of two-thirds majority of current sitting Council members, provided that public notice of the scheduled vote on the amendment was provided at least two weeks prior to that Council meeting. Amendments must be submitted to the Contra Costa County Board of Supervisors for approval, and take effect only upon approval by the Board of Supervisors. Section 9. Committee Structure and Operations Overview Committees and Working Groups As per 24 C.F.R. §578.7 (a)(4), the CoC must appoint additional committees, subcommittees or workgroups. The Council will have Standing Committees, Ad-Hoc Committees and Working Groups. All Council members are expected to participate in at least one Committee or Wor king Group for the calendar year or the duration of the Committee or Working Group, if it is a time limited Committee or Working Group. Each Committee and Working Group will develop its own Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 14 strategy and approach to meet goals in alignment with the annual Council Workplan. Each Committee and Working Group will decide whether to designate a chair (who must be a Council member). Contra Costa Health, Housing, and Homeless Services Division (H3) of Contra Costa Health Services and/or their designee will provide support and coordination to all Committees and Working Groups. All Committees and Working Groups will strive to make decisions through consensus. Committees and Working Groups can independently provide feedback to the Council on Homelessness on the topics they are tasked with focusing on and conduct planning processes (e.g., work planning, establishing goals for an evaluation). All other items (e.g., establishing prioritization, developing or updating policy) must be brought to the Council on Homelessness for a vote. Standing Committees Standing Committees meet on a regular, ongoing basis and meetings are open to the public. Only the Council on Homelessness has the authority to create a Standing Committee. The creation, suspension, or dissolution of a Standing Committee does not require a revision to these Bylaws. 1. Oversight Committee – The purpose of the Oversight Committee is to oversee the annual monitoring process and review and assess the development, implementation, and improvement of the CoC and Coordinated Entry System. 2. Funding Committee – The purpose of the Funding Committee is to direct the community input process for time-sensitive federal and state funding streams, including the CoC/ESG programs administered by HUD. 3. HMIS Policy Committee – The purpose of the HMIS Policy Committee is to develop and share updates on the Homeless Management Information System (HMIS), including HMIS policies and practices, compliance, and troubleshooting. 4. PATH (Plan for Accelerating Transformative Housing) Innovations Committee – The PATH Innovations Committee is comprised of a diverse group of community stakeholders and CoC partners who commit to leading, monitoring, implementing, and assigning priorities to reduce unsheltered homelessness by 75% by the end of 2024. 5. Policy Committee – The purpose of the Policy Committee is to monitor and review local, state, and federal policies that impact housing and homelessness in Contra Costa County. 6. Equity Committee – Increase awareness, community dialogue, and lead concrete actions to achieve equity throughout the homeless system of care. Ad-Hoc Committees Ad-Hoc Committees meet on an as-needed basis for a time-limited period. Ad-Hoc Committee meetings are open to the public. Only the Council on Homelessness has the authority to create an Ad-Hoc Committee. The creation, suspension, or dissolution of an Ad-Hoc Committee does not require a revision to these Bylaws. 1. Governance Committee – The purpose of the Governance Committee is to review and revise the Governance Charter and Bylaws on an annual basis to increase Council Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 15 efficiency and impact. 2. Homelessness Awareness Month Committee – The purpose of the Homelessness Awareness Month Committee is to plan annual Homelessness Awareness Month activities. 3. CoC/ESG (Continuum of Care/Emergency Solutions Grant) Committee – The purpose of the CoC/ESG Committee is to support the preparation and submission of applications for funds administered by HUD, including the CoC Program. 4. Point in Time (PIT) Count Committee – The purpose of the PIT Count Committee is to oversee the annual Point in Time count of people experiencing homelessness in Contra Costa County. Working Groups The Council or Committees may form time-limited Working Groups to focus on specific tasks or projects. Working Groups are comprised of Council members and meetings are open to the public. Working Groups report to the body that formed it – either the full Council or a Committee. The creation, suspension, or dissolution of a Working Group does not require a Bylaws revision. Section 10. Council Staffing and Recordkeeping The Council on Homelessness is supported by Contra Costa Health, Housing, and Homeless Services Division (H3) of Contra Costa Health Services as outlined in the Governance Charter. The responsibilities of Contra Costa Health, Housing, and Homeless Services staff to the Council include: A. Storage of all Council and committee records, including agendas and minutes for all meetings; B. Presentation of annual reports to the Board of Supervisors or reports as called for by the Family and Human Services Committee; C. Implementation, administration, and management of the Contra Costa County homelessness response system, including the Coordinated Entry System and Homeless Management Information System; D. Serving as the Collaborative Applicant and Administrative Entity designated by the CoC to apply for and administer program funds for the CoC; All duties identified throughout these Bylaws that may be delegated to an administrative designee. Article V. Conduct & Conflict of Interest Section 1. Code of Conduct Each Council member will uphold certain standards of performance and good conduct and avoid real or apparent conflicts of interest. In order to prevent a conflict of interest, a Council member, chairperson, employee, agent, or consultant of the Council may not: A. Influence decisions concerning the selection or award of a grant or other financial benefit to an organization that the Council member, employee, officer, or agent has a financial or other interest in or represents, except for the Council itself. Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 16 B. Solicit and/or accept gifts or gratuities by anyone for their personal benefit in excess of minimal value as defined by the California Fair Political Practices Commission (FPPC). C. Engage in any behavior demonstrating an actual conflict of interest or giving the appearance of any such conflict. D. Engage in violations of the law or unethical business practices, which includes any payments for illegal acts, indirect contributions, rebates, and bribery. Section 2. Conflict of Interest All Council members must file an initial and annual Conflict of Interest statement with the Chair of the Council or its administrative designee. Failure to file such a statement may result in the removal of a member. Contra Costa Council on Homelessness Governance Charter & Bylaws – Approved on 6/6/24 Page 17 Appendix: Contra Costa County Continuum of Care Timeline 1986 1987 Concerned community members begin drafting, “A Plan for Dealing with Homelessness in Contra Costa County”. 1991 The Task Force on Homelessness reports to the Board of Supervisors on Homelessness in Contra Costa County and includes Recommendations for Action. A symposium is held to address homelessness in Contra Costa County. 1994 1997 Contra Costa County Board of Supervisors mandates that a comprehensive, integrated plan for homeless services must be developed for the County. In response, the Ad Hoc Homeless Task Force is created to coordinate a countywide planning process and write the county’s first official Homeless Plan. The Board of Supervisors officially establishes the Homeless Continuum of Care Advisory Board (CoCB) under Board Order C.87. 1999 The CoCB meets to oversee the planning process, to review the original plan, and to update the 2001- 2006 Contra Costa Continuum of Care Homeless Plan. 2000 Contra Costa County begins the process of developing a new five-year Homeless Continuum of Care Plan. The CoCB coordinates the planning process. 2001 The plan is adopted. The CoCB is the lead agency for the Continuum of Care Planning Process, setting new objectives in response to changing circumstances. 2004 2003 The CoCB adopts by-laws that include assuming all previous functions of the Contra Costa Homeless Advisory Committee and the new responsibilities under federal and state regulation of the Homeless Continuum of Care Boards. The Board of Supervisors approves Ending Homelessness in Ten Years: A County-wide Plan for the Communities of Contra Costa County. This plan embraces key concepts of the Five Year Plan but does not replace it. HIJIDWG, a newly formed group, is charged with the implementation of the Ten Year Plan provisions. This group begins meeting regularly . 2005 On parallel tracks the CoCB and HIJIDWG continue to work towards ending homelessness, with similar issues and membership. 2008 2014 The CoCB and HIJIDWG merge to become the Contra Costa Interjurisdictional Council on Homelessness (CCICH). 2015 Using the ten-year plan as a foundation, CCICH develops a strategic plan update, Forging Ahead, outlining the guiding principle that homelessness is first a housing issue, and necessary supports and services are critical to help people remain housed. CCICH rebrands as the Council on Homelessness, adopting new by-laws and governance charter to reflect the role of the CoC and the Council. COUNCIL ON HOMELESSNESS PRESENTATION September 23,2024 BYLAWS EDITS BYLAWS PROCESS 1. Governance Committee is convened (annually) 2. Governance Committee makes recommended revisions 3. County Counsel reviews recommended revisions 4. CoH reviews and approves revision (requires 2/3 majority vote) 5. Board of Supervisors (BoS) reviews and approves 1. Governance Committee 3. County Counsel 2. CoH 4. Board of Supervisors 2024 SUMMARY OF BYLAWS REVISIONS •Update Seat Descriptions for: •Behavioral Health •Education & Vocational Services •Homeless Service Provider and ESG/CoC Grantee seat descriptions •Workforce Development •Align bylaws with current practice PROPOSED REVISIONS: SEAT NAMES/ DESCRIPTIONS Behavioral Health •Added “with experience impacting behavioral health policy, decision-making, and/or funding” Provider Related Seats •Added reference to domestic violence services Educational/Vocational Seat •Added “K-12” and removed “Vocational” Workforce Development •Added “Vocational” PROPOSED REVISION: ALIGN BYLAWS WITH CURRENT PRACTICE •Update “Article II Overview and Mission” to include CoH as an advisory body to the BOS and include link to advisory body handbook •Committees: •Add “Equity Committee” •Delete “System Performance Committee” •Revised description of “PATH Innovations Committee” Q2, 2024 COH REPORT SYSTEM FUNDING •NOFO Federal •ERG State SYSTEM INITIATIVES Equity Engagement of PWLE Homelessness Awareness Month Youth and Young Adult Needs Assessment Point in Time Count Report CoC Participant Satisfaction Survey RECOMMENDATIONS Share the "Community Needs Assessment For Youth and Young Adult Homelessness in Contra Costa County" with the community when published to amplify the needs of youth and young adults experiencing homelessness in Contra Costa County. ALIGN SEAT EXPIRATION DATES PROPOSED CORRECTIONS Before correction After correction # of seats expiring 12/31/24 12 9 # of seats expiring 12/31/25 7 10 SEATS TO ADJUST EXPIRATION DATE Behavioral Health City Government Youth Representative 2023 COC ANNUAL REPORT PROGRAM UTILIZATION IN COC 9,633 9,572 9,224 10,600 14,002 7,497 7,153 6,825 7,725 9,632 2019 2020 2021 2022 2023 Total Served (Individuals)Total Served (Households) 28% increase since 2019 HIGHLIGHTS Successes •98% retention rate for PSH •Increased funding •Strong partnerships Challenges •5-year increases in multiple vulnerable populations •African Americans over- represented x4 •37% reported losing housing in East County QUESTIONS? CONTACT Jaime Jenett, Staff to the Council on Homelessness Jaime.jenett@cchealth.org 925-464-0152 (cell) Council on Homelessness Seat Expiration Date Reconciliation Chart Seat Name Appointee Affiliation Date appointed Current Expiration Date Proposed Expiration Date Note 1. Education and Vocational Services Representative Alejandra Chamberlain Homeless Education Liaison, Contra Costa Office of Education 12.13.22 12.31.24 12.31.24 2. Employment and Human Services (EHSD) Representative Carolyn Foudy Interim Aging and Adult Director , Employment and Human Services Department 12.12.23 12.31.25 12.31.25 3. Behavioral Health Representative Dani Jimenez Lead Mental Health Community Support Worker Contra Costa Health: Behavioral Health 12.12.23 12.31.24 12.31.25 Appointed mid-term after Margaret Schlitz stepped down 4. Homeless Service Provider Representative Deanne Pearn Executive Director, Hope Solutions 12.13.22 12.31.24 12.31.24 5. Federal Homeless and Housing Funding Administrator Representative Gabriel Lemus Contra Costa Department of Conservation and Development 12.13.22 12.31.24 12.31.24 6. Community Member Representative Hope Dixon Community Member 12.12.23 12.31.25 12.31.25 7. Affordable Housing Developer Representative Iman Novin Novin Development Consulting 12.13.22 12.31.24 12.31.24 8. Veterans Administration Representative Jai De Lotto Coordinated Entry Specialist (Contra Costa, Solano, Yolo & Napa), Northern California VA Healthcare System 12.13.22 12.31.24 12.31.24 9. Workforce Development Representative Janae Thomas Program Director of Employment & Training, Swords to Plowshares 12.13.22 12.31.24 12.31.24 10. City Government Representative Jazmin Ridley Unhoused Resident Coordinator City of Antioch 12.12.23 12.31.24 12.31.25 Appointed mid-term after Teri House stepped down 11. Lived Experience Advisor #2 Jo Bruno Adult with Lived Experience 12.13.22 12.31.24 12.31.24 12. Lived Experience Advisor #1 Juno Hedrick Adult with Lived Experience 12.13.22 12.31.24 12.31.24 13. CoC/ESG Program Grantee Representative Leslie Gleason Executive Director, Trinity Center 12.12.23 12.31.25 12.31.25 14. Health Care Representative Mia Fairbanks Public Health Nurse Program Manager, Healthcare for the Homeless 12.13.22 12.31.24 12.31.24 15. Reentry Services Representative Nicole Green Game Plan for Success Reentry Transition Specialist, Contra Costa County Office of Education 12.12.23 12.31.25 12.31.25 16. Public Safety Representative #2 Shawn Ray Lieutenant, San Pablo Police Department 12.12.23 12.31.25 12.31.25 17. Public Housing Authority Representative Tony Ucciferri Special Assistant to the Executive Director, Housing Authority of County of Contra Costa 12.12.23 12.31.25 12.31.25 18. Faith Community Representative Wayne Earl Pastor, Rock Harbor Christian Fellowship 12.12.23 12.31.25 12.31.25 19. Youth Representative Yahel Moreno TAY with Lived Experience 4.9.24 12.31.24 12.31.25 Appointed mid-term after Kristin Alvarez stepped down Before correction After correction # of seats expiring 2024 12 9 # of seats expiring 2025 7 10 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 348 Name: Status:Type:Consent Resolution Passed File created:In control:9/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Resolution No. 2024-348 proclaiming the week of October 23-31, 2024 as Red Ribbon Week, as recommended by the Health Services Director. Attachments:1. Signed Resolution No. 2024-348.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Red Ribbon Week Proclamation 2024 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT recommendation to proclaim Red Ribbon Week on October 23rd -31st, 2024 in Contra Costa County. In recognition of the ongoing alcohol and other drugs prevention efforts by schools and prevention community organizations to increase safety and well-being among Contra Costa communities. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: Once a year, the Alcohol and Other Drugs Advisory Board of Contra Costa County and its partners acknowledge Red Ribbon Week in Contra Costa County on October 23rd -31st, 2024, to highlight substance use prevention efforts to increase the safety and well-being of Contra Costa residents. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-348,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF DECLARING OCTOBER 23rd - 31st, 2024 “RED RIBBON WEEK” IN CONTRA COSTA COUNTY WHEREAS, on the occasion of the proclamation of “National Red Ribbon Week”, Contra Costa County joins schools and communities across California including the Community Alliance for Drug Free Youth (CADFY), parent-community organizations, the Office of National Drug Control Policy, the Governor, the Office of the Attorney General, the State Department of Education, the California Parent Teacher Association, and over 100 other statewide agencies, departments, and other organizations to demonstrate their commitment to drug-free lifestyles; and WHEREAS, the National Family Partnership, Inc., initiated the Red Ribbon Campaign after Drug Enforcement Administration Agent Enrique “Kiki” Camarena was killed in Mexico by drug traffickers in 1985; and WHEREAS, drug and alcohol abuse create staggering societal costs and prevent millions of people from reaching their full potential at school, on the job, and in their communities. At a time when overdoses have reached an all-time high, it is imperative that visible, unified efforts by community members be launched to prevent drug use and alcohol abuse; and WHEREAS, in 2022, more than 107,000 Americans died from drug overdoses with 76% involving prescription or illicit opioids, according to data from the U.S. Centers for Disease Control and Prevention. This increase has largely been driven by rising overdoses involving synthetic opioids, primarily fentanyl. Overdose deaths involving psychostimulants, and particularly methamphetamine, have also risen steeply in recent years, and many of these deaths involved use of an opioid at the same time; and WHEREAS, delaying substance use until after adolescence significantly reduces the likelihood of developing a substance use disorder and that every dollar spent on effective school-based prevention programs returns $18 in averted medical costs and improved productivity. By investing in evidence-based and promising strategies like youth-led programs which contribute to the development of our youth’s full potential, we can continue to make progress and protect our future; and CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-348,Version:1 WHEREAS, with drug overdose deaths rising at an unprecedented rate, it is critically important that we take action to prevent substance use among youth and continue to invest in the expansion of youth specific substance use disorder prevention and treatment programs in Contra Costa; and WHEREAS, this year Alcohol and Other Drugs in partnership with the Alcohol and Other Drugs Advisory Board, schools and other community-based organizations, coordinate Red Ribbon Week activities to offer residents an opportunity to demonstrate their commitment to healthy, alcohol and drug-free lifestyles, by wearing and displaying Red Ribbons and participating in prevention activities during this week-long celebration; and NOW, THEREFORE, BE IT RESOLVED: .endThat the County Board of Supervisors does hereby support October 23rd - 31st, 2024 as RED RIBBON WEEK “Life is a Movie. Live Drug Free”, and encourages all citizens to participate in tobacco, alcohol and other drug prevention programs and activities. Be it also resolved that the County Board of Supervisors encourages all community members to pledge support to alcohol and drug-free communities. CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 349 Name: Status:Type:Consent Resolution Passed File created:In control:9/25/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Resolution No. 2024-349 recognizing Los Medanos College for 50 years of excellence in education, workforce training and innovation, and servicing the students and community of Contra Costa County, California, as recommended by Supervisors Burgis & Glover. Attachments:1. Signed Resolution No. 2024-349.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Diane Burgis, District III Supervisor Report Title:Resolution recognizing Los Medanos College for 50 years of excellence in education, workforce training and innovation, and servicing the students and community of Contra Costa County, California. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution recognizing Los Medanos College for 50 years of excellence in education, workforce training and innovation, and servicing the students and community of Contra Costa County, California, as recommended by Supervisors Burgis & Glover. FISCAL IMPACT: N/A BACKGROUND: N/A CONSEQUENCE OF NEGATIVE ACTION: Resolution would not be adopted. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-349,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF Recognizing Los Medanos College for 50 years of excellence in education, workforce training and innovation, and servicing the students and community of Contra Costa County, California. WHEREAS, 2024 marks the 50th anniversary of Los Medanos College (LMC). In 1974, the Contra Costa Community College District (4CD), opened LMC in Pittsburg as the third and youngest college of the district, to serve East Contra Costa County. WHEREAS, the name of the college was derived from “Rancho Los Medanos” which was among the last of the Mexican land grants in the formation of California. Roughly translated from Spanish, “Los Medanos” means “The Sand Dunes.” WHEREAS, over the past five decades, LMC has grown and adapted to the needs of their students and the greater community. The college has a unique geographic location, which enhances the diversity of the students, community, industry and businesses it serves and the programs it offers. LMC proudly serves the areas of Pittsburg, Antioch, Bay Point, Clayton, Concord, Brentwood, Oakley, Knightsen, Bethel Island, Byron and Discovery Bay. They currently offer over 90 program options, and have established themselves as a cultural focal point for the community; and WHEREAS, in 1998, with the influx of new residents in East County and the demand for educational options, LMC began offering programs in rented classroom space in Brentwood, 13 miles east of the Pittsburg campus. As East County grew in population, traffic increased and based on student demands, LMC continued to expand its offerings and eventually built the Brentwood Center, a state-of-the-art, second campus located in The Vineyards at Marsh Creek development; and WHEREAS, to kick off recognition of their golden anniversary, the college released its 50 th anniversary logo. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-349,Version:1 The logo’s compass rose in which each direction spells LMC is indicative of its mission to help students find their future. Special activities have been planned to celebrate the occasion of this anniversary, including the first official Homecoming football game in October; and WHEREAS, it is fitting that we should join in the expression of our pride and appreciation for the many educational and civic benefits that our community has enjoyed over the past 50 years because of the contributions of the staff and students of LMC. NOW, THEREFORE, BE IT RESOLVED: that the Contra Costa County Board of Supervisors do hereby recognize and celebrate the 50 th anniversary of Los Medanos College and urge all citizens of Contra Costa County to join in celebrating their golden anniversary. CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 344 Name: Status:Type:Consent Resolution Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Resolution No. 2024-344 in honor of Lynne M. Noone on the occasion of her retirement from Contra Costa County, as recommended by the County Librarian. Attachments:1. Signed Resolution No. 2024-344.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Adopt Resolution in honor of Lynne M. Noone on the occasion of her retirement. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a Resolution in honor of Lynne M. Noone on the occasion of her retirement from Contra Costa County. FISCAL IMPACT: None. BACKGROUND: Please see attached resolution. CONSEQUENCE OF NEGATIVE ACTION: N/A CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-344,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF recognizing the contributions of Lynne M. Noone on the occasion of her retirement from service to Contra Costa County WHEREAS Lynne M. Noone joined Contra Costa County on January 22, 2013 as a Library Assistant - Journey Level at the Ygnacio Valley Library and served in that position through April 21, 2014, when she was promoted as the Adult Services Librarian in Concord; and WHEREAS, in her role as a Librarian, Lynne established and maintained multiple contacts with organizations in the Concord community, receiving positive feedback from all of them; expanded the volunteer groups at Concord to Insiders groups and others to make the Concord Library a positive place to obtain help; and began co-chairing the Library’s Training Committee, which she continued through the remainder of her career with the Library; and WHEREAS Lynne was accepted as a Eureka! Fellow, a prestigious leadership program that typically accepts between 10 and 20 library staff across the state; and WHEREAS,on September 14, 2015, Lynne began taking additional duties at the Hercules Library and, on November 9, 2015, was permanently assigned as the Senior Community Library Manager there; and WHEREAS,as the manager, she successfully advocated for additional hours for the Hercules Library and organized and started the ukelele kit lending program; and WHEREAS,on May 18, 2020, Lynne was promoted to Library Services Manager and led the Reopening Task Team to reopen the libraries following the massive closures brought because of the COVID-19 pandemic, during which time she headed the Grab and Go project, which allowed patron access to library materials while the branches themselves remained closed; and WHEREAS, on September 6, 2021, Lynne was promoted to Deputy County Librarian, in which capacity she established a training and mentorship program for new Librarian I staff; and CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-344,Version:1 WHEREAS Lynne led the effort to create Library Wellness teams at the Concord, San Pablo, and Antioch branches in coordination with Employment and Human Services Department staff; and WHEREAS Lynne was instrumental in implementing the Rolling Reader early literacy outreach program, including procuring its all-electric van, to provide Library services to underserved populations; NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors does hereby honor and congratulate Lynne M. Noone upon her retirement from Contra Costa County. CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 346 Name: Status:Type:Consent Resolution Passed File created:In control:10/2/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:Acting as the governing board of the Contra Costa County Fire Protection District; ADOPT Resolution No. 2024-346 proclaiming October 6-12, 2024 as Fire Prevention Week in Contra Costa County, as recommended by the Fire Chief. Attachments:1. Signed Resolution No. 2024-346.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Lewis Broschard, Chief, Contra Costa County Fire Protection District Report Title:Resolution Proclaiming October 6-12, 2024 as Fire Prevention Week in Contra Costa County. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a Resolution proclaiming October 6-12, 2024 as Fire Prevention Week in Contra Costa County as recommended by the Fire Chief, Contra Costa County Fire Protection District. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Fire Chiefs of the Contra Costa County Fire Protection District, San Ramon Valley Fire Protection District, Moraga-Orinda Fire Protection District, Crockett-Carquinez Fire Protection District, Kensington Fire Protection District, Rodeo-Hercules Fire Protection District, El Cerrito Fire Department, and Richmond Fire Department collectively support fire prevention and public education efforts to improve fire safety and reduce the occurrence of structure fires and related injuries. Every year, the first week of October represents a nationwide effort to increase awareness of a specific fire safety topic related to residential fire prevention. CONSEQUENCE OF NEGATIVE ACTION: The Board would not have the opportunity to proclaim this week in October as Fire Prevention Week and join other agencies and elected bodies in reinforcing the need for personal accountability and action to reduce the occurrence of residential fires. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:RES 2024-346,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF Proclaiming October 6-12 as Fire Prevention Week throughout Contra Costa County WHEREAS,Fire Prevention Week was established to commemorate the Great Chicago Fire of 1871 that tragically killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures and burned more than 2,000 acres; and WHEREAS, this event changed the way firefighters and public officials thought about fire safety; and WHEREAS, The President of the United States has signed a proclamation pronouncing a national observance during that week every year since 1925; and WHEREAS, residents of Contra Costa County are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, Contra Costa County is committed to ensuring the safety and security of all those living in and visiting our county; and WHEREAS, all Contra Costa County Fire Chiefs, firefighters, and fire prevention personnel are dedicated to reducing the occurrence of structure fires and related injuries through fire prevention and public safety education; and WHEREAS, the 2024 theme, "Smoke alarms: Make them work for you!" focuses on public education to reinforce the need to install smoke alarms in every bedroom, in the hallways of the home, and on each level of the home, testing smoke alarms monthly, and replacing all smoke alarms when they are 10 years old or stop responding when tested because early warning from working smoke alarms saves lives. NOW, THEREFORE, BE IT RESOLVED:The Contra Costa County Board of Supervisors does hereby proclaim October 6-12, 2024 as Fire Prevention Week in Contra Costa County. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3278 Name: Status:Type:Consent Item Passed File created:In control:9/25/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:Acting as the governing board of the Contra Costa County Fire Protection District, ACCEPT the resignation of Madhan Guna, DECLARE a vacancy in the At Large Alternate #2 Seat on the Contra Costa County Fire Protection District Advisory Fire Commission for a term ending on June 30, 2028, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Fire Chief. Attachments:1. Vacancy Notice.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Lewis Broschard, Chief, Contra Costa County Fire Protection District Report Title:Declare Vacancy on the CCCFPD Advisory Fire Commission ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing board of the Contra Costa County Fire Protection District,ACCEPT the resignation of Madhan Guna,DECLARE a vacancy in the At Large Alternate #2 seat on the CCCFPD Advisory Fire Commission for a term ending on June 30, 2028, and DIRECT the Clerk of the Board to post the vacancy. FISCAL IMPACT: No Fiscal Impact BACKGROUND: The CCCFPD Advisory Fire Commission was originally established by Resolution No.99/138 by the authority of California Health and Safety Code Section 13844.The functions of the Advisory Fire Commission,revised by Resolution No.2022/9,are to (1)serve as the Appeals Board on weed abatement matters;(2)review and make recommendations on Fire District goals and objectives;(3)provide advice and information to the Board of Directors on fire protection matters as needed;(4)serve as liaison between the Board of Directors and the community served by the District;(5)perform such other duties and responsibilities as may be assigned and as directed by the Board of Directors.The bylaws of the Commission provide that the District Seat be appointed by the Board of Supervisors. The term of the seat expires on June 30, 2028. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3278,Version:1 Mr. Guna vacated the seat due to personal reasons. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain unfilled,and this will potentially make it more difficult to achieve a quorum when seated members are absent. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3271 Name: Status:Type:Consent Item Passed File created:In control:9/23/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ACCEPT the Contra Costa County Public Law Library Board of Trustees 2023-2024 Annual Report, as recommended by the County Administrator. Attachments:1. Public Law Library Annual Report 23-24 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Contra Costa County Public Law Library 2023-2024 Annual Report ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT the Contra Costa County Public Law Library Board of Trustees’ 2023-2024 Annual Report. FISCAL IMPACT: None. BACKGROUND: On January 7, 2020, the Board of Supervisors adopted Resolution No. 2020/1, which requires that each regular and ongoing board, commission, or committee annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training, certification programs, and proposed work plan or objectives for the following year. Additionally, California Business and Professions Code Section 6349 states, "Each board of law library trustees, on or before the 15th day of October of each year, shall make an annual report to the board of supervisors of the county in which the law library is maintained, for the preceding fiscal year ending on the 30th day of June. A copy of the report shall be filed with the auditor of the county. The report shall give the condition of their trust, with full statements of all their property and money received, whence derived, how used and expended, the number of books, periodicals and other publications on hand, the number added by purchase, gift, or otherwise during the year, the number lost or missing, and other information as might be of interest." CONSEQUENCE OF NEGATIVE ACTION: The Public Law Library would be out of compliance with Resolution No. 2020/1 and Business and Professions Code 6349. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3271,Version:1 CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3272 Name: Status:Type:Consent Item Passed File created:In control:10/1/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE Board meeting minutes for September 2024. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Approve the Board meeting minutes for September 2024 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Board meeting minutes for September 2024, as on file with the Office of the Clerk of the Board. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code Section 25101(b) requires the Clerk of the Board to keep and enter in the minute book of the Board a full and complete record of the proceedings of the Board at all regular and special meetings, including the entry in full of all resolutions and of all decisions on questions concerning the allowance of accounts. The vote of each member on every question shall be recorded. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not be in compliance with Government Code Section 25101(b). CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3273 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPOINT Cheryl Cotton to the At-Large #3 Seat on the Contra Costa Commission for Women and Girls for a term ending on February 28, 2027, as recommended by the Family and Human Services Committee. Attachments:1. Cotton, Cheryl Application_Redacted, 2. CCCWG Roster_Redacted Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Family & Human Services Committee Report Title:Appointment to the Contra Costa Commission for Women and Girls ☐Recommendation of the County Administrator ☒ Recommendation of Board Committee RECOMMENDATIONS: APPOINT Cheryl Cotton to the At-Large #3 Seat on the Contra Costa Commission for Women and Girls for a term ending on February 28, 2027, 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 adopted Resolution No. 2020/1 adopting policy amendments governing appointments to boards, committees, and commissions that are advisory to the Board of Supervisors. Included in this resolution was a requirement that applications for at large/countywide seats be reviewed by a Board of Supervisors committee. The Contra Costa Commission for Women and Girls (CCCWG) was formed to educate the community and advise the Contra Costa County Board of Supervisors on issues relating to the changing social and economic conditions of women in the County, with particular emphasis on the economically disadvantaged. The Commission's mission is, “to improve the economic status, social welfare, and overall quality of life for women in Contra Costa County.” The Commission consists of 15 members and one Alternate At-Large member including: five district representatives (one from each supervisorial district), ten At-Large members, and one Alternate. The five CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3273,Version:1 district representatives are nominated for a four year term by each member of the Board of Supervisors. The ten At-Large members and the one alternate are nominated by the CCCWG Membership Committee and forwarded to the full CCCWG. The full CCCWG then makes appointment recommendations to the Family and Human Services Committee. All Commission seat terms are for a period of four (4) years with staggered expiration dates. Ms. Cheryl Cotton applied to serve on the CCCWG on April 23, 2024. On August 27, 2024, the CCCWG voted to approve the recommendation of her appointment to the At Large #3 seat on the Commission. At the September 23, 2024 Family and Human Services Meeting, the Committee recommended the appointment of Cheryl Cotton to the At-Large #3 Seat on the Contra Costa Commission for Women and Girls for a term ending on February 28, 2027. CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members is likely to reduce public participation in advising policy development. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ Submit Date: Apr 23, 2024 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Employer Job Title Contra Costa County Boards & Commissions Application Form Profile District Locator Tool Resident of Supervisorial District: District 1 Length of Employment 3 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? 42 Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? Contra Costa Commission for Women and Girls: Submitted Cheryl Cotton San Pablo CA CA Department of Education Deputy Superintendent Cheryl Cotton Seat Name At-Large 1 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? 1 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended University of California, Berkeley Degree Type / Course of Study / Major BA, Social Welfare Degree Awarded? Yes No College/ University B Name of College Attended Mills College Degree Type / Course of Study / Major MA, Education Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Cheryl Cotton Degree Awarded? Yes No Other Trainings & Occupational Licenses Other Training A Multiple Subject Teaching Credential Certificate Awarded for Training? Yes No Other Training B Administrative Services Credential Certificate Awarded for Training? Yes No Occupational Licenses Completed: Qualifications and Volunteer Experience Please explain why you would like to serve on this particular board, commitee, or commission. As a working mother, single parent, and career educator, I am deeply committed to advancing gender equality and addressing the challenges faced by women and girls in our society. I am eager to contribute my skills, experience, and passion to this important cause. Despite significant strides over the decades in recognizing the rights and empowerment of women and girls, within the last few years, we have witnessed challenges that hinder the full realization of gender equality. From economic disparities to barriers in education, healthcare, and political representation, women and girls around the world and within our local community face multifaceted obstacles that demand urgent attention and action. As a commission member, I aim to leverage my background, experience, and skills to address these challenges effectively. In addition to my professional skills, I bring a deep sense of dedication, empathy, and advocacy to this role. I am committed to listening to the voices of women and girls, especially those from marginalized and underrepresented communities, and ensuring that their perspectives shape our decisions and priorities. Cheryl Cotton Upload a Resume Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I have served for thirty years in education as a classroom teacher, school coach, project coordinator, school principal, and an administrator at the district, county office of education, and state levels. My career has gifted me with unique opportunities to teach, lead, advocate, and impact students, educators, families, and communities. In addition, I have lead professional development on topics including implicit bias and equity. I have also been trained in developing compassionate systems and evocative coaching. I am a long standing member of Alpha Kappa Alpha Sorority, Inc. and chair my chapter's Sisterly Relations Committee and work with a team to develop activities and events that promote sisterhood and support for women and girls. Would you like to be considered for appointment to other advisory bodies for which you may be qualified? Yes No Do you have any obligations that might affect your attendance at scheduled meetings? Yes No If Yes, please explain: Are you currently or have you ever been appointed to a Contra Costa County advisory board? Yes No If Yes, please list the Contra Costa County advisory board(s) on which you are currently serving: If Yes, please also list the Contra Costa County advisory board(s) on which you have previously served: List any volunteer or community experience, including any advisory boards on which you have served. Conflict of Interest and Certification 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 Cheryl Cotton If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relationships? Yes No If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Important Information 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. Cheryl Cotton CHERYL COTTON San Pablo, CA 94806 Throughout my 30 year career in education, I have served as a classroom teacher, school coach, project coordinator, elementary principal, and an administrator at the district, county, and state levels. I have had unique opportunities to teach, lead, advocate, and impact students, educators, families, and communities. CAREER OVERVIEW EDUCATION AFFILIATIONS Deputy Superintendent California Department of Education January 2021- present As Deputy Superintendent of the Instruction, Measurement and Administration Branch, I support and monitor the following divisions: Curriculum Frameworks and Instructional Materials Division Educator Excellence and Equity Division Assessment Development and Administration Division State Special Schools and Services Division Office of Equal Opportunity CURRENT EXPERIENCE Bachelor of Social Welfare University of California, Berkeley Master of Education Mills College, Oakland CREDENTIALS Multiple Subject Credential Administrative Services Credential PREVIOUS EXPERIENCE Contra Costa County Office of EducationJuly 2019 - January 2021 Assistant Superintendent, HumanResources Director, Human Resources Albany Unified School DistrictMay 2018 - June 2019 West Contra Costa Unified School DistrictJuly 2012 - May 2018 Principal West Contra Costa Unified School DistrictOctober 2004 - June 2012 Statewide Model CurriculumCoordinating Council Contra Costa Youth Services BureauBoard Member CA Subject Matter ProjectConcurrence Committee CA Commission on TeacherCredentialing, Commissioner Smarter Balanced AssessmentConsortium Executive Committee AWARDS AND HONORS 2020 Outstanding Leadership inEducation Award, CAAASA 2018 Personnel/Human ResourcesAdministrator of the Year, ACSARegion 6 Alpha Kappa Alpha Sorority, Inc. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3274 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPOINT and REAPPOINT eleven (11) individuals to the Advisory Council on Aging with terms ending September 30, 2026, as recommended by the Family and Human Services Committee. Attachments:1. Michael Wener Application_Redacted.pdf, 2. Terri Tobey Application_Redacted.pdf, 3. Sam Sakai- Miller Application_Redacted.pdf, 4. Steve Lipson Application_Redacted.pdf, 5. Thomas Lang Application_Redacted.pdf, 6. Shirley Khron Application_Redacted.pdf, 7. Carol Kehoe Application_Redacted.pdf, 8. Kevin Donovan Application_Redacted.pdf, 9. Debbie Card Application_Redacted.pdf, 10. Cate Burkhart Application_Redacted.pdf, 11. Nicola Lopez Application_Redacted.pdf, 12. ACOA Roster.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Family & Human Services Committee Report Title:Appointments to the Advisory Council on Aging ☐Recommendation of the County Administrator ☒ Recommendation of Board Committee RECOMMENDATIONS: APPOINT and REAPPOINT eleven (11) individuals to the Advisory Council on Aging with terms ending September 30, 2026, as recommended by the Family and Human Services Committee. SEAT NAME NEW APPOINTMENT Member at Large #7 Nicola Lopez REAPOINTMENT Local Seat: Richmond Burkhart, Cate Member at Large #5 Card, Deborah Member at Large #17 Donovan, Kevin Local Seat: El Cerrito Kehoe, Carol Member at Large #2 Krohn, Shirley Member at Large #1 Lang, Thomas Member at Large #6 Lipson, Steve Member at Large #20 Sakai-Miller, Sam Member at Large #10 Tobey, Terri Member at Large #18 Wener, Michael CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:24-3274,Version:1 SEAT NAMENEW APPOINTMENTMember at Large #7 Nicola LopezREAPOINTMENTLocal Seat: Richmond Burkhart, CateMember at Large #5 Card, DeborahMember at Large #17 Donovan, KevinLocal Seat: El Cerrito Kehoe, CarolMember at Large #2 Krohn, ShirleyMember at Large #1 Lang, Thomas Member at Large #6 Lipson, Steve Member at Large #20 Sakai-Miller, Sam Member at Large #10 Tobey, Terri Member at Large #18 Wener, Michael FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The Advisory Council on Aging (ACOA) provides a means for county-wide planning, cooperation and coordination for individuals and groups interested in improving and developing services and opportunities for the older residents of this County. The Council provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging. The Advisory Council on Aging consists of 40 members serving 2-year staggered terms, each ending on September 30. The Council consists of representatives of the target population and the general public, including older low-income and military persons; at least one-half of the membership must be made up of actual consumers of services under the Area Plan. The Council includes: 19 representatives recommended from each Local Committee on Aging, 1 representative from the Nutrition Project Council, 1 Retired Senior Volunteer Program, and 19 Members at-Large. Pursuant to the ACOA Bylaws, the ACOA may recommend for appointment up to four (4) alternate Member-at- Large (MAL) members, who shall serve and vote in place of members (City or MAL) who are absent from, or who are disqualifying themselves from participating in a meeting of the ACOA. The Area Agency on Aging, the ACOA and the Clerk of the Board, using Contra Costa TV (CCTV), assisted with recruitment. Area Agency on Aging staff has encouraged interested individuals including minorities to apply through announcements provided at the Senior Coalition meetings and at the regular monthly meetings of the ACOA. The Contra Costa County Employment and Human Services Department (EHSD) website contains dedicated web content where interested members of the public are encouraged to apply. The website provides access to the Board of Supervisors' official application with instructions on whom to contact for ACOA related inquiries, including application procedures. At the September 23, 2024 Family and Human Services Meeting, the Committee approved the following appointment and reappointments with terms ending September 30, 2026 on the Contra Costa Advisory Council on Aging: SEATNAME NEW APPOINTMENT Member at Large #7 Nicola Lopez REAPOINTMENT Local Seat: Richmond Burkhart, Cate Member at Large #5 Card, Deborah Member at Large #17 Donovan, Kevin Local Seat: El Cerrito Kehoe, Carol Member at Large #2 Krohn, Shirley Member at Large #1 Lang, Thomas Member at Large #6 Lipson, Steve Member at Large #20 Sakai-Miller, Sam Member at Large #10 Tobey, Terri Member at Large #18 Wener, Michael CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:24-3274,Version:1 SEATNAMENEW APPOINTMENTMember at Large #7 Nicola LopezREAPOINTMENTLocal Seat: Richmond Burkhart, Cate Member at Large #5 Card, Deborah Member at Large #17 Donovan, Kevin Local Seat: El Cerrito Kehoe, Carol Member at Large #2 Krohn, Shirley Member at Large #1 Lang, Thomas Member at Large #6 Lipson, Steve Member at Large #20 Sakai-Miller, Sam Member at Large #10 Tobey, Terri Member at Large #18 Wener, Michael CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members will reduce public participation in advising policy development. CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ 340 341 342 343 344 345 346 Im ortant Information Advisory Council on Aging (current); Technology Workgroup Sharon H. Sakai-Miller 8/04/2024 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 1st Term Oct 03, 2023 to Jun 30, 2024 Position Low-Income Sector Alternate 2 Janelle T Lafrades 1st Term Jun 04, 2024 to Jun 30, 2024 Position Low-Income Sector 2 Nicola Lopez 1st Term Aug 13, 2024 to Jun 30, 2025 Position Low-Income Sector 1 Monisha Merchant 1st Term Aug 13, 2024 to Jun 30, 2025 Position Private/Non-Profit Sector 4 LaTonia M Peoples-Stokes 1st Term Oct 17, 2023 to Jun 30, 2025 Position District III Public Sector Devlyn Sewell 5th Term Oct 03, 2023 to Jun 30, 2025 Position Private/Non-Profit Sector 5 Kanwar Singh 1st Term Feb 27, 2024 to Jun 30, 2025 Position District V Public Sector Karen Colman 396 1st Term Dec 12, 2023 to Jun 30, 2025 Position Private/Non-Profit Sector 2 Desire Medlen 2nd Term Oct 03, 2023 to Jun 30, 2025 Position Low-Income Sector 3 Victor Benedict G Tiglao 2nd Term Jul 01, 2024 to Jun 30, 2026 Position Low-Income Sector 4 Patricia J Campbell 2nd Term Jul 01, 2024 to Jun 30, 2026 Position Private/Non-Profit Sector 1 Ajit K Kaushal 3rd Term Jul 01, 2023 to Jun 30, 2027 Position District IV Public Sector Renee Zeimer 5th Term Jul 01, 2024 to Jun 30, 2028 Position District II Public Sector 397 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3275 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPOINT Karanbir Bal to the Private/Non-Profit Sector 3 Seat and Jessica Cisneros to the Low- Income Sector 5 Seat with terms ending June 30, 2025, and REAPPOINT Janelle Lafrades to Low- Income Sector 2 Seat with a term ending June 30, 2026, on the Economic Opportunity Council, as recommended by the Family and Human Services Committee. Attachments:1. Bal Karanbir Application_Redacted, 2. Cisneros Jessica Application_Redacted, 3. Lafrades Janelle Application_Redacted, 4. Economic Opportunity Council Roster_August 2024 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Family & Human Services Committee Report Title:Appointment and Reappointment to the Economic Opportunity Council ☐Recommendation of the County Administrator ☒ Recommendation of Board Committee RECOMMENDATIONS: APPOINT Karanbir Bal to the Private/Non-Profit Sector 3 Seat and Jessica Cisneros to the Low-Income Sector 5 Seat with terms ending June 30, 2025, and REAPPOINT Janelle Lafrades to Low-Income Sector 2 Seat with a term ending June 30, 2026, on the Economic Opportunity Council, 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 adopted Resolution No. 2020/1 adopting policy amendments governing appointments to boards, committees, and commissions that are advisory to the Board of Supervisors. Included in this resolution was a requirement that applications for at-large/countywide seats be reviewed by a Board of Supervisors committee. The Economic Opportunity Council (EOC) is a tripartite advisory board to the Board of Supervisors and the Employment and Human Services Department, Community Services Bureau for Contra Costa County administration of the Community Services Block Grant (CSBG). The duties and responsibilities of the EOC include: reviewing fiscal and programmatic reports submitted by CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3275,Version:1 Community Services Bureau (CSB) staff; reviewing performance of Community Services Block Grant contractors and the Weatherization program services; selecting EOC officers and appointing members to committees; making recommendations to the County Board of Supervisors on all proposals and budgets related to Community Services Block Grant and Weatherization programs; and requiring and receiving budget and other reports prepared by CSB staff every other month along with an Annual Report. The Economic Opportunity Council includes 15 members and 2 alternates, divided equally among three "sectors", the Public Sector, the Low-income Sector, and the Private/Non-Profit Sector. There are 5 Public Sector seats; five (5) Low-Income Sector seats and one (1) Low-Income Sector alternate seat; and five (5) Private/Non-Profit Sector seats plus one (1) Private/Non-Profit Sector Alternate seat. On September 23, 2024, the Family and Human Service Committee recommended the appointment of Karanbir Bal to the Private/Non-Profit Sector 3 Seat and Jessica Cisneros to the Low-Income Sector 5 Seat with terms ending June 30, 2025, and the reappointment of Janelle Lafrades to Low-Income Sector 2 Seat, with a term ending June 30, 2026, on the Economic Opportunity Council. CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members is likely to reduce public participation in advising policy development. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ Submit Date: Mar 09, 2024 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Employer Job Title Contra Costa County Boards & Commissions Application Form Profile District Locator Tool Resident of Supervisorial District: District 4 Length of Employment 26 years Do you work in Contra Costa County? Yes No If Yes, in which District do you work? 4 How long have you lived or worked in Contra Costa County? 26 years Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? Economic Opportunity Council: Submitted Karanbir S BAL Self Owner Karanbir S BAL Seat Name Private /non profit 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 DAV collage Amritsar Punjab India Degree Type / Course of Study / Major BA 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 Karanbir S BAL Upload a Resume Other Trainings & Occupational Licenses Other Training A Commercial class A license Certificate Awarded for Training? Yes No Other Training B Certificate Awarded for Training? Yes No Occupational Licenses Completed: Commercial class A Qualifications and Volunteer Experience Please explain why you would like to serve on this particular board, commitee, or commission. Faith base origination & cultural origination Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I been in this county for 26 years I established my business now I feel it’s time to give some time to the community & help the underprivileged people Would you like to be considered for appointment to other advisory bodies for which you may be qualified? Yes No Do you have any obligations that might affect your attendance at scheduled meetings? Yes No If Yes, please explain: Are you currently or have you ever been appointed to a Contra Costa County advisory board? Yes No Karanbir S BAL 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. Helping in non profit organizations like Sikh center bay point also give the donation & volunteer work to the non profit organizations 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 Important Information Karanbir S BAL 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. Karanbir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( ; * (1? 8F C+D,= ( 2(" ( 7 ECONOMIC OPPORTUNITY COUNCIL ROSTER 8- 2024 Mattieu J Rogers 1st Term Oct 03, 2023 to Jun 30, 2024 Position Low-Income Sector Alternate 2 Janelle T Lafrades 1st Term Jun 04, 2024 to Jun 30, 2024 Position Low-Income Sector 2 Nicola Lopez 1st Term Aug 13, 2024 to Jun 30, 2025 Position Low-Income Sector 1 Monisha Merchant 1st Term Aug 13, 2024 to Jun 30, 2025 Position Private/Non-Profit Sector 4 LaTonia M Peoples-Stokes 1st Term Oct 17, 2023 to Jun 30, 2025 Position District III Public Sector Devlyn Sewell 5th Term Oct 03, 2023 to Jun 30, 2025 Position Private/Non-Profit Sector 5 Kanwar Singh 1st Term Feb 27, 2024 to Jun 30, 2025 Position District V Public Sector Karen Colman 1st Term Dec 12, 2023 to Jun 30, 2025 Position Private/Non-Profit Sector 2 Desire Medlen 2nd Term Oct 03, 2023 to Jun 30, 2025 Position Low-Income Sector 3 Victor Benedict G Tiglao 2nd Term Jul 01, 2024 to Jun 30, 2026 Position Low-Income Sector 4 Patricia J Campbell 2nd Term Jul 01, 2024 to Jun 30, 2026 Position Private/Non-Profit Sector 1 Ajit K Kaushal 3rd Term Jul 01, 2023 to Jun 30, 2027 Position District IV Public Sector Renee Zeimer 5th Term Jul 01, 2024 to Jun 30, 2028 Position District II Public Sector 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3276 Name: Status:Type:Consent Item Passed File created:In control:9/19/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:DECLARE a vacancy in the District I, Alternate 2 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, as recommended by Supervisor Gioia. Attachments:1. Vacancy Notice.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:John Gioia, District I Supervisor Report Title:Vacancy on the El Sobrante Municipal Advisory Council ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: DECLARE a vacancy in the District I, Alternate 2 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, as recommended by Supervisor Gioia. 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 vacancy would not be declared and the seat would be unable to be filled in the future. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3276,Version:1 CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3277 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:DECLARE a vacancy in the District 5 Seat on the Contra Costa Commission for Women and Girls for a term ending February 28, 2025, and DIRECT the Clerk of the Board to post the vacancy. Attachments:1. Vacancy Notice.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Declare Vacancy on the Commission for Women and Girls ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: DECLARE a vacancy in the District 5 Seat on the Contra Costa Commission for Women and Girls, and DIRECT the Clerk of the Board to post the vacancy. FISCAL IMPACT: None. BACKGROUND: The Contra Costa Commission for Women and Girls (CCCWG) was formed to educate the community and advise the Contra Costa County Board of Supervisors on issues relating to the changing social and economic conditions of women in the County, with particular emphasis on the economically disadvantaged. The Commission's mission is, “to improve the economic status, social welfare, and overall quality of life for women in Contra Costa County.” The Commission consists of 15 members and one Alternate At-Large member including: five district representatives (one from each supervisorial district), ten At-Large members, and one Alternate. The five district representatives are nominated for a four-year term by each member of the Board of Supervisors. The ten At-Large members and the one alternate are nominated by the CCCWG Membership Committee and forwarded to the full CCCWG. The full CCCWG then makes appointment recommendations to the Family and Human Services Committee. All Commission seat terms are for a period of four (4) years with staggered expiration dates. The District 5 Seat, with a term ending date in February 2025, was occupied by Kristen Upshaw. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3277,Version:1 CONSEQUENCE OF NEGATIVE ACTION: The seat will not be declared vacant and a new appointment to the position would not be able to be made.This could cause issues with achieving quorum for the Commission and potentially impact their ability to hold meetings. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3259 Name: Status:Type:Consent Item Passed File created:In control:9/30/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Regents of the University of Minnesota, a Minnesota Constitutional Corporation, in an amount not to exceed $112,400 to help identify, map, and redact unlawful restrictive covenants within the Clerk-Recorder Office's historical property records and documents, for the period October 8, 2024 through June 30, 2027. (100% Measure X funding) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Approve and Authorize Contract with Regents of the University of Minnesota ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Regents of the University of Minnesota, a Minnesota Constitutional Corporation, in an amount not to exceed $112,400 to identify, map, and redact unlawful restrictive covenants within the Clerk-Recorder office’s historical property records and document indices for the period October 8, 2024 through June 30, 2027 FISCAL IMPACT: 100% County General Fund through Measure X revenue allocation. The costs of this agreement are within the Department’s operating budget. BACKGROUND: California Assembly Bill 1466 requires County Recorders to establish a restrictive covenant program to assist in the redaction of unlawfully restrictive covenants, the University of Minnesota’s Mapping Prejudice Project was identified as a capable and cost-effective provider of such services, and the Department’s proposal to work with the University was approved by the Board of Supervisors in September 2023. The Clerk-Recorder’s property image indices will be shared with the University of Minnesota, for their software to identify, map, and redact unlawful restrictive covenants based on race, and to the best of their ability unlawful restrictive covenants based on age, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income, or ancestry. Property record images analyzed shall include, but not be limited to, deeds, Torrens certificates, agreements, restrictions, plat maps, and any other relevant miscellaneous portion, piece, view, CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3259,Version:1 duplication, copy, or sampling, of said document images. CONSEQUENCE OF NEGATIVE ACTION: The department will be unable to fulfill the approved proposal for Measure X funding, the Department would risk falling out of compliance with legal requirements of AB1466. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3260 Name: Status:Type:Consent Item Passed File created:In control:9/16/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE, under a grant deed of development rights held by the County, Tom Dudley of Engineered Soil Repairs, Inc., to conduct site improvements, including grading, trenching, and replacement of a retaining wall for landslide mitigation purposes on Assessor's Parcel No. 194- 070-083, located at 1914 Green Valley Road in Alamo; and MAKE related findings under the California Environmental Quality Act, as recommended by the Conservation and Development Director. (100% applicant fees) Attachments:1. Attachment 1 CDVR23-01062 Permit.pdf, 2. Attachment 2 Grant Deed of Development Rights.pdf, 3. Attachment 3 Aerial Map.pdf, 4. Attachment 4 CDVR23-01062 Plans.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Directors From:John Kopchik, Director, Conservation and Development Report Title:Authorization to construct a retaining wall within a restricted development area on the property located at 1914 Green Valley Road in the Alamo area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.FIND that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section §15302 - replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. 2.APPROVE and AUTHORIZE, under the terms of the attached grant deed of development rights held by Contra Costa County, Tom Dudley of Engineered Soil Repairs to conduct site improvements, including grading, trenching and to allow the replacement of a failing retaining wall/fence structure of up to 11 feet tall, on Assessor’s Parcel No. 194-070-083, located at 1914 Green Valley Road, in Alamo, in accordance with Variance Permit CDVR23-01062. 3.DIRECT the Director of the Department of Conservation and Development to file a Notice of Exemption with the County Clerk. FISCAL IMPACT: There is no fiscal impact. The applicant has paid the necessary application deposit and is obligated to pay supplemental fees to recover any and all additional costs associate with the application process. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:24-3260,Version:1 BACKGROUND: The proposed grading, trenching and replacement of a failing retaining wall/fence structure will be located on Assessor’s Parcel No. (APN) 194-070-083, located at 1914 Green Valley Road, in the Alamo area of the County. The subject Parcel is Parcel C of Minor Subdivision 93-86. Per the Conditions of Approval (COA) of Minor Subdivision 93-86 (COA #9H), the development rights over the natural watercourses traversing the property have been dedicated to the County of Contra Costa, a governmental subdivision of the State of California, necessitating the Board to authorize improvement on this property. On November 29, 2023, Tom Dudley of Engineered Soil repairs submitted a Variance application (CDVR23- 01062) to allow the replacement of a failing retaining wall/fence combination structure of up to 11 feet tall within the area grant deeded to the County of the subject parcel. In January of 2023, a landslide took place along the creek bank of the neighboring property and damaged the existing retaining wall/fence structure. The project is to construct a replacement retaining wall/fence structure to isolate the rear yard from the landslide on the neighbor’s property and to prevent a landslide on the subject property. On June 25, 2024, the County Staff sent out a Notice of Intent to Render an Administrative Decision to residents within a 300-foot radius of the project site. The Notice of Intent notified the public of the public comment period. No public comment was received, and the application was approved on August 30, 2024, subject to conditions of approval by the Zoning Administrator. The approval by the Zoning Administrator determined that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section §15302 - replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. As such, the proposed project is deemed consistent with the existing uses on-site, which was approved by the Zoning Administrator. Therefore, staff recommends the Board of Supervisors authorize the grading, site improvements and to allow the replacement of a failing retaining wall/fence combination structure located at the rear of APN: 194-070-083, where the development rights have been granted to the County. CONSEQUENCE OF NEGATIVE ACTION: If not approved, Variance Permit County File CDVR23-01062 will be denied, and the applicant will not be able to construct a replacement retaining wall/fence structure to replace a failing retaining wall/fence combination structure as needed for the property identified as 1914 Green Valley Road in Alamo. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:24-3260,Version:1 CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ CONTRA COSTA COUNTY DEPARTMENT OF CONSERVATION AND DEVELOPMENT COMMUNITY DEVELOPMENT DIVISION APPROVED PERMIT 1914 Green Valley Road Unless this matter is appealed within the period of time prescribed by law, a VARIANCE PERMIT for a 0-foot side yard setback (where a 3-foot side yard setback is the minimum required for an accessory structure) and a 1-foot rear yard setback (where a 3-foot rear yard setback is the minimum required for an accessory structure) to allow the replacement of a failing retaining wall/fence combination of up to 11 feet tall, a TREE PERMIT to allow for work within the dripline of a 28” Diameter Valley Oak Tree located east of the subject property and a SMALL LOT DESIGN REVIEW structure at the rear of the parcel in the Alamo area of Contra Costa County, is APPROVED subject to the Unless otherwise provided, THIS PERMIT WILL EXPIRE ONE (1) YEAR from the effective date if the action allowed by this permit is not undertaken within that time. FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #CDVR23-01062; TOM DUDLEY (APPLICANT) & HUGH STEPHEN MCDONALD (OWNER): I. Variance Findings Required Finding: That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located. Project Finding: The subject parcel is Parcel C under Minor Subdivision 93-86 which was recorded on February 26, 1988. Included in this Minor Subdivision approval was a condition of approval that required development rights at the rear of the property to be granted to the County for the maintenance of the drainage within the West Branch Green Valley Creek. In January of 2023, a landslide took place along the creek bank of the neighboring property and damaged the existing retaining wall/fence structure. The previous wall/fence spanned the entire rear yard property line. The project is to construct a replacement retaining wall/fence structure to isolate the rear yard from the landslide on the neighbor’s property and to prevent a landslide on the subject property. The granting of a variance to allow for the replacement of a failing retaining wall/fence combination of up to 11 feet tall located at a 0-foot side yard setback (where 3-foot side yard setback is the minimum required for an accessory structure) and a 1-foot rear setback (where a 3-foot rear yard setback is the minimum required for an accessory structure) will not constitute a grant of special privilege that is inconsistent with the limitations on other properties in the vicinity due to the existing conditions, site topography, and parcel location. Properties to the east are on a lower elevation. Because of this drainage easement and creek at the rear of parcels along Green Valley Road, development of the property required a large retaining wall/fence structure at the rear to prevent landslides including erosion and collapse of the rear yard from occurring. A retaining wall is a reasonable remedy to an existing sloped situation beyond the control of the property owner. Furthermore, the fence on top provides a safety measure to prevent accidents in the creek. Many properties along Green Valley Road utilize retaining walls in the rear because of the proximity to the creek which runs the entire length of the rear property line. Therefore, approval of the variance would not be a grant of special privilege inconsistent on the limitations on other properties in the vicinity and the R-20 Single-Family Residential District in which the subject property is located. 2. Required Finding: That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of the rights enjoyed by other properties in the vicinity and within the identical land use district. Project Finding: The subject parcel and parcels along Green Valley Road are all directly adjacent to the West Branch Green Valley Creek, which is a drainage easement. County maps show that the area directly behind the rear property line drops steeply at a slope greater than 26%. The property starts at 505 feet above mean sea level and drops to 490 feet above mean sea level to the creek at the rear. This topography behind the property proves to be a special circumstance. Due to the steep drop in slope, a retaining wall to hold up the rear yard is necessary to prevent erosion and collapse of the parcel. The new retaining wall/fence combination structure will replace the previous wall and associated fence with a pier support system for appropriate support and stability. The new retaining wall will also structurally support the hillside and increase safety for the property owner and adjacent neighbors. Placing the retaining wall elsewhere on the subject property, outside of the rear yard would not accomplish this goal and would constitute a loss of usable land for the property owner. Strict application of the zoning regulations would prevent the property owner from installing a retaining wall that is needed to prevent a landslide. Without the retaining wall, the property owner would not be able to have a rear yard on the parcel which is a right enjoyed by other properties in the area. Without the retaining wall, the rear yard area would surely suffer a structural failure. Therefore, because of special circumstances applicable to the property that include steep sloping topography, a drainage easement and a creek located at the rear, this property is subject to special circumstances which necessitate the need for a variance to allow a retaining wall to be built with reduced setbacks. Required Finding: That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the property is located. Project Finding: The intent and purpose of a Single-Family Residential (R-20) zoning district is to facilitate orderly development and maintenance of low- density single-family residential neighborhoods. This includes allowing residential dwelling improvements, additions and accessory structures compatible with the surrounding neighborhood. The location and height of the retaining wall with a fence on top do not hinder the intent and purpose of the respective land use district. The retaining wall with fence on top will instead support the steep hillside that is behind the subject property, thereby increasing safety for the property owners. Moreover, retaining walls are common accessory structures in areas of the County that are sloped. Thus, the variance for this retaining wall meets the intent and purpose of the R-20 District. II. Tree Permit Findings 1. Required Finding: The Zoning Administrator is satisfied that the following factors as provided by County Code Section 816-6.8010 for granting a tree permit have been satisfied as follows: A. Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonable accommodated on another area of the lot; B. Where the arborist or forester report has been required, and the director is satisfied that the issuance of a permit will not negatively affect the sustainability of the resource. Finding: The tree is located in the creek behind the house. The project will include digging down for piers to support the existing soils to prevent future landslides. Reasonable development of the property would require the alteration of the tree because the tree is located in the existing landslide area. Therefore, development could not be reasonably accommodated on another area of the lot. The applicant provided an arborist report prepared by Joe Mattos, L.S.A Certified Arborist WE-8042A, that evaluated the landslide repair work in relation to the health condition of the existing Valley Oak Tree. The arborist report indicated that the excavation area will enter the dripline of the canopy by a few feet. The arborist states in the report “I do not anticipate any negative affect on the trees health or stability.” Thus, the arborist report indicates that the permit will not negatively affect the sustainability of the resource. C. Required Factors for Denying a Tree Permit. The Zoning Administrator is satisfied that none of the factors as provided by County Code Section 816- 6.8010 for denying (or modifying) a tree permit application apply to the subject property. III. Small Lot Design Review Findings 1. Location: Project Finding: The project is to allow a replacement of a failing retaining wall/fence combination of up to 11 feet tall located at aa 0-foot side yard setback (where a 3-foot side yard is the minimum required for an accessory structure) and a 1-foot rear yard setback (where a 3-foot rear setback is the minimum required for an accessory structure). The retaining wall/fence combination structure will be placed along the rear property line because that is where the landslide repair work will take place. The property starts at 505 feet above mean sea level and drops to 490 feet above mean sea level to the creek at the rear. Due to the increase downslope, the location of the retaining wall needs to be placed in the rear yard to prevent erosion and the collapse of the parcel. This location is consistent with surrounding parcels because many neighboring parcels also border the creek and have retaining wall structures in their rear yard to prevent landslides. Moreover, fences located on or near property lines is common in the neighborhood for privacy and safety. Therefore, the location of the retaining wall/fence structure is consistent with other similar structures in the immediate vicinity. Size: Project Finding: The project will replace a failing retaining wall/fence combination with a new one to structurally support the hillside for increased safety for the property owner and adjacent neighbors. The retaining wall size was designed by a registered professional engineer who evaluated the damage of the landslide and how large a retaining wall is needed to remedy the situation. Moreover, the retaining wall is designed to not be higher than the native grade of the parcel so it will not create a bulky appearance. Therefore, the size of the retaining wall is appropriate for the scope of work. 3. Height: Project Finding: Retaining walls and fences are considered accessory structures as they are ancillary to the uses of a single-family residence. The project is for the replacement of a failing retaining wall/fence combination structure of up to 11 feet tall. Overall, the project will remain consistent with the existing wall/fence combination as it is a replacement of the failed structure. 4. Design: Project Finding: The retaining wall will utilize tiebacks to anchor the wall into the earth and will be placed on concrete piers. The design of the retaining wall is very similar to other retaining walls placed on steep sloping topography in the immediate vicinity. The design for this retaining wall allows the structure to be stable in the ground and prevent further landslides. The fence on top of the wall will be 5 feet tall and will be wood. This design is very similar to the existing wood fence and other wood fences in the immediate neighborhood. Therefore, the design of the retaining wall/fence combination structure is consistent with the neighborhood. CONDITIONS OF APPROVAL FOR COUNTY FILE #CDVR23-01062: Project Approval 1. A Variance Permit to allow for the reconstruction of a failing retaining wall/fence combination of up to 11 feet tall located at a 0-foot side yard setback (where a 3-foot side accessory structure setback is the minimum required) and a 1-foot rear setback (where a 3-foot rear accessory structure setback is the minimum required), a Tree Permit to allow for work within the dripline of a 28” Diameter Valley Oak and a Small Lot Design Review for the construction of the retaining wall/fence combination structure, is APPROVED, as generally shown and based on the following documents: • Application materials submitted to the Department of Conservation and Development, Community Development Division (CDD) on September 28, 2023. • Revised application materials and plans submitted to the Department of Conservation and Development, Community Development Division (CDD) on January 18, 2024. • Arborist Report prepared by Quality Tree Care – Joe Mattos, I.S.A. Certified Arborist WE-8042A submitted to the Department of Conservation and Development, Community Development Division (CDD) on January 18, 2024. General Provisions 2. Any deviation from the approved plans shall require review and approval by the CDD and may require the filing of an application for a new Variance permit. Grant Deed of Development Rights 3. Prior to CDD -stamp of approval for the issuance of a grading or building permit, whichever occurs first, the applicant shall obtain authorization from the Contra Costa County Board of Supervisors to allow installation of the proposed retaining wall/fence structure on the subject property, where development rights have been grant deeded to the County pursuant to CDMS86-0093. Approval granted by the Zoning Administrator is contingent upon this approval of the Board of Supervisors, which must be obtained prior to the execution of this CDVR23-01062 Variance Permit. Payment of Fees 4. The application was subject to an initial deposit of $3,250.00. The application is subject to time and material costs if the application review expenses exceed the initial deposit. Any additional fee due must be paid prior to an application for a grading or building permit, or 60 days of the effective date of this permit, whichever occurs first. The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2019/553, where a fee payment is over 60 days past due, the Department of Conservation and Development may seek a court judgement against the applicant and will charge interest at a rate of ten percent (10%) from the date of judgement. The applicant may obtain current costs by contacting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. Contingency Restitution Should Altered Trees Be Damaged 5. Prior to CDD-stamp of approval for the issuance of a grading or building permit, whichever occurs first, the applicant shall provide the County with a security (e.g., cash deposit or bond) to allow for replacement trees to be preserved that are significantly damaged or destroyed by construction activity, pursuant to the requirements of Section 816-6.1204 of the Tree Protection and Preservation Ordinance. The Security shall be based on: A. Extent of Possible Restitution Improvements – The planting of up to two (2) trees, minimum 15-gallons in size, in the vicinity of the affected tree(s), or an equivalent planting contribution as determined appropriate by the CDD, subject to prior review and approval of the CDD. B. Determination of Security Amount – An estimate for the security shall be submitted for CDD review which accounts of the following costs: i. Preparation of a tree planting and irrigation plan by a licensed landscape architect, arborist, or landscape contractor for up to two (2) trees as described in Section A above. The plan shall comply with the County’s Water Efficient Landscapes Ordinance and verification of such shall accompany the plan. If deemed necessary by the CDD, the plan shall be implemented prior to final building inspection. ii. The labor and materials for planting the potential number of trees and related irrigation improvements (accounting for supply, delivery, and installation of tree and irrigation) shown on the approved planting and irrigation plan. iii. An additional 20% above the costs described in Sections 5B.i and 5B.ii. C. Initial Deposit for Processing of Security – The County ordinance requires that the applicant pay fees to cover all staff time and material costs for processing the required security. At the time of submittal of the security, the applicant shall pay an initial deposit of $200.00. D. Duration of Security – The security shall be retained by the County for a minimum of 12 months and up to 24 months beyond the completion of the tree altering improvements (i.e., date of final inspection). As a prerequisite of releasing the security, between 12 and 24 months after final inspection, the applicant shall arrange for the consulting arborist to inspect the trees and to prepare and submit to the CDD for review an assessment of the trees’ health. The report shall include any additional measures necessary for preserving the health of the trees and the measures shall be implemented by the applicant. In the event that the CDD determines that any trees intended for preservation have been damaged by development activity, and that the applicant has not been diligent in providing reasonable restitution, then the CDD may require that all or part of the security be used to provide for mitigation of the damaged tree(s), including replacement of any trees that have died. 6. The expenses associated with all required arborist services shall be borne by the developer and or/property owner. Construction Period Restrictions and Requirements All construction activity shall comply with the following conditions and shall be included on the construction drawings. 7. Prior to the start of construction or any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on site with the tree to be preserved, the Applicant shall install protective fencing at or beyond the driplines of the tree to be preserved and along the boundaries of all other protected trees within the vicinity of construction. The fencing shall remain in place for the duration of construction activities. Construction plans shall stipulate on their face where temporary fencing is to be placed. The required fencing shall be installed prior to the commencement of any construction activity. 8. 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. 9. 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. 10. Construction equipment and materials shall be stored onsite. 11. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 12. Large trucks and heavy equipment shall be 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. 13. A good faith effort shall be made to avoid interference with existing neighborhood traffic flows. 14. Unless specifically approved otherwise via prior authorization from the Zoning Administrator, all construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on State and Federal holidays on the calendar dates that these holidays are observed by the State or Federal government as listed below: New Year’s Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington’s Birthday (Federal) Lincoln’s Birthday (State) President’s Day (State) Cesar Chavez Day (State) Memorial Day (State and Federal) Juneteenth National Independence Holiday (Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the State and Federal holidays occur, please visit the following websites: Federal Holidays: Federal Holidays (opm.gov) California Holidays: http://www.ftb.ca.gov/aboutftb/holidays.shtml PUBLIC WORKS CONDITIONS OF APPROVAL FOR PERMIT CDVR23-01062 COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. General Requirements 15. Improvement plans prepared by a registered civil engineer shall be submitted, if necessary, to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval for this variance permit. Any necessary traffic signing and striping shall be included in the improvement plans for review by the Transportation Engineering Divion of the Public Works Department. Access to Adjoining Property: Proof of Access 16. The Applicant shall furnish proof to the Public Works Department of the acquisition of all necessary rights of way, rights of entry, permits and or/easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. Drainage Improvements: Collect and Convey 17. The Applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Miscellaneous Drainage Requirements: 18. The Applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Department design standards. 19. The Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. Creek Banks and Creek Structure Setbacks: 20. The Applicant shall show the creek structure setback line on the site plan in accordance with Section 914-14.012, “Structures Setback Lines for Unimproved Earth Channels” and observe this setback line as if this were a subdivision. ADVISORY NOTES ADVISORY NOTES ARE NOT CONDITIONS OF APPROVAL; THEY ARE PROVIDED TO ALERT THE APPLICANT TO ADDITIONAL ORDINANCES, STATUTES, AND LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES THAT MAY BE APPLICABLE TO THIS PROJECT. A. NOTICE OF OPPORTUNITY TO PROTEST FEES, ASSESSMENTS, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. Pursuant to California Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations or exactions required as part of this project approval. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and must be delivered to the Community Development Division within a 90-day period that begins on the date that this project is approved. If the 90th day falls on a day that the Community Development Division is closed, then the protest must be submitted by the end of the next business day. B. Prior to applying for a building permit, the applicant is strongly encouraged to contact the following agencies to determine if additional requirements and/or additional permits are required as part of the proposed project: • Contra Costa County Building Inspection Division • Contra Costa County Environmental Health Division • Contra Costa County Public Works Department • East Bay Municipal Utilities District • San Ramon Valley Fire Protection District • Central Contra Costa Sanitary District C. The applicant will be subject to the requirements of the Bridge/Thoroughfare Fee Ordinance for the Alamo, Southern Contra Costa (SCC) Regional, and Tri-Valley Transportation Areas of Benefit, as adopted by the Board of Supervisors. Any fees, if required, shall be paid prior to issuance of building permits. Recorded at test of:. CONTRA COSTA CI:R e Public Works Department Engineering Services Division Return to: Public Works Department Records Section Area: Alamo Road: Green Valley Rd. County Road No.: 4933 Project: Sub. M.S. 93 -86 Assessor's No.: 194- 070 -020 & 022 GRANT DEED OF DEVELOPMENT RIGHTS To meet condition numbeof Subdivision M.S. 93 -86, We, Stephen R. and Patricia J. Williams, (owner) he grant to the County of Contra Costa, a governmental subdivision of the State of California, Grantee, and its governmental successor or successors, the future "development rights," as defined herein below over a portion of that real property known as Parcel A, 8, C, & D of Subdivision M.S. 93 -86 situated in the County of Contra Costa, State of California, and more particularly described in Exhibit A. Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area." The "development rights" are and shall be a form of negative easement which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner -or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent, and location of such improvement. Grantee or its successor shall have sixty (60) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval of such proposal. Owner) Stephen R. Williams Owner Patricia J. Williams Dated State of California, County of Contra Costa this day of in the year , berme me, a notary public in and for said County and State, personally appeared _ and known to me to be the persons whose names are subscribed to the foregoing statement, and acknowledged to me that they executed the same. Notary public in and for the County of Contra Costa, State of California. DE:93.86.t11 EXHIBIT "A" ( do ES- Subdivision MS 93 -86 All that real property situated in the County of ContraCosta, State of California, described as follows: That portion of Parcels A, B, C and D designated as Restricted Development Area as shown on Subdivision MS 93 -86 as recorded on in Book of Parcel Maps, page , on file at the County Recorder'sOffice. GRANT DEED OF DEVELOPMENT RIGHTS v To meet condition numbe f Subdivision M.S. 93 -86, We, Stephen R. and Patricia J. Williams, (owner) he grant to the County of Contra Costa, a governmental subdivision of the State of California, Grantee, and its governmental successor or successors, the future "development rights," as defined herein below over a portion of that real property known as Parcel A, B, C, & D of Subdivision M.S. 93 -86 situated in the County of Contra Costa, State of California, and more particularly described in Exhibit A. Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area." The "development rights" are and shall be a form of negative easement which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent,: and location of such improvement. Grantee or its successor shall have sixty (60) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval of such proposal. Owner) Stephen R. Williams Owner Patricia J. Williams Dated State of California, County of Contra Costa this day of in the year before me, a notary public in and for said County and State, personally appeared and known to me to be the persons whose names are subscribed to the foregoing statement, and acknowledged to me that they executed the same. Notary public in and for the County _ of Contra Costa, State of California. DE:93.86.tll Recorded at t est of:. CONTRA COSTA Public Works Dep rtment Engineering Services Division Return to: Public Works Department Records Section Area: Alamo Road: Green Valley Rd. County Road No.: 4933 Project: Sub. M.S. 93 -86 Assessor's No.: 194 - 070 -020 & 022 GRANT DEED OF DEVELOPMENT RIGHTS v To meet condition numbe f Subdivision M.S. 93 -86, We, Stephen R. and Patricia J. Williams, (owner) he grant to the County of Contra Costa, a governmental subdivision of the State of California, Grantee, and its governmental successor or successors, the future "development rights," as defined herein below over a portion of that real property known as Parcel A, B, C, & D of Subdivision M.S. 93 -86 situated in the County of Contra Costa, State of California, and more particularly described in Exhibit A. Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area." The "development rights" are and shall be a form of negative easement which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent,: and location of such improvement. Grantee or its successor shall have sixty (60) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval of such proposal. Owner) Stephen R. Williams Owner Patricia J. Williams Dated State of California, County of Contra Costa this day of in the year before me, a notary public in and for said County and State, personally appeared and known to me to be the persons whose names are subscribed to the foregoing statement, and acknowledged to me that they executed the same. Notary public in and for the County _ of Contra Costa, State of California. DE:93.86.tll EXHIBIT "A" ES- Subdivision MS 93 -86 All that real property situated in the County of ContraCosta, State of California, described as follows: That portion of Parcels A, B, C and D designated as Restricted Development Area as shown on Subdivision MS 93 -86 as recorded on , in Book of Parcel Maps, page Office. , on file at the County Recorder's Contra Costa County -DOIT GIS Legend 1:564 Notes0.00.01 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 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 X X X XX DRAWING INDEX: SHEET TITLE EXISTING (Symbol Size May Vary) LEGEND: PROPOSED ABBREVIATIONS: PROJECT DESCRIPTION NOTE: S-1 COVER SHEET S-2 GENERAL NOTES AND SPECIFICATIONS S-3 CONT'D SPECIFICATIONS, SPECIAL INSPECTION AND SAFETY NOTES S-4 EXISTING CONDITIONS AND SLIDE LIMITS S-5 CONSTRUCTION ACCESS PLAN S-6 RETAINING WALL REPAIR PLAN S-7 PIER SECTION AND TYPICAL DETAIL S-8 SECTION A-A S-9 SECTION B-B CO CLEANOUT DS DOWNSPOUT FL FLOW LINE HP HIGH POINT LP LOW POINT PL PROPERTY LINE PVC POLY VINYL CHLORIDE PUE PUBLIC UTILITY EASEMENT RCP REINFORCED CONCRETE PIPE SD STORM DRAIN SDMH STORM DRAIN MANHOLE TC TOP OF CURB McDonald's Residence 1914 GREEN VALLEY SWALE CURB & GUTTER STORM DRAIN MANHOLE DIRECTION OF SURFACE DRAINAGE PROPERTY BOUNDARY CONTOUR LIMIT OF GRADING 1010 CATCH BASIN AREA DRAIN UNDERPINNING PIER UNDERPINNING PIE CLEANOUT DOWNSPOUT PROJECT OWNER AND ADDRESS APN: 194-070-083 MR. & MRS. STEVE MCDONALD 1914 GREEN VALLEY ALAMO, CA 94507 LOCATION MAP S I T E P L A N ALAMO, CA 94507 AREA OF PROPOSED WORK EMERGENCY RETAINING WALL THE FOLLOWING PROJECT GENERALLY CONSISTS OF RETAINING WALL INSTALLATION AND REPLACEMENT OF EXISTING FENCE/WALL AT 1914 GREEN VALLEY, ALAMO, CA THAT HAS BEEN DESTROYED BY A LANDSLIDE THAT OCCURRED IN JANUARY OF 2023 ALONG THE CREEK BANK OF A NEIGHBORING PROPERTY. THE NEW RETAINING WALL IS INTENDED TO ISOLATE THE REAR YARD FROM THE LANDSLIDE ON THE NEIGHBOR'S PROPERTY WHICH IS LEFT UN-REPAIRED. SITESITE 1 1 DR A W I N G I N D E X , L O C A T I O N M A P , SI T E P L A N , P R O J E C T O W N E R , & P R O J E C T D E S C R I P T I O N 9 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G W J G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CIV IL 06/30/25 -N - -N- PR O P E R T Y L I N E PROPERTY LINE PR O P E R T Y L I N E 1918 GREEN VALLEY 1914 GREEN VALLEY 1910 GREEN VALLEY PROPERTY LINE99.51' 99' 21 6 . 2 6 ' 22 4 . 9 8 ' WJ G 11 . 1 5 . 2 0 2 3 PE R C I T Y C O M M E N T S 1 1 1 1 1 2 GE N E R A L N O T E S A N D SP E C I F I C A T I O N S 2 LIMITATIONS NOTES OUR SERVICES CONSIST OF PROFESSIONAL DESIGNS, OPINIONS AND RECOMMENDATIONS MADE IN ACCORDANCE WITH GENERALLY ACCEPTED ENGINEERING GEOLOGY, GEOTECHNICAL ENGINEERING AND CIVIL ENGINEERING PRINCIPLES AND PRACTICES. NO WARRANTY, EXPRESSED OR IMPLIED, OR MERCHANTABILITY OF FITNESS, IS MADE OR INTENDED IN CONNECTION WITH OUR WORK, BY THE PROPOSAL FOR CONSULTING OR OTHER SERVICES, OR BY THE FURNISHING OF ORAL OR WRITTEN REPORTS OR FINDINGS. ANY ENGINEERING DESIGN NOTES AND SPECIFICATIONS PRESENTED IN THIS PLAN SET ARE CONTINGENT UPON OUR FIRM BEING CONSULTED WHEN ANY QUESTIONS ARISE WITH REGARD TO THE NOTES AND SPECIFICATIONS CONTAINED HEREIN, AND TO PROVIDE TESTING AND INSPECTION SERVICES FOR CONSTRUCTION OPERATIONS. UNANTICIPATED SOIL AND GEOLOGIC CONDITIONS ARE COMMONLY ENCOUNTERED DURING CONSTRUCTION, WHICH CANNOT BE FULLY DETERMINED FROM EXISTING EXPOSURES OR BY LIMITED SUBSURFACE INVESTIGATION. SUCH CONDITIONS MAY REQUIRE ADDITIONAL EXPENDITURES DURING CONSTRUCTION TO OBTAIN A PROPERLY CONSTRUCTED PROJECT. GENERAL NOTES 1. IT SHALL BE UNDERSTOOD THAT THE TERM OWNER AS USED HEREIN IS MR. STEVE MCDONALD OF 1914 GREEN VALLEY ROAD IN ALAMO. 2. IT SHALL BE UNDERSTOOD THAT THE TERM COUNTY AS USED HEREIN IS CONTRA COSTA COUNTY OR ITS AUTHORIZED REPRESENTATIVE. 3. IT SHALL BE UNDERSTOOD THE TERM ENGINEER IS THE DESIGN CIVIL ENGINEER, WILLIAM J. GIBSON, OR HIS AUTHORIZED REPRESENTATIVE. 4. IT SHALL BE UNDERSTOOD THAT THE TERM ESR AS USED HEREIN IS THE CONTRACTOR OF RECORD, ENGINEERED SOIL REPAIRS, INC. 5. ANY DEVIATION FROM THE APPROVED PLANS DURING CONSTRUCTION WILL REQUIRE 24 HOURS PRIOR NOTICE TO THE ENGINEER. AT LEAST ONE SET OF PLANS SHALL BE ON SITE AT ALL TIMES FOR INSPECTION. 6. NO WORK WHATSOEVER SHALL BE COMMENCED WITHOUT FIRST NOTIFYING THE COUNTY, THE OWNER AND THE ENGINEER. 7. IT SHALL BE ESR'S RESPONSIBILITY TO COORDINATE INSPECTIONS WITH THE COUNTY AND THE ENGINEER. 8. PROTECTIVE FENCING AND/OR BARRIERS SHALL BE PROVIDED WHEN NECESSARY TO PROTECT ADJACENT PROPERTIES DURING THE GRADING OPERATION. 9. ALL MATERIALS, METHODS AND WORK TO BE IN ACCORDANCE WITH THE PROJECT DRAWINGS AND SPECIFICATIONS AS WELL AS THE STANDARD PROVISIONS OF THE STANDARD PROVISIONS OF THE CITY OF CONCORD, THE 2022 CBC WITH ALL APPLICABLE AMENDMENTS AND UPDATES. 10. A PERMIT, AN APPROVED BACKFLOW PREVENTION DEVICE AND A METER ARE REQUIRED FOR TEMPORARY CONSTRUCTION WATER FROM FIRE HYDRANT AND OR EXISTING WATER SERVICE DURING CONSTRUCTION. 11. ESR SHALL PROVIDE THE OWNER AND ENGINEER WITH THE NAME AND TELEPHONE NUMBERS OF THE RESPONSIBLE PERSON TO CONTACT, WITH REGARD TO THIS PROJECT, 24 HOURS A DAY. 12. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:30 A.M TO 5:00 P.M, MONDAY THROUGH FRIDAY (NOT INCLUDING HOLIDAYS), UNLESS AN EXCEPTION IS GRANTED BY THE COUNTY. EXCEPTIONS WILL BE CONSIDERED ONLY, IN THE OPINION OF THE COUNTY, IF CONSTRUCTION DURING THE ABOVE PERIOD WOULD INCONVENIENCE THE PUBLIC AND NEIGHBORING RESIDENTS MORE THAN WORKING AT OTHER HOURS OR ON WEEKENDS. 13. ESR SHALL PROVIDE ADEQUATE DUST CONTROL AT ALL TIMES AS REQUIRED BY THE OWNER'S REPRESENTATIVE AND CONTRA COSTA COUNTY. ANY OPERATION THAT CREATES EXCESSIVE DUST SHALL CEASE IMMEDIATELY UNTIL SUFFICIENT MEASURES, SATISFACTORY TO THE OWNER'S REPRESENTATIVE, AND THE CITY HAVE BEEN TAKEN TO INSURE COMPLIANCE WITH DUST CONTROL REQUIREMENTS. 14. ESR SHALL FURNISH AND INSTALL ALL SIGNS, LIGHTS, BARRICADES, AND OTHER TRAFFIC CONTROL OR WARNING DEVICES, INCLUDING FLAG PERSON, AS REQUIRED BY THE COUNTY. 15. ALL WORK IS SUBJECT TO INSPECTION AND APPROVAL BY THE ENGINEER. 16. LOCATIONS AND ELEVATIONS ARE APPROXIMATE AND SHALL BE VERIFIED BY THE CONTRACTOR IN THE FIELD. 17. EROSION CONTROL MEASURES SHALL BE EMPLOYED DURING ANY RAINY SEASON AS REQUIRED BY THE ENGINEERS AND/OR THE COUNTY. 18. SEE CONTRACT DRAWINGS AND SPECIFICATIONS FOR ALL INFORMATION RELATIVE TO THE NEW AND EXISTING CONSTRUCTION AND CONDITIONS. RESOLVE CONFLICTS ON DRAWINGS WITH THE ENGINEER BEFORE PROCEEDING WITH CONSTRUCTION. a. ESR SHALL VERIFY THE LOCATION OF ALL UTILITIES AND SHALL PROTECT THEM FROM HARM AS REQUIRED TO PREVENT DAMAGE AND TO MAINTAIN THEIR USE. 19. ESR SHALL BE RESPONSIBLE FOR SITE CLEANUP TO THE SATISFACTION OF THE OWNER. SPECIFICATIONS STEEL REINFORCEMENT NOTES: 1. STEEL REINFORCEMENT SHALL CONFORM TO ASTM A615, LATEST REVISION. USE GRADE 60 FOR #5 BARS AND GREATER. GRADE 40 CAN BE USED FOR #4 BARS AND LESS. 2. SHOP DRAWINGS SHALL BE SUBMITTED BY THE CONTRACTOR TO THE ENGINEER FOR APPROVAL AT LEAST 14 DAYS PRIOR TO INSTALLATION. 3. MINIMUM CONCRETE COVER FOR REINFORCEMENT: a. FOOTINGS AND PIERS - 3 INCHES AT THE BOTTOM AND SIDES b.#5 BAR AND SMALLER AT OTHER FORMED MEMBERS - 1½ INCHES TO FORM c. #6 BAR AND LARGER AT OTHER FORMED MEMBERS - 2 INCHES TO FORM 4. REINFORCEMENT SHALL BE PLACED TO CONFORM WITH “MANUEL OF STANDARD PRACTICES FOR DETAILING REINFORCED CONCRETE STRUCTURES” (ACI 315 AND 318). HOLD REINFORCEMENT IN ITS TRUE VERTICAL AND HORIZONTAL POSITION WITH DEVICES SUFFICIENTLY NUMEROUS TO PERMIT PLACEMENT OF CONCRETE WITHOUT DISPLACING THE REINFORCING STEEL. ALL HOOKS FOR STIRRUPS ETC., SHALL BE 135 DEGREE HOOKS. 5. THE CLEAR DISTANCE BETWEEN PARALLEL REINFORCEMENT IN LAYERS SHALL NOT BE LESS THAN 1-1/2 TIMES THE NOMINAL DIAMETER OF THE REINFORCEMENT, OR 1-1/3 TIMES THE MAXIMUM SIZE AGGREGATE, NO LESS THAN 1-1/2 INCHES. 6. ALL REINFORCEMENT SHALL BE CONTINUOUS, STAGGER SPLICES WERE POSSIBLE. MINIMUM BAR LAP SHALL BE 40 BAR DIAMETERS, OR 24 INCHES (WHICHEVER IS GREATER) UNLESS OTHERWISE SHOWN. STRUCTURAL STEEL NOTES: 1. STRUCTURAL STEEL BEAMS SHALL BE 50-KSI STEEL. 2. FABRICATION AND ERECTION SHALL COMPLY WITH AISC SPECIFICATIONS FOR DESIGN AND FABRICATION AND ERECTION OF STRUCTURAL STEEL FOR BUILDINGS, LATEST EDITION. 3. WELDING SHALL CONFORM TO THE LATEST REVISIONS OF AWS D1.1 AND BE PERFORMED BY A CERTIFIED WELDER. 4. SHOP DRAWINGS SHALL BE SUBMITTED BY THE CONTRACTOR TO THE ENGINEER FOR APPROVAL AT LEAST 14 DAYS PRIOR TO INSTALLATION. CARPENTRY NOTES 1. PRESERVATIVE TREATED WOOD LAGGING; WOOD EXPOSED TO THE WEATHER, IN CONTACT WITH CONCRETE OR MASONRY, OR IN DIRECT CONTACT WITH EARTH SHALL BE TREATED WOOD WITH PRESERVATIVE RETENTION AS REQUIRED FOR THAT USE. NEWLY EXPOSED SURFACES RESULTING FROM FIELD CUTTING, BORING OR HANDLING SHALL BE FIELD TREATED IN ACCORDANCE WITH AMERICAN WOOD PRESERVERS ASSOCIATION M-4. 2. ALL SAWN LUMBER (EXCEPT DECK SHEATHING) SHALL BE DOUGLAS FIR / LARCH WITH GRADES AS FOLLOWS: A. BEAMS AND HEADERS - NO. 1 GRADE. B. POSTS, RAFTERS, JOISTS - NO. 1 GRADE. C. STUDS, PLATES, BLOCKS AND MISCELLANEOUS - NO. 2 GRADE. D. DECK JOISTS, BEAMS, POSTS, AND OTHER DECK FRAMING - PRESSURE TREATED. ALL MANUFACTURED LUMBER SHALL BE BY TRUS JOIST COMPANY AS FOLLOWS: A. BEAMS AND HEADERS - 2.0E PARALLAM PSL. B. FLOOR JOISTS - TJI FLOOR JOISTS OR 2.0E PARALLAM PSL. C. RIM JOISTS - 1.7E TIMBERSTRAND LSL. 3. SOME SHEARWALLS WILL REQUIRE SOME STUDS AND PLATES TO BE 3X MATERIAL. SEE SHEARWALL SCHEDULE. ALL WALLS TALLER THAN 15 FEET SHALL BE 2X6 PLATES WITH 2X6 STUDS AT 12” O.C. ALL WALLS BETWEEN 10 AND 15 FEET TALL SHALL BE 2X6 PLATES WITH 2X6 STUDS AT 16” O.C. ALL EXTERIOR WALLS SHALL BE 2X6 PLATES WITH 2X6 STUDS AT 16” O.C. ALL 2X4 WALLS SHALL BE 2X4 PLATES WITH 2X4 STUDS AT 16” O.C.; U.O.N., SEE ARCHITECTURAL DRAWING FOR LOCATIONS. 4. PLYWOOD FOR ROOF SHALL BE APA-RATED SHEATHING ½” C-C EXPOSURE I (32/16), UNBLOCKED U.O.N., WITH 10D NAILS SPACED AT 6” O.C. AT BOUNDARIES AND EDGES AND 12” O.C. IN THE FIELD. PLYWOOD SHEETS SHOULD BE CONTINUOUS OVER 2 OR MORE SPANS. 5. PLYWOOD FOR FLOORS - 1 1/8 INCH CDX (48/24) EXPOSURE 1, PSI - 95 FOR FLOORS. DIAPHRAGM BLOCKED AS SHOWN ON FLOOR PLANS, TONGUE AND GROVE AT UNBLOCKED LOCATIONS, WITH 10D NAILS AT 6” O.C. AT BOUNDARIES AND EDGES, AND 10” O.C. IN THE FIELD. PLYWOOD SHEETS SHOULD BE CONTINUOUS OVER 2 OR MORE SPANS. 6. PLYWOOD FOR SHEARWALLS - GRADES AS NOTED ON SHERWALL SCHEDULE. 7. THE MINIMUM EDGE DISTANCE FOR NAILS IN THE RECEIVING MEMBERS AND THE PLYWOOD SHALL BE 3/8 INCH FOR 2-INCH NOMINAL RECEIVING MEMBERS AND ½-INCH FOR 3-INCH NOMINAL RECEIVING MEMBERS. FLAT BLOCKING RECEIVING 10D NAILS SHALL BE 3X4 OR LARGER. 8. GLULAM BEAMS - ARCHITECTURAL GRADE IF EXPOSED AND INDUSTRIAL GRADE IF CONCEALED. CAMBERS SHALL BE TYPICALLY ACCOMPLISHED BY A RADIUS OF BEAM EQUAL TO 1600' AT THE ROOF AND 0 CAMBER AT THE FLOORS, UNLESS NOTED OTHERWISE ON THE PLANS. TENSION LAMINATIONS ARE REQUIRED ON THE TOP OF ALL CANTILEVERED AND CONTINUOUS GLULAMS (GRADE 24FV8). GRADE OF GLULAMS SHALL BE 24FV4 OR 24FV8. APA CERTIFICATE SHALL BE SUPPLIED FOR ALL GLULAMS. GLULAM BEAMS SHALL BE PROTECTED FROM MOISTURE UNTIL THE STRUCTURE IS ENCLOSED FROM THE ELEMENTS. 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G WJ G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CI V IL 06/30/25 9.ALL LUMBER IN CONTACT WITH CONCRETE OR MASONRY FOUNDATIONS SHALL BE PRESSURE-TREATED. 10. ALL MANUFACTURED WOOD PRODUCTS, INCLUDING PLYWOOD, SHALL NOT BE EXPOSED TO MOISTURE. SAWN LUMBER SHALL BE SURFACED DRIED, U.O.N., AND THE MOISTURE CONTENT SHALL NOT EXCEED 19 PERCENT FOR ALL SAWN LUMBER AND 16 PERCENT FOR ALL GLULAMS AT THE TIME OF ENCLOSURE. 11. HARDWARE - AS MANUFACTURED BY THE SIMPSON STRONG TIE CORP. SEE GENERAL NOTE 11 FOR ALLOWED SUBSTITUTIONS. 12. NAILING - IF NOT SHOWN ON THE PLANS, NAILING SHALL CONFORM TO TABLE 2304.9.1 OF THE 2007 CBC. ALL NAILS SHALL BE COMMON WIRE GAGE. IF BOX NAILS, SINKER NAILS, OR POWER-DRIVEN FASTENERS ARE TO BE USED, SUBMIT TYPE (GAGE, LENGTH AND HEAD DIAMETER) ALONG WITH I.C.C. APPROVAL TO ENGINEER FOR REVIEW, AS A DIFFERENT NAIL SPACING MAY BE REQUIRED. SEE GENERAL NOTE 11 FOR ALLOWED SUBSTITUTIONS. 13. MULTIPLE JOISTS - SHALL BE CONNECTED WITH TWO ROWS OF 16D NAILS AT 12” O.C. STAGGERED. MANUFACTURED LUMBER SHALL BE CONNECTED AS REQUIRED BY MANUFACTURER. 14. HEADERS - FOR BEARING HEADERS USE 6X12 FOR 2X6 WALLS AND 4X12 FOR 2X4 WALLS, WITH (2) CRIPPLES AND (2) KING STUDS AT EACH END FOR HEADERS OVER 6 FEET IN LENGTH; AND (2) KING STUDS AT EACH END FOR WALLS TALLER THAN 10 FEET; U.O.N. 15. ALL BOTS, RODS AND LAG SCREWS SHALL BE ASTM GRADE A307. ALL BOLT HEADS AND NUTS THAT BEAR ON WOOD SHALL HAVE WASHERS. EXPOSED BOLTS SHALL HAVE MALLEABLE IRON WASHERS. 16. BOLT HOLES SHALL BE A MINIMUM OF 1/32 INCH AND A MAXIMUM OF 1/16 INCH LARGER THAN THE BOLT DIAMETER. 17. ALL LAG SCREWS SHALL HAVE PRE-BORED HOLES, 1/8 INCH DIAMETER. LESS THAN NOMINAL SIZE OF SCREW. 18. HOLES IN STUDS, IN PLATES OF STRUCTURAL BEARING WALLS, OR IN SHEARWALLS - FOR PLUMBING OR OTHER REASONS - SHALL BE LIMITED TO 1/3 THE WIDTH OF THE STUD AND SHALL BE LOCATED ONLY IN THE MIDDLE 1/3 OF THE STUD. HOLES SHALL BE DRILLED ONLY: NO SAWS SHALL BE USED. HOLES IN MANUFACTURED LUMBER SHALL CONFORM TO MANUFACTURER'S GUIDELINES. 19. FASTENERS FOR PRESSURE - PRESERVATIVE TREATED AND FIRE-RETARDANT TREATED WOOD SHALL BE OF HOT-DIPPED ZINC-COATED GALVANIZED STEEL, STAINLESS STEEL, SILICON BRONZE, OR COPPER. EPOXY 1. FOR NEW ANCHOR BOLTS USE POWER-FAST + EPOXY (OR EQUIVALENT) PER MANUFACTURES RECOMMENDATIONS. 2. FOR CRACKS IN CONCRETE GRADE BEAMS OR CONCRETE FLOOR USE SIKADUR 52 EPOXY (OR EQUIVALENT) PER MANUFACTURES RECOMMENDATIONS. GROUT 1. GROUT STRENGTH SHALL BE A MINIMUM OF 2,500 PSI. 2. IF GROUT THICKNESS IS GREATER THAN 2 INCHES THAN A ½ “ STEEL BAR SHALL BE ADDED HORIZONTALLY TO THE GROUT. CONCRETE 1. CONCRETE STRENGTH SHALL BE A MINIMUM OF 2,500 PSI. 2. PUMPED CONCRETE MAY BE USED AT THE CONTRACTOR'S OPTION. THE MAXIMUM AGGREGATE SIZE SHALL BE ¾” AND SLUMP RANGE SHALL BE 4 TO 6 INCHES. 3. CONCRETE SHALL NOT BE DROPPED THROUGH REINFORCING STEEL SO AS TO CAUSE SEGREGATION OF AGGREGATES. USE OF HOPPER, CHUTES OR TRUNKS OF VARYING LENGTHS SO THAT UNCONFINED FALL OF CONCRETE DOES NOT EXCEED 4 FEET. MECHANICAL VIBRATION FOR PROPER CONSOLIDATION IS REQUIRED. DRILLED CONCRETE PIERS NOTES: 1. CONCRETE PIERS SHALL BE INSTALLED AT THE LOCATIONS DETERMINED IN THE FIELD BY THE ENGINEER, APPROXIMATE LOCATIONS ARE SHOWN IN PLANS. CONCRETE PIERS SHALL HAVE A MINIMUM DIAMETER OF 18 INCHES AND RANGE IN DEPTH FROM 15 FEET TO 25 FEET. PIER DEPTH IS MEASURED FROM TOP OF FINISHED GROUND. a. IF REQUIRED, HOLES SHALL BE CASED TO PREVENT CAVING DURING DRILLING. CASING SHALL BE RETRACTED AS CONCRETE IS PLACED. b. PIERS SHALL BE DRILLED STRAIGHT AND PLUM (WITHIN 1% OF VERTICAL) AND SHOULD BE CLEANED OF LOOSE SOIL AND ROCK FRAGMENTS. 2. CONCRETE PLACEMENT SHOULD START AS SOON AS POSSIBLE AFTER DRILLING AND CLEANOUT IS COMPLETE. CONCRETE STRENGTH SHALL BE A MINIMUM OF 2,500 PSI. 3. PUMPED CONCRETE MAY BE USED AT THE CONTRACTOR'S OPTION. THE MAXIMUM AGGREGATE SIZE SHALL BE ¾” AND SLUMP RANGE SHALL BE 4 TO 6 INCHES. 4. CONCRETE SHALL NOT BE DROPPED THROUGH REINFORCING STEEL SO AS TO CAUSE SEGREGATION OF AGGREGATES. USE OF HOPPER, CHUTES OR TRUNKS OF VARYING LENGTHS SO THAT UNCONFINED FALL OF CONCRETE DOES NOT EXCEED 4 FEET. MECHANICAL VIBRATION FOR PROPER CONSOLIDATION IS REQUIRED. 5. IF WATER IS PRESENT IN THE HOLE, TREMIE PIPE SHALL BE MAINTAINED AT LEAST 5 FEET BELOW THE SURFACE OF THE CONCRETE DURING CASTING OF THE PIER. 6. AS CONCRETE IS PLACED, ANY CASING USED TO STABILIZE THE HOLE SHOULD BE WITHDRAWN. THE BOTTOM OF THE CASING SHOULD BE MAINTAINED NOT MORE THAN 5 FEET OR LESS THAN ONE FOOT BELOW THE LEVEL OF THE CONCRETE.9 3 GE N E R A L N O T E S A N D SP E C I F I C A T I O N S 3 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G WJ G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CI V IL 06/30/25 CONTINUED TIEBACK INSTALLATION NOTES: 0. TIEBACKS SHALL BE INSTALLED AT THE LOCATIONS DETERMINED IN THE FIELD BY THE ENGINEER, APPROXIMATE LOCATIONS ARE SHOW IN PLANS. TIEBACKS SHALL BE DRILLED TO THE DEPTH REQUIRED. c. IF REQUIRED, HOLES SHALL BE CASED TO PREVENT CAVING DURING DRILLING. CASING SHALL BE RETRACTED AS GROUT OR BACKFILL IS PLACED. d. TIEBACKS SHALL BE FREE OF ALL LOOSE MATERIAL. 1. INSTALL DCP STEEL ROD OR STRANDS WITH CENTRALIZERS SPACED AT MAXIMUM 5-FOOT O.C. AND IMMEDIATELY FILL BORE HOLE WITH HIGH STRENGTH GROUT. TIEBACK BOLTS SHALL BE FULLY GROUTED FROM TOP TO BOTTOM OF HOLE. BONDED ZONE IS INDICATED ON THE WALL SCHEDULE. 2. TEST TIEBACKS AGAINST STEEL WALER ASSEMBLY. 3. TESTING SHALL PROCEED AFTER GROUT IN THE PENETRATION LENGTH HAS ATTAINED THE APPROPRIATE COMPRESSIVE STRENGTH AS DETERMINED BY THE CONTRACTOR. a. TIEBACKS SHALL BE STRESSED STRAIGHT AND TRUE AGAINST WALER. KINKING OR SHARP CURVATURE UNDER TENSION SHALL BE CAUSE FOR REJECTION. b. STRAND/ROD AND ROCK BOLT ASSEMBLY SHALL SHOW NO EXCESSIVE (1” MAX.) MOVEMENT AT TEST LOAD. 4. HYDRAULIC JACKS SHALL BE CALIBRATED AND CERTIFIED WITHIN THE LAST SIX MONTHS BY AN INDEPENDENT TESTING AGENCY. CERTIFICATION SHALL BE PROVIDED TO THE ENGINEER PRIOR TO TESTING. 5. THE CONTRACTOR SHALL STOP EXCAVATION IF ADVERSE EFFECTS ON ADJACENT PROPERTIES ARE OBSERVED AND SHALL IMMEDIATELY NOTIFY THE CITY AND THE ENGINEER. 6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MEETING THE DESIGN LOADS WITH RESPECT TO TIEBACKS. 7. THE CONTRACTOR SHALL SUBMIT TO THE ENGINEER FOR REVIEW AND APPROVAL ALL INFORMATION REGARDING THE TIEBACK INSTALLATION SYSTEM OTHER THAN AS SHOWN OR SPECIFIED ON THE DRAWINGS AND IN SPECIFICATIONS. 8. THE CONTRACTOR SHALL SUBMIT TO THE ENGINEER FOR REVIEW AND APPROVAL ALL INFORMATION REGARDING TIEBACK ANCHORING DETAILS OTHER THAN SHOWN OR SPECIFIED ON THE DRAWINGS AND IN THE SPECIFICATIONS. 9. THE CONTRACTOR MAY INCREASE OR DECREASE THE ANGLE OF THE TIEBACKS BY APPROXIMATELY 5 DEGREES IF DEEMED NECESSARY BY THE FIELD SUPERINTENDENT TO MEET CONDITIONS IN THE FIELD WITH THE PRIOR APPROVAL OF THE ENGINEER. 10. THE CONTRACTOR SHALL INSTALL WEDGE WASHERS AS REQUIRED TO CORRECT MISALIGNMENT OF THE ANCHOR RODS WITH THE ANGEL SEATS. 11. TENSIONING OF TIEBACK: ALL TIEBACKS SHALL BE TENSIONED USING A CENTER HOLE HYDRAULIC JACK. WHEN THE GROUT HAS ATTAINED THE REQUIRED COMPRESSIVE STRENGTH, THE ANCHORS SHOULD BE PROOF TESTED TO 1.33 TIMES THE DESIGN LOAD AS OUTLINED IN THE LATEST EDITION OF THE POST-TENSIONING INSTITUTE MANUAL. PROOF TEST LOADS SHOULD BE HELD FOR 10 MINUTES, AND THE DEFLECTION AT TEST LOAD BETWEEN THE 1 AND 10 MINUTE READINGS SHOULD NOT EXCEED 0.04 INCHES. AFTER TESTING, THE TENSION IN THE ANCHOR SHOULD BE REDUCED TO THE DESIGN LOAD AND LOCKED OFF. 12. THE CONTRACTOR SHALL PROVIDE THE JACKS AND JACKING MECHANISMS USED IN THE STRESSING AND TESTING OF THE INSTALLED TIEBACKS. THE CONTRACTOR SHALL SUBMIT A RECENT (MAXIMUM 6 MONTHS OLD) CERTIFIED LOAD-PRESSURE TABLE FOR THE JACKS FOR REVIEW BY THE ENGINEER PRIOR TO TESTING. 13. THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR RE-DRILLS OR REPLACEMENT OF TIEBACKS, WHICH FAIL TO MEET TEST LOADS, AND ALL THE COSTS INVOLVED. 14. CEMENT GROUT SHALL HAVE A MINIMUM OF 4,000 PSI. DRAINAGE 1. NO SLOPE SHALL BE LEFT TO STAND THROUGH A WINTER SEASON WITHOUT EROSION CONTROL MEASURES BEING PROVIDED. 2. ALL PIPES SHALL BE NON-PERFORATED SDR-35 PIPE. USE OF OTHER MATERIALS WILL BE PERMITTED ONLY UPON AUTHORIZATION OF THE ENGINEER. 3. USE PIPES OF NO LESS THAN 4 INCHES IN DIAMETER. THE USE OF WYES, ELBOWS, TEES, CLEANOUTS, OR OTHER PIPE FITTINGS SHALL BE ALLOWED AT THE DISCRETION OF THE ENGINEER BASED ON FIELD CONDITIONS. 4. COMPACTED ENGINEERED TRENCH BACKFILL USING NATIVE SOILS WILL BE REQUIRED BY THE ENGINEER IN LOCATIONS WHERE NON-PERFORATED PIPE IS SPECIFIED. 5. EROSION CONTROL MEASURES SHALL BE PROVIDED IN ACCORDANCE WITH THE COUNTY REQUIREMENTS. SPECIAL INSPECTION NOTES 1. INSPECTIONS OF THE TIEBACK DRILLING AND VERTICAL PIER HOLE DRILLING ARE REQUIRED TO BE PERFORMED BY THE REGISTERED ENGINEER OF RECORD. 2. SCOPE OF INSPECTION INCLUDE: a. INSPECT INSTALLATION OF TIEBACK AND PIER HOLE DEPTH. a. OBSERVE ALL PULLOUT (POST-TENSIONING) TESTING TO ASCERTAIN DESIGN SPECIFICATION IS ACHIEVED. b. INSPECT INSTALLATION OF STEEL REINFORCEMENT. SAFETY NOTES 1. THE CONTRACTOR SHALL NOTIFY THE UNDERGROUND SERVICE ALERT (USA) A MINIMUM OF 2 WORKING DAYS PRIOR TO ANY DIGGING. CALL 1-800-642-2444. 2. THE CONTRACTOR SHALL COMPLY WITH ALL STATE, COUNTY, AND CITY LAWS AND ORDINANCES, AND REGULATIONS OF THE DEPARTMENT OF INDUSTRIAL RELATIONS O.S.H.A., AND INDUSTRIAL ACCIDENT COMMISSION RELATING TO THE SAFETY AND CHARACTER OF WORK EQUIPMENT AND LABOR PERSONNEL. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR KEEPING ALL PUBLIC RIGHTS-OF-WAY AND OFF-SITE AREAS FROM ALL DIRT, MUD, DUST, AND DEBRIS AT ALL TIMES. 5. THE CONTRACTOR SHALL PREVENT THE FORMATION OF ANY AIRBORNE NUISANCE BY WATERING DOWN AND/OR TREATING THE SITE OF THE WORK IN SUCH A MANNER THAT WILL CONFINE DUST PARTICLES TO THE IMMEDIATE WORK AREA. IN ADDITION, THE NOISE LEVEL OF OPERATION SHALL BE KEPT TO A MINIMUM AS PER THE CITY. 6. WORK SHALL BE SUSPENDED, IF IN THE OPINION OF THE CITY, DUST CONTROL MEASURES ARE NOT ADEQUATE. 7. SANITARY FACILITIES SHALL BE MAINTAINED ON THE SITE. 9 X X X X X X X X X X X X X X X X X X X X X X XXXX XXXXXXXXXXXXXXXX X X X X X X X 4 EX I S T I N G C O N D I T I O N 4 LIMITS OF LANDSLIDE 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G WJ G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CIV IL 06/30/25 EXISTING CONDITION AND SLIDE LIMITS SCALE: 1" = 10'- 0"SCALE : 1"=10'-0" 5'10'0'10'20' 1918 GREEN VALLEY -N - -N- PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINEPROPERTY LINE BASE MAP FROM LCC ENGINEERING & SURVEYING, INC. 2017 REPORT 9 1914 GREEN VALLEY APN: 194-070-0831910 GREEN VALLEY 505 500 495 485 480 480 485 500 505 505 490 500 495 500 490 505 480 480 480 485 485 485 485 490 490 490 490 490 490 490 490 495 495 495 495495 495 495 495 500 500 500 500 500 500 500 500 505 505 505505505505505 505 490 490 490 490 490 490 495 490 495 485 485 485 480 480 480 495 495 495 495 495 495 495 500 500 500 500500 500 500 500 500 505 505 505 505 505 505 505 505 490490 490 99' 21 6 . 2 6 ' 22 4 . 9 8 ' EXISTING POOL WJ G 11 . 1 5 . 2 0 2 3 PE R C I T Y C O M M E N T S 1 1 1 1 1 DRAINAGE EASE AND RESTRICTED DEVELOPMENT AREA PER (132 PM 23) 2 2 WJ G 01 . 0 5 . 2 0 2 4 PE R C I T Y C O M M E N T S X X X X X X X X X X X X X X X X X X X X X X XXXX XXXXXXXXXXXXXXXX X X X X X X X 4 EX I S T I N G C O N D I T I O N 4 LIMITS OF LANDSLIDE 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G WJ G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : DR A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 03/01/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CI V IL 06/30/25 EXISTING CONDITION AND SLIDE LIMITS SCALE: 1" = 10'- 0"SCALE : 1"=10'-0" 5'10'0'10'20' 1918 GREEN VALLEY -N - -N- PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINEPROPERTY LINE BASE MAP FROM LCC ENGINEERING & SURVEYING, INC. 2017 REPORT 9 1914 GREEN VALLEY APN: 194-070-0831910 GREEN VALLEY 505 500 495 485 480 480 485 500 505 505 490 500 495 500 490 505 480 480 480 485 485 485 485 490 490 490 490 490 490 490 490 495 495 495 495495 495 495 495 500 500 500 500 500 500 500 500 505 505 505505505505505 505 490 490 490 490 490 490 495 490 495 485 485 485 480 480 480 495 495 495 495 495 495 495 500 500 500 500500 500 500 500 500 505 505 505 505 505 505 505 505 490490 490 99' 21 6 . 2 6 ' 22 4 . 9 8 ' EXISTING POOL WJ G 11 . 1 5 . 2 0 2 3 PE R C I T Y C O M M E N T S 1 1 1 1 1 DRAINAGE EASE AND RESTRICTED DEVELOPMENT AREA PER (132 PM 23) 2 2 WJ G 01 . 0 5 . 2 0 2 4 PE R C I T Y C O M M E N T S 3 WJ G 03 . 0 1 . 2 0 2 4 PE R C I T Y C O M M E N T S 3 SPECIAL FLOOD HAZARD AREA (SFHA) 3 X X X X X X X X X X XX XX XX X 5 CO N S T R U C T I O N A C C E S S P L A N 5 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G WJ G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CI V IL 06/30/25 CONSTRUCTION ACCESS PLAN SCALE: 1" = 30'- 0"SCALE : 1"=10'-0" 15'30'0'30'60' PR O P E R T Y L I N E PROPERTY LINE PR O P E R T Y L I N E 1918 GREEN VALLEY 1910 GREEN VALLEY -N - -N- BASE MAP FROM LCC ENGINEERING & SURVEYING, INC. 2017 REPORT 9 CONSTRUCTION EQUIPMENT ACCESS 1914 GREEN VALLEY APN: 194-070-083 480 485 495 500 490 495 500 490 505 505 480 490 495 500 505 485 490 495 500 505 99.51' 99' 21 6 . 2 6 ' 22 4 . 9 8 ' (E) POOL WJ G 11 . 1 5 . 2 0 2 3 PE R C I T Y C O M M E N T S 1 1 1 1 1 DRAINAGE EASE AND RESTRICTED DEVELOPMENT AREA PER (132 PM 23) 2 DRAINAGE EASE AND RESTRICTED DEVELOPMENT AREA PER (132 PM 23) 2 2 WJ G 01 . 0 5 . 2 0 2 4 PE R C I T Y C O M M E N T S X X X X X X X X X X XX XX XX X 5 CO N S T R U C T I O N A C C E S S P L A N 5 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G WJ G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : DR A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 03/01/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CI V IL 06/30/25 CONSTRUCTION ACCESS PLAN SCALE: 1" = 30'- 0"SCALE : 1"=10'-0" 15'30'0'30'60' PR O P E R T Y L I N E PROPERTY LINE PR O P E R T Y L I N E 1918 GREEN VALLEY 1910 GREEN VALLEY -N - -N- BASE MAP FROM LCC ENGINEERING & SURVEYING, INC. 2017 REPORT 9 CONSTRUCTION EQUIPMENT ACCESS 1914 GREEN VALLEY APN: 194-070-083 480 485 495 500 490 495 500 490 505 505 480 490 495 500 505 485 490 495 500 505 99.51' 99' 21 6 . 2 6 ' 22 4 . 9 8 ' (E) POOL WJ G 11 . 1 5 . 2 0 2 3 PE R C I T Y C O M M E N T S 1 1 1 1 1 DRAINAGE EASE AND RESTRICTED DEVELOPMENT AREA PER (132 PM 23) 2 DRAINAGE EASE AND RESTRICTED DEVELOPMENT AREA PER (132 PM 23) 2 2 WJ G 01 . 0 5 . 2 0 2 4 PE R C I T Y C O M M E N T S 3 WJ G 03 . 0 1 . 2 0 2 4 PE R C I T Y C O M M E N T S SPECIAL FLOOD HAZARD AREA (SFHA) 3 3 X X X X X X X X X X X X X X X X X X X X X X XX X X XXXX X X X X 6 RE T A I N I N G W A L L R E P A I R P L A N RETAINING WALL REPAIR PLAN SCALE: 1" = 10'- 0" 6 SCALE : 1"=10'-0" 5'10'0'10'20' 6'-0" 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G W J G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CI V IL 06/30/25 6"Ø X25' DEEP DCP TIEBACKS @ 12 FEET O.C. P1 P2 T1 T2 T3 P3 P4 P5 P6 P7 P9 P10 P11 P12 P13 P15 P16 P17 P18P14P8 PR O P E R T Y L I N E PROPERTY LINE PR O P E R T Y L I N E 1918 GREEN VALLEY1910 GREEN VALLEY A A ± 4 0 ' F R O M P R O P E R T Y L I N E (TYP.) -N - -N- BASE MAP FROM LCC ENGINEERING & SURVEYING, INC. 2017 REPORT 9 12' O.C. (TYP.) 18"Ø X25' DEEP PIERS (P1-P10) 18"Ø X15' DEEP PIERS (P11-P18) 6' O.C. (TYP.) 24"Ø OAK ± 48' ± 27' 1 1 (E) POOL 480 485 490 495 500 505 495 500 490 480 480 485 485 490 490 490 490 490 495 495 495 495495 500 500 500 500 500 500 505 505 505505505505505 490 490 495 500 505 1914 GREEN VALLEY APN: 194-070-083 485 480 505 490 500 495 490 500 495 480 480 505 490490 490 490 490 490 485 485 495 495 495 495 495 495 500 500 500 500500 500 505 505 505 505 505 TW = 0.0 BW = 3'-0" THERE IS NO WORK IN THE AREA OF THE LANDSLIDE LANDSLIDE IS ENTIRELY ON HOA PROPERTY. ALL WORK TO BE DONE ON THE PROPERTY AT 1914 GREEN VALLEY ROAD, ALAMO * APPROXIMATE DRIPLINE OF 24"Ø OAK TREE TW = 0.0 BW = 3'-0" TW = 0.0 BW = 3'-0" TW = 0.0 BW = 6'-0" SET BACK 1-FOOT OFF PROPERTY LINE SET BACK 1-FOOT OFF PROPERTY LINE 99' 21 6 . 2 6 ' 22 4 . 9 8 ' WJ G 11 . 1 5 . 2 0 2 3 PE R C I T Y C O M M E N T S B B 2 2 WALL HEIGHT = 3' WALL HEIGHT VARIES FROM 3'-6' LEGEND: 2 DRAINAGE EASE AND RESTRICTED DEVELOPMENT AREA PER (132 PM 23) 2 2 WJ G 01 . 0 5 . 2 0 2 4 PE R C I T Y C O M M E N T S THREAD BAR CONFORMS TO ASTM A722, TYPE 2, MANUFACTURE BY STAHLWERK ANNAHUETTE (SAH), GERMANY. 1 " Ø (32 MM) CROSS SECT. AREA 0.85 SQ IN ULTIMATE STRESS 150 KSI ULTIMATE STRENGTH 130 KIPS MAX. ALLOW. TEST LOAD 104 KIPS WEIGHT 3.01 LBS/FT MODULUS OF ELAST. 29,000 KSI MAXIMUM BAR DIAMETER 1.20 IN. COUPLER THREAD BAR CORR. HDPE SHEATHING 1" MIN. MOLDABLE DENSYL TAPE OVERLAP HALF OF TAPE WIDTH HEAT SHRINK SLEEVE 4"Ø x 18" LONG MIN. 4" 4" 1" MIN. 3" MIN. 3" SHOP GROUT DR I L L H O L E DI A M E T E R DRILL HOLE ROPE CENTRALIZER AT 18" PITCH 1 2" SCH 40 PVC PIPE 1" Ø THREAD BAR GR. 150 2" I.D. / 2 3 8" O.D. CORR. HDPE SHEATHING PRIMARY (FIELD) GROUT 1. MARK HALF OF THE COUPLER LENGTH ON THE END OF EACH BAR. 2. SLIDE HEAT SHRINK SLEEVE ONTO ONE END AND PARK IT ON THE CORRUGATED SHEATHING. 3. ENGAGE EACH BAR ONE HALF THE COUPLER LENGTH, USING MARKS FOR ALIGNMENT. 4. USING 24" PIPE WRENCHES, TORQUE BARS AGAINST EACH OTHER INTO THE COUPLER WITH 250 FT-LBS OF TORQUE. 5. FILL GAP BETWEEN ONE END OF CORRUGATED SHEATHING AND COUPLER WITH DENSYL TAPE UNTIL EVEN WITH COUPLER. CONTINUE WRAPPING DENSO TAPE OVER THE COUPLER, OVERLAPPING WRAPS BY ONE HALF THE WIDTH OF THE TAPE, THEN FILL GAP ON OTHER SIDE OF COUPLER. 6. REPOSITION AND CENTER THE HEAT SHRINK SLEEVE OVER THE COUPLER TO ASSURE 3" OVERLAP ONTO BOTH CORRUGATED SHEATHINGS. 7. USING PROPANE TORCH APPLY HEAT EVENLY OVER HEAT SHRINK SLEEVE, STARTING FROM ONE END AND PROGRESSING TO THE OTHER END. APPLY A SECOND PASS AS REQUIRED TO COMPLETELY SHRINK THE SLEEVE. 18" REINFORCED CONCRETE PIER ON 6 FEET O.C. BONDE D L E N G T H = 2 0 F E E T SMOOTH PVC PIPE TAP TO SEAL (BOTH END) GROUT TUBE FOR INITIAL GROUTING COUPLER IN BOND LENGTH SHOP GROUT POST GROUT VALVE END CAP PVC CENTRALIZER WITHIN THE BOND LENGTH SPACED AT MAX. 5 FT. O.C. CORRUGATED HOPE SHEATING MIN. WALL THICKNESS 40 MILS UNBON D E D L E N G T H 1 0 F E E T LEVEL OF INITIAL GROUT STEEL WEDGE #4 TIES @ 12" O.C. (N) 18"x48" CONCRETE GRADE BEAM 6"Ø DCP (DOUBLE CORROSION PROTECTION) TIE-BACK 18"Ø 25 ' D E E P DESIGN LOAD = TEST LOAD = LOAD 1.3 TIMES DESIGN LOAD - DOUBLE CORROSION PROTECTION TIE-BACK W8X18 50 KSI STEEL BEAM A A (SEE DETAIL 1) 7 PI E R S E C T I O N A N D T Y P I C A L D E T A I L PIER SECTION SCALE: 1/2" = 1'- 0"7 1'2'0'2'4' SCALE : 12"=1'-0" SECTION A-A2THREAD BAR PROPERTIES 1"Ø1 NOT TO SCALE 3 4COUPLE INSTALLATION PROCEDURE 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G WJ G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CI V IL 06/30/25 DETAIL 1 SCALE: 1" = 1'- 0" #6 @ 8" O.C. (TYPICAL EXCEPT AT WALER) WALER 12" TALL #6 @4" O.C. WITH #4 TIES @ 12" O.C. 12" 12" 9 #4 TIES @ 12" O.C. 12" 42" 3 #6 BARS @ 6" EACH SIDE @ TIEBACKS LOCATION W8X18 8 SE C T I O N A - A 8 SECTION A-A SCALE: 3/8" = 1'- 0" A 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G W J G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CIV IL 06/30/25 A SCALE : 3/8"=1'-0" 2'0'2'4'1' EXISTING FENCE (N) 6"X 30 FOOT LONG TIEBACKS EXISTING SLOPE 25' DEEP 18"Ø CONCRETE PIERS 9 REPLACE EXISTING 5-FOOT TALL FENCE HE I G H T V A R I E S ( 3 ' T O 6 ' ) SIMPSON CBSQ44-SDS2 POST BRACKET W8X18 50 ksi WIDE FLANGED STEEL BEAM 5'-0" 1 WJ G 11 . 1 5 . 2 0 2 3 PE R C I T Y C O M M E N T S 1 1 1 2 2 2 WJ G 01 . 0 5 . 2 0 2 4 PE R C I T Y C O M M E N T S 2 9 SE C T I O N B - B 4699-00 S- Mc D o n a l d ' s R e s i d e n c e 19 1 4 G R E E N V A L L E Y AL A M O , C A 9 4 5 0 7 AL A M O WJ G WJ G SA M 10 / 2 0 / 2 0 2 3 Date: DE S C R I P T I O N SHEET PROJECT # OF SHEETS S R E CH E C K E D : D R A W N : DE S I G N E D : DA T E : CA L I F O R N I A DA T E BY RE V . EN G I N E E R E D S O I L R E P A I R S , I N C . TE L . N O . ( 9 2 5 ) 2 1 0 - 2 1 5 0 WA L N U T C R E E K , C A 9 4 5 9 7 12 6 7 S P R I N G B R O O K R O A D LI C . # 6 6 8 1 8 4 01/05/2024 No. C50154 REG I STERED PROFESSIONAL ENGI NEERExp. STATE OF CALIFORNIA WILLIAM J .GIBSON CI V IL 06/30/25 B EXISTING SLOPE 18"Ø CONCRETE PIERS 9 SECTION B-B SCALE: 1/2" = 1'- 0" B #6 BARS @ 12" O.C. W8X18 50 ksi WIDE FLANGE STEEL BEAM 15' #4 BARS @ 12" O.C. 12" 30" 1'2'0'2'4' SCALE : 12"=1'-0" SIMPSON CBSQ44-SDS2 POST BRACKET REPLACE EXISTING 5-FOOT TALL FENCE HE I G H T V A R I E S ( 3 ' T O 6 ' ) WJ G 11 . 1 5 . 2 0 2 3 PE R C I T Y C O M M E N T S 1 1 1 2 2 WJ G 01 . 0 5 . 2 0 2 4 PE R C I T Y C O M M E N T S 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:224-3261 Name: Status:Type:Consent Item Passed File created:In control:9/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents and take related actions to provide a HOME Investment Partnership Program- American Rescue Plan loan in the amount of $4,382,047, a Measure X Housing loan in the amount of $1,421,000, and a Permanent Local Housing Allocation loan in the amount of $1,000,000 to Legacy Court, L.P., for the construction of an affordable housing rental development located on scattered sites on Fred Jackson Way between Willard Avenue and Duboce Avenue in the City of Richmond. (64% Federal, 21% State, and 15% County Measure X funds) Attachments:1. Legacy Court- County_PLHA_Measure X Regulatory Agr, 2. Legacy Court HOME_PLHA_Measure X Regulatory Agr, 3. Legacy Court Loan Agr, 4. Legacy Court Deed of Trust, 5. Legacy Court- HOME- ARP Loan Promissory Note, 6. Legacy Court Measure X Loan Promissory Note, 7. Legacy Court PLHA Loan Promissory Note, 8. Legacy Court Intercreditor.Subordination Agr with Richmond, 9. Legacy Court- Subordination Agreement Sponsor Loan Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 2 Pass To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Approval of $4,382,047 HOME-ARP, $1,421,000 Measure X Housing, and $1,000,000 PLHA Loan(s) and Related Documents for the Legacy Court Project in Richmond ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.APPROVE a total loan amount of $6,803,047 to Legacy Court L.P., a California Limited Partnership, for the construction of an affordable rental housing development known as Legacy Court Apartments located on scattered sites at Fred Jackson Way between Willard Avenue and Duboce Avenue in the City of Richmond, as follows: a.HOME Investment Partnership Program-American Rescue Plan (HOME-ARP) funds in the amount of $4,382,047; and b.Measure X Housing funds in the amount of $1,421,000; and c.Permanent Local Housing Allocation (PLHA) funds in the amount of $1,000,000 2.AUTHORIZE the Director of Conservation and Development, or designee, to execute legal documents to affect the HOME-ARP, Measure X and PLHA loan(s); 3.FIND, as the responsible agency, that on the basis of the whole record before the County (including the California Environmental Quality Act (CEQA)) review prepared by the City of Richmond, as the lead agency, that the development is categorically exempt under CEQA Guidelines Section 15194; and CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 4 powered by Legistar™ File #:24-3261,Version:2 DIRECT the Conservation and Development Director, or designee, to file a Notice of Exemption for Legacy Court Apartments with the County Clerk; and pay any required fee for the filing. FISCAL IMPACT: HOME-ARP funds were provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD) as part of the American Rescue Plan Act of 2021 (CFDA #14.239 HOME). PLHA funds are provided to the County as a grant on a formula application basis through the State’s Department of Housing and Community Development (HCD). Measure X Housing funds are part of the County General fund and derive from a countywide, 20-year, ½ cent sales tax approved by Contra Costa County voters on November 3, 2020. BACKGROUND: Project Description The Legacy Court Apartments development site is a scattered site project situated across multiple vacant sites, all of which are located within one block from each other on Fred Jackson Way between Willard Avenue and Duboce Avenue in the incorporated portion of North Richmond. The development will create more affordable housing with 43 new rental units planned. The proposed development will serve 42 low-income households earning 30-60 percent of the area’s median income. The project will set aside thirteen units to support residents who are experiencing homelessness, at risk of experiencing homelessness and residents in need of mental health services. Contra Costa Behavioral Health Services will provide additional support services for these units, including case management, peer support, mental health care, substance use services, and benefits counseling and advocacy. Of the 42 total units, there are 16 units designated as County-assisted units as follows: Homeless Units Extremely Low Income Units Very Low Income Units One Bedroom 8 (HOME-ARP Assisted) 3 (Measure X- Assisted) 1 (PLHA-Assisted) 3 (PLHA-Assisted) Three Bedroom 1 (PLHA-Assisted) Total 8 5 3 The project will include a mix of one-bedroom, two-bedroom, and three-bedroom units. One of the units will be set aside for a live-in community manager. On-site project amenities for residents will include a community room, community kitchen, laundry rooms, computer lab with high-speed internet, and bike parking. The common area amenities of the development with facilitate the socialization and sense of community that is important to successful developments and will serve as spaces for resident gatherings, community meetings, social events, programming for resident services such as exercise, health and wellness programs, and art, educational, and cultural activities. Legacy Court is designed as all-electric and will incorporate solar panels, energy-efficient appliances, and green elements maximized to reduce the carbon footprint of the project. Funding Sources HOME-ARP The American Rescue Plan Act of 2021 appropriated $5 billion to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing rental housing, rental assistance, supportive services, and non-congregate shelter, to reduce homelessness and increase housing CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 4 powered by Legistar™ File #:24-3261,Version:2 stability. The funds were allocated by formula to jurisdictions that qualified for funding through the HOME Investment Partnership Program (HOME Program) from HUD. On May 9, 2023, the Board of Supervisors (Board) approved an award of $4,382,047 in HOME-ARP funds to Community Housing Development Corporation of North Richmond (CHDC) and Eden Development, Inc. (Eden) for the Legacy Court Apartments project. Measure X Housing Measure X is a countywide 20-year 1/2 cent sales tax approved by Contra Costa voters on November 3, 2020. The ballot measure language stated the intent of Measure X is "to keep Contra Costa's regional hospital open and staffed; fund community health centers, provide timely fire and emergency response; support crucial safety -net services; invest in early childhood services; protect vulnerable populations; and for other essential County services." On November 16, 2021, the County Board of Supervisors approved the allocation of Measure X funding to establish a new funding source for housing-related activities, now termed the Measure X Housing Fund (MX Housing Fund). The Board of Supervisors approved and committed $10 million of Measure X funds for Year One and $12 million on an annual basis thereafter for the MX Housing Fund. On May 9, 2023, the Board approved an award of $1,421,000 in Measure X Housing funds to CHDC and Eden for the construction of the Legacy Court Apartments project. PLHA PLHA is a State HCD program with entitlement and competitive components intended to fund more affordable housing. The State designated Contra Costa County as the administrator of the entitlement grant award for the Contra Costa "Urban County," which includes the unincorporated communities and all the cities except for Antioch, Pittsburg, Walnut Creek, and Concord, which have their own entitlements. On June 7, 2022, the Board approved an award of $1,000,000 in PLHA funds to CHDC and Eden for the Legacy Court project. Loan Documents and Ownership Structure CHDC and Eden have formed a limited partnership, Legacy Court L.P., to develop and own this project. The HOME-ARP/Measure X/PLHA funds will be provided by the County in the form of a 55-year residual receipts loan. The County loan will bear a three percent simple interest rate. There may be some loan repayments if the project has a surplus cash flow (surplus cash is also known as "residual receipts") during the operation of the development. Affordability and use restrictions are incorporated into the attached County loan documents. The County will have a HOME-ARP/Measure X/PLHA Regulatory Agreement with a 20-year HOME-ARP term of affordability, as well as a County Regulatory Agreement that will maintain affordability of the units following the expiration of the HOME-ARP term for a total term of 55 years. Additional non-County financing for the development includes a City of Richmond loan, a No Place Like Home loan, a sponsor loan/deferred developer fee, a private construction loan, and 9% tax credits. Through this action, the Director of Conservation and Development, or designee, is authorized to execute subordination agreements and estoppels that are consistent with the subordination terms in the Loan Agreement. Due to the high construction costs and limited revenue from the restricted rents, the total amount of the financing provided to the project will likely exceed the value of the completed project. Even though the proposed equity investment from low-income housing tax credits is substantial compared to the amount of long -term debt, the partnership agreement will have numerous safeguards of the investor's equity. These safeguards essentially subordinate the County’s debt to the investor’s equity. Therefore, the County HOME-ARP, Measure X, and PLHA funds may not be fully secured through the value of the property. However, the HOME-ARP, Measure X, and PLHA program funds are granted, not loaned, to the County, so the County general fund will CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 4 powered by Legistar™ File #:24-3261,Version:2 not have any exposure as a result of this loan. The County funds are dedicated to providing affordable housing options for low-income households and the same risk would be present in any comparable project. The County structures its investments as loans rather than grants to maintain involvement in the financial team in the event the project experiences any serious issues over the 55-year term. Environmental Review National Environmental Policy Act (NEPA): HOME-ARP projects are subject to NEPA and 24 CFR Part 58 environmental regulations. The NEPA review for this project is complete and the required mitigation actions are included in the loan agreement. The County, as a responsible agency under CEQA, concurs with the City of Richmond’s CEQA determination and will file the appropriate notice with the Recorder's Office. CONSEQUENCE OF NEGATIVE ACTION: Without the approval and execution of the HOME-ARP, Measure X, and PLHA County loan documents, the project will not be constructed. Legacy Court must close the transaction and begin construction by November 2024 or forgo the 9% tax credits upon which the project's financing depends. CONTRA COSTA COUNTY Printed on 10/29/2024Page 4 of 4 powered by Legistar™ 1 863\115\3832933.4 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 Section 27383 and 27388.1 __________________________________________________________________________ COUNTY/PLHA/MEASURE X REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Legacy Court) This County/PLHA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants (the "County/PLHA/Measure X Regulatory Agreement") is dated October ____, 2024 and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Legacy Court, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this County/PLHA/Measure X Regulatory Agreement. B. The County has received Home Investment Partnerships Act funds (the "HOME-ARP Funds") from the United States Department of Housing and Urban Development ("HUD") pursuant to title II of the Cranston-Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12705 et seq.), as modified by Section 3205 of the American Rescue Plan Act of 2021(P.L. 117-2). The HOME-ARP Funds must be used by the County in accordance with 24 C.F.R. Part 92, as modified by HUD Notice CPD-21-10 issued on September 13, 2021. C. The County has received Permanent Local Housing Allocation funds ("PLHA Funds") from the California Department of Housing and Community Development ("HCD"), pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins) (the "PLHA Statute"), a Notice of Funding Availability issued by HCD, dated February 26, 2020 (the "PLHA NOFA"), and Standard Agreement Number 21-PLHA-17157 between the County and HCD as amended (the "PLHA Standard Agreement"). The PLHA Funds must be used by the County in accordance with the PLHA Statute, the PLHA NOFA, the PLHA Standard Agreement, and the PLHA Guidelines issued by HCD dated October 2019 (collectively, the "PLHA Requirements"). D. On November 3, 2020, the voters of Contra Costa County approved a countywide 20-year, ½ cent sales tax ("Measure X"). On November 16, 2021 the County board of 2 863\115\3832933.4 supervisors approved the Measure X Housing Fund to support the construction of affordable housing in the County for persons earning less than 50% of area median income and persons at risk of homelessness (the "Measure X Funds"). E. Borrower has acquired from Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation ("CHDC") that certain real property described as Parcels A, B, and C as shown on Parcel Maps MS______-24, Filed _________,2024 in Book________ of Parcel Maps, Page _________ located at Fred Jackson Way between Willard Avenue and Duboce Avenue, City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to construct forty-three (43) housing units on the Property, forty-two (42) of which are for rental to extremely low, very low-, and low-income households, and one (1) manager's unit (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". F. Pursuant to a Development Loan Agreement of even date herewith between the County and Borrower (the "Loan Agreement"), the County is lending Borrower Four Million Three Hundred Eighty-Two Thousand Forty-Seven Dollars ($4,382,047) in HOME-ARP Funds (the "HOME-ARP Loan"), One Million Dollars ($1,000,000) in PLHA Funds (the "PLHA Loan"), and One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000) in Measure X Funds (the "Measure X Loan") for a total loan amount of Six Million Eight Hundred Three Thousand Forty-Seven Dollars ($6,803,047) (the "County Loan") to assist in the construction of the Development. G. In addition to this County/PLHA/Measure X Regulatory Agreement and the Loan Agreement, the County Loan is evidenced and secured by the following documents: (i) a deed of trust with assignment of rents, security agreement, and fixture filing of even date herewith, among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary; (ii) an intercreditor and subordination agreement of even date herewith among the City, the County, and Borrower; (iii) a promissory note executed by Borrower of even date herewith in the amount of the HOME-ARP Loan; (iv) a promissory note executed by Borrower of even date herewith in the amount of the PLHA Loan; (v) a promissory note executed by Borrower of even date herewith in the amount of the Measure X Loan; and (vi) the HOME/PLHA/Measure X Regulatory Agreement, executed by Borrower of even date herewith, (collectively, the "Loan Documents"). The Loan Documents are described in more detail in the Loan Agreement. H. The County has the authority to lend the County Loan to Borrower pursuant to Government Code Section 26227, which authorizes counties to spend county funds for programs that will further a county's public purposes. I. The County has agreed to make the County Loan on the condition that Borrower maintain and operate the Development in accordance with restrictions set forth in this County/PLHA/Measure X Regulatory Agreement and the HOME/PLHA/Measure X Regulatory Agreement, and in the related documents evidencing the County Loan. Sixteen (16) of the Units are restricted by the County pursuant to this County/PLHA/Measure X Regulatory Agreement, which are the same sixteen (16) Units restricted by the County pursuant to the HOME/PLHA/Measure X Regulatory Agreement. 3 863\115\3832933.4 J. As it applies to the County-Assisted Units this County/PLHA/Measure X Regulatory Agreement will be in effect for the Term. The HOME/PLHA/Measure X Regulatory Agreement will be in effect for the HOME Term. Pursuant to Section 6.15 below, compliance with the terms of the HOME/PLHA/Measure X Regulatory Agreement will be deemed compliance with this County/PLH/Measure X Regulatory Agreement during the HOME Term. K. In consideration of receipt of the County Loan at an interest rate substantially below the market rate, Borrower agrees to observe all the terms and conditions set forth below. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS 1.1 Definitions. The following terms have the following meanings: (a) "Accessibility Requirements" has the meaning set forth in Section 2.1(d). (b) "Actual Household Size" means the actual number of persons in the applicable household. (c) "Adjusted Income" means with respect to the Tenant of each County- Assisted Unit, the Tenant’s total anticipated annual income as defined in 24 CFR 5.609 and as calculated pursuant to 24 CFR 5.611. (d) "Assumed Household Size" means the household size "adjusted for family size appropriate to the unit" as such term is defined in Health & Safety Code Section 50052.5(h), used to calculate Rent. (e) "CHDC" has the meaning set forth in Paragraph E of the Recitals. (f) "City" means the City of Richmond, a municipal corporation. (g) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (h) "County" has the meaning set forth in the first paragraph of this Agreement. (i) "County-Assisted Units" means the sixteen (16) Units to be constructed on the Property that are restricted to occupancy by Extremely Low Income Households and Very Low Income Households in compliance with Section 2.1 below. 4 863\115\3832933.4 (j) "County Loan" has the meaning set forth in Paragraph E of the Recitals. (k) "County/PLHA/Measure X Regulatory Agreement" has the meaning set forth in the first paragraph of this County/PLHA/Measure X Regulatory Agreement. (l) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, that encumbers the Property to secure repayment of the County Loan and Borrower's performance of the Loan Documents. (m) "Development" has the meaning set forth in Paragraph E of the Recitals. (n) "Development Regulatory Documents" has the meaning set forth in Section 4.2(a). (o) "Eden" means Eden Housing, Inc., a California nonprofit public benefit corporation. (p) "Extremely Low Income Household" means a household with an Adjusted Income that does not exceed thirty percent (30%) of Median Income, adjusted for Actual Household Size. (q) "Extremely Low Income Rent" means one-twelfth (1/12) of thirty percent (30%) of thirty percent (30%) of Median Income, adjusted for Assumed Household Size. (r) "Extremely Low Income Units" means the Units which, pursuant to Section 2.1(a) below, are required to be occupied by Extremely Low Income Households. (s) "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. (t) "HCD" has the meaning set forth in Paragraph C of the Recitals. (u) "HOME-ARP Funds" has the meaning set forth in Paragraph B of the Recitals. (v) "HOME-ARP Loan" has the meaning set forth in Paragraph F of the Recitals. (w) "HOME-ARP Notice" has the meaning set forth in Paragraph B of the Recitals. (x) "HOME/PLHA/Measure X Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the County Loan, to be recorded against the Property concurrently herewith. 5 863\115\3832933.4 (y) "HOME Term" means the term of the HOME/PLHA/Measure X Regulatory Agreement which commences as of the date of the HOME/PLHA/Measure X Regulatory Agreement, and unless sooner terminated pursuant to the terms of the HOME/PLHA/Measure X Regulatory Agreement, expires on the twenty-first (21st) anniversary of the Permanent Conversion provided, however, if a record of the Permanent Conversion cannot be located or established, the HOME Term will expire on the twenty-third (23rd) anniversary of the HOME/PLHA/Measure X Regulatory Agreement. (z) "Homeless Household" means an individual or a family that is homeless as defined in Section 103(a) of the McKinney-Vento Homeless Assistance Act as amended (42 U.S.C. 11302(a)) and 24 CFR 91.5. (aa) "HUD" has the meaning set forth in Paragraph B of the Recitals. (bb) "Improvements" has the meaning set forth in Paragraph E of the Recitals. (cc) "Investor Limited Partner" means NEF Assignment Corporation, as nominee, an Illinois not-for-profit corporation, and its permitted successors and assigns. (dd) "Loan Agreement" has the meaning set forth in Paragraph F of the Recitals. (ee) "Loan Documents" has the meaning set forth in Paragraph G of the Recitals. (ff) "Low Income Household" means a household with an Adjusted Income that does not exceed eighty percent (80%) of Median Income, adjusted for Actual Household Size. (gg) "Low Income Rent" means one-twelfth (1/12) of thirty percent (30%) of sixty-five percent (65%) of Median Income, adjusted for Assumed Household Size. (hh) "Maintenance Standards" has the meaning set forth in Section 5.6(a). (ii) "Marketing Plan" has the meaning set forth in Section 4.3(a). (jj) "Measure X" has the meaning set forth in Paragraph D of the Recitals. (kk) "Measure X Funds" has the meaning set forth in Paragraph D of the Recitals. (ll) "Measure X Loan" has the meaning set forth in Paragraph F of the Recitals. (mm) "Median Income" means the median gross yearly income, adjusted for Actual Household Size as specified herein, in the County of Contra Costa, California, as published from time to time by HUD. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the County 6 863\115\3832933.4 shall provide Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. (nn) "Operating Budget" has the meaning set forth in Section 2.6(a). (oo) "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. (pp) "PLHA Funds" has the meaning set forth in Paragraph C of the Recitals. (qq) "PLHA Loan" has the meaning set forth in Paragraph F of the Recitals. (rr) "PLHA NOFA" has the meaning set forth in Paragraph C of the Recitals. (ss) "PLHA Funds" has the meaning set forth in Paragraph C of the Recitals. (tt) "PLHA Requirements" has the meaning set forth in Paragraph C of the Recitals. (uu) "PLHA Standard Agreement" has the meaning set forth in Paragraph C of the Recitals. (vv) "PLHA Statute" has the meaning set forth in Paragraph C of the Recitals. (ww) "Permanent Conversion" has the meaning set forth in Section 1.1(www) of the Loan Agreement. (xx) "Property" has the meaning set forth in Paragraph E of the Recitals. (yy) "Rent" means the total monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities; any separately charged fees or service charges assessed by Borrower which are customarily charged in rental housing and required of all Tenants, other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant. (zz) "Rental Subsidy" has the meaning set forth in Section 2.6(a). (aaa) "Subsidy Units" has the meaning set forth in Section 2.6(a). (bbb) "TCAC" has the meaning set forth in Section 2.3. (ccc) "Technology Plan" has the meaning set forth in Section 4.3(c). (ddd) "Tenant" means the tenant household that occupies a Unit in the Development. 7 863\115\3832933.4 (eee) "Tenant Selection Plan" has the meaning set forth in Section 4.3(b). (fff) "Term" means the term of this County/PLHA/Measure X Regulatory Agreement which commences as of the date of this County/PLHA/Measure X Regulatory Agreement, and unless sooner terminated pursuant to the terms of this County/PLHA/Measure X Regulatory Agreement, expires on the fifty-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a record of the Permanent Conversion cannot be located or established, the Term will expire on the fifty-eighth (58th) anniversary of this County/PLHA/Measure X Regulatory Agreement. (ggg) "Transfer" has the meaning set forth in Section 6.1. (hhh) "Unit(s)" means one (1) or more of the units in the Development. (iii) "Very Low Income Household" means a household with an Adjusted Income that does not exceed fifty percent (50%) of Median Income, adjusted for Actual Household Size. (jjj) "Very Low Income Rent" means one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Median Income, adjusted for Assumed Household Size. (kkk) "Very Low Income Units" means the Units which, pursuant to Section 2.1(b) below, are required to be occupied by Very Low Income Households. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) Extremely Low Income Units. During the Term Borrower shall cause thirteen (13) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households. After the expiration of the HOME Term, the Extremely Low Income Units are not required to be occupied by Homeless Households. (b) Very Low Income Units. During the Term Borrower shall cause three (3) Units to be rented to and occupied by or, if vacant, available for occupancy by, Very Low Income Households. After the expiration of the HOME Term, the Very Low Income Units are not required to be occupied by Homeless Households. (c) Intermingling of Units. Borrower shall cause the County-Assisted Units to be intermingled throughout the Development and of comparable quality to all other Units. All Tenants must have equal access to and enjoyment of all common facilities in the Development. The County-Assisted Units must be of the bedroom sizes set forth in the following chart: Extremely Low Income Units Very Low Income Units 8 863\115\3832933.4 One Bedroom 12 3 Three Bedroom 1 0 Total 13 3 (d) Disabled Persons Occupancy. (1) Borrower shall cause the Development to be operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements including, but not limited to the applicable provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements"). (2) Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Borrower's failure to comply with the Accessibility Requirements. This obligation to indemnify survives termination of this County/PLHA/Measure X Regulatory Agreement, repayment of the County Loan and the reconveyance of the Deed of Trust. 2.2 Allowable Rent. (a) Extremely Low Income Rent. Subject to the provisions of Section 2.5 below, the Rent paid by Tenants of Extremely Low Income Units may not exceed the Extremely Low Income Rent. (b) Very Low Income Rent. Subject to the provisions of Section 2.5 below, the Rent paid by Tenants of Very Low Income Units may not exceed the Very Low Income Rent. (c) No Additional Fees. Borrower may not charge any fee, other than Rent, to any Tenant of the County-Assisted Units for any housing or other services provided by Borrower. 2.3 Compliance with TCAC Requirements. During the term of any regulatory agreement associated with the provision of low income housing tax credits by the California Tax Credit Allocation Committee ("TCAC") and recorded against the Property (the "TCAC Regulatory Agreement"), Borrower may use the occupancy standards, occupancy assumptions, income limits, and rent levels that are permitted by TCAC in the TCAC Regulatory Agreement, in place of such requirements imposed by this County/PLHA/Measure X Regulatory Agreement. 2.4 Rent Increases. (a) Rent Amount. The initial Rent for all County-Assisted Units must be approved by the County prior to occupancy. The County will provide Borrower with a schedule 9 863\115\3832933.4 of maximum permissible Rents for the County-Assisted Units and the maximum monthly allowances for utilities and services (excluding telephone) annually. (b) Rent Increases. All Rent increases for all County-Assisted Units are subject to County approval. No later than sixty (60) days prior to the proposed implementation of any Rent increase affecting a County-Assisted Unit, Borrower shall submit to the County a schedule of any proposed increase in the Rent charged for County-Assisted Units. The Rent for such Units may be increased no more than once annually based upon the annual income certification described in Article 3. The County will disapprove a Rent increase if it violates the schedule of maximum permissible Rents for the County-Assisted Units provided to Borrower by the County, or is greater than a 5% increase over the previous year's Rent. Borrower shall give Tenants written notice at least thirty (30) days prior to any Rent increase, following completion of the County approval process set forth above. 2.5 Increased Income of Tenants. (a) Increased Income above Extremely Low Income but below Very Low Income. If, upon the annual certification of the income of a Tenant of an Extremely Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for an Extremely Low Income Household, but not above the qualifying income for a Very Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Extremely Low Income Rent. Borrower shall then rent the next available Unit to an Extremely Low Income Household to comply with the requirements of Section 2.1(a) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(a), or re-designate another comparable Unit in the Development with an Extremely Low Income Household an Extremely Low Income Unit, to comply with the requirements of Section 2.1(a) above. Upon renting the next available Unit in accordance with Section 2.1(a) or re-designating another Unit in the Development as an Extremely Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (b) Increased Income above Very Low Income but below Low Income. If, upon the annual certification of the income of a Tenant of a Very Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Very Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Very Low Income Rent. Borrower shall then rent the next available Unit to a Very Low Income Household to comply with the requirements of Section 2.1(b) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(b), or re-designate another comparable Unit in the Development with a Very Low Income Household a Very Low Income Unit, to comply with the requirements of Section 2.1(b) above. Upon renting the next available Unit in accordance with Section 2.1(b) or re-designating another Unit in the Development as a Very Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (c) Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower may: 10 863\115\3832933.4 (1) With 30 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent, and (2) Rent the next available Unit to an Extremely Low Income Household or Very Low Income Household as applicable, to comply with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable Unit that is occupied by an Extremely Low Income Household or Very Low Income Household as applicable, as a County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.5(c), the Unit with the over-income Tenant will no longer be considered a County- Assisted Unit. (d) Termination of Occupancy. Upon termination of occupancy of a County- Assisted Unit by a Tenant, such Unit will be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating Tenant, until such Unit is reoccupied, at which time categorization of the Unit will be established based on the occupancy requirements of Section 2.1. 2.6 Loss of Subsidy. (a) It is anticipated that certain 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 Approved Development Budget. Notwithstanding Section 2.4(b), if any change in federal law occurs, or any action (or inaction) by Congress or any federal or State 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 County-Assisted Units that overlap with a Subsidy Unit, to the Low Income 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 pursuant to Section 4.3 of the Loan Agreement, showing the impact of the loss or reduction of the Rental Subsidy (the "Operating Budget"); (2) The number of County-Assisted Units subject to the Rent increase and the level of 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; and (3) Borrower shall use good faith efforts to ensure that the Tenants whose Rents are increased to the Low Income Rent have the highest incomes of the Tenants occupying the County-Assisted Units. (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 11 863\115\3832933.4 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 County-Assisted Units to be reduced back to the Rents set out in Section 2.2. Upon receipt of any alternative rental subsidies, Borrower shall reduce the rents on the County-Assisted Units back to the Rents set out in Section 2.2, 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. ARTICLE 3 INCOME CERTIFICATION; REPORTING; RECORDS 3.1 Income Certification. Borrower shall obtain, complete, and maintain on file, within sixty (60) days before expected occupancy and annually thereafter, income certifications from each Tenant renting any of the County-Assisted Units. Borrower shall make a good faith effort to verify the accuracy of the income provided by the applicant or occupying household, as the case may be, in an income certification. To verify the information, Borrower shall take two or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv) obtain an income verification form from the applicant's current employer; (v) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (vi) if the applicant is unemployed and does not have a tax return, obtain another form of independent verification. Where applicable, Borrower shall examine at least two (2) months of relevant source documentation. Copies of Tenant income certifications are to be available to the County upon request. 3.2 Reporting Requirements. (a) Borrower shall submit to the County within one hundred eighty (180) days after the Completion Date, and not later than ninety (90) days after the close of each calendar year, or such other date as may be requested by the County, a report that includes the following data for each Unit and specifically identifies which Units are County-Assisted Units: (i) Tenant income, (ii) the number of occupants, (iii) the Rent, (iv) the number of bedrooms, and (v) the initial address of each Tenant. To demonstrate continued compliance with Section 2.1 Borrower shall cause each annual report after the initial report to include a record of any subsequent Tenant substitutions and any vacancies in County-Assisted Units that have been filled. (b) Borrower shall submit to the County within forty-five (45) days after receipt of a written request, or such other time agreed to by the County, any other information or completed forms requested by the County in order to comply with reporting requirements of HUD, the State of California, HCD, and the County. 12 863\115\3832933.4 3.3 Tenant Records. Borrower shall maintain complete, accurate and current records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Development are to be at all times: (i) separate and identifiable from any other business of Borrower, (ii) maintained as required by the County, in a reasonable condition for proper audit, and (iii) subject to examination during business hours by representatives of the County. Borrower shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. The County may examine and make copies of all books, records or other documents of Borrower that pertain to the Development. 3.4 Development Records. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 6.11 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Development. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of the Loan Documents to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this County/PLHA/Measure X Regulatory Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, HCD, the County, its 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 at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve such records (including the records required under the HOME/PLHA/Measure X Regulatory Agreement) for a period of not less than five (5) years after their creation in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the County Loan is pending at the end of the record retention period stated herein, then Borrower shall retain the records until such action and all related issues are resolved. Borrower shall cause the records to include all invoices, receipts, and other documents related to expenditures from the County Loan funds. Borrower shall cause records to be accurate and current and in a form that allows the County to comply with the record keeping requirements contained in 24 C.F.R. 92.508. Such records are to include but are not limited to: (i) Records providing a full description of the activities undertaken with the use of the County Loan funds; (ii) Records demonstrating compliance with the maintenance requirements set forth in Section 5.6; (iii) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (iv) Financial records; (v) Records demonstrating compliance with the PLHA Requirements; and 13 863\115\3832933.4 (vi) Records demonstrating compliance with the marketing, tenant selection, affordability, and income requirements. (b) The County shall notify Borrower of any records it deems insufficient. Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. ARTICLE 4 OPERATION OF THE DEVELOPMENT 4.1 Residential Use. Borrower shall operate the Development for residential use only. No part of the Development may be operated as transient housing. 4.2 Compliance with Loan Documents and Regulatory Requirements. (a) Borrower's actions with respect to the Property shall at all times be in full conformity with: (i) all requirements of the Loan Documents; (ii) all requirements imposed on projects assisted with PLHA Funds as contained in the PLHA Requirements; (iii) all requirements imposed on projects assisted with Measure X Funds; and (iv) any other regulatory requirements imposed on the Development including but not limited to regulatory agreements associated with the Low Income Housing Tax Credits provided by TCAC, regulatory agreements associated with financing and subsidies provided by the City and HCD, and rental subsidies provided to the Development (the "Development Regulatory Documents"). (b) Borrower shall promptly notify the County in writing of the existence of any default under any Development Regulatory Documents, and provide the County copies of any such notice of default. 4.3 Marketing Plan; Tenant Selection Plan, Technology Plan. (a) Marketing Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for marketing the Development to income-eligible households as required by this County/PLHA/Measure X Regulatory Agreement (the "Marketing Plan"). The Marketing Plan must include information on affirmative marketing efforts and compliance with fair housing laws and 24 C.F.R. 92.351(a). (2) Upon receipt of the Marketing Plan, the County will promptly review the Marketing Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Marketing Plan until the Marketing Plan is approved by the County. 14 863\115\3832933.4 If the Borrower does not submit a revised Marketing Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this County/PLHA/Measure X Regulatory Agreement. (b) Tenant Selection Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County, for its review and approval, Borrower's written tenant selection plan (the "Tenant Selection Plan"). Borrower's Tenant Selection Plan must, at a minimum, meet the requirements for tenant selection set out in 24 C.F.R. 92.253(d) and Section VI.B.20.a of the HOME-ARP Notice, and any modifications thereto. (2) Upon receipt of the Tenant Selection Plan, the County will promptly review the Tenant Selection Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Tenant Selection Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Tenant Selection Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Tenant Selection Plan until the Tenant Selection Plan is approved by the County. If the Borrower does not submit a revised Tenant Selection Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this County/PLHA/Measure X Regulatory Agreement. (c) Technology Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County, for its review and approval, Borrower's written plan describing the broadband services at the Development (the "Technology Plan"). Broadband means: cables, fiber optics, wiring, or other permanent (integral to the structure) infrastructure, including wireless infrastructure, that is capable of providing access to internet connections in individual housing units. (2) Upon receipt of the Technology Plan, the County will promptly review the Technology Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Technology Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Technology Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Technology Plan until the Technology Plan is approved by the County. If the Borrower does not submit a revised Technology Plan that is approved by the County at least three (3) months prior to the date rehabilitation of the Development is projected to be complete, Borrower will be in default of this County/PLHA/Measure X Regulatory Agreement. 4.4 Lease Provisions. (a) No later than four (4) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When 15 863\115\3832933.4 leasing Units within the Development, Borrower shall use the form of lease approved by the County. The form of lease must comply with all requirements of this County/PLHA/Measure X Regulatory Agreement, the other Loan Documents and must, among other matters: (1) provide for termination of the lease for failure to: (i) provide any information required under this County/PLHA/Measure X Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this County/PLHA/Measure X Regulatory Agreement, or (ii) qualify as an Extremely Low Income Household or a Very Low Income Household as applicable, as a result of any material misrepresentation made by such Tenant with respect to the income computation; (2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and (3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit. (b) During the Term, Borrower shall comply with the Marketing Plan and Tenant Selection Plan approved by the County. (c) Any termination of a lease or refusal to renew a lease for a County- Assisted Unit within the Development must be preceded by not less than thirty (30) days written notice to the Tenant by Borrower specifying the grounds for the action. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. Borrower is responsible for all management functions with respect to the Development, including without limitation the selection of Tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County has no responsibility for management of the Development. Borrower shall retain a professional property management company approved by the County in its reasonable discretion to perform Borrower's management duties hereunder. An on-site property management representative is required to reside at the Property. 5.2 Management Agent. Borrower shall cause the Development to be managed by an experienced management agent reasonably acceptable to the County, with a demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (the "Management Agent"). The County has approved Eden Housing Management, Inc. as the Management Agent. Borrower shall submit for the County's approval 16 863\115\3832933.4 the identity of any proposed subsequent management agent. Borrower shall also submit such additional information about the background, experience and financial condition of any proposed management agent as is reasonably necessary for the County to determine whether the proposed management agent meets the standard for a qualified management agent set forth above. If the proposed management agent meets the standard for a qualified management agent set forth above, the County shall approve the proposed management agent by notifying Borrower in writing. Unless the proposed management agent is disapproved by the County within thirty (30) days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Periodic Performance Review. The County reserves the right to conduct an annual (or more frequently, if deemed necessary by the County) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable the County to determine if the Development is being operated and managed in accordance with the requirements and standards of this County/PLHA/Measure X Regulatory Agreement. Borrower shall cooperate with the County in such reviews. 5.4 Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this County/PLHA/Measure X Regulatory Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this County/PLHA/Measure X Regulatory Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.6 below. 5.5 Approval of Management Policies. Borrower shall submit its written management policies with respect to the Development to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this County/PLHA/Measure X Regulatory Agreement. 5.6 Property Maintenance. 17 863\115\3832933.4 (a) Borrower shall maintain, for the entire Term of this County/PLHA/Measure X Regulatory Agreement, all interior and exterior improvements, including landscaping: (i) in decent, safe and sanitary condition, (ii) in good condition and repair, and (iii) free of all health and safety defects. Such maintenance must be in accordance with (y) all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials; and (z) any other standards provided by the County (collectively, the "Maintenance Standards"). Borrower shall correct any life-threatening maintenance deficiencies, including those set forth in the Maintenance Standards, immediately upon notification. (b) At the beginning of each year of the Term, Borrower shall certify to the County that the Development is in compliance with the Maintenance Standards. 5.7 Property Inspections. (a) On-Site Physical Inspections. The County will perform on-site inspections of the Development during the Term to ensure compliance with the Maintenance Standards. The County will perform an on-site inspection within twelve months after completion of construction of the Development and at least once every three (3) years during the Term. If the Development is found to have health and safety violations, the County may perform more frequent inspections. Borrower shall cooperate in such inspections. (b) Violation of Maintenance Standards. If after an inspection, the County determines that Borrower is in violation of the Maintenance Standards, the County will provide Borrower a written report of the violations. Borrower shall correct the violations set forth in the report provided to Borrower by County. The County will perform a follow-up inspection to verify that the violations have been corrected. If such violations continue for a period of ten (10) days after delivery of the report to Borrower by the County with respect to graffiti, debris, waste material, and general maintenance, or thirty (30) days after delivery of the report to Borrower by the County with respect to landscaping and building improvements, then the County, in addition to whatever other remedy it may have at law or in equity, has the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the violation. Pursuant to such right of entry, the County is permitted (but is not required) to enter upon the Property and to perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the County and/or costs of such cure, which amount Borrower shall promptly pay to the County upon demand. ARTICLE 6 MISCELLANEOUS 6.1 Transfers. 18 863\115\3832933.4 (a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the Loan Documents; and/or (ii) any interest in the Development, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a land contract by which possession of the Development is transferred and Borrower retains title. The term "Transfer" excludes the leasing of any single unit in the Development to an occupant in compliance with this County/PLHA/Measure X Regulatory Agreement. The County Director – Department of Conservation and Development is authorized to execute assignment and assumption agreements on behalf of the County to implement any approved Transfer. (b) Except as otherwise permitted in this Section 6.1, no Transfer is permitted without the prior written consent of the County, which the County may withhold in its sole discretion. The County Loan will automatically accelerate and be due in full upon any Transfer made without the prior written consent of the County. (c) The County hereby approves the admission of the Investor Limited Partner 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 Investor Limited Partner capital contributions provided for in the Partnership Agreement; and (ii) in subsequent Transfers, the Investor 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. (d) The County hereby approves a Transfer of the Property from Borrower to CHDC or Eden, or an affiliate of CHDC or Eden, and an assumption of the County Loan by such transferee at or prior to the end of the Fifteen Year Compliance Period, provided that: (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, (ii) the assignment and assumption agreement evidencing such Transfer requires the transferee to expressly assume the obligations of Borrower under the Loan Documents, and (iii) the County is provided executed copies of all documents evidencing the Transfer. (e) The County hereby approves the purchase of the Investor Limited Partner interest by CHDC or Eden, or an affiliate of CHDC or Eden at or prior to the end of the Fifteen Year Compliance Period, provided that (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, and (ii) the County is provided executed copies of all documents evidencing the Transfer. (f) In the event the general partner of Borrower is removed by the limited partner of Borrower for cause following default under the Partnership Agreement, the County hereby approves the Transfer of the general partner interest to (i) a 501(c)(3) tax exempt nonprofit corporation or other entity with a 501(c)(3) tax exempt nonprofit corporation member or partner, that is selected by the Investor Limited Partner and approved by the County, and (ii) the Investor Limited Partner or an affiliate thereof, but only for a period not to exceed ninety (90) days from the date of removal of the general partner, during which time such entity shall diligently seek a replacement general partner meeting the requirements of subsection (i) above. 19 863\115\3832933.4 (g) The County hereby approves the grant of the security interests in the Development for Approved Financing as such term is defined in Section 1.1(g) of the Loan Agreement. 6.2 Nondiscrimination. (a) All of the Units must be available for occupancy on a continuous basis to members of the general public who are income eligible. Borrower may not give preference to any particular class or group of persons in renting or selling the Units, except to the extent that the Units are required to be leased to income eligible households or veterans pursuant to this County/PLHA/Measure X Regulatory Agreement, the HOME/PLHA/Measure X Regulatory Agreement, or any Development Regulatory Document. Borrower herein covenants by and for Borrower, assigns, and all persons claiming under or through Borrower, that there exist no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), ancestry, age, familial status (except for lawful senior housing in accordance with state and federal law), or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any unit nor will Borrower or any person claiming under or through Borrower, 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, sublessees, subtenants, or vendees of any unit or in connection with the employment of persons for the construction, operation and management of any unit. (b) Borrower shall accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Tenants. 6.3 Application of Provisions. The provisions of this County/PLHA/Measure X Regulatory Agreement apply to the Property for the entire Term even if the County Loan is paid in full prior to the end of the Term. This County/PLHA/Measure X Regulatory Agreement binds any successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County is making the County Loan on the condition, and in consideration of, this provision, and would not do so otherwise. 6.4 Notice of Expiration of Term. (a) At least six (6) months prior to the expiration of the Term, Borrower shall provide by first-class mail, postage prepaid, a notice to all Tenants containing (i) the anticipated date of the expiration of the Term, (ii) any anticipated increase in Rent upon the expiration of the Term, (iii) a statement that a copy of such notice will be sent to the County, and (iv) a statement that a public hearing may be held by the County on the issue and that the Tenant will receive 20 863\115\3832933.4 notice of the hearing at least fifteen (15) days in advance of any such hearing. Borrower shall also file a copy of the above-described notice with the County Assistant Deputy Director, Department of Conservation and Development. (b) In addition to the notice required above, Borrower shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iii) a notice of an offer to purchase the Development to "qualified entities" (as defined in California Government Code Section 65863.11(d)), if the Development is to be sold within five (5) years of the end of the Term; (iv) a notice of right of first refusal within the one hundred eighty (180) day period that qualified entities may purchase the Development. 6.5 Covenants to Run With the Land. The County and Borrower hereby declare their express intent that the covenants and restrictions set forth in this County/PLHA/Measure X Regulatory Agreement run with the land, and bind all successors in title to the Property, provided, however, that on the expiration of the Term said covenants and restrictions expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, is to be held conclusively to have been executed, delivered and accepted subject to the covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this County/PLHA/Measure X Regulatory Agreement. 6.6 Enforcement by the County. (a) If Borrower fails to perform any obligation under this County/PLHA/Measure X Regulatory Agreement, and fails to cure the default within thirty (30) days after the County has notified Borrower in writing of the default, the County may enforce this County/PLHA/Measure X Regulatory Agreement by any or all of the following actions, or any other remedy provided by law: (1) Calling the County Loan. The County may declare a default under the Loan Documents, accelerate the indebtedness evidenced by the Loan Documents, and proceed with foreclosure under the Deed of Trust. (2) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel Borrower's performance of its obligations under this County/PLHA/Measure X Regulatory Agreement, and may seek damages. (3) Remedies Provided Under Loan Documents. The County may exercise any other remedy provided under the Loan Documents. (b) The County shall provide notice of a default to the Investor Limited Partner and any limited partner of Borrower who has requested written notice from the County in the manner set forth in Section 6.5 of the Loan Agreement, and the Investor Limited Partner shall 21 863\115\3832933.4 have the right, but not the obligation, to cure any default under this County/PLHA/Measure X Regulatory Agreement and the County shall accept such cure on behalf of the Borrower. 6.7 Recording and Filing. The County and Borrower shall cause this County/PLHA/Measure X Regulatory Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.8 Governing Law. This County/PLHA/Measure X Regulatory Agreement is governed by the laws of the State of California. 6.9 Waiver of Requirements. Any of the requirements of this County/PLHA/Measure X Regulatory Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this County/PLHA/Measure X Regulatory Agreement extends to or affects any other provision of this County/PLHA/Measure X Regulatory Agreement, and may not be deemed to do so. 6.10 Amendments. This County/PLHA/Measure X Regulatory Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title that is duly recorded in the official records of the County of Contra Costa. 6.11 Notices. Any notice requirement set forth herein will be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Assistant Deputy Director Borrower: Legacy Court, LP c/o Eden Housing, Inc. 22645 Grand St. Hayward, CA 94541 Attention: Executive Director And c/o Community Housing Development Corporation of North Richmond 1535 Fred Jackson Way, Suite A Richmond, CA 94801 Attention: Executive Director 22 863\115\3832933.4 Investor Limited Partner: NEF Assignment Corporation c/o National Equity Fund, Inc. 10 South Riverside Plaza, Suite 1700 Chicago, Illinois 60606 Attention: Asset Management With a copy to: Craig A. Emden, Esq. Bocarsly Emden Cowan Esmail & Arndt LLP 633 West Fifth Street, Suite 5880 Los Angeles, California 90071 Tel: (301) 634-0500; Fax: (213) 559-0747 Email: cemden@bocarsly.com Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.12 Severability. If any provision of this County/PLHA/Measure X Regulatory Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this County/PLHA/Measure X Regulatory Agreement will not in any way be affected or impaired thereby. 6.13 Multiple Originals; Counterparts. This County/PLHA/Measure X Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 6.14 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the Property, this County/PLHA/Measure X Regulatory Agreement will revive according to its original terms if, during the Term, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the Development or Property. 6.15 HOME/PLHA/Measure X Regulatory Agreement. The County and Borrower are entering into this County/PLHA/Measure X Regulatory Agreement concurrently with the HOME/PLHA/Measure X Regulatory Agreement. This County/PLHA/Measure X Regulatory Agreement applies to all the County-Assisted Units including the HOME-Assisted Units. The HOME/PLHA/Measure X Regulatory Agreement includes HOME requirements applicable to the use of HOME Funds and will be in effect for the HOME Term. Compliance with the terms of the HOME/PLHA/Measure X Regulatory Agreement will be deemed compliance with this County/PLHA/Measure X Regulatory Agreement during the HOME Term. In the event of a conflict between the HOME/PLHA/Measure X Regulatory Agreement and this County/PLHA/Measure X Regulatory Agreement during the HOME Term, the terms of the HOME/PLHA/Measure X Regulatory Agreement will prevail. 23 863\115\3832933.4 [remainder of page intentionally left blank] S-1 Signature page County/PLHA/ Measure X Regulatory Agreement 863\115\3832933.4 WHEREAS, this County/PLHA/Measure X Regulatory Agreement has been entered into by the undersigned as of the date first written above. 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 [signatures continue on following page] S-2 Signature page County/PLHA/ Measure X Regulatory Agreement 863\115\3832933.4 BORROWER: Legacy Court, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:___________________________________________ Donald Gilmore, Executive Director 863\115\3832933.4 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\115\3832933.4 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\115\3832933.4 EXHIBIT A Legal Description The land referred to is situated in the County of Contra Costa, City of Richmond, State of California, and is described as follows: 1 863\115\3833199.4 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 Section 27383 and 27388.1 __________________________________________________________________________ HOME/PLHA/MEASURE X REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Legacy Court) This HOME/PLHA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants (the "HOME/PLHA/Measure X Regulatory Agreement") is dated October ____, 2024 and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Legacy Court, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this HOME/PLHA/Measure X Regulatory Agreement. B. The County has received Home Investment Partnerships Act funds (the "HOME- ARP Funds") from the United States Department of Housing and Urban Development ("HUD") pursuant to title II of the Cranston-Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12705 et seq.), as modified by Section 3205 of the American Rescue Plan Act of 2021(P.L. 117-2). The HOME-ARP Funds must be used by the County in accordance with 24 C.F.R. Part 92 (the "HOME Regulations"), as modified by HUD Notice CPD-21-10 issued on September 13, 2021 (the "HOME-ARP Notice"). The HOME-ARP funds must be used to benefit certain qualifying individuals and families including those that are homeless and at risk of homelessness as defined in the HOME-ARP Notice. C. The County has received Permanent Local Housing Allocation funds ("PLHA Funds") from the California Department of Housing and Community Development ("HCD"), pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins) (the "PLHA Statute"), a Notice of Funding Availability issued by HCD, dated February 26, 2020 (the "PLHA NOFA"), and Standard Agreement Number 21-PLHA-17157 between the County and HCD as amended (the "PLHA Standard Agreement"). The PLHA Funds must be used by the County in accordance with the PLHA Statute, the PLHA NOFA, the PLHA Standard Agreement, and the PLHA Guidelines issued by HCD dated October 2019 (collectively, the "PLHA Requirements"). 2 863\115\3833199.4 D. On November 3, 2020, the voters of Contra Costa County approved a countywide 20-year, ½ cent sales tax ("Measure X"). On November 16, 2021 the County board of supervisors approved the Measure X Housing Fund to support the construction of affordable housing in the County for persons earning less than 50% of area median income and persons at risk of homelessness (the "Measure X Funds"). E. Borrower acquired from Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation ("CHDC") that certain real property described as Parcels A, B, and C as shown on Parcel Maps MS______-24, Filed _________,2024 in Book________ of Parcel Maps, Page _________ located at Fred Jackson Way between Willard Avenue and Duboce Avenue, City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to construct forty-three (43) housing units on the Property, forty-two (42) of which are for rental to extremely low, very low-, and low-income households, and one (1) manager's unit (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". F. Pursuant to a Development Loan Agreement of even date herewith between the County and Borrower (the "Loan Agreement"), the County is lending Borrower Four Million Three Hundred Eighty-Two Thousand Forty-Seven Dollars ($4,382,047) in HOME-ARP Funds (the "HOME-ARP Loan"), One Million Dollars ($1,000,000) in PLHA Funds (the "PLHA Loan"), and One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000) in Measure X Funds (the "Measure X Loan") for a total loan amount of Six Million Eight Hundred Three Thousand Forty-Seven Dollars ($6,803,047) (the "County Loan") to assist in the construction of the Development. G. In addition to this HOME/PLHA/Measure X Regulatory Agreement and the Loan Agreement, the County Loan is evidenced and secured by the following documents: (i) a deed of trust with assignment of rents, security agreement, and fixture filing of even date herewith, among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary; (ii) an intercreditor and subordination agreement of even date herewith among the City, the County, and Borrower; (iii) a promissory note executed by Borrower of even date herewith in the amount of the HOME-ARP Loan; (iv) a promissory note executed by Borrower of even date herewith in the amount of the PLHA Loan; (v) a promissory note executed by Borrower of even date herewith in the amount of the Measure X Loan; and (vi) the County/PLHA/Measure X Regulatory Agreement, executed by Borrower of even date herewith, (collectively, the "Loan Documents"). The Loan Documents are described in more detail in the Loan Agreement. H. The County has the authority to lend the County Loan to Borrower pursuant to Government Code Section 26227, which authorizes counties to spend county funds for programs that will further a county's public purposes. In addition, the County has the authority to loan the HOME-ARP Funds pursuant to 24 C.F.R. 92.205 and the HOME-ARP Notice. I. The County has agreed to make the County Loan on the condition that Borrower maintain and operate the Development in accordance with restrictions set forth in this HOME/PLHA/Measure X Regulatory Agreement and the County/PLHA/Measure X Regulatory 3 863\115\3833199.4 Agreement, and in the related documents evidencing the County Loan. Sixteen (16) of the Units are restricted by the County pursuant to this HOME/PLHA/Measure X Regulatory Agreement. J. This HOME/PLHA/Measure X Regulatory Agreement will be in effect for the HOME Term. The County/PLHA/Measure X Regulatory Agreement as it applies to the HOME- ARP-Assisted Units will be in effect for fifty-five (55) years from the Permanent Conversion which term overlaps with but is longer than the HOME Term. Pursuant to Section 6.15 below, compliance with the terms of this HOME/PLHA/Measure X Regulatory Agreement will be deemed compliance with the County/PLHA/Measure X Regulatory Agreement during the HOME Term with respect to the HOME-ARP-Assisted Units. K. In consideration of receipt of the County Loan at an interest rate substantially below the market rate, Borrower agrees to observe all the terms and conditions set forth below. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS 1.1 Definitions. The following terms have the following meanings: (a) "Accessibility Requirements" has the meaning set forth in Section 2.1(d). (b) "Actual Household Size" means the actual number of persons in the applicable household. (c) "Adjusted Income" means with respect to the Tenant of each County- Assisted Unit, the Tenant’s total anticipated annual income as defined in 24 CFR 5.609 and as calculated pursuant to 24 CFR 5.611, and as further referenced in 24 CFR 92.203(b)(1). (d) "Assumed Household Size" means the household size "adjusted for family size appropriate to the unit" as such term is defined in Health & Safety Code Section 50052.5(h), used to calculate Rent, provided that if a different calculation is required by the HOME-ARP Notice, such calculation must be used for the HOME-ARP-Assisted Units. (e) "CHDC" has the meaning set forth in Paragraph E of the Recitals. (f) "City" means the City of Richmond, a municipal corporation. (g) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (h) "County-Assisted Units" means the HOME-ARP-Assisted Units together 4 863\115\3833199.4 with the Measure X-Assisted Units, and the PLHA-Assisted Units. (i) "County Loan" has the meaning set forth in Paragraph F of the Recitals. (j) "County/PLHA/Measure X Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the County Loan, to be recorded against the Property concurrently herewith. (k) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, that encumbers the Property to secure repayment of the County Loan and Borrower's performance of the Loan Documents. (l) "Development" has the meaning set forth in Paragraph E of the Recitals. (m) "Development Regulatory Documents" has the meaning set forth in Section 4.2(a). (n) "Eden" means Eden Housing, Inc., a California nonprofit public benefit corporation. (o) "Extremely Low Income Household" means a household with an Adjusted Income that does not exceed thirty percent (30%) of Median Income, adjusted for Actual Household Size. (p) "Extremely Low Income Rent" means one-twelfth (1/12) of thirty percent (30%) of thirty percent (30%) of Median Income, adjusted for Assumed Household Size. (q) "Extremely Low Income Units" means the Units which, pursuant to Section 2.1(b) below, are required to be occupied by Extremely Low Income Households. (r) "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. (s) "HCD" has the meaning set forth in Paragraph C of the Recitals. (t) "High HOME Rent" means a monthly Rent that does not exceed the maximum rent published by HUD for a Low Income Household for the applicable bedroom size as set forth in 24 C.F.R. 92.252(a). (u) "HOME-ARP-Assisted Units" means the eight (8) Units to be constructed on the Property that are (i) restricted to occupancy by Homeless Households in compliance with Section 2.1(a) below, and (ii) are "floating" Units as defined in 24 C.F.R. 92.252(j). (v) "HOME-ARP Funds" has the meaning set forth in Paragraph B of the Recitals. 5 863\115\3833199.4 (w) "HOME-ARP Loan" has the meaning set forth in Paragraph F of the Recitals. (x) "HOME-ARP Notice" has the meaning set forth in Paragraph B of the Recitals. (y) "HOME/PLHA/Measure X Regulatory Agreement" has the meaning set forth in the first paragraph of this HOME/PLHA/Measure X Regulatory Agreement. (z) "HOME Regulations" has the meaning set forth in Paragraph B of the Recitals. (a) "HOME Requirements" means the HOME Regulations together with the HOME-ARP Notice. (aa) "HOME Term" means the term of this HOME/PLHA/Measure X Regulatory Agreement which commences as of the date of this HOME/PLHA/Measure X Regulatory Agreement, and unless sooner terminated pursuant to the terms of this HOME/PLHA/Measure X Regulatory Agreement, expires on the twenty-first (21st) anniversary of the Permanent Conversion; provided, however, if a record of the Permanent Conversion cannot be located or established, the HOME Term will expire on the twenty-third (23rd) anniversary of this HOME/PLHA/Measure X Regulatory Agreement. (bb) "Homeless Household" means an individual or a family that is homeless as defined in Section 103(a) of the McKinney-Vento Homeless Assistance Act as amended (42 U.S.C. 11302(a)) and 24 CFR 91.5. (cc) "Homeless Units" means the Units which, pursuant to Section 2.1(a) below, are required to be occupied by Homeless Households. (dd) "HUD" has the meaning set forth in Paragraph B of the Recitals. (ee) "Improvements" has the meaning set forth in Paragraph E of the Recitals. (ff) "Investor Limited Partner" means NEF Assignment Corporation, as nominee, an Illinois not-for-profit corporation, and its permitted successors and assigns. (gg) "Loan Agreement" has the meaning set forth in Paragraph F of the Recitals. (hh) "Loan Documents" has the meaning set forth in Paragraph G of the Recitals. (ii) "Low Income Household" means a household (i) with an Adjusted Income that does not exceed eighty percent (80%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low 6 863\115\3833199.4 family incomes, as such definition may be amended pursuant to 24 C.F.R. Section 92.2, and (ii) that is not an individual student not eligible to receive Section 8 assistance under 24 C.F.R. 5.612. (jj) "Maintenance Standards" has the meaning set forth in Section 5.6 (a). (kk) "Marketing Plan" has the meaning set forth in Section 4.3(a). (ll) "Measure X" has the meaning set forth in Paragraph D of the Recitals. (mm) "Measure X-Assisted Units" means the three (3) Units to be constructed on the Property that are restricted to occupancy by Extremely Low Income Households in compliance with Section 2.1 below. (nn) "Measure X Funds" has the meaning set forth in Paragraph D of the Recitals. (oo) "Measure X Loan" has the meaning set forth in Paragraph F of the Recitals. (pp) "Median Income" means the median gross yearly income, adjusted for Actual Household Size as specified herein, in the County of Contra Costa, California, as published from time to time by HUD. In the event that such income determinations are no longer published or are not updated for a period of at least eighteen (18) months, the County shall provide Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. (qq) "Operating Budget" has the meaning set forth in Section 2.5(a). (rr) "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. (ss) "PLHA-Assisted Units" means the five (5) Units to be constructed on the Property that are restricted to occupancy by Extremely Low Income Households and Very Low Income Households in compliance with Section 2.1 below. (tt) "PLHA Funds" has the meaning set forth in Paragraph C of the Recitals. (uu) "PLHA Loan" has the meaning set forth in Paragraph F of the Recitals. (vv) "PLHA NOFA" has the meaning set forth in Paragraph C of the Recitals. (ww) "PLHA Requirements" has the meaning set forth in Paragraph C of the Recitals. (xx) "PLHA Standard Agreement" has the meaning set forth in Paragraph C of the Recitals. 7 863\115\3833199.4 (yy) "PLHA Statute" has the meaning set forth in Paragraph C of the Recitals. (zz) "Permanent Conversion" has the meaning set forth in Section 1.1(www) of the Loan Agreement. (aaa) "Property" has the meaning set forth in Paragraph E of the Recitals. (bbb) "Rent" means the total monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities; any separately charged fees or service charges assessed by Borrower which are customarily charged in rental housing and required of all Tenants (subject to the limitations set forth in 24 C.F.R. 92.214(b)(3)), other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Borrower, and paid by the Tenant. (ccc) "Rental Subsidy" has the meaning set forth in Section 2.5(a). (ddd) "Subsidy Units" has the meaning set forth in Section 2.5(a). (eee) "Technology Plan" has the meaning set forth in Section 4.3(c). (fff) "Tenant" means the tenant household that occupies a Unit in the Development. (ggg) "Tenant Selection Plan" has the meaning set forth in Section 4.3(b). (hhh) "Transfer" has the meaning set forth in Section 6.1. (iii) "Unit(s)" means one (1) or more of the units in the Development. (jjj) "Very Low Income Household" means a household (i) with an Adjusted Income that does not exceed fifty percent (50%) of Median Income, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of Median Income on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes as set forth in 24 C.F.R. Section 92.2, and (ii) that is not an individual student not eligible to receive Section 8 assistance under 24 C.F.R. 5.612. (kkk) "Very Low Income Rent" means one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Median Income, adjusted for Assumed Household Size. (lll) "Very Low Income Units" means the Units which, pursuant to Section 2.1(c) below, are required to be occupied by Very Low Income Households. 8 863\115\3833199.4 ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS 2.1 Occupancy Requirements. (a) Homeless Units. During the HOME Term Borrower shall cause eight (8) Units to be rented to and occupied by or, if vacant, available for occupancy by, Homeless Households, all of which units are considered HOME-ARP-Assisted Units. Referrals to all HOME-ARP-Assisted Units to be occupied by Homeless Households must be made through the County's Coordinated Entry System. (b) Extremely Low Income Units. During the HOME Term Borrower shall cause five (5) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households, three (3) of which units are considered Measure X-Assisted Units and two (2) of which units are considered PLHA-Assisted Units. (c) Very Low Income Units. During the HOME Term Borrower shall cause three (3) Units to be rented to and occupied by or, if vacant, available for occupancy by, Very Low Income Households, all of which Units are considered PLHA-Assisted Units. (d) Intermingling of Units. Borrower shall cause the County-Assisted Units to be intermingled throughout the Development and of comparable quality to all other Units. All Tenants must have equal access to and enjoyment of all common facilities in the Development. The County-Assisted Units must be of the bedroom sizes set forth in the following chart: Homeless Units Extremely Low Income Units Very Low Income Units One Bedroom 8 (HOME-ARP Assisted) 3 (Measure X- Assisted) 1 (PLHA-Assisted) 3 (PLHA-Assisted) Three Bedroom 1 (PLHA-Assisted) Total 8 5 3 (e) Disabled Persons Occupancy. (1) Borrower shall cause the Development to be operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements including, but not limited to the applicable provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements"). 9 863\115\3833199.4 (2) Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Borrower's failure to comply with the Accessibility Requirements. This obligation to indemnify survives termination of this HOME/PLHA/Measure X Regulatory Agreement, repayment of the County Loan and the reconveyance of the Deed of Trust. (f) HOME-ARP-Assisted Unit Compliance Deadline. Each HOME-ARP- Assisted Unit must be rented to and occupied by a Homeless Household pursuant to Section 2.1(a) above on or before the date that occurs twelve (12) months after the Completion Date. If Borrower fails to comply with this requirement, Borrower shall repay a portion of the County Loan, with interest, in accordance with Section 2.8(c) of the Loan Agreement. 2.2 Allowable Rent. (a) Homeless Rent. Subject to the provisions of Section 2.4 below, the Rent paid by Tenants of the Homeless Units may not exceed thirty percent (30%) of their Adjusted Income, but in no event may it exceed the Very Low Income Rent. (b) Extremely Low Income Rent. Subject to the provisions of Section 2.4 below, the Rent paid by Tenants of the Extremely Low Income Units may not exceed the Extremely Low Income Rent. (c) Very Low Income Rent. Subject to the provisions of Section 2.4 below, the Rent paid by Tenants of the Very Low Income Units may not exceed the Very Low Income Rent. (d) No Additional Fees. Borrower may not charge any fee, other than Rent, to any Tenant of the County-Assisted Units for any housing or other services provided by Borrower. 2.3 Rent Increases. (a) Rent Amount. The initial Rent for all County-Assisted Units must be approved by the County prior to occupancy. The County will provide Borrower with a schedule of maximum permissible Rents for the County-Assisted Units and the maximum monthly allowances for utilities and services (excluding telephone) annually. The method of calculation of utility allowances will be determined by mutual agreement of the County and Borrower, using one of the methodologies permitted by the HOME Requirements. (b) Rent Increases. All Rent increases for all County-Assisted Units are subject to County approval. No later than sixty (60) days prior to the proposed implementation of any Rent increase affecting a County-Assisted Unit, Borrower shall submit to the County a schedule of any proposed increase in the Rent charged for County-Assisted Units. The Rent for such Units may be increased no more than once annually based upon the annual income certification described in Article 3. The County will disapprove a Rent increase if it violates the schedule of maximum permissible Rents for the County-Assisted Units provided to Borrower by 10 863\115\3833199.4 the County, or is greater than a 5% increase over the previous year's Rent. Borrower shall give Tenants written notice at least thirty (30) days prior to any Rent increase, following completion of the County approval process set forth above. 2.4 Increased Income of Tenants. (a) Increased Income above Extremely Low Income but below Very Low Income. If, upon the annual certification of the income of a Tenant of an Extremely Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for an Extremely Low Income Household, but not above the qualifying income for a Very Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Extremely Low Income Rent. Borrower shall then rent the next available Unit to an Extremely Low Income Household to comply with the requirements of Section 2.1(b) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(b), or re-designate another comparable Unit in the Development with an Extremely Low Income Household an Extremely Low Income Unit, to comply with the requirements of Section 2.1(b) above. Upon renting the next available Unit in accordance with Section 2.1(b) or re-designating another Unit in the Development as an Extremely Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (b) Increased Income above Very Low Income but below Low Income. If, upon the annual certification of the income of a Tenant of a Very Low Income Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Very Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Very Low Income Rent. Borrower shall then rent the next available Unit to a Very Low Income Household to comply with the requirements of Section 2.1(c) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(c), or re-designate another comparable Unit in the Development with a Very Low Income Household a Very Low Income Unit, to comply with the requirements of Section 2.1(c) above. Upon renting the next available Unit in accordance with Section 2.1(c) or re-designating another Unit in the Development as a Very Low Income Unit, the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (c) Increase Income of a Homeless Household. If, upon the annual certification of the income of a Tenant of a Homeless Unit, Borrower determines that the income of the Tenant has increased above the qualifying limit for a Very Low Income Household, but not above the qualifying income for a Low Income Household, the Tenant may continue to occupy the Unit and the Tenant's Rent must be raised to High HOME Rent. Borrower shall then rent the next available Unit to a Homeless Household to comply with the requirements of Section 2.1(a) above, at a Rent not exceeding the maximum Rent specified in Section 2.2(a), or re- designate another comparable Unit in the Development with a Homeless Household a Homeless Unit, to comply with the requirements of Section 2.1(a) above. Upon renting the next available Unit in accordance with Section 2.1(a) or re-designating another Unit in the Development as a Homeless Unit, the Unit with the over-income Tenant will no longer be considered a County- Assisted Unit. 11 863\115\3833199.4 (d) Non-Qualifying Household. If, upon the annual certification of the income a Tenant of a County-Assisted Unit, Borrower determines that the Tenant’s income has increased above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the Unit. Upon the expiration of such Tenant's lease, Borrower shall: (1) With 30 days’ advance written notice, increase such Tenant’s Rent to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the Tenant, and (ii) the fair market rent (subject to 24 C.F.R. 92.252(i)(2) regarding low income housing tax credit requirements), and (2) Rent the next available Unit to a Homeless Household, an Extremely Low Income Household or Very Low Income Household, as applicable, to comply with the requirements of Section 2.1above, at a Rent not exceeding the maximum Rent specified in Section 2.2, or designate another comparable Unit that is occupied by a Homeless Household, an Extremely Low Income Household or Very Low Income Household, as applicable, as a County-Assisted Unit, to meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1 in accordance with this Section 2.4(d), the Unit with the over-income Tenant will no longer be considered a County-Assisted Unit. (e) Termination of Occupancy. Upon termination of occupancy of a County- Assisted Unit by a Tenant, such Unit will be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating Tenant, or by a Homeless Household if the vacating Tenant was a Homeless Household, until such Unit is reoccupied, at which time categorization of the Unit will be established based on the occupancy requirements of Section 2.1. 2.5 Loss of Subsidy. (a) It is anticipated that certain Units in the Development (the "Subsidy Units") will receive Project-Based Section 8 or other rental subsidy payments (the "Rental Subsidy") throughout the HOME Term, as reflected in the Approved Development Budget. Notwithstanding Section 2.3(b), if any change in federal law occurs, or any action (or inaction) by Congress or any federal or State 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 PLHA-Assisted Units or Measure X-Assisted Units that overlap with a Subsidy Unit, to the Very Low Income 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 pursuant to Section 4.4 of the Loan Agreement, showing the impact of the loss or reduction of the Rental Subsidy (the "Operating Budget"); (2) The number of PLHA-Assisted Units or Measure X- Assisted Units subject to the Rent increase and the level of rent increase may not be greater than the amount required to ensure that the Development generates sufficient income to cover its 12 863\115\3833199.4 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 Very Low Income Rent have the highest incomes of the Tenants occupying the PLHA-Assisted Units and Measure X-Assisted 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 PLHA-Assisted Units and Measure X-Assisted 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 PLHA-Assisted Units and Measure X-Assisted 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. ARTICLE 3 INCOME CERTIFICATION; REPORTING; RECORDS 3.1 Income Certification. Borrower shall obtain, complete, and maintain on file, within sixty (60) days before expected occupancy, and annually thereafter, income certifications from each Tenant renting any of the County-Assisted Units, provided however, the income of the Homeless Households may not be used to determine qualification for occupancy and are only used for determining the Rent to be paid by such households. Borrower shall make a good faith effort to verify the accuracy of the income provided by the applicant or occupying household, as the case may be, in an income certification. To verify the information, Borrower shall take two or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv) obtain an income verification form from the applicant's current employer; (v) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (vi) if the applicant is unemployed and does not have a tax return, obtain another form of independent verification. Where applicable, Borrower shall examine at least two (2) months of relevant source documentation. Copies of Tenant income certifications are to be available to the County upon request. 3.2 Reporting Requirements. (a) Borrower shall submit to the County within one hundred eighty (180) days after the Completion Date, and not later than ninety (90) days after the close of each calendar year, or such other date as may be requested by the County, a report that includes the following 13 863\115\3833199.4 data for each Unit and specifically identifies which Units are County-Assisted Units: (i) Tenant income, (ii) the number of occupants, (iii) the Rent, (iv) the number of bedrooms, and (v) the initial address of each Tenant. To demonstrate continued compliance with Section 2.1 Borrower shall cause each annual report after the initial report to include a record of any subsequent Tenant substitutions and any vacancies in County-Assisted Units that have been filled. (b) Borrower shall submit to the County within forty-five (45) days after receipt of a written request, or such other time agreed to by the County, any other information or completed forms requested by the County in order to comply with reporting requirements of HUD, the State of California, HCD, and the County. 3.3 Tenant Records. Borrower shall maintain complete, accurate and current records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Development are to be at all times: (i) separate and identifiable from any other business of Borrower, (ii) maintained as required by the County, in a reasonable condition for proper audit, and (iii) subject to examination during business hours by representatives of the County. Borrower shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. The County may examine and make copies of all books, records or other documents of Borrower that pertain to the Development. 3.4 Development Records. (a) Borrower shall keep and maintain at the principal place of business of the Borrower set forth in Section 6.11 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Development. Borrower shall cause all books, records and accounts relating to its compliance with the terms, provisions, covenants and conditions of the Loan Documents to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this HOME/PLHA/Measure X Regulatory Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, HCD, the County, its 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 at all reasonable times at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve such records for a period of not less than five (5) years after their creation in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the County Loan is pending at the end of the record retention period stated herein, then Borrower shall retain the records until such action and all related issues are resolved. Borrower shall cause the records to include all invoices, receipts, and other documents related to expenditures from the County Loan funds. Borrower shall cause records to be accurate and current and in a form that allows the County to comply with the record keeping requirements contained in 24 C.F.R. 92.508. Such records are to include but are not limited to: (1) Records providing a full description of the activities undertaken with the use of the County Loan funds; 14 863\115\3833199.4 (2) Records demonstrating compliance with the HUD property standards and lead-based paint requirements and the maintenance requirements set forth in Section 5.6 (which implements 24 C.F.R. 92.251); (3) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (4) Financial records as required by 24 C.F.R. 92.505, and 2 C.F.R. Part 200; (5) Records demonstrating compliance with the HOME marketing, tenant selection, affordability, and income requirements; (6) Records demonstrating compliance with the PLHA Requirements; (7) Records demonstrating compliance with MBE/WBE requirements; (8) Records demonstrating compliance with 24 C.F.R. Part 135 which implements Section 3 of the Housing Development Act of 1968; (9) Records demonstrating compliance with applicable relocation requirements, which must be retained for at least five (5) years after the date by which persons displaced from the property have received final payments; and (10) Records demonstrating compliance with labor requirements including certified payrolls from Borrower's general contractor evidencing that applicable prevailing wages have been paid. (b) The County shall notify Borrower of any records it deems insufficient. Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. ARTICLE 4 OPERATION OF THE DEVELOPMENT 4.1 Residential Use. Borrower shall operate the Development for residential use only. No part of the Development may be operated as transient housing. 4.2 Compliance with Loan Documents and Regulatory Requirements. (a) Borrower's actions with respect to the Property shall at all times be in full conformity with: (i) all requirements of the Loan Documents; (ii) all requirements imposed on projects assisted with HOME-ARP Funds as contained in 42 U.S.C. Section 12701, et seq., the 15 863\115\3833199.4 HOME Requirements, and other implementing rules and regulations; (iii) all requirements imposed on projects assisted with PLHA Funds as contained in the PLHA Requirements; (iv) all requirements imposed on projects assisted with Measure X Funds; and (v) any other regulatory requirements imposed on the Development including but not limited to regulatory agreements associated with the Low Income Housing Tax Credits provided by the California Tax Credit Allocation Committee, regulatory agreements associated with financing and subsidies provided by the City and HCD, and rental subsidies provided to the Development (the "Development Regulatory Documents"). (b) Borrower shall promptly notify the County in writing of the existence of any default under any Development Regulatory Documents, and provide the County copies of any such notice of default. 4.3 Marketing Plan; Tenant Selection Plan, Technology Plan. (a) Marketing Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval its plan for marketing the Development to income-eligible households as required by this HOME/PLHA/Measure X Regulatory Agreement (the "Marketing Plan"). The Marketing Plan must include information on affirmative marketing efforts and compliance with fair housing laws and 24 C.F.R. 92.351(a). (2) Upon receipt of the Marketing Plan, the County will promptly review the Marketing Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Marketing Plan until the Marketing Plan is approved by the County. If the Borrower does not submit a revised Marketing Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this HOME/PLHA/Measure X Regulatory Agreement. (3) If any HOME-ARP-Assisted Units have not been rented in accordance with Section 2.1 above on or before the date that is three (3) months after the Completion Date Borrower shall submit to the County a detailed report of ongoing marketing efforts, and if deemed appropriate by the County, any necessary amendments or updates to the Marketing Plan to cause the vacant HOME-ARP-Assisted Units to be rented in compliance with Section 2.1. (4) If any HOME-ARP-Assisted Units have not been rented to in accordance with Section 2.1 above on or before the date that is six (6) months after the Completion Date Borrower shall submit to the County a detailed report of ongoing marketing efforts including use of the County's Coordinated Entry System, and if deemed appropriate by the County, any necessary amendments or updates to the Marketing Plan to cause the vacant HOME-ARP-Assisted Units to be rented in compliance with Section 2.1. 16 863\115\3833199.4 (b) Tenant Selection Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County, for its review and approval, Borrower's written tenant selection plan (the "Tenant Selection Plan"). Borrower's Tenant Selection Plan must, at a minimum, meet the requirements for tenant selection set out in 24 C.F.R. 92.253(d) and Section VI.B.20.a of the HOME-ARP Notice, and any modifications thereto. (2) Upon receipt of the Tenant Selection Plan, the County will promptly review the Tenant Selection Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Tenant Selection Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Tenant Selection Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Tenant Selection Plan until the Tenant Selection Plan is approved by the County. If the Borrower does not submit a revised Tenant Selection Plan that is approved by the County at least three (3) months prior to the date construction of the Development is projected to be complete, Borrower will be in default of this HOME/PLHA/Measure X Regulatory Agreement. (c) Technology Plan. (1) No later than six (6) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County, for its review and approval, Borrower's written plan describing the broadband services at the Development (the "Technology Plan"). Broadband means: cables, fiber optics, wiring, or other permanent (integral to the structure) infrastructure, including wireless infrastructure, that is capable of providing access to internet connections in individual housing units. (2) Upon receipt of the Technology Plan, the County will promptly review the Technology Plan and will approve or disapprove it within fifteen (15) days after receipt. If the Technology Plan is not approved, the County will give Borrower specific reasons for such disapproval and Borrower shall submit a revised Technology Plan within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this procedure for resubmission of a revised Technology Plan until the Technology Plan is approved by the County. If the Borrower does not submit a revised Technology Plan that is approved by the County at least three (3) months prior to the date rehabilitation of the Development is projected to be complete, Borrower will be in default of this HOME/PLHA/Measure X Regulatory Agreement. 4.4 Lease Provisions. (a) No later than four (4) months prior to the date construction of the Development is projected to be complete, Borrower shall submit to the County for approval Borrower’s proposed form of lease agreement for the County's review and approval. When leasing Units within the Development, Borrower shall use the form of lease approved by the County. Borrower may not permit the lease to contain any provision that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. Borrower’s form of lease must include 17 863\115\3833199.4 any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all requirements of this HOME/PLHA/Measure X Regulatory Agreement, the other Loan Documents and must, among other matters: (1) provide for termination of the lease for failure to: (i) provide any information required under this HOME/PLHA/Measure X Regulatory Agreement or reasonably requested by Borrower to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this HOME/PLHA/Measure X Regulatory Agreement, or (ii) qualify as an Extremely Low Income Household or a Very Low Income Household, as applicable, as a result of any material misrepresentation made by such Tenant with respect to the income computation; (2) be for an initial term of not less than one (1) year, unless by mutual agreement between the Tenant and Borrower, and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the requirements of Section 2.3 above; and (3) include a provision that requires a Tenant who is residing in a Unit required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes available and another Tenant or prospective Tenant is in need of an accessible Unit. (b) During the HOME Term, Borrower shall comply with the Marketing Plan and Tenant Selection Plan approved by the County. 4.5 Lease Termination. Any termination of a lease or refusal to renew a lease for a County-Assisted Unit within the Development must be in conformance with 24 C.F.R. 92.253(c) and the requirements of the Violence Against Women Reauthorization Act of 2013 ((Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs, and must be preceded by not less than thirty (30) days written notice to the Tenant by Borrower specifying the grounds for the action. 4.6 HOME Requirements. (a) Borrower shall comply with all applicable laws and regulations governing the use of the HOME-ARP Funds as set forth in the HOME Requirements. In the event of any conflict between this HOME/PLHA/Measure X Regulatory Agreement and applicable laws and regulations governing the use of the HOME-ARP Funds, the applicable laws and regulations govern. (b) The laws and regulations governing the use of the HOME-ARP Funds include (but are not limited to) the following: (1) Environmental and Historic Preservation. 24 C.F.R. Part 58, which prescribes procedures for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5; 18 863\115\3833199.4 (2) Applicability of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The applicable policies, guidelines, and requirements of 2 C.F.R. Part 200 and 24 C.F.R. 92.505; (3) Debarred, Suspended or Ineligible Contractors. The prohibition on the use of debarred, suspended, or ineligible contractors set forth in 24 C.F.R. Part 24; (4) Civil Rights, Housing and Community Development, and Age Discrimination Acts. The Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Title VI of the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the Rehabilitation Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC 6101, et seq.); Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. Part 107; Executive Order 11246 as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as amended by Executive Order 12608; (5) Lead-Based Paint. The requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead- Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; (6) Relocation. The requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), and implementing regulations at 49 C.F.R. Part 24; Section 104(d) of the Housing and Community Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq. (if applicable); and 24 C.F.R. 92.353; (7) Discrimination against the Disabled. The requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and federal regulations issued pursuant thereto, which prohibit discrimination against the disabled in any federally assisted program, the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and the applicable requirements of Title II and/or Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), and federal regulations issued pursuant thereto; (8) Clean Air and Water Acts. The Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part 1500, as amended from time to time; (9) Training Opportunities. The requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u and implementing regulations at 24 C.F.R. 75 ("Section 3"); 19 863\115\3833199.4 (i) Pursuant to Section 3, to the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations Borrower shall ensure: (A) that employment and training opportunities arising in connection with the Development are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the Development is located. Where feasible, priority for opportunities and training described above should be given to: (i) Section 3 workers residing within the service area or the neighborhood of the project, and (ii) participants in YouthBuild programs; and (B) that contracts for work awarded in connection with the Development are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the Development is located. Where feasible, priority for opportunities and training described above should be given to: (i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the Development, and (ii) participants in YouthBuild programs. (ii) Borrower will be considered to have complied with the Section 3 requirements, in the absence of evidence to the contrary, if it certifies that it has followed the prioritization of effort set forth in subsection (i) above, and meets or exceeds the applicable Section 3 benchmark as described in 24 C.F.R. 75.23(b). (iii) Borrower shall maintain records of its Section 3 activities and cause such records to be accurate and current and in a form that allows the County to comply with the reporting requirements of 24 C.F.R. 75.25. (iv) Borrower shall require all contractors and subcontractors performing work on the Development to comply with the Section 3 requirements. (10) Labor Standards. The labor requirements set forth in 24 C.F.R. 92.354; the prevailing wage requirements of the Davis-Bacon Act and implementing rules and regulations (40 U.S.C. 3141-3148); the Copeland "Anti-Kickback" Act (40 U.S.C. 276(c)) which requires that workers be paid at least once a week without any deductions or rebates except permissible deductions; the Contract Work Hours and Safety Standards Act – CWHSSA (40 U.S.C. 3701-3708) which requires that workers receive "overtime" compensation at a rate of 1-1/2 times their regular hourly wage after they have worked forty (40) hours in one (1) week; and Title 29, Code of Federal Regulations, Subtitle A, Parts 1, 3 and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the Davis- Bacon Act, as amended; (11) Drug Free Workplace. The requirements of the Drug Free Workplace Act of 1988 (P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24; (12) Anti-Lobbying; Disclosure Requirements. The disclosure requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R. Part 87; 20 863\115\3833199.4 (13) Historic Preservation. The historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. Section 470) and the procedures set forth in 36 C.F.R. Part 800. If archeological, cultural, or historic period resources are discovered during construction, all construction work must come to a halt and Borrower shall immediately notify the County. Borrower shall not shall alter or move the discovered material(s) until all appropriate procedures for "post-review discoveries" set forth in Section 106 of the National Historic Preservation Act have taken place, which include, but are not limited to, consultation with the California State Historic Preservation Officer and evaluation of the discovered material(s) by a qualified professional archeologist; (14) Religious Organizations. If the Borrower is a religious organization, as defined by the HOME requirements, the Borrower shall comply with all conditions prescribed by HUD for the use of HOME-ARP Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. 92.257; (15) Violence Against Women. The requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs; (16) Conflict of Interest. The conflict of interest provisions set forth in 24 C.F.R. 92.356; and (17) HUD Regulations. Any other HUD regulations present or as may be amended, added, or waived in the future pertaining to the HOME-ARP Loan funds. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. Borrower is responsible for all management functions with respect to the Development, including without limitation the selection of Tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The County has no responsibility for management of the Development. Borrower shall retain a professional property management company approved by the County in its reasonable discretion to perform Borrower's management duties hereunder. An on-site property management representative is required to reside at the Property. 5.2 Management Agent. Borrower shall cause the Development to be managed by an experienced management agent reasonably acceptable to the County, with a demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (the "Management Agent"). The County has approved Eden Housing Management, Inc. as the Management Agent. Borrower shall submit for the County's approval the identity of any proposed subsequent management agent. Borrower shall also submit such additional information about the background, experience and financial condition of any proposed management agent as is reasonably necessary for the County to determine whether the proposed 21 863\115\3833199.4 management agent meets the standard for a qualified management agent set forth above. If the proposed management agent meets the standard for a qualified management agent set forth above, the County shall approve the proposed management agent by notifying Borrower in writing. Unless the proposed management agent is disapproved by the County within thirty (30) days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall be deemed approved. 5.3 Periodic Performance Review. The County reserves the right to conduct an annual (or more frequently, if deemed necessary by the County) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable the County to determine if the Development is being operated and managed in accordance with the requirements and standards of this HOME/PLHA/Measure X Regulatory Agreement. Borrower shall cooperate with the County in such reviews. 5.4 Replacement of Management Agent. If, as a result of a periodic review, the County determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this HOME/PLHA/Measure X Regulatory Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by Borrower of such written notice, the County staff and Borrower shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent. If, after such meeting, County staff recommends in writing the replacement of the Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a management agent set forth in Section 5.2 above and approved by the County pursuant to Section 5.2 above. Any contract for the operation or management of the Development entered into by Borrower shall provide that the Management Agent may be dismissed and the contract terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this HOME/PLHA/Measure X Regulatory Agreement, and the County may enforce this provision through legal proceedings as specified in Section 6.5 below. 5.5 Approval of Management Policies. Borrower shall submit its written management policies with respect to the Development to the County for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this HOME/PLHA/Measure X Regulatory Agreement. 5.6 Property Maintenance. (a) Borrower shall maintain, for the entire HOME Term of this HOME/PLHA/Measure X Regulatory Agreement, all interior and exterior improvements, including landscaping: (i) in decent, safe and sanitary condition, (ii) in good condition and repair, and (iii) free of all health and safety defects. Such maintenance must be in accordance with: (w) 22 863\115\3833199.4 24 C.F.R. Section 92.251, (x) the lead-based paint requirements in 24 C.F.R. part 35, (y) all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials, and (z) any other standards provided by the County (collectively, the "Maintenance Standards"). Borrower shall correct any life-threatening maintenance deficiencies, including those set forth in the Maintenance Standards immediately upon notification. (b) At the beginning of each year of the HOME Term, Borrower shall certify to the County that the Development is in compliance with the Maintenance Standards. 5.7 Property Inspections. (a) On-Site Physical Inspections. The County will perform on-site inspections of the Development during the HOME Term to ensure compliance with the Maintenance Standards. The County will perform an on-site inspection within twelve months after completion of construction of the Development and at least once every three (3) years during the HOME Term. If the Development is found to have health and safety violations, the County may perform more frequent inspections. Borrower shall cooperate in such inspections. (b) Violation of Maintenance Standards. If after an inspection, the County determines that Borrower is in violation of the Maintenance Standards, the County will provide Borrower a written report of the violations. Borrower shall correct the violations set forth in the report provided to Borrower by County. The County will perform a follow-up inspection to verify that the violations have been corrected. If such violations continue for a period of ten (10) days after delivery of the report to Borrower by the County with respect to graffiti, debris, waste material, and general maintenance, or thirty (30) days after delivery of the report to Borrower by the County with respect to landscaping and building improvements, then the County, in addition to whatever other remedy it may have at law or in equity, has the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the violation. Pursuant to such right of entry, the County is permitted (but is not required) to enter upon the Property and to perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the County and/or costs of such cure, which amount Borrower shall promptly pay to the County upon demand. ARTICLE 6 MISCELLANEOUS 6.1 Transfers. (a) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the Loan Documents; and/or (ii) any interest in the Development, including (but not limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a 23 863\115\3833199.4 security interest, or an interest evidenced by a land contract by which possession of the Development is transferred and Borrower retains title. The term "Transfer" excludes the leasing of any single unit in the Development to an occupant in compliance with this HOME/PLHA/Measure X Regulatory Agreement. The County Director – Department of Conservation and Development is authorized to execute assignment and assumption agreements on behalf of the County to implement any approved Transfer. (b) Except as otherwise permitted in this Section 6.1, no Transfer is permitted without the prior written consent of the County, which the County may withhold in its sole discretion. The County Loan will automatically accelerate and be due in full upon any Transfer made without the prior written consent of the County. (c) The County hereby approves the admission of the Investor Limited Partner 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 Investor Limited Partner capital contributions provided for in the Partnership Agreement; and (ii) in subsequent Transfers, the Investor 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. (d) The County hereby approves a Transfer of the Property from Borrower to CHDC or Eden, or an affiliate of CHDC or Eden, and an assumption of the County Loan by such transferee at or prior to the end of the Fifteen Year Compliance Period, provided that: (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, (ii) the assignment and assumption agreement evidencing such Transfer requires the transferee to expressly assume the obligations of Borrower under the Loan Documents, and (iii) the County is provided executed copies of all documents evidencing the Transfer. (e) The County hereby approves the purchase of the Investor Limited Partner interest by CHDC or Eden, or an affiliate of CHDC or Eden at or prior to the end of the Fifteen Year Compliance Period, provided that (i) such Transfer is pursuant to an option or right of first refusal agreement referenced in the Partnership Agreement, and (ii) the County is provided executed copies of all documents evidencing the Transfer. (f) In the event the general partner of Borrower is removed by the limited partner of Borrower for cause following default under the Partnership Agreement, the County hereby approves the Transfer of the general partner interest to (i) a 501(c)(3) tax exempt nonprofit corporation or other entity with a 501(c)(3) tax exempt nonprofit corporation member or partner, that is selected by the Investor Limited Partner and approved by the County, and (ii) the Investor Limited Partner or an affiliate thereof, but only for a period not to exceed ninety (90) days from the date of removal of the general partner, during which time such entity shall diligently seek a replacement general partner meeting the requirements of subsection (i) above. (g) The County hereby approves the grant of the security interests in the Development for Approved Financing as such term is defined in Section 1.1(g) of the Loan Agreement. 24 863\115\3833199.4 6.2 Nondiscrimination. (a) All of the Units must be available for occupancy on a continuous basis to members of the general public who are income eligible. Borrower may not give preference to any particular class or group of persons in renting or selling the Units, except to the extent that the Units are required to be leased to income eligible households or veterans pursuant to this HOME/PLHA/Measure X Regulatory Agreement or any Development Regulatory Document. Borrower herein covenants by and for Borrower, assigns, and all persons claiming under or through Borrower, that there exist no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), ancestry, age, familial status (except for lawful senior housing in accordance with state and federal law), or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any unit nor will Borrower or any person claiming under or through Borrower, 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, sublessees, subtenants, or vendees of any unit or in connection with the employment of persons for the construction, operation and management of any unit. (b) Borrower shall accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Tenants. 6.3 Application of Provisions. The provisions of this HOME/PLHA/Measure X Regulatory Agreement apply to the Property for the entire HOME Term even if the County Loan is paid in full prior to the end of the HOME Term. This HOME/PLHA/Measure X Regulatory Agreement binds any successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County is making the County Loan on the condition, and in consideration of, this provision, and would not do so otherwise. 6.4 Covenants to Run With the Land. The County and Borrower hereby declare their express intent that the covenants and restrictions set forth in this HOME/PLHA/Measure X Regulatory Agreement run with the land, and bind all successors in title to the Property, provided, however, that on the expiration of the HOME Term said covenants and restrictions expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof, is to be held conclusively to have been executed, delivered and accepted subject to the covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the County expressly releases such conveyed portion of the Property from the requirements of this HOME/PLHA/Measure X Regulatory Agreement. 6.5 Enforcement by the County. 25 863\115\3833199.4 (a) If Borrower fails to perform any obligation under this HOME/PLHA/Measure X Regulatory Agreement, and fails to cure the default within thirty (30) days after the County has notified Borrower in writing of the default, the County may enforce this HOME/PLHA/Measure X Regulatory Agreement by any or all of the following actions, or any other remedy provided by law: (1) Calling the County Loan. The County may declare a default under the Loan Documents, accelerate the indebtedness evidenced by the Loan Documents, and proceed with foreclosure under the Deed of Trust. (2) Action to Compel Performance or for Damages. The County may bring an action at law or in equity to compel Borrower's performance of its obligations under this HOME/PLHA/Measure X Regulatory Agreement, and may seek damages. (3) Remedies Provided Under Loan Documents. The County may exercise any other remedy provided under the Loan Documents. (b) The County shall provide notice of a default to the Investor Limited Partner and any limited partner of Borrower who has requested written notice from the County in the manner set forth in Section 6.5 of the Loan Agreement, and the Investor Limited Partner shall have the right, but not the obligation, to cure any default under this HOME/PLHA/Measure X Regulatory Agreement and the County shall accept such cure on behalf of the Borrower. 6.6 Anti-Lobbying Certification. (a) Borrower certifies, to the best of Borrower's knowledge or belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (b) This certification is a material representation of fact upon which reliance was placed when the Loan Documents were made or entered into. Submission of this certification is a prerequisite for making or entering into the Loan Documents imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars ($100,000) for such failure. 26 863\115\3833199.4 6.7 Recording and Filing. The County and Borrower shall cause this HOME/PLHA/Measure X Regulatory Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.8 Governing Law. This HOME/PLHA/Measure X Regulatory Agreement is governed by the laws of the State of California. 6.9 Waiver of Requirements. Any of the requirements of this HOME/PLHA/Measure X Regulatory Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this HOME/PLHA/Measure X Regulatory Agreement extends to or affects any other provision of this HOME/PLHA/Measure X Regulatory Agreement, and may not be deemed to do so. 6.10 Amendments. This HOME/PLHA/Measure X Regulatory Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title that is duly recorded in the official records of the County of Contra Costa. 6.11 Notices. Any notice requirement set forth herein will be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Assistant Deputy Director Borrower: Legacy Court, L.P. c/o Eden Housing, Inc. 22645 Grand St. Hayward, CA 94541 Attention: Executive Director And c/o Community Housing Development Corporation of North Richmond 1535 Fred Jackson Way, Suite A Richmond, CA 94801 Attention: Executive Director Investor Limited Partner: NEF Assignment Corporation c/o National Equity Fund, Inc. 10 South Riverside Plaza, Suite 1700 Chicago, Illinois 60606 27 863\115\3833199.4 Attention: Asset Management With a copy to: Craig A. Emden, Esq. Bocarsly Emden Cowan Esmail & Arndt LLP 633 West Fifth Street, Suite 5880 Los Angeles, California 90071 Tel: (301) 634-0500; Fax: (213) 559-0747 Email: cemden@bocarsly.com Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.12 Severability. If any provision of this HOME/PLHA/Measure X Regulatory Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this HOME/PLHA/Measure X Regulatory Agreement will not in any way be affected or impaired thereby. 6.13 Multiple Originals; Counterparts. This HOME/PLHA/Measure X Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 6.14 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the Property, this HOME/PLHA/Measure X Regulatory Agreement will revive according to its original terms if, during the HOME Term, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the Development or Property. 6.15 County/PLHA/Measure X Regulatory Agreement. The County and Borrower are entering into this HOME/PLHA/Measure X Regulatory Agreement concurrently with the County/PLHA/Measure X Regulatory Agreement. The County/PLHA/Measure X Regulatory Agreement as it applies to the HOME-ARP-Assisted Units will be in effect for fifty-five (55) years from the Permanent Conversion which term overlaps with but is longer than the HOME Term. Compliance with the terms of this HOME/PLHA/Measure X Regulatory Agreement will be deemed compliance with the County/PLHA/Measure X Regulatory Agreement during the HOME Term as it applies to the HOME-ARP-Assisted Units. In the event of a conflict between this HOME/PLHA/Measure X Regulatory Agreement and the County/PLHA/Measure X Regulatory Agreement during the HOME Term as it applies to the HOME-ARP-Assisted Units, the terms of this HOME/PLHA/Measure X Regulatory Agreement will prevail. [remainder of page intentionally left blank] [signatures on following pages] S-1 Signature page HOME/PLHA/Measure X Regulatory Agreement 863\115\3833199.4 WHEREAS, this HOME/PLHA/Measure X Regulatory Agreement has been entered into by the undersigned as of the date first written above. 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 [signatures continue on following page] S-2 Signature page HOME/PLHA/Measure X Regulatory Agreement 863\115\3833199.4 BORROWER: LEGACY COURT, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:__________________________________ Donald Gilmore, Executive Director 863\115\3833199.4 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\115\3833199.4 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\115\3833199.4 EXHIBIT A Legal Description The land referred to is situated in the County of Contra Costa, City of Richmond, State of California, and is described as follows: 1 863\115\3821898.5 DEVELOPMENT LOAN AGREEMENT Legacy Court (HOME-ARP Funds, Measure X Funds, and PLHA Funds) This Development Loan Agreement (the "Agreement") is dated October___, 2024, and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Legacy Court, L.P., a California limited partnership ("Borrower"). RECITALS A. Defined terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. The County has received Home Investment Partnerships Act (American Rescue Plan) funds (the "HOME-ARP Funds") from the United States Department of Housing and Urban Development ("HUD") pursuant to title II of the Cranston-Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12705 et seq.), as modified by Section 3205 of the American Rescue Plan Act of 2021(P.L. 117-2). The HOME-ARP Funds must be used by the County in accordance with 24 C.F.R. Part 92 (the "HOME Regulations"), as modified by HUD Notice CPD-21-10 issued on September 13, 2021 (the "HOME-ARP Notice"). The HOME-ARP funds must be used to benefit certain qualifying individuals and families including those that are homeless and at risk of homelessness as defined in the HOME-ARP Notice. C. The County has received Permanent Local Housing Allocation funds ("PLHA Funds") from the California Department of Housing and Community Development ("HCD"), pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins) (the "PLHA Statute"), a Notice of Funding Availability issued by HCD, dated February 26, 2020 (the "PLHA NOFA"), and Standard Agreement Number 21-PLHA-17157 between the County and HCD as amended (the "PLHA Standard Agreement"). The PLHA Funds must be used by the County in accordance with the PLHA Statute, the PLHA NOFA, the PLHA Standard Agreement, and the PLHA Guidelines issued by HCD dated October 2019 (collectively, the "PLHA Requirements"). D. On November 3, 2020, the voters of Contra Costa County approved a countywide 20-year, ½ cent sales tax ("Measure X"). On November 16, 2021 the County board of supervisors approved the Measure X Housing Fund to support the construction of affordable housing in the County for persons earning less than 50% of area median income and persons at risk of homelessness (the "Measure X Funds"). E. Borrower has acquired from Community Housing Development Corporation of North Richmond that certain real property described as Parcels A, B, and C as shown on Parcel Maps MS______-24, Filed _________,2024 in Book________ of Parcel Maps, Page _________ located at Fred Jackson Way between Willard Avenue and Duboce Avenue, City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to construct forty-three (43) housing units on the Property, forty- two (42) of which are for rental to extremely low, very low-, and low-income households, and one (1) manager's unit (the "Development"). The Development, as well as all landscaping, roads 2 863\115\3821898.5 and parking spaces on the Property and any additional improvements on the Property, are the "Improvements". F. Borrower desires to borrow from the County, Four Million Three Hundred Eighty-Two Thousand Forty-Seven Dollars ($4,382,047) in HOME-ARP Funds (the "HOME- ARP Loan"), One Million Dollars ($1,000,000) in PLHA Funds (the "PLHA Loan"), and One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000) in Measure X Funds (the "Measure X Loan") for a total loan amount of Six Million Eight Hundred Three Thousand Forty- Seven Dollars ($6,803,047) (the "Loan"). G. The Loan is evidenced by this Agreement, the Notes, the Regulatory Agreements, and the Intercreditor Agreement, and is secured by the Deed of Trust. H. The Loan is being made to finance construction costs of the Development. Construction of the Development is intended to maintain the supply of affordable rental housing in Contra Costa County. Due to the assistance provided Borrower through the Loan, the County is designating sixteen (16) units as restricted by the County (the "County-Assisted Units"), eight (8) of which are HOME-ARP-assisted units (the "HOME-ARP-Assisted Units"). I. In accordance with the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA") the City determined the Development to be ___________________ under CEQA Guidelines Section __________. [verify] J. In accordance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"), the County has completed and approved all applicable environmental review for the activities proposed to be undertaken under this Agreement. The parties therefore agree as follows: AGREEMENT ARTICLE 1 DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The following terms have the following meanings: (a) "Accessibility Requirements" has the meaning set forth in Section 3.9 below. (b) "Agreement" means this Development Loan Agreement. (c) "Annual Operating Budget" has the meaning set forth in Section 4.3. (d) "Annual Operating Expenses" means for each calendar year, the following costs reasonably and actually incurred for operation and maintenance of the Development: 3 863\115\3821898.5 (i) property taxes and assessments imposed on the Development; (ii) debt service and servicing fees currently due on a non-optional basis (excluding debt service due from residual receipts or surplus cash of the Development) on the Bank Permanent Loan; (iii) on-site service provider fees for tenant social services, provided the County has approved, in writing, the plan and budget for such services before such services begin; (iv) payment to HCD of a portion of the accrued interest on the HCD NPLH Loan pursuant to California Code of Regulations, Title 25, Section 7308; (v) 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; (vi) the Partnership Management/Asset Fee; (vii) 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 Management/Asset Fee; (viii) premiums for insurance required for the Improvements to satisfy the requirements of any lender of Approved Financing; (ix) utility services not paid for directly by tenants, including water, sewer, and trash collection; (x) maintenance and repair expenses and services; (xi) any annual license or certificate of occupancy fees required for operation of the Development; (xii) security services; (xiii) advertising and marketing; (xiv) cash deposited into the Replacement Reserve Account in the amount set forth in Section 4.1(a); (xv) cash deposited into the Operating Reserve Account to maintain the amount set forth in Section 4.1(b) (excluding amounts deposited to initially capitalize the account); 4 863\115\3821898.5 (xvi) payment of any previously unpaid portion of Priority Portion of Developer Fee (without interest), not to exceed the amount set forth in Section 3.18; (xvii) extraordinary operating costs specifically approved in writing by the County; (xviii) the HOME Monitoring Fee; 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 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. (e) "Annual Payment" has the meaning in Section 2.8(a). (f) "Approved Development Budget" means the proforma development budget, including sources and uses of funds, as approved by the County, and attached hereto and incorporated herein as Exhibit B. (g) "Approved Financing" means all of the following loans, grants, equity and subsidy obtained by Borrower and approved by the County for the purpose of financing the acquisition of the Property and construction of the Development: (i) acquisition and predevelopment loan from the City in the approximate amount of One Million Ninety-Nine Thousand Five Hundred Ninety-Three Dollars ($1,099,593) (the "City Loan"); (ii) construction loan from the Bank in the amount of $________________ , (the "Bank Construction Loan"), which will convert to a permanent loan in the approximate amount of ________ Dollars ($_______) (the "Bank Permanent Loan"); (iii) permanent loan from HCD of No Place Like Home Program funds in the amount of Three Million Sixty-Eight Thousand Seven Hundred Eighty-Six Dollars ($3,068,786) (the "HCD NPLH Loan"); (iv) acquisition and construction loan from Eden Housing, Inc. of State of California earmark funds in the amount of Three-Million Dollars ($3,000,000) (the "Eden Sponsor Loan"); (v) construction loan from Community Housing Development Corporation of North Richmond of City grant funds in the amount of Two Hundred Sixty-Nine Thousand Seven Hundred Ninety-Two Dollars ($269,792), and Department of Toxic Substance 5 863\115\3821898.5 and Control funds in the amount of Four Hundred Sixty-Four Thousand Nine Hundred Forty Dollars ($464,940) (the "CHDC Sponsor Loan"); (vi) Low Income Housing Tax Credit investor equity funds in the approximate amount of _______________ Dollars [($22,854,969)] (the "Tax Credit Investor Equity") provided by the Investor Limited Partner; (vii) capital contribution from Borrower's general partner in the approximate amount of $100 (the "GP Capital Contribution"); and (viii) predevelopment grant from the City of CDBG-DR funds in the amount of One Hundred Thirty-Six Thousand Dollars ($136,000) (the "City Grant"). (h) "Available Net Proceeds" means the result obtained by multiplying the Net Proceeds of Permanent Financing by 0.75. (i) "Bank" means Silicon Valley Bank, a division of First-Citizens Bank & Trust Company, and its successors and assigns. (j) "Bank Construction Loan" has the meaning set forth in Section 1.1(g)(ii). (k) "Bank Permanent Loan" has the meaning set forth in Section 1.1(g)(ii). (l) "Bid Package" means the package of documents Borrower's general contractor is required to distribute to potential bidders as part of the process of selecting subcontractors for the Development. The Bid Package is to include the following: (i) an invitation to bid; (ii) copy of the proposed construction contract; and (iii) all Construction Plans. (m) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (n) "Borrower's Share of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. (o) "CEQA" has the meaning set forth in Paragraph I of the Recitals. (p) "CHDC Sponsor Loan" has the meaning set forth in Section 1(g)(v). (q) "City" means the City of Richmond, a municipal corporation. (r) "City Financing" means the sum of the City Grant and the City Loan. (s) "City Grant" has the meaning set forth in Section 1.1(g)(viii). (t) "City Loan" has the meaning set forth in Section 1.1(g)(i). (u) "Commencement of Construction" has the meaning set forth in 6 863\115\3821898.5 Section 3.5. (v) "Completion Date" means the date a final certificate of occupancy, or equivalent document is issued by the City to certify that the Development may be legally occupied. (w) "Construction Plans" means all construction documentation upon which Borrower and Borrower's general contractor rely in constructing all the Improvements on the Property (including the units in the Development, landscaping, parking, and common areas) and includes, but is not limited to, final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings"). (x) "County" has the meaning set forth in the first paragraph of this Agreement. (y) "County Additional Prorata Share" means the result obtained by dividing the Loan by the sum of the Loan and the City Financing, to the extent all such funds are disbursed. (z) "County-Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (aa) "County Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the Loan minus any Special County Loan Repayment by the sum of (i) the Loan minus any Special County Loan Repayment, (ii) the City Financing minus any Special City Financing Repayment, and (iii) the HCD NPLH Loan, to the extent all such funds are disbursed. (bb) "County/PHLA/Measure X Regulatory Agreement" means the County/PHLA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing County requirements applicable to the Loan, to be recorded against the Property. (cc) "Deed of Trust" means the Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, that will encumber the Property to secure repayment of the Loan and performance of the covenants of the Loan Documents. (dd) "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (ee) "Developer Fee" has the meaning set forth in Section 3.18. (ff) "Development" has the meaning set forth in Paragraph E of the Recitals. (gg) "Development Fiscal Year" shall mean for the Development, the 7 863\115\3821898.5 annual period commencing on January 1 and concluding on December 31 each year. (hh) "Eden Sponsor Loan" has the meaning set forth in Section 1(g)(iv). (ii) "Eligible Household" means a household qualified to occupy a HOME-ARP-Assisted Unit pursuant to Section 2.1 of the HOME/PLA/Measure X Regulatory Agreement. (jj) "Event of Default" has the meaning set forth in Section 6.1. (kk) "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. (ll) "Final Cost Certification" has the meaning set forth in Section 4.2. (mm) "Final Development Cost" means the total of the cost of acquisition and construction of the Development as shown on the Final Cost Certification. (nn) "GP Capital Contribution" has the meaning set forth in Section 1.1(g)(vii). (oo) "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. 8 863\115\3821898.5 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. (pp) "Hazardous Materials" means: (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. (qq) "Hazardous Materials Claims" means with respect to the Property (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Borrower or the Property pursuant to any Hazardous Materials Law; and (ii) all claims made or threatened by any third party against Borrower or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials. (rr) "Hazardous Materials Law" means any 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. (ss) "HCD" has the meaning set forth in in Paragraph C of the Recitals. (tt) "HCD NPLH Loan" has the meaning set forth in Section 1.1(g)(iii). (uu) "HOME-ARP Funds" has the meaning set forth in Paragraph B of the Recitals. (vv) "HOME-ARP Loan" has the meaning set forth in Paragraph F of the Recitals. (ww) HOME-ARP Note" means the promissory note of even date herewith that evidence Borrower's obligation to repay the HOME-ARP Loan. (xx) "HOME-ARP Notice" has the meaning set forth in Paragraph B of the Recitals. (yy) "HOME-ARP-Assisted Units" has the meaning set forth in Paragraph H of the Recitals. (zz) "HOME Monitoring Fee" has the meaning set forth in Section 3.20. (aaa) "HOME/PLHA/Measure X Regulatory Agreement" means the 9 863\115\3821898.5 HOME/PHLA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing HUD and County requirements applicable to the Loan, to be recorded against the Property. (bbb) "HOME Regulations" has the meaning set forth in Paragraph B of the Recitals. (ccc) "HOME Requirements" means the HOME Regulations together with the HOME-ARP Notice. (ddd) "Housing Authority" means the Housing Authority of the County of Contra Costa. (eee) "HUD" has the meaning set forth in Paragraph B of the Recitals. (fff) "Improvements" has the meaning set forth in Paragraph E of the Recitals. (ggg) "Intercreditor Agreement" means that certain Subordination and Intercreditor Agreement of even date herewith entered into by and among the City, the County, and Borrower related to the Loan and the City Financing, to be recorded against the Property. (hhh) "Investor Limited Partner" means NEF Assignment Corporation, as nominee, an Illinois not-for-profit corporation, and its permitted successors and assigns. (iii) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (jjj) "Loan Documents" means this Agreement, the Notes, the Regulatory Agreements, the Intercreditor Agreement, and the Deed of Trust. (kkk) "Loan" has the meaning set forth in Paragraph F of the Recitals. (lll) "Local Lenders'" means the City and the County. (mmm) "Local Lenders' Share of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. (nnn) "Measure X" has the meaning set forth in Paragraph D of the Recitals. (ooo) "Measure X Funds" has the meaning set forth in Paragraph D of the Recitals. (ppp) "Measure X Loan" has the meaning set forth in Paragraph F of the Recitals. (qqq) "Measure X Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Measure X Loan. 10 863\115\3821898.5 (rrr) "NEPA" has the meaning set forth in Paragraph J of the Recitals. (sss) "Net Proceeds of Permanent Financing" means the amount by which Permanent Financing exceeds the Final Development Costs. (ttt) "Notes" means the HOME-ARP Note together with the PLHA Note and the Measure X Note. (uuu) "Operating Reserve Account" has the meaning set forth in Section 4.1(b). (vvv) "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. (www) "Partnership Management/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; 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 as set forth in Section 3.19. (xxx) "Permanent Conversion" means the date the Bank Construction Loan converts to the Bank Permanent Loan. (yyy) "Permanent Financing" means the sum of the following amounts: (i) the Loan; (ii) the City Financing; (iii) the HCD NPLH Loan; (iv) the Bank Permanent Loan; (v) the Eden Sponsor Loan; (vi) the CHDC Sponsor Loan; (vii) the Tax Credit Investor Equity; and (viii) the GP Capital Contribution. (zzz) "PLHA Funds" has the meaning set forth in Paragraph C of the Recitals. (aaaa) "PLHA Loan" has the meaning set forth in Paragraph F of the Recitals. (bbbb) "PLHA NOFA" has the meaning set forth in Paragraph C of the Recitals. (cccc) "PLHA Note" means the promissory note dated of even date herewith that evidences Borrower's obligation to repay the PLHA Loan. (dddd) "PLHA Requirements" has the meaning set forth in Paragraph C of the Recitals. (eeee) "PLHA Standard Agreement" has the meaning set forth in Paragraph C of the Recitals. (ffff) "PLHA Statute" has the meaning set forth in Paragraph C of the Recitals. 11 863\115\3821898.5 (gggg) "Priority Portion of Developer Fee" has the meaning set forth in Section 3.18. (hhhh) "Property" has the meaning set forth in Paragraph E of the Recitals. (iiii) "Regulatory Agreements" means, collectively, the County/PLHA/Measure X Regulatory Agreement and the HOME/PLHA/Measure X Regulatory Agreement. (jjjj) "Rental Shortfall Due Date" has the meaning set forth in Section 2.8(c). (kkkk) "Rental Shortfall Payment" has the meaning set forth in Section 2.8(c). (llll) "Replacement Reserve Account" has the meaning set forth in Section 4.1(a). (mmmm) "Residual Receipts" means for each calendar year, the amount by which Gross Revenue exceeds Annual Operating Expenses. (nnnn) "Retention Amount" means Fifty Thousand Dollars ($50,000) of the Loan, the disbursement of which is described in Section 2.7. (oooo) "Senior Loan" has the meaning set forth in Section 2.5. (pppp) "Special City Financing Payment" has the meaning in Section 3(b) of the Intercreditor Agreement. (qqqq) "Special County Loan Payment" has the meaning in Section 2.8(b). (rrrr) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. (ssss) "Tax Credit Investor Equity" has the meaning set forth in Section 1.1(g)(vi). (tttt) "TCAC" means the California Tax Credit Allocation Committee. (uuuu) "Tenant" means the tenant household that occupies a unit in the Development. (vvvv) "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-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a record of the Permanent Conversion cannot be located or established, the Term will expire on the fifty-eighth (58th) anniversary of this Agreement. (wwww) "Transfer" has the meaning set forth in Section 6.1 of the 12 863\115\3821898.5 Regulatory Agreements. Section 1.2 Exhibits The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A: Legal Description of the Property Exhibit B: Approved Development Budget Exhibit C: NEPA Mitigation Requirements ARTICLE 2 LOAN PROVISIONS Section 2.1 Loan. Upon satisfaction of the conditions set forth in Section 2.6 and Section 2.7 of this Agreement, the County shall lend to Borrower the Loan for the purposes set forth in Section 2.3 of this Agreement. Borrower's obligation to repay the Loan is evidenced by the Notes. Section 2.2 Interest. (a) Subject to the provisions of subsection (b) below, simple interest will accrue on the outstanding principal balance of the loan at a per annum fixed rate of interest equal to three percent (3%), commencing on the date of disbursement. (b) Upon the occurrence of an Event of a Default, interest on the outstanding principal balance of the Loan will accrue at the Default Rate, beginning on the date of such occurrence and continuing until the date the Loan is repaid in full or the Event of Default is cured. Section 2.3 Use of Loan Funds. (a) Borrower shall use the PLHA Loan for predevelopment costs incurred up to twelve (12) months prior to the date of this Agreement and construction costs, consistent with the Approved Development Budget. Use of the PLHA Loan for reimbursement of costs incurred prior to the date of this Agreement is subject to the PLHA Requirements. (b) Borrower shall use the HOME-ARP Loan and Measure X Loan for construction costs, consistent with the Approved Development Budget. Use of the HOME Loan for reimbursement of costs incurred prior to the date of this Agreement is subject to Section 92.206(d)(1) of the HOME Regulations. (c) Borrower may not use the Loan proceeds for any other purposes without the prior written consent of the County. Section 2.4 Security. In consideration of the Loan, Borrower shall (i) secure its obligation to repay the Loan, as evidenced by the Notes, by executing the Deed of Trust, and cause or permit it to be recorded as 13 863\115\3821898.5 a lien against the Property, junior to the Bank Construction Loan (and upon Permanent Conversion, to the Bank Permanent Loan and the HCD NPLH Loan) pursuant to Section 2.5 below, senior to the Eden Sponsor Loan and the CHDC Sponsor Loan pursuant to a subordination agreement with the County, and senior to the City Financing pursuant to the Intercreditor Agreement, and (ii) execute the Regulatory Agreements, and the Intercreditor Agreement, and cause or permit them to be recorded against the Property. Section 2.5 Subordination. (a) Any agreement by the County to subordinate the Deed of Trust and/or Regulatory Agreements to an encumbrance securing and/or evidencing the HCD NPLH Loan, the Bank Construction Loan, the Bank Permanent Loan or any loan obtained by Borrower to refinance the Bank Construction Loan, or the Bank Permanent Loan (collectively, the "Senior Loan") will be subject to the satisfaction of each of the following conditions: (i) All of the proceeds of the Senior Loan, less any transaction costs, are used to provide acquisition, construction and/or permanent financing for the Development. (ii) The lender of the Senior Loan is a state or federally chartered financial institution, a nonprofit corporation or a public entity that is not affiliated with Borrower or any of Borrower's affiliates, other than as a depositor or a lender. (iii) Borrower demonstrates to the County's satisfaction that subordination of the Deed of Trust and the Regulatory Agreements is necessary to secure adequate acquisition, construction, and/or permanent financing to ensure the viability of the Development, including the operation of the Development as affordable housing, as required by the Loan Documents. To satisfy this requirement, Borrower must provide to the County, in addition to any other information reasonably required by the County, evidence demonstrating that the proposed amount of the Senior Loan is necessary to provide adequate acquisition, construction, and/or permanent financing to ensure the viability of the Development, and adequate financing for the Development would not be available without the proposed subordination. (iv) The subordination agreement(s) is structured to minimize the risk that the Deed of Trust and the Regulatory Agreements will be extinguished as a result of a foreclosure by the Bank or other holder of the Senior Loan. To satisfy this requirement, the subordination agreement must provide the County with adequate rights to cure any defaults by Borrower, including: (1) providing the County or its successor with copies of any notices of default at the same time and in the same manner as provided to Borrower; and (2) providing the County with a cure period of at least sixty (60) days to cure any default. (v) The subordination(s) of the Loan is effective only during the original term of the Senior Loan and any extension of its term that is approved in writing by the County. 14 863\115\3821898.5 (vi) The subordination does not limit the effect of the Deed of Trust and the Regulatory Agreements before a foreclosure, nor require the consent of the holder(s) of the Senior Loan prior to the County exercising any remedies available to the County under the Loan Documents. (b) Upon a determination by the County's Director – Department of Conservation and Development that the conditions in Subsection (a) have been satisfied, the Director – Department of Conservation and Development or his/her designee will be authorized to execute the approved subordination agreement without the necessity of any further action or approval. Section 2.6 Conditions Precedent to Disbursement of Loan Funds for Construction. Until the conditions set forth in Section 2.7 have been met, the disbursements made pursuant to this Agreement may not exceed Six Million Seven Hundred Fifty-Three Thousand Forty-Seven Dollars ($6,753,047). The County is not obligated to disburse any portion of the Loan, or to take any other action under the Loan Documents unless all of the following conditions have been and continue to be satisfied: (a) There exists no Event of Default nor any act, failure, omission or condition that would constitute an Event of Default under this Agreement; (b) Borrower holds title to the Property or is acquiring title to the Property simultaneously with the disbursement of the Loan proceeds; (c) Borrower has delivered to the County copies of all of Borrower's organizational documents, and a copy of a corporate resolution authorizing Borrower to obtain the Loan and all other Approved Financing, and execute the Loan Documents; (d) There exists no material adverse change in the financial condition of Borrower from that shown by the financial statements and other data and information furnished by Borrower to the County prior to the date of this Agreement; (e) Borrower has furnished the County with evidence of the insurance coverage meeting the requirements of Section 4.12 below; (f) Borrower has executed and delivered to the County the Loan Documents and has caused all other documents, instruments, and policies required under the Loan Documents to be delivered to the County; (g) The Deed of Trust, the Regulatory Agreements, and the Intercreditor Agreement, have been recorded against the Property in the Office of the Recorder of the County of Contra Costa; (h) A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing an LP-10 2021 ALTA Lender's Policy of title insurance insuring the priority of the Deed of Trust in the amount of the Loan, subject only to such 15 863\115\3821898.5 exceptions and exclusions as may be reasonably acceptable to the County, and containing such endorsements as the County may reasonably require. Borrower shall provide whatever documentation (including an indemnification agreement), deposits or surety is reasonably required by the title company in order for the County's Deed of Trust to be senior in lien priority to any mechanics liens in connection with any start of construction that has occurred prior to the recordation of the Deed of Trust against the Property in the Office of the Recorder of the County of Contra Costa; (i) All environmental review necessary for the construction of the Development has been completed, and Borrower has provided the County evidence of planned compliance with all NEPA and CEQA requirements and mitigation measures applicable to construction, and evidence of compliance with all NEPA and CEQA requirements and mitigation measures applicable to preconstruction; (j) The County has determined the undisbursed proceeds of the Loan, together with other funds or firm commitments for funds that Borrower has obtained in connection with the construction of the Development, are not less than the amount the County determines is necessary to pay for the construction of the Development and to satisfy all of the covenants contained in this Agreement and the Regulatory Agreements; (k) Borrower has obtained all permits and approvals necessary for the construction of the Development; (l) The County has received and approved the Bid Package for the subcontractors for the construction of the Development pursuant to Section 3.2 below; (m) The County has received and approved the general contractor's construction contract that Borrower has entered or proposed to enter for the construction of the Development pursuant to Section 3.3 below; (n) The County has received and approved labor and material (payment) bonds and performance bonds as required pursuant to Section 3.4 below; (o) Borrower has closed the loans and obtained the equity financings that comprise the Approved Financing described in Section 1.1(g), or has commitments for such funds; (p) The County has received a fully executed copy of the Partnership Agreement, in which the Investor Limited Partner is obligated to provide Borrower the Tax Credit Investor Equity in accordance with the terms thereof; (q) The County has received the fully executed Standard Agreement among the County, Borrower and HCD governing the commitment of the HCD NLPH Loan; (r) Borrower has provided the County a certification from the Development architect or qualified accessibility specialist that the construction plans are in conformance with the Accessibility Requirements; 16 863\115\3821898.5 (s) The County has received a fully executed copy of the Agreement to Enter Housing Assistance Payment Contract between Borrower and the Housing Authority governing the commitment by the Housing Authority of project-based section 8 rental assistance for twenty-five (25) units in the Development; (t) Borrower has provided the County an assessment of market demand for the Development, dated no earlier than twelve (12) months prior to the date of this Agreement; (u) Borrower has submitted to the County a construction schedule reflecting a completion date no later than June 1, 2026; and (v) The County has received a written draw request from Borrower, including: (i) certification that the condition set forth in Section 2.6(a) continues to be satisfied; (ii) certification that the proposed uses of funds is consistent with the Approved Development Budget; (iii) the amount of funds needed; and, (iv) where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. When a disbursement is requested to pay any contractor in connection with improvements on the Property, the written request must be accompanied by: (1) certification by Borrower's architect reasonably acceptable to the County that the work for which disbursement is requested has been completed (although the County reserves the right to inspect the Property and make an independent evaluation); and (2) lien releases and/or mechanics lien title insurance endorsements reasonably acceptable to the County. Section 2.7 Conditions Precedent to Disbursement of Retention. The County is not obligated to disburse the Retention Amount unless the following conditions precedent are satisfied: (a) The County has received a completion report from Borrower setting forth: (i) the income, household size, race, and ethnicity of Tenants of the County-Assisted Units; (ii) and the unit address, unit size, rent amount and utility allowance for all County- Assisted Units; (b) The County has received a draft of the Final Cost Certification for the Development from Borrower showing all uses and sources; (c) The County has received from Borrower copies of the certificate of occupancy or equivalent final permit sign-offs for the Development; (d) The County has received from Borrower current evidence of the insurance coverage meeting the requirements of Section 4.12 below; (e) The County has received from Borrower a form of Tenant lease; (f) The County has received from Borrower a Marketing Plan and Tenant Selection Plan as defined in the HOME/PLHA/Measure X Regulatory Agreement; (g) The County has received a copy of a social services plan and social 17 863\115\3821898.5 services budget for the provision of social services to Tenants; (h) The County has received from Borrower evidence of marketing for any vacant County-Assisted Unit in the Development such as copies of flyers, list of media ads, list of agencies and organizations receiving information on availability of such units, as applicable; (i) The County has received from Borrower all relevant contract activity information, including compliance with Section 3 requirements as set forth in Section 4.6(b)(9) of the HOME/PLHA/Measure X Regulatory Agreement, and minority-owned (MBE) and women-owned (WBE) business requirements; (j) If Borrower was required to comply with relocation requirements as set forth in Section 3.10 below, the County has received from Borrower evidence of compliance with all applicable relocation requirements; (k) The County has received from Borrower a copy of the management agreement and contact information for the property manager of the Development and the name and phone number of the on-site property manager; (l) If Borrower is required to pay prevailing wages under the Davis- Bacon Act (40 U.S.C. 3141-3148) by the HUD regulations governing the Loan, the County has received confirmation that Borrower has submitted all certified payrolls to the County, and any identified payment issues have been resolved, or Borrower is working diligently to resolve any such issues; (m) The County has received from Borrower evidence of compliance with all NEPA mitigation requirements as set forth in Exhibit C; (n) The County has received fully executed copy of the Housing Assistance Payment Contract between Borrower and the Housing Authority governing the provision by the Housing Authority of project-based section 8 rental assistance for twenty-five (25) units in the Development; and (o) The County has received a written draw request from Borrower, including certification that the condition set forth in Section 2.6(a) continues to be satisfied, and setting forth the proposed uses of funds consistent with the Approved Development Budget, and, where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. Borrower shall apply the disbursement for the purpose(s) requested. Section 2.8 Repayment Schedule. (a) Annual Payments of Loan. Commencing on May 1, 2027, and on May 1 of each year thereafter during the Term, Borrower shall make a Loan payment 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 Share multiplied by Local Lenders' Share of Residual Receipts (each such payment, an "Annual Payment"). The County shall apply all Annual Payments first, to accrued interest; and second, to principal. 18 863\115\3821898.5 (b) Special Repayments of Loan from Net Proceeds of Permanent Financing. To the extent consistent with the regulations applicable to the HCD NPLH Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the County as a special repayment of the Loan, an amount equal to the result obtained by multiplying the County Additional Prorata Share by the Available Net Proceeds (the "Special County Loan Payment"). No later than one hundred eighty (180) days following completion of construction of the Development, Borrower shall submit to the County for its review a preliminary calculation of the Net Proceeds of Permanent Financing and a draft of the Final Cost Certification as defined Section 4.2 below. The County shall approve or disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing in writing within thirty (30) days after receipt. If Borrower's determination is disapproved by the County, Borrower shall re-submit documentation to the County until the County approval is obtained. (c) Special Repayment of the Loan for Failure to Lease. If on or before the Rental Shortfall Due Date, Borrower fails to cause each of the HOME-ARP-Assisted Units to be rented to and occupied by an Eligible Household in accordance with the HOME/PLHA/Measure X Regulatory Agreement, Borrower shall pay the County the Rental Shortfall Payment, plus accrued interest, on the Rental Shortfall Due Date. (i) The "Rental Shortfall Due Date" is the date that occurs twelve (12) months after the Completion Date. (ii) The "Rental Shortfall Payment" is an amount equal to the result obtained by multiplying (1) the number of HOME-ARP-Assisted Units that have not been rented to and occupied by an Eligible Household on or before the Rental Shortfall Due Date, by (2) a fraction, the numerator of which is the then-outstanding principal balance of the HOME- ARP Funds portion of the Loan and the denominator of which is the number of HOME-ARP- Assisted Units. (iii) Interest on the Rental Shortfall Payment will accrue in accordance with Section 2.2(a) through the Rental Shortfall Due Date. If the Rental Shortfall Payment is not paid on or before the Rental Shortfall Due Date, interest on the Rental Shortfall Payment will accrue at the Default Rate beginning on the day after the Rental Shortfall Due Date and continuing until the Rental Shortfall Payment is paid in full with interest. (d) Payment in Full of Loan. Borrower shall pay all outstanding principal and accrued interest on the Loan, in full, on the earliest to occur of: (i) any Transfer other than as permitted pursuant to Section 6.1 of the Regulatory Agreements; (ii) an Event of Default; and (iii) the expiration of the Term. (e) Prepayment. Borrower may prepay the Loan at any time without premium or penalty. However, the Regulatory Agreements and the Deed of Trust (as security for the Regulatory Agreements) will remain in effect for the entire Term, regardless of any prepayment or Transfer. Section 2.9 Reports and Accounting of Residual Receipts. 19 863\115\3821898.5 (a) Borrower shall keep and maintain at the principal place of business of Borrower set forth in Section 7.9 below, or elsewhere with the County's written consent, full, complete and appropriate 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. (b) In connection with the Annual Payment, Borrower shall furnish to the County: (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 31st of that same year. Subsequent statements of Residual Receipts will cover the twelve-month period that ends on December 31st 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 Gross Revenue and Annual Operating Expenses; and (iii) Any additional documentation reasonably required by the County to substantiate Borrower's calculation of Lenders' Share of Residual Receipts and Local Lenders' Share of Residual Receipts. (c) The receipt by the County of any statement pursuant to subsection (b) above or any payment by Borrower or acceptance by the County of any Loan repayment for any period does not bind the County as to the correctness of such statement or payment. The County may audit the Residual Receipts and all books, records, and accounts pertaining thereto pursuant to Section 4.5 below. Section 2.10 Non-Recourse. Except as provided below, neither Borrower, nor any partner of Borrower, has any direct or indirect personal liability for payment of the principal of, and interest on, the Loan. Following recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of, or interest on, the Notes will be to the property described in the Deed of Trust; provided, however, that nothing contained in the foregoing limitation of liability limits or impairs the enforcement of all the rights and remedies of the County against all such security for the Notes, or impairs the right of County to assert the unpaid principal amount of the Notes as demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation to repay the principal and interest on the Notes. Nothing contained herein is intended to relieve Borrower of its obligation to indemnify the County under the Loan Documents and Borrower shall be fully and personally liable for: (i) loss or damage of any kind resulting from waste, fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges which may create liens on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the fair market value of any personal property or fixtures removed or disposed of by Borrower other than in accordance with the Deed of Trust; (iv) willful or grossly negligent 20 863\115\3821898.5 violation of applicable law; and (v) the misappropriation of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property. ARTICLE 3 CONSTRUCTION OF THE DEVELOPMENT Section 3.1 Permits and Approvals. Borrower shall obtain all permits or permit ready letter and approvals necessary for the commencement of construction of the Development no later than November 15, 2024, or such later date that the County approves in writing. Section 3.2 Bid Package. Not later than thirty (30) days prior to Borrower's proposed date for advertising the Bid Package, Borrower shall submit to the County a copy of Borrower's general contractor's proposed Bid Package. The County's Director, Department of Conservation and Development, or his or her designee, shall approve or disapprove the Bid Package within fifteen (15) days after receipt of the Bid Package by the County. If the County rejects the proposed Bid Package the reasons therefore must be given to Borrower. Borrower will then have fifteen (15) days to revise the proposed Bid Package and resubmit it to the County. The County will then have fifteen (15) days to review and approve Borrower's new or corrected Bid Package. The provisions of this Section will continue to apply until a proposed Bid Package has been approved by the County. Borrower may not publish a proposed Bid Package until it has been approved by the County. Section 3.3 Construction Contract. (a) Not later than fifteen (15) days prior to the proposed Commencement of Construction, Borrower shall submit to the County for its approval a draft of the proposed construction contract for the Development. All construction work and professional services are to be performed by persons or entities licensed or otherwise authorized to perform the applicable construction work or service in the State of California. Each contract that Borrower enters for construction of the Development is to provide that at least ten percent (10%) of the costs incurred will be payable only upon completion of the construction, subject to early release of retention for specified subcontractors upon approval by the County. The construction contract will include all applicable HOME requirements set forth in Section 4.6 of the HOME/PLHA/Measure X Regulatory Agreement. The County's approval of the construction contract may not be deemed to constitute approval of or concurrence with any term or condition of the construction contract except as such term or condition may be required by this Agreement. (b) Upon receipt by the County of the proposed construction contract, the County shall promptly review same and approve or disapprove it within fifteen (15) days. If the construction contract is not approved by the County, the County shall set forth in writing and notify Borrower of the County's reasons for withholding such approval. Borrower shall thereafter submit a revised construction contract for County approval, which approval is to be granted or denied in fifteen (15) days in accordance with the procedures set forth above. Any construction contract executed by Borrower for the Development is to be in the form approved 21 863\115\3821898.5 by the County. Section 3.4 Construction Bonds. Not later than thirty (30) days prior to the proposed Commencement of Construction Borrower shall deliver to the County copies of labor and material bonds and performance bonds for the construction of the Development in an amount equal to one hundred percent (100%) of the scheduled cost of the construction of the Development. Such bonds must name the County as a co-obligee. Section 3.5 Commencement of Construction. Borrower shall cause the Commencement of Construction of the Development to occur no later than November 30, 2024, or such later date that the County approves in writing, but in no event later than 1 year from date of this Agreement. For the purposes of this Agreement, "Commencement of Construction" means the date set for the start of construction of the Development in the notice to proceed issued by Borrower to Borrower's general contractor. Section 3.6 Completion of Construction. (a) Borrower shall diligently prosecute construction of the Development to completion and shall cause the construction of the Development to be completed no later than September 1, 2026, or such later date that the County approves in writing. Section 3.7 Changes; Construction Pursuant to Plans and Laws. (a) Changes. Borrower shall construct the Development in conformance with (i) the plans and specifications approved by the City's building department, and (ii) the Approved Development Budget. Borrower shall notify the County in a timely manner of any changes in the work required to be performed under this Agreement, including any additions, changes, or deletions to the plans and specifications approved by the City. Written authorization from the County must be obtained before any of the following changes, additions, or deletions in work for the Development may be performed: (i) any change in the work the cost of which exceeds One Hundred Thousand Dollars ($100,000); or (ii) any set of changes in the work the cost of which cumulatively Two Hundred Fifty Thousand Dollars ($250,000) or ten percent (10%) of the Loan amount, whichever is less; or (iii) any material change in building materials or equipment, specifications, or the structural or architectural design or appearance of the Development as provided for in the plans and specifications approved by the County. The County's consent to any additions, changes, or deletions to the work does not relieve or release Borrower from any other obligations under this Agreement, or relieve or release Borrower or its surety from any surety bond. (b) Compliance with Laws. Borrower shall cause all work performed in connection with the Development to be performed in compliance with: (i) all applicable laws, codes (including building codes and codes applicable to mitigation of disasters such as earthquakes), ordinances, rules and regulations of 22 863\115\3821898.5 federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter; (ii) the PLHA requirements and the HOME Requirements including the property standards set out in 24 C.F.R. 92.251 as implemented by Section 5.6 of the HOME/PLHA/Measure X Regulatory Agreement; (iii) the requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; and (iv) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. Borrower may permit the work to proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Borrower is responsible to the County for the procurement and maintenance thereof. Section 3.8 State Prevailing Wages. (a) To the extent required by applicable law Borrower shall: (i) pay, and shall cause any consultants or contractors to pay, prevailing wages in the construction of the Development as those wages are determined pursuant to California Labor Code Section 1720 et seq.; (ii) cause any consultants or contractors to employ apprentices as required by California Labor Code Section 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR"), and to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing regulations of the DIR; (iii) keep and retain, and shall cause any consultants and contractors to keep and retain, such records as are necessary to determine if such prevailing wages have been paid as required pursuant to California Labor Code Section 1720 et seq., and apprentices have been employed are required by California Labor Code Section 1777.5 et seq.; (iv) post at the Property, or shall cause the contractor to post at the Property, the applicable prevailing rates of per diem wages. Copies of the currently applicable current per diem prevailing wages are available from DIR; (v) cause contractors and subcontractors constructing the Development to be registered as set forth in California Labor Code Section 1725.5; (vi) cause its contractors and subcontractors, in all calls for bids, bidding materials and the construction contract documents for the construction of the Development to specify that: 23 863\115\3821898.5 (1) no contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the construction of the Development unless registered with the DIR pursuant to California Labor Code Section 1725.5; and (2) the construction of the Development is subject to compliance monitoring and enforcement by the DIR. (vii) provide the County all information required by California Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within 2 days of the award of any contract (https://www.dir.ca.gov/pwc100ext/); (viii) cause its contractors to post job site notices, as prescribed by regulation by the DIR; and (ix) cause its contractors to furnish payroll records required by California Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. (b) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its contractor and subcontractors) to pay prevailing wages as determined pursuant to California Labor Code Section 1720 et seq., to employ apprentices pursuant to California Labor Code Section 1777.5 et seq., to meet the conditions of California Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and 1771.4, and the implementing regulations of the DIR, in connection with the construction of the Development or any other work undertaken or in connection with the Property. This obligation to indemnify survives termination of this Agreement, repayment of the Loan, and the reconveyance of the Deed of Trust. Section 3.9 Accessibility. (a) Borrower shall cause the Development to be constructed and operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements including, but not limited to the applicable provisions of: (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans with Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements"). (b) In compliance with the Accessibility Requirements, a minimum of three (3) units in the Development must be constructed to be fully accessible to households with a mobility impaired member and an additional one (1) unit in the Development must be constructed to be fully accessible to hearing and/or visually impaired persons. In compliance 24 863\115\3821898.5 with the Accessibility Requirements Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its architect, contractor and subcontractors) to construct the Development in accordance with the Accessibility Requirements. This obligation to indemnify survives termination of this Agreement, repayment of the Loan and the reconveyance of the Deed of Trust. Section 3.10 Relocation. (a) If and to the extent that acquisition and development of the Property will result in the permanent or temporary displacement of residential tenants, homeowners, or businesses, then Borrower shall comply with all applicable local, state, and federal statutes and regulations, (including without limitation the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), and implementing regulations at 49 C.F.R. Part 24; Section 104(d) of the Housing and Community Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq.; 24 C.F.R. 92.353; and California Government Code Section 7260 et seq. and implementing regulations at 25 California Code of Regulations Sections 6000 et seq.) with respect to preparation of a relocation plan, relocation planning, advisory assistance, and payment of monetary benefits. Borrower shall be solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. (b) Borrower shall indemnify, defend and hold harmless, (with counsel reasonably acceptable to the County), the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns against any claim for damages, compensation, fines, penalties, relocation payments or other amounts and expenses (including reasonable attorneys' fees) arising out of the failure or alleged failure of any person or entity (including Borrower, or the County) to satisfy relocation obligations related to the acquisition and development of the Property. This obligation to indemnify survives termination of this Agreement, repayment of the Loan and the reconveyance of the Deed of Trust. Section 3.11 Equal Opportunity. During the construction of the Development discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work is not allowed. Section 3.12 Minority and Women-Owned Contractors. Borrower shall use its best efforts to afford minority-owned and women-owned business enterprises the maximum practicable opportunity to participate in the construction of the Development. Borrower shall, at a minimum, notify applicable minority-owned and women- owned business firms located in Contra Costa County of bid opportunities for the construction of the Development. A listing of minority owned and women owned businesses located in the 25 863\115\3821898.5 County and neighboring counties is available from the County. Documentation of such notifications must be maintained by Borrower and available to the County upon request. Section 3.13 Progress Reports. Until such time as Borrower has received a certificate of occupancy from the City for the Development, Borrower shall provide the County with quarterly progress reports regarding the status of the construction of the Development, including a certification that the actual construction costs to date conform to the Approved Development Budget, as it may be amended from time to time pursuant to Section 3.17 below. Section 3.14 Construction Responsibilities. (a) Borrower is responsible for the coordination and scheduling of the work to be performed so that commencement and completion of the construction of the Development takes place in accordance with this Agreement. (b) Borrower is solely responsible for all aspects of Borrower's conduct in connection with the Development, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the County with reference to the Development is solely for the purpose of determining whether Borrower is properly discharging its obligations to the County, and may not be relied upon by Borrower or by any third parties as a warranty or representation by the County as to the quality of the design or construction of the Development. Section 3.15 Mechanics Liens, Stop Notices, and Notices of Completion. (a) If any claim of lien is filed against the Property or a stop notice affecting the Loan is served on the County or any other lender or other third party in connection with the Development, then Borrower shall, within twenty (20) days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the County a surety bond in sufficient form and amount, or provide the County with other assurance satisfactory to the County that the claim of lien or stop notice will be paid or discharged. (b) If Borrower fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section, then in addition to any other right or remedy, the County may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at Borrower's expense. Alternately, the County may require Borrower to immediately deposit with the County the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof. The County may use such deposit to satisfy any claim or lien that is adversely determined against Borrower. (c) Borrower shall file a valid notice of cessation or notice of completion upon cessation of construction work on the Development for a continuous period of thirty (30) days or more, and take all other steps necessary to forestall the assertion of claims of lien against 26 863\115\3821898.5 the Property. Borrower authorizes the County, but the County has no obligation, to record any notices of completion or cessation of labor, or any other notice that the County deems necessary or desirable to protect its interest in the Development and Property. Section 3.16 Inspections. (a) Borrower shall permit and facilitate, and shall require its contractors to permit and facilitate, observation and inspection at the Development by the County and by public authorities during reasonable business hours during the Term, for the purposes of determining compliance with this Agreement. (b) The County will perform inspections both during and upon completion of construction of the Development to determine if the Development is being constructed in accordance with the PLHA Requirements and the HOME Requirements, including the property standards set forth in 24 C.F.R. 92.251. Borrower shall give the County notice when the construction of the Development is complete. If the County determines the Development is not being constructed in accordance with the HOME Requirements, the County will provide Borrower with a written report of the deficiencies. Borrower shall correct such deficiencies within the timeframe set forth in the notice provided to Borrower by the County. The Development may not be occupied until such deficiencies have been corrected to the satisfaction of the County. Section 3.17 Approved Development Budget; Revisions to Budget. As of the date of this Agreement, the County has approved the Approved Development Budget set forth in Exhibit B. Borrower shall submit any required amendments to the Approved Development Budget to the County for approval within five (5) days after the date Borrower receives information indicating that actual costs of the Development vary or will vary from the costs shown on the Approved Development Budget. Written consent of the County will be required to amend the Approved Development Budget. Section 3.18 Developer Fee. The maximum cumulative Developer Fee that may be paid to any entity or entities providing development services to the Development, whether paid up front or on a deferred basis, is not to exceed the amount allowed by TCAC and as approved by the County. For the purposes of this Agreement "Developer Fee" has the meaning set forth in California Code of Regulations, Title 4, Section 10302(o). In no event may the amount of the Developer Fee to be paid up front out of development sources exceed Two Million Five Hundred Thousand Dollars ($2,500,000) (the "Priority Portion of Developer Fee"). If there are insufficient development sources to pay the full amount of the Priority Portion of Developer Fee upfront, then, an amount equal to the difference between the full amount of the Priority Portion of Developer Fee and the amount actually paid up front, may be paid as an Operating Expense. Any amount by which Developer Fee exceeds the Priority Portion of Developer Fee, must either be deferred and paid out of Borrower's Share of Residual Receipts or contributed to the Development. Section 3.19 Partnership Management/Asset Fee. 27 863\115\3821898.5 Prior to the expiration of the Fifteen Year Compliance Period, the Partnership Management/Asset Fee is not to exceed Forty-Two Thousand Three Hundred Eighteen Dollars ($42,318) per year in the aggregate, increasing by 3% annually. Such amount is intended to represent the amount of Partnership Management/Asset Fee allowed by HCD at Permanent Conversion. Unpaid Partnership Management Fees may accrue for a period not to exceed three (3) fiscal years following the year during which they are earned. After the expiration of the Fifteen Year Compliance Period, the Partnership/Asset Management Fee may continue but will convert to a Partnership/Asset Management Fee payable to the partners of Borrower in an amount to be approved by the County. Section 3.20 HOME Monitoring Fee. In connection with the restrictions imposed on the Development pursuant to the HOME- ARP/PLHA/Measure X Regulatory Agreement, Borrower shall pay to the County a compliance monitoring fee in the amount of Two Hundred Fifty Dollars ($250) per HOME-ARP-Assisted Unit per year (the "HOME Monitoring Fee"). The HOME Monitoring Fee is payable annually throughout the Term on the same date that the Annual Payment is due, regardless of whether there are sufficient Residual Receipts to make an Annual Payment. Section 3.21 NEPA Mitigation Requirements. Borrower shall comply with the NEPA mitigation requirements set forth in the attached Exhibit C in the construction of the Development. Section 3.22 Repayment of Sponsor Loans. The Eden Sponsor Loan and the CHDC Sponsor Loan may only be repaid from Borrower's Share of Residual Receipts. ARTICLE 4 LOAN REQUIREMENTS Section 4.1 Reserve Accounts. (a) Replacement Reserve Account. Borrower shall establish and maintain an account that is available for capital expenditures for repairs and replacement necessary to maintain the Development in the condition required by the Loan Documents (the "Replacement Reserve Account"). Borrower shall make annual deposits to the Replacement Reserve Account in an amount equal to at least the lesser of 0.6% of estimated construction costs associated with structures in the Development, excluding construction contingency and general requirements, or Five Hundred Dollars ($500) per unit. Borrower shall replenish the Replacement Reserve Account as needed from the available cash flow to maintain this amount for the period during which the Development is regulated by the County/PLHA/Measure X Regulatory Agreement. (b) Operating Reserve Account. Borrower shall establish and maintain an account that is available to fund operating deficits (which is the amount by which Annual Operating Expenses exceed Gross Revenue for any period) (the "Operating Reserve Account"). 28 863\115\3821898.5 Borrower shall capitalize the Operating Reserve Account on a monthly basis in the amount of two percent (2%) of the gross rental income from the Development until the Operating Reserve Account reaches an amount equal to three (3) months of Annual Operating Expenses (excluding items in Section 1.1(d)(vi), (xv), and (xvi). Thereafter, the Operating Reserve Account must be maintained to the extent of available cash flow at the level of six (6) months of Annual Operating Expenses (excluding items in Section 1.1(d)(vi), (xv), and (xvi)) for the period during which the Development is regulated by the County/PLHA/Measure X Regulatory Agreement. Section 4.2 Financial Accountings and Post-Completion Audits. (a) No later than one-hundred twenty (120) days following completion of construction of the Development, Borrower shall provide to the County for its review and approval a financial accounting of all sources and uses of funds for the Development. (b) No later than one hundred twenty (120) days after Permanent Conversion, Borrower shall submit an audited financial report showing the sources and uses of all funds utilized for the Development. This requirement may be satisfied by providing the Final Cost Certification to the County. "Final Cost Certification" means the Final Cost Certification Sources and Uses of Funds prepared by Borrower for the Development that: (i) Borrower submits to TCAC; and (ii) has been prepared using generally accepted accounting standards in effect in the United States of America from time to time, consistently applied. Section 4.3 Approval of Annual Operating Budget. Borrower shall provide the following to the County for its review and approval: (i) by not later than sixty (60) days prior to commencement of each Development Fiscal Year for the Term, the estimated annual budget for the upcoming Development Fiscal Year for the operations of the Development which shall include projected income from all sources, projected expenses, including operating expenses, debt service, and deposits to and withdrawals from Development reserves (the "Annual Operating Budget"); and (ii) within ninety (90) days following the end of each Development Fiscal Year, a report showing the actual income and expenditures with respect to the Development for the immediately preceding Development Fiscal Year and the status of Development reserves. The County's review shall be limited to whether the Development is being operated and managed in accordance with the requirements and standards of the Loan Documents. The County may request additional information to assist the County in evaluating the financial viability of the Development. Unless rejected by the County in writing within thirty (30) days after receipt of the budget, the budget will be deemed accepted. If rejected by the County in whole or in part, Borrower shall submit a new or corrected budget within thirty (30) calendar days after notification of the County's rejection and the reasons therefor. The provisions of this Section relating to time periods for resubmission of new or corrected budgets will continue to apply until such budget has been approved by the County. Section 4.4 Information. Borrower shall provide any information reasonably requested by the County in connection with the Development, including (but not limited to) any information required by HUD and HCD in connection with Borrower's use of the Loan funds. 29 863\115\3821898.5 Section 4.5 County Audits. (a) Each year, Borrower shall provide the County with a copy of Borrower's annual audit, which is to include information on all of Borrower's activities and not just those pertaining to the Development. (b) In addition, the County and HCD may, at any time, audit all of Borrower's books, records, and accounts pertaining to the Development including but not limited to the Residual Receipts of the Development. Any such audit is to be conducted during normal business hours upon reasonable notice of not less than 48 hours at the principal place of business of Borrower and wherever records are kept. Immediately after the completion of an audit, the County shall deliver a copy of the results of the audit to Borrower. (c) If it is determined as a result of an audit that there has been a deficiency in a loan repayment to the County then such deficiency will become immediately due and payable, with interest at the Default Rate from the date the deficient 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) Two Thousand Five Hundred Dollars ($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 County's costs and expenses connected with the audit and review of Borrower's accounts and records. Section 4.6 Hazardous Materials. (a) Borrower shall keep and maintain the Property (including but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and may not cause or permit the Property to be in violation of any Hazardous Materials Law. Borrower 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 any Hazardous Materials, except such of the foregoing as may be customarily used in construction of projects like the Development or kept and used in and about residential property of this type. (b) Borrower shall immediately advise the County in writing if at any time it receives written notice of any Hazardous Materials Claims, and Borrower'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. (c) The County has the right to join and participate in, as a party if it so elects, and be represented by counsel acceptable to the County (or counsel of its own choice if a conflict exists with Borrower) 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 Borrower. (d) Borrower shall indemnify and hold harmless the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and 30 863\115\3821898.5 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 Borrower in this Section 4.6, and Section 5.1(l). Such indemnity shall 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 the County 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 survives termination of this Agreement, repayment of the Loan and the reconveyance of the 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 the County of Hazardous Materials. (e) Without the County's prior written consent, which will not be unreasonably withheld or delayed, Borrower 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 the County's judgment, impair the value of the County's security hereunder; provided, however, that the County'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 the County's consent before taking such action, provided that in such event Borrower shall notify the County as soon as practicable of any action so taken. The County 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) Borrower will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Borrower establishes to the satisfaction of the County that there is no reasonable alternative to such remedial action which would result in less impairment of the County's security hereunder; or (iv) the action has been agreed to by the County. (f) Borrower hereby acknowledges and agrees that: (i) this Section is intended as the County's written request for information (and Borrower'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 Agreement (together with any 31 863\115\3821898.5 indemnity obligation applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by the Parties to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. (g) 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 County's or the trustee's rights and remedies under the Deed of Trust, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to: (i) waive its lien on such environmentally impaired or affected portion of the Property; and (ii) exercise, (1) the rights and remedies of an unsecured creditor, including reduction of its claim against Borrower to judgment, and (2) any other rights and remedies permitted by law. For purposes of determining the County's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Borrower 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 Borrower 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 County 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 the Deed of Trust and is due and payable to the County upon its demand made at any time following the conclusion of such action. Section 4.7 Maintenance; Damage and Destruction. (a) During the course of both construction and operation of the Development, Borrower shall maintain the Development and the Property in good repair and in a neat, clean and orderly condition, reasonable wear and tear accepted and in accordance with the Regulatory Agreements. (b) Subject to the requirements of senior lenders, and if economically feasible in the County's judgment after consultation with Borrower, if any improvement now or in the future on the Property is damaged or destroyed, then Borrower shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications approved by the County with such changes as have been approved by the County. Such work or repair is to be commenced no later than the later of one hundred twenty (120) days, or such longer period approved by the County in writing, after the damage or loss occurs or thirty (30) days following receipt of the insurance or condemnation proceeds, and is to be complete within one (1) year thereafter. Any insurance or condemnation proceeds collected for such damage or destruction are to be applied to the cost of such repairs or restoration and, if such insurance or condemnation proceeds are insufficient for such purpose, then Borrower shall make up the deficiency. If Borrower does not promptly make such repairs then any insurance or condemnation proceeds collected for such damage or destruction are to be promptly delivered by Borrower to the County as a special repayment of the Loan, subject to the rights of the senior 32 863\115\3821898.5 lenders, if any. Section 4.8 Fees and Taxes. Borrower is solely responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property or the Development, and shall pay such charges prior to delinquency and at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property. Borrower is also solely responsible for payment of all personal property taxes, and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, and shall pay such charges prior to delinquency and at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property. However, Borrower is not required to pay and discharge any such charge so long as: (i) the legality thereof is being contested diligently and in good faith and by appropriate proceedings; and (ii) if requested by the County, Borrower deposits with the County any funds or other forms of assurance that the County in good faith from time to time determines appropriate to protect the County from the consequences of the contest being unsuccessful. In the event Borrower exercises its right to contest any tax, assessment, or charge against it, Borrower, on final determination of the proceeding or contest, will immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. Borrower shall not apply for a property tax exemption for the Property under any provision of law except California Revenue and Taxation Section 214(g) without the prior written consent of the County. Section 4.9 Notices. Borrower shall promptly notify the County in writing of any and all of the following: (a) Any litigation known to Borrower materially affecting Borrower, or the Property and of any claims or disputes that involve a material risk of litigation; (b) Any written or oral communication Borrower receives from any governmental, judicial, or legal authority giving notice of any claim or assertion that the Property or Improvements fail in any respect to comply with any applicable governmental law; (c) Any material adverse change in the physical condition of the Property (including any damage suffered as a result of fire, earthquakes, or floods); (d) Any material adverse change in Borrower's financial condition, any material adverse change in Borrower's operations, or any change in the management of Borrower; (e) That any of the statements in Section 5.1(l) regarding Hazardous 33 863\115\3821898.5 Materials are no longer accurate; (f) Any Default or event which, with the giving of notice or the passage of time or both, would constitute a Default; and (g) Any other circumstance, event, or occurrence that results in a material adverse change in Borrower's ability to timely perform any of its obligations under any of the Loan Documents. Section 4.10 Operation of Development as Affordable Housing. Borrower shall operate the Development (i) in accordance with all applicable laws, codes, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter, and (ii) as an affordable housing development consistent with: (1) HUD's requirements for use of HOME-ARP Funds; (2) the PLHA Requirements; (3) the Regulatory Agreements; (4) any other regulatory requirements imposed on Borrower including but not limited to regulatory agreements associated with the City Financing, HCD NPLH Loan, and Low Income Housing Tax Credits provided by TCAC; and (5) any regulatory requirements imposed on Borrower related to the rental subsidies provided to the Development. Section 4.11 Nondiscrimination. (a) Borrower covenants by and for itself and its successors and assigns that there will be no discrimination against or segregation of a person or of a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), ancestry, age, familial status (except for lawful senior housing in accordance with state and federal law), or disability, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor may Borrower or any person claiming under or through Borrower 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 Property. The foregoing covenant will run with the land. (b) Nothing in this Section prohibits Borrower from requiring the County-Assisted Units in the Development to be available to and occupied by income eligible households in accordance with the Regulatory Agreements. Section 4.12 Insurance Requirements. (a) Borrower shall maintain the following insurance coverage throughout the Term of the Loan: (i) Workers' Compensation insurance to the extent required by law, including Employer's Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident. 34 863\115\3821898.5 (ii) Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations (which limits may be met through excess/umbrella coverage in the amount of $15,000,000). (iii) Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable. (iv) Builders' Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Development, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must be obtained if required by applicable federal regulations. (v) Commercial crime insurance covering all officers and employees, for loss of Loan proceeds caused by dishonesty, in an amount approved by the County, naming the County a Loss Payee, as its interests may appear. (b) Borrower shall cause any general contractor, agent, or subcontractor working on the Development under direct contract with Borrower or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (i), (ii), and (iii) above, except that the limit of liability for commercial general liability insurance for subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance will meet all of the general requirements of subsections (d) and (e) below. (c) The required insurance must be provided under an occurrence form, and Borrower shall maintain the coverage described in subsection (a) continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above. (d) Commercial General Liability, Automobile Liability and Property insurance policies must be endorsed to name as an additional insured the County and its officers, agents, employees and members of the County Board of Supervisors. (e) All policies and bonds are to contain: (i) the agreement of the insurer to give the County at least ten (10) days' notice prior to cancellation or material change for non- payment of premium, and thirty (30) days' notice prior to cancellation for any other change or cancellation in said policies; (ii) an agreement that such policies are primary and non-contributing with any insurance that may be carried by the County; (iii) a provision that no act or omission of Borrower shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against the County and its authorized parties in connection with any loss or damage thereby insured against. 35 863\115\3821898.5 Section 4.13 Covenants Regarding Approved Financing and Partnership Agreement. (a) Borrower shall promptly pay the principal and interest when due on any Approved Financing. (b) Borrower shall promptly notify the County in writing of the existence of any default under any documents evidencing Approved Financing whether or not a default has been declared by the lender, and any defaults under the Partnership Agreement, and provide the County copies of any notice of default. (c) Borrower may not amend, modify, supplement, cancel or terminate the Partnership Agreement or any documents related to any loan that is part of the Approved Financing without the prior written consent of the County except for amendments solely to effectuate Transfers permitted under Section 6.1 of the Regulatory Agreements. Borrower shall provide the County copies of all amendments, modifications, and supplements to the Partnership Agreement and any document related to any loan that is part of Approved Financing. (d) Borrower may not incur any indebtedness of any kind other than Approved Financing or encumber the Development with any liens (other than liens for Approved Financing approved by the County) without the prior written consent of the County. (e) To the extent the Partnership Agreement is inconsistent with this Agreement with respect to the repayment of the Loan including, without limitation, the Residual Receipts definition and the payment provisions of Section 2.8 above, this Agreement will control. Any payments made in conflict with the Residual Receipts definition and payment requirements of this Agreement will be considered an Event of Default. ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER Section 5.1 Representations and Warranties. Borrower hereby represents and warrants to the County as follows and acknowledges, understands, and agrees that the representations and warranties set forth in this Article 5 are deemed to be continuing during all times when any portion of the Loan remains outstanding: (a) Organization. Borrower is duly organized, validly existing and in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) Authority of Borrower. Borrower has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. 36 863\115\3821898.5 (c) Authority of Persons Executing Documents. This Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Borrower, and all actions required under Borrower's organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken. (d) Valid Binding Agreements. The Loan Documents and all other documents or instruments executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Borrower enforceable against it in accordance with their respective terms. (e) No Breach of Law or Agreement. Neither the execution nor delivery of the Loan Documents or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, will: (i) conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever that is binding on Borrower, or conflict with any provision of the organizational documents of Borrower, or conflict with any agreement to which Borrower is a party; or (ii) result in the creation or imposition of any lien upon any assets or property of Borrower, other than liens established pursuant hereto. (f) Compliance with Laws; Consents and Approvals. The construction of the Development will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector and other officers of any such government or agency. (g) Pending Proceedings. Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Loan or impair the security to be given to the County pursuant hereto. (h) Title to Land. At the time of recordation of the Deed of Trust, Borrower will have good and marketable fee title to the Development and there will exist thereon or with respect thereto no mortgage, lien, pledge or other encumbrance of any character whatsoever other than liens shown on the County's title policy provided pursuant to Section 2.6 above, or approved in writing by the County. (i) Financial Statements. The financial statements of Borrower and other financial data and information furnished by Borrower to the County fairly and accurately present the information contained therein. As of the date of this Agreement, there has not been any 37 863\115\3821898.5 material adverse change in the financial condition of Borrower from that shown by such financial statements and other data and information. (j) Sufficient Funds. Borrower holds sufficient funds and/or binding commitments for sufficient funds to complete the acquisition of the Property and the construction of the Development in accordance with the terms of this Agreement. (k) Taxes. Borrower and its subsidiaries have filed all federal and other material tax returns and reports required to be filed, and have paid all federal and other material taxes, assessments, fees and other governmental charges levied or imposed upon them or their income or the Property otherwise due and payable, except those that are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with generally accepted accounting principles. There is no proposed tax assessment against Borrower or any of its subsidiaries that could, if made, be reasonably expected to have a material adverse effect on the property, liabilities (actual or contingent), operations, condition (financial or otherwise) or prospects of Borrower and its subsidiaries, taken as a whole, or which could result in (i) a material impairment of the ability of Borrower to perform under any loan document to which it is a party, or (ii) a material adverse effect upon the legality, validity, binding effect or enforceability against Borrower of any Loan Document. (l) Hazardous Materials. To the best of Borrower's knowledge, except as disclosed in writing by Borrower to the County prior to the date of this Agreement: (i) no Hazardous Material has been disposed of, stored on, discharged from, or released to or from, or otherwise now exists in, on, under, or around, the Property; (ii) neither the Property nor Borrower is in violation of any Hazardous Materials Law; and (iii) neither the Property nor Borrower is subject to any existing, pending or threatened Hazardous Materials Claims. ARTICLE 6 DEFAULT AND REMEDIES Section 6.1 Events of Default. Any one or more of the following constitutes an "Event of Default" by Borrower under this Agreement: (a) Failure to Construct. If Borrower fails to obtain permits, or to commence and prosecute construction of the Development to completion, within the times set forth in Article 3 above, subject to force majeure. (b) Failure to Make Payment. If Borrower fails to make any payment when such payment is due pursuant to the Loan Documents. (c) Failure to Submit Plans. If Borrower fails to submit a Marketing Plan or Tenant Selection Plan that is approved by the County in accordance with the Regulatory Agreements. (d) Breach of Covenants. If Borrower fails to duly perform, comply with, or observe any other condition, term, or covenant contained in this Agreement (other than as set 38 863\115\3821898.5 forth in Section 6.1(a) through Section 6.1(c), and Section 6.1(e) through Section 6.1(m)), or in any of the other Loan Documents, and Borrower fails to cure such default within thirty (30) days after receipt of written notice thereof from the County to Borrower. (e) Default Under Other Loans. If a default is declared under any other financing for the Development by the lender of such financing and such default remains uncured following any applicable notice and cure period. (f) Insolvency. If a court having jurisdiction makes or enters any decree or order: (i) adjudging Borrower to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking reorganization of Borrower, or seeking any arrangement for Borrower under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower in bankruptcy or insolvency or for any of their properties; (iv) directing the winding up or liquidation of Borrower if any such decree or order described in clauses (i) to (iv), inclusive, is unstayed or undischarged for a period of ninety (90) calendar days; or (v) Borrower admits in writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. The occurrence of any of the Events of Default in this paragraph will act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Notes. (g) Assignment; Attachment. If Borrower assigns its assets for the benefit of its creditors or suffers a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon is returned or released within ninety (90) calendar days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution. The occurrence of any of the events of default in this paragraph shall act to accelerate automatically, without the need for any action by the County, the indebtedness evidenced by the Notes. (h) Suspension; Termination. If Borrower voluntarily suspends its business or, the partnership is dissolved or terminated, other than a technical termination of the partnership for tax purposes. (i) Liens on Property and the Development. If any claim of lien (other than liens allowed pursuant to any Loan Document or approved in writing by the County) is filed against the Development or any part thereof, or any interest or right made appurtenant thereto, or the service of any notice to withhold proceeds of the Loan and the continued maintenance of said claim of lien or notice to withhold for a period of twenty (20) days, without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to the County. (j) Condemnation. If there is a condemnation, seizure, or appropriation of all or the substantial part of the Property and the Development other than by the County. (k) Unauthorized Transfer. If any Transfer occurs other than as permitted pursuant to Section 6.1 of the Regulatory Agreements. (l) Representation or Warranty Incorrect. If any Borrower representation 39 863\115\3821898.5 or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with any of the Loan Documents, proves to have been incorrect in any material respect when made. (m) Applicability to General Partner. The occurrence of any of the events set forth in Section 6.1(f), through Section 6.1(h) in relation to Borrower's managing general partner, unless the removal and replacement of Borrower's managing general partner in accordance with Section 6.1(f) of the Regulatory Agreements within the time frame set forth in Section 6.5 cures such a default. Section 6.2 Remedies. Upon the occurrence of an Event of Default and until such Event of Default is cured or waived, the County is relieved of any obligation to disburse any portion of the Loan. In addition, upon the occurrence of an Event of Default and following the expiration of all applicable notice and cure periods the County may proceed with any and all remedies available to it under law, this Agreement, and the other Loan Documents. Such remedies include but are not limited to the following: (a) Acceleration of Notes. The County may cause all indebtedness of Borrower to the County under this Agreement and the Notes, together with any accrued interest thereon, to become immediately due and payable. Borrower waives all right to presentment, demand, protest or notice of protest or dishonor. The County may proceed to enforce payment of the indebtedness and to exercise any or all rights afforded to the County as a creditor and secured party under the law including the Uniform Commercial Code, including foreclosure under the Deed of Trust. Borrower is liable to pay the County on demand all reasonable expenses, costs and fees (including, without limitation, reasonable attorney's fees and expenses) paid or incurred by the County in connection with the collection of the Loan and the preservation, maintenance, protection, sale, or other disposition of the security given for the Loan. (b) Specific Performance. The County has the right to mandamus or other suit, action or proceeding at law or in equity to require Borrower to perform its obligations and covenants under the Loan Documents or to enjoin acts on things that may be unlawful or in violation of the provisions of the Loan Documents. (c) Right to Cure at Borrower's Expense. The County has the right (but not the obligation) to cure any monetary default by Borrower under a loan other than the Loan. Upon demand therefor, Borrower shall reimburse the County for any funds advanced by the County to cure such monetary default by Borrower, together with interest thereon from the date of expenditure until the date of reimbursement at the Default Rate. Section 6.3 Right of Contest. Borrower may contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute an Event of Default hereunder. Any such contest is to be prosecuted diligently and in a manner unprejudicial to the County or the rights of the County hereunder. Section 6.4 Remedies Cumulative. 40 863\115\3821898.5 No right, power, or remedy given to the County by the terms of this Agreement or the other Loan Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy is cumulative and in addition to every other right, power, or remedy given to the County by the terms of any such instrument, or by any statute or otherwise against Borrower and any other person. Neither the failure nor any delay on the part of the County to exercise any such rights and remedies will operate as a waiver thereof, nor does any single or partial exercise by the County of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. Section 6.5 Notice and Cure Rights of Limited Partner. The County shall provide the Investor Limited Partner and any limited partner of Borrower who has requested written notice from the County ("Permitted Limited Partner") a duplicate copy of all notices of default that the County may give to or serve in writing upon Borrower pursuant to the terms of the Loan Documents, at the address set forth in Section 7.9, provided, the County shall have no liability to the Permitted Limited Partner for its failure to do so. The Permitted 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 the Loan Documents, and the County will accept tender of such cure as if delivered by Borrower. If the Permitted Limited Partner is unable to cure a default because Borrower's general partner is in bankruptcy and/or because the cure requires removal of the general partner of Borrower and the Permitted Limited Partner is proceeding diligently to remove the general partner of Borrower in order to effect a cure of the Default, the cure period will be extended for such reasonable time as is necessary for the Permitted Limited Partner to effect a cure of the Default, but in no event longer than sixty (60) days after the date of receipt by the Permitted Limited Partner of written notice of the default. ARTICLE 7 GENERAL PROVISIONS Section 7.1 Relationship of Parties. Nothing contained in this Agreement is to be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Borrower or its agents, employees or contractors, and Borrower will at all times be deemed an independent contractor and to be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Borrower has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction and operation of the Development, Borrower is solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and must include requirements in each contract that contractors are solely responsible for similar matters relating to their employees. Borrower is solely responsible for its own acts and those of its agents and employees. 41 863\115\3821898.5 Section 7.2 No Claims. Nothing contained in this Agreement creates or justifies any claim against the County by any person that Borrower may have employed or with whom Borrower may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the purchase of the Property, the construction or operation of the Development, and Borrower shall include similar requirements in any contracts entered into for the construction or operation of the Development. Section 7.3 Amendments. No alteration or variation of the terms of this Agreement is valid unless made in writing by the Parties. The County Director of the Department of Conservation and Development is authorized to execute on behalf of the County amendments to the Loan Documents or amended and restated Loan Documents as long as any discretionary change in the amount or terms of this Agreement is approved by the County's Board of Supervisors. Section 7.4 Indemnification. Borrower shall indemnify, defend and hold the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns harmless against any and all claims, suits, actions, losses and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but not limited to the purchase of the Property and the development, construction, marketing and operation of the Development, except to the extent such claim arises from the gross negligence or willful misconduct of the County, its agents, and its employees. This obligation to indemnify survives termination of this Agreement, repayment of the Loan, and the reconveyance of the Deed of Trust. Section 7.5 Non-Liability of County Officials, Employees and Agents. No member, official, employee or agent of the County is personally liable to Borrower in the event of any default or breach of this Agreement by the County or for any amount that may become due from the County pursuant to this Agreement. Section 7.6 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. Section 7.7 Discretion Retained By County. The County's execution of this Agreement in no way limits any discretion the County may have in the permit and approval process related to the construction of the Development. Section 7.8 Conflict of Interest. (a) Except for approved eligible administrative or personnel costs, no person described in Section 7.8(b) below who exercises or has exercised any functions or 42 863\115\3821898.5 responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have immediate family or business ties, during, or at any time after, such person's tenure. Borrower shall exercise due diligence to ensure that the prohibition in this Section 7.8(a) is followed. (b) The conflict of interest provisions of Section 7.8(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the County. (c) In accordance with California Government Code Section 1090 and the Political Reform Act, California Government Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or consultant of Borrower, or immediate family member of any of the preceding, may make or participate in a decision, made by the County or a County board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Borrower. Interpretation of this section is governed by the definitions and provisions used in the Political Reform Act, California Government Code Section 87100 et seq., its implementing regulations manual and codes, and California Government Code Section 1090. Section 7.9 Notices, Demands and Communications. 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: County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Assistant Deputy Director Borrower: Legacy Court, L.P. c/o Eden Housing, Inc. 22645 Grand St. Hayward, CA 94541 Attention: Executive Director and c/o Community Housing Development Corporation of North Richmond 1535 Fred Jackson Way, Suite A Richmond, CA 94801 Attention: Executive Director 43 863\115\3821898.5 Investor Limited Partner: NEF Assignment Corporation c/o National Equity Fund, Inc. 10 South Riverside Plaza, Suite 1700 Chicago, Illinois 60606 Attention: Asset Management With a copy to: Craig A. Emden, Esq. Bocarsly Emden Cowan Esmail & Arndt LLP 633 West Fifth Street, Suite 5880 Los Angeles, California 90071 Tel: (301) 634-0500; Fax: (213) 559-0747 Email: cemden@bocarsly.com 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 by mail as provided in this Section. Receipt will be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Section 7.10 Applicable Law. This Agreement is governed by the laws of the State of California. Section 7.11 Parties Bound. Except as otherwise limited herein, this Agreement binds and inures to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement is intended to run with the land and to bind Borrower and its successors and assigns in the Property and the Development for the entire Term, and the benefit hereof is to inure to the benefit of the County and its successors and assigns. Section 7.12 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. Section 7.13 Force Majeure. In addition to specific provisions of this Agreement, performance by either party will not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, or court order. An extension of time for any cause will be deemed granted if notice by the party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other 44 863\115\3821898.5 party within ten (10) days after receipt of the notice. In no event will the County be required to agree to cumulative delays in excess of one hundred eighty (180) days. Section 7.14 County Approval. The County has authorized the County Director, Department of Conservation and Development to execute the Loan Documents and deliver such approvals or consents as are required by this Agreement, and to execute estoppel certificates concerning the status of the Loan and the existence of Borrower defaults under the Loan Documents. Section 7.15 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Borrower or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Borrower to perform any obligation under this Agreement does not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Borrower may not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 7.16 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. Section 7.17 Entire Understanding of the Parties. The Loan Documents constitute the entire agreement of the parties with respect to the Loan. Section 7.18 Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Remainder of Page Left Intentionally Blank Signature page County Loan Agreement 863\115\3821898.5 45 The parties are entering into this Agreement as of the last date set forth below. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: ____________________________________ John Kopchik Director, Department of Conservation and Development Date: October____, 2024 APPROVED AS TO FORM: THOMAS L. GEIGER County Counsel By: ______________________ Kathleen Andrus Deputy County Counsel [signatures continue on following page] Signature page County Loan Agreement 863\115\3821898.5 46 BORROWER: LEGACY COURT, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:__________________________________ Donald Gilmore, Executive Director Date: October _____, 2024 A-1 863\115\3821898.5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land referred to is situated in the County of Contra Costa, City of Richmond, State of California, and is described as follows: B-1 863\115\3821898.5 EXHIBIT B APPROVED DEVELOPMENT BUDGET C-1 863\115\3821898.5 EXHIBIT C NEPA MITIGATION REQUIREMENTS TABLE OF CONTENTS Page i 863\115\3821898.5 ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................2 Section 1.1 Definitions................................................................................................... 2 Section 1.2 Exhibits ..................................................................................................... 12 ARTICLE 2 LOAN PROVISIONS ............................................................................................12 Section 2.1 Loan. ......................................................................................................... 12 Section 2.2 Interest....................................................................................................... 12 Section 2.3 Use of Loan Funds. ................................................................................... 12 Section 2.4 Security. .................................................................................................... 12 Section 2.5 Subordination. ........................................................................................... 13 Section 2.6 Conditions Precedent to Disbursement of Loan Funds for Construction. ............................................................................................. 14 Section 2.7 Conditions Precedent to Disbursement of Retention. ............................... 16 Section 2.8 Repayment Schedule. ................................................................................ 17 Section 2.9 Reports and Accounting of Residual Receipts.......................................... 18 Section 2.10 Non-Recourse. .......................................................................................... 19 ARTICLE 3 CONSTRUCTION OF THE DEVELOPMENT ...................................................20 Section 3.1 Permits and Approvals. ............................................................................. 20 Section 3.2 Bid Package. ............................................................................................. 20 Section 3.3 Construction Contract. .............................................................................. 20 Section 3.4 Construction Bonds. .................................................................................. 21 Section 3.5 Commencement of Construction. ............................................................. 21 Section 3.6 Completion of Construction. ..................................................................... 21 Section 3.7 Changes; Construction Pursuant to Plans and Laws. ................................ 21 Section 3.8 State Prevailing Wages. ............................................................................ 22 Section 3.9 Accessibility. ............................................................................................. 23 Section 3.10 Relocation. ................................................................................................ 24 Section 3.11 Equal Opportunity. .................................................................................... 24 Section 3.12 Minority and Women-Owned Contractors. .............................................. 24 Section 3.13 Progress Reports. ...................................................................................... 25 Section 3.14 Construction Responsibilities. .................................................................. 25 Section 3.15 Mechanics Liens, Stop Notices, and Notices of Completion.................... 25 Section 3.16 Inspections. ............................................................................................... 26 Section 3.17 Approved Development Budget; Revisions to Budget. ............................ 26 Section 3.18 Developer Fee. .......................................................................................... 26 Section 3.19 Partnership Management/Asset Fee. ......................................................... 26 Section 3.20 HOME Monitoring Fee. ............................................................................ 27 Section 3.21 NEPA Mitigation Requirements. .............................................................. 27 Section 3.22 Repayment of Sponsor Loans. .................................................................. 27 ARTICLE 4 LOAN REQUIREMENTS.....................................................................................27 Section 4.1 Reserve Accounts...................................................................................... 27 Section 4.2 Financial Accountings and Post-Completion Audits. ............................... 28 Section 4.3 Approval of Annual Operating Budget. .................................................... 28 Section 4.4 Information. .............................................................................................. 28 TABLE OF CONTENTS (continued) Page ii 863\115\3821898.5 Section 4.5 County Audits. .......................................................................................... 29 Section 4.6 Hazardous Materials. ................................................................................ 29 Section 4.7 Maintenance; Damage and Destruction. ................................................... 31 Section 4.8 Fees and Taxes. ......................................................................................... 32 Section 4.9 Notices. ..................................................................................................... 32 Section 4.10 Operation of Development as Affordable Housing. ................................. 33 Section 4.11 Nondiscrimination..................................................................................... 33 Section 4.12 Insurance Requirements. ........................................................................... 33 Section 4.13 Covenants Regarding Approved Financing and Partnership Agreement. ................................................................................................ 35 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER .......................35 Section 5.1 Representations and Warranties. ............................................................... 35 ARTICLE 6 DEFAULT AND REMEDIES ...............................................................................37 Section 6.1 Events of Default. ..................................................................................... 37 Section 6.2 Remedies. .................................................................................................. 39 Section 6.3 Right of Contest. ....................................................................................... 39 Section 6.4 Remedies Cumulative. .............................................................................. 39 Section 6.5 Notice and Cure Rights of Limited Partner. ............................................. 40 ARTICLE 7 GENERAL PROVISIONS ....................................................................................40 Section 7.1 Relationship of Parties. ............................................................................. 40 Section 7.2 No Claims. ................................................................................................ 41 Section 7.3 Amendments. ............................................................................................ 41 Section 7.4 Indemnification. ........................................................................................ 41 Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 41 Section 7.6 No Third Party Beneficiaries. ................................................................... 41 Section 7.7 Discretion Retained By County. ............................................................... 41 Section 7.8 Conflict of Interest. ................................................................................... 41 Section 7.9 Notices, Demands and Communications. ................................................. 42 Section 7.10 Applicable Law. ........................................................................................ 43 Section 7.11 Parties Bound. ........................................................................................... 43 Section 7.12 Severability. .............................................................................................. 43 Section 7.13 Force Majeure. .......................................................................................... 43 Section 7.14 County Approval. ...................................................................................... 44 Section 7.15 Waivers. .................................................................................................... 44 Section 7.16 Title of Parts and Sections. ....................................................................... 44 Section 7.17 Entire Understanding of the Parties. ......................................................... 44 Section 7.18 Multiple Originals; Counterpart. ............................................................... 44 EXHIBIT A Legal Description of the Property EXHIBIT B Approved Development Budget EXHIBIT C NEPA Mitigation Requirements 863\115\3821898.5 DEVELOPMENT LOAN AGREEMENT Between COUNTY OF CONTRA COSTA And LEGACY COURT, L.P. LEGACY COURT October___, 2024 863\115\3822040.4 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 (Legacy Court – HOME-ARP Loan, Measure X Loan, and PLHA Loan) THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of October ___, 2024, by and among Legacy Court, L.P., a California limited partnership ("Trustor"), Old Republic Title Company, a California corporation ("Trustee"), and the County of Contra Costa a political subdivision of the State of California ("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; 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, 863\115\3822040.4 2 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 Notes (defined in Section 1.10 below) until paid in full or cancelled, and (ii) any other amounts owing under the Loan Documents (defined in Section 1.7 below). Principal and other payments are due and payable as provided in the Notes or other Loan Documents, as applicable. 863\115\3822040.4 3 The Notes and all their 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 "HOME-ARP Loan" means the loan made by Beneficiary to Trustor in the amount of Four Million Three Hundred Eighty-Two Thousand Forty-Seven Dollars ($4,382,047). Section 1.3 The term "HOME-ARP Note" means the promissory note dated of even date herewith executed by Trustor in favor of Beneficiary, as it may be amended or restated in the amount of the HOME-ARP Loan, the payment of which is secured by this Deed of Trust. Section 1.4 The term "Intercreditor Agreement" means that certain Subordination and Intercreditor Agreement of even date herewith, among Trustor, Beneficiary, and the City of Richmond recorded concurrently herewith. Section 1.5 The term "Loan" means the HOME-ARP Loan, Measure X Loan, and PLHA Loan, in the total amount of Six Million Eight Hundred Three Thousand Forty-Seven Dollars ($6,803,047). Section 1.6 The term "Loan Agreement" means that certain Development Loan Agreement between 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\115\3822040.4 4 Section 1.7 The term "Loan Documents" means this Deed of Trust, the Notes, the Loan Agreement, the Intercreditor Agreement, the Regulatory Agreements, and any other agreements, debt, loan or security instruments between Trustor and Beneficiary relating to the Loan. Section 1.8 The term "Measure X Loan" means the loan made by Beneficiary to Trustor in the amount of One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000). Section 1.9 The term "Measure X Note" means the promissory note dated of even date herewith executed by Trustor in favor of Beneficiary, as it may be amended or restated in the amount of the Measure X Loan, the payment of which is secured by this Deed of Trust. Section 1.10 The term "Notes" means the HOME-ARP Note together with the PLHA Note and the Measure X Note. The terms and provisions of the Notes are incorporated herein by reference. Section 1.11 The term "Principal" means the amounts required to be paid under the Notes. Section 1.12 The term "PLHA Loan" means the loan made by Beneficiary to Trustor in the amount of One Million Dollars ($1,000,000). Section 1.13 The term "PLHA Note" means the promissory note dated of even date herewith executed by Trustor in favor of Beneficiary, as it may be amended or restated in the amount of the PLHA Loan, the payment of which is secured by this Deed of Trust. Section 1.14 The term "Regulatory Agreements" means collectively, the following documents of even date herewith by and between Beneficiary and Trustor and recorded concurrently herewith: (i) the County/PLHA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants; and (ii) the HOME-ARP/PLHA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants. 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, 863\115\3822040.4 5 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 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 Notes, 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 863\115\3822040.4 6 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 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 863\115\3822040.4 7 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 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 863\115\3822040.4 8 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 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 4.7(b) 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. 863\115\3822040.4 9 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. 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 Notes 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 Notes in accordance with their 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. 863\115\3822040.4 10 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. 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 863\115\3822040.4 11 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. 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 863\115\3822040.4 12 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 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. 863\115\3822040.4 13 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 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. The notice and cure rights of Trustor's limited partner are set forth in Section 6.5 of the Loan Agreement. 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; 863\115\3822040.4 14 (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 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 Notes; (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 863\115\3822040.4 15 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. 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 863\115\3822040.4 16 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 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: 863\115\3822040.4 17 County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Assistant Deputy Director and (2) if intended for Trustor is to be addressed to: Legacy Court, L.P. c/o Eden Housing, Inc. 22645 Grand Street Hayward, CA 94541 Attention: Chief of Real Estate Development and c/o Community Housing Development Corporation of North Richmond 1535 Fred Jackson Way, Suite A Richmond, CA 94801 Attention: Executive Director With a copy to: NEF Assignment Corporation c/o National Equity Fund, Inc. 10 South Riverside Plaza, Suite 1700 Chicago, Illinois 60606 Attention: Asset Management and to: Craig A. Emden, Esq. Bocarsly Emden Cowan Esmail & Arndt LLP 633 West Fifth Street, Suite 5880 Los Angeles, California 90071 Tel: (301) 634-0500; Fax: (213) 559-0747 Email: cemden@bocarsly.com 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 863\115\3822040.4 18 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 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 863\115\3822040.4 19 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, 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. [signatures on following page] Signature page Legacy Court Deed of Trust 863\115\3822040.4 20 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. LEGACY COURT, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:___________________________________________ Donald Gilmore, Executive Director 863\115\3822040.4 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\115\3822040.4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land referred to is situated in the County of Contra Costa, City of Richmond, State of California, and is described as follows: 863\115\3822036.4 1 PROMISSORY NOTE (Legacy Court – HOME-ARP Loan) $4,382,047 Martinez, California October_____, 2024 FOR VALUE RECEIVED, the undersigned Legacy Court, L.P., 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 Four Million Three Hundred Eighty-Two Thousand Forty-Seven Dollars ($4,382,047) plus interest thereon pursuant to Section 2 below. All capitalized terms used but not defined in this promissory note (the "Note") have the meanings set forth in the Development 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 Four Million Three Hundred Eighty-Two Thousand Forty-Seven Dollars ($4,382,047) with interest for the funds loaned to Borrower by Holder to finance the construction of the Development pursuant to the Development Loan Agreement. Concurrently with the execution of this Note, Borrower is executing the PLHA Note and the Measure X Note. 2. Interest. (a) Subject to the provisions of Subsection (b) below, the HOME-ARP Loan bears simple interest at a rate of three percent (3%) per annum from the date of disbursement until full repayment of the principal balance of the HOME-ARP Loan. (b) If an Event of Default occurs, interest will accrue on all amounts due under this Note at the Default Rate until such Event of Default is cured by Borrower or the Investor Limited Partner waived by Holder. 3. Term and Repayment Requirements. Principal and interest under this Note is due and payable as set forth in Section 2.8 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-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a record of the Permanent Conversion cannot be located or established, the HOME-ARP Loan is due and payable on the fifty-eighth (58th) 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 863\115\3822036.4 2 Borrower and Borrower’s partners, pursuant to and except as provided in Section 2.10 of the Loan Agreement which Section 2.10 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. Event of Default; Acceleration. (a) Upon the occurrence of an Event of 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. (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 an Event of 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 Event of 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. (c) The notice and cure rights of the Investor Limited Partner are set forth in Section 6.5 of the Loan Agreement. 863\115\3822036.4 3 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 HOME-ARP Loan. This Note may not be modified except upon the written consent of the parties. signature on following page Signature page County HOME-ARP Note 863\115\3822036.4 4 IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. BORROWER: LEGACY COURT, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:___________________________________________ Donald Gilmore, Executive Director 863\115\3822051.4 1 PROMISSORY NOTE (Legacy Court – Measure X Loan) $1,421,000 Martinez, California October _____, 2024 FOR VALUE RECEIVED, the undersigned Legacy Court, L.P., 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 One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000) plus interest thereon pursuant to Section 2 below. All capitalized terms used but not defined in this promissory note (the "Note") have the meanings set forth in the Development 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 One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000) with interest for the funds loaned to Borrower by Holder to finance the construction of the Development pursuant to the Development Loan Agreement. Concurrently with the execution of this Note, Borrower is executing the HOME-ARP Note and PLHA Note. 2. Interest. (a) Subject to the provisions of Subsection (b) below, the Measure X Loan bears simple interest at a rate of three percent (3%) per annum from the date of disbursement until full repayment of the principal balance of the Measure X Loan. (b) If an Event of Default occurs, interest will accrue on all amounts due under this Note at the Default Rate until such Event of Default is cured by Borrower or the Investor Limited Partner waived by Holder. 3. Term and Repayment Requirements. Principal and interest under this Note is due and payable as set forth in Section 2.8 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-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a record of the Permanent Conversion cannot be located or established, the Measure X Loan is due and payable on the fifty-eighth (58th) 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 863\115\3822051.4 2 Borrower and Borrower’s partners, pursuant to and except as provided in Section 2.10 of the Loan Agreement which Section 2.10 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. Event of Default; Acceleration. (a) Upon the occurrence of an Event of 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. (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 an Event of 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 Event of 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. (c) The notice and cure rights of the Investor Limited Partner are set forth in Section 6.5 of the Loan Agreement. 863\115\3822051.4 3 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 Measure X Loan. This Note may not be modified except upon the written consent of the parties. signature on following page Signature page County Measure X Note 863\115\3822051.4 4 IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. BORROWER: LEGACY COURT, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:___________________________________________ Donald Gilmore, Executive Director 863\115\3821918.4 1 PROMISSORY NOTE (Legacy Court - PLHA Loan) $1,000,000 Martinez, California October___, 2024 FOR VALUE RECEIVED, the undersigned Legacy Court, L.P., 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 One Million Dollars ($1,000,000) plus interest thereon pursuant to Section 2 below. All capitalized terms used but not defined in this promissory note (the "Note") have the meanings set forth in the Development 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 One Million Dollars ($1,000,000) with interest for the funds loaned to Borrower by Holder to finance the construction of the Development pursuant to the Development Loan Agreement. Concurrently with the execution of this Note, Borrower is executing the HOME-ARP Note and the Measure X Note. 2. Interest. (a) Subject to the provisions of Subsection (b) below, the PLHA Loan bears simple interest at a rate of three percent (3%) per annum from the date of disbursement until full repayment of the principal balance of the PLHA Loan. (b) If an Event of Default occurs, interest will accrue on all amounts due under this Note at the Default Rate until such Event of Default is cured by Borrower or the Investor Limited Partner waived by Holder. 3. Term and Repayment Requirements. Principal and interest under this Note is due and payable as set forth in Section 2.8 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-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a record of the Permanent Conversion cannot be located or established, the PLHA Loan is due and payable on the fifty-eighth (58th) 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 and Borrower’s partners, pursuant to and except as provided in Section 2.10 of the 863\115\3821918.4 2 Loan Agreement which Section 2.10 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. Event of Default; Acceleration. (a) Upon the occurrence of an Event of 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. (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 an Event of 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 Event of 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. (c) The notice and cure rights of the Investor Limited Partner are set forth in Section 6.5 of the Loan Agreement. 863\115\3821918.4 3 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 PLHA Loan. This Note may not be modified except upon the written consent of the parties. signature on following page Signature page County PLHA Note 863\115\3821918.4 4 IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. BORROWER: LEGACY COURT, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:___________________________________________ Donald Gilmore, Executive Director 863\115\3832646.2 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 __________________________________________________________________________ SUBORDINATION AND INTERCREDITOR AGREEMENT (Legacy Court) This Subordination and Intercreditor Agreement (the "Agreement") is dated October _____, 2024 and is among the County of Contra Costa, a political subdivision of the State of California (the "County"), the City of Richmond, a municipal corporation and a charter city (the "City"), and Legacy Court, L.P., 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 or in the County Loan Agreement. B. Borrower acquired from Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation ("CHDC"), that certain real property described as Parcels A, B, and C as shown on Parcel Maps MS______-24, Filed _________,2024 in Book________ of Parcel Maps, Page _________ located at Fred Jackson Way between Willard Avenue and Duboce Avenue, City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to construct forty-three (43) housing units on the Property, forty-two (42) of which are for rental to extremely low, very low-, and low-income households, and one (1) manager's unit (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 has agreed to provide a loan to Borrower of Four Million Three Hundred Eighty-Two Thousand Forty-Seven Dollars ($4,382,047) in HOME-ARP Funds (the "HOME-ARP Loan"), One Million Dollars ($1,000,000) in PLHA Funds (the "PLHA Loan"), and One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000) in Measure X Funds (the "Measure X Loan") for a total loan amount of Six Million Eight Hundred Three Thousand Forty-Seven Dollars ($6,803,047) (the "County Loan"). D. The County Loan is evidenced by the following documents: (i) a Development Loan Agreement between the County and Borrower of even date herewith (the "County Loan 863\115\3832646.2 2 Agreement"), (ii) a promissory note executed by Borrower of even date herewith for the benefit of the County in the amount of the HOME-ARP Loan (the "HOME-ARP Note"), (iii) a promissory note executed by Borrower of even date herewith for the benefit of the County in the amount of the PLHA Loan (the "PLHA Note"), (iv) a promissory note executed by Borrower of even date herewith for the benefit of the County in the amount of the Measure X Loan (together with the HOME-ARP Note and the PLHA Note, the "County Notes"), (v) a Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing 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 securing the County Loan (the "County Deed of Trust"), (vi) a County/PLHA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower recorded against the Property concurrently herewith (the "County/PLHA Regulatory Agreement"), and (vii) a HOME/PLHA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower recorded against the Property concurrently herewith (the "HOME/PLHA/Measure X Regulatory Agreement"). The County Deed of Trust, the County/PLHA/Measure X Regulatory Agreement, and the HOME/PLHA/Measure X Regulatory Agreement are collectively referred to as the "County Recorded Documents." E. The City previously provided CHDC a loan in the approximate amount of One Million Ninety-Nine Thousand Five Hundred Ninety-Three Dollars ($1,099,593) (the "City Loan"), as assigned to Borrower pursuant to that certain Assignment, Assumption, and Amendment of Loan Documents, and Consent to Transfer of Property by and among CHDC, the City, and Borrower, dated as of October 1, 2024 (the "City Assignment"). The City Loan is evidenced by the following documents (among others, and as assigned to Borrower pursuant to the City Assignment): (i) a predevelopment loan agreement among CHDC, the City, and the former Richmond Redevelopment Agency dated September 30, 2010 (the "City Loan Agreement") (ii) an Amended and Restated Deed of Trust and Security Agreement, and Fixture Filing dated as of September 22, 2010, executed by CHDC as trustor for the benefit of City and the former Richmond Redevelopment Agency, and recorded against the Property on October 6, 2010 as Instrument No. 2010-215530, as amended by an Amendment to Deed of Trust and Loan Documents dated as of April 30, 2024 and recorded against the Property on May 6, 2024 as Document No. 2024-0042189, and as amended by a Second Amendment to Deed of Trust dated as of October 1, 2024, and executed by Borrower for the benefit of the City (the "City Deed of Trust"), (iii) an Amended and Restated Secured Promissory Note executed by Borrower dated October 1, 2024 for the benefit of the City in the amount of the City Loan (the "City Note"), and (iv) an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants dated as of December 16, 2009 and recorded against the Property on December 23, 2009 as Instrument No., 2009-0299877, as amended, (the "City Regulatory Agreement"). The City Deed of Trust and the City Regulatory Agreement are collectively referred to as the "City Recorded Documents." Pursuant to the City Loan Agreement, the City provided a grant of CDBG-DR funds in the amount of One Hundred Thirty-Six Thousand Dollars ($136,000) (the "City Grant") which was used for demolition and asbestos removal on the Property. F. The City and the County desire to (i) subordinate the City Recorded Documents to the County Recorded Documents, and (iii) divide the Lenders' Share of Residual Receipts and Local Lenders' Share of Residual Receipts, as described herein. 863\115\3832646.2 3 NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Definitions. The following terms have the following meanings: (a) "Annual City Financing Payment" has the meaning in Section 2(b). (b) "Annual County Loan Payment" has the meaning in Section 2(a). (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 and servicing fees currently due on a non-optional basis (excluding debt service due from residual receipts or surplus cash of the Development) on the 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. payment to HCD of a portion of the accrued interest on the HCD NPLH Loan pursuant to California Code of Regulations, Title 25, Section 7308; v. 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; vi. the Partnership Management/Asset Fee; vii. 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 Management/Asset Fee; viii. premiums for insurance required for the Improvements to satisfy the requirements of any lender of Approved Financing; ix. utility services not paid for directly by tenants, including water, sewer, and trash collection; x. maintenance and repair expenses and services; xi. any annual license or certificate of occupancy fees required for operation of the Development; 863\115\3832646.2 4 xii. security services; xiii. advertising and marketing; xiv. cash deposited into the Replacement Reserve Account in the amount set forth in Section 4.1(a) of the County Loan Agreement; xv. cash deposited into the Operating Reserve Account to maintain the amount set forth in Section 4.1(b) of the County Loan Agreement (excluding amounts deposited to initially capitalize the account); xvi. payment of any previously unpaid portion of Priority Portion of Developer Fee (without interest), not to exceed the amount set forth in Section 3.18 of the County Loan Agreement; xvii. extraordinary operating costs specifically approved in writing by the County and the City; xviii. the HOME Monitoring Fee; 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 construction of the Development in addition to the County Loan and the City Financing: i. construction loan from the Bank in the amount of $________________ , (the "Bank Construction Loan"), which will convert to a permanent loan in the approximate amount of ________ Dollars ($_______) (the "Bank Permanent Loan"); ii. permanent loan from HCD of No Place Like Home Program funds in the amount of Three Million Sixty-Eight Thousand Seven Hundred Eighty-Six Dollars ($3,068,786) (the "HCD NPLH Loan"); iii. construction loan from Eden Housing, Inc. of State of California earmark funds in the amount of Three-Million Dollars ($3,000,000) (the "Eden Sponsor Loan"); 863\115\3832646.2 5 iv. construction loan from CHDC of City grant funds in the amount of Two Hundred Sixty-Nine Thousand Seven Hundred Ninety-Two Dollars ($269,792), and Department of Toxic Substance and Control funds in the amount of Four Hundred Sixty-Four Thousand Nine Hundred Forty Dollars ($464,940) (the "CHDC Sponsor Loan"); v. Low Income Housing Tax Credit investor equity funds in the approximate amount of _______________ Dollars ($[22,854,969]) (the "Tax Credit Investor Equity") provided by the Investor Limited Partner; and vi. capital contribution from Borrowers' general partner in the amount of $100 (the "GP Capital Contribution"). (e) "Available Net Proceeds" means the result obtained by multiplying the Net Proceeds of Permanent Financing by 0.75. (f) "Bank" means Silicon Valley Bank, a division of First-Citizens Bank & Trust Company, and its successors and assigns. (g) "Bank Construction Loan" has the meaning set forth in Section 1(d)(i). (h) "Bank Permanent Loan" has the meaning set forth in Section 1(d)(i). (i) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (j) "CHDC" has the meaning set forth in Paragraph B of the Recitals. (k) "CHDC Sponsor Loan" has the meaning set forth in Section 1(d)(iv). (l) "City" has the meaning set forth in the first paragraph of this Agreement. (m) "City Additional Prorata Share" means the result obtained by dividing the City Financing by the sum of the County Loan and the City Financing, to the extent all such funds are disbursed. (n) "City Financing" means the sum of the City Grant and the City Loan. (o) "City Grant" has the meaning set forth in Paragraph E of the Recitals. (p) "City Loan" has the meaning set forth in Paragraph E of the Recitals. (q) "City Loan Agreement" has the meaning set forth in Paragraph E of the Recitals. (r) "City Note" has the meaning set forth in Paragraph E of the Recitals. (s) "City Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the City Financing minus any Special City Financing Repayment, by the sum of (i) the County Loan minus any Special County Loan Repayment, (ii) the City Financing 863\115\3832646.2 6 minus any Special City Financing Repayment, and (iii) the HCD NPLH Loan, to the extent all such funds are disbursed. (t) "City Recorded Documents" has the meaning set forth in Paragraph E of the Recitals. (u) "County" has the meaning set forth in the first paragraph of this Agreement. (v) "County Additional Prorata Share" means the result obtained by dividing County Loan by the sum of the County Loan and the City Financing, to the extent all such funds are disbursed. (w) "County Loan" has the meaning set forth in Paragraph C of the Recitals. (x) "County Loan Agreement" has the meaning set forth in Paragraph D of the Recitals. (y) "County Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the County Loan minus any Special County Loan Repayment, by the sum of (i) the County Loan minus any Special County Loan Repayment, (ii) the City Financing minus any Special City Financing Repayment, and (iii) the HCD NPLH Loan, to the extent all such funds are disbursed. (z) "County Notes" has the meaning set forth in Paragraph D of the Recitals. (aa) "County Recorded Documents" has the meaning set forth in Paragraph D of the Recitals. (bb) "Default Rate" means a rate of interest equal to the lesser of the maximum rate permitted by law and ten percent (10%) per annum. (cc) "Development" has the meaning set forth in Paragraph B of the Recitals. (dd) "Eden Sponsor Loan" has the meaning set forth in Section 1(d)(iii). (ee) "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. (ff) "Final Cost Certification" means the Final Cost Certification Sources and Uses of Funds prepared by Borrower for the Development that (1) Borrower submits to the California Tax Credit Allocation Committee, and (2) has been prepared using generally accepted accounting standards in effect in the United States of America from time to time, consistently applied. (gg) "Final Development Cost" means the total of the cost of acquisition and construction of the Development as shown on the Final Cost Certification. 863\115\3832646.2 7 (hh) "GP Capital Contribution" has the meaning set forth in Section 1(d)(vi). (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" means the California Department of Housing and Community Development. (kk) "HCD NPLH Loan" has the meaning set forth in Section 1(d)(ii). (ll) "HOME-ARP Loan" has the meaning set forth in Paragraph C of the Recitals. (mm) "HOME Monitoring Fee" has the meaning set forth in Section 3.20 of the County Loan Agreement. (nn) "HUD" has the meaning set forth in Paragraph B of the Recitals. (oo) "Improvements" has the meaning set forth in Paragraph B of the Recitals. 863\115\3832646.2 8 (pp) "Investor Limited Partner" means, NEF Assignment Corporation, as nominee, an Illinois not-for-profit corporation, and its permitted successors and assigns. (qq) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (rr) "Local Lenders'" means the City and the County. (ss) "Local Lenders' Share of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. (tt) "Measure X Loan" has the meaning set forth in Paragraph C of the Recitals. (uu) "Net Proceeds of Permanent Financing" means the amount by which Permanent Financing exceeds the Final Development Costs. (vv) "Parties" means the City, the County, and Borrower. (ww) "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. (xx) "Partnership Management/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, 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 as set forth in Section 3.19 of the County Loan Agreement. (yy) "Permanent Conversion" means the date the Bank Construction Loan converts to the Bank Permanent Loan. (zz) "Permanent Financing" means the sum of the following amounts: (i) the County Loan; (ii) the City Financing; (iii) the HCD NPLH Loan; (iv) the Bank Permanent Loan; (v) the Eden Sponsor Loan; (vi) the CHDC Sponsor Loan; (vii) the Tax Credit Investor Equity; and (viii) the GP Capital Contribution. (aaa) "PLHA Loan" has the meaning set forth in Paragraph C of the Recitals. (bbb) "PLHA Note" has the meaning set forth in Paragraph C of the Recitals. (ccc) "Priority Portion of Developer Fee" has the meaning set forth in Section 3.18 of the County Loan Agreement. (ddd) "Property" has the meaning set forth in Paragraph B of the Recitals. (eee) "Residual Receipts" means for each calendar year, the amount by which 863\115\3832646.2 9 Gross Revenue exceeds Annual Operating Expenses. (a) "Special City Financing Payment" has the meaning in Section 3(b). (b) "Special County Loan Payment" has the meaning set forth in Section 3(a). (c) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. (d) "Tax Credit Investor Equity" has the meaning set forth in Section 1(d)(v). (e) "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-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a record of the Permanent Conversion cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this Agreement. 2. Annual Payments to County and City. (a) County Loan. i. Commencing on May 1, 2027, and on May 1 of each year thereafter during the Term, Borrower shall make a loan payment to the County in an amount equal to the sum of (1) the County Prorata Percentage of the Lenders' Share of Residual Receipts, and (2) the result obtained by multiplying the County Additional Prorata Share by the Local Lenders' Share of Residual Receipts (each such payment, an "Annual County Loan Payment"). The County shall apply all Annual County Loan Payments to the County Loan as follows: (1) first, to accrued interest, and (2) second, to principal. ii. Borrower shall repay the County Loan pursuant to the terms of the County Loan Agreement and the County Notes. 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 Notes if such amendment or waiver could reasonably be deemed to materially adversely affect the City, without the City's prior written approval, which the City may withhold in its sole discretion. Without limiting the generality of the foregoing, the County will not amend the following Sections of the County Loan Agreement without the prior written consent of City: Section 3.18 (Developer Fee), Section 3.19 (Partnership Management/Asset Fees), Section 3.20 (HOME Monitoring Fee), Section 4.1 (Reserve Accounts). (b) City Financing. i. Commencing on May 1, 2027, and on May 1 of each year thereafter during the Term, Borrower shall make a loan payment to the City in an amount equal to the sum of (1) the City Prorata Percentage of the Lenders' Share of Residual Receipts, and (2) the result obtained by multiplying the City Additional Prorata Share by the Local Lenders' Share of Residual Receipts (each such payment, an "Annual City Financing Payment"). The City shall apply all Annual City Financing Payments to the City Financing as follows: (1) first, to accrued 863\115\3832646.2 10 interest, and (2) second, to principal for the City Financing. ii. Borrower shall repay the City Financing 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. Special Repayment from Net Proceeds of Permanent Financing. (a) To the extent consistent with the regulations applicable to the HCD NPLH Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the County as a special repayment of the County Loan, an amount equal to the result obtained by multiplying the County Additional Prorata Percentage by the Available Net Proceeds (the "Special County Loan Payment"). (b) To the extent consistent with the regulations applicable to the HCD NPLH Loan, no later than ten (10) days after the date Borrower receives its final capital contribution from the Investor Limited Partner, Borrower shall pay to the City as a special repayment of the City Financing, an amount equal to the result obtained by multiplying the City Additional Prorata Percentage by the Available Net Proceeds (the "Special City Financing Payment"). (c) No later than one hundred eighty (180) days following completion of construction of the Development, Borrower shall submit to the County and the City a preliminary calculation of the Net Proceeds of Permanent Financing and a draft of the Final Cost Certification. The County and the City shall approve or disapprove Borrower's determination of the amount of the Net Proceeds of Permanent Financing in writing within thirty (30) days of receipt. If Borrower's determination is disapproved by the County or the City, Borrower shall re- submit documentation to the County and the City until approval of the County and the City is obtained. 4. Reports and Accounting of Residual Receipts. (a) Annual Reports. In connection with the Annual County Loan Payment and the Annual City Financing Payment, Borrower shall furnish to the City and the County: 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 31st 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' Portion of Residual Receipts is accurate based on Operating Income and Annual Operating Expenses; and 863\115\3832646.2 11 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 7 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 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. Subordination. (a) The County Recorded Documents will unconditionally be and at all times remain a lien or charge on the Property prior and superior to the City Recorded Documents. 863\115\3832646.2 12 (b) The City intentionally and unconditionally subordinates all of its rights, titles and interests in and to the Property that result from the City Recorded Documents, to the lien or charge of the County Recorded Documents upon the Property and understands that in reliance upon, and in consideration of, this subordination, specific loan modifications are being and will be made by the County and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this subordination. 6. Notice of Default. 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 City Financing and the County Loan. 7. 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 Richmond 450 Civic Center Plaza Richmond, CA 94804 Attention: City Manager County: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, California 94553 Attention: Assistant Deputy Director Borrower: Legacy Court, L.P. c/o Eden Housing, Inc. 22645 Grand St. Hayward, CA 94541 Attention: Executive Director and c/o Community Housing Development Corporation of North Richmond 1535 Fred Jackson Way, Suite A Richmond, CA 94801 Attention: Executive Director Investor Limited Partner: NEF Assignment Corporation c/o National Equity Fund, Inc. 10 South Riverside Plaza, Suite 1700 Chicago, Illinois 60606 863\115\3832646.2 13 Attention: Asset Management With a copy to: Craig A. Emden, Esq. Bocarsly Emden Cowan Esmail & Arndt LLP 633 West Fifth Street, Suite 5880 Los Angeles, California 90071 Tel: (301) 634-0500; Fax: (213) 559-0747 Email: cemden@bocarsly.com 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). 8. 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. 9. California Law. This Agreement is governed by the laws of the State of California. 10. 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. 11. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the subordination of the City Recorded Documents to the lien or charge of the County Recorded Documents and the division of the Lenders' Share of Residual Receipts, and Local Lenders' Share of Residual Receipts between the City and the County. 12. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 13. Amendments. This Agreement may not be modified except by written instrument executed by and amongst the Parties. [Remainder of Page Left Intentionally Blank] Signature Page Legacy Court Intercreditor and Subordination Agreement with the City of Richmond 863\115\3832646.2 S-1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. BORROWER: Legacy Court, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:__________________________________ Donald Gilmore, Executive Director [signatures continue of following page] Signature Page Legacy Court Intercreditor and Subordination Agreement with the City of Richmond 863\115\3832646.2 S-2 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 ATTEST: By:__________________________ City Clerk APPROVED AS TO FORM: By:_____________________ City Attorney CITY: CITY OF RICHMOND, a California municipal corporation and a charter city By: ____________________________________ Kinshasa Curl, City Manager 863\115\3832646.2 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. 863\115\3832646.2 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. 863\115\3832646.2 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\115\3832646.2 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land referred to is situated in the County of Contra Costa, City of Richmond, State of California, and is described as follows: - 1 - 863\115\3833095.3 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 27383 and 27388.1 ______________________________________________________________________________ SUBORDINATION AGREEMENT (Legacy Court - Sponsor Loan) This Subordination Agreement (the "Agreement") is dated October ___, 2024, and is by and among the County of Contra Costa, a political subdivision of the State of California (the "County"), Eden Housing, Inc. a California nonprofit public benefit corporation ("Eden"), Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation ("CHDC" and along with Eden, the "Sponsor") and Legacy Court, L.P., a California limited partnership (the "Borrower"), with reference to the following facts: RECITALS A. Defined terms used but not defined in these recitals are as defined in the County Loan Agreement. B. Borrower has acquired from CHDC that certain real property described as Parcels A, B, and C as shown on Parcel Maps MS______-24, Filed _________, 2024 in Book________ of Parcel Maps, Page _________ located at Fred Jackson Way between Willard Avenue and Duboce Avenue, City of Richmond, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to construct forty-three (43) housing units on the Property, forty-two (42) of which are for rental to extremely low, very low-, and low-income households, and one (1) manager's unit (the "Development"). C. Eden provided Borrower a loan in the amount of [Three-Million Dollars ($3,000,000)] (the "Eden Sponsor Loan"), evidenced by a Promissory Note executed by Borrower, dated October _____, 2024 (the "Eden Sponsor Note"), and is secured by a Deed of Trust with Assignment of Rents dated as of October ____, 2024, and recorded in the Official Records of the County of Contra Costa on _____, as Instrument No. _____ (the "Eden Sponsor Deed of Trust"). D. CHDC provided Borrower a loan in the amount of [Seven Hundred Thirty-Four Thousand Seven Hundred Thirty-Two Dollars ($734,732)] (the "CHDC Sponsor Loan"), evidenced by a Promissory Note executed by Borrower, dated October _____, 2024 (the - 2 - 863\115\3833095.3 "CHDC Sponsor Note"), and is secured by a Deed of Trust with Assignment of Rents dated as of October ____, 2024, (the "CHDC Sponsor Deed of Trust"). All documents executed by Borrower and/or Sponsor in connection with Eden Sponsor Loan and the CHDC Sponsor Loan, including, but not limited to, the Eden Sponsor Note, the Eden Sponsor Deed of Trust, the CHDC Sponsor Note, and the CHDC Sponsor Deed of Trust, are collectively referred to as the "Sponsor Loan Documents." E. The County has agreed to provide a loan to Borrower comprised of Four Million Three Hundred Eighty-Two Thousand Forty-Seven Dollars ($4,382,047) in HOME-ARP Funds, One Million Dollars ($1,000,000) in PLHA Funds, and One Million Four Hundred Twenty-One Thousand Dollars ($1,421,000) in Measure X Funds, for a total loan amount of Six Million Eight Hundred Three Thousand Forty-Seven Dollars ($6,803,047) (the "County Loan"). F. The County Loan is evidenced by the following documents: (i) a Development Loan Agreement between the County and Borrower dated ________, 2024 (the "County Loan Agreement"), (ii) a promissory note executed by Borrower dated ________, 2024 for the benefit of the County in the amount of the HOME-ARP Loan (the "HOME-ARP Note"), (iii) a promissory note executed by Borrower dated ________, 2024 for the benefit of the County in the amount of the PLHA Loan (the "PLHA Note"), (iv) a promissory note executed by Borrower dated ________, 2024 for the benefit of the County in the amount of the Measure X Loan (the "Measure X Note"), (v) a Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing dated ________, 2024 among Borrower, as trustor, Old Republic Title Company, as trustee, and the County, as beneficiary, recorded against the Property concurrently herewith securing the County Loan (the "County Deed of Trust"), (vi) a County/PLHA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants dated ________, 2024, between the County and Borrower recorded against the Property concurrently herewith (the "County/PLHA Regulatory Agreement"), (vii) a HOME/PLHA/Measure X Regulatory Agreement and Declaration of Restrictive Covenants dated ________, 2024, between the County and Borrower recorded against the Property concurrently herewith (the "HOME/PLHA/Measure X Regulatory Agreement"), and (viii) a Subordination and Intercreditor Agreement dated _________, 2024 among the County, the City of Richmond, and Borrower recorded against the Property concurrently herewith (the "Intercreditor Agreement"). All documents executed by Borrower in connection with the County Loan, including, but not limited to, the County Loan Agreement, the HOME- ARP Note, the Measure X Note, the PLHA Note, the County/PLHA/Measure X Regulatory Agreement, the HOME/PLHA/Measure X Regulatory Agreement, the Intercreditor Agreement, and the County Deed of Trust are collectively referred to as the "County Loan Documents". G. As a condition to making the County Loan, the County requires that the County Loan Documents be unconditionally and at all times remain a lien or charge upon the Property, prior and superior to all the rights of the Sponsor under the Sponsor Loan Documents, and that the Sponsor specifically and unconditionally subordinate the Eden Sponsor Deed of Trust and the CHDC Sponsor Deed of Trust (collectively, the "Sponsor Deeds of Trust") to the lien or charge of the County Loan Documents. - 3 - 863\115\3833095.3 H. It is to the mutual benefit of the parties that the County make the County Loan and the Sponsor and Borrower agree to the subordination in favor of the County. NOW, THEREFORE, for valuable consideration and to induce the County to make the County Loan, the parties agree as follows: AGREEMENT 1.1 The County Loan Documents will unconditionally be and at all times remain a lien or charge on the Property prior and superior to the Sponsor Loan Documents. 1.2 This Agreement is the whole agreement with regard to the subordination of the Sponsor Loan Documents to the lien or charge of the County Loan Documents. 1.3 The parties agree to cooperate with each other and perform any acts and execute, acknowledge and deliver any additional agreements, documents, or instruments that may be reasonably necessary or desirable to carry out the provisions or to effectuate the purpose of this Agreement, including, without limitation, execution, acknowledgment, delivery and recordation of any document necessary to clear title to the Property after a foreclosure under the County Deed of Trust, or a transfer of the Property by an assignment or a deed in lieu of foreclosure under the County Deed of Trust. 1.4 The Sponsor further declares, agrees, and acknowledges for the benefit of the County, that: 1.4.1 The County, in making disbursements of the proceeds of the County Loan, is under no obligation or duty to, nor has County represented that it will, see to the application of such proceeds by the person or persons to whom the County disburses such proceeds, and any application or use of such proceeds for purposes other than those provided for in the County Loan Documents will not defeat the subordination made in this Agreement in whole or in part; 1.4.2 The Sponsor intentionally and unconditionally subordinates all of its rights, titles and interests in and to the Property that result from the Sponsor Loan Documents, including the Sponsor Deeds of Trust, to the lien or charge of the County Loan Documents upon the Property and understands that in reliance upon, and in consideration of, this subordination, specific loans and advances are being and will be made by the County and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this subordination; and 1.4.3 The Sponsor consents to the County Loan and the execution and delivery by Borrower to the County of the County Loan Documents. 1.5 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 - 4 - 863\115\3833095.3 full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 1.6 No alteration or variation of the terms of this Agreement is valid unless made in writing by the parties. 1.7 This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. [Signature Pages to Follow] Signature Page to Subordination Agreement (County/Sponsor) S-1 863\115\3833095.3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. 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 Chief Assistant County Counsel By: Kathleen Andrus Deputy County Counsel EDEN: Eden Housing, Inc., a California nonprofit public benefit corporation By:________________________________ Aruna Doddapaneni, Senior Vice President of Development CHDC: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation By:__________________________________ Donald Gilmore, Executive Director [signatures continue on following page] Signature Page to Subordination Agreement (County/Sponsor) S-2 863\115\3833095.3 PARTNERSHIP: LEGACY COURT, L.P., a California limited partnership By: Legacy Court LLC, a California limited liability company, its general partner By: Eden Housing, Inc. a California nonprofit public benefit corporation, its managing member By:________________________________ Aruna Doddapaneni, Senior Vice President of Development By: Community Housing Development Corporation of North Richmond, a California nonprofit public benefit corporation, its managing member By:__________________________________ Donald Gilmore, Executive Director 863\115\3833095.3 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. 863\115\3833095.3 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. 863\115\3833095.3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the County of Contra Costa, City of Richmond, State of California, and is described as follows: 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3262 Name: Status:Type:Consent Item Passed File created:In control:9/23/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE, under a grant deed of development rights held by the County, Soil Engineering Construction, Inc., to conduct site improvements, including grading and construction of a retaining wall, for landslide mitigation purposes, on Assessor's Parcel Nos. 433-020-056 and 433-020- 057, located at 600 and 610 Stanley Lane in the El Sobrante area; and MAKE related findings under the California Environmental Quality Act, as recommended by the Conservation and Development Director. (100% applicant fees) Attachments:1. Attachment 1 - CDDP23-03014 Permit, 2. Attachment 2 - Grant Deed of Development Rights, 3. Attachment 3 - Maps, 4. Attachment 4 - Project Plans Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Authorization to construct a retaining wall within a restricted development area on the properties located at 600 and 610 Stanely Lane in the El Sobrante area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.FIND that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15303(e); 2.APPROVE and AUTHORIZE,under the terms of the attached grant deed of development rights held by the County,Soil Engineering Construction,Inc.to conduct landslide mitigations,including grading and construction of a retaining wall ranging from 5-11 feet in height and +112 linear feet in length on APN 433-020 -056 and 433-020-057 (600 and 610 Stanley Lane)in the El Sobrante area,in accordance with development plan #CDDP23-03014; 3.DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk. FISCAL IMPACT: There is no fiscal impact.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: CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:24-3262,Version:1 The Community Development Division (CDD)previously considered the proposed project under Development Plan CDDP17-03028.A landslide occurred to the rear of two existing single-family residences addressed 600 and 610 Stanley Lane sometime between September 2015,and February 2016.The landslide severely eroded the rear yards and posed a continuing hazard to existing improvements on these parcels.On July 6,2017, Development Plan #CDDP17-03028 was filed with the CDD for the purpose of constructing a retaining wall to mitigate the landslide area.However,creek bank stability immediately adjacent to the landslide had since worsened and were threatening improvements on two residential lots such that the project proponent considered proceeding with the retaining wall construction to be an emergency and constructed the retaining wall without permits while CDDP17-03028 was still under review by the CDD.The County Zoning Administrator ultimately approved CDDP17-03028 on October 15,2018.This approval was contingent on the Board of Supervisor’s approval to authorize the retaining wall within areas of the subject property wherein development rights had been dedicated to the County.However,the project was not heard by the Board of Supervisors for approval and unfortunately,the approved development plan expired.As a result,the applicant has submitted the current development plan application (#CDDP23-03014) seeking the same approval for the same project. On September 4,2024,the Zoning Administrator conducted a noticed public hearing on the application.No public testimony was received,and the Zoning Administrator approved the application contingent on Board of Supervisor’s authorization to issue building permits legalizing the as-built retaining wall improvements. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The project is categorically exempt from environmental review pursuant to CEQA guidelines section 15303(e), which exempts,amongst others,projects consisting of the construction of small structures,including accessory structures and retaining walls.The project includes the construction of a retaining wall that has been engineered to mitigate hazardous conditions associated with a landslide which previously occurred on site.There is no substantial evidence that the project involves unusual circumstances,including future activities,resulting in,or which might reasonably result in,significant impacts which threaten the environment.None of the exceptions in CEQA guidelines section 15300.2 apply.The Zoning Administrator’s approval of the Development Plan application on September 4,2024,included the aforementioned finding that the project was exempt from environmental review under CEQA guidelines section 15303(e). CONCLUSION AND STAFF RECOMMENDATION The restricted development area coincides with the creek structure setback area along San Pablo Creek. Considering that the slide plane from the circa 2015 landslide is located within the restricted development area, the ongoing slope stability after the landslide could not be completely addressed absent grading/construction activities within the restricted development area.The as-built retaining wall was designed to minimize construction activity in the creek channel and incorporates recommendations of the consulting geotechnical engineer to address the hazard posed to existing residences by the geologic hazard.Since the restricted area is located immediately adjacent to residences,leaving little to no area outside of the restricted development area where such improvements could feasibly be relocated,staff recommends that the Board of Supervisors authorize the grading and site improvements on portions of APN 433-020-056 and 433-020-057 where the development rights have been granted to the County. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:24-3262,Version:1 If not approved,development plan County File No.CDDP23-03014 will be denied,existing retaining wall improvements within the restricted development area will need to be removed and relocated outside of the restricted development area. CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ CONTRA COSTA COUNTY DEPARTMENT OF CONSERVATION AND DEVELOPMENT COMMUNITY DEVELOPMENT DIVISION APPROVED PERMIT PERMIT, and a tree permit for work within the driplines of five code-protected Oak trees, for a retaining wall with a maximum height of 11-feet and 0-foot side yards on two adjacent properties, with an exception to the Creek Structure Setback requirements of Title 9 of the County Code, in the EL SOBRANTE area is hereby APPROVED, subject to the attached conditions of approval. Unless otherwise provided, THIS PERMIT WILL EXPIRE ONE (1) YEAR from the approved date if the use allowed by this permit is not established within that time. PLEASE NOTE THE APPROVAL DATE, as no further notification will be sent by this office. FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #CDDP23-3014, SCOTT TAYLOR – SOIL ENGINEERING CONSTRUCTION (APPLICANT) AND JOHN & BARBARA VANEK AND MARGARITA & RAMON NAVARRO (OWNERS) AS APPROVED BY THE ZONING ADMINISTRATOR ON SEPTEMBER 4, 2024 FINDINGS A. Development Plan Modification Finding 1. Required Finding: That the proposal is consistent with the purpose of the zoning district. Staff Finding: The subject properties are located within the Planned Unit District (P-1), which was originally established under County File # 2475-RZ. Under Tract 6465 and County File #DP85-3018, the development standards were established for the subdivision that the two subject properties are a part of, which include a 20-foot front setback, a 3-foot side yard, a 15-foot aggregate side yard, and a 15-foot rear yard. The retaining wall, ranging in height from 5-11 feet (15 foot maximum), is a use consistent with and accessory to single-family residential development, which has been established for the two subject properties and the surrounding neighborhood. The retaining wall crosses the shared side property line between 600 and 610 Stanley Lane, resulting in zero-foot side yards. As such, a modification is required for the portion of the wall that encroaches upon these setbacks. Due to the nature of the request stemming from a landslide behind the two residences, a geotechnical study was submitted with this application. This study recommended a retaining wall in the subject location and configuration with a maximum height of 11 feet in order to stabilize the soil behind the residences. As such, there is a special circumstance for these properties that necessitate the need for a retaining wall in the subject location with zero-foot side yards. Moreover, the retaining wall is a use consistent with the P-1 zoning and final development plan for the subject properties, and there is a special circumstance for these properties that necessitate the need for a retaining wall in the subject location with zero-foot side yards. 2 Required Finding: That the proposal is architecturally compatible with other uses in the vicinity, both inside and outside the zoning district. Staff Finding: The project involves the construction of a new retaining wall within the restricted development area in the rear yard of two adjacent properties and within the creek structure setback area, ranging in height from 5 to 11 feet, spanning 112 feet in length, and with zero-foot side yards (where three feet is Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 2 of 11 required) for the portion of the retaining wall that crosses the shared side property line between 600 and 610 Stanley Lane. This retaining wall is for the purpose of stabilizing the soil behind two existing single-family residences after a landslide event. Due to the nature of the request stemming from a landslide behind the two residences, a geotechnical study was submitted with this application. This study recommended a retaining wall in the proposed location and configuration with a maximum height of 11 feet in order to stabilize the soil behind the residences. A retaining wall is a compatible use that is accessory to the established single-family residences on the subject property and in the surrounding neighborhood. Furthermore, the retaining wall was constructed based on the recommendations of the geotechnical study for the purpose of stabilizing the soil behind the two subject residences is a matter of building safety to preserve the existing residences and provide a safe living environment on-site. The retaining wall is at the rear of the properties and at a lower elevation than the front of the residences, so they would not be visible from the street and would not create a visual nuisance to adjacent properties to the front, side or rear of the subject properties. As such, the project will be architecturally compatible with the surrounding neighborhood and other uses in the vicinity. B. Tree Permit Findings Required Factors for Granting Permit. The Zoning Administrator is satisfied that the following factors as provided by County Code Section 816-6.8010 for granting a tree permit have been satisfied: • Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another area of the lot; C. Title 9 Exception Findings Subject to the Subdivision Map Act, the advisory agency may authorize exceptions to any of the requirements and regulations set forth in this title. Before granting any such exception, the advisory agency shall find: 1. Required Finding: That there are unusual circumstances or conditions affecting the property. Staff Finding: The unusual circumstance affecting the subject properties that Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 3 of 11 would require an exemption to construct a retaining wall within the creek structure setback area is the landslide that occurred on the subject properties. This retaining wall is for the purpose of stabilizing the soil behind two existing single-family residences after a landslide event. Pursuant to Section 74-6.010 and Section 914-14.014 of the County Ordinance, no permanent structures of any kind, other than drainage structures, may be constructed within, under or over any structure setback area. The purpose of the retaining wall is to protect the residences from a large landslide that threatens the stability of the soil beneath the homes. The wall will not have any effect on the creek because of the distance from the 100-year flood zone and is not intended to stabilize the creek bank below the proposed wall. Therefore, the retaining wall cannot be considered to be a drainage facility and in order for the County to approve the construction of a retaining wall within the creek structure setback area, an exception under Title 9, Section 92-6.002, must be granted. Staff finds that the landslide’s degradation of the rear yards of the two properties and the potential for further damage to the existing residences constitutes an unusual circumstance affecting the subject properties. 2. Required Finding: That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff Finding: As a result of the landslide that occurred at the rear of the two subject properties, the two subject residences are at risk of sliding down the hill. This retaining wall is for the purpose of stabilizing the soil behind two existing single-family residences after a landslide event. Staff finds that the landslide’s degradation of the rear yards of the two properties and the potential for further damage to the existing residences, if the retaining wall was not constructed constitutes the necessity for the retaining wall’s construction. As such, granting this exception is necessary for the preservation and enjoyment of the subject properties. 3. Required Finding: That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. Staff Finding: The granting of the exception to construct a retaining wall within the creek structure setback area will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The slide repair work is fully contained within the rear yards of the two Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 4 of 11 subject properties, and the retaining wall serves the purpose of stabilizing the soil on the slope in the rear of the properties, which improves safety to the residences and neighboring residences. Therefore, the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. CONDITIONS OF APPROVAL FOR COUNTY FILE #CDDP23-03014 Project Approval 1. A DEVELOPMENT PLAN MODIFICATION for a new retaining wall within the restricted development area in the rear yard of two adjacent properties and within the creek structure setback area, ranging in height from 5 to 11 feet, spanning 112 feet in length, and with zero-foot side yards (where three feet is required) for the portion of the retaining wall that crosses the shared side property line between 600 and 610 Stanley Lane in the El Sobrante area is generally APPROVED based on the revised application materials and plans received by the Department of Conservation and Development, Community Development Division on June 6, 2023, and is subject to the conditions below. 2. Tree Permit approval is granted to allow work within the drip lines of five code- protected oak trees ranging in size from 8 to 24 inches in diameter. General Provisions 3. Any deviation from or expansion beyond the limits of this permit may necessitate the filing and approval of a request for modification to the Development Plan Permit approval. Grant Deed of Development Rights 4. This approval is contingent upon receiving the Board of Supervisors’ approval to construct the new retaining wall within the area where development rights have been grant deeded to the County pursuant to CDSD85-6465. Building Permits 5. Within 45 days of the Board of Supervisors’ approval, the applicant shall obtain all appropriate building permits required for the construction of the retaining wall. Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 5 of 11 Security for Possible Damage to Trees Intended for Preservation 6. Pursuant to the requirements of Section 816-6.1204 of the Tree Protection and Preservation Ordinance, to address the possibility that construction activity damages trees that are to be preserved, the applicant shall provide the County with a security to allow for replacement of trees that are significantly damaged or destroyed by construction activity. Prior to issuance of building permits, the applicant shall provide a cash or surety bond that is acceptable to the CDD. A. Amount of Security: The security shall be an amount sufficient to cover: i. Preparation of a landscaping and irrigation plan by a licensed landscape architect, arborist, or landscape contractor for the review and approval of the CDD. The plan shall provide for planting of up to twelve (12) 15-gallon-size trees of species appropriate for the subject site. The plan shall comply with the County’s Water Efficient Landscapes Ordinance, and verification of such shall accompany the plan. If deemed necessary by the CDD, the plan shall be implemented prior to final building inspection. ii. The estimated materials and labor costs to complete the improvements shown on the approved planting and irrigation plan (accounting for supply, delivery, and installation of trees and irrigation). iii. An additional 20% above the costs described in Sections A.i and A.ii above to account for inflation potential. B. Initial Deposit for Processing of Security: The County ordinance requires that the applicant pay fees to cover all staff time and material costs for processing the required security. At the time of submittal of the security, the applicant shall pay an initial deposit of $200. C. Duration of Security: After the final inspection has been completed, the applicant shall submit a letter to the CDD, composed by a consulting arborist, describing any construction impacts to trees intended for preservation. The security shall be retained by the County for a minimum Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 6 of 11 of 12 months and up to 24 months beyond the date of receipt of this letter. As a prerequisite of releasing the bond between 12 and 24 months, the applicant shall arrange for the consulting arborist to inspect the trees and to prepare a report on the trees’ health. The report shall be submitted to the CDD for review, and it shall include any additional measures necessary for preserving the health of the trees. These measures shall be implemented by the applicant. If the CDD determines that trees intended for preservation have been damaged by development activity, and that the applicant has not been diligent in providing reasonable restitution of the damaged trees, then the CDD may require that all or part of the security be used to provide for mitigation of the trees damaged, including replacement of any trees that have died. Compliance with Arborist Recommendations 7. The applicant shall implement all measures recommended by the consulting arborist that are intended to mitigate potential construction-related impacts. Application Costs 8. The Development Plan application was subject to an initial deposit of $2,000.00 that was paid with the application submittal, plus time and material costs if the application review expenses exceed the initial deposit. Any additional fee due must be paid prior to issuance of a 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 2013/340, where a fee payment is over 60 days past due, the application shall be charged interest at a rate of ten percent (10%) from the date of approval. The applicant may obtain current costs by contacting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. Construction Period Restrictions and Requirements 8. The owners and their contractors shall comply with the following restrictions and requirements: A. 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 project-related contractors. Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 7 of 11 B. The project sponsor 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 and concrete pumps as far away from existing residences as possible. C. Transportation of heavy equipment and trucks shall be limited to week days between the hours of 9:00 A.M. and 4:00 P.M. and prohibited on Federal and State holidays. D. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. E. 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) Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 8 of 11 Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the State and Federal holidays occur, please visit the following websites: Federal Holidays: Federal Holidays (opm.gov) California Holidays: www.sos.ca.gov/holidays.htm PUBLIC WORKS CONDITIONS OF APPROVAL FOR COUNTY FILE #CDDP23-03014 COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT AND PRIOR TO INITIATION OF THE USE PROPOSED UNDER THIS PERMIT. 9. For Public Works review for compliance relative to this Development Plan Permit, a Compliance Review Fee deposit shall be submitted directly to the Public Works Department in accordance with the County’s adopted Fee Schedule for such services. This fee is separate from similar fees required by the Department of Conservation and Development and is a deposit to offset staff costs relative to review and processing of these conditions of approval and other Public Works related services ancillary to the issuance of building permits and completion of this project. Access to Adjoining Property Proof of Access 10. The applicant shall furnish proof to the Public Works Department of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. Drainage Improvement Collect and Convey Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 9 of 11 11. The applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Miscellaneous Drainage Improvements 12. The applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Department design standards. Floodplain Management: 13. The project is located in a Special Flood Hazard Area (100-year flood boundary) as designated on the Federal Emergency Management Agency’s Flood Insurance Rate Maps. The applicant shall be aware of and comply with the requirements of the National Flood Insurance Program (Federal) and the County Floodplain Management Ordinance as they pertain to development and future construction of any structures on this property. Creek Banks and Creek Structure Setbacks: 14. The applicant shall show the creek structure setback line on the site plan in accordance with Section 914-14.012, "Structures Setback Lines for Unimproved Earth Channels” and observe this setback line as if this were a subdivision. Exception: Applicant shall be granted an exception from the creek structure setback requirement concerning construction of the proposed retaining wall due to the determination that this would be the optimal location to prevent future landslides. Area of Benefit Fee Ordinance: 15. The applicant will need to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Richmond/El Sobrante and West Contra Costa Transportation Advisory Committee Area of Benefit, as adopted by Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 10 of 11 the Board of Supervisors. The fees shall be paid prior to issuing a development plan permit. Drainage Area Fee Ordinance 16. The applicant shall comply with the drainage fee requirements for Drainage Area 73 as adopted by the Board of Supervisors prior to initiation of the use requested with this application. The fee shall be paid prior to issuance of a building permit. ADVISORY NOTES 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 ORDINANCES 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 Department of Conservation and Development within 90-days of the approval date of this permit. B. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II). C. Portions of the project site lie within the Special Flood Hazard Area (100-year flood Zoning Administrator – September 4, 2024 County File #CDDP23-3014 Page 11 of 11 boundary) as designated on the Federal Management Emergency Agency’s Flood Insurance Rate Maps. The applicant shall be aware of the requirements of the National Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 2000-33) as they pertain to future construction of any structures on this property. D. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. E. This project may be subject to the requirements of the Department of Fish and Wildlife. It is the applicant's responsibility to notify the Department of Fish and Wildlife, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Wildlife Code. F. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Richmond/El Sobrante Area of Benefit as adopted by the Board of Supervisors. Payment is required prior to issuance of a building permit. G. Additional requirements may be imposed by the following agencies: • Contra Costa County Building Inspection Division • Contra Costa County Public Works Division • Contra Costa County Environmental Health Division • Contra Costa County Fire Protection District • West County Wastewater District • East Bay Municipal Utility District • California Department of Fish and Wildlife • U.S. Army Corps of Engineers The applicant is strongly encouraged to review these agencies’ requirements prior to continuing with the project. 0 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,,-CALIFORNIA'` Adopted this Order on April 29, 1 986 by the followinq vote:`. `\ u' AYES: Supervisors Fanden, Schroder, McPeak, Tort a`kson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of the Final Map ) RESOLUTION NO. 86/232 and Subdivision Agreement 1 for Subdivision 6465 1 E1 Sobrante Area. ) 1 The following documents were presented for Board approval this date: The Final Map of Subdivision 6465, property located in the E1 Sobrante area, said map having been certified by the proper officials; A Subdivision Agreement with Cortelyou and Cole Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Aqreement within one year from the date of said agreement; Said documents were accompanied by: I. Security to guarantee the completion of road and drainaqe improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash deposit (Auditor's Deposit Permit No. 105934, dated April 11., 1986) in the amount of $1,000 made by Cortelyou and Cole Inc. B. Additional security in the form of a corporate surety bond dated February 24, 1986, and issued by The Aetna Casualty and Surety Company Bond No. 5 SB 100199781) with Cortelyou and Cole Inc. as principal, in the amount of $95,200 for faithful performance and $47,600 for labor and materials. II. Letter from the County Tax Collector statinq that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1985 -86 tax lien has been paid in full and the 19"-87 tax lien, which became a lien on the first day of March, 1986, is estimated to be $1,050; III. Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code in the form of a surety bond, No. 5 S 100??1125 BCA, issued by The Aetna Casualty and Surety Company with Cortelyou and Cole Inc. as principal, in the amount of $1,050 quaranteeing the payment of the estimated tax; NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Map is.APPROVED. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. Origi ator: Public Works (ES) m l—,ti rector of Community Development Public Works - Design /Construction Road Projects Cortelyou & Cole Inc. P.O. Box 337 Los Altos, CA 94022 The Aetna Casualty & Surety Company P.O. Box 8090 Walnut Creek, CA 94596 I hereby certify tha. this is a true and corrot! copy of an action taken and entered on the minutes of th! Board of Supervisors on the date shown. ATTESTED: APR 2 9 1986 PHIL BATCHELOR, Cierr of the Board of Supervisors and County Administrator Br MJz , Deputy 80:29.t4 RESOLUTION NO. 86/232 0 __ 0 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 29, 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson.& Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of SUB 6465 Elizabeth Stanley E1 Sobrante Development Kathleen Mary StanleyRights I hereby certify tha, this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: AER2 9 1986 PHIL BATCti[LOR. Clerk of the Board of Supervisors and County Administrator By _ C J.4'.-L44 —,Deputy l Originator: Public Works (ES) cc: Recorder (via Title Company) then PW Records then Clerk of the Board v Director of Community Development BO:29.t4 j'(0 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 29, 1.986 by the followinq vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson & Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of SUB 6465 Thomas Cole E1 Sobrante Development Rae Cole Rights 1 hereby certify tha: This is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: APR 2 9 1986 PHIL BATCF-?ELOR, Clerk of the 8 ^3rd of Supervisors and County Administrator 10—MIM1lr! j t T, Originator: Public Works (ES) cc: Recorder (via Title Company) then PW Records then Clerk of the Board Director of Community Development BO:29.t4 ASSESSOR'S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE433 2 10 09 03 020 11 01 020 435 P.B. 03 04 55 58 59 60 61 62 56 57 07 41 3938 09 10 11 45 46 47 17 18 30 21 23 24 25 2622 27 66 63 64 65 40 32 33 43 44 N11^ 3 3 ' 1 1 " W 123. 6 9 N10^ 3 4 ' 3 6 " W 123. 6 9 16 1 . 0 9 N5 0 ^ 5 6 ' 1 1 " E R=500 77.99 R=52 5 84.11 25.02 25.06 187.22 78.06 75.26 178.31 25 . 0 9 12 0 . 0 N6 5 ^ 2 4 ' 4 2 " E 160.89 N24^35'1 8 " W 7.92 31 . 2 8 N5 2 ^ 4 1 ' 4 2 " E N8 9 ^ 0 2 ' 1 8 " W 82 . 8 0 67. 0N0^ 5 6 ' 1 8 " W 35 . 8 0 N3 5 ^ 1 4 ' 4 2 " E N7 1 ^ 0 6 ' 4 2 " E 49 . 0 N45^13'40"W 30.13 N25^13'5 0 " W (N27^01 ' W ) 74.015.51 S71 ^ E N66^5 0 ' E 18.00 35.50N48^3 0 ' E 15 1 . 6 5 S8 6 ^ 2 7 ' 2 5 " E 76 18 0 . 6 9 N61^03 ' E 24.50 50 N79 ^ 1 5 ' W 2.02 30 N66 ^ 0 5 ' W 100. 1 3 S2 3 ^ 5 5 ' W N3 8 ^ 4 3 ' 1 0 " E 13 0 N.B . 83 45 N37^55'30"W S5 2 ^ 0 4 ' 3 0 " W S5 2 ^ 0 4 ' 3 0 " W N5 2 ^ 0 4 ' 3 0 " W 15 0 . 0 7 13 0 85.88 10 . 2 0 10 . 2 5 38.84 66.00 13 0 . 4 6 N6 5 ^ 5 4 ' E N. D . 66.64 N.D. N.D. N46^14'W 162.11 31.39 11 7 . 1 0 N5 3 ^ 0 8 ' E N2 3 ^ 5 4 ' W 34 . 1 1 16.5 0 6.50 N6 1 ^ 4 9 ' W 10 . 0 55.4 9 N67^ 0 6 ' W 65.44 S45^53'E 41.16 106.60 86. 2 2 S6^ 4 9 ' W 57. 1 1 N35^24'W 95.86 60.9734.89 N1 2 ^ 2 7 ' 1 4 " E 22 4 . 3 0 22 4 . 0 1 18 0 . 4 8 N6 4 ^ 1 8 ' E N6 5 ^ 2 7 ' 1 4 " E 80.0 100 25 85.57 N25^42' 3 4 " W 15 . 0 2 44.26 105.34 69.31 R=1040 15 . 1 0 81 . 5 6 N3 1 ^ 3 4 ' E R=1040 107.80 36.81 50.00 10' 14 . 5 5 R=358.13 R=383.13 68.58 7013 5 . 5 4 11 0 . 7 8 14 0 . 7 8 131.73 S39^53'E 70 20 1 . 2 0 123.04 S31^07'08"E 12 . 5 N3 7 ^ 5 5 ' 3 0 " W 15 4 . 6 S5 3 ^ 1 3 ' 4 0 " W N3 2 ^ 0 0 ' E 56 . 3 1 80 ' N.D. 11 0 . 0 N4 7 ^ 0 0 ' E 95.80 N48^10'W N6 7 ^ 4 5 ' W 40 . 3 0 N. D . 14 8 . 0 0 N6 4 ^ 1 8 ' E S6 4 ^ 1 8 ' W 10 0 . 0 0 42 6 . 4 5 26.73 N.T. 15.3 N2 6 ^ 5 4 ' E S2 6 ^ 5 4 ' W 18 3 . 0 7 12 0 . 5 7 16 7 . 0 8 92 . 3 5 S6 4 ^ 0 7 ' W N6 4 ^ 0 7 ' E 98 . 0 5 10 0 N6 4 ^ 0 7 ' E 26 4 . 8 0 15 0 S44^55'10"E 76 N7 8 ^ 2 6 ' 5 4 " E 36 N6 5 ^ 2 4 ' 4 2 " E S6 4 ^ 1 8 ' W 11 4 . 8 1 30.62 66.27 N38^04'30"W 35.65 N48^49' 5 2 " W (N50^0 0 ' 2 2 " W ) 41.4 121.90 63 . 6 9 S51^42 ' E 186.44 33.07 N31^00'33"W 30.26 N32^05'11"W N.D. N.D. N.D. 232.83 N55^27'29"E 25.0 57.08 43.93 R=1025 R=1000 66.0 113.32 113.32 57 . 6 5 92.88 N35^52'05"W 20.0 45 1 . 5 8 17 0 . 0 0 21 0 . 0 0 S6 4 ^ 1 8 ' W 91.50 N52^42'W 43 8 . 0 49 5 . 6 5 N25^42'W N.D.S0^ 0 4 ' E 110 . 1 6 58 . 0 S6 4 ^ 1 8 ' W N56^4 5 ' W 54.49 46.50 10 3 . 0 51 . 7 1 N4 9 ^ 3 9 ' 1 4 " E N58^ 3 3 ' 5 5 " W 91. 3 1 S8 8 ^ 3 6 ' W 92.80 N48^30' W 41. 1 0 N10 ^ 2 6 ' E 35 . 5 7 79 . 4 6 S6 4 ^ 1 8 ' W 70 . 0 N6 8 ^ 4 2 ' 2 4 " E 10 8 . 5 5 N6 4 ^ 4 5 ' E S42^51'06"E 110.90 60.0 30.0 43 . 0 16 7 . 6 2 15 5 . 4 6 20.40 32 . 3 5 53 . 3 5 21 . 0 38 . 3 5 N8 5 ^ 2 0 ' 5 1 " E 46 . 2 4 17 2 . 2 8 N7 9 ^ 5 2 ' 3 0 " E 177.0 N7 1 ^ 3 3 ' 4 8 " E ( R ) N2 9 ^ 0 0 ' 1 4 " E 12 3 . 5 3 16 6 . 5 3 21 9 . 6 2 N6 5 ^ 1 4 ' 2 8 " E N5 7 ^ 1 7 ' 4 5 " E 25.0 26.17 51.12 73.3 4 103. 3 4S12^ 3 1 ' 4 6 " E N6 5 ^ 5 4 ' 1 4 " E 12 6 . 7 2 N. D . 100.17 49.08 S6 4 ^ 1 9 ' W 125.27 125 N6 5 ^ 2 8 ' E N6 4 ^ 2 8 ' 1 4 " E 14 2 . 0 8 85 . 5 2 65.0 R= 2 0 R=2 0 150 12 2 . 0 9 34 . 9 0 67.93 S28^01'46" E N3 6 ^ 2 3 ' 2 2 " E 44.4 5 N1 9 ^ 4 2 ' 3 9 " E 104 . 1 0 N8 5 ^ 4 5 ' 3 0 " W N14^ 2 6 ' 4 4 " W 79.8 5 12.31 57.73 R=52 . 5 0 14 3 . 9 0 13 8 . 4 6 S27^40'46 " E 9' 12 7 . 0 5 29.0 73.4 5 20 7 . 4 7 10 1 . 4 3 39 . 0 N58^ 2 5 ' 4 6 " W 73.5 0 62 . 4 3 N4 2 ^ 3 5 ' 3 4 " E 20.73 184.5 4 N.D. R=300 89.24 146.6 2 N18^4 9 ' 3 0 " W N.D. 589.37 74 4 . 5 3 N6 4 ^ 1 8 ' E N6 5 ^ 2 4 ' 4 2 " E 29 9 . 8 0 CALIFORNIA NEVADA R.R. S.W. LN. OF "C" .57Ac. .85Ac. "B" .69Ac. "A" .32Ac. .36Ac. E COR 956 OR 142 .10Ac. N.Cor. PCL 2 1397- O R - 2 1 7 6/3/ 4 9 .06Ac..01Ac. Mo. ELY COR. 2542-OR-61 .41Ac. .33Ac. 1.0Ac. .52Ac. .28Ac. .97Ac. 25 "C""A""B" .53Ac..25Ac. .31Ac. .24Ac. .26Ac. "B" .23Ac. "A" 4609-631 TO COUNTY 54871-56 TO COU N T Y 55304- 5 6 TO COU N T Y 59159-5 6 PRVT. DRV. W Y . TO COU N T Y 56024 56202- 5 6 53794- 5 5 TO COU N T Y TO COUN T Y - 4 8 1 8 1 - 5 6 75 25 .20Ac . .33Ac. .44Ac. 1 2 3 4 5 6 7 46 45 ST A N L E Y PA B L O DE E D E D T O C O N T R A SAN RIGHTS DEVELO P M T . .53Ac. CO S T A C T Y . PR V T . 8 9 CR E E K DRI V E W Y . LANE DEV E L O P M E N T CON T R A C O S T A 1.88Ac. RIG H T S D E E D E D T O COU N T Y 10 .829Ac. HI L L S I D E C O U R T S70^ 2 0 ' 4 9 " W 25.0 3 3 A A A A A A A 1 1 1 1 1 .52Ac. 3 2 CA S T R O 2 2 SAN PABLO DAM ROAD 3 .72Ac. 2 3 1-5/6/64 2-3-31-77 3-3-23-82 TRACT 6465 .38Ac. 1"= 1 0 0 ' A 1 G 20 . 6 2 37 . 2 3 301.99 J-7 K-7 N4 6 ^ 6 ' 1 " E 30 25 A- PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. .76Ac FM 68/20 67 LOTS 25, 45 & 46 & SPECIFIC TRACT G RO EL SOBRANTE HILLSIDE DR 27LSM30 53PM26 70LSM22 MB 302-37 37.7 1 S1 6 ^ 4 5 ' W 169.89 38 6 . 4 6 N6 4 ^ 4 5 ' E 26 3 . 7 9 67 .27Ac. .61Ac. .34Ac. TO COUNTY 5/4/64 3/8/12 RA N C H R D This map is a user generated, static output from an internet mapping application and is intended for reference use only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. CCMap is maintained by Contra Costa County Department of Information Technology, County GIS. Data layers contained within the CCMap application are provided by various Contra Costa County Departments. Please direct all data inquires to the appropriate department. Spatial Reference PCS: WGS 1984 Web Mercator Auxiliary Sphere Datum: WGS 1984Scale: 1:1,128 Map Legend Assessment Parcels General Plan SM (Single Family Residential - Medium) 3.0 - 4.9 Units per Net Acre OS (Open Space) Unincorporated City Limits Board of Supervisors' Districts Address Points TrailsideDr SanPabloDamRd SanPabloDamRd BaywoodDr San Pablo Creek Trailside Dr SanPabloDamRd SanPabloDamRd BaywoodDr Stanley Ln SanPabloDamRd SanPabloDamRd SanPabloCreek San Pablo Creek HillsideCt S t anley Ln Stanley Ln San Pablo Creek HillsideDr S a n Pablo Creek HillsideCt 433010006 433020066 433020062 433020059 433020061 433020060 435160048 435160047 435160046 435160045 435160044 433020004 433020003 433020058 435160013 435160012 435160011 435160009 435160010 435160008 433020027 433250018 433020063 433020065 433020023 433020024 433020064 433020026 433020007 433020025 433020057 433020056 433020039 435160073 435160072 General Plan: Single-Family Medium Density (SM) / Open Space (OS) 0 0.01 0.030.01 mi ± Credits: Contra Costa County Development of Conservation and Department, Esri Community Maps Contributors, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community This map is a user generated, static output from an internet mapping application and is intended for reference use only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. CCMap is maintained by Contra Costa County Department of Information Technology, County GIS. Data layers contained within the CCMap application are provided by various Contra Costa County Departments. Please direct all data inquires to the appropriate department. Spatial Reference PCS: WGS 1984 Web Mercator Auxiliary Sphere Datum: WGS 1984Scale: 1:1,128 Map Legend Assessment Parcels Zoning ZONE_OVER R-10 (Single Family Residential) P-1 (Planned Unit) Unincorporated City Limits Board of Supervisors' Districts Address Points TrailsideDr SanPabloDamRd SanPabloDamRd BaywoodDr San Pablo Creek Trailside Dr SanPabloDamRd SanPabloDamRd BaywoodDr Stanley Ln SanPabloDamRd SanPabloDamRd SanPabloCreek San Pablo Creek HillsideCt S t anley Ln Stanley Ln San Pablo Creek S an Pablo Creek 433020059 433020062 433020061 433020060 433020066 433020004 433020003 433020058 435160013 435160012 435160048 435160047 435160046 435160045 435160044 435160011 435160009 435160010 435160008 433020007 433020057 433020056 433020063 433020065 433020025 433020064435160073 435160074 435160049 435160071 435160072 435160070 433020026 433020024433020039 Zoning - Planned Unit (P-1) Zoning District 0 0.01 0.030.01 mi ± Credits: Contra Costa County Development of Conservation and Department, Esri Community Maps Contributors, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community This map is a user generated, static output from an internet mapping application and is intended for reference use only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. CCMap is maintained by Contra Costa County Department of Information Technology, County GIS. Data layers contained within the CCMap application are provided by various Contra Costa County Departments. Please direct all data inquires to the appropriate department. Spatial Reference PCS: WGS 1984 Web Mercator Auxiliary Sphere Datum: WGS 1984Scale: 1:1,128 Map Legend Assessment Parcels Unincorporated City Limits Board of Supervisors' Districts Address Points TrailsideDr SanPabloDamRd SanPabloDamRd BaywoodDr San Pablo Creek Trailside Dr SanPabloDamRd SanPabloDamRd BaywoodDr Stanley Ln SanPabloDamRd SanPabloDamRd SanPabloCreek San Pablo Creek HillsideCt S t anley Ln Stanley Ln San Pablo Creek HillsideDr S a n Pablo Creek HillsideCt 433010006 433020066 433020062 433020059 433020061 433020060 435160048 435160047 435160046 435160045 435160044 433020004 433020003 433020058 435160013 435160012 435160011 435160009 435160010 435160008 433020027 433250018 433020063 433020065 433020023 433020024 433020064 433020026 433020007 433020025 433020057 433020056 433020039 435160073 435160072 Orthophotography 0 0.01 0.030.01 mi ± Credits: Contra Costa County Development of Conservation and Department, Maxar, Microsoft, Esri Community Maps Contributors, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS TITLE SHEET SURVEY GEOTECHNICAL STUDY SITE PLAN WALL ELEVATIONS DETAILS DETAILS CREEK STUDY BEST MANAGEMENT PRACTICES TIE-BACK DETAILS C-0 C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 OWNER: JOHN AND BARBARA VANEK 610 STANLEY LANE EL SOBRANTE, CA 94803 (510) 449-5729 CIVIL ENGINEER: ROBERT MAHONY, P.E., G.E. SOIL ENGINEERING CONSTRUCTION, INC. 927 ARGUELLO ST. REDWOOD CITY, CA 94063 CONTRACTOR: SOIL ENGINEERING CONSTRUCTION, INC. 927 ARGUELLO ST. REDWOOD CITY, CA 94063 GEOTECHNICALCONSULTANT: LANGAN TREADWELL ROLLO 555 MONTGOMERY STREET, SUITE 1300 SAN FRANCISCO, CA 94111 (415) 955-5200 SURVEYOR: GIULIANI & KULL, INC. 440 YOSEMITE AVE., SUITE A OAKDALE, CA 95361 (209) 847-8726 CONSTRUCT A (N) DRILLED PIER AND WOOD LAGGING RETAINING WALL ALONG THE REAR OF THE PROPERTY. APPROX. DIMENSIONS OF THE (N) RET. WALL IS TO BE 48 LF W/ A HEIGHT RANGING FROM 5'-0" TO 11'-0". ALL WORK PERFORMED SHALL BE IN COMPLIANCE WITH THE FOLLOWING CODES: 2016 CALIFORNIA BUILDING CODE (CBC) 2015 INTERNATIONAL BUILDING CODE (IBC) N.T.S.N.T.S. SHEET NO.DESCRIPTION 927 ARGUELLO STREET REDWOOD CITY, CA 94063 PHONE: 650-367-9595 FAX: 650-367-8139 C 58276 PROJECT SITE: 600 & 610 STANLEY LANE EL SOBRANTE, CA 94803 6'-0 "C.C . 14 2 ° 28 ' - 0 " ± 6'- 0 " C . C . M A X 36 ' - 0 " ± 48'-0" ±6'-0" C . C . M A X P1 P2 P3 P4 P5 P6 P7 P8 P9 P1 0 P1 1 P12 P13 P1 4 P15 P1 6 P1 7 P18 P19 P20 6'-0"C.C. 134° 4'- 0 " C.C . C.O . C.O . C.O .C.O . EL S O B R A N T E , C A L I F O R N I A 60 0 S T A N L E Y L A N E C-1 PA R T I A L TO P O G R A P H I C S U R V E Y 6'-0" C.C.142° 28'- 0 " ± 6'-0 " C . C . M A X 36'-0" ± 48'- 0 " ± 6'-0 " C . C . M A X P1 P2 P3 P4 P5 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 P16 P17 P18 P19 P20 6'-0 " C.C . 134° 4'-0 "C.C. C.O. C.O. C.O. C.O. (N) BACKDRAIN 4" DIA. PERFORATED PIPE SDR 35 OR SCH. 40 W/ PERFORATIONS DOWN, SLOPE 1% (MIN.) TO DRAIN. INSTALL CLEANOUTS (C.O.) AS SHOWN ON PLAN OR AS NECESSARY, CONNECT PIPE TO 4" DIA. SOLID SDR 35 COLLECTOR PIPE. SEE DETAILS 2 & 3/C-3. APPROX. LOCATION OF (N) DRILLED PIER AND WOOD LAGGING RETAINING WALL. PIERS 2'-0" DIA., TOTAL (11) PIERS, STEEL PILES AND WOOD LAGGING WALL TO BE APPROX. 5'-0" TO 11'-0" HIGH (MAX.) AND TOTAL 64'-0"± LONG, V.I.F. SEE DETAILS 1 & 2/C-3. (N) 4" DIA. SOLID SDR 35 COLLECTOR PIPE, INSTALL NEW DISCHARGE W/ "T" ENERGY DISSIPATER, EXACT DAYLIGHT LOCATION TO BE DETERMINED BY PROJECT ENGINEER'S REPRESENTATIVE. NOTES: - SITE PLAN TENTATIVE, FOR PURPOSE OF SHOWING PROPOSED WORK ONLY. - SITE PLAN FROM REPORT BY LANGAN TREADWELL ROLLO. APPROX. PROPERTY LINE PRIOR TO COMMENCEMENT OF CONSTRUCTION PROPERTY LINES AT WORK AREA WILL BE SURVEYED TO VERIFY PROPOSED LOCATION OF RETAINING WALL. SURVEY BY GULIANNI & KULL. X X ZZ Creek Cross SEctions See sheet C-6 Z'X' X 100 Year Floo d p l a i n , E l e v a t i o n 1 5 5 ' 927 ARGUELLO STREET REDWOOD CITY, CA 94063 PHONE: 650-367-9595 FAX: 650-367-8139 C 58276 67 ' - 9 " 65 ' - 5 " 6'-0" C.C.142° 28'- 0 " ± 6'-0 " C . C . M A X 36'-0" ± 48'- 0 " ± 6'-0 " C . C . M A X P1 P2 P3 P4 P5 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 P16 P17 P18 P19 P20 6'-0 " C.C . 134° 4'-0"C.C. C.O.C.O. C.O. C.O. 76'-9" 21'-9"5 10 SLOPE BACK FROM FACE OF WALL AT MINUMUM OF 2% SLOPE. CREATE SWALE DIRECTING WATER AROUND WALL TIE - B A C K P E R S H E E T C - 5 A N D E N G I N E E R S R E C O M M E N D A T I O N S 927 ARGUELLO STREET REDWOOD CITY, CA 94063 PHONE: 650-367-9595 FAX: 650-367-8139 C 58276 P1 P3 P5 P7 P9 169 164 P11 P13 P15 P17 159 P19 Wall Elevation View 174 P2 P4 P6 P8 P10 P12 P14 P16 P18 P20 BOTTOM OF LAGGING TOP OF WALL PIERS RE L A T I V E E L E V A T I O N 6' Max spacing 15K 23K 41K 41K 41K 41K 41K 41K 41K 41K 41K 34K 27K SLIDE PLANE BOTTOM OF ACTIVE PRESSURE 27K 13K 927 ARGUELLO STREET REDWOOD CITY, CA 94063 PHONE: 650-367-9595 FAX: 650-367-8139 C 58276 21 927 ARGUELLO STREET REDWOOD CITY, CA 94063 PHONE: 650-367-9595 FAX: 650-367-8139 C 58276 ℄ "H " = 5 ' - 0 " T O 1 1 ' - 0 " ± "D " = 1 4 ' - 6 " T O 2 9 ' - 6 " ± af Qls Qal (E) T.O.G. 2'-0" DIA. (E) G R A D E 2'-0" DIA. DRILLED PIER, SPACING @ 6'-0" C.C.±, SEE RETAINING WALL TABLE "A". INSTALL WOOD LAGGINING, ROUGH CUT (P.T.D.F.) PRESSURE TREATED DOUGLAS FIR, NO. 2, OR BETTER, INSTALL 3X12 BOARDS EVERYWHERE, TYP. 3" M I N . ABBREVIATIONS: af - ARTIFICIAL FILL Qal - QUATERNARY ALLUVIUM Qls - QUATERNARY LANDSLIDE DEPOSIT NOTE: - THE SUBSURFACE SOIL CROSS SECTIONS WERE TAKEN FROM THE LANGAN TREADWELL ROLLO GEOTECHNICAL REPORT PROJECT NO. 731680101 DATED 08/31/16. - TOTAL DEPTH OF DRILLED HOLES WILL BE APPROVED BY GEOTECHNICAL CONSULTANT'S REPRESENTATIVE IN FIELD PER ACTUAL SOIL CONDITIONS AT TIME OF DRILLING. WF STEEL PILE FULL DEPTH, SEE RETAINING WALL TABLE "A". SE E R E T A I N I N G WA L L T A B L E " A " SE E R E T A I N I N G WA L L T A B L E " A " C-2 1 (E) SCARP OF LANDSLIDE B2(N) 4" DIA. PERF. PIPE SDR 35 OR SCH. 40 IN SUBDRAIN, PIPE SLOPE 1% (MIN.) PIPE TO BE SURROUNDED BY 4" OF DRAIN ROCK WRAPPED IN FILTER FABRIC, MIRAFY 140N OR EQUAL. DISCHARGE INTO 4" DIA. SDR 25 SOLID COLLECTOR PIPE, DAYLIGHT DOWNSLOPE, INSTALL W/ "T" ENERGY DISSIPATER. INSTALL (N) PREFABRICATED DRAINAGE PANELS CCW MIRADRAIN 6000, OR EQUAL, ON THE UPHILL SIDE OF THE WOOD LAGGING. BACKFILL AND COMPACT THE AREA BEHIND THE (N) RETAINING WALL AND THE (E) SCARP. FILL TO BE FREE OF ORGANIC MATTER, CONTAIN NO ROCKS OR LUMPS LARGER THAN 3". PLACE IN LIFTS NOT EXCEEDING 8" AND COMPACT TO 90% RELATIVE COMPACTION. LL<40, PI<12, >20% FINES . EL E V A T I O N ( F E E T ) INSTALL (N) FALL PROTECTION BARRIER AFTER RETAINING WALL CONSTRUCTION, BY OTHERS. N.I.C. (N) TIE-BACK GROUTED ANCHOR SLOPE 2% SLOPE CL PIER 2'-0" DIA. UPSLOPE DOWNSLOPE WF STEEL PILE FULL DEPTH, SEE RETAINING WALL TABLE "A" 2'-0" DIA. DRILLED PIER FOR WOOD LAGGING RETAINING WALL, SPACING AS SHOWN ON SITE PLAN, USE CAST-IN-PLACE CONCRETE PIER BACKFILL OF f'c= 2,500 PSI AT 28 DAYS ACTIVE SOIL PRESSURE (HEIGHT OF RETAINING WALL), ACTING OVER FULL DEPTH AND WIDTH OF RETAINING WALL SPAN, PLUS 5' BELOW B.O.W.. HEIGHT OF WALL MAY VARY FROM 5'-0" TO 11'-0" (MAX) "D" - EMBEDMENT DEPTH INTO COMPETENT SUPPORTING MATERIAL UPON REQUEST CONTRACTOR MAY OBTAIN ADDITIONAL WALL CASES TO MORE EFFICIENTLY MEET SITE CONDITIONS.TIEBACKS TO BE DOUBLE CORROSION PROTECTED 41 (N) NEW WOOD LAGGING RETAINING WALL 1" X 6" X 6" STEEL PLATE BEVELED WASHER ℄ 6" (E) REINFORCED CONCRETE PIER (E) TOP OF GRADE W IDE FLANGE BEAM C- CHANNEL (PAIR) COLUMN AND TIEBACK DETAILS PIER NUMBER RETAINED HT (FT)DEPTH TO SLIDE TOTAL ACTIVE FORCE MINIMUM PIER EMBEDMENT (FT) TIE-BACK LOAD (Kips) UNBONDED LENGTH (FT) WIDE FLANGE BEAM s^3 MINIMUM TIE-BACK STRANDS REQUIRED (SHEET TB-1, COLUMN 5 1 1 0 6 16 0 15 16 N/A 2 2 0 7 16 0 15 16 N/A 3 3 0 8 16 0 15 16 N/A 4 4 1 10 11 15 15 7 1 5 5 2 12 15 23 15 22 1 6 6 4 15 18 41 15 52 2 7 6 5 16 20 41 15 67 2 8 6 5 16 20 41 15 67 2 9 6 5 16 20 41 15 67 2 10 6 5 16 20 41 15 67 2 11 6 5 16 20 41 15 67 2 12 6 5 16 20 41 15 67 2 13 6 5 16 20 41 15 67 2 14 5 4 14 17 41 15 46 2 15 4 4 13 15 34 15 29 1 16 4 4 13 15 27 15 29 1 17 4 4 13 15 27 15 29 1 18 4 0 9 19 13 15 31 1 19 4 0 9 19 0 15 31 N/A 20 4 0 9 19 0 15 31 N/A 927 ARGUELLO STREET REDWOOD CITY, CA 94063 PHONE: 650-367-9595 FAX: 650-367-8139 C 58276 CHIMNEY DRAINMD-2 1. RETAINING WALL DETAILMD-1 R R R d 12 Ø M I N . U . O . N . 135° 6d, 3" MIN. 90° D D R #3, #4 & #5 R = 2d FOR d d 4d, 2-1/2 MIN. 90° 10d D D 180° 1.DESIGN AND CONSTRUCTION TO BE IN ACCORDANCE WITH 2016 CBC, AS AMENDED BY THE STATE OF CALIFORNIA AND COUNTY OF CONTRA COSTA CODES AND ORDINANCES. 2.ALL DIMENSIONS, CONDITIONS AND LOCATION OF FACILITIES TO BE VERIFIED AND DETERMINED IN FIELD. 3.EXACT LOCATION OF ALL WORK FOR PROPOSED SOLDIER BEAM WITH WOOD LAGGING RETAINING WALL MAY BE ADJUSTED AS FIELD CONDITIONS REQUIRE. ENGINEER OF RECORD SHALL BE INFORMED OF ANY DEVIATION FROM THE APPROVED PROJECT DOCUMENTS AND WILL SUBMIT TO BUILDING OFFICIALS REVISED CALCULATIONS AND REVISED DRAWINGS FOR APPROVAL. 4.ALL EXPOSED STEEL SHALL BE GALVANIZED OR COATED WITH CORROSION INHIBITING PAINT. 5.CAST-IN-PLACE CONCRETE SHALL HAVE COMPRESSIVE STRENGTH AT 28 DAYS: - DRILLED PIER CONCRETE BACKFILL: f'c = 2,500 PSI (MIN.) NORMAL WEIGHT CONCRETE, USE CEMENT TYPE II - V PORTLAND CEMENT. MAXIMUM WATER-CEMENTIOUS MATERIAL RATIO, BY WEIGHT, NORMAL WEIGHT CONCRETE, TO BE OF 0.59. 6.REINFORCING STEEL, IF ANY, SHALL CONFORM TO ASTM A615, GRADE 60 FOR #4 BARS AND ABOVE. 7.STEEL MEMBERS SHALL BE: - ALL WIDE FLANGE STEEL MEMBERS SHALL CONFORM TO ASTM A572, GRADE 50. - MISCELLANEOUS CHANNELS, ANGLES, AND PLATES SHALL CONFORM TO ASTM A36. 8.REINFORCING COVER: - CONCRETE CAST AGAINST AND PERMANENTLY EXPOSED TO EARTH SHALL HAVE MINIMUM 3" CONCRETE COVER. - CONCRETE EXPOSED TO EARTH OR WEATHER SHALL HAVE MINIMUM 2" CONCRETE COVER FOR #6 BARS AND ABOVE, 1-1/2" FOR #5 BARS AND BELOW. 9.SPECIAL INSPECTION (2016 CBC SEC. 1704, SEC. 107.2.1): - COUNTY OF CONTRA COSTA SPECIAL INSPECTION SCHEDULE. UPON CONCLUSION OF CONSTRUCTION, ENGINEER OF RECORD WILL PREPARE SUMMARY LETTER OF HIS OBSERVATIONS RELATIVE TO RETAINING WALL CONSTRUCTION AND AS-BUILTS CONSTRUCTION CONDITIONS. 10.DESIGN RECOMMENDATIONS AND PARAMETERS: - TECHNICAL LETTER REPORT - ENGINEERING GEOLOGIC AND GEOTECHNICAL INVESTIGATION, 600 & 610 STANLEY LANE, EL SOBRANTE, CALIFORNIA, BY LANGAN TREADWELL ROLLO, PROJECT NO. 731680101, DATED AUGUST 31, 2016. 11.PROJECT SOIL ENGINEER: LANGAN TREADWELL ROLLO, SHALL CONFIRM THAT CONSTRUCTION PLANS AND SPECIFICATIONS HAVE BEEN REVIEWED AND THAT IT HAS BEEN DETERMINED THAT RECOMMENDATIONS IN THEIR GEOTECHNICAL REPORT(S) ARE PROPERLY INCORPORATED INTO CONSTRUCTION PLANS. APPROVAL LETTER SHALL BE SUBMITTED TO CONTRA COSTA COUNTY BUILDING DEPARTMENT. 12.PROJECT SOIL ENGINEER: LANGAN TREADWELL ROLLO SHALL BE RETAINED TO PROVIDE OBSERVATION AND TESTING SERVICES DURING CONSTRUCTION PER GEOTECHNICAL REPORT(S) RECOMMENDATIONS. 13.ALL CONSTRUCTION SHALL COMPLY WITH RECOMMENDATIONS OF AFOREMENTIONED REPORT(S). WOVEN POLYPROPYLENE BLACK FILTER FABRIC. MIRAFI X-SERIES OR EQUIVALENT. STAPLE FABRIC TO POSTS WITH 1 2" STAPLES. 2" x 2" WOOD STAKE POSITIONED ON DOWNSTREAM SIDE OF FENCE 6" x 6" TRENCH WITH TAMPED BACKFILL FLOW RUNOFF NOTES: 1.INSPECT AND REPAIR FENCE AFTER EACH STORM EVENT AND REMOVE SEDIMENT WHEN ACCUMULATION REACHES ONE-THIRD OF THE BARRIER HEIGHT. 2.REMOVED SEDIMENT SHALL BE REMOVED AND DEPOSITED TO AN AREA THAT WILL NOT CONTRIBUTE SEDIMENT OFF-SITE. 3.SILT FENCES SHOULD BE LEFT IN PLACE UNTIL THE UPSTREAM AREA IS PERMANENTLY STABILIZED. 4.SILT FENCE SHALL BE PLACED ON CONSISTENT ELEVATION TO MAXIMIZE EFFICIENCY. THE LAST 8'-0" OF FENCE SHALL BE TURNED UP SLOPE. 8' MA X KEY FABRIC INTO TRENCH AS SHOWN 4' - 0 " SCALE: 1" = 12'SCALE: 1" = 12' 2' - 6 " 1' - 6 " 6" SECURE JOINING SECTIONS WITH SCREW TO PREVENT POTENTIAL FLOW-THROUGH OF SEDIMENT 1 2 WATERPROOF MEMBRANE, MIRAFI, MCF1212, OR APPROVED EQUIVALENT. 10' MIN 10 ' MI N AA 2' AROUND ENTIRE PERIMETER 6" SCALE: 1" = 1 2" SCALE: 1" = 1" FS +0.0' FS +1.5' FS +1.0' NOTES: 1.LOCATE AWAY FROM STORM DRAIN INLETS, DRAINAGE FACILITIES, OR WATERCOURSES. DO NOT DISCHARGE WASH WATER TO STORM DRAINS OR WATERCOURSES. 2.BERM UP EDGES AS SHOWN IN SECTION A-A TO CONTAIN WASH WATERS AND TO PREVENT RUNON AND RUNOFF. 3.IF WASH WATER REACHES WITHIN 3" OF THE TOP OF BERM, CONTRACTOR SHALL UTILIZE SUMP PUMP AND DESILTING BASIN TO REMOVE SEDIMENT LADEN WASH WATER. 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 Cross Section X-X' 0 5 10 15 20 154 149 25 30 35 40 144 139 45 50 55 60 65 70 75 80 Cross Section Z-Z' 159 154 149 144 139 Q=2690 CFS for 100 yr Flood Elevation 156' Q=2690 CFS for 100 yr Flood Elevation 153' 927 ARGUELLO STREET REDWOOD CITY, CA 94063 PHONE: 650-367-9595 FAX: 650-367-8139 C 58276 927 ARGUELLO STREET REDWOOD CITY, CA 94063 PHONE: 650-367-9595 FAX: 650-367-8139 C 58276 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3263 Name: Status:Type:Consent Item Passed File created:In control:9/30/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:AUTHORIZE the Auditor-Controller to release $500,000 from Park Dedication Fee Fund accounts to the Public Works Department for the Iron Horse Corridor San Ramon Double Tracking Study, as recommended by the Conservation and Development Director. (No General Fund impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Park Dedication Fee Fund Authorization for the Iron Horse Corridor San Ramon Double Tracking Study ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: AUTHORIZE the Auditor-Controller to release $500,000 from certain Park Dedication/Park Impact Fund Accounts to the Public Works Department to help fund the Iron Horse Corridor San Ramon Double Tracking Study, as recommended by the Conservation and Development Director. FISCAL IMPACT: No Impact to the General Fund. The Park Dedication/Park Impact fees proposed for this purpose originated from projects in the vicinity of the proposed study. The total cost of the studies is anticipated to exceed $1,250,000 and county staff is in the process of applying for planning grants to assist in the funding of the studies. BACKGROUND: Proposed Improvements The Iron Horse Corridor San Ramon Double Tracking Study will consist of conceptual designs, preliminary cost estimates, and environmental studies required to construct separate wheeled (bicycle, e-bike, scooter) and pedestrian pathways in the Iron Horse Corridor (IHC) in the City of San Ramon from the county line to Forstoria Way. The studies will include: ·Existing Conditions Analysis ·Delineation of utility easement and pipelines containing hazardous materials. ·Phase II Environmental Site Assessment and estimate regarding the testing, removal, handling and disposal of lead-arsenate contaminated soils in the IHC. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:24-3263,Version:1 ·Conceptual Design ·Identification of new recreational amenities and park features to provide shade, water, and restrooms. ·Landscaping options for improved community greening, fire-resistance, irrigation, climate change adaptation, and compatibility with existing underground utilities. ·Irrigation plan and potential integration of recycled water where feasible. ·Safety features for pedestrian and wheeled traffic around schools and at road crossings. ·Stormwater management. ·Tree planting and protection plan for existing mature and native trees as well as new trees. ·Preliminary Financing Plan ·Preliminary cost estimate for project construction. ·Maintenance funding options. ·Financing opportunities in collaboration with existing IHC utilities, the City of San Ramon, and East Bay Regional Park District. (EBRPD) Park Background The Iron Horse Corridor is a former railroad right-of-way that now contains a regional trail. The Iron Horse Corridor stretches 18.5 miles from the Alameda County line northward to Mayette Avenue in Concord. It is a key component in the Bay Area Regional Trail Network and the sole north-south bike and pedestrian trail in central Contra Costa County. The Iron Horse corridor was once Southern Pacific Railroad (SPRR) that ran from Concord to Pleasanton in Contra Costa and Alameda Counties. The railroad was officially abandoned in 1978 and in 1984 Contra Costa County, with financial help from the State of California, purchased the Iron Horse Corridor property within the County in fee title. In 1986, the County entered into a license agreement with the East Bay Regional Park District (EBRPD) to operate a 10-foot-wide paved multiuse trail in the IHC called the Iron Horse Regional Trail (IHRT). The IHRT has been expanded northward to include Contra Costa County Flood Control and Water Conservation District property along the Walnut Creek Channel, and now terminates at Marsh Drive in Concord, near Highway 4. The trail has also been expanded southward into Alameda County, passing through the City of Dublin before terminating in the City of Pleasanton. The total length of the IHRT today is approximately 32 miles. Park Fund Background The County imposes fees on residential development to fund park and recreational facilities under both the County's Park Dedication Ordinance and the County's Park Impact Fee Ordinance. Funds from these fees are deposited into accounts associated with the census tract where the residential development occurs to ensure the funds are directed to park and recreational facilities which serve the residents of the development. The following table outlines the San Ramon Park Dedication fee accounts that will be used for the project. Use of the park fees identified are reasonably related to proposed improvements for the Iron Horse Corridor San Ramon Double Tracking project and will serve the greater San Ramon community, including the areas from which the proposed expenditures were collected. Park Account Number Amount 8136 PD4000048 $ 500,000 Total $ 500,000 CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:24-3263,Version:1 Applicable General Plan Goals and Policies The proposed project implements the following General Plan Park and Recreation Facilities Goals: ·To develop a sufficient amount of conveniently located, properly designed park and recreational facilities to serve the needs of all residents. (9-H) ·To develop a system of interconnected bicycle, pedestrian, and riding trails and paths suitable for both active recreational use and transportation/ circulation. (9-1) ·To promote active and passive recreational enjoyment of the County's physical amenities for the continued health, safety and welfare of the citizens of the County. (9-J) The proposed project implements the following General Plan Park and Recreation Facilities Policies: ·A well-balanced distribution of local parks, based on character and density present and planned residential development and future recreational needs, shall be preserved. (9-33) ·Park design shall be appropriate to the recreational needs and access capabilities of all residents in each locality. (9-34) ·Public trail facilities shall be integrated into the design of flood control facilities and other public works whenever possible. (9-38) ·Recreational activity shall be distributed and managed according to an area's carrying capacity, with special emphasis on controlling adverse environmental impacts, such as conflict between uses and trespass. At the same time, the regional importance of each area's recreation resources shall be recognized. (9-40) California Environmental Quality Act (CEQA) The predevelopment studies will lay the groundwork for both a final plan and associated CEQA study. CONSEQUENCE OF NEGATIVE ACTION: If the funds are not authorized, there will not be sufficient funding to complete the studies. CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 347 Name: Status:Type:Consent Resolution Passed File created:In control:9/29/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Resolution No. 2024-347 approving the Side Letter between Contra Costa County and the Physicians and Dentists Organization of Contra Costa to establish conditions for an employee-funded 401(a) plan. Attachments:1. 2024.9.27 PDOCC 401(a) Side Letter - Fully Executed.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To: Board of Supervisors From:Monica Nino, County Administrator Report Title:Side Letter with Physicians and Dentists Organization of Contra Costa regarding the establishment of an employee-funded 401(a) plan. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a Resolution approving the Side Letter between Contra Costa County and the Physicians and Dentists Organization of Contra Costa (PDOCC) amending Section 16.3 - Supplemental Retirement Option of the Memorandum of Understanding (MOU) between the parties to establish conditions for an employee-funded 401(a) plan. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: In 2022, the County and PDOCC agreed to explore options for an employee-funded retirement vehicle for employees who became new (non-reciprocal) members of CCCERA on or after January 1, 2013, also known as “post-PEPRA hires.” Upon adoption of the 401(a) Plan by the Board of Supervisors, Post-PEPRA hires in PDOCC will be automatically enrolled in the 401(a) Plan. Each month, employees will have deducted from their earned wages a pre-tax 401(a) Plan contribution totaling 2% of their base salary. Administrative fees and costs will be paid by participating employees. Following adoption of this Side Letter, the County will submit its 401(a) Plan for consideration by the Board of Supervisors. The terms of this Side Letter will become effective upon the future establishment of the 401(a) CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:RES 2024-347,Version:1 Plan. CONSEQUENCE OF NEGATIVE ACTION: PDOCC members will not be able to participate in the 401(a) plan when the plan is adopted. 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 Side Letter between Contra Costa County and the Physicians and Dentists Organization of Contra Costa (PDOCC) amending the Memorandum of Understanding (MOU) between the parties to establish conditions for an employee-funded 401(a) plan. The Contra Costa County Board of Supervisors acting in its capacity as the governing body of Contra Costa county RESOLVES THAT: Effective upon approval by the Board of Supervisors, the Side Letter between Contra Costa County and PDOCC be ADOPTED. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ David Sanford 9/27/2024 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3264 Name: Status:Type:Consent Item Passed File created:In control:10/1/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:INTRODUCE Ordinance No. 2024-19 amending the County Ordinance Code to exempt from the merit system the new classifications of Labor Relations Supervisor-Exempt, Senior Labor Relations Analyst- Exempt, Labor Relations Analyst-Exempt and delete the classifications of Manager Capital Facilities and Debt Management-Exempt and Director of the Office of Children’s Services-Exempt, WAIVE READING and FIX October 22, 2024, for adoption. (No fiscal impact) Attachments:1. Ordinance No. 2024-19 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Introduce Ordinance No. 2024-19 Exempting Positions from the Merit System - County Administrator’s Office ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: INTRODUCE Ordinance No. 2024-19 amending the County Ordinance Code to exempt from the merit system the new classifications of Labor Relations Supervisor-Exempt, Senior Labor Relations Analyst-Exempt, Labor Relations Analyst-Exempt and delete the classifications of Manager Capital Facilities and Debt Management- Exempt and Director of the Office of Children’s Services-Exempt, WAIVE READING and FIX October 22, 2024, for adoption. FISCAL IMPACT: No fiscal impact related to this action. Today’s action introduces an ordinance to exempt certain positions from the merit system and to remove references to certain job classifications that were previously exempt from the merit system but have since been abolished. BACKGROUND: Beginning in 2022, the County Administrator’s Office (CAO) undertook a process to comprehensively review job classifications within the department. The goal has been to conduct holistic reviews at the division level, to ensure that classifications 1) appropriately reflect current job responsibilities, 2) have clear career paths outlined for the professional growth and development of staff and 3) provide compensation reflective of job responsibilities and labor market expectations. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 5 powered by Legistar™ File #:24-3264,Version:1 Review of General Administration Division Functions In 2022, the CAO completed its first division level review of job classifications within its General Administration division, which is responsible for the day-to-day operations of the County, policy development and review, budget monitoring and development along with capital planning, debt management and legislative affairs. Ultimately, that process resulted in the prospective restructuring of existing job classifications from the merit system to being exempt from the merit system as current employees separate from County service and new recruitments are conducted in the classifications of Management Analyst, Senior Management Analyst and Senior Deputy County Administrator. The CAO also reactivated the classification of Deputy County Administrator, which had previously been unused for close to 20 years. In addition, the CAO worked with the Human Resources department to modernize the minimum qualifications and experiential requirements related to these job classifications, including development of an entry-level pipeline allowing the department access to recent college graduates looking to begin a career in local government. Review of Labor Relations Division Functions In 2024, the CAO began its holistic review of the Labor Relations division with similar goals to those of the General Administration division. A separate dimension of this review included a desire to conduct an impartial compensation and organizational review for several reasons, including 1) over the preceding two years the Human Resources department had recommended salary reallocations to certain classifications within that department based on difficult labor market conditions to attract experienced staff and 2) a change in reporting structure in 2021 following the retirement of the previous County Finance Director resulting in a change in responsibilities of the Chief of Labor Relations and reporting to the County Administrator has led to an evolution of responsibilities of the existing Principal Labor Relations Analyst. Specifically, the Principal Labor Relations Analyst has assumed a new level of supervisory responsibility, which had not previously been embedded within that role. 3) Recognizing the difference in roles, responsibilities and expectations between the Labor Relations division and the Human Resources department. Selection of Outside Consultant In January 2024, the CAO conducted informal outreach to public sector consulting firms familiar with the County’s operations to gauge interest in assisting with a salary and organizational study of the Labor Relations divisions. Following consultation meetings with Citygate Associates (Citygate) and Harvey Rose & Associates, Citygate was selected to perform this work. Both firms were well qualified to complete the requested scope of work; however, the Citygate team was led by Mr. Marc Fox, retired Solano County Director of Human Resources and former Assistant City Manager for the City of Pittsburg. Given Mr. Fox’s experience in human resources and familiarity with the County, the CAO executed a contract with Citygate in an amount not to exceed $13,500 to conduct this study on February 9, 2024 and work commenced immediately thereafter. Summary of Major Study Findings and Recommendations On April 30, 2024, Citygate issued a final report to the County with findings and recommendations related to the Labor Relations Division, including observations about the relationship between department and central human resources staff, market compensation data and proposed solutions to address internal inequities. Ultimately, Citygate delivered the study on time and under budget with a total cost to the County of $11,519. Below is a summary of major findings and recommendations: 1.Chief of Labor Relations Salary. The County requested that Citygate review the market compensation CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 5 powered by Legistar™ File #:24-3264,Version:1 data for the Chief of Labor Relations classifications using the County’s typical comparison counties as well as a secondary analysis of which comparison counties provide central labor relations services specifically to county hospital functions. This is an important element and indicator of the level of sophistication required of a central labor relations function versus one that is standalone within a hospital system. Based on each review, the study found that the County’s Chief of Labor Relations classification was compensated at 11.75% greater than the median of all comparable counties, but was 1.43% less than the median of the subset of three counties that provide labor relations services to county hospital systems from that County’s central labor relations function. 2.Labor Relations Analyst II Salary. The County also requested that Citygate review the market compensation data for the Labor Relations Analyst II classification using the typical comparison counties. This classification is the Labor Relations divisions’ journey level classification within the established career path. Based on the review, the study found that the Labor Relations Analyst II classification was compensated at 4.71% below the median of all comparable counties. 3.Evolution of Principal Labor Relations Analyst to Labor Relations Supervisor. Since the establishment of the Chief of Labor Relations classification July 27, 2021, the incumbent of that position has become responsible for leading the development of overall labor relations strategy options for the Board of Supervisors and executive leadership. Previously, the County Administrator’s Office provided this level of strategy oversight from the General Administration division and the since abolished classification of Labor Relations Manager carried out that strategy and managed the day-to-day functions of employee relations across the County. Over the past three years as the role of the Chief of Labor Relations has become more established, there has been a natural assumption of supervisory duties over that time for certain tasks within the Labor Relations division by the Principal Labor Relations Analyst, although this is not currently established as a supervisory position. The Citygate study recommends that this new supervisory role be codified in the organizational structure of the division; specifically, that the Principal Labor Relations Analyst classification be abolished and replaced with a Labor Relations Supervisor classification. This also adds a layer of organizational succession planning and stability in cases where the Chief of Labor Relations may be unavailable to the Board of Supervisors or the County Administrator. In terms of establishing compensation for this new position, Citygate reviewed the internal alignment of like classifications within the Human Resources department. Specifically, Citygate is recommending that the top salary step for the new classification of Labor Relations Supervisor be established at a rate of 20.7% above the top salary step of the Labor Relations Analyst II classification. This reflects the current internal convention applied between the Human Resources Supervisor classification and the Human Resources Analyst classification. 4.Transition to Consistent Five (5) Step Salary Range. Currently, the Labor Relations division uses a mixed approach to the number of salary steps within the salary range for certain job classifications. For example, the Labor Relations Technician classification has five (5) salary steps with the other labor relations-based classifications having seven (7) salary steps. Similar jobs classifications within central and department human resources job classifications typically have five (5) steps within the salary range. To complete this step reduction, it is recommended that steps 1 and 2 of each impacted classification be deleted (for example, the current step 3 will become the new step 1, etc. for each impacted job classification). CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 5 powered by Legistar™ File #:24-3264,Version:1 Summary of Proposed Reorganization Subsequent to delivery of the study by Citygate, the County Administrator’s Office reviewed the proposed recommendations, including the major findings and recommendations above. In addition to the proposed recommendations by Citygate, it was determined that the analyst and supervisory positions within the Labor Relations division should be exempted from the merit system, similar to the process undertaken in 2022 for other County Administrator department classifications given the nature of the work and similar applications of at-will status among executive department classifications across the state. Based on the Citygate recommendations and the application of exempt status to Labor Relations division classifications, below is a comparison summary of the current and proposed organizational structures of the Labor Relations division reflecting proposed changes in titles, compensation amounts (as outlined above), revisions to step counts and impacts on compaction between classifications: Current Monthly Annually No. Steps Compaction (Top Step) Chief of Labor Relations-Exempt $19,923.39 $239,080.72 7 39.3% Principal Labor Relations Analyst $14,299.14 $171,589.70 7 10.0% Labor Relations Analyst II $13,002.56 $156,030.71 7 15.6% Labor Relations Analyst I $11,252.46 $135,029.54 7 46.6% Labor Relations Technician $7,678.27 $92,139.26 5 Proposed Notes Chief of Labor Relations-Exempt $20,208.30 $242,499.57 5 23.0%1.43% Labor Relations Supervisor-Exempt $16,433.28 $197,199.37 5 20.7%20.7% above Senior LA (LAII) Senior Labor Relations Analyst-Exempt$13,614.98 $163,379.76 5 21.0%4.71% Labor Relations Analyst-Exempt $11,252.46 $135,029.54 5 46.5%No change Labor Relations Technician $7,678.27 $92,139.26 5 No change Today’s action introduces Ordinance No. 2024-19 which exempts certain classifications within the Labor Relations division from the merit system as outlined above and fixes October 22, 2024 for adoption. In addition, the ordinance proposes to delete reference to two (2), previously abolished job classifications that were formerly exempt from the merit system. On October 22, 2024, in addition to proposing adoption of Ordinance No. 2024-19, certain actions to effectuate the remainder of the proposed reorganization described herein will be recommended for the Board’s approval, including creation of new job classifications with salary allocations and step counts consistent with the information presented in this staff report along with related cost impacts. CONSEQUENCE OF NEGATIVE ACTION: Ordinance No. 2024-19 will not be formally introduced to the Board of Supervisors and a future date will not be fixed for adoption. Should the Board wish to proceed with exempting classifications from the merit system related to the Labor Relations division reorganization, the Ordinance will need to be introduced at a future Board meeting. CONTRA COSTA COUNTY Printed on 10/29/2024Page 4 of 5 powered by Legistar™ File #:24-3264,Version:1 CONTRA COSTA COUNTY Printed on 10/29/2024Page 5 of 5 powered by Legistar™ ORDINANCE NO. 2024-19 ORDINANCE NO. 2024-19 (Exclude from the Merit System the new classifications of Labor Relations Analyst-Exempt, Senior Labor Relations Analyst-Exempt, and Labor Relations Supervisor-Exempt, and delete the classifications of Manager Capital Facilities and Debt Management- Exempt and Director of the Office of Children Services-Exempt) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I: Section 33-5.307 of the County Ordinance Code is amended to exclude from the merit system the new classifications of Labor Relations Analyst-Exempt, Senior Labor Relations Analyst-Exempt, and Labor Relations Supervisor-Exempt, and to delete the classifications of Manager Capital Facilities and Debt Management-Exempt and Director of the Office of Children Services-Exempt, and to read as follows: 33-5.307 - County administrator. (a)The county administrator is excluded and is appointed by the board of supervisors. (b)The following positions in the county administrator's office are excluded and are appointed by the county administrator: chief assistant county administrator, assistant county administrator, executive assistant I to the county administrator- exempt, executive assistant II to the county administrator-exempt, chief public communications officer-exempt; county finance director-exempt, chief of labor relations-exempt, labor relations supervisor-exempt, senior labor relations analyst-exempt, labor relations analyst-exempt, management analyst-exempt, senior management analyst-exempt, deputy county administrator-exempt, and senior deputy county administrator-exempt. (Ord. Nos. 2024-19 §I, 10-22-2024; 2023-12 §I 6-13-2023; 2021-26 § III, 9-14-2021; 2014-05 § IV, 4-1-14; 2012-07 § I, 7-31-12; 2007-40 § 1; 2007-20 § 1; 2007-02 § 1; 2006-54 § 1; 2005-36 § 1; 2004-03 § 1; 2002-26 § 1; 97-47 § 1; 95-41 § 1; 85-7 § 2; 81- 70 § 2; 81-32 § 1[2]; 80-56 § 1; 79-43 § 2; 76-21; 73-9 § 3: former § 32-2.602(8): prior code § 2413(h): Ords. 1449, 1444, 1289, 1209, 703 § 2, 627 § 2 (8-31-51): §§ 24-4.002, .004, .012, .013) // // // // ORDINANCE NO. 2024-19 SECTION II: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the ___________________, a newspaper published in this County. PASSED ON ____________________________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, Clerk of the Board of Supervisors and County Administrator By:_________________________ _____________________________ Deputy Board Chair [SEAL] 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3266 Name: Status:Type:Consent Item Passed File created:In control:8/29/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:Acting as the governing board of the Contra Costa County Fire Protection District, APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Fire Chief, a purchase order with L.N. Curtis, in an amount not to exceed $3,500,000 for the acquisition of firefighting equipment, rescue tools, HazMat equipment, and related accessories for the period September 1, 2024 through December 31, 2025. (100% CCCFPD General Operating Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Lewis Broschard, Chief, Contra Costa County Fire Protection District Report Title:Blanket Purchase Order for L.N. Curtis ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing board of the Contra Costa County Fire Protection District,APPROVE and AUTHORIZE the Purchasing Agent to execute,on behalf of the Fire Chief,a purchase order with L.N. Curtis,in an amount not to exceed $3,500,000 for the acquisition of firefighting equipment,rescue tools,HazMat equipment,and related accessories for the period September 1,2024 through December 31, 2025. FISCAL IMPACT: Budgeted. 100% CCCFPD General Operating Fund. BACKGROUND: The Contra Costa County Fire Protection District is committed to ensuring that the quality of its equipment meets safety standards established by the National Fire Protection Association (NFPA).L.N.Curtis is the primary distributor of fire,rescue,and emergency response equipment in California,providing many specialized products essential for the Fire District’s operations.To support emergency operations and the delivery of fire and rescue services to the public, timely access to specialized equipment is critical. Standardized firefighting equipment and personal protective equipment are vital for the safety of fire suppression personnel.Standards such as NFPA 1970 ensure the safety of personal protective equipment, CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3266,Version:1 suppression personnel.Standards such as NFPA 1970 ensure the safety of personal protective equipment, uniforms,self-contained breathing apparatus,and safety alert systems.The majority of the products and equipment sold by L.N. Curtis comply with NFPA and OSHA safety standards. This purchase is made through the Fire District’s participation in the Sourcewell cooperative procurement program,subject to the terms and conditions of the Sourcewell Master Contract,for the acquisition of firefighting equipment, rescue tools, HazMat equipment, and related accessories. CONSEQUENCE OF NEGATIVE ACTION: If this blanket purchase order is not approved,the District will not have ready access to the specialized equipment needed to fulfill its mission. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3267 Name: Status:Type:Consent Item Passed File created:In control:9/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:Acting as the governing board of the Contra Costa County Fire Protection District; APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Fire Chief, a purchase order with All Star Fire Equipment Inc., in an amount not to exceed $630,000 to procure personal protective equipment and wildland firefighting gear for the period October 1, 2024 through October 31, 2025. (100% CCCFPD General Operating Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Lewis Broschard, Chief, Contra Costa County Fire Protection District Report Title:Purchase of Personal Protective Equipment and Wildland Gear ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing board of the Contra Costa County Fire Protection District,APPROVE and AUTHORIZE the Purchasing Agent to execute,on behalf of the Fire Chief,a purchase order with All Star Fire Equipment Inc.,in an amount not to exceed $630,000 for Personal Protective Equipment (PPE)and Wildland gear from October 1, 2024 through October 31, 2025. FISCAL IMPACT: Budgeted. 100% CCCFPD General Operating Fund. BACKGROUND: The Contra Costa County Fire Protection District (District)is responsible for providing wildland firefighting personal protective clothing and equipment (PPE)to its firefighters.The District purchases and maintains this PPE in accordance with national standards established by the National Fire Protection Association (NFPA). Specifically,NFPA 1951 outlines standards for Protective Ensembles for Technical Rescue Incidents,while NFPA 1977 specifies standards for Protective Clothing and Equipment for Wildland Fire Fighting and Urban Interface Fire Fighting.These standards are undergoing updates to include annual inspections and to establish a 10-year lifespan for PPE fabric. As requirements evolve,the District must make necessary adjustments to ensure firefighter safety.To accommodate annual inspections and repairs,it is essential to provide firefighters with a second set of PPE. Additionally,the District seeks to purchase PPE for firefighters responding to technical rescue incidents.The District can acquire dual-certified PPE that serves both purposes:it will provide a second set of wildland firefighting PPE for annual inspections and act as the primary PPE for technical rescue incidents. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3267,Version:1 All Star Fire Equipment Inc.is a reputable fire,rescue,and emergency response equipment distributor in California.The PPE available through All Star Fire Equipment,Inc.is compliant with NFPA and OSHA standards, ensuring the safety of our firefighters. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, the District will fail to meet NFPA and OSHA standards. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3268 Name: Status:Type:Consent Item Passed File created:In control:9/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:Acting as the governing board of the Contra Costa Fire Protection District, APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Fire Chief, a purchase order from Western State Design, in an amount not to exceed $25,000 for the acquisition, installation, and maintenance of a personal protective equipment contaminant extractor appliance. (100% CCCFPD General Operating Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Lewis Broschard, Chief, Contra Costa County Fire Protection District Report Title:Fire Station 15 Extractor ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing board of the Contra Costa County Fire Protection District,APPROVE and AUTHORIZE the Purchasing Agent to execute,on behalf of the Fire Chief,a purchase order with Western State Design,in an amount not to exceed $25,000,for the acquisition,installation,and maintenance of an extractor appliance. FISCAL IMPACT: Budgeted. 100% CCCFPD General Operating Fund. BACKGROUND: When responding to calls and extinguishing fires,firefighters'turnout gear can become contaminated with carcinogenic materials,toxic chemicals,and other hazardous substances.A turnout gear extractor is essential for effectively cleaning and decontaminating this gear,ensuring the removal of carcinogens and other toxic particles. The proposed extractor from Western State Design will be appropriately sized and outfitted to enhance efficiency,allowing for the simultaneous washing of multiple sets of gear.Regular cleaning using this extractor will help reduce fabric damage and maintain the gear's effectiveness,thereby ensuring our firefighters'safety and health. This purchase agreement includes indemnity and a limitation of liability of the vendor. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3268,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved,firefighting personnel stationed at Fire Station 15 will not have the proper technology to remove contaminants and other cancer-causing substances from their personal protective equipment. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3269 Name: Status:Type:Consent Item Passed File created:In control:9/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:Acting as the governing board of the Contra Costa Fire Protection District, APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract amendment with the Moraga-Orinda Fire District (MOFD), to increase the amount payable to the District by $100,000 to a new payment limit of $265,000 for the increasing costs of providing fuel mitigation and hazard abatement services, with no change to the term ending April 15, 2025. (100% MOFD) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Lewis Broschard, Chief, Contra Costa County Fire Protection District Report Title: Moraga-Orinda Fire District Fuel Mitigation and Hazard Abatement Agreement ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing board of the Contra Costa County Fire Protection District, APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract amendment with Moraga-Orinda Fire District,to increase the payment limit by $100,000 to a new payment limit of $265,000 for fuel mitigation and hazard abatement, with no change to the term ending April 15, 2025 . FISCAL IMPACT: The Moraga-Orinda Fire District (MOFD)will compensate the Contra Costa County Fire Protection District (CCCFPD)based on the specific needs of each property.This arrangement is intended to be cost-neutral,as MOFD will reimburse CCCFPD for the labor and equipment costs incurred with each assignment. BACKGROUND: The Fire District seeks to amend the current agreement to reflect an increase in the payment limit and to incorporate updated labor costs associated with each assignment. This agreement is part of a larger initiative for ongoing fuel mitigation and external hazard abatement work conducted by the Contra Costa County Fire Protection District (CCCFPD).This initiative includes roadway clearance for evacuation routes,brush removal,prescribed burns,and other related fuel mitigation efforts during the non-peak fire season (fall/winter). CONSEQUENCE OF NEGATIVE ACTION: If not approved,the Contra Costa County Fire Protection District (CCCFPD)will not receive adequate compensation from the Moraga-Orinda Fire District (MOFD)for fuel mitigation and external hazard abatement CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3269,Version:1 work. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3270 Name: Status:Type:Consent Item Passed File created:In control:9/23/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:Acting as the governing board of the Contra Costa Fire Protection District, APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Fire Chief, a purchase with Wing Inflatables, Inc, in an amount not to exceed $35,000 for the acquisition, installation, disposal, removal, and repair of the boat collar for Fire Boat 9. (100% CCCFPD General Operating Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Lewis Broschard, Chief, Contra Costa County Fire Protection District Report Title:Boat Collar Fire Boat 9 - Wing Inflatables, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing board of the Contra Costa County Fire Protection District,APPROVE and AUTHORIZE the Purchasing Agent to execute,on behalf of the Fire Chief,a purchase from Wing Inflatables, Inc,in an amount not to exceed $35,000 for the acquisition,installation,disposal,removal,and repair of the boat collar for Fire Boat 9. FISCAL IMPACT: Budgeted. 100% CCCFPD General Operating Fund BACKGROUND: Fireboat 9 is a 29-foot SAFE BOAT acquired by the East Contra Costa County Fire Protection District in 2005. Due to their functionality and durability,SAFE BOATS are the prominent response vessels for the U.S. military. This model is used by police and fire providers across the country. The boat features an original polyethylene foam collar from 2005,which has been meticulously maintained since it began service with Contra Costa County Fire in 2014.While Fireboat 9 has significant service life remaining,the original collar is degrading.Following the replacement of the outboards in 2023,we have made substantial progress in ensuring the boat continues to serve the community effectively.With its 3/8-inch,5086 aluminum hull designed for longevity, a new collar will further enhance the boat's performance. Investing in a new collar will improve transverse stability and buoyancy while distinguishing Fireboat 9 as a Contra Costa County vessel,setting it apart from U.S.Coast Guard and law enforcement boats.Despite its classic design,the dedicated personnel maintain it with great care.However,the collar cannot be repaired CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3270,Version:1 classic design,the dedicated personnel maintain it with great care.However,the collar cannot be repaired without replacement. In conclusion,this investment will extend the service life of the boat's hull for at least another ten years,making it a sound financial decision given that a comparable replacement vessel would exceed one million dollars. The purchase agreement includes a limitation of liability and indemnification. CONSEQUENCE OF NEGATIVE ACTION: Without this replacement part, the boat is at risk of being removed from service. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3313 Name: Status:Type:Consent Item Passed File created:In control:9/16/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Position Adjustment Resolution No. 26338 to increase the hours of one (1) Clerk-Experienced Level position in the Health Services Department. (100% Hospital Enterprise Fund I)(Represented) Attachments:1. P300-26338, 2. Signed P300 26338.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Position Adjustment Resolution to increase the hours of one Clerk-Experienced Level (JWXB) position in the Health Services Department. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26338 to increase the hours of one (1) Clerk-Experienced Level (JWXB) position #15783 at salary plan and grade 3RH 0750 ($4,213.17 - $5,227.45) and its incumbent EE#89952 from 32/40 to 40/40 (6386 - Concord Health Center) in Health Services. FISCAL IMPACT: Upon approval, this request will result in an annual increase of approximately $20,148.67 with pension costs of $2,943.51 already included. (100% Hospital Enterprise Fund I) BACKGROUND: The incumbent supports four physicians and is needed from 8:00-5:00 Monday through Friday to maintain business operations. The part-time incumbent of Clerk-Experience Level position #15783 has consistently been working full-time hours and has requested to permanently increase their hours from part-time to full-time. The department has determined this would be of benefit to operations. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Concord Health Center will continue to have insufficient staff to provide support for the physicians and to maintain business operations. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3313,Version:1 CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3314 Name: Status:Type:Consent Item Passed File created:In control:8/23/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Position Adjustment Resolution No. 26336 to add one (1) Quality Management Program Coordinator position and cancel one (1) vacant Health Services Information Systems Specialist position in the Health Services Department. (100% HMO Enterprise Funds)(Represented) Attachments:1. P300-26336, 2. Signed P300 26336.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Add one (1) Quality Manager Program Coordinator (VRHA) and cancel one (1) Health Services Information Systems Specialist (LBTB) (vacant) in Health Services ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26336 to add one (1) Quality Manager Program Coordinator (VRHA) at salary plan and grade ZA5 1961 ($10,933.46 - $13,289.68) and cancel one (1) Health Services Information Systems Specialist (LBTB) position #18953 (vacant) at salary plan and grade ZB5 1541 ($7,213.62 - $9,666.94) in Health Services. FISCAL IMPACT: Upon approval, this request will result in an annual increase of approximately $69,817.52 with pension costs of $10,199.62 already included. (100% HMO Enterprise Funds) BACKGROUND: A Quality Management Program Coordinator (QMPC) is needed to work with all CCHP Departments and some Administration staff that report directly to the CEO as programs are expanded. CCHP is expanding its managed care footprint and expanding to the Duals and Special Needs Program (DSNP) along with a Supplemental Medicare Advantage Plan. This new expansion is a direct contract with the Center for Medicaid and Medicare (CMS) which will require more quality workflows. Furthermore, CCHP is designing a more robust Member Engagement Unit. This position will administer surveys to all members along with collecting data from town hall meetings and focus groups. Using this new data, we will create monthly Member Satisfaction Dashboard that will impact how we meet our members needs to ensure they are using the preventive services. This position will intersect with the clinical operations and review claims data to ensure we know the major disease of the membership. Also, this position will monitor the enrollment of new member groups for DSNP, commercial products, and Medi-Cal. This role will also collaborate with the Analysis & Reporting Department CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3314,Version:1 to create a Medical Informatics function that will perform data mining and look at the top 20 diseases of our members to develop an additional Disease Management Program for Preventive Care based on data analysis. CONSEQUENCE OF NEGATIVE ACTION: If not approved, Contra Costa Health Plan cannot effectively execute the DSNP Quality program which may negatively affect how we measure member engagement to show outcomes that ensure a better quality of life for our members. Also, CMS has a star program in which HMOs quality rates requirements are new to CCHP as a DSNP. Without this position it leaves CCHP leadership at a deficit for oversight of new quality programs. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3315 Name: Status:Type:Consent Item Passed File created:In control:8/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Position Adjustment Resolution No. 26337 to add two (2) Registered Nurse positions and cancel two (2) vacant Licensed Vocational Nurse positions in the Health Services Department. (100% HMO Enterprise Funds)(Represented) Attachments:1. P300-26337, 2. Signed P300 26337.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Position Adjustment Resolution No. 26337 to add two Registered Nurse Positions and cancel two Licensed Vocational Nurse Positions in Health Services. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26337 to add two (2) Registered Nurse (VWXG) positions at salary plan and grade L32-1880 ($12,483.69 - $15,590.42) and cancel two (2) (vacant) Licensed Vocational Nurse (VT7G) positions #16040 and #17426 at salary plan and grade TAX 1287 ($5,595.07 - $7,145.13) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this request will result in an annual increase of approximately $325,515.33 with pension costs of $47,554.42 already included. (100% HMO Enterprise Funds) BACKGROUND: The Contra Costa Health Plan within the Health Services Department is anticipating an increase in volume/workload in utilization management. As a result of the Single Plan Model transition, the carve-in of additional long-term care types, the Adult Expansion, and traditional FFS transition, the department is anticipating an additional 40,000 to 50,000 members. With these transitioning members in utilization management, there will be an increase in prior authorization reviews, requests for continuity care, and inpatient concurrent reviews. RNs can perform more medical reviews and assessments unlike the LVN classification, and having additional RNs in the Utilization Management Department will allow staff to appropriately address authorization reviews and comply with mandated turnaround times. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to comply with mandated turnaround times. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3315,Version:1 CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3316 Name: Status:Type:Consent Item Passed File created:In control:8/22/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Position Adjustment Resolution No. 26335 to add one (1) Business Systems Analyst and cancel one (1) vacant Health Services Information Systems Specialist position in the Health Services Department. (100% HMO Enterprise Funds)(Represented) Attachments:1. P300-26335, 2. Signed P300 26335.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Add one (1) one (1) Business Systems Analyst (LTWK) position and cancel one (1) Health Services Information Systems Specialist (LBTB) (vacant) position in Health Services ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26335 to add one (1) Business Systems Analyst (LTWK) at salary plan and grade ZB5 1694 ($8,393.53 - $10,202.39) and cancel one (1) Health Services Information Systems Specialist (LBTB) (vacant) position #18952 at salary plan and grade ZB5 1541 ($7,213.62 - $9,666.94) in the Health Services Department. FISCAL IMPACT: Upon approval, this request will result in an annual increase of approximately $10,319.19 with pension costs of $1,507.53 already included. (100% HMO Enterprise Funds). BACKGROUND: The Business Analyst classification has been identified as a need to help support D-SNP technology work. Medicare D-SNPs are specialized Medicare Advantage plans designed to serve individuals who are eligible for both Medicare and Medi-Cal. These plans are intended to provide coordinated care and offer additional benefits tailored to the unique and complex healthcare and psychosocial needs of dual-eligible individuals. Through CCHP’s D-SNP, CCHP aims to streamline services, improve health outcomes, and reduce healthcare disparities among our dual-eligible population. Responsibilities include but are not limited to assisting in identifying the business needs and functional requirements of the system, gathering and analyzing data to conclude needs of business and translate technical requirements, create workflow, coordinate and communicate deliverables. Responsibilities also include collaborating and communicating with project manager, IT, and cross functional teams. This position will utilize data metrics to establish SMART goals for all DSNP needs. There are a total of CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3316,Version:1 13 areas of focus* to support with deliverables needed as early as October 2024. *CRM, Enrollment, Pharmacy Benefits Manager, Model of Care, Call Center, Claims/Benefit/Pricing, Fraud Waste & Abuse, Stars, Risk Adjustment, Encounters, Hedis Measures, Provider Network - HPMS HSD Tables, Reporting & Data Management CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to meet its business needs and will miss key system and data deliverables. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3304 Name: Status:Type:Consent Item Passed File created:In control:9/17/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Position Adjustment Resolution No. 26334 to decrease the hours of one Pediatrician- Hospitalist - Exempt position and one Pediatrician-Ambulatory - Exempt position, and increase the hours of one OBGYN-Family Medicine, Advanced Obstetric – Exempt position and one Pediatrician- Ambulatory – Exempt position in the Health Services Department. (100% Hospital Enterprise Fund I) (Represented) Attachments:1. P300-26334, 2. P300-26334-Attachment A, 3. Signed P300 26334.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Decrease the Hours of One Pediatrician-Hospitalist - Exempt, Decrease the Hours of One Pediatrician-Ambulatory - Exempt, Increase the Hours of One OBGYN-Family Medicine, Advanced Obstetric - Exempt, and Increase the Hours of One Pediatrician-Ambulatory - Exempt in Health Services Department ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26334 to decrease the hours of one (1) Pediatrician-Hospitalist - Exempt (VPS0) position #7816 at salary plan and grade 1PX 1006 ($18,479.31 - $20,999.21) and its incumbent EE#82002 from 40/40 to 31/40 hours. Decrease hours for one (1) Pediatrician-Ambulatory - Exempt (VPS9) at salary plan and grade 1PX 1009 ($19,873.44 - $22,744.05) position #19717 and its incumbent EE#95532 from 40/40 to 32/40 hours. Increase the hours of one (1), Advanced Obstetric - Exempt (VPS6) at salary plan and grade 1PX 1006 ($18,479.31 -$20,999.21) position #8039 and its incumbent EE#88377 from 22/40 to 40/40 hours. Increase the hours of one (1) Pediatrician-Ambulatory - Exempt (VPS9) at salary plan and grade 1PX 1009 ($19,873.44 - $22,744.05) position #9542 and its incumbent EE#82125 from 36/40 to 40/40 hours in Health Services. FISCAL IMPACT: Upon approval, this request will result in an annual cost of approximately $47,224.45 with pension costs of $6,899.00 already included. (100% Hospital Enterprise Fund I) BACKGROUND: Incumbents in the Pediatrician-Hospitalist - Exempt, Pediatrician-Ambulatory - Exempt, and OBGYN-Family Medicine, Advanced Obstetric - Exempt classifications can request that their position hours be increased or decreased, as outlined in the Physician’s & Dentists’ Organization of Contra Costa (PDOCC) MOU. After CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3304,Version:1 reviewing the requests, the Medical Staffing Office agrees with adjusting the hours of positions #7816, #19717, #8039, and #9542 as these changes will not impact any patients or have a negative impact to operations. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be complying with the negotiated MOU terms previously agreed upon with the unions. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ P300 ATTACHMENT A Increase, decrease the hours of various classifications in the Health Services Department. Decrease the hours of one (1) Pediatrician-Hospitalist - Exempt (VPS0) position #7816 and its incumbent EE#82002 from 40/40 to 31/40 (org #6302) Decrease the hours of one (1) Pediatrician-Ambulatory – Exempt (VPS9) position #19717 and its incumbent EE#95532 from 40/40 to 32/40 (org #6386) Increase the hours of one (1) OBGYN-Family Medicine, Advanced Obstetric – Exempt (VPS6) position #8039 and its incumbent EE#88377 from 22/40 to 40/40 (org#6301) Increase the hours of one (1) Pediatrician-Ambulatory – Exempt (VPS9) position #9542 and its incumbent EE#82125 from 36/40 to 40/40 (org#6388) 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3305 Name: Status:Type:Consent Item Passed File created:In control:9/25/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Thermo Fisher Scientific (Asheville) LLC in an amount not to exceed $1,099, and a related agreement for the purchase of preventative maintenance and services for a refrigerator at the Contra Costa Regional Medical Center Inpatient Pharmacy for the period October 3, 2024 through October 2, 2025. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Order with Thermo Fisher Scientific (Asheville) 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 Thermo Fisher Scientific (Asheville) LLC in an amount not to exceed $1,099, and Instrument Service Agreement Quote for the purchase of preventative maintenance and services for a refrigerator at the Contra Costa Regional Medical Center Inpatient Pharmacy for the period from October 3, 2024 through October 2, 2025. FISCAL IMPACT: Approval of this action will result in an expenditure of $1,099 and will be funded by the Hospital Enterprise Fund I revenues. BACKGROUND: In 2014 the Inpatient pharmacy received a Thermo Fisher refrigerator for the storage of IV medications for use at CCRMC from Baxter Healthcare. Once order qualifications were met in 2017, Baxter Healthcare transferred ownership of the refrigerator to Contra Costa County. Since that time the Inpatient pharmacy has maintained a warranty agreement with Thermo Fisher in case of failure or service maintenance using a purchase order. On October 24, 2023, the Board of Supervisors approved agenda item C.37 to execute a purchase order with Thermo Fisher Scientific (Asheville) LLC in an the amount of $1,095.00, and related agreement for the period of October 3,2023 through October 2, 2024. Execution of the Instrument Service Agreement Quote includes agreeing to the contractor's Terms and Conditions of Service. Those terms and conditions contain limited liability provisions, which limit the CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3305,Version:1 contractor's liability such that it's total liability will not exceed the charge paid by the County for the services provided. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, the CCRMC Inpatient Pharmacy will not be able to purchase the warranty to cover the refrigerator in case of failure. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3306 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order amendment with QlikTech Inc. to increase the payment limit by $50,000 to an amount not to exceed $501,881 for clinical and financial analytics software with no change to the term ending August 31, 2025. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Amendment to Purchase Order with QlikTech 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 #26331 with QlikTech Inc. to increase the payment limit by $50,000 to a new payment limit of $501,881 for clinical and financial analytics software with no change to the term ending August 31, 2025. FISCAL IMPACT: Approval of this action will result in in additional expenditure of $50,000 and will be funded 100% by Hospital Enterprise Fund 1 revenues. BACKGROUND: Contra Costa Health (CCH) Information Technology has been utilizing QlikTech’s analytics software since 2016. The specialized software provides clinical, financial and operational data which complements the County’s needs by identifying improvements in care and opportunity for reducing costs. On May 10, 2016, the Board of Supervisors approved agenda item C.68 to execute a contract with QlikTech to explore clinical, financial, and operational data through its software services agreement for the period of June 1, 2016, through June 30, 2017. On May 23, 2017, the Board of Supervisors approved agenda item C.89 to execute an amendment to the Software services agreement with QlikTech in an amount not exceed $330,000, for the continuation of the subscription through May 31, 2018. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3306,Version:1 On December 12, 2017, the Board of Supervisors approved agenda C.41 to execute an amendment to the software services agreement with QlikTech to increase the payment limit to $553,000 with no changes to contract term. On March 1, 2022, the Board of Supervisors approved agenda C.30 to execute a renewal of the software services agreement with QlikTech in an amount not exceed $233,991 for the period from March 1, 2022 through June 30, 2024. On October 11, 2022, the Board of Supervisors approved agenda C31 to execute a Purchase Order agreement with QlikTech in an amount not exceed $451,881 for the period of September 1, 2022 through August 31, 2025. Approval of the amendment to the Purchase Order will allow the Contractor to continue providing software maintenance services through August 31, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this software services are not renewed the internal health quality metric dashboards will not function as necessary impacting service of our patient care. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3317 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Black Duck Software, Inc., to increase the payment limit by $122,378 to an amount not to exceed $516,378, and extend the term through August 2, 2025 and for successive one-year terms thereafter (until terminated) for software licenses and subscription services for the Health Services Information Systems Unit. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Amendment/Extension #23-507-6 with Black Duck 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 an Amendment to Contract #23-570 with Black Duck Software,Inc.,a corporation,to increase the payment limit by $122,378,from $394,000,to a new payment limit of $516,378 and to extend the termination date to August 2,2025,and for successive (1)year renewal terms thereafter until terminated for software licenses and subscription services for third-party software application security for the Health Services Information Systems Unit. FISCAL IMPACT: Approval of this Amendment will result in additional annual expenditures of up to $122,378 and will be funded as budgeted by the department in FY 2024-25, by 100% Hospital Enterprise Fund I.(Rate increase) BACKGROUND: This Contract meets the needs of the County by providing third-party application security software as a service. WhiteHat Sentinel is a Software-as-a-Service (SaaS)solution providing application security that assesses code and assists in identifying and remediating vulnerabilities before the code is pushed to production by incorporation of security across the entire software development lifecycle (SDLC)that helps proactively protect CCH’s digital estate against cyber threats.Contra Costa Health’s Information Systems Unit utilizes applications hosted by third-party sites.This software analyzes and minimizes risk before and during the ongoing use of these systems. In November 2015,the County Administrator approved,and the Purchasing Services Manager executed Contract #23-570 with WhiteHat Security,Inc.,to provide software maintenance and support services CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 3 powered by Legistar™ File #:24-3317,Version:1 Contract #23-570 with WhiteHat Security,Inc.,to provide software maintenance and support services including,but not limited to,consulting and technical support for the Department’s Information Systems Unit, for the period from August 3, 2015 through August 3, 2016. On August 16,2016,the Board of Supervisors approved Contract Amendment/Extension #23-570-1 with WhiteHat Security,Inc,effective August 1,2017,to increase the payment limit by $100,000 to a new payment limit of $150,000 and to extend the termination date from August 3,2016 to August 3,2017 for additional consulting, technical support and training for the Department’s Information Systems. On August 18,2017,the Board of Supervisors approved Contract Amendment/Extension #23-570-2 with WhiteHat Security,Inc,effective August 1,2016,(to amend Contract #23-570,as amended by #23-570-1)to increase the payment limit by $85,000 to a new payment limit of $235,000 and to extend the termination date from August 3,2017 to August 3,2018 for additional consulting,technical support and training for the Department’s Information Systems. On August 15,2017,the Board of Supervisors approved Contract #23-570-3 with WhiteHat Security,Inc, effective August 1,2017,to execute Service Orders (under Contract #23-570,as amended by #23-570-1 and 23 -570-2)and increase the payment limit by $39,000 to a new payment limit of $274,000 for additional consulting,technical support and training for the Department’s Information Systems with no change in the term. On August 7,2018,the Board of Supervisors approved Contract #23-570-4 with WhiteHat Security,Inc,in an amount not to exceed $120,000 for additional consulting,technical support and training for the Department’s Information Systems for the term August 3, 2018 through August 2, 2019. On August 7,2018,the Board of Supervisors approved Contract #23-570-4 with WhiteHat Security,Inc,in an amount not to exceed $120,000 for additional consulting,technical support and training for the Department’s Information Systems for the term August 3, 2018 through August 2, 2019. On August 6,2019,the Board of Supervisors approved the issuance of Purchase Order #016767 and a Service Order with WhiteHat Security,Inc,in an amount not to exceed $393,976 for additional consulting,technical support and training for the Department’s Information Systems for the term August 3,2019,through August 2, 2022. In April 2022, Synopsys announced that it signed a definitive agreement to acquire WhiteHat Security. CCH has been contracting with this vendor since (at least)November 2015 for its services concerning vulnerability scanning software.This Contractor was approved as a sole source contractor by the Public Works Department’s Purchasing Division on April 30,2024.CCH will monitor measurable service contract deliverables with outcomes required of the Contractor.CCH’s access to subscription services and support will be monitored by the department in compliance with Section III(B)(7)of the Purchasing Policy.This Contract was approved by CCH Personnel to ensure no conflict with labor relations. This Contract Amendment Agreement,#23-570-6,includes the following:(i)per Section 13.8 (Assignment)of the Agreement,Synopsys (as successor in interest to WhiteHat Security,Inc.)assigns all of its rights,title,and interest in the Agreement to Black Duck,and Black Duck assumes all of the obligations of Synopsys under the Agreement,(ii)a Purchasing Agreement to continue software licenses and subscription services for twelve (12) months from the start date (August 3,2024)until terminated,and (iii)the First Amendment to Master Software and Services Agreement (Contract #23-570),allowing the Contractor to provide additional consulting,technical support,and training for the Department’s Information Systems through August 2,2025,and for successive (1) year renewal terms thereafter until terminated. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 3 powered by Legistar™ File #:24-3317,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If this Amendment is not approved,CCH's Information Systems Unit will be unable to maintain the related software licensing and subscription services to receive support and training from this contractor to help mitigate risks associated with externally hosted applications and minimize risks associated with cyberattacks. CONTRA COSTA COUNTY Printed on 10/29/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3291 Name: Status:Type:Consent Item Passed File created:In control:9/25/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director a blanket purchase order with Covidien Sales LLC, in an amount not to exceed $1,200,000, and Letter of Commitment for the purchase of instruments, sutures, and supplies for Contra Costa Health for the period September 1, 2024 through August 31, 2027. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Purchase Order with Covidien Sales 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 blanket purchase order with Covidien Sales LLC in an amount not to exceed $1,200,000 and Letter of Commitment (LOC) for the purchase of instruments, sutures, and supplies for Contra Costa Health (CCH), for the period of September 1, 2024 through August 31, 2027. FISCAL IMPACT: Approval of this action will result in expenditures of up to $1,200,000 over a three-year period and will be funded 100% by Hospital Enterprise Fund I Revenues. BACKGROUND: Covidien Sales LLC is a subsidiary of Medtronic, a global leader in medical technology, and is the sales entity that was part of the larger Covidien company before it was acquired by Medtronic. It continues to play a role in selling and distributing medical products that were originally developed and manufactured by Covidien. Covidien Sales LLC operates as a sales and distribution arm within Medtronic, focusing on the continued distribution and support of Covidien’s product lines. The primary categories of products that Covidien provides include surgical instruments such as staplers, sutures, and other surgical tools used in open and minimally invasive surgeries. On October 22, 2019, the board of supervisors approved agenda item C.79 to execute a purchase order with Covidien Holding, Inc. in the amount of $2,250,000 for the period of February 1, 2020, through January 1, 2024 On October 20, 2020, the board of supervisors approved agenda item C.66 to execute a purchase order with CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3291,Version:1 Covidien Sales LLC in the amount of $2,750,000 for the period of September 1, 2020, through August 31, 2024. The Letter of Commitment is subject to the terms and conditions of Product Supplier Agreement No. MS7322 between Vizient Supply, LLC and Covidien Sales LLC. The Supplier Agreement and LOC limit the parties’ liability in that neither party will be liable for losses and damages that are not direct damages arising out of any breach of the Agreement or LOC. Covidien Sales LLC is a member of the Vizient Group Purchasing Organization (GPO), which means that CCH will receive rebates. This will further solidify our shared dedication to delivering high-quality, cost-effective healthcare solutions. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, CCH will not be able to perform surgeries and it can lead to serious consequences that affect patient care, hospital operations, and overall safety. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3292 Name: Status:Type:Consent Item Passed File created:In control:9/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Consumer Self-Help Center, in an amount not to exceed $283,000 to provide a Patients’ Rights Program for the period October 1, 2024 through June 30, 2025. (100% Mental Health Realignment) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #74-476-11 with Consumers Self-Help Center ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of County Contract #74-476-11 with Consumer Self-Help Center,a non-profit corporation,in an amount not to exceed $283,000, to provide a Patients’ Rights Program, for the period October 1, 2024 through June 30, 2025. FISCAL IMPACT: Approval of this Contract will result in annual budgeted expenditures of up to $283,000 as budgeted by the department in FY 2024-25 and will be funded 100% by Mental Health Realignment Funds revenue. BACKGROUND: The services required for Patients’Rights Advocacy demand a high level of specialized expertise,experience and knowledge.These unique skills are possessed by a single provider in the County.Contractor has been a longstanding partner in providing Patients’Rights Advocacy services,fostering a deep understanding of our organization’s mission,values,and long-term objectives.Engaging them again will enable knowledge transfer, avoiding knowledge gaps and ensuring continuity in service delivery. The Behavioral Health Services Department has been contracting with Consumers Self-Help Center,since October 2014 to provide a State-mandated Patients’Rights Advocacy Program.This Contract is entered into under and subject to the following legal authorities:California Government Code §§26227 and 31000.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.This Contract was approved by Health Services Personnel to ensure there is no conflict with labor relations.Following a Request for Proposal (RFP),this Contract was awarded to Consumer Self-Help Center by Public Works Department on May 1, 2024. CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3292,Version:1 On November 8,2023,the Board of Supervisors approved Contract #74-476-9 with Consumers Self-Help Center,in an amount not to exceed $377,191,for the provision of a Patients’Rights Program for the period July 1, 2023 through June 30, 2024. On June 25,2024,the Board of Supervisors approved Contract Amendment Agreement #74-476-10 with Consumers Self-Help Center,to extend the term through September 30,2024,to continue providing a Patients’ Rights Program with no change in the payment limit of $377,191. Approval of Contract #74-476-11 will allow the Contractor to continue providing a Patients’Rights Program through June 30, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,County will not have a Patients’Rights Advocacy Program and will be out of compliance with the performance contract with the State Department of Health Care Services,placing funding for the Department’s mental health programs at risk. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3293 Name: Status:Type:Consent Item Passed File created:In control:9/24/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Community Resources, Inc., in an amount not to exceed $300,000 to provide rapid rehousing to individuals and families who are homeless for the period October 1, 2024 through June 30, 2025. (100% Measure X) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #25-108-2 with Bay Area Community Resources, 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 #25-108-2 with Bay Area Community Resources, Inc., a non-profit corporation, in an amount not to exceed $300,000 to provide rapid rehousing services to individuals and families who are homeless for the period from October 1, 2024 through June 30, 2025. FISCAL IMPACT: Approval of this Contract will result in budgeted expenditures in an amount not to exceed $300,000 and is funded 100% by Measure X funds. BACKGROUND: This Contract meets the social needs of County’s population by providing rapid rehousing services to the homeless population in Contra Costa County. These services include case management which will assist participants with food assistance, substance use treatment, education and training, employment and benefits assistance, health care, mental health counseling, childcare, and credit repair. Rapid rehousing services will include providing financial assistance for security deposits, utility deposits/payments, moving costs, hotel/motel vouchers, paid shelter costs, housing application and credit/background check fees, partial, tiered or full rental subsidies, to individuals and families experiencing homelessness. This Contract is entered into under and subject to the following legal authorities: California Government Code § 26227 and 31000. This Contract was approved by Health Services Personnel to ensure there is no conflict with labor relations. The Health, Housing and Homeless Services Division Contract Monitoring staff meet on a regular basis to ensure monitoring of performance measures set forth in the Contract are upheld. The request CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3293,Version:1 for proposal (RFP) was posted on January 11, 2023 and closed on March 3, 2023. Bay Area Community Resources, Inc. was selected through the RFP process on April 28, 2023. On September 19, 2023, the Board of Supervisors approved Contract #25-108 with Bay Area Community Resources, Inc., in an amount not to exceed $718,665 for the provision of rapid rehousing and homeless prevention services to individuals and families experiencing homelessness or who are at risk of becoming homeless for the period July 1, 2023 through June 30, 2024. On March 5, 2024, the Board of Supervisors approved Extension Agreement #25-108-1 with Bay Area Community Resources, Inc., effective June 30, 2024, to extend the termination date from June 30, 2024 to September 30, 2024 to continue providing rapid rehousing and homeless prevention services to individuals and families experiencing homelessness or who are at risk of becoming homeless in Contra Costa County with no change in the payment limit. Approval of Contract #25-108-2 will allow the Contractor to continue to provide rapid rehousing to homeless individuals and families in Contra Costa County through June 30, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, individuals and families who are homeless will not have access to Contractor’s housing support services. 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 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3294 Name: Status:Type:Consent Item Passed File created:In control:9/25/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Inview Imaging Diagnostics, Inc., A Professional Medical Corporation, in an amount not to exceed $6,000,000 to provide diagnostic imaging services for Contra Costa Health Plan members and County recipients for the period November 1, 2024 through October 31, 2026. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #27-282-9 with Inview Imaging Diagnostics, Inc. 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 #27-282-9 with Inview Imaging Diagnostics,Inc.A Professional Medical Corporation,in an amount not to exceed $6,000,000,to provide diagnostic imaging services for Contra Costa Health Plan (CCHP) members and County recipients, for the period November 1, 2024 through October 31, 2026. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $6,000,000 over a two-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain diagnostic imaging 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 organization’s mission,values,and long-term objectives since November 1,2011.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. The nature of the diagnostic imaging services needed is complex and requires seamless coordination, CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3294,Version:1 The nature of the diagnostic imaging services needed is complex and requires seamless coordination, integration and collaboration with existing programs and systems.These contracted services were determined to be exempt from Administrative Bulletin 600.3 solicitation requirements by the Public Works Department’s Purchasing Division. On October 12,2021,the Board of Supervisors approved Contract #27-282-8 with Inview Imaging Diagnostics,Inc.A Professional Medical Corporation in an amount not to exceed $4,500,000,for the provision of diagnostic imaging services for CCHP members and County recipients,for the period November 1,2021 through October 31, 2024. Approval of Contract #27-282-9 will allow the Contractor to continue providing diagnostic imaging services for CCHP members and County recipients through October 31, 2026. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,certain diagnostic imaging 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 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3295 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Zipari, Inc., to increase the payment limit by $299,679 to an amount not to exceed $499,679, and extend the term through July 23, 2027 and for successive one year terms thereafter, for an online medical provider directory and services for Contra Costa Health Plan. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Amendment #23-636-2 with Zipari, 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 an Amendment,Statement of Work,and Order Form (under Contract #23-636-1)with Zipari,Inc.,a corporation, to increase the contract payment limit by $299,679,from $200,000 to a new payment limit of $499,679 and to extend the termination date to July 23,2027,and for successive (1)year renewal terms thereafter until termination for a subscription to an online provider directory for Contra Costa Health Plan (CCHP)members and the general public. FISCAL IMPACT: Approval of this Amendment will result in additional expenditures of up to $299,679 and will be funded as budgeted by the department in FY’s 2024-27,by 100%Contra Costa Health Plan Enterprise Fund II.(Rate increase). BACKGROUND: This Contract meets the needs of CCHP by providing software as a service subscription for an online provider directory for Contra Costa Health Plan (CCHP)members and the general public.California Health and Safety Code section 1367.27,subdivision (m),requires health care service plans annually submit provider directory policies and procedures to the California Department of Managed Health Care,a state agency that regulates health care coverage in California.Zipari provides software and support services to assist CCHP in meeting state mandate(s)by providing healthcare information to its providers and members,delivering a public version of the online search engine (provider directory) to be accessed by CCHP Members and County Staff. On July 24,2018,the Board of Supervisors approved Contract #23-636 with Healthx,Inc.,including mutual CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3295,Version:1 On July 24,2018,the Board of Supervisors approved Contract #23-636 with Healthx,Inc.,including mutual indemnification,for provider directory software and support services for the CCHP on-line directory,for the period July 24, 2018 through July 23, 2021. In December 2021,the Purchasing Manger approved Contract #23-636-1 with Healthx,Inc.,for provider directory software and support services for the CCHP on-line directory,for the period July 24,20118 through July 23, 2024. CCHP has been contracting with this vendor since (at least)July 2018 for its services concerning an online Provider Directory.Effective December 31,2021,Healthx,Inc.merged into Zipari,Inc.,making Zipari the successor in interest to Healthx, Inc. under the contract with the County. The Contract is needed to enable CCHP to provide mandatory services regarding its online Provider Directory. CCHP will monitor measurable service contract deliverables with outcomes required of the Contractor.The availability of the subscription services (such)as the provider directory,policies,and procedures,will be monitored by the department in compliance with Section III(B)(7)of the Purchasing Policy.This Contract was approved by Contra Costa Health Services Personnel Unit to ensure there was no conflict with labor relations. CONSEQUENCE OF NEGATIVE ACTION: If this Amendment is not approved,CCHP will not have access to the Contractor’s medical provider directory secure messaging platform used by CCHP Members and County Staff,jeopardizing non-compliance with state mandates. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3296 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions), in an amount not to exceed $5,562,496 to provide property management and onsite supportive services at El Portal Place for individuals who are at risk of or experiencing homelessness in Contra Costa County for the period July 1, 2024 through June 30, 2027. (90%; Federal 10% State) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Contract #25-127 with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) ☒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 #25-127 with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions), a non-profit corporation, in an amount not to exceed $5,562,496 to provide property management and onsite supportive services at El Portal Place, a County-owned facility located at 2555 El Portal Drive in San Pablo, having fifty- four new units of permanent supportive housing for qualifying individuals who are at risk of, or experiencing, homelessness in Contra Costa County, for the period July 1, 2024 through June 30, 2027. FISCAL IMPACT: Approval of this Contract will result in expenditures of up to $5,562,496 as budgeted by the department for fiscal years 2024-2027, which will be funded 90% by Federal funds and 10% by State funds. BACKGROUND: On December 14, 2021, the Board of Supervisors authorized the Health Services Director to apply for and accept Homekey Program funding from the California Department of Housing and Community Development (HCD) for the purpose of acquiring the property located at 2555 El Portal Drive in San Pablo to expand available housing for persons experiencing homelessness. On November 21, 2023, the County received a letter from HCD notifying the County that it had been awarded Homekey Program grant funds in the amount of $16 million to be used for the purchase of the property. The acquisition was completed on July 11, 2024. The facility has been named El Portal Place. The existing building on the property has been renovated to create fifty-four (54) small apartments to provide permanent supportive housing and support services to individuals experiencing, or at risk of experiencing, CONTRA COSTA COUNTY Printed on 10/29/2024Page 1 of 2 powered by Legistar™ File #:24-3296,Version:1 homelessness. Each of the units is equipped with a bathroom, shower and kitchenette. The renovated building also includes multiple community rooms and spaces, laundry facilities and a reception desk in the lobby. On March 28, 2024, following a request for qualifications (RFQ) that was published in January 2024, Contractor was selected to operate El Portal Place. Under this Contract, Contractor will provide permanent supportive housing services and property management services at El Portal Place. This includes qualifying the tenants, collecting rents, maintaining the building and grounds, and making support services available to those tenants who choose to use them. On-site support services will be tailored to an individual’s needs and may include case management, primary and behavioral healthcare, life skills support, medication, and money management. Through a separate staff report, the Public Works Director is recommending that the County lease the site of El Portal Place to this Contractor to enable Contractor to occupy the property and lease the housing units to residents. The lease and this Contract have the same term. Under Contract #25-127, Contractor will provide property management and onsite supportive services for chronically homeless individuals at El Portal Place for the period July 1, 2024 through June 30, 2027. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, grant funding leveraged to purchase and operate El Portal Place in the combined amount of $23 million from Project Homekey, Measure X Housing Funds, and Whole Person Care may be jeopardized. This will impact the County’s ability to deliver critically needed housing and support services and property management to chronically homeless individuals in Contra Costa County. CONTRA COSTA COUNTY Printed on 10/29/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3297 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with California Department of Public Health, as required to access the California Reportable Disease Information Exchange System and enable the Public Health Division to receive, use and disclose CalREDIE data for a period of three years. (Non-financial agreement) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Approval of Agreement #78-063 with California Department of Public Health ☒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 Agreement #78-063 with the California Reportable Disease Information Exchange (CalREDIE) System Data Use and Disclosure Agreement with the California Department of Public Health (CDPH) which governs a participant’s collection, use and disclosure of CalREDIE Data, for a period of three years after latest signature on the agreement. FISCAL IMPACT: This is a non-financial agreement. BACKGROUND: Local health authorities must enter into a Data Use and Disclosure Agreement before CDPH will permit participation in the CalREDIE System. The CalREDIE System collects public health data from throughout the State. The data includes demographic, epidemiologic (clinical information, risk factor information and laboratory test results information) and administrative information on reportable diseases collected for the purpose of case investigation, disease prevention and surveillance. As a participant in the CalREDIE System, the Public Health Division will have access and can receive, use and disclose CalREDIE data to continuously improve the efficiency of its public health surveillance activities and enhance the county’s capacity for early detection of public health events. Approval of Agreement #78-063 will allow the county to continue to report and receive data for a period of three years after the latest signature date on the agreement. This agreement includes agreeing to mutually indemnify and hold the other party harmless from any claims arising out of the performance of this agreement. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3297,Version:1 CONSEQUENCE OF NEGATIVE ACTION: If the agreement is not approved, the Public Health Division will be unable to participate in the CalREDIE System, to receive, use or disclose CalREDIE data, which will impact health surveillance activities. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3298 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $95,677 to Bay Area Community Services, Inc., for the provision of mental health outreach and support services for homeless and disabled adults with mental illness at the Don Brown Shelter in East County during the months of May and June 2024, as recommended by the Health Services Director. (100% Mental Health Realignment) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Payments for Services Provided by Bay Area Community Services, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount of $95,677 to Bay Area Community Services, Inc., a non-profit corporation, for the provision mental health outreach and support services for homeless and disabled adults with mental illness at the Don Brown Shelter in East County during the months of May and June 2024. FISCAL IMPACT: Approval of this payment not to exceed $95,677 is funded 100% by Mental Health Realignment funds. BACKGROUND: The County has been contracting with Bay Area Community Services, Inc., since June 2019 to provide mental health outreach and support services for homeless and disabled adults with mental illness at the Don Brown Shelter in East Contra Costa County. This Contract meets the social needs of county’s population by providing ongoing operational funding for a mental health homeless shelter in East Contra Costa County and is entered into under and subject to the following legal authorities: California Government Code §§ 26227 and 31000. 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. This contract was approved by Health Services Personnel to ensure there is no conflict with labor relations. On December 5, 2023, the Board of Supervisors approved County Contract #24-385-53 with Bay Area Community Services, Inc., in an amount not to exceed $1,149,424 for the provision mental health outreach and support services for homeless and disabled adults with mental illness at the Don Brown Shelter in East Contra Costa County for the period of July 1, 2023 through June 30, 2024. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3298,Version:1 Contractor operates a twenty-bed shelter at its facility located at 1401 West 4th Street, Antioch, CA 94509, and provides mental health outreach and support services including peer and group counseling, advocacy, assistance with mental health, medical, dental and eye appointments, obtaining identification, social security, and linkage to other services as necessary for homeless and disabled adults who have mental illness in East Contra Costa County. Due to a higher than unanticipated increase in operating expenses including the need for additional staffing, the Behavioral Health Services Division was unable to amend the Contract to increase the payment limit before it expired. The Contractor is entitled to payment for the reasonable value of their services under the equitable relief theory of quantum meruit. That theory provides that where a contractor has been asked to provide services without a valid contract, and the provider does so to the benefit of the county, the contractor is entitled to recover the reasonable value of those services. The Contractor has provided services at the request of the County after the original Contract payment limit had been reached. The Department cannot pay Contractor for services rendered that exceed the Contract limits. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $95,677. CONSEQUENCE OF NEGATIVE ACTION: Contractor will not be paid for mental health outreach and support services rendered in good faith. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3299 Name: Status:Type:Consent Item Passed File created:In control:9/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director and the Health Services Director, and as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Anna Roth, Health Services Director Report Title:Approve New and Recredentialing Providers and Organizational Providers in Contra Costa Health Plan’s Community Provider Network ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director and the Health Services Director on July 26, 2024, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The National Committee on Quality Assurance (NCQA) requires that evidence of Board of Supervisor approval must be contained within each Contra Costa Health Plan (CCHP) provider’s credentials file. Approval of this list of providers as recommended by the CCHP Medical Director will enable the Contra Costa Health Plan to comply with this requirement. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Contra Costa Health Plan’s Providers would not be appropriately credentialed and not be in compliance with the NCQA. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3318 Name: Status:Type:Consent Item Passed File created:In control:8/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Position Adjustment Resolution No. 26331 to add three (3) Probation Director positions (unrepresented) effective October 9, 2024, and cancel three (3) Probation Director positions (unrepresented) in the Probation Department effective April 1, 2025. (100% General Fund) Attachments:1. Add.Cancel Probation Directors P300.pdf, 2. Signed P300 26331.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Report Title:Add/Cancel Probation Director Positions Due to Retirements ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26331 to add three (3) Probation Director (7BFA) (unrepresented) positions at salary plan and grade B25 1972 ($11,826.78 - $15,094.30) effective October 9, 2024 and cancel three (3) Probation Director (7BFA) (unrepresented) positions (13281, 13282 & 18840) effective April 1, 2025 in the Probation Department. FISCAL IMPACT: The one-time fiscal impact of the requested position overlaps may result in total salary and benefit cost increase impacts of up to $554,000. Though the request covers a 6-month position overlap, it will take at least a couple of months for the positions to be filled. The action includes the cancelation of the three positions currently filled by the three Probation Directors with upcoming retirements in early 2025. Cost impacts will be offset by salary and benefit cost savings from the Department’s existing vacancies, which are funded by the Department’s budgeted General Fund allocation. BACKGROUND: The mission of the Probation Department is an unwavering commitment to justice, even in the face of adversity, an ethical application of the law, and a proven approach to rehabilitation. The talented team of Probation professionals work collaboratively to create opportunities for those served. Through compassionate supervision, the application of evidence-based practices, and robust community partnerships, clients experience positive outcomes that strengthen the individual, improve communities, and increase public safety. To maintain mandated functions, keep up with the increasing number of legislative changes, and comply with funding CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3318,Version:1 obligations, Probation must maintain necessary staffing levels and institutional knowledge. Currently the Department has five sworn Probation Directors, three of which will be retiring in early 2025. These positions are key executives within the Department and currently filled by incumbents with decades of institutional knowledge. One Probation Director position has oversight of Juvenile Hall operations and staffing, and the other two positions have oversight of field operations and staffing. All three positions direct statutorily required functions of the Department, and the collective impact of these impending retirements require strategic planning to ensure a smooth transition of duties and to sustain compliance with mandated functions. The need to fill these positions prior to the incumbents’ departure is therefore critical to mitigate the impact on department operations. Acknowledging that recruitment and onboarding of peace officers is a comprehensive and time-consuming process, it is imperative that the Probation Department begin this prior to the three retirements as these new hires will play a crucial role in operational continuity. CONSEQUENCE OF NEGATIVE ACTION: If unapproved, departmental operations would be negatively impacted. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3320 Name: Status:Type:Consent Item Passed File created:In control:9/17/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the County of Sonoma, for the placement of wards in their facility at the rate of $375 per ward per day for the period September 1, 2024 through June 30, 2025. (100% State) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Report Title:Inter-County Placement Agreement County of Sonoma ☒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 County of Sonoma, for placement of wards in their facility at the rate of $375 per ward per day for the period September 1, 2024, through June 30, 2025. FISCAL IMPACT: This is 100% funded by the Juvenile Justice Realignment Block Grant. BACKGROUND: With the closure of the Division of Juvenile Justice (DJJ), the responsibility for youth offenders transferred from state to local jurisdictions. DJJ was one of the few facilities in the State that offered Sex Offender Treatment to juveniles. To continue this same specialized treatment, local jurisdictions worked together to develop a regional model for Juvenile Sex Offender Treatment. Sonoma County has been designated as one of the regional locations to provide this program. CONSEQUENCE OF NEGATIVE ACTION: If unapproved, Probation will be unable to provide treatment to juvenile sex offenders. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3320,Version:1 CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3325 Name: Status:Type:Consent Item Passed File created:In control:9/25/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay a pending Resource Family home, C.P., monthly stipends in an amount not to exceed $1,258 per month for the living costs for minor T.L., including housing, food, medical and education costs, for a total payment amount not to exceed $7,338 for the period of September 6, 2024 through February 28, 2025. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Report Title:Emergency Payments to pending Resource Family Home ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay a pending Resource Family home, C.P., monthly stipends in an amount not to exceed $1,258 per month for the living costs for minor T.L., including housing, food, medical and education costs, for a total payment amount not to exceed $7,338.25, for the period of September 6, 2024 through February 28, 2025. FISCAL IMPACT: Monthly stipends to be made at the basic rate of $1,258 per full calendar month and $41.93 per day of partial months of 30 days. This action will be 100% funded with County General Funds. BACKGROUND: T. L. was placed by the Court as an emergency Resource Family placement in September 2023. The youth T. L. and his pending Resource Family home C.P. reside in Riverside County, however T.L. is under the supervision of Contra Costa County. In September 2023, C.P. applied to the County of Riverside to be a Resource Family home as required by the California Department of Social Services Resource Family Approval Written Directives. His application is still in process and has been for over a year. The State of California however only provides funding for a pending home for 365 days, unfortunately this timeframe has lapsed as of September 5, 2024. Per Welfare and Institutions Code Section 11461.36(a), the Department is seeking to continue placement funding while the Resource Family Approval application is in process. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3325,Version:1 CONSEQUENCE OF NEGATIVE ACTION: Without the monthly basic payment, pending Resource Family C.P. will not have funds to adequately care for minor T. L. Additionally, without this funding the youth will lose the stability of his current placement and will be at imminent risk of homelessness. Further, this youth would be at greater risk for recidivism without support. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3319 Name: Status:Type:Consent Item Passed File created:In control:9/20/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Public Defender, or designee, to execute a contract amendment with Rubicon Programs, Inc., to increase the payment limit by $34,000, to a new payment limit of $1,021,068 to provide transportation service to Holistic Intervention Partnership participants, with no change in the term ending February 28, 2026. (100% State) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Ellen McDonnell, Public Defender Report Title:Contract Amendment with Rubicon Programs, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Defender, or designee, to execute a contract amendment to contract 4993100 between Contra Costa County and Rubicon Programs, Inc., a non-profit corporation, to increase the payment limit by $34,000, to a new payment limit of $1,021,068, to provide transportation service to Holistic Intervention Partnership (HIP) participants, with no change in the term ending February 28, 2026. FISCAL IMPACT: The additional cost of $34,000 ($2,000 per month for 17 months) will be funded 100% by California State Board of Community Corrections. BACKGROUND: In August of 2022, the Contra Costa County Office of the Public Defender and the Contra Costa County Health, Housing, and Homeless Services Department secured a $6 million grant from the California Board of State and Community Corrections (BSCC) to expand the Holistic Intervention Partnership (HIP). HIP provides support to those involved in the criminal legal system in an effort to improve outcomes for indigent Contra Costa County residents who struggle with mental illness, substance dependence, and homelessness. The grant provides dedicated funds to preserve or provide housing for the estimated 35% of Public Defender clients who are unhoused or at risk of being unhoused and approximately half of the total amount funds housing staffing and resources as well as direct dollars for housing for people involved in the local criminal legal system. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3319,Version:1 The contract amendment increase of $34,000 will expand participant support to include transportation service to and from court and/or treatment appointments. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, it will increase the chances of failure to appear in court, rearrest, and recidivism. Providing reliable transportation service ensures client engagement in HIP and their accessibility to substance use and mental health treatment programs. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 350 Name: Status:Type:Consent Resolution Passed File created:In control:9/24/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Resolution No. 2024-350 approving and authorizing the Public Works Director, or designee, to fully close a portion of Ramona Way, between 1556 Ramona Way and 1588 Ramona Way, on October 14, 2024, from 8:00 a.m. through 5:00 p.m., for the purpose of replacing a utility pole, Alamo area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To: Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Approve and Authorize to fully close a portion of Ramona Way on October 14, 2024, from 8:00 a.m. through 5:00 p.m., for the purpose of a utility pole replacement, Alamo 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 Ramona Way, between 1556 Ramona Way and 1588 Ramona Way, on October 14, 2024, from 8:00 a.m. through 5:00 p.m., for the purpose of replacing a utility pole, Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: Due to the narrow road width of Ramona Way at the work site, Pacific Gas & Electric Company (PG&E) has requested the road closure to replace the existing utility pole. There is insufficient road width to setup and operate boom trucks and safely maintain through traffic. Applicant shall follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road to complete planned utility pole replacement. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:RES 2024-350,Version:1 c: Kellen O’Connor-Engineering Services, Marke Smith-Engineering Services, Devon Patel-Engineering Services, Bob Hendry-Engineering Services, Chris Lau-Maintenance, CHP, Sheriff-Patrol Div. Commander THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF: Approving and Authorizing the Public Works Director, or designee, to fully close a portion of Ramona Way, between 1556 Ramona Way and 1588 Ramona Way, on October 14, 2024, from 8:00 a.m. through 5:00 p.m., for the purpose of replacing a utility pole, Alamo area. (District II) RC24-56 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Pacific Gas & Electric Company to fully close a portion of Ramona Way, between 1556 Ramona Way and 1588 Ramona Way, except for emergency traffic, local residents, US Postal Service and garbage trucks, on October 14, 2024, from 8:00 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 CHP, Sheriff’s Office, and the Fire Protection District. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 351 Name: Status:Type:Consent Resolution Passed File created:In control:9/24/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Resolution No. 2024-351 approving and authorizing the Public Works Director, or designee, to fully close a portion of Second Avenue, between Wanda Street and Pomona Street on October 13, 2024, from 9:00 a.m. through 7:00 p.m., for the purpose of celebrating the 3rd Annual Oktoberfest Festival, Crockett area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To: Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Approve and Authorize to fully close a portion of Second Avenue on October 13, 2024, from 6:00 a.m. through 8:00 p.m., for the purpose of celebrating the 3rd Annual Oktoberfest Festival, Crockett 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 Second Avenue, between Wanda Street and Pomona Street on October 13, 2024, from 6:00 a.m. through 8:00 p.m., for the purpose of celebrating the 3rd Annual Oktoberfest Festival, Crockett area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Crockett Chamber of Commerce plans to close the road for the 3rd Annual Oktober Festival. There will be various activities for all patrons to enjoy. The Crockett Chamber of Commerce will follow the guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Crockett Chamber of Commerce will be unable to close the road for planned activities. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-351,Version:1 c: Kellen O’Connor-Engineering Services, Marke Smith-Engineering Services, Devon Patel-Engineering Services, Bob Hendry-Engineering Services, Chris Lau-Maintenance, CHP, Sheriff-Patrol Div. Commander THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF: Approving and Authorizing the Public Works Director, or designee, to fully close a portion of Second Avenue, between Wanda Street and Pomona Street, on October 13, 2024, from 6:00 a.m. through 8:00 p.m., for the purpose of celebrating the 3rd Annual Oktoberfest Festival, Crockett area. (District V) RC24-57 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Crockett Chamber of Commerce to fully close Second Avenue, between Wanda Street and Pomona Street, except for emergency traffic, local residents, U.S. Postal Service, and garbage trucks, on October 13, 2024, for the period of 6:00 a.m. through 8:00 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.Crockett Chamber of Commerce 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 CHP, Sheriff’s Office, and the Fire Protection District. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-351,Version:1 CONTRA COSTA COUNTY Printed on 12/5/2024Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3279 Name: Status:Type:Consent Item Passed File created:In control:8/15/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the County, a purchase order with Fire Facilities, Inc., in an amount not to exceed $369,640, for a patented Law Enforcement Training Structure for Contra Costa County Office of the Sheriff at 11990 Marsh Creek Road, Clayton CA. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Law Enforcement Training Structure Purchase ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute a purchase order on behalf of the County with Fire Facilities, Inc., in an amount not to exceed $369,640 for a patented Law Enforcement Training Structure plus shipping for the Contra Costa Office of the Sheriff (Sheriff’s Office) at 11990 Marsh Creek Road, Clayton CA; it is a Custom Painted Series 3000 Residence (S3-R) with galvanized stairs and railings. FISCAL IMPACT: An amount not to exceed $369,640 (100% Department funds from the Sheriff’s Office) BACKGROUND: This action is to authorize the purchase of a Law Enforcement Training Structure to be located at the Sheriff’s Range at 1190 Marsh Creek Road, Clayton, CA. The construction of this Law Enforcement Training Structure will provide Sheriff’s personnel and the County and regional public safety partners with a specialized training structure to help facilitate training and preparing first responders for a multitude of real-world critical incident scenarios. As the largest law enforcement agency in Contra Costa County, the Sheriff’s Office actively hosts and provides training for other local, state, and federal law enforcement and first responder agencies. The Sheriff’s Office operates the POST (Peace Officers Standards and Training) certified Law Enforcement Training Center as both an agency and a regional training resource. At present, Contra Costa agencies of all disciplines must travel to other counties to obtain the training that this structure will facilitate. A centrally located structure of this type will make it possible for agencies in and around the County to acquire relevant CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3279,Version:1 specialized skills on a collaborative, standardized, affordable, and continuing basis. Funds for the purchase of the Law Enforcement Training Structure are part of a total project budget of $848,000 allocated by the Sheriff’s Office to be paid out of its department funds. Fire Facilities, Inc.’s Series 3000 has multiple patents. It is custom painted, has galvanized stairs and railings, has an artificial smoke distribution system, 6 electrical outlets, a smoke generator, a foundation, and combination breaching doors. Foundation design and permitting are included. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve the purchase order for the Law Enforcement Training Structure, the County will not be able to provide the unique training opportunities afforded by having such a structure. Lost opportunities would include the ability to provide the County law enforcement personnel and first responders with training to acquire relevant specialized skills on a collaborative, standardized, affordable basis and to host other local, state, and federal law enforcement agencies and first responders in developing skills utilizing such a facility. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1 LEASE HEALTH SERVICES DEPARTMENT VITAL RECORDS 2120 Diamond Boulevard, Suite 110 Concord, CA This lease is dated October 8, 2024 and is between Nancy Weil, Trustee of the Nancy Weil Price Trust; Julius Aires, Trustee of the Julius Aires Trust Agreement dated November 15, 2005; Nina Weil, Trustee of the Nina Weil Trust Agreement dated October 19. 2005; Ecuttel, LLC, a California limited liability company; Charles Lawrence Marks and Gladys Monroy Marks, Trustees of the Marks Family Trust dated May 14, 1999; Alexander R. Lithgow and Karen V. Lithgow, Trustees of the Lithgow 1996 Revocable Trust dated July I 0, 1996, (collectively, the ''Lessor") and the County of Contra Costa, a political subdivision of the State of California (“County”). Recitals A. Lessor is the owner of the building located at 2120 Diamond Boulevard in Concord, California (the “Building”). B. Lessor desires to lease to County and County desires to lease from Lessor a portion of the Building consisting of approximately 2,586 square feet of floor space on the first floor known as Suite 110 (the “Premises”), as shown in the floor plan attached as Exhibit A, along with the non-exclusive use of the parking lot. The parties therefore agree as follows: Agreement 1. Lease of Premises. In consideration of the rents and subject to the terms of this lease, Lessor hereby leases to County and County hereby leases from Lessor, the Premises. 2. Term. The “Term” of this lease is comprised of an Initial Term and, at County’s election, Renewal Terms, each as defined below. a. Initial Term. The “Initial Term” is 10 years, commencing on the Commencement Date, as defined in Exhibit B. b. Renewal Terms. County has two options to renew this lease for a term of five years for each option (each, a “Renewal Term”) upon all the terms and conditions set forth in this lease. 2 i. County will provide Lessor with written notice of its election to renew the lease no less than six months prior to the end of the Term. However, if County fails to provide such notice, its right to renew the lease will not expire until fifteen working days after the County’s receipt of Lessor’s written demand that the County exercise or forfeit the option to renew. ii. Upon the commencement of a Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section. 3. Rent. County shall pay rent (“Rent”) to Lessor monthly in advance beginning on the Commencement Date. Rent is payable on the tenth day of each month during the Initial Term and, if applicable, the Renewal Terms, in the amounts set forth below: a. Initial Term. Months Monthly Rent 1-12 $5,560.00 13-24 $5,727.00 25-36 $5,899.00 37-48 $6,076.00 49-60 $6,258.00 61-72 $6,446.00 73-84 $6,639.00 85-96 $6,838.00 97-108 $7,043.00 109-120 $7,254.00 b. Renewal Term. Rent during the Renewal Term will be at the then-fair market rental value of the Premises. The fair market rental value of the Premises will be established by the mutual agreement of the parties. The parties shall use good faith efforts to establish the fair market value of the rent for the Renewal Term not less than twenty months prior to the commencement of the Renewal Period. If the parties fail to agree on the fair market rental value of the Premises by the date that is eighteen months prior to the commencement of the Renewal Period, the parties will engage a real estate appraiser with knowledge of the commercial real estate market in the area to determine the fair market value of the Premises. The parties shall each bear one- half the cost of the appraiser. c. Fractional Month. Rent for any fractional month will be prorated and computed on a daily basis with each day’s rent equal to one-thirtieth (1/30) of the monthly Rent. 3 4. Tenant Improvements. Lessor shall cause tenant improvements to the Premises to be completed as described in Exhibit B to this lease. 5. Use. County may use the Premises for the purpose of conducting various functions of County and any other purpose permitted b y law. 6. Full Service Lease. Subject to Section 6 – Maintenance and Repairs, this is a full service lease. Lessor shall pay all of the Building’s operating costs, including, but not limited to, all maintenance and repairs, real estate taxes, and building insurance. Lessor shall pay for all utilities, including but not limited to, gas and electric service, water, and sewer. In addition, Lessor shall provide and pay for all pest control, janitorial and refuse collection services. 7. Maintenance and Repairs. a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the Premises in good order, condition, and repair, and shall maintain the structural integrity of the Building, including the exterior doors and their fixtures, closers and hinges, exterior windows, glass and glazing, used in the Premises. b. Fire Extinguishers; Smoke Detectors; Strobe Alarms. Lessor shall provide fire extinguishers, smoke detectors, and strobe alarms in the Premises as required by current laws, regulations, and the Fire Marshall. Lessor shall maintain, repair, and replace the fire extinguishers, smoke detectors, and strobe alarms as needed. c. Interior of Premises. County shall keep and maintain the interior of the Premises in good order, condition and repair, but Lessor shall repair damage to the interior caused by its failure to maintain the exterior in good repair, including damage to the interior caused by roof leaks and/or interior and exterior wall leaks. County shall maintain all locks and key systems used in the Premises. The County may install and maintain an alarm system, if deemed necessary by County. d. Utilities. Lessor shall repair and maintain the electrical, lighting, water and plumbing systems in good order, condition and repair. e. HVAC. Lessor shall maintain and repair the heating, ventilating, and air-conditioning (HVAC) systems. Normal operating hours are Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m., excluding generally recognized holidays. If County requires the use of the HVAC systems outside the normal operating hours, County is responsible for the actual utility costs of the HVAC incurred. County is responsible for the installation, repair and/or replacement of the HVAC system in the Technology/Server Room. f. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot, exterior lighting system, and landscaping in good order, condition and repair. 4 g. Services by Lessor. If County determines that the Premises are in need of maintenance, construction, remodeling or similar work that is beyond Lessor’s responsibilities under this lease, at County’s request, Lessor shall perform the work at County’s expense. In performing the work, Lessor shall consult with County and use either licensed insured contractors or employees of Lessor. Lessor shall obtain County’s prior written approval of the scope, terms, and cost of any contracts. County may, by giving Lessor 30 days prior written notice, change the scope of work, terminate any or all work, or require that work be performed by a different contractor. 8. Quiet Enjoyment. Provided County is in compliance with the material terms of this lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of the Premises during the Term. Any proposed assignment of the lease is subject to the reasonable prior written approval of Lessor. 9. Assignment and Sublease. County has the right to assign this lease or sublease the Premises or any part of the Premises at any time during the Term. Upon the assignment of the lease by County, the County will have no further obligation under the lease. 10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor alterations to the Premises, (ii) attach fixtures and signs (“County Fixtures”) in or upon the Premises which do not affect the Building systems, and (iii) install electric vehicle charging stations (“Charging Stations”). Any County Fixtures, exterior signs or fixtures, and the location of the Charging Stations, are subject to Lessor’s prior approval, which approval may not be unreasonably withheld. Any County Fixtures will remain the property of County and may be removed from the Premises by County at any time during the Term. County is responsible for the cost of all alterations, County Fixtures and for the cost of Charging Stations that are not required to be installed as part of the Tenant Improvements. All alterations and County Fixtures must comply with then-current code requirements and are to be removed by County at the expiration of the Term and any damage repaired. 11. Prior Possession. Commencing 30 days prior to the Commencement Date, County has the right to install fixtures, telephones, alarm systems, and other items required to prepare the Premises for County’s occupancy and to store furniture, supplies and equipment, provided such work and storage and can be effected without unduly interfering with Lessor’s completion of any tenant improvements. 12. Insurance. a. Liability Insurance. Throughout the Term, County shall maintain in full force and effect, at its sole expense, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use. County shall provide Lessor with a letter of self-insurance affirming the existence of the self-insurance program. 5 b. Self-Insurance Exclusion. County’s self-insurance does not provide coverage for (i) areas to be maintained by Lessor under this lease, or (ii) negligence, willful misconduct, or other intentional act, error or omission of Lessor, its officers, agents, or employees. 13. Surrender of Premises. On the last day of the Term, or sooner termination of this lease, County shall peaceably and quietly leave and surrender to Lessor the Premises, along with appurtenances and fixtures at the Premises (except County Fixtures), all in good condition, ordinary wear and tear, damage by casualty, condemnation, acts of God and Lessor’s failure to make repairs required of Lessor excepted. County is not responsible for painting or for repairing or replacing any floor coverings in the Premises upon the expiration or earlier termination of this lease. 14. Waste, Nuisance. County may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of any other occupant of the Building. 15. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Premises are done in the manner best calculated to preserve the Premises, and (iii) County is in compliance with the terms and conditions of this lease. 16. Perilous Conditions. If the County’s Director of Public Works becomes aware of a perilous condition on the Premises that, in his or her opinion, substantially and significantly threatens the health and safety of County employees and/or invitees (a “Perilous Condition”), the Director of Public Works, or his or her designee, will immediately notify Lessor of such Perilous Condition and Lessor shall use best efforts to immediately eliminate the Perilous Condition. Lessor shall immediately address any condition reasonably constituting an emergency, whether Lessor learns of the condition through County or otherwise. If Lessor fails to address a Perilous Condition within 24 hours after County’s notice or to immediately address an emergency, County may attempt to resolve the Perilous Condition or emergency. Lessor shall reimburse County for its reasonable costs incurred by County in addressing the Perilous Condition or emergency promptly upon receipt of County’s invoice. 17. Destruction. If damage occurs that causes a partial destruction of the Premises during the Term from any cause and repairs can be made within 60 days from the date of the damage under the applicable laws and regulations of government authorities, Lessor shall repair the damage promptly. Such partial destruction will not void this lease, except that County will be entitled to a proportionate reduction in Rent while the repairs are being made. The proportionate reduction in Rent will be calculated by multiplying Rent by a 6 fraction, the numerator of which is the number of square feet that are unusable by County and the denominator of which is the total number of square feet in the Premises. If repairs cannot be made in 60 days, County will have the option to terminate the lease or request that Lessor make the repairs within a reasonable time, in which case, Lessor will make the repairs and Rent will be proportionately reduced as provided in the previous paragraph. This lease will terminate in the event of the total destruction of the Premises. 18. Hazardous Material. Lessor warrants to County that Lessor does not have any knowledge of the presence of Hazardous Material (as defined below) or contamination of the Building or Premises in violation of environmental laws. Lessor shall defend, save, protect and hold County harmless from any loss arising out of the presence of any Hazardous Material on the Premises that was not brought to the Premises by or at the request of County, its agents, contractors, invitees or employees. Lessor acknowledges and agrees that County has no obligation to clean up or remediate, or contribute to the cost of clean up or remediation, of any Hazardous Material unless such Hazardous Material is released, discharged or spilled on or about the Premises by County or any of its agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this lease. “Hazardous Material” means any substance, material or waste, including lead based paint, asbestos and petroleum (including crude oil or any fraction thereof), that is or becomes designated as a hazardous substance, hazardous waste, hazardous material, toxic substance, or toxic material under any federal, state or local law, regulation, or ordinance. 19. Indemnification. a. County. County shall defend, indemnify and hold Lessor harmless from County’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors, or omissions of County, its officers, agents, employees, or invitees in using the Premises pursuant to this lease, or the County’s performance under this lease, except to the extent caused or contributed to by (i) the structural, mechanical, or other failure of buildings owned or maintained by Lessor, and/or (ii) the negligent acts, errors, or omissions of Lessor, its officers, agents, or employees. b. Lessor. Lessor shall defend, indemnify and hold County harmless from Lessor’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors or omissions of Lessor, its officers, agents, employees, or invitees with respect to the Premises, or Lessor’s performance under this lease, or the Lessor’s performance, delivery or supervision of services at the Premises, or by the structural, mechanical or other failure of buildings owned or 7 maintained by Lessor, except to the extent caused or contributed to by the negligent acts, errors, or omissions of County, its officers, agents, or employees. 20. Default. The occurrence of any of the following events is a default under this lease: a. County. i. County’s failure to pay Rent within ten business days after receipt of a written notice of failure (a “Notice”) from Lessor to County; provided, however, that County will have additional time if its failure to pay Rent is due to circumstances beyond its reasonable control, including, without limitation, failure of the County’s Board of Supervisors to adopt a budget. In no event may such additional time exceed 75 days from receipt of a Notice. ii. County’s failure to comply with any other material term or provision of this lease if the failure is not remedied within 30 days after receipt of a Notice from Lessor to County specifying the nature of the breach in reasonably sufficient detail; provided, however, if the default cannot reasonably be remedied within the 30 day period, then a default will not be deemed to occur until the occurrence of County’s failure to comply within the period of time that may be reasonably required to remedy the default, up to an aggregate of 90 days, provided County commences curing the default within 30 days and thereafter diligently proceeds to cure the default. b. Lessor. i. Lessor’s failure to complete the Tenant Improvements in accordance with the Improvement Agreement. ii. Lessor’s failure to perform any other obligation under this lease if the failure is not remedied within 30 days after receipt of a Notice from County to Lessor specifying the nature of the breach in reasonably sufficient detail; provided, however, if the breach cannot reasonably be remedied within the 30 day period, then a default will not be deemed to occur until the occurrence of Lessor’s failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of 90 days, provided Lessor commences curing the breach within 30 days and thereafter diligently proceeds to cure the breach. 21. Remedies. a. Lessor. Upon the occurrence of a default by County, Lessor may, after giving County written notice of the default, and in accordance with due process of law, reenter and repossess the Premises and remove all persons and property from the Premises. 8 b. County. If Lessor fails to complete the Tenant Improvements in accordance with the Improvement Agreement, County may terminate this lease by giving written notice to Lessor with no cost or obligation to County. Such termination is effective on the effective date of the written notice. Upon the occurrence of any other default by Lessor, County may (i) terminate this lease by giving written notice to Lessor and quit the Premises without further cost or obligation to County or (ii) proceed to repair or correct the failure and, at County’s option, either deduct the cost thereof from Rent due to Lessor, or invoice Lessor for the cost of repair, which invoice Lessor shall pay in full promptly upon receipt. 22. Notices. Any notice required or permitted under this lease must be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows: To Lessor: PCOM 2600 Central Ave., Suite H Union City, CA 94587 To County: Contra Costa County Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94553 Either party may at any time designate in writing a substitute address for the address set forth above and thereafter notices are to be directed to such substituted address. If sent in accordance with this Section, all notices will be deemed effective (i) the next business day, if sent by overnight courier, or (ii) three days after being deposited in the United States Postal system. 23. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the parties hereto. 24. Holding Over. Any holding over after the Term of this lease is a tenancy from month to month and is subject to the terms of this lease, except rent shall be 150% of the prior month’s rent. 25. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the essence. 26. Governing Law. The laws of the State of California govern all matters arising out of this lease. 9 27. Severability. In the event that any provision of this lease is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this lease will not in any way be affected or impaired. 28. Real Estate Commission. In negotiating this lease, Lessor is represented by Colliers Parrish International, Inc., and the County represents itself. Lessor shall pay a real estate commission to Colliers Parrish International, Inc. pursuant to a separate written agreement. Lessor recognizes and acknowledges that the County is entitled to a real estate commission when it represents itself. The County warrants to Lessor that the County’s contact with Lessor in connection with this lease has been directly with Colliers Parrish International, Inc. Lessor shall pay to the County a real estate commission equal to $18,840.00 as follows: one-half upon the execution of this lease and one-half on the Commencement Date. Lessor warrants that no other broker or finder, other than Colliers Parrish International, Inc. and the County, can properly claim a right to a leasing commission or a finder’s fee based upon contacts with the County with respect to the Building. Lessor and the County shall indemnify, defend, protect, and hold each other harmless from and against any loss, cost, or expense, including, but not limited to, attorneys’ fees and costs, or the payment of a real estate commission to any party, other than Colliers Parrish International, Inc. and the County, resulting from any claim for a fee or commission by any broker or finder, in connection with the Building and this lease. 10 29. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease or the Improvement Agreement. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. This lease may be modified only by a writing signed by both parties. The parties are executing this lease on the date set forth in the introductory paragraph. COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: _______________________ Warren Lai Director of Public Works RECOMMENDED FOR APPROVAL: By: _______________________ Jessica L. Dillingham Principal Real Property Agent By: _______________________ Stacey Sinclair Senior Real Property Agent APPROVED AS TO FORM THOMAS L. GEIGER, COUNTY COUNSEL By: _______________________ Kathleen M. Andrus Deputy County Counsel LESSOR By: ___________________ Nancy Weil Trustee of the Nancy Weil Price Trust By: ________________ Julius Aires Trustee of the Julius Aires Trust Agreement Dated November 15, 2005 By: ________________ Nina Weil Trustee of the Nina Weil Trust Agreement Dated October 19, 2005 By: ________________ Ecuttel, LLC Thomas M. Kasten Managing Member 11 By: ________________ Charles Lawrence Marks Trustee of the Marks Family Trust Dated May 14, 1999 By: ________________ Gladys Monroy Marks Trustee of the Marks Family Trust Dated May 14, 1999 By: ________________ Alexander R. Lithgow Trustee of the Lithgow 1996 Revocable Trust dated July 10, 1996 By: ________________ Karen V. Lithgow Trustee of the Lithgow 1996 Revocable Trust dated July 10, 1996 \\PW-DATA\grpdata\realprop\LEASE MANAGEMENT\CONCORD\2120 DIAMOND BLVD SUITE 110 - T00\LEASES\working file\2120 Diamond Blvd_Ste 110_Lease_final.doc 12 EXHIIBIT A FLOORPLAN 13 EXHIBIT B TENANT IMPROVEMENTS I. Tenant Improvements. Lessor, at Lessor’s expense, shall cause the following improvements to be made to the Premises (together, the “Tenant Improvements”) (Room numbers referenced below correspond to room numbers on Exhibit A – Floorplan.): i. Install glass barrier and two pass through windows between Rooms 1 and 2 as shown. ii. Create a new private exit to the hallway from Room 2 as shown. iii. Remove wall and door where indicated by dashed red line in Room 3. iv. Remove wall and door where indicated by dashed red line in Room 4. v. Remove wall and door where indicated by dashed red line and create new wall to replace the door in Room 6. vi. Create new entry to Room 8. vii. Create new IT closet where shown in Room 6 with fire rated plywood on the walls and anti-static flooring. viii. Install Vinyl Composition Tile and rubber wall baseboard in Room 8 using a mutually agreed upon color and product. ix. Replace carpet and rubber wall baseboard throughout Premises (except Room 8) using a mutually agreed upon product and color. x. Patch and repair walls as necessary and apply fresh paint throughout in mutually agreed upon colors. xi. Install two power outlets on each wall in Room 4 and one power outlet on each wall throughout the rest of the Premises. Install 240V outlets where Copy machines are shown. Room 1 outlets need to be child proof outlets. Install a TV outlet in the middle of the wall in Room 6 where shown. xii. Install building standard signage, using mutually agreed upon wording to describe the Premises, in the ground floor lobby directory, the directory on the second floor and at the entrance to the Premises. II. Completion Notice; Inspection; Substantial Completion Date. When Lessor deems the Tenant Improvements to be Substantially Complete, as defined below, Lessor shall tender delivery to County by delivering a notice to that effect to the 14 County (a “Completion Notice”, attached as Exhibit C). For purposes of this lease, “Substantially Complete” means (1) there is no incomplete or defective work that unreasonably interferes with County’s use of the Premises, (2) the scope of work has been properly executed in accordance with the attached space plan, and (3) all utilities are hooked up and available for use by County in the Premises. Upon receipt of the Completion Notice, a representative of the County, and a representative of the Lessor will immediately inspect the Premises for the purpose of establishing that the Tenant Improvements are Substantially Complete. Once the County is satisfied that the Tenant Improvements appear to be Substantially Complete, the County will so indicate by countersigning the Completion Notice. The Premises will be deemed delivered to County on the day that the County countersigns the Completion Notice (the “Commencement Date”). III. Punchlist. The County has 60 days from the Commencement Date to provide Lessor with a written list of any items that are defective or incomplete (a “Punchlist”). The County’s failure to specify an item on the Punchlist, however, does not waive Lessor’s obligation to construct the Tenant Improvements in accordance with this lease. Lessor shall remedy all items on the Punchlist as soon as practicable and in any event within 30 days of Lessor receiving the Punchlist. If Lessor fails to remedy all items on the Punchlist within the 30-day period (exempt as to items, if any, that require more than 30 days to complete), then County may, upon 20 days prior notice to Lessor, complete any Punchlist items and deduct the cost of such work from the Rent next coming due under the lease. 15 EXHIBIT C FORM OF COMPLETION NOTICE To: From: Date: Re: Completion Notice and Commencement Date of Lease This notice is provided in compliance the Lease dated __________ between ___________________ and Contra Costa County (the “Lease”). All terms not otherwise defined herein have the meaning ascribed to them in the Lease. Tender by Lessor Lessor hereby represents that it has completed construction of the Tenant Improvements in substantial conformity with Exhibit A and B and that the Commencement Date of the Lease is __________________. Landlord hereby tenders the Premises for delivery to Tenant. By: _____________________ Its: _____________________ Certification by Contra Costa County The undersigned, a duly authorized representative of Contra Costa County, hereby represents that the County has caused the Tenant Improvements to be inspected and has determined them to be in substantial conformity with the Final Plans. Contra Costa County By: _____________________ Date: _________________ Its: _____________________ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3280 Name: Status:Type:Consent Item Passed File created:In control:9/16/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease with Nancy Weil, Trustee of the Nancy Weil Price Trust; Julius Aires, Trustee of the Julius Aires Trust Agreement dated November 15, 2005; Nina Weil, Trustee of the Nina Weil Trust Agreement dated October 19. 2005; Ecuttel, LLC, a California Limited Liability Company; Charles Lawrence Marks and Gladys Monroy Marks, Trustees of the Marks Family Trust dated May 14, 1999; Alexander R. Lithgow and Karen V. Lithgow, Trustees of the Lithgow 1996 Revocable Trust dated July 10, 1996, for approximately 2,586 square feet of office space located at 2120 Diamond Blvd., Suite 110, Concord for Health Services – Vital Records, for a term of ten years with two options to renew for an additional five years for each option, at an initial annual rent of $68,724, with annual increases thereafter. (100% Health Services - Vital Records Activities) Attachments:1. 2120 Diamond Blvd, Suite 110 - Lease - Final Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Lease at 2120 Diamond Blvd, Suite 110, Concord for Health Services - Vital Records ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE a lease with Nancy Weil,Trustee of the Nancy Weil Price Trust;Julius Aires,Trustee of the Julius Aires Trust Agreement dated November 15,2005;Nina Weil,Trustee of the Nina Weil Trust Agreement dated October 19.2005;Ecuttel,LLC,a California Limited Liability Company;Charles Lawrence Marks and Gladys Monroy Marks,Trustees of the Marks Family Trust dated May 14,1999;Alexander R.Lithgow and Karen V. Lithgow,Trustees of the Lithgow 1996 Revocable Trust dated July 10,1996,(collectively,the Lessor)for a term of ten years,for approximately 2,586 square feet of office space located at 2120 Diamond Blvd.,Suite 110,Concord for Health Services -Vital Records,at an initial annual rent of $68,724.00 with annual increases thereafter. AUTHORIZE the Public Works Director,or designee,to execute the lease and to exercise up to two options to extend the term of the lease for an additional five years for each option FISCAL IMPACT: 100% Health Services - Vital Records Activities - Org #5762 BACKGROUND: Health Services -Vital Records is currently operating in an approximately 1,152 square foot suite located at 10 CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3280,Version:1 Health Services -Vital Records is currently operating in an approximately 1,152 square foot suite located at 10 Douglas Drive in Martinez.This location is too small for the number of staff that work at this location and for the number of clients that use the services provided by Vital Records.Vital Records is responsible for providing certified copies of birth and death certificates,issuing permits to morticians for the disposition of human remains,assisting in amending and correcting vital records,registering out of hospital births,assisting with Declaration of Parentage forms, and facilitating the medical cannabis ID card program. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the lease may result in having to find different space for Health Services -Vital Records, which may result in higher costs for the County. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1 LEASE HEALTH SERVICES DEPARTMENT VITAL RECORDS 2120 Diamond Boulevard, Suite 110 Concord, CA This lease is dated October 8, 2024 and is between Nancy Weil, Trustee of the Nancy Weil Price Trust; Julius Aires, Trustee of the Julius Aires Trust Agreement dated November 15, 2005; Nina Weil, Trustee of the Nina Weil Trust Agreement dated October 19. 2005; Ecuttel, LLC, a California limited liability company; Charles Lawrence Marks and Gladys Monroy Marks, Trustees of the Marks Family Trust dated May 14, 1999; Alexander R. Lithgow and Karen V. Lithgow, Trustees of the Lithgow 1996 Revocable Trust dated July I 0, 1996, (collectively, the ''Lessor") and the County of Contra Costa, a political subdivision of the State of California (“County”). Recitals A. Lessor is the owner of the building located at 2120 Diamond Boulevard in Concord, California (the “Building”). B. Lessor desires to lease to County and County desires to lease from Lessor a portion of the Building consisting of approximately 2,586 square feet of floor space on the first floor known as Suite 110 (the “Premises”), as shown in the floor plan attached as Exhibit A, along with the non-exclusive use of the parking lot. The parties therefore agree as follows: Agreement 1. Lease of Premises. In consideration of the rents and subject to the terms of this lease, Lessor hereby leases to County and County hereby leases from Lessor, the Premises. 2. Term. The “Term” of this lease is comprised of an Initial Term and, at County’s election, Renewal Terms, each as defined below. a. Initial Term. The “Initial Term” is 10 years, commencing on the Commencement Date, as defined in Exhibit B. b. Renewal Terms. County has two options to renew this lease for a term of five years for each option (each, a “Renewal Term”) upon all the terms and conditions set forth in this lease. 2 i. County will provide Lessor with written notice of its election to renew the lease no less than six months prior to the end of the Term. However, if County fails to provide such notice, its right to renew the lease will not expire until fifteen working days after the County’s receipt of Lessor’s written demand that the County exercise or forfeit the option to renew. ii. Upon the commencement of a Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section. 3. Rent. County shall pay rent (“Rent”) to Lessor monthly in advance beginning on the Commencement Date. Rent is payable on the tenth day of each month during the Initial Term and, if applicable, the Renewal Terms, in the amounts set forth below: a. Initial Term. Months Monthly Rent 1-12 $5,560.00 13-24 $5,727.00 25-36 $5,899.00 37-48 $6,076.00 49-60 $6,258.00 61-72 $6,446.00 73-84 $6,639.00 85-96 $6,838.00 97-108 $7,043.00 109-120 $7,254.00 b. Renewal Term. Rent during the Renewal Term will be at the then-fair market rental value of the Premises. The fair market rental value of the Premises will be established by the mutual agreement of the parties. The parties shall use good faith efforts to establish the fair market value of the rent for the Renewal Term not less than twenty months prior to the commencement of the Renewal Period. If the parties fail to agree on the fair market rental value of the Premises by the date that is eighteen months prior to the commencement of the Renewal Period, the parties will engage a real estate appraiser with knowledge of the commercial real estate market in the area to determine the fair market value of the Premises. The parties shall each bear one- half the cost of the appraiser. c. Fractional Month. Rent for any fractional month will be prorated and computed on a daily basis with each day’s rent equal to one-thirtieth (1/30) of the monthly Rent. 3 4. Tenant Improvements. Lessor shall cause tenant improvements to the Premises to be completed as described in Exhibit B to this lease. 5. Use. County may use the Premises for the purpose of conducting various functions of County and any other purpose permitted b y law. 6. Full Service Lease. Subject to Section 6 – Maintenance and Repairs, this is a full service lease. Lessor shall pay all of the Building’s operating costs, including, but not limited to, all maintenance and repairs, real estate taxes, and building insurance. Lessor shall pay for all utilities, including but not limited to, gas and electric service, water, and sewer. In addition, Lessor shall provide and pay for all pest control, janitorial and refuse collection services. 7. Maintenance and Repairs. a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the Premises in good order, condition, and repair, and shall maintain the structural integrity of the Building, including the exterior doors and their fixtures, closers and hinges, exterior windows, glass and glazing, used in the Premises. b. Fire Extinguishers; Smoke Detectors; Strobe Alarms. Lessor shall provide fire extinguishers, smoke detectors, and strobe alarms in the Premises as required by current laws, regulations, and the Fire Marshall. Lessor shall maintain, repair, and replace the fire extinguishers, smoke detectors, and strobe alarms as needed. c. Interior of Premises. County shall keep and maintain the interior of the Premises in good order, condition and repair, but Lessor shall repair damage to the interior caused by its failure to maintain the exterior in good repair, including damage to the interior caused by roof leaks and/or interior and exterior wall leaks. County shall maintain all locks and key systems used in the Premises. The County may install and maintain an alarm system, if deemed necessary by County. d. Utilities. Lessor shall repair and maintain the electrical, lighting, water and plumbing systems in good order, condition and repair. e. HVAC. Lessor shall maintain and repair the heating, ventilating, and air-conditioning (HVAC) systems. Normal operating hours are Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m., excluding generally recognized holidays. If County requires the use of the HVAC systems outside the normal operating hours, County is responsible for the actual utility costs of the HVAC incurred. County is responsible for the installation, repair and/or replacement of the HVAC system in the Technology/Server Room. f. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot, exterior lighting system, and landscaping in good order, condition and repair. 4 g. Services by Lessor. If County determines that the Premises are in need of maintenance, construction, remodeling or similar work that is beyond Lessor’s responsibilities under this lease, at County’s request, Lessor shall perform the work at County’s expense. In performing the work, Lessor shall consult with County and use either licensed insured contractors or employees of Lessor. Lessor shall obtain County’s prior written approval of the scope, terms, and cost of any contracts. County may, by giving Lessor 30 days prior written notice, change the scope of work, terminate any or all work, or require that work be performed by a different contractor. 8. Quiet Enjoyment. Provided County is in compliance with the material terms of this lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of the Premises during the Term. Any proposed assignment of the lease is subject to the reasonable prior written approval of Lessor. 9. Assignment and Sublease. County has the right to assign this lease or sublease the Premises or any part of the Premises at any time during the Term. Upon the assignment of the lease by County, the County will have no further obligation under the lease. 10. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor alterations to the Premises, (ii) attach fixtures and signs (“County Fixtures”) in or upon the Premises which do not affect the Building systems, and (iii) install electric vehicle charging stations (“Charging Stations”). Any County Fixtures, exterior signs or fixtures, and the location of the Charging Stations, are subject to Lessor’s prior approval, which approval may not be unreasonably withheld. Any County Fixtures will remain the property of County and may be removed from the Premises by County at any time during the Term. County is responsible for the cost of all alterations, County Fixtures and for the cost of Charging Stations that are not required to be installed as part of the Tenant Improvements. All alterations and County Fixtures must comply with then-current code requirements and are to be removed by County at the expiration of the Term and any damage repaired. 11. Prior Possession. Commencing 30 days prior to the Commencement Date, County has the right to install fixtures, telephones, alarm systems, and other items required to prepare the Premises for County’s occupancy and to store furniture, supplies and equipment, provided such work and storage and can be effected without unduly interfering with Lessor’s completion of any tenant improvements. 12. Insurance. a. Liability Insurance. Throughout the Term, County shall maintain in full force and effect, at its sole expense, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use. County shall provide Lessor with a letter of self-insurance affirming the existence of the self-insurance program. 5 b. Self-Insurance Exclusion. County’s self-insurance does not provide coverage for (i) areas to be maintained by Lessor under this lease, or (ii) negligence, willful misconduct, or other intentional act, error or omission of Lessor, its officers, agents, or employees. 13. Surrender of Premises. On the last day of the Term, or sooner termination of this lease, County shall peaceably and quietly leave and surrender to Lessor the Premises, along with appurtenances and fixtures at the Premises (except County Fixtures), all in good condition, ordinary wear and tear, damage by casualty, condemnation, acts of God and Lessor’s failure to make repairs required of Lessor excepted. County is not responsible for painting or for repairing or replacing any floor coverings in the Premises upon the expiration or earlier termination of this lease. 14. Waste, Nuisance. County may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of any other occupant of the Building. 15. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Premises are done in the manner best calculated to preserve the Premises, and (iii) County is in compliance with the terms and conditions of this lease. 16. Perilous Conditions. If the County’s Director of Public Works becomes aware of a perilous condition on the Premises that, in his or her opinion, substantially and significantly threatens the health and safety of County employees and/or invitees (a “Perilous Condition”), the Director of Public Works, or his or her designee, will immediately notify Lessor of such Perilous Condition and Lessor shall use best efforts to immediately eliminate the Perilous Condition. Lessor shall immediately address any condition reasonably constituting an emergency, whether Lessor learns of the condition through County or otherwise. If Lessor fails to address a Perilous Condition within 24 hours after County’s notice or to immediately address an emergency, County may attempt to resolve the Perilous Condition or emergency. Lessor shall reimburse County for its reasonable costs incurred by County in addressing the Perilous Condition or emergency promptly upon receipt of County’s invoice. 17. Destruction. If damage occurs that causes a partial destruction of the Premises during the Term from any cause and repairs can be made within 60 days from the date of the damage under the applicable laws and regulations of government authorities, Lessor shall repair the damage promptly. Such partial destruction will not void this lease, except that County will be entitled to a proportionate reduction in Rent while the repairs are being made. The proportionate reduction in Rent will be calculated by multiplying Rent by a 6 fraction, the numerator of which is the number of square feet that are unusable by County and the denominator of which is the total number of square feet in the Premises. If repairs cannot be made in 60 days, County will have the option to terminate the lease or request that Lessor make the repairs within a reasonable time, in which case, Lessor will make the repairs and Rent will be proportionately reduced as provided in the previous paragraph. This lease will terminate in the event of the total destruction of the Premises. 18. Hazardous Material. Lessor warrants to County that Lessor does not have any knowledge of the presence of Hazardous Material (as defined below) or contamination of the Building or Premises in violation of environmental laws. Lessor shall defend, save, protect and hold County harmless from any loss arising out of the presence of any Hazardous Material on the Premises that was not brought to the Premises by or at the request of County, its agents, contractors, invitees or employees. Lessor acknowledges and agrees that County has no obligation to clean up or remediate, or contribute to the cost of clean up or remediation, of any Hazardous Material unless such Hazardous Material is released, discharged or spilled on or about the Premises by County or any of its agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this lease. “Hazardous Material” means any substance, material or waste, including lead based paint, asbestos and petroleum (including crude oil or any fraction thereof), that is or becomes designated as a hazardous substance, hazardous waste, hazardous material, toxic substance, or toxic material under any federal, state or local law, regulation, or ordinance. 19. Indemnification. a. County. County shall defend, indemnify and hold Lessor harmless from County’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors, or omissions of County, its officers, agents, employees, or invitees in using the Premises pursuant to this lease, or the County’s performance under this lease, except to the extent caused or contributed to by (i) the structural, mechanical, or other failure of buildings owned or maintained by Lessor, and/or (ii) the negligent acts, errors, or omissions of Lessor, its officers, agents, or employees. b. Lessor. Lessor shall defend, indemnify and hold County harmless from Lessor’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors or omissions of Lessor, its officers, agents, employees, or invitees with respect to the Premises, or Lessor’s performance under this lease, or the Lessor’s performance, delivery or supervision of services at the Premises, or by the structural, mechanical or other failure of buildings owned or 7 maintained by Lessor, except to the extent caused or contributed to by the negligent acts, errors, or omissions of County, its officers, agents, or employees. 20. Default. The occurrence of any of the following events is a default under this lease: a. County. i. County’s failure to pay Rent within ten business days after receipt of a written notice of failure (a “Notice”) from Lessor to County; provided, however, that County will have additional time if its failure to pay Rent is due to circumstances beyond its reasonable control, including, without limitation, failure of the County’s Board of Supervisors to adopt a budget. In no event may such additional time exceed 75 days from receipt of a Notice. ii. County’s failure to comply with any other material term or provision of this lease if the failure is not remedied within 30 days after receipt of a Notice from Lessor to County specifying the nature of the breach in reasonably sufficient detail; provided, however, if the default cannot reasonably be remedied within the 30 day period, then a default will not be deemed to occur until the occurrence of County’s failure to comply within the period of time that may be reasonably required to remedy the default, up to an aggregate of 90 days, provided County commences curing the default within 30 days and thereafter diligently proceeds to cure the default. b. Lessor. i. Lessor’s failure to complete the Tenant Improvements in accordance with the Improvement Agreement. ii. Lessor’s failure to perform any other obligation under this lease if the failure is not remedied within 30 days after receipt of a Notice from County to Lessor specifying the nature of the breach in reasonably sufficient detail; provided, however, if the breach cannot reasonably be remedied within the 30 day period, then a default will not be deemed to occur until the occurrence of Lessor’s failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of 90 days, provided Lessor commences curing the breach within 30 days and thereafter diligently proceeds to cure the breach. 21. Remedies. a. Lessor. Upon the occurrence of a default by County, Lessor may, after giving County written notice of the default, and in accordance with due process of law, reenter and repossess the Premises and remove all persons and property from the Premises. 8 b. County. If Lessor fails to complete the Tenant Improvements in accordance with the Improvement Agreement, County may terminate this lease by giving written notice to Lessor with no cost or obligation to County. Such termination is effective on the effective date of the written notice. Upon the occurrence of any other default by Lessor, County may (i) terminate this lease by giving written notice to Lessor and quit the Premises without further cost or obligation to County or (ii) proceed to repair or correct the failure and, at County’s option, either deduct the cost thereof from Rent due to Lessor, or invoice Lessor for the cost of repair, which invoice Lessor shall pay in full promptly upon receipt. 22. Notices. Any notice required or permitted under this lease must be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows: To Lessor: PCOM 2600 Central Ave., Suite H Union City, CA 94587 To County: Contra Costa County Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94553 Either party may at any time designate in writing a substitute address for the address set forth above and thereafter notices are to be directed to such substituted address. If sent in accordance with this Section, all notices will be deemed effective (i) the next business day, if sent by overnight courier, or (ii) three days after being deposited in the United States Postal system. 23. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the parties hereto. 24. Holding Over. Any holding over after the Term of this lease is a tenancy from month to month and is subject to the terms of this lease, except rent shall be 150% of the prior month’s rent. 25. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the essence. 26. Governing Law. The laws of the State of California govern all matters arising out of this lease. 9 27. Severability. In the event that any provision of this lease is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this lease will not in any way be affected or impaired. 28. Real Estate Commission. In negotiating this lease, Lessor is represented by Colliers Parrish International, Inc., and the County represents itself. Lessor shall pay a real estate commission to Colliers Parrish International, Inc. pursuant to a separate written agreement. Lessor recognizes and acknowledges that the County is entitled to a real estate commission when it represents itself. The County warrants to Lessor that the County’s contact with Lessor in connection with this lease has been directly with Colliers Parrish International, Inc. Lessor shall pay to the County a real estate commission equal to $18,840.00 as follows: one-half upon the execution of this lease and one-half on the Commencement Date. Lessor warrants that no other broker or finder, other than Colliers Parrish International, Inc. and the County, can properly claim a right to a leasing commission or a finder’s fee based upon contacts with the County with respect to the Building. Lessor and the County shall indemnify, defend, protect, and hold each other harmless from and against any loss, cost, or expense, including, but not limited to, attorneys’ fees and costs, or the payment of a real estate commission to any party, other than Colliers Parrish International, Inc. and the County, resulting from any claim for a fee or commission by any broker or finder, in connection with the Building and this lease. 10 29. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease or the Improvement Agreement. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. This lease may be modified only by a writing signed by both parties. The parties are executing this lease on the date set forth in the introductory paragraph. COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: _______________________ Warren Lai Director of Public Works RECOMMENDED FOR APPROVAL: By: _______________________ Jessica L. Dillingham Principal Real Property Agent By: _______________________ Stacey Sinclair Senior Real Property Agent APPROVED AS TO FORM THOMAS L. GEIGER, COUNTY COUNSEL By: _______________________ Kathleen M. Andrus Deputy County Counsel LESSOR By: ___________________ Nancy Weil Trustee of the Nancy Weil Price Trust By: ________________ Julius Aires Trustee of the Julius Aires Trust Agreement Dated November 15, 2005 By: ________________ Nina Weil Trustee of the Nina Weil Trust Agreement Dated October 19, 2005 By: ________________ Ecuttel, LLC Thomas M. Kasten Managing Member 11 By: ________________ Charles Lawrence Marks Trustee of the Marks Family Trust Dated May 14, 1999 By: ________________ Gladys Monroy Marks Trustee of the Marks Family Trust Dated May 14, 1999 By: ________________ Alexander R. Lithgow Trustee of the Lithgow 1996 Revocable Trust dated July 10, 1996 By: ________________ Karen V. Lithgow Trustee of the Lithgow 1996 Revocable Trust dated July 10, 1996 \\PW-DATA\grpdata\realprop\LEASE MANAGEMENT\CONCORD\2120 DIAMOND BLVD SUITE 110 - T00\LEASES\working file\2120 Diamond Blvd_Ste 110_Lease_final.doc 12 EXHIIBIT A FLOORPLAN 13 EXHIBIT B TENANT IMPROVEMENTS I. Tenant Improvements. Lessor, at Lessor’s expense, shall cause the following improvements to be made to the Premises (together, the “Tenant Improvements”) (Room numbers referenced below correspond to room numbers on Exhibit A – Floorplan.): i. Install glass barrier and two pass through windows between Rooms 1 and 2 as shown. ii. Create a new private exit to the hallway from Room 2 as shown. iii. Remove wall and door where indicated by dashed red line in Room 3. iv. Remove wall and door where indicated by dashed red line in Room 4. v. Remove wall and door where indicated by dashed red line and create new wall to replace the door in Room 6. vi. Create new entry to Room 8. vii. Create new IT closet where shown in Room 6 with fire rated plywood on the walls and anti-static flooring. viii. Install Vinyl Composition Tile and rubber wall baseboard in Room 8 using a mutually agreed upon color and product. ix. Replace carpet and rubber wall baseboard throughout Premises (except Room 8) using a mutually agreed upon product and color. x. Patch and repair walls as necessary and apply fresh paint throughout in mutually agreed upon colors. xi. Install two power outlets on each wall in Room 4 and one power outlet on each wall throughout the rest of the Premises. Install 240V outlets where Copy machines are shown. Room 1 outlets need to be child proof outlets. Install a TV outlet in the middle of the wall in Room 6 where shown. xii. Install building standard signage, using mutually agreed upon wording to describe the Premises, in the ground floor lobby directory, the directory on the second floor and at the entrance to the Premises. II. Completion Notice; Inspection; Substantial Completion Date. When Lessor deems the Tenant Improvements to be Substantially Complete, as defined below, Lessor shall tender delivery to County by delivering a notice to that effect to the 14 County (a “Completion Notice”, attached as Exhibit C). For purposes of this lease, “Substantially Complete” means (1) there is no incomplete or defective work that unreasonably interferes with County’s use of the Premises, (2) the scope of work has been properly executed in accordance with the attached space plan, and (3) all utilities are hooked up and available for use by County in the Premises. Upon receipt of the Completion Notice, a representative of the County, and a representative of the Lessor will immediately inspect the Premises for the purpose of establishing that the Tenant Improvements are Substantially Complete. Once the County is satisfied that the Tenant Improvements appear to be Substantially Complete, the County will so indicate by countersigning the Completion Notice. The Premises will be deemed delivered to County on the day that the County countersigns the Completion Notice (the “Commencement Date”). III. Punchlist. The County has 60 days from the Commencement Date to provide Lessor with a written list of any items that are defective or incomplete (a “Punchlist”). The County’s failure to specify an item on the Punchlist, however, does not waive Lessor’s obligation to construct the Tenant Improvements in accordance with this lease. Lessor shall remedy all items on the Punchlist as soon as practicable and in any event within 30 days of Lessor receiving the Punchlist. If Lessor fails to remedy all items on the Punchlist within the 30-day period (exempt as to items, if any, that require more than 30 days to complete), then County may, upon 20 days prior notice to Lessor, complete any Punchlist items and deduct the cost of such work from the Rent next coming due under the lease. 15 EXHIBIT C FORM OF COMPLETION NOTICE To: From: Date: Re: Completion Notice and Commencement Date of Lease This notice is provided in compliance the Lease dated __________ between ___________________ and Contra Costa County (the “Lease”). All terms not otherwise defined herein have the meaning ascribed to them in the Lease. Tender by Lessor Lessor hereby represents that it has completed construction of the Tenant Improvements in substantial conformity with Exhibit A and B and that the Commencement Date of the Lease is __________________. Landlord hereby tenders the Premises for delivery to Tenant. By: _____________________ Its: _____________________ Certification by Contra Costa County The undersigned, a duly authorized representative of Contra Costa County, hereby represents that the County has caused the Tenant Improvements to be inspected and has determined them to be in substantial conformity with the Final Plans. Contra Costa County By: _____________________ Date: _________________ Its: _____________________ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3281 Name: Status:Type:Consent Item Passed File created:In control:9/23/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Dominguez Landscape Services, Inc., effective August 31, 2024, to increase the payment limit by $1,000,000 to a new payment limit of $3,000,000 and extend the term through August 31, 2026, for on-call landscaping services at various County sites and facilities, Countywide. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Amendment No.1 with Dominguez Landscape Services,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 Dominguez Landscape Services,Inc.,effective August 31,2024,to increase the payment limit by $1,000,000 to a new payment limit of $3,000,000 and extend the term through August 31,2026,for on-call landscaping 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 maintaining the irrigation and drainage systems at County facilities along with weed abatement of County-owned properties.On-call landscaping contracts are on an as-needed basis,utilized when the demand for landscaping and weed abatement services exceeds staffing levels. Government Code Section 25358 authorizes the County to contract for maintenance and upkeep of County facilities.The Request for Proposal was originally bid on BidSync #2102-457.The Public Works Department conducted a thorough evaluation and Dominguez Landscape Services,Inc.,was one of two vendors awarded for this type of work.The Public Works Department originally awarded a three (3)year contract for $2,000,000 CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3281,Version:1 for this type of work.The Public Works Department originally awarded a three (3)year contract for $2,000,000 with the term September 1, 2021, through August 31, 2024. Facilities Services is requesting Amendment No.1 with Dominguez Landscape Services,Inc.to be approved, increasing the payment limit to $3,000,000 and extending the term from August 31,2024,to August 31,2026, for on-call landscaping services. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of this Contract Amendment No.1,landscaping services with Dominguez Landscape Services, Inc. will discontinue, and future projects will not be completed. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3282 Name: Status:Type:Consent Item Passed File created:In control:9/23/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Frank McGuire, effective August 31, 2024, to increase the payment limit by $1,000,000 to a new payment limit of $3,000,000 and extend the term through August 31, 2026, for on -call landscaping services at various County sites and facilities, Countywide. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Amendment No.1 with Frank McGuire (dba The Landscape Company),a Sole Proprietor, 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 Frank McGuire (dba The Landscape Company),effective August 31,2024,to increase the payment limit by $1,000,000 to a new payment limit of $3,000,000 and extend the term through August 31,2026,for on-call landscaping 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 maintaining the irrigation and drainage systems at County facilities along with weed abatement of County-owned properties.On-call landscaping contracts are on an as-needed basis,utilized when the demand for landscaping and weed abatement services exceeds staffing levels. Government Code Section 25358 authorizes the County to contract for maintenance and upkeep of County facilities.The Request for Proposal was originally bid on BidSync #2102-457.The Public Works Department conducted a thorough evaluation and Frank McGuire (dba The Landscape Company),was one of two vendors awarded for this type of work.The Public Works Department originally awarded a three (3)year contract for CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3282,Version:1 $2,000,000 with the term September 1, 2021, through August 31, 2024. Facilities Services is requesting Amendment No.1 with Frank McGuire (dba The Landscape Company)to be approved,increasing the payment limit to $3,000,000 and extending the term from August 31,2024,to August 31, 2026, for on-call landscaping services. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of this Contract Amendment No.1,landscaping services with Frank McGuire (dba The Landscape Company) will discontinue, and future projects will not be completed. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3283 Name: Status:Type:Consent Item Passed File created:In control:9/24/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease between the County and Contra Costa Interfaith Transitional Housing Inc. (dba Hope Solutions) (Lessee) under which the County will lease the County-owned property located at 2555 El Portal Drive in San Pablo to Lessee in exchange for Lessee’s operation of a permanent supportive housing facility at the site pursuant to a service contract between the County and Lessee, for an initial term of three years, which term may be shortened or extended to correspond to the term of the service contract. (90% Federal funds and 10% State funds) Attachments:1. El Portal Place Master Lease Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Lease of El Portal Place to Hope Solutions for the Operation of Permanent Supportive Housing ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a lease between the County and Contra Costa Interfaith Transitional Housing Inc.(dba Hope Solutions)(Lessee)under which the County will lease the County-owned property located at 2555 El Portal Drive in San Pablo,to Lessee in exchange for Lessee’s operation of a permanent supportive housing facility at the site pursuant to a service contract between the County and Lessee,for an initial term of three years,which term may be shortened or extended to correspond to the term of the service contract. FISCAL IMPACT: Approval of the lease will not generate revenue for the County;the Lessee will operate a County program at the site on behalf of Health Services.Health Services estimates the cost of operating the program will be funded 90% by Federal funds and 10% by State funds. BACKGROUND: Property Acquisition On December 14,2021,this Board authorized the Health Services Director to apply to the California Department of Health Care Services (HCD)for up to $32,400,000 of grant funding from the Homekey Program to purchase the property located at 2555 El Portal Drive in San Pablo (Property).The County’s application to HCD proposed the acquisition of the Property and the renovation of the existing two-story building on the CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 3 powered by Legistar™ File #:24-3283,Version:1 HCD proposed the acquisition of the Property and the renovation of the existing two-story building on the Property to create 54 studio apartments to use as permanent supportive housing for persons experiencing,or at risk of experiencing, homelessness. On February 1,2022,in support of the County’s application to HCD for Homekey funding,this Board authorized the Public Works Director to enter into a lease with the Property owner,under which the owner would construct tenant improvements specified by the County to renovate the building.At the same time,the Board authorized the Public Works Director to enter into a purchase and sale agreement governing the County’s purchase of the Property. On November 21,2023,the County received a letter from HCD notifying the County that it had been awarded Homekey Program grant funds in the amount $16,000,000 to be applied to the $21,320,000 purchase price of the Property.The balance of the purchase price was paid using Measure X funds,which had been allocated to the project on November 16, 2021. On May 14,2024,the Board approved the purchase of the Property.The purchase was consummated on July 11, 2024. The facility at the site has been named El Portal Place. Operation of El Portal Place Through a separate Staff Report,the Health Services Director is recommending that the County contract with Hope Solutions to operate El Portal Place.The lease and the service contract will have the same term.If the service contract is terminated for any reason,the lease will terminate on the same day.Under the terms of the lease,Hope Solutions is responsible for maintaining the building and grounds.All costs incurred by Hope Solutions in maintaining the building and grounds will be reimbursed by the County under the reimbursement mechanism established in the service contract. Under the service contract,Hope Solutions will operate El Portal Place as permanent supportive housing for eligible tenants.Hope Solutions’responsibilities include qualifying the tenants,collecting rents,maintaining records,and making support services available to those tenants who choose to use them.All services performed by Hope Solutions under the service contract are governed by applicable law,which includes the County’s Continuum of Care Program. If the lease and the service contract are approved as requested,it is anticipated that residents will be able to begin to move into El Portal Place as soon as October 15, 2024. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the lease and, separately, the service contract, will result in a delay in the opening of El Portal Place to residents. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 3 powered by Legistar™ File #:24-3283,Version:1 CONTRA COSTA COUNTY Printed on 12/5/2024Page 3 of 3 powered by Legistar™ 1 MASTER LEASE AGREEMENT El Portal Place 2555 El Portal Drive, San Pablo, California This master lease agreement is dated as of October 8, 2024, and is between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (“County”) and CONTRA COSTA INTERFAITH TRANSITIONAL HOUSING INC. (dba HOPE SOLUTIONS), a California nonprofit corporation (“Lessee”). Recitals A. The County is the owner of the property located at 2555 El Portal Drive, San Pablo, California (the “Property”). The Property has been improved with an approximately 25,610 square foot two-story building (the “Building”), a parking lot and landscaping (together, the “Improvements”). The County acquired the Property for the purpose of using it to provide permanent supportive housing to individuals experiencing homelessness, or at risk of homelessness (“Supportive Housing”). The Building has been renovated to create 54 apartment units for rent to qualifying tenants. B. The County desires to lease to Lessee, and Lessee desires to lease from the County, the Property for the duration of the Service Contract, as defined below. C. The “Service Contract” is a separate agreement between the County and Lessee having the same date as this agreement. Under the Service Contract, Lessee will operate the Property as Supportive Housing. The term of the Service Contract is through September 30, 2027. The parties therefore agree as follows: SECTION 1 Lease of Property 1. Lease of Property. In consideration of compliance with the terms and conditions of this lease, the County hereby leases to Lessee and Lessee hereby leases from the County, the Property, under the terms and conditions described in this lease. 2. Term. The “Term” of this lease begins on October 8, 2024, and ends on September 30, 2027. a. If the Service Contract is renewed or extended, the term of this lease will automatically be extended to be coterminous with the Service Contract. In no event may the term of this lease be extended beyond the expiration or termination of the Service Contract. If the lease is extended in accordance with the terms of this lease, 2 all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section. b. If the Service Contract is terminated for any reason or for no reason, the Term of this lease will end on the same date that the Service Contract ends. 3. Rent. In lieu of rent, Lessee will provide the services described in the Service Contract. 4. Use. The Property may only be used for the purpose of providing the services described in the Service Contract. SECTION 2 Utilities and Building Support Services 5. County Obligations. The County is responsible for providing the following services to the Property: a. Utility services, including water, gas and electricity, refuse collection, storm water services and sanitary sewer services. b. A card key system that controls all the Building’s lockable doors. i. If necessary, Lessee shall contact the designated person at the County’s Public Works Department for additional or replacement keys and card keys. ii. Lessee shall notify County as soon as possible of lost card keys so they can be disabled. c. A surveillance camera system that monitors the exterior of the building. d. Remote monitoring of the smoke and fire alarm system through a third party. 6. Lessee Obligations. Lessee is responsible for providing the following services to the Property, the cost of which is included in the budget attached to the Service Contract and will be reimbursed in accordance with the terms of the Service Contract. a. Routine Services. Lessee shall establish accounts in its name with service providers and shall pay for janitorial services, pest control services, and, except for services to be provided to the apartment units, telephone and internet service. b. Trash. Lessee shall cause rubbish and trash to be accumulated and stored for pickup within enclosures, screened areas and/or suitable covered metal receptacles within the Property. Lessee shall ensure that the storage method prevents, to the extent possible, odors, fumes, attraction of pests and dispersal of wastes due to wind or water runoff. 3 c. Routine Repairs. i. Fixtures and Systems. Lessee shall maintain the apartment units, all doors and their fixtures, door closers and hinges, and all windows in good order, condition and repair. Lessee shall repair and maintain the electrical, interior lighting, lighting on the building, and the interior water and plumbing systems in good order, condition and repair. ii. Laundry Room. Lessee shall cause the washing machines and dryers in the laundry room, and any other amenities in the laundry room, to be maintained in good condition and repair. iii. Fire Extinguishers. Lessee shall maintain, repair, and replace the fire extinguishers that have been provided by the County. SECTION 3 Property Maintenance 7. County Obligations. The County has the following maintenance obligations: a. Maintaining the structural integrity of the Building. b. Maintaining the roof of the Building, including routine gutter maintenance. c. Maintaining the plumbing system beyond the perimeter of the Building. d. Non-routine elevator maintenance. e. Non-routine maintenance and repair of the Building’s heating, ventilating, and air- conditioning (HVAC) systems. f. Maintaining the parking lot, including repairing cracks, sealing, and other repairs. g. Maintaining the lighting in the parking lot. h. Maintaining the electronic lock system. i. Maintaining the exterior surveillance camera system. 8. Lessee Obligations. Lessee has the following maintenance obligations, the cost of which will be reimbursed by the County in accordance with the reimbursement process set forth in the Service Contract: a. Elevator. Lessee shall contract with an elevator service company possessing a C- 11 license issued by the California Contractors’ State License Board to provide routine maintenance and repair services to the Building’s elevator and shall 4 provide the County with a copy of the valid, current elevator permit issued by the State of California each year not later than 30 days after receipt from the State. b. HVAC. Lessee shall contract with an HVAC repair provider to keep the HVAC systems in good operating condition, which contract is to cover maintenance of the HVAC units and components, including motors, belts, dampers, drainage systems, and air filters, to occur quarterly. c. Landscaping. Lessee shall contract with a professional landscape company to maintain the landscaping in good order, condition and repair, which includes maintaining the dog park and keeping the parking lot clean and free of debris. d. Repair of Paint Damage. In the event it is necessary to repair the interior or exterior Building paint, for example, as a result of damage caused by graffiti, Lessee shall contract with a professional painting company to effect the repair. The color and type of paint used will be specified by the County’s Department of Public Works. e. In-Unit Life Systems. Lessee shall routinely inspect the smoke detectors and carbon monoxide monitors required in each residential unit and shall (i) repair and replace the units as necessary, and (ii) provide the County with a copy of the annual inspection report provided by the Fire Marshall. 9. Maintenance Reports. a. Annual Reports. Within 60 days after the end of the calendar year, Lessee shall provide a report to the Director of Public Works, or his designee, detailing all maintenance, repair and work performed at the Property in the prior calendar year. The report is to include a full description of the work performed, the date it was performed, the contractor that performed the work and the cost of the work. The report is to be mailed to the address set forth for the County in Section 21 (Notices) below, unless an alternative address is provided by the County. b. Incident Reports. Within 30 days after the occurrence of any non-routine maintenance or repair situation, Lessee shall provide a report to the Director of Public Works, or his designee, that describes the situation, the maintenance or repair that was carried out, the date the work was performed, the contractor that performed the work, the cost of the work and any residual issues that could impact the Building or the Property. SECTION 4 Insurance 10. Insurance. a. Liability Insurance. Throughout the Term, Lessee shall maintain in full force and effect, at its sole expense, a comprehensive general liability or commercial general 5 liability insurance program covering bodily injury (including death), personal injury, and property damage. The limits must be not less than one million dollars per occurrence and two million dollars aggregate. The policy must name the County, its officers, agents and employees, individually and collectively, as additional insureds. The liability insurance maintained by Lessee must be primary. b. Property Insurance. The County will maintain property insurance coverage on its real property. Lessee has no interest in the proceeds of insurance on the County’s real property, improvements, equipment, or fixtures. Lessee shall sign all documents necessary or proper in connection with the settlement of any claim or loss by the County. Lessee shall maintain in full force and effect, at its sole expense, a standard All Risk policy, which may exclude earthquake and flood, to insure its own personal property within or on the Property. c. Worker’s Compensation and Employer’s Liability Insurance. Lessee shall maintain in full force and effect, at its sole expense, (i) statutory California Workers’ Compensation coverage including a broad form all-states endorsement, and (ii) employer’s liability coverage for not less than one million dollars per occurrence for all employees engaged in services or operations at the Property. d. Evidence of Insurance. Within 30 days after execution of this lease, Lessee shall provide to the County, on a form approved by the County, an original copy of a Certificate of Insurance. The Certificate of Insurance must certify that the coverage required by this lease has been obtained and remains in force for the period required by this lease. e. Notice of Cancellation or Reduction of Coverage. Lessee shall cause all policies it is required to obtain under the terms of this lease to contain a provision that the County is to receive written notification of any cancellation or reduction in coverage at least 30 days prior to the effective date of such cancellation or reduction. Any such notification is to be sent to the County in accordance with Section 21 (Notices). f. Waiver of Subrogation. Except as may be specifically provided elsewhere in this lease, the County and Lessee hereby each mutually waive any and all rights of recovery from the other in the event of damage to the Property or any personal property that is caused by acts of God, perils of fire, lightning, and the extended coverage perils, as defined in insurance policies and forms approved for use in the State of California. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with this waiver. SECTION 5 General Terms 11. Taxes. Lessee agrees to pay before delinquency all possessory interest taxes, if applicable, and related assessments, license fees, and other charges that are levied and assessed upon Lessee’s interest in the Property, or upon Lessee’s personal property 6 installed or located in or on the Property, by Contra Costa County or other legally authorized government authority. Lessee may pay any such taxes and assessments under protest, without liability, cost, or expense to the County, to contest the amount in good faith. Payment of such taxes, assessments, license fees, or other charges levied and assessed upon Lessee’s interest is the liability of Lessee. 12. Alterations and Additions. Except as otherwise provided in this lease, Lessee may not make any alterations, erect any additional structures, or make any improvements on the Property without the prior written consent of the Director of Public Works or his or her designee. 13. Surrender of Property. On the last day of the Term, or sooner termination of this lease, Lessee shall peaceably and quietly leave and surrender to the County the Property, along with its appurtenances and fixtures, all in good condition, ordinary wear and tear, damage by casualty, acts of God and circumstances over which Lessee has no control excepted. a. Personal Property. Title to personal property belonging to Lessee will remain in Lessee at all times during the Term of this lease, and Lessee has the right at any time to remove any or all of its personal property from the Property, provided that upon any such removal, Lessee shall repair, at Lessee’s expense, any damage resulting therefrom and leave the Property in a clean and neat condition. If Lessee fails to remove any personal property from the Property within 30 days after the expiration, cancellation, or termination of this lease, such personal property may be removed by the County at Lessee’s expense, which will be paid immediately upon receipt of the County’s written demand. b. Effectiveness. The provisions of this Section will survive the expiration, cancellation, or earlier termination of this lease. 14. Abandonment. Lessee may not vacate or abandon the Property at any time during the Term. If Lessee abandons, vacates, or surrenders the Property, or is dispossessed by process of law, or otherwise, the County may deem any personal property belonging to Lessee that remains on the Property to be abandoned. 15. Waste, Nuisance. Lessee may not commit, or suffer to be committed, any waste upon the Property, or any nuisance or other act or thing that may disturb the quiet enjoyment of the neighborhood in which the Property is located. 16. Inspection. The County may enter the Property at any time in an emergency and with 24- hours’ notice in a non-emergency to determine that (i) the Property is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Property are done in a manner reasonably calculated to preserve the Property, and (iii) Lessee is in compliance with the terms and conditions of this lease. Notwithstanding the foregoing, 7 the right to enter and inspect granted to the County by this paragraph does not include the right to enter and inspect any residential unit in the Building, which right of entry may be granted to the County pursuant to the Service Contract. 17. Destruction. This lease will terminate in the event of the total destruction of the Building. If damage occurs that causes a partial destruction of the Building during the Term, the County may, at its option, make repairs within a reasonable time; provided, however, if the County does not repair the Building within a reasonable time, Lessee may terminate this lease and the Service Contract. In any event, the County and Lessee will work together to address the needs of the residents. 18. Indemnification. a. Lessee shall indemnify, defend and hold County, its officers, agents and employees harmless from any and all claims, costs and liability, for any damage, injury or death, including without limitation, all consequential damages from any cause whatsoever, to any person or the property of any person arising directly or indirectly from or connected with Lessee’s operations or Lessee’s use or possession of the Property, save and except claims or litigation arising through and to the extent of the negligence or willful misconduct of County, its officers or employees, and shall make good to and reimburse County for any expenditures, including reasonable attorneys’ fees, County may make by reason of such matters. b. The County shall indemnify, defend and hold Lessee, its officers, agents and employees harmless from any and all claims, costs and liability, for any damage, injury or death, including without limitation, all consequential damages from any cause whatsoever, to any person or the property of any person arising directly or indirectly from or connected with the condition of the Property as delivered to Lessee by County, or County’s action or inaction in connection with County’s performance under this Lease, save and except claims or litigation arising through and to the extent of the negligence or willful misconduct of Lessee, its officers or employees, and shall make good to and reimburse Lessee for any expenditures, including reasonable attorneys’ fees, Lessee may make by reason of such matters. 19. Default. The occurrence of any of the following events is a default under this lease: a. Lessee. Lessee’s failure to comply with any material term or provision of this lease if such failure is not remedied within 30 days after receipt of a written notice from the County to Lessee specifying the nature of the breach in reasonably sufficient detail (a “Notice of Default”). If the required cure of the noticed failure cannot be completed within 30 days, the failure to cure will not be deemed to be a default of this lease if Lessee has attempted to cure the failure within the 30-day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. In no 8 event will the cure period extend beyond the 60-day period after Lessee’s receipt of the Notice of Default. b. County. The County’s failure to perform any obligation under this lease if the failure is not remedied within 30 days after receipt of a written notice from Lessee to the County specifying the nature of the breach in reasonably sufficient detail. If the required cure of the noticed failure cannot reasonably be completed within 30 days, a default will not be deemed to occur if the County has attempted to cure the failure within the 30-day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. 20. Remedies. a. County. Upon the occurrence of a default by Lessee, the County may reenter and repossess the Property and remove all persons and property from the Property, after giving Lessee a written Notice of Default and in accordance with due process of law. b. Lessee. Upon the occurrence of a default by the County, Lessee may terminate this lease by giving written notice to the County and quit the Property without further cost or obligation to the County. 21. Notices. Any notice required or permitted under this lease shall be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows: To Lessee: Hope Solutions Attn: Chief Executive Officer 399 Taylor Blvd., Suite 115 Pleasant Hill, CA 94523 To County: Contra Costa County Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94553 Either party may at any time designate in writing a substitute address for that set forth above and thereafter notices are to be directed to the substituted address. If sent in accordance with this Section, all notices will be deemed effective (i) the next business day, if sent by overnight courier, or (ii) three days after being deposited in the United States Postal system. 22. Covenant against Liens. Lessee may not permit any mechanic’s, materialman’s, or other lien against the Property in connection with any labor, materials, or services furnished or claimed to have been furnished. If any such lien is filed against the Property, Lessee will 9 cause the same to be discharged, provided however, Lessee may contest any such lien, so long as the enforcement thereof is stayed. 23. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the County and Lessee. 24. Holding Over. In the event Lessee remains in possession of the Property after the expiration of the Term, such holding over does not constitute a renewal or extension of this lease but will be construed to be a tenancy from month to month on the same terms and conditions set forth in this lease. 25. Governing Law. The laws of the State of California govern all matters arising out of this lease. 26. Severability. If any provision in this lease is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this lease will not in any way be affected or impaired. [Remainder of Page Intentionally Left Blank] 10 27. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease or the Service Contract. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties prepared it. This lease may be modified only by a writing signed by both parties. The parties are executing this lease as of the date set forth in the introductory paragraph. COUNTY OF CONTRA COSTA, a CONTRA COSTA INTERFAITH political subdivision of the State of TRANSITIONAL HOUSING, a California California nonprofit corporation By: _______________________ By: __________________________ Warren Lai Deanne Pearn Public Works Director Chief Executive Officer RECOMMENDED FOR APPROVAL: By: _______________________ By: __________________________ Jessica L. Dillingham Christina McCarthy Principal Real Property Agent Chief Financial Officer By: _______________________ Julin E. Perez Supervising Real Property Agent APPROVED AS TO FORM THOMAS L. GEIGER, COUNTY COUNSEL By: _______________________ Kathleen M. Andrus Deputy County Counsel \\PW-DATA\grpdata\realprop\LEASE MANAGEMENT\SAN PABLO\2555 EL PORTAL DR - (MicroHousing) T00777\LEASE\Master Lease drafts\El Portal Place Master Lease V5.docx 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3284 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:DENY claims filed by CSAA Insurance Exchange for Jose Espinoza; Nathaniel Gardner; and Coral Michel. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass 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 CSAA Insurance Exchange for Jose Espinoza; Nathaniel Gardner; and Coral Michel. FISCAL IMPACT: No fiscal impact. BACKGROUND: CSAA Insurance Exchange for Jose Espinoza: Subrogation claim for damage to vehicle in the amount of $1,761.92. Nathaniel Gardner: Property claim for damage to vehicle in the amount of $5,307. Coral Michel: Personal injury claim related to alleged dangerous condition in the amount of $100,000,000. 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 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3284,Version:1 CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3285 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Optum, to extend the term from September 30, 2024 to September 30, 2025, and increase the payment limit by $70,000 to a new payment limit of $140,000 for continued employee counseling services. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Optum ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to exercise a one-year option to extend the contract with Optum, extending the termination date from September 30, 2024 to September 30, 2025, and increasing the payment limit by $70,000 to a new payment limit of $140,000, to provide counseling services to Sheriff-Coroner employees. FISCAL IMPACT: Approval of this request will result in up to an additional $70,000 in contractual service expenditures over a 1- year period and will be funded 100% by the Office of the Sheriff’s budgeted General Fund. BACKGROUND: The General Services Department conducted a public solicitation for the Office of the Sheriff for Employee Assistance Program services (RFP No.: 2305-648). Optum was the successful bidder of a total of two respondents. Optum exceeded all bid criteria and has experience working with law enforcement agencies. The Sheriff and others in the law enforcement field feel that stress counseling can reduce workers compensation and disability retirement claims. For 19 years, the Office of the Sheriff has contracted to provide emergency psychological counseling to all employees. All other major law enforcement agencies have similar contracts. This program has become an essential part of the overall employee assistance package, and many employees have received significant help in their personal and professional lives by utilizing the available services. Today’s action will extend the existing contract for another year, through September 30, 2025, and increase the CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3285,Version:1 payment limit by $70,000. This agreement includes modified indemnification language to provide mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: There is the potential for the increase in stress related workers compensation claims and disability claims if counseling services are not provided as part of a comprehensive employee assistance program. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3286 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the American National Standards Institute National Accreditation Board in an amount not to exceed $25,000 for accreditation services for the Forensic Services Division, for the period March 1, 2024 through February 28, 2025. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:ANSI National Accreditation Board (ANAB) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with American National Standards Institution (ANSI) National Accreditation Board (ANAB) in an amount not to exceed $25,000 for accreditation services for the Office of the Sheriff Forensic Services Division, for the period March 1, 2024 through February 28, 2025. FISCAL IMPACT: Approval of this request will result in a one-time expenditure of $25,000 and will be funded 100% by the General Fund. BACKGROUND: ANSI National Accreditation Board (ANAB) is a non-governmental organization that provides accreditation services to the Office of the Sheriff Forensic Services Division. ANAB is the largest multi-disciplinary accreditation body in the western hemisphere. Accreditation is based on assessment of a laboratory’s technical qualifications and competence for conducting specific testing activities within the scope of ISO (International Organization for Standardization) / IEC (International Electrotechnical Commission) 17025. The Office of the Sheriff Forensic Services Division has been continually accredited since 2003. The department is seeking approval of this retroactive contract due an administrative delay caused by the substantial number of new contracts the Office of the Sheriff is currently handling. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3286,Version:1 This contract includes mutual indemnification language. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the Office of the Sheriff Forensic Services Division will be unable to maintain its accreditation status. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:124-3287 Name: Status:Type:Consent Item Passed File created:In control:9/26/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Office of the Sheriff, a purchase order with Radio IP Software Inc., in an amount not to exceed $29,000 to provide private encrypted connections between mobile data computers and access to software systems for the period August 1, 2024 through July 31, 2025. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/8/2024 1 Pass To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Radio IP Software 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 Office of the Sheriff, a purchase order with Radio IP Software Inc. to provide private, encrypted connections between mobile data computers and access to software systems to the Office of the Sheriff, in an amount not to exceed $29,000, for the period August 1, 2024 through July 31, 2025. FISCAL IMPACT: Approval of this request will result in up to $29,000 in contractual expenditures over a 1-year period and will be funded 100% from the General Fund. BACKGROUND: Radio IP Software specializes in delivering innovative Mobile Virtual Private Networks (also known as Mobile VPN or MVPN) and mobile security solutions to small and large enterprises, as well as military, public safety, utilities, transportation, and government agencies with mission-critical or business-critical communication requirements. Our solutions provide mobile workforces with secure, real-time access to a wide range of applications and networks. Radio IP Software supports all IP and non-IP networks and delivers seamless connectivity and robust security. Radio IP is a critical part of the Sheriff’s Office (SO) operations. The SO uses radio IP to allow private, encrypted connections between the mobile data computers (MDC) in the patrol vehicles and the SO network. It allows access to software systems and data, such as Automated Report Writing System (ARS) and CAD, which CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 2 powered by Legistar™ File #:24-3287,Version:1 are essential to the job function of the deputies. The service and support allow for assistance with technical issues, should they arise, and minimizes any downtime we may experience if they do. This contract includes a limitation of liability provision. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the existing support will expire, leaving the SO without technical support for the Radio IP software, creating a potential public-safety hazard in the event of an issue that prevents deputies from access to the SO network. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 352 Name: Status:Type:Consent Resolution Passed File created:In control:9/25/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Resolution No. 2024-352 authorizing the sale of specified tax-defaulted property at public auction, pursuant to the California Revenue and Taxation Code §3698, as recommended by the Treasurer-Tax Collector. Attachments:1. 2025 PA SCO Form v2 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To: Board of Supervisors From:Dan Mierzwa, Treasurer-Tax Collector Report Title:ADOPT Resolution No. 2024/xxx authorizing the sale of specified tax-defaulted property at public auction, pursuant to the California Revenue and Taxation Code ("R&T") §3698, as recommended by the Treasurer-Tax Collector. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution authorizing the sale of specified tax-defaulted property at public auction, pursuant to the California Revenue and Taxation Code ("R&T") §3698, as recommended by the Treasurer-Tax Collector. FISCAL IMPACT: All costs will be recovered from the proceeds of the sale. Property or property interests that have been offered for sale at least once and where no acceptable bids have been received at the minimum price, the tax collector may offer that same property or those interests at the same or next scheduled sale at a minimum price that may be less than the amount of defaulted taxes, delinquent and redemption penalties as specified in R&T §3698.5(a)(1). Should the final selling price at public auction be less than the amount as specified in R&T §3698.5(a)(1), proceeds shall be distributed as specified in R&T §4673.1 & R&T §4674 and any remaining balance to satisfy the amounts as specified in R&T §3698.5(a)(1) may be transferred from the Tax Loss Reserve Fund. (R&T §4703.2(c).) BACKGROUND: The Treasurer-Tax Collector is required to sell tax-defaulted property that is subject to the power of sale (R&T §3691). Written approval of the Board of Supervisors (R&T §3694 and 3698) is required to sell property at public auction (R&T §3692) to the highest bidder at the time and place fixed for sale (R&T §3706). For nonresidential commercial property, if the highest bidder does not consummate the sale within the time period determined by the Treasurer-Tax Collector, the Treasurer-Tax Collector may offer the CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-352,Version:1 property to the next highest bidder at their bid price. If a sale occurs at a public auction for a parcel of property and the sale in unconsummated, if the next public auction for that parcel occurs more than one year after the date of that first auction and the highest bidder does not consummate that subsequent sale within the time period determined by the Treasurer-Tax Collector, the Treasurer-Tax Collector may offer that property, regardless of type, for sale to the next highest bidder at their price (R&T §3693). Property that has been tax-defaulted for five or more years and is subject to the Treasurer-Tax Collector's power to sell may be sold. All or any portion of a property may be offered for sale, without regard to its boundaries when it became subject to sale (R&T §3691). The purpose of the sale is to collect unpaid taxes. Offering property for sale achieves this, either by collecting the unpaid taxes from the proceeds of the sale or through redemption by the assessee. Any person or entity, including cities, taxing agencies, revenue districts and the State may purchase property at a public auction (R&T §3691 and 3705). The only exception to eligible purchasers is the Treasurer-Tax Collector, who conducts the sale, or his/her employees (California Government Code §1090). If a parcel is redeemed before the close of business on the last business day prior to the date of sale, the power to sell is automatically nullified and the parcel will be withdrawn from the sale. If a parcel is redeemed within 90 days of the scheduled sale, $150 will be collected to reimburse the County for costs incurred in preparing to conduct the sale (R&T §4112). Where property or property interests have been offered for sale at least once and no acceptable bids therefore have been received at the minimum price, the Treasurer-Tax Collector may, in his discretion and with the approval of the board of supervisors, offer that same property or those interests at the same or next scheduled sale at a minimum price that the Treasurer-Tax Collector deems appropriate in light of the most current assessed valuation of that property or those interests, or any unique circumstance with respect to that property or those interests. (R&T §3698.5(c)) Any parcel remaining unsold may be reoffered within a 90-day period and any new parties of interest shall be notified in accordance with R&T §3706. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the annual Treasurer-Tax Collector’s Public Auction will not proceed, and property taxes will not be collected. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-352,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 Sale of Tax-Defaulted Property by the County Tax Collector WHEREAS, the Board, pursuant to §3698 of the Revenue and Taxation code, having been notified by the County Tax Collector of his intent to sell certain tax-defaulted property at public auction and having been provided with a description and minimum purchase price for which each will be sold, and the notice of intended sale of the aforementioned properties be posted or published in accordance with §3702 and §3703 of the California Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the Board that the County Tax Collector's proposed sale of tax- defaulted properties listed in Exhibit A attached hereto and made a part hereof, at or above the minimum price indicated is APPROVED pursuant to §3698 of the Revenue and Taxation Code, and the notice of intended sale be posted or published in accordance with §3702 and §3703 of the Revenue and Taxation Code. CONTRA COSTA COUNTY Printed on 12/5/2024Page 3 of 3 powered by Legistar™ WITH APPROVAL OF THE BOARD OF SUPERVISORS, BY RESOLUTION 2024/XXX DATED OCTOBER 08 THE PROPERTIES LISTED BELOW WILL BE OFFERED 503-330-001-2 36,300 2016-00995 DILIBERTO JAMES J 3 RODRIGUEZ JESUS FLORES 4 5 LEHN BARBARA J 6 7 8 9 KAUR BEERA 10 11 SINGH RAJESHWAR 12 13 14 15 16 CRUZ JAKE JR 17 CRUZ JAKE JR 19 KAUR BEERA 20 21 22 23 273-200-017-5 10,300 2018-04696 NEEDLE LEWIS J & EMILY D TRE 2024-0077546 25 273-200-032-4 13,000 2018-04699 NEEDLE LEWIS J & EMILY D TRE 2024-0077548 27 409-281-013-6 16,800 2018-04915 SMITH DELORES 28 30 LEE CHARLES 31 32 33 34 MAYA MARIA ELENA ACEYES 35 36 37 38 39 40 41 GUTIERREZ JESUS 44 45 COMBS STANLEY SR TRE EST OF 46 47 LAND VIEW LLC 48 49 50 51 PYRCZAK PETER 52 534-031-001-9 39,300 2018-02216 KAUR BEERA TRE 2024-0077579 53 514-070-014-6 47,900 2018-02258 PERATA ROBERT P & PAMELA TRE 54 KAUR BEERA 55 56 ALFRED KEANTAY 57 58 59 60 MIRFAKHRAEE AMIR 61 63 65 GOODWIN SARAH Z 66 67 69 70 71 JI WEIJIA 74 DAVIS DEBORAH 75 76 77 78 BRISBO JAMES W 80 MILLICAN JAMES T II 81 380-101-015-2 46,600 2018-04417 CARPOFF MATTHEW PAUL 2024-0077493 83 095-044-004-0 8,300 2018-04496 AXUP ARTHUR 2024-0077495 84 093-100-055-8 41,500 2018-04525 UNITED PENTECOSTAL CHURCH 2024-0077496 85 098-072-009-8 37,100 2018-04542 KAUR BEERA 86 87 88 89 90 LINHART ROBERT R 91 92 93 94 95 96 97 98 99 100 101 103 104 105 106 CALLOWAY DANIEL CEPHUS EST OF 107 DENGLER KENNETH 111 418-131-003-0 92,300 2008-14634 SHERS PERRY EST OF 112 115 DODSON JAY W TRE EST OF 116 118 RANDALL DONAL J & LEOTA R 120 121 HARMON LEONA M TRE EST OF 122 SMITH JEWEL LOUVENIA 123 MERRITT PAUL EST OF 124 126 127 128 131 132 134 135 ADAMS SANDRA JOYCE ROYSTON 137 138 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2024- 345 Name: Status:Type:Consent Resolution Passed File created:In control:9/30/2024 BOARD OF SUPERVISORS On agenda:Final action:10/8/2024 10/8/2024 Title:ADOPT Resolution No. 2024-345 authorizing the issuance of the West Contra Costa Unified School District General Obligation Bonds, 2020 Election, 2024 Series B and General Obligation Bonds, 2020 Election, 2024 Series C, in an aggregate principal amount not to exceed $250,000,000 by the County on behalf of the District. (No fiscal impact) Attachments:1. Attachment A - Resolution.pdf, 2. Attachment B - County and District New Money Bond Purchase Agreement - West Contra Costa USD 2024 GOBs-v5.pdf Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/8/2024 1 Pass To: Board of Supervisors From:Dan Mierzwa, Treasurer-Tax Collector Report Title:Issuance of West Contra Costa Unified School District Bonds ☐Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution authorizing the issuance of the West Contra Costa Unified School District General Obligation Bonds, 2020 Election, 2024 Series B and General Obligation Bonds, 2020 Election, 2024 Series C, in an aggregate principal amount not to exceed $250,000,000 by the County on behalf of the District. FISCAL IMPACT: There is no fiscal impact to the County. BACKGROUND: The West Contra Costa Unified School District intends to issue General Obligation bonds to fund capital improvements throughout the District. The District received a qualified certification and, therefore, cannot issue bonds on its own behalf. The County is required to issue bonds on behalf of the District pursuant to Section 15140(a) of the Education Code. The District adopted a resolution on September 11, 2024, authorizing the sale and issuance of the bonds. This issuance was approved by the voters as part of a bond measure listed on the March 3, 2020 ballot. CONTRA COSTA COUNTY Printed on 12/5/2024Page 1 of 3 powered by Legistar™ File #:RES 2024-345,Version:1 CONSEQUENCE OF NEGATIVE ACTION: Without the Contra Costa County Board of Supervisors’ authorization, the bonds will not be sold to facilitate capital projects within the District. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board The Board of Supervisors adopts Resolution No. 2024-345, the full text of which is included as Attachment A. CONTRA COSTA COUNTY Printed on 12/5/2024Page 2 of 3 powered by Legistar™ File #:RES 2024-345,Version:1 CONTRA COSTA COUNTY Printed on 12/5/2024Page 3 of 3 powered by Legistar™ 4871-9161-1098.5 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $250,000,000 AGGREGATE PRINCIPAL AMOUNT OF WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT GENERAL OBLIGATION BONDS, 2020 ELECTION, 2024 SERIES B AND GENERAL OBLIGATION BONDS, 2020 ELECTION, 2024 SERIES C (FEDERALLY TAXABLE), AND APPROVING CERTAIN OTHER MATTERS RELATING TO SAID BONDS 4871-9161-1098.5 TABLE OF CONTENTS Page i SECTION 1. Definitions ........................................................................................................... 3 SECTION 2. Rules of Construction .......................................................................................... 7 SECTION 3. Authority for this Resolution ............................................................................... 7 SECTION 4. Resolution to Constitute Contract ........................................................................ 7 SECTION 5. Approval of Documents; Determination of Method of Sale and Terms of Bonds ................................................................................................................... 7 SECTION 6. Authorization of Officers ..................................................................................... 8 SECTION 7. Use of Bond Proceeds .......................................................................................... 8 SECTION 8. Designation and Form; Payment.......................................................................... 8 SECTION 9. Description of the Bonds ..................................................................................... 9 SECTION 10. Tax Covenants ..................................................................................................... 9 SECTION 11. Book-Entry System ............................................................................................ 10 SECTION 12. Execution of the Bonds ...................................................................................... 12 SECTION 13. Transfer and Exchange ...................................................................................... 12 SECTION 14. Bonds Mutilated, Destroyed, Stolen or Lost...................................................... 13 SECTION 15. Bond Register .................................................................................................... 13 SECTION 16. Temporary Bonds. ............................................................................................. 13 SECTION 17. Unclaimed Money.............................................................................................. 14 SECTION 18. Application of Proceeds ..................................................................................... 14 SECTION 19. Payment of and Security for the Bonds ............................................................. 15 SECTION 20. Establishment and Application of Excess Earnings Fund ................................. 16 SECTION 21. Payment of Costs of Issuance ............................................................................ 16 SECTION 22. Negotiated Sale/Method of Sale ........................................................................ 17 SECTION 23. Engagement of Consultants; Parameters of Sale ............................................... 17 SECTION 24. Establishment of Additional Funds and Accounts ............................................. 17 SECTION 25. Request for Necessary County Actions ............................................................. 17 SECTION 26. Redemption ........................................................................................................ 18 SECTION 27. Selection of Bonds for Redemption ................................................................... 18 SECTION 28. Notice of Redemption ........................................................................................ 18 SECTION 29. Partial Redemption of Bonds ............................................................................. 19 4871-9161-1098.5 TABLE OF CONTENTS (continued) Page ii SECTION 30. Conditional Notice of Redemption .................................................................... 19 SECTION 31. Effect of Notice of Redemption ......................................................................... 19 SECTION 32. Paying Agent; Appointment and Acceptance of Duties .................................... 20 SECTION 33. Liability of Paying Agent .................................................................................. 20 SECTION 34. Evidence on Which Paying Agent May Act ...................................................... 20 SECTION 35. Compensation .................................................................................................... 20 SECTION 36. Ownership of Bonds Permitted .......................................................................... 20 SECTION 37. Resignation or Removal of Paying Agent and Appointment of Successor ....... 21 SECTION 38. Investment of Certain Funds .............................................................................. 21 SECTION 39. Valuation and Sale of Investments .................................................................... 21 SECTION 40. Supplemental Resolutions with Consent of Owners.......................................... 22 SECTION 41. Supplemental Resolutions Effective Without Consent of Owners .................... 22 SECTION 42. Effect of Supplemental Resolution .................................................................... 22 SECTION 43. Discharge and Defeasance ................................................................................. 23 SECTION 44. Approval of Actions; Miscellaneous ................................................................. 23 SECTION 45. Conflicts ............................................................................................................. 24 SECTION 46. Clerk’s Certificate .............................................................................................. 24 SECTION 47. Effective Date .................................................................................................... 24 EXHIBIT A FORM OF BOND ............................................................................................ A-1 EXHIBIT B FORM OF CONTRACT OF PURCHASE.......................................................B-1 4871-9161-1098.5 1 RESOLUTION NO. 2024-345 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $250,000,000 AGGREGATE PRINCIPAL AMOUNT OF WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT GENERAL OBLIGATION BONDS, 2020 ELECTION, 2024 SERIES B AND GENERAL OBLIGATION BONDS, 2020 ELECTION, 2024 SERIES C (FEDERALLY TAXABLE), AND APPROVING CERTAIN OTHER MATTERS RELATING TO SAID BONDS WHEREAS, a duly called election was held in the West Contra Costa Unified School District, a unified school district duly organized and existing under the laws of the State of California (the “District”), County of Contra Costa (the “County”), State of California (the “State”), on March 3, 2020 (the “Election”), and thereafter canvassed pursuant to law; and WHEREAS, at the Election, there was submitted to and approved by at least the requisite fifty-five percent (55%) vote of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the District for various purposes set forth in the ballot submitted to the voters, in the maximum amount of $575,000,000 payable from the levy of an ad valorem property tax against the taxable property in the District (the “Authorization”); and WHEREAS, the District has received a qualified or negative certification on its second interim report; and WHEREAS, Section 15140 of the Education Code of the State (the “Education Code”) requires that general obligation bonds of a school district that has received such a qualified or negative certification be offered for sale by the board of supervisors of the applicable county, as soon as possible following receipt of a resolution adopted by the governing board of such district; and WHEREAS, the Contra Costa County Superintendent of Schools has jurisdiction over the District, which is located within the County; and WHEREAS, the District has heretofore issued and sold $75,000,000 aggregate principal amount of its general obligation bonds under the Authorization, leaving a total of $500,000,000 in bonds unissued thereunder; and WHEREAS, the Board of Education of the District (the “District Board”) has determined that the District has a requirement for the construction, improvement, furnishing and equipping of certain of its public facilities, as provided for in the Authorization (the “Projects”); and WHEREAS, the Board of Supervisors of the County (the “Board”) has received a certified resolution of the District Board, adopted on September 11, 2024 (the “District 4871-9161-1098.5 2 Resolution”), an executed electronic copy of which has been received by the Board, requesting the Board issue the District’s General Obligation Bonds, 2020 Election, 2024 Series B (the “Series B Bonds”) and its General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) (the “Series C Bonds,” and collectively with the Series B Bonds, the “Bonds”) in an aggregate principal amount not to exceed $250,000,000 in order to provide for the construction, improvement, furnishing and equipping of the Projects; and WHEREAS, the Series B Bonds will be the second series of bonds sold under the Authorization and the Series C Bonds will be the third series of bonds sold under the Authorization; and WHEREAS, in the District Resolution, the District Board found and informed this Board that all acts and conditions necessary to be performed by the District or to have been met precedent to and in the issuance and sale of the Bonds in order to make them legal, valid and binding general obligations of the District have been performed and have been met, or will, at the time of delivery of the Bonds, have been performed and met, in regular and due form as required by law; and WHEREAS, the District Board has determined that it is desirable to sell the Bonds pursuant to a negotiated underwriting to J.P. Morgan Securities LLC (the “Underwriter”), pursuant to a Bond Purchase Agreement (as defined herein), a form of which has been submitted to this meeting of the Board and is appended hereto as Exhibit B, which is incorporated herein by this reference (the “Contract of Purchase”); and WHEREAS, a form of continuing disclosure certificate (the “Continuing Disclosure Certificate”), attached as an Appendix to the Preliminary Official Statement, has been submitted to this meeting of the Board and is on file with the Clerk; and WHEREAS, the District Board has requested under the District Resolution that the County should levy and collect an ad valorem property tax on all taxable property within the District sufficient to provide for payment of the Bonds, so that the Auditor-Controller of the County (the “Auditor-Controller”), the Treasurer-Tax Collector of the County (the “Treasurer”) and other officials of the County should take such actions as shall be necessary to provide for the levy and collection of such tax and payment of the Bonds; and WHEREAS, this Board recognizes that Senate Bill No. 222 (Chapter 78, Statutes of 2015) (“SB 222”), which provides for a statutory lien on the Pledged Moneys (as defined herein) when collected by the County to secure repayment of general obligation bonds, was passed by the Legislature of the State and approved by the Governor, and became effective January 1, 2016; and WHEREAS, the pledge made by the District and included in the District Resolution and the Paying Agent Agreement to secure payment of the Bonds is intended to be a consensual agreement with the Owners; and WHEREAS, pursuant to Senate Bill 450 (Chapter 625, Statutes of 2017) (“SB 450”), effective January 1, 2018, the District has disclosed prior to adoption of the District Resolution and this Resolution the following good faith estimates of certain information provided to the 4871-9161-1098.5 3 District by the Municipal Advisor: (a) the true interest cost of the Bonds is estimated to be 4.3123%, (b) the finance charge, or amount paid to third parties in connection with the sale, of the Bonds is estimated to be $923,228.29, (c) the amount of proceeds received by the District from the sale of the Bonds is expected to be $249,076,771.71, and (d) the sum total of all payments the District will make to the final maturity of the Bonds is expected to be $465,894,309.27; and WHEREAS, all acts, conditions and other matters required by law to be done or performed have been done and performed in strict conformity with the laws authorizing the issuance of general obligation bonds of the District, and the indebtedness of the District, including this proposed issue of the Bonds, is within all limits prescribed by law; NOW THEREFORE, IT IS ORDERED by the Board of Supervisors of the County of Contra Costa as follows: SECTION 1. Definitions. Capitalized terms used but not defined herein shall have the meanings set forth in the Recitals hereto. Additionally, the following terms shall for all purposes of this Resolution have the following meanings: “Auditor-Controller” shall mean the Auditor-Controller of the County, or any designated deputy thereof. “Authorized Denominations” shall mean $5,000 Principal Amount or any integral multiple thereof. “Authorized Investments” shall mean legal investments authorized by Section 53601 of the Government Code. “Authorized Officer of the County” shall mean the officers of the County, including the Auditor-Controller, the Treasurer, any Assistant Treasurer or Assistant Auditor- Controller, and their authorized designees, authorized to act with regard to general obligation bond matters. “Authorized Officer of the District” shall mean the officers of the District, including the Superintendent, the Associate Superintendent, Business Services and their authorized designees, and the President and Clerk of the District Board. “Authorizing Law” shall mean, collectively, (i) Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State, as amended; (ii) applicable provisions of the Education Code; and (iii) Article XIIIA of the California Constitution. “Bond Counsel” shall mean Nixon Peabody LLP or any other firm that is a nationally recognized bond counsel firm. “Bond Register” shall mean the books referred to in Section 15 of this Resolution. “Building Fund” shall mean each Building Fund of the District, established at the direction of the District pursuant to this Resolution. 4871-9161-1098.5 4 “Business Day” shall mean a day which is not a Saturday, Sunday or a day on which banking institutions in the State or the State of New York and the New York Stock Exchange are authorized or required to be closed. “Code” shall mean the Internal Revenue Code of 1986, as amended. “Contract of Purchase” shall mean the Bond Purchase Agreement by and among the County, the District and the Representative relating to the Bonds. “Costs of Issuance” shall mean all of the authorized costs of issuing the Bonds as described in the Authorizing Law, including but not limited to, all printing and document preparation expenses in connection with this Resolution, the Bonds and the Preliminary Official Statement and the Official Statement (as hereinafter defined) pertaining to the Bonds and any and all other agreements, instruments, certificates or other documents prepared in connection therewith; rating agency fees; auditor’s fees; CUSIP service bureau charges; legal fees and expenses of counsel with respect to the financing, including the fees and expenses of Bond Counsel and Disclosure Counsel; the fees and expenses of the Municipal Advisor; the fees and expenses of the Paying Agent; the fees and expenses of the County; fees for credit enhancement (if any) relating to the Bonds or the premium of a municipal bond insurance policy, if one is obtained; the discount of the Underwriter; and other fees and expenses incurred in connection with the issuance of the Bonds, to the extent such fees and expenses are approved by the District. “County Office of Education” shall mean the Office of Education of the County and such other persons as may be designated by the County Office of Education to perform any operational and disbursement functions hereunder. “Date of Delivery” shall mean the date of issuance of the Bonds. “Debt Service” shall have the meaning given to that term in Section 18(d) of this Resolution. “Debt Service Fund” shall mean each Debt Service Fund established pursuant to Section 18(b) of this Resolution. “Depository” shall mean DTC and its successors and assigns or if (a) the then- acting Depository resigns from its functions as securities depository for the Bonds, or (b) the District discontinues use of the Depository pursuant to this Resolution, any other securities depository which agrees to follow procedures required to be followed by a securities depository in connection with the Bonds. “Disclosure Counsel” shall mean Nixon Peabody LLP, in its capacity as disclosure counsel to the District. “DTC” shall mean The Depository Trust Company, and its successors and assigns. “Education Code” shall mean the Education Code of the State. 4871-9161-1098.5 5 “EMMA” shall mean the Electronic Municipal Market Access website of the MSRB, currently located at http://emma.msrb.org. “Excess Earnings Fund” shall mean the Excess Earnings Fund established pursuant to Section 20 of this Resolution. “Fiscal Year” shall mean the twelve-month period commencing on July 1 of each year and ending on the following June 30 or any other fiscal year selected by the District. “General Fund” shall mean the general fund of the District. “Government Code” shall mean the Government Code of the State. “Interest Payment Date” shall mean February 1 and August 1 in each year, commencing on February 1, 2025, or as otherwise specified in the Contract of Purchase. “Moody’s” shall mean Moody’s Investors Service, its successors and assigns, except that if such corporation shall no longer perform the functions of a securities rating agency for any reason, the term “Moody’s” shall be deemed to refer to any other nationally recognized securities rating agency selected by the District. “MSRB” shall mean the Municipal Securities Rulemaking Board or any other entity designated or authorized by the Securities and Exchange Commission to receive the reports described in the Continuing Disclosure Certificate. Until otherwise designated by the MSRB or the Securities and Exchange Commission, filings with the MSRB are to be made through EMMA. “Municipal Advisor” shall mean KNN Public Finance, LLC, as Municipal Advisor to the District. “Nominee” shall mean the nominee of the Depository which may be the Depository, as determined from time to time by the Depository. “Nonarbitrage Certificate” shall mean the Tax and Nonarbitrage Certificate of the District delivered in connection with the issuance of the Bonds. “Official Statement” shall mean the final official statement of the District describing the Bonds. “Outstanding” when used with reference to the Bonds, shall mean, as of any date, Bonds theretofore issued or thereupon being issued under this Resolution except: (i) Bonds canceled at or prior to such date; (ii) Bonds in lieu of or in substitution for which other Bonds shall have been delivered pursuant to Section 13 or Section 14 hereof; and 4871-9161-1098.5 6 (iii) Bonds for the payment or redemption of which funds or eligible securities in the necessary amount shall have been set aside (whether on or prior to the maturity or redemption date of such Bonds), in accordance with Section 43 of this Resolution. “Owner” shall mean the registered owner, as indicated in the Bond Register, of any Bond. “Participant” shall mean a member of or participant in the Depository. “Paying Agent” shall mean the paying agent designated pursuant to Section 32 hereof. “Pledged Moneys” shall have the meaning given to that term in Section 19 of this Resolution. “Preliminary Official Statement” shall mean the Preliminary Official Statement of the District, the form of which was submitted to and approved by the District Board pursuant to the District Resolution. “Principal” or “Principal Amount” shall mean, as of any date of calculation, with respect to the Bonds, the principal amount thereof. “Projects” shall mean the capital improvements further described in Section 7 of this Resolution and delineated in the ballot presented to and approved by the voters of the District at the Election. “Project Costs” shall mean all of the expenses of and incidental to the construction, acquisition, equipping or furnishing of the Projects to be funded with the proceeds of the Bonds, which may include Costs of Issuance. “Record Date” shall mean the close of business on the fifteenth calendar day of the month next preceding an Interest Payment Date, whether or not such day is a Business Day. “Regulations” shall mean the regulations of the United States Department of the Treasury proposed or promulgated under Sections 103 and 141 through 150 of the Code which by their terms are effective with respect to the Bonds and similar Treasury Regulations to the extent not inconsistent with Sections 103 and 141 through 150 of the Code, including regulations promulgated under Section 103 of the Code. “S&P” shall mean S&P Global Ratings, its successors and assigns, except that if such corporation shall no longer perform the functions of a securities rating agency for any reason, the term “S&P” shall be deemed to refer to any other nationally recognized securities rating agency selected by the District. “Securities Depositories” shall mean The Depository Trust Company, 55 Water Street, New York, New York 10041, Facsimile transmission: (212) 785-9681, (212) 855-3215, and, in accordance with then-current guidelines of the Securities and Exchange Commission, 4871-9161-1098.5 7 such other addresses and/or such other securities depositories as the District may designate in a certificate delivered to the Paying Agent. “State” shall mean the State of California. “Superintendent” shall mean the Superintendent of the District. “Supplemental Resolution” shall mean any resolution supplemental to or amendatory of this Resolution, adopted by the District in accordance with Section 40 or Section 41 hereof. “Term Bond” shall mean any Bond which, by its terms, has a single maturity but is subject to mandatory sinking fund redemption prior to the date of such maturity. “Treasurer” shall mean the Treasurer-Tax Collector of the County, or any designated deputy thereof. SECTION 2. Rules of Construction. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders, and vice versa. Except where the context otherwise requires, words importing the singular shall include the plural and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies, as well as natural persons. SECTION 3. Authority for this Resolution. The Bonds are authorized to be issued and sold by the County in the name and on behalf of the District pursuant to the California Constitution, the Elections, the Authorizations, the District Resolution, this Resolution and the provisions of the Authorizing Law. SECTION 4. Resolution to Constitute Contract. In consideration of the purchase and acceptance of any and all of the Bonds authorized to be issued hereunder by those who shall own the same from time to time, this Resolution shall be deemed to be and shall constitute a contract among the County, the District and the Owners from time to time of the Bonds; and the pledge made in this Resolution shall be for the equal benefit, protection and security of the Owners of any and all of the Bonds, all of which, regardless of the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof. SECTION 5. Approval of Documents; Determination of Method of Sale and Terms of Bonds. (a) The Authorized Officers of the County, in consultation with Bond Counsel and the Authorized Officers of the District, are, and each of them acting alone is, hereby authorized and directed to issue and deliver the Bonds and to establish the initial aggregate Principal Amount thereof; provided, however, that such initial aggregate principal amount of the Bonds shall not exceed $250,000,000. The Authorized Officers of the County and the Authorized Officers of the District, in consultation with Bond Counsel and the Municipal Advisor, may determine whether the Bonds, or any series or sub-series of Bonds, are issued on a tax-exempt or taxable basis. 4871-9161-1098.5 8 (b) The form of the Contract of Purchase is hereby approved. The Treasurer is authorized and directed to execute and deliver the Contract of Purchase to the Underwriter for and in the name and on behalf of the District, with such additions, changes or corrections therein as the Treasurer may approve in his or her discreti on as being in the best interests of the District, including, without limitation (i) such changes as are necessary to reflect the final terms of the Bonds to the extent such terms differ from those set forth in this Resolution, such approval to be conclusively evidenced by the Treasurer’s execution thereof and (ii) any other documents required to be executed thereunder; provided that the terms of the applicable series of Bonds and the sale thereof shall conform in all respects to the limitations contained in this Resolution and the District Resolution. The Contract of Purchase shall recite the aggregate principal amount of each series and subseries of Bonds, the date or dates thereof, the maturity dates, principal amounts and annual rates of interest of each maturity thereof, the initial and semiannual interest payment dates, and terms related to optional and mandatory sinking fund redemption thereof, if any. The interest rate on the Bonds shall not exceed the maximum allowed under law. All Principal of the Bonds shall be payable within 40 years of the date of issuance of the Bonds. (c) This Board also hereby authorizes the preparation of a paying agent agreement in connection with the Bonds, in such form as shall be determined by an Authorized Officer of the County, such determination to be conclusively evidenced by the execution and delivery of the paying agent agreement by such Authorized Officer of the County. SECTION 6. Authorization of Officers. The Authorized Officers of the County are, and each of them acting alone is, hereby authorized to execute any and all certificates, agreements, and documents and do and perform any and all acts and things, from time to time, consistent with this Resolution and necessary or appropriate to carry the same into effect and to carry out its purposes. SECTION 7. Use of Bond Proceeds. The proceeds of the Bonds shall be used for (a) the financing of the acquisition, construction, furnishing and equipping of facilities for certain of the Projects, which shall be incorporated herein by this reference as though fully set forth in this Resolution; (b) payment of capitalized interest on the Bonds and (c) the payment of the Costs of Issuance of the Bonds. SECTION 8. Designation and Form; Payment. (a) An issue of the Bonds in one or more series entitled to the benefit, protection and security of this Resolution is hereby authorized in an aggregate Principal Amount not to exceed $250,000,000. Such Bonds shall be general obligations of the District, payable as to Principal, premium, if any, and interest from ad valorem property taxes to be levied upon all of the taxable property in the District (except certain property which is taxable at limited rates). The Series B Bonds shall be designated the “West Contra Costa Unified School District General Obligation Bonds, 2020 Election, 2024 Series B,” and the Series C Bonds shall be designated the “West Contra Costa Unified School District General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable),” each with such insertions as shall be appropriate to describe the authorizations and series for said Bonds or as otherwise set forth in the Contract of Purchase, and subject to the related provisions of the Resolution, all as designated by the Authorized Officers of the County, in coordination with the District. The Bonds shall be issued as current interest 4871-9161-1098.5 9 bonds and may be issued as serial bonds or term bonds and shall be subject to redemption as set forth in the Contract of Purchase, subject to the provisions of this Resolution. (b) The form of the Bonds shall be substantially in conformity with the standard form of registered school district bonds, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, with such changes as are necessary to reflect the final terms of the Bonds, or to cure any ambiguity or error therein. (c) Principal of and, premium, if any, and interest on any Bond shall be payable in lawful money of the United States of America. Principal of and premium, if any, shall be payable upon surrender thereof at maturity or earlier redemption at the office designated by the Paying Agent. SECTION 9. Description of the Bonds. (a) The Bonds issued shall be issued in fully registered form, in Authorized Denominations of $5,000 or any integral multiple thereof. The Bonds shall be dated and shall mature on the dates, in the years and in the Principal Amounts, and interest shall be computed at the rates, as set forth in the Contract of Purchase. (b) Interest on each Bond shall accrue from its dated date as set forth in the Contract of Purchase. Interest on the Bonds shall be computed using a year of 360 days comprised of twelve 30-day months and shall be payable on each Interest Payment Date to the Owner thereof shown on the Bond Registrar as of the close of business on the Record Date. Interest on each Bond will be payable from the Interest Payment Date next preceding the date of registration thereof, unless (i) it is registered after the close of business on any Record Date and before the close of business on the immediately following Interest Payment Date, in which event interest thereon shall be payable from such following Interest Payment Date; or (ii) it is registered prior to the close of business on the first Record Date, in which event interest shall be payable from its dated date; provided, however, that if at the time of registration of any Bond, interest thereon is in default, interest thereon shall be payable from the Interest Payment Date to which interest has previously been paid or made available for payment. Payments of interest on the Bonds will be made on each Interest Payment Date by check or draft of the Paying Agent sent by first-class mail, postage prepaid, to the Owner thereof appearing on the Bond Register on the Record Date, or by wire transfer to any Owner of $1,000,000 aggregate Principal Amount or more of such Bonds, to the account specified by such Owner in a written request delivered to the Paying Agent on or prior to the Record Date for such Interest Payment Date; provided, however, that payments of defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date fixed therefor by the Paying Agent which shall not be more than fifteen days and not less than ten days prior to the date of the proposed payment of defaulted interest. SECTION 10. Tax Covenants. In the event the Authorized Officers of the County and the Authorized Officers of the District, determine that the Bonds, or any portion or series of Bonds, should be issued on a tax-exempt basis, in order to maintain the exclusion from gross income for federal income tax purposes of interest on such Bonds, the District has, pursuant to the District Resolution, covenanted to comply with each applicable requirement of Section 103 4871-9161-1098.5 10 and Sections 141 through 150 of the Code. The District has agreed to deliver instructions to the Paying Agent as may be necessary in order to comply with the Nonarbitrage Certificate. SECTION 11. Book-Entry System. (a) The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the series and maturities of the Bonds. Separate Bonds may be issued to represent Bonds maturing in the same years, if any. Upon initial issuance, the ownership of each such global Bond shall be registered in the Bond Register in the name of the Nominee as nominee of the Depository. Except as provided in subsection (c) hereof, all of the Outstanding Bonds shall be registered in the Bond Register in the name of the Nominee and the Bonds may be transferred, in whole but not in part, only to the Depository, to a successor Depository or to another nominee of the Depository or of a successor Depository. Each Bond shall bear a legend describing restrictions on transfer, as may be prescribed by the Depository. With respect to Bonds registered in the Bond Register in the name of the Nominee, the County shall have no responsibility or obligation to any Participant or to any person on behalf of which such a Participant holds a beneficial interest in the Bonds. Without limiting the immediately preceding sentence, the District shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any beneficial ownership interest in the Bonds, (ii) the delivery to any Participant, beneficial owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any Redemption Notice (as defined in Section 28 below), (iii) the selection by the Depository and the Participants of the beneficial interests in the Bonds to be redeemed in part, or (iv) the payment to any Participant, beneficial owner or any other person, other than the Depository, of any amount with respect to Principal of, premium, if any, and interest on the Bonds. The District and the Paying Agent may treat and consider the person in whose name each Bond is registered in the Bond Register as the holder and absolute Owner of such Bond for the purpose of payment of Principal of, premium, if any, and interest on such Bond, for the purpose of giving Redemption Notices and other notices with respect to such Bond, and for all other purposes whatsoever, including, without limitation, registering transfers with respect to the Bonds. The Paying Agent shall pay all Principal of, premium, if any, and interest on the Bonds only to the respective Owners, as shown in the Bond Register, and all such payments shall be valid hereunder with respect to payment of Principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an Owner, as shown in the Bond Register, shall receive a Bond evidencing the obligation to make payments of Pri ncipal of, premium, if any, and interest on the Bonds, pursuant to this Resolution. Upon delivery by the Depository to the Paying Agent and the County of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee, and subject to the provisions hereof with respect to Record Dates, the word “Nominee” in this Resolution shall refer to such new nominee of the Depository. 4871-9161-1098.5 11 (b) In order to qualify the Bonds for the Depository’s book-entry system, the District is hereby authorized to execute and deliver, or shall have executed and delivered, to such Depository a letter from the District representing such matters as shall be necessary to so qualify the Bonds (the “Representation Letter”). The execution and delivery of the Representation Letter shall not in any way limit the provisions of subsection (a) hereof or in any other way impose upon the County any obligation whatsoever with respect to persons having beneficial interests in the Bonds other than the Owners, as shown in the Bond Register. In addition to the execution and delivery of the Representation Letter, the District, the County and the Authorized Officers of each are hereby authorized to take any other actions, not inconsistent with this Resolution, to qualify the Bonds for the Depository’s book-entry program. (c) If at any time, the Depository notifies the County that it is unwilling or unable to continue as Depository with respect to the Bonds or if at any time the Depository shall no longer be registered or in good standing under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation and a successor Depository is not appointed by the District within 90 days after the County receives notice or becomes aware of such condition, as the case may be, subsection (a) hereof shall no longe r be applicable and the County shall cause the issuance of bonds representing the Bonds as provided below. In addition, the County may determine at any time that the Bonds shall no longer be represented by book-entry securities and that the provisions of subsection (a) hereof shall no longer apply to the Bonds. In any such event, the County shall cause the execution and delivery of certificated securities representing the Bonds as provided below. Bonds issued in exchange for global bonds pursuant to this subsection (c) shall be registered in such names and delivered in such denominations as the Depository shall instruct the County. The County shall cause delivery of such certificated securities representing the Bonds to the persons in whose names such Bonds are so registered. If the County determines to replace the Depository with another qualified securities depository, the County shall prepare or cause to be prepared a new fully registered global Bond for each of the maturities of the Bonds, registered in the name of such successor or substitute securities depository or its nominee, or make such other arrangements as are acceptable to the County and such securities depository and not inconsistent with the terms of this Resolution. (d) Notwithstanding any other provision of this Resolution to the contrary, so long as any Bond is registered in the name of the Nominee, all payments of Principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the Representation Letter or as otherwise instructed by the Depository. (e) The initial Depository under this Resolution shall be DTC. The initial Nominee shall be Cede & Co., as nominee of DTC. (f) The County, the District and the Paying Agent shall have no responsibility for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owners of the Bonds, and neither the County, the District nor the Paying Agent shall have any responsibility or obligation, legal or otherwise, to the beneficial owners or to any other party, including the Depository or its Nominee, for any failure of the Depository or its Nominee 4871-9161-1098.5 12 to provide notices, distribute payments on the Bonds nor take other actions concerning the beneficial owners of the Bonds, which are the responsibility of the Depository and its Nominee. SECTION 12. Execution of the Bonds. (a) The Bonds shall be executed by the facsimile or manual signature of the Chairperson of the Board and the facsimile or manual signature of the Treasurer, and countersigned by the the facsimile or manual signature of the Clerk of the Board. All signatures and countersignatures of the Chairperson, Treasurer and Clerk may be signed by facsimile signature, but in such event shall be manually signed by the Paying Agent as authenticating agent. In case any one or more of the Authorized Officers of the County who shall have signed any of the Bonds shall cease to be such officer before the Bonds so signed shall have been issued on behalf of the District, such Bonds may, nevertheless, be issued, as herein provided, as if the Authorized Officers of the County who signed such Bonds had not ceased to hold such offices. Any of the Bonds may be signed on behalf of the County by such persons as at the time of the execution of such Bonds shall be duly authorized to hold or shall hold the proper offices in the County, although at the date borne by the Bonds, such persons may not have been so authorized or have held such offices. (b) The Bonds shall bear thereon a certificate of authentication executed manually by the Paying Agent. Only such Bonds as shall bear thereon such certificate of authentication duly executed by the Paying Agent shall be entit led to any right or benefit under this Resolution and no Bond shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the Paying Agent, which shall be conclusive evidence that the Bond so authorized has been duly authenticated and delivered under this Resolution and that the Owner thereof is entitled to the benefit of this Resolution. SECTION 13. Transfer and Exchange. The registration of any Bond may be transferred upon the Bond Register upon surrender of such Bond to the Paying Agent. Such Bond shall be endorsed or accompanied by delivery of the written instrument of transfer shown in Exhibit A hereto, duly executed by the Owner or his or her duly authorized attorney, and payment of such reasonable transfer fees as the Paying Agent may establish. Upon such registration of transfer, a new Bond or Bonds, of like tenor and maturity in the same Principal Amount and interest rate and in Authorized Denominations will be executed and delivered to the transferee in exchange therefor. The Paying Agent shall deem and treat the person in whose name any Outstanding Bond shall be registered upon the Bond Register as the absolute owner of such Bond, whether the Principal of and premium, if any, or interest on such Bond shall be overdue or not, for the purpose of receiving payment of Principal of and, premium, if any, and interest on such Bond and for all other purposes, and any such payments so made to any such Owner or upon his or her order shall be valid and effective to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and the District or the Paying Agent shall not be affected by any notice to the contrary. Bonds may be exchanged at the office of the Paying Agent for Bonds of like series, tenor, maturity and Principal Amount of other Authorized Denominations. All Bonds 4871-9161-1098.5 13 surrendered in any such exchange shall thereupon be cancelled by the Paying Agent. The Paying Agent may charge the Owner a reasonable sum for each new Bond executed and delivered upon any exchange (except in the case of the first exchange of any Bond in the form in which it is originally delivered, for which no charge shall be imposed) and the Paying Agent may require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. The Paying Agent shall not be required to register the transfer or exchange of any Bond (i) during the period beginning at the close of business on any Record Date through the close of business on the immediately following Interest Payment Date, or (ii) that has been called or is subject to being called for redemption, during a period beginning at the opening of business 15 days before any selection of Bonds to be redeemed through the close of business on the applicable redemption date, except for the unredeemed portion of any Bond to be redeemed only in part. SECTION 14. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become mutilated, the Paying Agent, at the expense of the Owner, shall deliver a new Bond of like date, interest rate, maturity, Principal Amount and tenor as the Bond so mutilated in exchange and substitution for such mutilated Bond, upon surrender and cancellation thereof. All Bonds so surrendered shall be cancelled. If any Bond shall be destroyed, stolen or lost, evidence of such destruction, theft or loss may be submitted to the Paying Agent and if such evidence is satisfactory to the Paying Agent that such Bond has been destroyed, sto len or lost, and upon furnishing the Paying Agent with indemnity satisfactory to the Paying Agent and complying with such other reasonable regulations as the Paying Agent may prescribe and paying such expenses as the Paying Agent may incur, the Paying Agent shall, at the expense of the Owner, execute and deliver a new Bond of like series, date, interest rate, maturity, Principal Amount and tenor in lieu of and in substitution for the Bond so destroyed, stolen or lost. Any new Bonds issued pursuant to this Section in substitution for Bonds alleged to be destroyed, stolen or lost shall constitute original additional contractual obligations on the part of the District, whether or not the Bonds so alleged to be destroyed, stolen or lost are at any time enforceable by anyone, and shall be equally secured by and entitled to equal and proportionate benefits with all other Bonds issued under this Resolution in any moneys or securities held by the Paying Agent for the benefit of the Owners of the Bonds. SECTION 15. Bond Register. The Paying Agent shall keep or cause to be kept at its office sufficient books for the registration, exchange and transfer of the Bonds. Upon presentation for registration of transfer, the Paying Agent shall, as above provided and under such reasonable regulations as it may prescribe subject to the provisions hereof, register or register the transfer of the Bonds, or cause the same to be registered or cause the registration of the same to be transferred, on such books. While the Bonds are held in the book-entry system, and the Bond Register is held by the Depository, the Paying Agent is not required to keep the Bond Register. SECTION 16. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such authorized denominations as may be determined by the County and the District, and may contain such reference to any of the 4871-9161-1098.5 14 provisions of this Resolution as may be appropriate. Every temporary Bond shall be executed by the County and authenticated by the Paying Agent upon the same conditions and in substantially the same manner as the definitive Bonds. If the County issues temporary Bonds, it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the office of the Paying Agent or at such other location as the Paying Agent shall designate, and the Paying Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Resolution as definiti ve Bonds authenticated and delivered hereunder. SECTION 17. Unclaimed Money. All money which the Paying Agent shall have received from any source and set aside for the purpose of paying or redeeming any of the Bonds shall be held in trust for the respective Owners of such Bonds, but subject to the escheat laws of the State, any money which shall be so set aside or deposited by the Paying Agent and which shall remain unclaimed by the Owners of such Bonds for a period of one year after the date on which any payment or redemption price with respect to such Bonds shall have become due and payable shall be transferred to the General Fund of the District; provided, however, that the Paying Agent, before making such payment, shall cause notice to be mailed to the Owners of such Bonds, by first-class mail, postage prepaid, not less than 90 days prior to the date of such payment to the effect that said money has not been claimed and that after a date named therein any unclaimed balance of said money then remaining will be transferred to the General Fund. Thereafter, the Owners of such Bonds shall look only to the General Fund for payment of such Bonds, which payment shall in no event exceed the amount transferred pursuant to this Section. SECTION 18. Application of Proceeds. (a) Upon the sale of the Bonds and at the further written instruction of an Authorized Officer, the Treasurer is hereby directed to deposit the designated net proceeds thereof, exclusive of accrued interest and any original issue premium, into separate funds hereby created and established and to be designated as the “West Contra Costa Unified School District 2020 Election, 2024 Series B Building Fund” and the “West Contra Costa Unified School District 2020 Election, 2024 Series C Building Fund” (each, a “Building Fund”). The District shall, from time to time, disburse or cause to be disbursed amounts from the applicable Building Fund to pay Project Costs for the Projects. Amounts in each Building Fund shall be invested so as to be available for the aforementioned disbursements, provided that the disbursement schedule is provided to the Auditor-Controller prior to investing the proceeds. The District shall keep a written record of disbursements from each Building Fund, as required by State law and the Code. Any amounts that remain in each Building Fund following the completion of the related Projects shall be transferred to the related Debt Service Fund to be used to pay the Principal of, and premium, if any, and interest on the related series of Bonds, subject to any conditions set forth in the Nonarbitrage Certificate. (b) Accrued interest, if any, and except as shall otherwise be directed by the District in accordance with applicable law, any original issue premium received by the District from the sale of the Series B Bonds and the Series C Bonds, shall be kept separate and apart in the separate funds hereby created and established and to be designated as the “West Contra Costa 4871-9161-1098.5 15 Unified School District 2020 Election, 2024 Series B Debt Service Fund” and the “West Contra Costa Unified School District 2020 Election, 2024 Series C Debt Service Fund” (each, a “Debt Service Fund”). Amounts in the Debt Service Funds may be used only for payment of Principal of and interest on the Bonds. Any excess proceeds of either series of Bonds not needed for the authorized purposes set forth herein for which such series of Bonds is being issued, shall be transferred to a Debt Service Fund and applied to the payment of the Principal of and interest on the applicable series of Bonds. The Auditor-Controller is directed to create any accounts and subaccounts in the Debt Service Funds as provided in the Nonarbitrage Certificate. (c) All Pledged Moneys (defined below) shall be deposited upon collection by the County into the Debt Service Fund and used for the payment of the Principal of, premium, if any, and interest on the Bonds sold under the Authorization. (d) On or before the Business Day immediately preceding each Interest Payment Date, the District shall transfer or cause to be transferred from a Debt Service Fund to the Paying Agent, an amount, in immediately available funds, sufficient to pay all the Principal of, premium, if any, and interest on the Bonds coming due (collectively, the “Debt Service”) on such Interest Payment Date. Debt Service on the Bonds shall be paid by the Paying Agent in the manner provided by law for the payment of Debt Service. (e) The District shall cause moneys to be transferred to the Excess Earnings Fund, to the extent needed to comply with the Nonarbitrage Certificate. Any amounts on deposit in the Debt Service Funds when there are no longer any Bonds Outstanding shall be transferred to the General Fund of the District subject to any conditions set forth in the Nonarbitrage Certificate. (f) Certain proceeds of the Bonds may be applied to pay Costs of Issuance as provided in Section 21 below. (g) Except as required to satisfy the requirements of Section 148(f) of the Code or to comply with the provisions of any Nonarbitrage Certificate, interest earned on the investment of monies held in the Debt Service Funds shall be retained in the respective Debt Service Fund and used to pay the Principal of and interest on the Bonds when due. SECTION 19. Payment of and Security for the Bonds. There shall be levied on all the taxable property in the District, in addition to all other taxes, a continuing direct ad valorem property tax annually during the period the Bonds are Outstanding in an amount sufficient, together with moneys on deposit in the Debt Service Funds and available for such purpose, to pay the Principal of and interest on the Bonds when due, which monies when collected will be placed in the Debt Service Funds of the District. Pursuant to Government Code Sections 5450 and 5451 and the District Resolution and Paying Agent Agreement, the District has irrevocably pledged for the payment of the Principal of and interest on the Bonds, when and as the same shall become due, all revenues received from the levy and collection of ad valorem property taxes for the payment of the Bonds and all amounts on deposit in the Debt Service Fund (the “Pledged Moneys”). When collected by the County, Pledged Moneys will be placed in the applicable Debt Service Fund. The property taxes and amounts collected shall be immediately subject to this pledge, and the pledge shall constitute a lien and security interest which shall 4871-9161-1098.5 16 immediately attach to the property taxes and amounts held in the Debt Service Funds when collected, to secure the payment of the Bonds, and shall be effective, binding and enforceable against the District, its successors, creditors and all others, irrespective of whether those parties have notice of the pledge and without the need for any physical delivery, recordation, filing or further act. The Bonds are obligations of the District payable solely from the levy of ad valorem property taxes upon all property within the District subject to taxation (except certain property which is taxable at limited rates). The tax levy may include an allowance for a reasonably required reserve in accordance with the Nonarbitrage Certificate, established for the purpose of ensuring that the tax or assessment actually collected is sufficient to pay the annual debt service requirements on the Bonds due in such year. The County shall take all actions necessary to levy such ad valorem tax in accordance with this Section and Section 15140 of the Education Code and Section 53508.7 of the Government Code. Except as required below to satisfy the requirements of Section 148(f) of the Code, interest earned on the investment of monies held in each Debt Service Fund shall be retained in such Debt Service Fund and used to pay Principal of and premium, if any, and interest on the applicable series of Bonds when due. This pledge is an agreement between the District and the Owners to provide security for the Bonds in addition to any statutory lien that may exist, and the Bonds and each of the other bonds secured by the pledge are or were issued to finance one or more of the projects specified in the Measure approved at the Election. SECTION 20. Establishment and Application of Excess Earnings Fund. There is hereby established in trust a special fund designated “West Contra Costa Unified School District General Obligation Bonds, 2024 Excess Earnings Fund” (the “Excess Earnings Fund”) which shall be held by the Treasurer for the account of the District and which shall be kept separate and apart from all other funds and accounts held hereunder. The District shall have the obligation to manage the Excess Earnings Fund in accordance with the provisions of the Nonarbitrage Certificate. Amounts on deposit in the Excess Earnings Fund shall only be applied to payments made to the United States or otherwise transferred to other accounts or funds established hereunder in accordance with the Nonarbitrage Certificate. SECTION 21. Payment of Costs of Issuance. Proceeds of the sale of the Bonds in an amount not to exceed 2% of the principal amount of the Bonds and necessary to pay certain costs of issuing the Bonds may be deposited in the fund of the District known as the “West Contra Costa Unified School District General Obligation Bonds, 2024 Costs of Issuance Fund” (the “Costs of Issuance Fund”) which may be comprised of separate accounts and shall be kept separate and distinct from all other District funds, and those proceeds shall be used solely for the purpose of paying Costs of Issuance of the Bonds. The Cost of Issuance Fund may be held and administered by the Paying Agent. Notwithstanding the foregoing, all or a portion of the Costs of Issuance may be paid by the Underwriter, by the Paying Agent or by a fiscal agent designated for such purpose from proceeds of the Bonds, provided that Costs of Issuance may not be paid from original issue premium on the Bonds. Any amounts remaining in the Costs of Issuance Fund following the earlier of the day which is 180 days following the Date of Delivery or the date on which the final invoice for Costs of Issuance is paid, as directed by the District, shall be transferred to each Building Fund on a pro rata basis and used for costs of the Projects. 4871-9161-1098.5 17 SECTION 22. Negotiated Sale/Method of Sale. Pursuant to the District Resolution, the District has requested that the Bonds shall be sold by negotiated sale to the Underwriter inasmuch as the District has determined that: (i) such a sale will allow the District to integrate and coordinate the sale of the Bonds with other public financings undertaken, or to be undertaken, by the District in order to fund its public education facilities; (ii) such a sale will allow the District to utilize the services of consultants who are familiar with the financial needs, status and plans of the District; (iii) such a sale will allow the District to control the timing of the sale of the Bonds to the municipal bond market and, potentially, take advantage of interest rate opportunities for favorable sale of the Bonds to such market and to the taxpayers of the District; (iv) such a sale will provide an increased ability to structure the Bonds to fit the needs of particular purchasers; and (v) such a sale will enhance the opportunity for the Underwriter to pre-market the Bonds to potential purchasers, including local residents, prior to the sale of the Bonds. SECTION 23. Engagement of Consultants; Parameters of Sale. Pursuant to the District Resolution, Nixon Peabody LLP has been selected as the District’s Bond Counsel and Disclosure Counsel, J.P. Morgan Securities LLC has been selected as Underwriter, and KNN Public Finance, LLC has been selected as Municipal Advisor with respect to the authorization, sale and issuance of the Bonds. The estimated Costs of Issuance associated with the sale of the Bonds are approximately $366,038.42, which include those fees and expenses described in the definition thereof and provided for under the Authorizing Law. In addition, the Underwriter’s discount, which is not included in the percentage above, shall not be greater than 2.00% of the par amount thereof. An estimate of the itemized fees and expenses is on file with the Superintendent. If an Authorized Officer of the District determines it to be in the best interest of the District, based on market conditions at the time of sale of the Bonds, bond insurance or other credit enhancement shall be obtained with respect to the Bonds or any series or portion thereof. If bond insurance or other credit enhancement with respect to the Bonds is obtained, such Authorized Officer and an Authorized Officer of the County are hereby authorized to make such changes to the documents approved by this Resolution as such officers and agents may approve as being in the best interest of the District, such action to be conclusively evidenced by the execution and delivery thereof. SECTION 24. Establishment of Additional Funds and Accounts. If at any time it is deemed necessary or desirable by the District, the Treasurer, the Auditor-Controller, the County Office of Education, or the Paying Agent, the District may request the County to establish additional funds under this Resolution and/or accounts within any of the funds or accounts established hereunder. SECTION 25. Request for Necessary County Actions. The Auditor-Controller, the Treasurer, and other officials of the County, are hereby directed to take and authorize such actions as may be necessary pursuant to law to provide for the levy and collection of a property tax on all taxable property of the District sufficient to provide for payment of all Principal of, redemption premium, if any, and interest on the Bonds as the same shall become due and payable as necessary for the payment of the Bonds, and the Clerk of the Board is hereby authorized and directed to deliver certified copies of this Resolution to the Clerk of the District Board. The District has, pursuant to the District Resolution, agreed to reimburse the County for any costs 4871-9161-1098.5 18 associated with the levy and collection of said tax, upon such documentation of said costs as the County shall reasonably request. SECTION 26. Redemption. The Bonds shall be subject to redemption as provided in the Contract of Purchase. SECTION 27. Selection of Bonds for Redemption. (a) Whenever provision is made in this Resolution or in the Contract of Purchase for the redemption of the Bonds and less than all Outstanding Bonds are to be redeemed, the Paying Agent, upon written instruction from the District given at least 45 days prior to the payment date designated for such redemption, shall select maturities of Bonds for redemption in the manner directed by the District. (b) With respect to any series of Bonds, the Paying Agent shall select such Bonds for redemption as directed by the District, or, in the absence of such direction, in inverse order of maturity and within a maturity within such series, by lot. Within a maturity, the Paying Agent will select Bonds for redemption by lot. Redemption by lot shall be in such manner as the Paying Agent shall determine; provided, however, that the portion of any Bond to be redeemed in part shall be in the Principal Amount of $5,000 or any integral multiple thereof. (c) In the event that a Term Bond is optionally redeemed, the Principal amount of each remaining sinking fund payment with respect to such Term Bond will be reduced as directed by the District in the aggregate amount equal to the amount so redeemed. SECTION 28. Notice of Redemption. When redemption is authorized or required pursuant to this Resolution or the Contract of Purchase, the Paying Agent, upon written instruction from the District given at least 45 days prior to the payment date designated for such redemption, shall give notice (each, a “Redemption Notice”) of the redemption of the Bonds. Such Redemption Notice shall specify: (a) the Bonds or designated portions thereof (in the case of redemption of the Bonds in part but not in whole) which are to be redeemed, (b) the date of redemption, (c) the place or places where the redemption will be made, including the name and address of the Paying Agent, (d) the redemption price, (e) the CUSIP numbers (if any) assigned to the Bonds to be redeemed, (f) the Bond numbers of the Bonds to be redeemed in whole or in part and, in the case of any Bond to be redeemed in part only, the Principal Amount of such Bond to be redeemed, and (g) the original issue date, interest rate and stated maturity date of each Bond to be redeemed in whole or in part. Such Redemption Notice shall further state (a) that on the specified date there shall become due and payable upon each Bond or portion thereof being redeemed the redemption price, together with the interest accrued to the redemption date, and (b) that from and after such date interest with respect thereto shall cease to accrue and be payable. The Paying Agent shall take the following actions with respect to such Redemption Notice: (a) At least 20 but not more than 45 days prior to the redemption date, such Redemption Notice shall be given to the respective Owners of Bonds designated for redemption 4871-9161-1098.5 19 by first class mail, postage prepaid, at their addresses appearing on the Bond Register, and to the MSRB. (b) In the event that the Bonds shall no longer be held in book-entry-only form, at least 35 but not more than 45 days before the redemption date, such Redemption Notice shall be given (x) by (i) first-class mail, postage prepaid, (ii) telephonically confirmed facsimile transmission, or (iii) overnight delivery service, to each of the Securities Depositories, and (y) (i) first-class mail, postage prepaid, or (ii) overnight delivery service, to the MSRB. Neither failure to receive any Redemption Notice nor any defect in any such Redemption Notice so given shall affect the sufficiency of the proceedings for the redemption of the affected Bonds. Each check issued or other transfer of funds made by the Paying Agent for the purpose of redeeming Bonds shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. SECTION 29. Partial Redemption of Bonds. Upon the surrender of any Bond redeemed in part only, the Paying Agent shall execute and deliver to the Owner thereof a new Bond or Bonds of like tenor and maturity and of authorized denominations equal in Principal Amounts to the unredeemed portion of the Bond surrendered. Such partial redemption shall be valid upon payment of the amount required to be paid to such Owner, and the District shall be released and discharged thereupon from all liability to the extent of such payment. SECTION 30. Conditional Notice of Redemption. Any Redemption Notice given hereunder may be made conditional upon the satisfaction of certain conditions and/or the receipt of sufficient moneys to pay the redemption price of the designated Bonds and may be rescinded by the District at any time prior to the scheduled date of redemption by so notifying the Paying Agent, who shall notify the Owners of affected Bonds and the MSRB in the event such conditions are not met or are not expected to be met and/or such funds are not received or are not expected to be received, in the same manner in which the Redemption Notice was originally given. In the event that such Redemption Notice contains such a condition and such moneys are not so received and/or such conditions are not met, the redemption shall not be made and the Paying Agent shall, within a reasonable time thereafter give notice, to the persons to whom and in the manner in which the Redemption Notice was given, that such moneys were not so received and/or such condition was not met. SECTION 31. Effect of Notice of Redemption. Notice having been given as aforesaid, and the moneys for the redemption (including the interest to the applicable date of redemption) having been set aside in the respective Debt Service Fund or deposited with a duly appointed escrow agent, in trust, the Bonds to be redeemed shall become due and payable on such date of redemption. If on such redemption date, money for the redemption of all the Bonds to be redeemed as provided in this Resolution and the Contract of Purchase, together with interest to such redemption date, shall be held by the Paying Agent or deposited with a duly appointed escrow agent, in trust, so as to be available therefor on such redemption date, and any conditions to such redemption described in the Redemption Notice shall be met and if notice of redemption thereof shall have been given as aforesaid, then from and after such redemption date, interest on 4871-9161-1098.5 20 the Bonds to be redeemed shall cease to accrue and become payable. All money held by or on behalf of the Paying Agent for the redemption of Bonds shall be held in trust for the account of the Owners of the Bonds so to be redeemed. All Bonds paid at maturity or redeemed prior to maturity pursuant to the provisions of this Resolution and the Contract of Purchase shall be cancelled upon surrender thereof and delivered to or upon the order of the District. All or any portion of a Bond purchased by the District shall be cancelled by the Paying Agent upon written notice by the District given to the Paying Agent. SECTION 32. Paying Agent; Appointment and Acceptance of Duties. (a) U.S. Bank Trust Company, National Association, is hereby appointed as the initial authenticating agent, bond registrar, transfer agent and paying agent (collectively, the “Paying Agent”) for the Bonds. All fees and expenses incurred for services of the Paying Agent, including its third-party agents, shall be the sole responsibility of the District and may be paid from the annual ad valorem property tax levy supporting the Bonds. The Paying Agent shall keep accurate records of all funds administered by it and all of the Bonds paid and discharged by it. (b) Unless otherwise provided, the office of the Paying Agent designated by the Paying Agent shall be the place for the payment of Principal of, premium, if any, and interest on the Bonds. SECTION 33. Liability of Paying Agent. The Paying Agent makes no representations as to the validity or sufficiency of this Resolution or of any Bonds issued hereunder or as to the security afforded by this Resolution, and the Paying Agent shall incur no liability in respect hereof or thereof. SECTION 34. Evidence on Which Paying Agent May Act. The Paying Agent, upon receipt of any notice, resolution, request, consent, order, certificate, report, opinion, bond, or other paper or document furnished to it pursuant to any provision of this Resolution, shall examine such instrument to determine whether it conforms to the requirements of this Resolution and shall be protected in acting upon any such instrument believed by it to be genuine and to have been signed or presented by the proper party or parties. The Paying Agent may consult with counsel, who may or may not be counsel to the District, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it under this Resolution in good faith and in accordance therewith. SECTION 35. Compensation. The District shall pay to the Paying Agent from time to time reasonable compensation for all services rendered under this Resolution, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of its attorneys, agents, and employees, incurred in and about the performance of their powers and duties under this Resolution, all of which may, pursuant to Education Code Section 15232, be paid from the County’s annual levy of ad valorem property taxes. SECTION 36. Ownership of Bonds Permitted. The Paying Agent or the Underwriter may become the Owner of any Bonds. 4871-9161-1098.5 21 SECTION 37. Resignation or Removal of Paying Agent and Appointment of Successor. (a) The initially appointed Paying Agent, or any successor Paying Agent, may resign from service as Paying Agent at any time. Prior to such resignation , a new Paying Agent shall be appointed by the District in accordance with applicable law, which shall be the Treasurer or a bank or trust company doing business in and having a corporate trust office in Los Angeles or San Francisco, California, with at least $100,000,000 in net assets. Such successor Paying Agent shall signify the acceptance of its duties and obligations hereunder by executing and delivering to the District a written acceptance thereof. Resignation of the initial or a successor Paying Agent shall be effective upon appointment and acceptance of a successor Paying Agent. (b) Any Paying Agent appointed may resign from service as Paying Agent and may be removed at any time by the District as provided in the Paying Agent’s service agreement. If at any time the Paying Agent shall resign or be removed, a new Paying Agent shall be appointed in accordance with applicable law, which shall be either the Treasurer or a bank or trust company doing business in and having a corporate trust office in Los Angeles or San Francisco, California, with at least $100,000,000 in net assets. The Paying Agent shall keep accurate records of all funds administered by it and of all Bonds paid and discharged by it. Such records will be provided, upon reasonable request, to the County and the District in a format mutually agreeable to the Paying Agent, the District and the County. Such successor Paying Agent shall signify the acceptance of its duties and obligations hereunder by executing and delivering to the District a written acceptance thereof. Resignation or removal of the Paying Agent shall be effective upon appointment and acceptance of a successor Paying Agent. (c) In the event of the resignation or removal of the Paying Agent, such Paying Agent shall pay over, assign and deliver any moneys held by it as Paying Agent to its successor. The District shall promptly provide notice of the name and principal corporate trust office address of the Paying Agent appointed to replace any resigned or removed Paying Agent to the Owners of the Bonds by first-class mail, postage prepaid, at their addresses appearing on the Bond Register. SECTION 38. Investment of Certain Funds. Moneys held in all funds and accounts established hereunder shall be invested and reinvested in Authorized Investments in accordance with the Treasurer’s Investment Policy to the fullest extent practicable as shall be necessary to provide moneys when needed for payments to be made from such funds and accounts, subject to any conditions in the Nonarbitrage Certificate. Nothing in this Resolution shall prevent any investment securities acquired as investments of funds held hereunder from being issued or held in book entry form on the books of the Department of Treasury of the United States. All investment earnings on amounts on deposit in each Debt Service Fund shall remain on deposit in such fund. SECTION 39. Valuation and Sale of Investments. Obligations purchased as an investment of moneys in any fund or account shall be deemed at all times to be a part of such fund or account. Profits or losses attributable to any fund or account shall be credited or charged to such fund or account. In computing the amount in any fund or account created under the provisions of this Resolution for any purpose provided in this Resolution, obligations purchased 4871-9161-1098.5 22 as an investment of moneys therein shall be valued at cost, plus, where applicable, accrued interest. SECTION 40. Supplemental Resolutions with Consent of Owners. This Resolution, and the rights and obligations of the County, the District and of the Owners of the Bonds issued hereunder, may be modified or amended at any time by a Supplemental Resolution adopted by the Board at the request of the District with the written consent of the Owners owning at least 60% in aggregate Principal Amount of the Outstanding Bonds, exclusive of Bonds, if any, owned by the District. Notwithstanding the foregoing, no such modification or amendment shall, without the express consent of the Owner of each Bond affected, reduce the Principal Amount of any Bond, reduce the interest rate payable thereon, advance the earliest redemption date thereof, extend its maturity or the times for paying interest thereon or change the monetary medium in which Principal and interest is payable, nor shall any modification or amendment reduce the percentage of consents required for amendment or modification. No such Supplemental Resolution shall change or modify any of the rights or obligations of any Paying Agent without its written assent thereto. Notwithstanding anything herein to the contrary, no such consent shall be required if the Owners are not directly and adversely affected by such amendment or modification. SECTION 41. Supplemental Resolutions Effective Without Consent of Owners. For any one or more of the following purposes and at any time or from time to time, a Supplem ental Resolution of the County may be adopted, which, without the requirement of consent of the Owners, shall be fully effective in accordance with its terms: (a) To add to the covenants and agreements to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect; (b) To add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect; (c) To confirm as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by this Resolution, of any moneys, securities or funds, or to establish any additional funds, or accounts to be held under this Resolution; (d) To cure any ambiguity, supply any omission, or cure to correct any defect or inconsistent provision in this Resolution; or (e) To amend or supplement this Resolution in any other respect, provided such Supplemental Resolution does not, in the opinion of Bond Counsel, adversely affect the interests of the Owners. SECTION 42. Effect of Supplemental Resolution. Any act done pursuant to a modification or amendment so consented to shall be binding upon the Owners of all the Bonds and shall not be deemed an infringement of any of the provisions of this Resolution, whatever the character of such act may be, and ma y be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent relating to such specified matters has been given, no Owner shall have any right or interest to object to such action or in 4871-9161-1098.5 23 any manner to question the propriety thereof or to enjoin or restrain the District or any officer or agent thereof from taking any action pursuant thereto. SECTION 43. Discharge and Defeasance. If any or all Outstanding Bonds shall be paid and discharged in any one or more of the following ways: (a) by paying or causing to be paid the Principal, premium, if any, and interest on such Bonds, and when the same become due and payable; (b) by depositing with the Paying Agent or with a duly appointed escrow agent, in trust, at or before maturity, cash which, together with the amounts then on deposit in the escrow fund and amounts transferred from or on deposit in the Debt Service Funds (and the accounts therein other than amounts that are not available to pay Debt Service), together with the interest to accrue thereon without the need for further investment, is fully sufficient to pay such Bonds at maturity or earlier redemption thereof, including any principal, premium, if any, and all interest thereon, notwithstanding that any Bonds shall not have been surrendered for payment; or (c) by depositing with an institution that meets the requirements of serving as successor Paying Agent pursuant to Section 37, selected by the District, in trust, lawful money or noncallable direct obligations issued by the United States Treasury (including State and Local Government Series) or obligations which are unconditionally guaranteed by the United States of America and permitted under Section 149(b) of the Code and Regulations which, in the opinion of Bond Counsel, will not impair the exclusion from gross income for federal income tax purposes of interest on the Bonds, in such amount as will, together with the interest to accrue thereon without the need for further investment, be fully sufficient, as fully verified by the report of an independent certified public accountant, to pay and discharge such Bonds at maturity or earlier redemption thereof, for which notice has been given or provided for, including any premium and all interest thereon, notwithstanding that any Bonds shall not have been surrendered for payment; then all obligations of the County, the District and the Paying Agent under this Resolution with respect to such Bonds shall cease and terminate, except only the obligation of the Paying Agent to pay or cause to be paid to the Owners of such Bonds all sums due thereon, and the obligation of the District to pay to the Paying Agent amounts owing to the Paying Agent under Section 3 5 hereof. SECTION 44. Approval of Actions; Miscellaneous. (a) The Authorized Officers of the County are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates, statements, disclosures, notices, contracts, agreements, and other documents which they may deem necessary or advisable in order to proceed with the sale and issuance of the Bonds or otherwise carry out, give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers, officials and staff are hereby rati fied, confirmed and approved. (b) The County, the Board, and their officers, agents, and employees shall not be responsible for any proceedings or the preparation or contents of any resolutions, certificates, 4871-9161-1098.5 24 statements, disclosures, notices, contracts, or other documents relating to the sale and issuance of the Bonds. (c) The Principal Amount of and redemption premium, if any, and interest on the Bonds shall not constitute debt or an obligation of the County, the Board or the officers, agents, or employees, and the County, the Board, and the officers, agents, and employees thereof shall not be liable thereon. In no event shall the Principal of, redemption premium, if any, or interest on any Bond be payable out of any funds or property of the County. (d) The District has agreed, pursuant to the District Resolution, to indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the issuance and sale of the Bonds, or related to the proceedings for sale, award, issuance and delivery of the Bonds in accordance therewith and herewith. The District has also agreed, pursuant to the District Resolution, to reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. (e) Neither the Board of Supervisors nor any officer of the County has prepared or reviewed the Official Statement, and the Board of Supervisors and the various officers of the County take no responsibility for the contents or distribution thereof. (f) Notwithstanding anything to the contrary contained herein in the Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the Bonds shall be payable solely from the moneys of the District available therefore as set forth in this Resolution. SECTION 45. Conflicts. If there is any inconsistency or conflict between any provision of this Resolution and any provision of the Contract of Purchase, the Contract of Purchase prevails to the extent of the inconsistency or conflict. If there is any inconsistency or conflict between any provision of this Resolution and any provision of the Nonarbitrage Certificate, the Nonarbitrage Certificate prevails to the extent of the inconsistency or conflict. SECTION 46. Clerk’s Certificate. The Clerk of the Board is hereby directed to provide certified copies of this Resolution to the Treasurer, the County Auditor-Controller and to Bond Counsel immediately following its adoption at the following address: Nixon Peabody LLP One Embarcadero Center, 32nd Floor San Francisco, CA 94111 Attn: Graham Beck SECTION 47. Effective Date. This Resolution shall take effect immediately upon its passage. 4871-9161-1098.5 25 The foregoing Resolution was on the ____ day of ___________, 2024, adopted by the Board of Supervisors of the County of Contra Costa. COUNTY OF CONTRA COSTA: By: Board Chair ATTEST: Jami Napier, Chief Assistant Clerk of the Board of Supervisors of the County of Contra Costa By: 4871-9161-1098.5 A-1 EXHIBIT A FORM OF BOND UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY (AS DEFINED IN THE RESOLUTION) TO THE BOND REGISTRAR FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY BOND ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. STATE OF CALIFORNIA COUNTY OF CONTRA COSTA REGISTERED REGISTERED No. ____ WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (COUNTY OF CONTRA COSTA, CALIFORNIA) GENERAL OBLIGATION BONDS 2020 ELECTION, 2024 SERIES [B][C] Interest Rate: Maturity Date: Dated Date: CUSIP: ___% August 1, 20__ Date of Delivery REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The West Contra Costa Unified School District (the “District”), a unified school district duly organized and existing under the laws of the State of California, located within the County of Contra Costa (the “County”), State of California (the “State”), for value received, hereby acknowledges itself indebted and promises to pay to the Registered Owner named above, or registered assigns, the Principal Amount set forth above, on the Maturity Date set forth above, together with interest thereon from the Dated Date set forth above until the Principal Amount hereof shall have been paid or provided for, in accordance with the Resolution hereinafter referred to, at the Interest Rate set forth above. Interest on this Bond is payable on [February 1, 2025], and semiannually thereafter on the first day of February and August (each, an “Interest Payment Date”) in each year to the registered owner hereof (the “Owner”) from the Interest Payment Date preceding the date on which this Bond is registered (unless it is registered after the close of business on the fifteenth calendar day of the month preceding any Interest Payment Date (a “Record Date”) and before the close of business on the immediately following Interest Payment Date, in which event it shall bear interest from such following Interest Payment Date, or unless this Bond is registered prior to the close of business on January 15, 2024, in which event it shall bear interest from its date; provided, however, that if at the time of registration of 4871-9161-1098.5 A-2 this Bond, interest hereon is in default, interest hereon shall be payable from the Interest Payment Date to which interest has previously been paid or made available for payment. The Principal Amount hereof is payable at the office of the U.S. Bank Trust Company, National Association, as initial paying agent (the “Paying Agent”), in San Francisco, California. The interest hereon is payable by check or draft mailed by first-class mail to each Owner, at his or her address as it appears on the registration books kept by the Paying Agent as of the Record Date , or by wire transfer to any Owner of $1,000,000 aggregate principal amount of such Bonds, to the account specified by such Owner in a written request delivered to the Paying Agent on or prior to the Record Date for such Interest Payment Date; provided, however, that payments of defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date fixed therefor by the Paying Agent which shall not be more than fifteen days and not less than ten days prior to the date of the proposed payment of defaulted interest The Bonds of this issue are comprised of $__________ principal amount of Bonds. This Bond is issued by the County on behalf of the District under and in accordance with the provisions of collectively, (i) Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State; (ii) applicable provisions of the Education Code of the State; and (iii) Article XIIIA of the California Constitution, and pursuant to the Resolution of the Board of Education of the District approved on September 11, 2024 (the “District Resolution”) and a resolution of the Board of Supervisors of the County adopted on ____________, 2024 (the “County Resolution”). Reference is hereby made to the County Resolution, a copy of which is on file at the District, for a description of the terms on which the Bonds are delivered, and the rights thereunder of the Owners of the Bonds and the rights and duties of the Paying Agent and the District, to all of the provisions of which the Owner of this Bond, by acceptance hereof, assents and agrees. All capitalized terms used but not otherwise defined herein shall have the respective meanings set forth in the County Resolution. The Bonds were authorized at an election conducted on March 3, 2020, by a vote of more than 55% of the qualified electors of the District voting on the proposition at a general election held therein to determine whether such Bonds should be issued. Reference is made to the Resolution for a more complete description of the provisions, among others, with respect to the nature and extent of the security for the Bonds of this series, the rights, duties and obligations of the District, the County, the Paying Agent and the Owners, and the terms and conditions upon which the Bonds are issued and secured. The Owner of this Bond assents, by acceptance hereof, to all of the provisions of the Resolution. This Bond is a general obligation of the District, payable as to both principal and interest from ad valorem taxes which, under the laws now in force, may be levied without limitation as to rate or amount upon all of the taxable property in the District. Neither the payment of the principal of this Bond, or any part thereof, nor any interest or premium hereon constitute a debt, liability or obligation of the County. [The Bonds maturing on or before August 1, 20__, are not subject to redemption prior to their maturity dates. The Bonds maturing on or after August 1, 20__, may be redeemed before maturity at the option of the District, from any source of funds on August 1, 20__, or on any date thereafter as a whole or in part, at a redemption price equal to the principal amount of the Bonds 4871-9161-1098.5 A-3 called for redemption, together with interest accrued thereon to the date of redemption, without premium. For the purposes of such selection, Bonds will be deemed to consist of $5,000 portions by principal amount, and any such portion may be separately redeemed.] [The Bonds maturing on August 1, 20__, are subject to mandatory sinking fund redemption on August 1 of each year, commencing August 1, 20__, in the following principal amounts, at a redemption price of par, plus accrued interest to the redemption date:] Mandatory Sinking Fund Payment Date (August 1) Mandatory Sinking Fund Payment 20__ $ 20__ 20__ 20__ Whenever provision is made for the redemption of Bonds and less than all the outstanding Bonds are to be redeemed, the Paying Agent, upon written direction from the District, shall select the Bonds to be redeemed in such order as the District may select. Within a maturity, the Paying Agent shall select the Bonds, as directed by the District, or in the absence of such direction by lot. Redemption by lot shall be in such manner as the Paying Agent sh all determine; provided, however, that the portion of any Bond to be redeemed in part shall be redeemed in the principal amount of $5,000 or any integral multiple thereof. This Bond is issued in fully registered form. Registration of this Bond is transferable by the Owner hereof, in person or by his attorney duly authorized in writing, at the aforesaid offices of the Paying Agent, but only in the manner, subject to the limitations, and upon payment of the charges, provided in the Resolution and upon surrender and cancellation of this Bond. Upon such registration of transfer, a new Bond or Bonds of like tenor and maturity in the same Principal Amount and in authorized denominations will be issued to the transferee in exchange herefor. The District and the Paying Agent may treat the Owner hereof as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue, and shall not be affected by any notice to the contrary. The Paying Agent shall not be required to register the transfer or exchange of any Bond (i) during the period beginning at the close of business on any Record Date through the close of business on the immediately following Interest Payment Date, or (ii) that has been called or is subject to being called for redemption, during a period beginning at the opening of business 15 days before any selection of Bonds to be redeemed through the close of business on the applicable redemption date, except for the unredeemed portion of any Bond to be redeemed only in part. The rights and obligations of the District and of the owners of the Bonds may be modified or amended at any time by a supplemental resolution adopted by the District with the written consent of owners of at least 60% in aggregate Principal Amount of the Outstanding Bonds, exclusive of Bonds, if any, owned by the District; provided, however, that no such 4871-9161-1098.5 A-4 modification or amendment shall, without the express consent of the Owner of each Bond affected, reduce the Principal Amount of any Bond, reduce the interest rate payable t hereon, advance the earliest redemption date thereof, extend its maturity or the times for paying interest thereon or change the monetary medium in which the principal and interest is payable, nor shall any modification or amendment reduce the percentage of consents required for amendment or modification hereof. A supplemental resolution of the District may be adopted, which, without the requirement of consent of the registered owners, shall be fully effective in accordance with its terms: (1) to add to the covenants and agreements of the District in the Resolution, other covenants and agreements to be observed by the District which are not contrary to or inconsistent with the Resolution as theretofore in effect; (2) to add to the limitations and restrictions in the Resolution, other limitations and restrictions to be observed by the District which are not contrary to or inconsistent with the Resolution as theretofore in effect; (3) to confirm as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by the Resolution, of any moneys, securities or funds, or to establish any additional funds or accounts to be held under the Resolution; (4) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in the Resolution; or (5) to amend or supplement the Resolution in any other respect, provided such supplemental resolution does not, in the opinion of nationally recognized bond counsel, adversely affect the interests of the owners. The County Resolution contains provisions permitting the District to make provision for the payment of the Principal Amount of and premium, if any, and interest on any of the Bonds so that the Bonds shall no longer be deemed to be outstanding under the terms of the County Resolution. If this Bond is called for redemption and the Principal Amount of this Bond, plus premium, if any, and accrued interest due hereon are duly provided therefor as specified in the County Resolution, then interest shall cease to accrue hereon from and after the date fixed for redemption. This Bond shall not become valid or obligatory for any purpose until the Certificate of Authentication hereon endorsed shall have been dated and executed manually by the Paying Agent. IT IS HEREBY CERTIFIED, RECITED AND DECLARED, that an election was duly and legally called, held and conducted, and the notices thereof duly given, and the results thereof canvassed and declared in accordance with the provisions of the Authorizing Law and that all of the proceedings of the Board of Supervisors of the County in the matter of the issuance of this Bond were regular and in strict accordance with the provisions of the Authorizing Law, including the Constitution of the State of California, that the total bonded indebtedness of the District, including the issue of which this Bond is a part, does not exceed any limit prescribed by said Act, and that due provision has been made for levying and collecting ad valorem property taxes on all of the taxable property within the District (except for certain property which is taxable at limited rates) in an amount sufficient to pay Principal and interest when due. 4871-9161-1098.5 A-5 [Reminder of this page is blank.] 4871-9161-1098.5 A-6 IN WITNESS WHEREOF, the County of Contra Costa, California, has caused this Bond to be executed on behalf of the West Contra Costa Unified School District, in their official capacities by the manual or facsimile signatures of the Chairperson of the Contra Costa County Board of Supervisors, and the manual or facsimile signature of the Contra Costa County Treasurer-Tax Collector, and countersigned by the manual or facsimile signature of the Clerk of the Contra Costa County Board of Supervisors, as of the date stated above. [SEAL] CONTRA COSTA COUNTY, CALIFORNIA -EXHIBIT- By: Chair, Board of Supervisors -EXHIBIT- By: Treasurer-Tax Collector COUNTERSIGNED: -EXHIBIT- By: Clerk of the Board of Supervisors 4871-9161-1098.5 A-7 The following Certificate of Authentication shall be printed on each Bond: CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within-mentioned Resolution of the Board of Supervisors of the County of Contra Costa. DATED: __________, 2024 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Paying Agent -EXHIBIT- By: Authorized Officer 4871-9161-1098.5 A-8 [STATEMENT OF INSURANCE] 4871-9161-1098.5 A-9 FORM OF ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner hereby sells, assigns and transfers unto Name of Transferee: Address for Payment of Interest: Social Security Number or other Tax Identification No.: the within-mentioned Bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the books of the Paying Agent with full power of substitution in the premises. Registered Owner Dated: NOTICE: The signature on this Assignment must correspond with the name as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. -EXHIBIT- Signature guaranteed [Bank, Trust Company or Firm] -EXHIBIT- By: Authorized Officer NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. 4871-9161-1098.5 B-1 EXHIBIT B FORM OF CONTRACT OF PURCHASE HDW – 9/27/24 Draft WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) $[Tax-Exempt New Money Par] General Obligation Bonds, 2020 Election, 2024 Series B $[Taxable New Money Par] General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) BOND PURCHASE CONTRACT [Pricing Date] Board of Supervisors County of Contra Costa 1025 Escobar Street Martinez, California 94553 Board of Education West Contra Costa Unified School District 1108 Bissell Avenue Richmond, California 94801 Ladies and Gentlemen: J.P. Morgan Securities LLC (the “Underwriter”), offers to enter into this Bond Purchase Contract (the “Bond Purchase Contract”) with the County of Contra Costa, California (the “County”) and the West Contra Costa Unified School District (the “District”), which, upon the acceptance hereof thereby, will be binding upon the County, the District and the Underwriter. By execution of this Bond Purchase Contract, the County acknowledges the terms hereof and recognizes that it will be bound by certain of the provisions hereof, and to the extent binding on the County, acknowledges and agrees to such terms. This offer is made subject to the written acceptance of this Bond Purchase Contract by the County and the District and delivery of such acceptance to us at or prior to 11:59 P.M., California Time, on the date hereof. Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Resolutions (defined below). 1. Purchase and Sale of the Bonds. (a) Upon the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agree to purchase from the District for reoffering to the public, and the District hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of $[Tax-Exempt New Money Par] aggregate principal amount of the District’s General Obligation Bonds, 2020 Election, 2024 Series B (the “Tax-Exempt Bonds”) and $[Taxable New Money Par] aggregate principal amount of the District’s General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) (the “Taxable Bonds” and, together with the Tax-Exempt Bonds, the “Bonds”). 2 (b) The Tax-Exempt Bonds shall be purchased at an aggregate purchase price equal to $[Tax-Exempt Bonds Purchase Price] (representing the aggregate principal amount of the Tax- Exempt Bonds of $[Tax-Exempt New Money Par].00, plus original issue premium of $[Tax- Exempt New Money OIP], less an Underwriter’s discount of $[Tax-Exempt UW Discount]). The Taxable Bonds shall be purchased at an aggregate purchase price equal to $[Taxable Bonds Purchase Price] (representing the aggregate principal amount of the Taxable Bonds of $[Taxable New Money Par].00, plus original issue premium of $[Taxable New Money OIP], less an Underwriter’s discount of $[Taxable UW Discount]). (c) Any authority, discretion, or other power conferred upon the Underwriter by this Bond Purchase Contract shall be exercised by the Underwriter alone. 2. The Bonds. (a) The Bonds shall be as described in the Official Statement (defined below), and shall be issued and secured (i) pursuant to the provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State, applicable provisions of the Education Code of the State, and Article XIIIA of the California Constitution, including authorization approved by more than 55% of the voters of the District voting at elections held on March 3, 2020 (the “2020 Authorization”) (collectively, the “Authorizing Law”) and (ii) a resolution of the Board of Education of the District approving the issuance of the Bonds (the “District Resolution”) and a resolution of the Board of Supervisors of the County approving the issuance of the Bonds (the “County Resolution” and, together with the District Resolution, the “Resolutions”). The proceeds of the Bonds will be used to finance one or more of the projects specified in the 2020 Authorization, pay debt service on the Bonds through approximately August 1, 20__ and pay costs of issuance of the Bonds. (b) The Bonds shall be executed and delivered under and in accordance with the provisions of this Bond Purchase Contract, the Authorizing Law and the Resolutions. The Bonds shall be in definitive form, shall bear CUSIP numbers and shall be in fully registered form, registered in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”). The Bonds shall be issued in the form of current interest bonds in such principal amounts, shall bear interest at the rates and with yields to maturity (or redemption), shall mature in the years as shown and shall be subject to redemption as set forth in Exhibit A hereto, which is incorporated herein by this reference. The Bonds shall be dated the date of delivery thereof and interest thereon will accrue from such date of delivery and be payable semiannually on August 1 and February 1 of each year, commencing [February 1, 2025]. [The scheduled payment of principal of and interest on a portion of the Bonds, as set forth in Exhibit A hereto (the “Insured Bonds”), when due will be guaranteed under an insurance policy (the “Bond Insurance Policy”) to be issued concurrently with the delivery of the Insured Bonds by [Insurer] (the “Bond Insurer”).] 3. Use of Documents. The District and the County (as appropriate) hereby authorize the Underwriter to use, in connection with the offer and sale of the Bonds, this Bond Purchase Contract, the Continuing Disclosure Certificate of the District (the “Continuing Disclosure Certificate”), the Official Statement, the Resolutions and all information contained herein and therein and all of the documents, certificates or statements furnished by the District to the Underwriter in connection with the transactions contemplated by this Bond Purchase Contract. 3 4. Review of Official Statement. The Underwriter hereby represents that it has received and reviewed the Preliminary Official Statement with respect to the Bonds, dated [POS Date] (including the cover page, inside cover, and all appendices, exhibits, maps, reports and statements included therein or attached thereto, the “Preliminary Official Statement”). The District represents that it has duly authorized and prepared the Preliminary Official Statement for use by the Underwriter in connection with the sale of the Bonds and deemed the Preliminary Official Statement to be final as of its date, except for either revision or addition of the offering price(s), interest rate(s), yield(s) to maturity, redemption provisions, selling compensation, aggregate principal amount, principal amount per maturity, delivery date, rating(s) and other terms of the Bonds which depend upon the foregoing as provided in and pursuant to Rule l5c2-12 of the Securities and Exchange Commission promulgated under the Securities Exchange Act of 1934, as amended (the “Rule”). The Underwriter agrees that prior to the time the Official Statement relating to the Bonds is available, the Underwriter will send to any potential purchaser of the Bonds, upon the request of such potential purchaser, a copy of the most recent Preliminary Official Statement. Such Preliminary Official Statement shall be sent by first class mail or electronic distribution (or other equally prompt means) not later than the first business day following the date upon which each such request is received. The Underwriter agrees to file the Official Statement with the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access system within one business day after receipt thereof from the District, but in no event later than the Closing Date. 5. Establishment of Issue Price. (a) The Underwriter agrees to assist the District in establishing the issue price of the Tax-Exempt Bonds and shall execute and deliver to the District at Closing an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the District and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Tax-Exempt Bonds. As applicable, all actions to be taken by the District under this Section to establish the issue price of the Tax-Exempt Bonds may be taken on behalf of the District by the District’s municipal advisor and any notice or report to be provided to the District may be provided to the District’s municipal advisor. (b) [Except as otherwise set forth in Appendix A attached hereto,] the District will treat the first price at which 10% of each maturity of the Tax-Exempt Bonds (the “10% test”) is sold to the public as the issue price of that maturity. At or promptly after the execution of this Bond Purchase Contract, the Underwriter shall report to the District the price or prices at which the Underwriter has sold to the public each maturity of Tax-Exempt Bonds. That reporting obligation shall continue, whether or not the Closing Date has occurred, until either (i) the Underwriter has sold all Tax-Exempt Bonds of that maturity or (ii) the 10% test has been satisfied as to the Tax- Exempt Bonds of that maturity, provided that, the Underwriter’s reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Issuer or bond counsel.] For purposes of this section, if the Tax-Exempt Bonds mature on the same date but 4 have different interest rates, each separate CUSIP number within that maturity will be treated as a separate maturity of the Tax-Exempt Bonds. (c) [The Underwriter confirms that it has offered the Tax-Exempt Bonds to the public on or before the date of this Bond Purchase Contract at the offering price or prices (the “initial offering price”), or at the corresponding yield or yields, set forth in Appendix A attached hereto, except as otherwise set forth therein. Appendix A also sets forth, as of the date of this Bond Purchase Contract, the maturities, if any, of the Tax-Exempt Bonds for which the 10% test has not been satisfied and for which the District and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the District to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold -the- offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Tax-Exempt Bonds, the Underwriter will neither offer nor sell unsold Tax-Exempt Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (1) the close of the fifth (5th) business day after the sale date; or (2) the date on which the Underwriter has sold at least 10% of that maturity of the Tax-Exempt Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter will advise the District promptly after the close of the fifth (5th) business day after the sale date whether it has sold 10% of that maturity of the Tax-Exempt Bonds to the public at a price that is no higher than the initial offering price to the public.] (d) The Underwriter confirms that: (i) any selling group agreement and any third-party distribution agreement relating to the initial sale of the Tax-Exempt Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a m ember of the selling group and each broker-dealer that is a party to such third-party distribution agreement, as applicable: (A)(i) to report the prices at which it sells to the public the unsold Tax-Exempt Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Tax-Exempt Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter that the 10% test has been satisfied as to the Tax-Exempt Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter, and (ii) to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter and as set forth in the related pricing wires, (B) to promptly notify the Underwriter of any sales of Tax-Exempt Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Tax-Exempt Bonds to the public (each such term being used as defined below), and 5 (C) to acknowledge that, unless otherwise advised by the dealer or broker-dealer, the Underwriter shall assume that each order submitted by the dealer or broker - dealer is a sale to the public; (ii) any selling group agreement relating to the initial sale of the Tax-Exempt Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Tax-Exempt Bonds to the public to require each broker-dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Tax-Exempt Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Tax-Exempt Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter or the dealer that the 10% test has been satisfied as to the Tax-Exempt Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter or such Underwriter or dealer, and (B) comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter or the dealer and as set forth in the related pricing wires. (e) The District acknowledges that, in making the representations set forth in this section, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Tax-Exempt Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing issue price of the Tax-Exempt Bonds, including, but not limited to, its agreement to comply with the hold-the- offering-price rule, if applicable to the Tax-Exempt Bonds, as set forth in a selling group agreement and the related pricing wires, and (ii) in the event that a third-party distribution agreement was employed in connection with the initial sale of the Tax-Exempt Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the requirements for establishing issue price of the Tax-Exempt Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Tax-Exempt Bonds, as set forth in the third-party distribution agreement and the related pricing wires. The District further acknowledges that the Underwriter shall not be liable for the failure of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement, to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Tax-Exempt Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Tax-Exempt Bonds. (f) The Underwriter acknowledges that sales of any Tax-Exempt Bonds to any person that is a related party to an underwriter participating in the initial sale of the Tax-Exempt Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this section. Further, for purposes of this section: (i) “public” means any person other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the District (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Tax-Exempt Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in 6 clause (A) to participate in the initial sale of the Tax-Exempt Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Tax-Exempt Bonds to the public), (iii) a purchaser of any of the Tax-Exempt Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) “sale date” means the date of execution of this Bond Purchase Contract by all parties. 6. Closing. At 9:00 A.M., California Time, on [Closing Date] or at such other time or on such other date as shall have been mutually agreed upon by the parties hereto (the “Closing Date”), the District will direct U.S. Bank Trust Company, National Association, as the initial agent authenticating agent, bond registrar, transfer agent and paying agent (collectively, the “Paying Agent”) for the Bonds, to deliver to the Underwriter, through the facilities of DTC, or at such other place as the District and the Underwriter may mutually agree upon, the Bonds duly executed and in fully registered, book-entry form, and will cause the other documents hereinafter mentioned pertaining to the Bonds to be delivered at the offices of Nixon Peabody LLP, Bond Counsel to the District (“Bond Counsel”), in San Francisco, California, or at such other place as shall have been mutually agreed upon by the parties hereto. (b) Upon fulfillment of all conditions to Closing herein, the Underwriter will accept such delivery and pay the Purchase Price thereof in immediately available funds (by check, wire transfer or such other manner of payment as the Representative and the County shall reasonably agree upon) to the order of the County, as provided by Section 1 hereof. 7. Representations, Warranties and Agreements of the District. The District hereby represents, warrants and agrees with the Underwriter that: (a) Due Organization. The District is a unified school district duly organized and validly existing under the laws of the State of California (the “State”), with the power to cause the issuance of the Bonds pursuant to the Authorizing Law. (b) Due Authorization. (i) At or prior to the Closing, the District will have taken all action required to be taken by it to authorize the issuance and delivery of the Bonds; (ii) the District has full legal right, power and authority to issue and deliver the Bonds, to enter into this Bond Purchase Contract and the Continuing Disclosure Certificate, to adopt the District Resolution, to perform its obligations under each such document or instrument, to approve the Preliminary Official Statement and the Official Statement and 7 to carry out and effectuate the transactions contemplated by this Bond Purchase Contract and the District Resolution; (iii) the execution and delivery or adoption of, and the performance by the District of the obligations contained in the Bonds, the District Resolution, the Continuing Disclosure Certificate and this Bond Purchase Contract have been duly authorized and such authorization shall be in full force and effect at the time of the Closing, and such documents constitute valid and legally binding obli gations of the District, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights and except as such enforcement may be subject to the application of equitable principles and the exercise of judicial discretion in appropriate cases if equitable remedies are sought and by the limitations on legal remedies against public agencies in the State; and (iv) the District has duly authorized the consummation by it of all transactions contemplated by this Bond Purchase Contract. (c) Consents. No consent, approval, authorization, order, filing, registration, qualification, election or referendum, of or by any person, organization, court or governmental agency or public body whatsoever is required in connection with the issuance, delivery or sale of the Bonds, the execution and delivery of this Bond Purchase Contract or the Continuing Disclosure Certificate, the adoption of the District Resolution, or the consummation of the other transactions effected or contemplated herein or hereby, except for such actions as may be necessary to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions of the United States as the Underwriter may reasonably request, or which have not been taken or obtained; provided, however, that the District shall not be required to subject itself to service of process in any jurisdiction in which it is not so subject as of the date hereof. (d) No Breach of Applicable Law or Agreements. The District is not in breach of or in default under any applicable constitutional provision, law or administrative regulation of the State or the United States relating to the issuance of the Bonds or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the District is a party or to which the District or any of its property or assets is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute, in any manner which would adversely affect the transactions contemplated hereby, a default or event of default by the District under any of the foregoing. (e) No Conflicts. To the best knowledge of the District, the issuance of the Bonds, and the execution, delivery and performance of this Bond Purchase Contract, the Continuing Disclosure Certificate, the District Resolution and the Bonds, and the compliance with the provisions hereof and thereof do not conflict with or constitute on the part of the District a violation of or default under, the State Constitution or any existing law, charter, ordinance, regulation, decree, order or resolution and do not conflict with or result in a violation or breach of, or constitute a material default under, any agreement, indenture, mortgage, lease or other instrument to which the District is a party or by which it is bound or to which it is subject. 8 (f) Litigation. As of the time of acceptance hereof, no action, suit, proceeding, hearing or investigation is pending or, to the best knowledge of the District, threatened against the District: (i) in any way affecting the existence of the District or in any way challenging the respective powers of the several offices of the District or of the titles of the officials of the District to such offices; or (ii) seeking to restrain or enjoin the sale, issuance or delivery of any of the Bonds, the application of the proceeds of the sale of the Bonds, the levy or collection of ad valorem property taxes pledged for payment of the Bonds or the application thereof to pay the principal of and interest on the Bonds, or in any way contesting or affecting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or the validity or enforceability of the Bonds, this Bond Purchase Contract or the District Resolution or contesting the powers of the District or its authority with respect to the Bonds, the District Resolution or this Bond Purchase Contract; or (iii) in which a final adverse decision could (a) materially adversely affect the operations or financial condition of the District or the consummation of the transactions contemplated by this Bond Purchase Contract or the District Resolution, (b) declare this Bond Purchase Contract to be invalid or unenforceable in whole or in material part, or (c) adversely affect the exclusion of the interest paid on the Bonds from gross income for federal income tax purposes or the exemption of the interest paid on the Bonds from State personal income taxation. (g) No Other Debt. Between the date hereof and the Closing Date, without the prior written consent of the Underwriter, neither the District, nor any person on behalf of the District, will have issued in the name and on behalf of the District any bonds, notes or other obligations for borrowed money except for such borrowings as may be described in or contemplated by the Preliminary Official Statement and the Official Statement, or as otherwise consented to by the Underwriter. (h) Certificates. Any certificates signed by any officer of the District and delivered to the Underwriter shall be deemed a representation and warranty by the District to the Underwriter, but not by the person signing the same, as to the statements made therein. (i) Continuing Disclosure. In accordance with the requirements of the Rule and pursuant to the District Resolution, at or prior to the Closing, the District shall have duly authorized, executed and delivered a Continuing Disclosure Certificate on behalf of each obligated person for which financial and/or operating data is presented in the Official Statement. The Continuing Disclosure Certificate shall be substantially in the form attached to the Preliminary Official Statement as Appendix D. Except as disclosed in the Preliminary Official Statement and the Official Statement, the District has not, within the past five years, failed to comply in a material respect with any of its previous undertakings pursuant to the Rule to provide annual reports or notice of certain listed events. (j) Preliminary Official Statement and Official Statement Accurate and Complete. The Preliminary Official Statement, as of its date and as of the date hereof, did not and does not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. As of the date hereof 9 and on the Closing Date, the Official Statement (including any supplements thereto) does not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The District makes no representation or warranty as to the information contained in or omitted from the Preliminary Official Statement or the Official Statement with respect to the information set forth under “UNDERWRITING” and in reliance upon and in conformity with information furnished in writing to the District or by or on behalf of the Bond Insurer (including information with respect to the Bond Insurance Policy) specifically for inclusion therein. If the Official Statement is supplemented or amended pursuant to Section 8(d) hereof, at the time of each such supplement or amendment thereto and at all times subsequent thereto during the period up to and including the Closing Date, the Official Statement, as so supplemented or amended, will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (k) Levy of Tax. The District hereby agrees to take any and all actions as may be required by the County of Contra Costa (the “County”) or otherwise necessary in order to arrange for the levy and collection of ad valorem taxes for payment of the Bonds and the deposit and investment of Bond proceeds. In particular, the District hereby agrees to provide to the Auditor-Controller of the County a copy of the District Resolution and the full debt service schedule for the Bonds, in accordance with Education Code Section 15140(c) and policies and procedures of the County. (l) No Material Adverse Change. The financial statements of, and other financial information regarding, the District in the Preliminary Official Statement and the Official Statement fairly present the financial position and results of the District as of the dates and for the periods therein set forth. Prior to the Closing, there will be no adverse change of a material nature in such financial position, results of operations or condition, financial or otherwise, of the District. (m) Use of Proceeds. The District will apply the proceeds from the sale of the Bonds for the purposes specified in the Resolutions. 8. Representations, Warranties and Agreements of the County. The County hereby represents, warrants and agrees with the Underwriter that: (a) The County has the power under the laws of the State to issue the Bonds pursuant to the Authorizing Law. (b) At or prior to the Closing, the County will have taken all action required to be taken by it to authorize the issuance and delivery of the Bonds; (ii) the County has full legal right, power and authority to execute and deliver this Bond Purchase Contract, to adopt the County Resolution, to issue and deliver the Bonds to the Underwriter on behalf of the District and to perform its obligations under each such document or instrument (collectively, the “County Documents”), and to carry out and effectuate the tr ansactions contemplated by the County Documents; (iii) the execution and delivery or adoption of, 10 and the performance by the County of its obligations contained in, the Bonds and the other County Documents have been duly authorized and such authorization shall be in full force and effect at the time of the Closing; (iv) this Bond Purchase Contract constitutes, and each of the other County Documents, when duly executed and delivered in accordance with the County Resolution, will constitute, a valid and legally binding obligation of the County, enforceable against the County in accordance with its terms; and (v) the County has duly authorized the consummation by it of all transactions contemplated by the County Documents. (c) No consent, approval, authorization, order, filing, registration, qualification, election or referendum, with, of or by any court or governmental agency or public body whatsoever is required of the County in connection with the issuance, delivery or sale of the Bonds or the consummation of the other transactions effected or contemplated herein or hereby, except for such actions as may be necessary to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions of the United States, for which the County takes no responsibility and shall not be required to take any actions in connection therewith.” The County makes no representation regarding whether any consent, approval, authorization, order, filing, registration, qualification, election or referendum, of or by any court or governmental agency or public body whatsoever is required of any other party related to the Bonds. (d) To the best knowledge of the County, the County is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State or the United States or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the County is a party or to which the County or any of its property or assets is otherwise subject, which breach or default would materially adversely affect the County’s ability to enter into or perform its obligations under this Agreement. (e) To the best knowledge of the County, the issuance of the Bonds, the adoption, execution, delivery and performance of the County Documents, and the compliance with the provisions of the County Documents do not conflict with or result in on the part of the County a violation or breach of, or default under, any applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the County is a party or to which the County or any of its property or assets is otherwise subject, where such conflict, violation, breach or default, individually or in the aggregate, shall result in a material adverse change to the County that materially and adversely affects the ability of the Underwriter to market the Bonds or enforce contracts of sale on the Bonds. (f) As of the time of acceptance hereof, except as provided in the Official Statement, to the best knowledge of the County, no action, suit, proceeding, hearing or investigation is pending (in which service of process has been completed against the County) or threatened against the County: (i) in any way affecting the existence of the County or in any way challenging the respective powers of the several offices or the titles of the officials of the County to such offices; (ii) seeking to restrain or enjoin the sale, 11 issuance or delivery of any of the Bonds, the application of the proceeds of the sale of the Bonds, or the levy of any taxes contemplated by the County Resolution, or in any way contesting or affecting the validity or enforceability of the Bonds or the County Documents or contesting the powers of the County or its authority with respect to the Bonds or the County Documents; or (iii) in which a final adverse decision could (a) materially adversely affect the operations of the County or the consummation of the transactions contemplated by the County Documents or the Bonds or (b) declare the County Documents or the Bonds to be invalid or unenforceable in whole or in material part. (g) Between the date hereof and the Closing Date, without the prior written consent of the Underwriter, the County will not have issued in the name and on behalf of the District any bonds, notes or other obligations for borrowed money except for such borrowing as may be described in or contemplated by the Official Statement. (h) Any certificates signed by any officer of the County and delivered to the Underwriter shall be deemed a representation and warranty b y the County to the Underwriter, but not by the person signing the same in such person’s individual capacity, as to the statements made therein. 9. Covenants of the County and the District. The County and the District respectively covenant and agree with the Underwriter that: (a) Securities Laws. The District will furnish such information, execute such instruments, and take such other action in cooperation with the Underwriter if and as the Underwriter may reasonably request in order to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions, provided, however, that the District and the County shall not be required to consent to service of process in any jurisdiction in which they are not so subject as of the date hereof. (b) Official Statement. The District hereby agrees to deliver or cause to be delivered to the Underwriter, not later than the earlier of (i) the third (3rd) business day preceding the Closing Date or (ii) the seventh (7th) business day following the date this Bond Purchase Contract is signed, the Official Statement substantially in the form of the Preliminary Official Statement (including the cover page, inside cover, and all appendices, exhibits, maps, reports and statements included therein or attached thereto, the “Official Statement”), with only such changes therein as shall have been accepted by the Underwriter, the County and the District, in “designated electronic format” (as defined in Rule G-32 of the MSRB), in order to permit the Underwriter to comply with paragraph (b)(4) of the Rule and with the rules of the MSRB. The County has no responsibility with respect to the Preliminary Official Statement or the Official Statement. (c) Subsequent Events. The District hereby agrees to promptly notify the Underwriter of any event or occurrence that may affect the accuracy or completeness of any information set forth in the Official Statement relating to the District, until the date which is the 25th day after the End of the Underwriting Period (or such other period as may be agreed to by the County, the District and the Underwriter) as the Underwriter shall no longer hold any of the Bonds for sale. 12 (d) Amendments to Official Statement. During the period ending on the 25th day after the End of the Underwriting Period (or such other period as may be agreed to by the District and the Underwriter), the District (i) shall not supplement or amend the Official Statement or cause the Official Statement to be supplemented or amended without the prior written consent of the Underwriter and (ii) shall notify the Underwriter promptly if any event shall occur, or information comes to the attention of the District, that is reasonably likely to cause the Official Statement (whether or not previously supplemented or amended) to contain any untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. If, as a result of such event or any other event, it is necessary, in the reasonable opinion of Nixon Peabody LLP, as Disclosure Counsel to the District (“Disclosure Counsel”), or the Underwriter, to amend or supplement the Official Statement so that the Official Statement does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, and if either shall have so advised the District, the District shall prepare, at its own expense, and furnish to the Underwriter the supplement or amendment to the Official Statement, in form and substance mutually agreed upon by the District and the Underwriter, in the “designated electronic format” (as defined in Rule G-32 of the MSRB). If such notification shall be given subsequent to the Closing, the District also shall furnish, or cause to be furnished, at its own expense, such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably deem necessary to evidence the truth and accuracy of any such supplement or amendment to the Official Statement. For purposes of this Bond Purchase Contract, the “End of the Underwriting Period” is used as defined in the Rule and shall occur on the later of (A) the date of Closing or (B) when the Underwriter no longer retains an unsold balance of the Bonds. Unless otherwise advised in writing by the Underwriter on or prior to the Closing, or otherwise agreed to by, the District and the Underwriter, the County and the District may assume that the End of the Underwriting Period is the Closing Date. 10. Representations, Warranties and Agreements of the Underwriter. The Underwriter represents to and agrees with the District that, as of the date hereof and as of the Closing Date: (a) The Underwriter is duly authorized to execute this Bond Purchase Contract and the Underwriter is duly authorized to take any action under this Bond Purchase Contract required to be taken by it. (b) The Underwriter is in compliance with MSRB Rule G-37 with respect to the District, and is not prohibited thereby from acting as underwriter with respect to securities of the District. (c) The Underwriter has, and have had, no financial advisory relationship, as that term is defined in California Government Code Section 53590(c) or MSRB Rule G-23, with the District with respect to the Bonds, and no investment firm controlling, controlled 13 by or under common control with the Underwriter has or has had any such financial advisory relationship. The County and the District each acknowledges and agrees that (i) the purchase and sale of the herein described Bonds pursuant to this Bond Purchase Contract is an arm’s-length commercial transaction among the County, the District and the Underwriter, (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter are and have been acting solely as principals and are not acting as agents or fiduciaries of the County or the District, (iii) the Underw riter has not assumed an advisory or fiduciary responsibility in favor of the County or the District with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or are currently providing other services to the County or the District on other matters) and the Underwriter has no obligation to the County or the District with respect to the offering contemplated hereby except the obligations expressly set forth in this Bond Purchase Contract and (iv) the County and the District have consulted their own legal, financial and other advisors to the extent it has deemed appropriate. Each of the County and the District acknowledges that it has previously provided the Underwriter with an acknowledgement of receipt of the required disclosure under Rule G-17 of the MSRB. 11. Conditions to Closing. The Underwriter has entered into this Bond Purchase Contract in reliance upon the representations and warranties of the County and the District contained herein and the performance by the County and the District of their respective obligations hereunder, both as of the date hereof and as of the date of Closing. The Underwriter’ obligations under this Bond Purchase Contract are and shall be subject at the option of the Underwriter to the following further conditions at the Closing: (a) Representations True. The representations and warranties of the County and the District contained herein shall be true, complete and correct in all material respects at the date hereof and at and as of the Closing, as if made at and as of the Closing, and the statements made in all certificates and other documents delivered to the Underwriter at the Closing pursuant hereto shall be true, complete and correct in all material respects on the date of the Closing; and the County and the District shall be in compliance with each of their respective agreements made by them in this Bond Purchase Contract; (b) Obligations Performed. At the time of the Closing, (i) the Official Statement, this Bond Purchase Contract, the Continuing Disclosure Certificate and the Resolutions (such documents being referred to herein as the “District Documents”) shall be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter; (ii) all actions under the Authorizing Law which, in the opinion of Bond Counsel, shall be necessary in connection with the transactions contemplated hereby, shall have been duly taken and shall be in full force and effect; (iii) the County and the District shall have adopted, and there shall be in full force and effect such additional resolutions, agreements, opinions and certificates (including such certificates as may be required by regulations of the Internal Revenue Service in order to establish the tax-exempt character of the interest on the Bonds), which resolutions, agreements, opinions and certificates shall be satisfactory in form and substance to Bond Counsel to the District and to the Underwriter, and there shall have been 14 taken in connection therewith and in connection with the execution and delivery of the Bonds all such actions as shall, in the reasonable opinion of each, be necessary in connection with the transactions contemplated hereby; (iv) all actions under the Resolutions which, in the opinion of Bond Counsel to the District, shall be necessary in connection with the transactions contemplated hereby, shall have been duly taken and shall be in full force and effect; (v) the Bonds shall have been duly authorized, executed and delivered; and (vi) the County and the District shall perform or have performed all of their respective obligations required under or specified in the District Documents and County Documents to be performed at or prior to the Closing; (c) Adverse Rulings. No decision, ruling or finding shall have been entered by any court or governmental authority since the date of this Bond Purchase Contract (and not reversed on appeal or otherwise set aside), or to the best knowledge of the County or the District, be pending (in which service of process has been completed against the County or the District) or threatened which has any of the effects described in Section 7(f) or Section 8(f) hereof or contests in any way the completeness or accuracy of either the Preliminary Official Statement or the Official Statement; (d) Marketability. The Underwriter shall have the right to cancel its obligation to purchase the Bonds if, between the date of this Bond Purchase Contract and the Closing Date, the market price or marketability of the Bonds shall be materially adversely affected, in the reasonable judgment of the Underwriter, by the occurrence of any of the following: (1) an event shall occur which makes untrue or incorrect in any material respect, as of the time of such event, any statement or information contained in the Official Statement or which is not reflected in the Official Statement but should be reflected therein in order to make the statements contained therein not misleading in any material respect and, in either such event, the District refuses to permit the Official Statement to be supplemented to supply such statement or information or the effect of the Official Statement as so supplemented is, in the judgment of the Underwriter, to materially adversely affect the market for the Bonds or the sale, at the contemplated offering prices (or yields), by the Underwriter of the Bonds; (2) legislation enacted by the Congress of the United States, or by the legislature of the State, or introduced in the Congress or recommended for passage by the President of the United States, or a decision rendered by a court of the United States or the State or by the United States Tax Court, or an order, ruling, regulation (final, temporary or proposed) or official statement issued or made: (i) by or on behalf of the United States Treasury Department, or by or on behalf of the Internal Revenue Service or other federal or State authority, which would have the purpose or effect of changing, directly or indirectly, the federal income tax consequences of interest on obligations of the general character of the Bonds in the hands of the holders thereof or State tax consequences of interest on obligations of the general character of the Bonds in the hands of the holders thereof; (3) an order, decree or injunction of any court of competent jurisdiction, or any order, ruling or regulation of the Securities and Exchange Commission, is 15 issued or made with the purpose or effect of prohibiting the issuance, offering or sale of the Bonds as contemplated hereby or legislation has been enacted, or a bill favorably reported for adoption, or a decision by any court rendered, or a ruling, regulation, proposed regulation or official statement by or on behalf of the Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter has been made or issued, to the effect that the Bonds or obligations of the general character of the Bonds of the District or the County or of any similar body of the type contemplated herein are not exempt from the registration, qualification or other requirements of the Securities Act as amended and then in effect, or that the Resolutions are not exempt from qualification under the Trust Indenture Act of 1939, as amended and as then in effect; (4) legislation is introduced in or enacted (or resolution passed) by the Congress or an order, decree, or injunction issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary, or proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements of the Securities Act of 1933, as amended, or that the Resolutions are not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering, or sale of obligations of the general character of the Bonds, including any or all underlying arrangements, as contemplated hereby or by the Official Statement or otherwise, is or would be in violation of the federal securities law as amended and then in effect; (5) there shall have occurred any (i) declaration by the United States of a national or international emergency or war, (ii) outbreak or escalation of (A) hostilities, (B) national or international emergency or war or (C) other calamity or crisis, in any case with respect to (i) and (ii) the effect of which on financial markets is such as to make it, in the reasonable judgment of the Underwriter, impractical or inadvisable to proceed with the offering of the Bonds as contemplated in the Official Statement; (6) there shall have occurred a general suspension of trading, minimum or maximum prices for trading shall have been fixed and be in force or maximum ranges or prices for securities shall have been required on the New York Stock Exchange or other national stock exchange whether by virtue of a determination by that Exchange or by order of the Securities and Exchange Commission or any other governmental agency having jurisdiction or any national securities exchange shall have: (i) imposed additional material restrictions not in force as of the date hereof with respect to trading in securities generally, or to the Bonds or similar obligations; or (ii) materially increased restrictions now in force with respect to the extension of credit by or the charge to the net capital requirements of underwriters or broker- dealers such as to make it, in the judgment of the Underwriter, impractical or 16 inadvisable to proceed with the offering of the Bonds as contemplated in the Official Statement; (7) a general banking moratorium shall have been declared by federal or New York or California state authorities or a major financial crisis or a material disruption in commercial banking or securities settlement or clearances services shall have occurred such as to make it, in the judgment of the Underwriter, impractical or inadvisable to proceed with the offering of the Bonds as contemplated in the Official Statement; (8) a downgrading or suspension of any rating (without regard to credit enhancement) of any securities issued by the District, or (ii) there shall have been any official statement as to a possible downgrading (such as being placed on “credit watch” or “negative outlook” or any similar qualification) of any rating by Moody’s, S&P or Fitch of any securities issued by the District, including the Bonds; (9) any amendment to the federal or State Constitution or action by any federal or State court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the District, its property, income, securities (or interest thereon), the validity or enforceability of the Bonds; or (10) there shall have occurred any material adverse change in the affairs or financial condition of the District. (e) Delivery of Documents. At or prior to the date of the Closing, the Underwriter shall receive copies of the following documents satisfactory in form and substance to the Underwriter: (1) Opinion of Bond Counsel. (i) The approving opinion of Bond Counsel with respect to the Bonds, dated the Closing Date and addressed to the District and the County, substantially in the form attached as Appendix D to the Preliminary Official Statement; and (ii) a reliance letter from Bond Counsel to the effect that the Underwriter can rely upon such opinions; (2) Supplemental Opinion of Bond Counsel. A supplemental opinion of Bond Counsel addressed to the District, the County and the Underwriter; dated as of the Closing Date, substantially to the following effect: (A) the description of the Bonds and the security for the Bonds and statements in the Preliminary Official Statement on the cover thereof and under the captions “INTRODUCTION,” “THE BONDS,” “SECURITY AND SOURCES OF REPAYMENT FOR THE BONDS,” “TAX MATTERS – TAX-EXEMPT BONDS” “TAX MATTERS – TAXABLE BONDS,” and the first paragraph under the caption “LEGAL MATTERS – Continuing Disclosure” to the extent they purport to summarize certain provisions of the Bonds, the Resolutions, the Continuing Disclosure Certificate and the form and content of Bond Counsel’s approving opinion with 17 respect to the treatment of interest on the Bonds under State, fairly and accurately summarize the matters purported to be summarized therein; provided that Bond Counsel need not express any opinion with respect to (i) any information contained in Appendices A, C, E, F or G to the Preliminary Official Statement, (ii) financial or statistical data or forecasts, numbers, charts, estimates, projections, assumptions or expressions of opinion contained in the Preliminary Official Statement, including in any of the appendices thereto, (iii) information with respect to The Depository Trust Company or its book-entry only system included therein, (iv) any CUSIP numbers or information relating thereto, (v) the District’s compliance with its obligations to file annual reports or provide notice of the events described in Rule 15c2-12 promulgated under the Securities Act of 1934, (vi) any information with respect to the Underwriter or underwriting matters with respect to the Bonds, including but not limited to information under the caption “UNDERWRITING,” and (vii) any information with respect to the ratings on the Bonds and the rating agencies referenced therein, including but not limited to information under the caption “RATING;1” (B) the description of the Bonds and the security for the Bonds and statements in the Official Statement on the cover thereof and under the captions “INTRODUCTION,” “THE BONDS,” “SECURITY AND SOURCES OF REPAYMENT FOR THE BONDS,” “TAX MATTERS – TAX-EXEMPT BONDS” “TAX MATTERS – TAXABLE BONDS,” and the first paragraph under the caption “LEGAL MATTERS – Continuing Disclosure” to the extent they purport to summarize certain provisions of the Bonds, the Resolutions, the Continuing Disclosure Certificate and the form and content of Bond Counsel’s approving opinion with respect to the treatment of interest on the Bonds under State, fairly and accurately summarize the matters purported to be summarized therein; provided that Bond Counsel need not express any opinion with respect to (i) any information contained in Appendices A, C, E, F or G to the Official Statement, (ii) financial or statistical data or forecasts, numbers, charts, estimates, projections, assumptions or expressions of opinion contained in the Official Statement, including in any of the appendices thereto, (iii) information with respect to The Depository Trust Company or its book-entry only system included therein, (iv) any CUSIP numbers or information relating thereto, (v) the District’s compliance with its obligations to file annual reports or provide notice of the events described in Rule 15c2-12 promulgated under the Securities Act of 1934, (vi) any information with respect to the Underwriter or underwriting matters 1 Opinion will also carve out specific changes in non-pricing and non-preliminary information between the Preliminary Official Statement and the final Official Statement, if any. 18 with respect to the Bonds, including but not limited to information under the caption “UNDERWRITING,” and (vii) any information with respect to the ratings on the Bonds and the rating agencies referenced therein, including but not limited to information under the caption “RATING;” (C) the Continuing Disclosure Certificate and this Bond Purchase Contract have each been duly authorized, executed and delivered by the District and, assuming the due authorization, execution and delivery by the other parties thereto, constitute legal, valid and binding agreements of the District enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights and except as their enforcement may be subject to the application of equitable principles and the exercise of judicial discretion in appropriate cases if equitable remedies are sought and by the limitations on legal remedies against public agencies in the State; (D) the Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended, and the Resolutions are exempt from qualification as indentures pursuant to the Trust Indenture Act of 1939, as amended; (E) the District is a unified school district validly existing under the Constitution and the laws of the State; (F) the District has the full right and lawful authority to enter into and perform its duties and obligations under the Resolutions, the Continuing Disclosure Certificate and this Bond Purchase Contract and to authorize the issuance and sale of the Bonds; (G) to the actual knowledge of the attorneys in our firm rendering legal services in connection with the representation of the District, and based solely on certifications from the District, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or public body, pending, or to such counsel’s knowledge, threatened against the District contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement or the due adoption of the District Resolution, and there is no breach or default by the District under any other instruments which is caused by the issuance of the Bonds or the execution and delivery of this Bond Purchase Contract or the Continuing Disclosure Certificate; and 19 (H) the Preliminary Official Statement and the Official Statement have been duly approved by the District; (3) Disclosure Counsel Letter. A letter of Disclosure Counsel dated as of the Closing Date and addressed to the District, accompanied by a reliance letter from Disclosure Counsel to the effect that such opinion may be relied upon by the Underwriter with the same effect as if such opinion were addressed to them, substantially to the effect that based on such counsel’s participation in conferences with representatives of the Underwriter, the municipal advisor to the District, the District and others, during which conferences the contents of the Preliminary Official Statement and the Official Statement and related matters were discussed, and in reliance thereon and on the records, documents, certificates and opinions described therein, such counsel advises the District, as a matter of fact and not opinion, that during the course of its engagement as Disclosure Counsel no information came to the attention of such counsel’s attorneys rendering legal services in connection with such representation which caused such counsel to believe that the Preliminary Official Statement as of its date and as of [Pricing Date] and the Official Statement as of its date contained, or as of the Closing Date contains, any untrue statement of a material fact or as of its date omitted, or as of the Closing Date omits, to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (provided that Disclosure Counsel need not express any opinion with respect to (i) any information contained in Appendices C, E, F or G to the Preliminary Official Statement and the Official Statement, (ii) financial, statistical, economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, valuations, appraisals, or absorption, real estate or environmental matters or the Contra Costa County Pooled Surplus Investments contained in the Preliminary Official Statement and the Official Statement, including in any of the appendices thereto, (ii) information with respect to DTC or its book-entry only system included therein, (iii) any CUSIP numbers or information relating thereto, (iv) any information with respect to the Underwriter or underwriting matters with respect to the Bonds, including but not limited to information under the caption “UNDERWRITING,” and (v) any information with respect to the ratings on the Bonds and the rating agencies referenced therein, including, but not limited to, information under the caption “RATING,” as to which such counsel need express no opinion or view; (4) Certificate of the District. A certificate signed by appropriate officials of the District to the effect that (i) such officials are authorized to execute this Bond Purchase Contract, the Official Statement and the Continuing Disclosure Certificate, (ii) the representations, agreements and warranties of the District herein are true and correct in all material respects as of the date of Closing, (iii) the District has complied with all the terms of the Resolution and this Bond Purchase Contract to be complied with by the District prior to or concurrently with the Closing, and, as to the District, such documents are in full force and effect, (iv) such District officials have reviewed the Official Statement and on such basis certify that the Official Statement as of its date and as of the Closing Date did not and does not 20 contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, (v) the Bonds being delivered on the date of the Closing to the Underwriter under this Bond Purchase Contract substantially conform to the descriptions thereof contained in the District Resolution, (vi) no event concerning the District has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement thereto, but should be disclosed in order to make the statements in the Official Statement in the light of the circumstances under which they were made not misleading, (vii) there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or public body, pending or, to the best knowledge of such officials, threatened against the District, contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement, the issuance of the Bonds by the District on behalf of the District or the due adoption of the District Resolution; (viii) there is no breach or default by the District under any other instruments which is caused by the issuance of the Bonds or the execution and delivery of this Bond Purchase Contract or the Continuing Disclosure Certificate, and (ix) each of the conditions listed in this Bond Purchase Contract required to be satisfied by the District has been satisfied on the date thereof and the District is not aware of any other condition of this Bond Purchase Contract that has not been satisfied on the date thereof; (5) a certificate signed by an appropriate official of the County to the effect that (i) such official is authorized to execute and to approve the County Documents; (ii) the representations, agreements and warranties of the County herein are true and correct as of the date of Closing; (iii) the County has complied with all the terms of the County Documents to be complied with by the County prior to or concurrently with the Closing; (iv) to the best of the County’s knowledge, no litigation is pending (with service of process having been accomplished) or threatened (either in State or federal courts): (A) seeking to restrain or enjoin the execution, sale or delivery of any of the Bonds, (B) in any way contesting or affecting the authority for the execution, sale or delivery of the Bonds or this Bond Purchase Contract, or (C) in any way contesting the existence or powers of the County; (v) each of the conditions listed in Section 13 of this Bond Purchase Contract required to be satisfied by the County has been satisfied on the date thereof and the County is not aware of any other condition of this Bond Purchase Contract that has not been satisfied on the date thereof; and (vii) the Bonds being delivered on the date of the Closing to the Underwriter under this Bond Purchase Contract substantially conform to the descriptions thereof contained in the County Resolution and this Bond Purchase Contract; (6) Rating. Evidence satisfactory to the Underwriter that the rating described in the Official Statement is in full force and effect as of the Closing Date [to be revised if there is bond insurance]; 21 (7) Resolutions. (i) A certificate, together with fully executed copy of the District Resolution, of the Secretary to or Clerk of the District Board of Education to the effect that: (A) such copy is a true and correct copy of the District Resolution; and (B) that the District Resolution was duly adopted and has not been modified, amended, rescinded or revoked and is in full force and effect on the date of the Closing; (ii) an original or copy of the County Resolution, certified by the Clerk of the Board of Supervisors of the County; (8) Deemed Final Certificate. A certificate of the appropriate official of the District evidencing his or her determinations respecting the Preliminary Official Statement in accordance with the Rule; (9) Continuing Disclosure Certificate. An executed copy of the Continuing Disclosure Certificate, substantially in the form presented in the Preliminary Official Statement and the Official Statement as Appendix D thereto, along with evidence satisfactory to Disclosure Counsel and the Underwriter that the District is in compliance with its disclosure obligations under the Rule; (10) Certificate of the Paying Agent. A certificate of Paying Agent, signed by a duly authorized officer thereof, and in form and substance satisfactory to the Underwriter, substantially to the effect that, no litigation is pending or, to the best knowledge of the Paying Agent, threatened (either in state or federal courts) (i) seeking to restrain or enjoin the delivery by the Paying Agent of any of the Bonds, or (ii) in any way contesting or affecting any authority of the Paying Agent for the delivery of the Bonds or the validity or enforceability of the Bonds or any agreement with the Paying Agent; (11) Underwriter’s Counsel Opinion. An opinion of Hawkins Delafield & Wood LLP, counsel to the Underwriter (“Underwriter’s Counsel”), dated as of the Closing, and in a form and substance satisfactory to the Underwriter; (12) Tax Certificate. A tax certificate of the District in form satisfactory to Bond Counsel with respect to the Tax-Exempt Bonds; (13) [Opinion of Counsel to the Bond Insurer. An opinion of Counsel to Bond Insurer to the effect that the information in the Official Statement under the caption “Bond Insurance” was as of the date of the Official Statement and is as of the date of Closing Date true and correct in all material respects and such information did not and does not contain any untrue or misleading statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;] 22 (14) [Bond Insurance Policy. A certified copy of the Bond Insurance Policy issued by the Bond Insurer; and] (15) the opinion of counsel for the County (“County Counsel”), as counsel to the Board of Supervisors, addressed to the County, the District, and the Underwriter, dated the Closing Date, in the form of the opinion attached hereto as Exhibit C; (16) Other Documents. Such additional legal opinions, certificates, proceedings, instruments and other documents as Bond Counsel or the Underwriter may reasonably request to evidence compliance (i) by the County and the District with legal requirements, (ii) the truth and accuracy, as of the time of Closing, of the representations of the County and the District herein contained and of the Official Statement, and (iii) the due performance or satisfaction by the County and the District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the District. (f) Termination. Notwithstanding anything to the contrary herein contained, if for any reason whatsoever the Bonds shall not have been delivered by the District to the Underwriter as provided in Section 6 herein, then the obligation to purchase Bonds hereunder shall terminate and be of no further force or effect except with respect to the obligations of the District and the Underwriter under Section 14 hereof. If the County and/or the District is unable to satisfy the conditions to the Underwriter’s obligations contained in this Bond Purchase Contract or if the Underwriter’s obligations shall be terminated for any reason permitted by this Bond Purchase Contract, this Bond Purchase Contract may be cancelled by the Underwriter at, or at any time prior to, the time of Closing. Notice of such cancellation shall be given to the County and the District in writing, or by telephone or telegraph, confirmed in writing. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the County and the District hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriter may be waived by the Underwriter in writing at its sole discretion. 12. Conditions to Obligations of the District. The performance by the County and the District of their obligations is conditioned upon (i) the performance by the Underwriter of its obligations hereunder; and (ii) receipt by the District and the Underwriter of opinions and certificates being delivered at the Closing by persons and entities other than the District. 13. Expenses. (a) To the extent that the transactions contemplated by this Bond Purchase Contract are consummated, the District shall pay, and the Underwriter shall have no obligation to pay, the following expenses incident to the issuance of the Bonds: (i) the cost of the preparation and reproduction of the Resolutions; (ii) the fees and disbursements of Bond Counsel, Disclosure Counsel and the District’s municipal advisor; (iii) the cost of the preparation, printing and delivery of the Bonds; (iv) the fees for the Bonds’ ratings; (v) the cost of the printing and distribution of the Preliminary Official Statement and the Official Statement; (vi) the initial fees, if any, of the Paying Agent and Fiscal Agent (defined below); (vii) the fees and expenses of the County; (viii) expenses for travel, lodging, and subsistence related to rating agency visits and other 23 meetings connected to the authorization, sale, issuance and distribution of the Bonds; [(ix) the costs associated with the Bond Insurance Policy,] and (x) all other fees and expenses incident to the issuance and sale of the Bonds. [The Underwriter is hereby directed to wire at the Closing a portion of the Purchase Price of the Bonds equal to $[Net Purchase Price] to U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”), and a portion of the Purchase Price of the Bonds equal to $[Bond Premium] to the Bond Insurer, in each case on behalf of the District, for the payment of the above-described costs. In the event that following payment of the expenses set forth above, there is any portion remaining, such remaining amount shall be deposited into the Debt Service Fund.] (b) Notwithstanding any of the foregoing, the Underwriter shall pay all out-of- pocket expenses of the Underwriter, including the California Debt and Investment Advisory Commission fee, the fees of Underwriter’s Counsel, and other expenses (except those expressly provided above) without limitation, except travel and related expenses in connection with the Bonds’ ratings. (c) Notwithstanding Section 10(f) hereof, the District hereby agrees, in the event the purchase and sale of the Bonds does not occur as contemplated hereunder, to reimburse the Underwriter for any costs described in Section 12(a)(vii) above that are attributable to District personnel. (d) The District acknowledges that it has had an opportunity, in consultation with such advisors as it may deem appropriate, if any, to evaluate and consider the fees and expenses being incurred as part of the issuance of the Bonds. 14. Notices. Any notice or other communication to be given under this Bond Purchase Contract (other than the acceptance hereof as specified in the first paragraph hereof) may be given by delivering the same in writing, if to the County, to Board of Supervisors, County of Contra Costa, 651 Pine Street, Martinez, California 94553, attention: _____________, if to the District, to West Contra Costa Unified School District, 1400 Marina Way, Richmond, California 94801, attention: Luis Freese, Associate Superintendent, or if to the Underwriter, c/o J.P. Morgan Securities LLC, 1415 L Street, Floor 6, Sacramento, California 95814, attention: Tyler Old, Executive Director. 15. Parties in Interest; Survival of Representations and Warranties. This Bond Purchase Contract, when accepted by the County and the District in writing as heretofore specified, shall constitute the entire agreement among the County, the District and the Underwriter. This Bond Purchase Contract is made solely for the benefit of the County, the District and the Underwriter (including the successors or assigns of the Underwriter). No person shall acquire or have any rights hereunder or by virtue hereof. All the representations, warranties and agreements of the County and the District in this Bond Purchase Contract shall survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriter, (b) delivery of and payment by the Underwriter for the Bonds hereunder, and (c) any termination of this Bond Purchase Contract. 24 16. Severability. In the event any provision of this Bond Purchase Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 17. Division of Responsibility Between District and County. It is specifically acknowledged and agreed by and between the District and the County that the County shall have no responsibility or liability to ensure or provide compliance with those provisions of the Bond Purchase Contract which are to be performed solely by the District and the District shall have no responsibility or liability to ensure or provide compliance with those provisions of this Bond Purchase Contract which are to be performed solely by the County. 18. Execution in Counterparts. This Bond Purchase Contract may be executed in several counterparts each of which shall be regarded as an original and all of which shall constitute but one and the same document. The parties further agree that facsimile signatures or signatures scanned into PDF format (or signatures in another electronic format designated by the District) and sent by e-mail shall be deemed original signatures. [Signature Page to Bond Purchase Contract] 18. Applicable Law. This Bond Purchase Contract shall be interpreted, governed and enforced in accordance with the laws of the State applicable to contracts made and performed in such State. Very truly yours, J.P. MORGAN SECURITIES LLC, as Underwriter By: Executive Director The foregoing is hereby agreed to and accepted at ___________ p.m., as of the date first above written: COUNTY OF CONTRA COSTA By: Name: Title: WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT By: Authorized Signatory A-1 EXHIBIT A MATURITY SCHEDULE AND REDEMPTION PROVISIONS WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) $[Tax-Exempt New Money Par] General Obligation Bonds, 2020 Election, 2024 Series B Maturity (August 1) Principal Amount Interest Rate Yield Price 10% Test Satisfied Hold The Offering Price $ % % (1) Insured under the Bond Insurance Policy. C Priced to call at par on August 1, 20__. A-2 WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) $[Taxable New Money Par] General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) Maturity (August 1) Principal Amount Interest Rate Yield Price 10% Test Satisfied Hold The Offering Price $ % % (1) Insured under the Bond Insurance Policy. C Priced to call at par on August 1, 20__. A-3 Redemption Provisions [To be updated along with POS] Optional Redemption of the Bonds. The Bonds maturing on or after August 1, 20___, are subject to redemption prior to their respective stated maturity dates, at the option of the District, from any source of available funds, as a whole or in part on any date on or after August 1, 20 ___, at a redemption price equal to the principal amount of such Bonds called for redemption, together with interest accrued thereon to the date of redemption, without premium. Mandatory Sinking Fund Redemption of the Bonds. The Bonds maturing on August 1, 20___, are subject to mandatory redemption on August 1 in each of the years and in the respective principal amounts as set forth in the following schedule, at a redemption price equal to 100% of the principal amount thereof to be redeemed, together with interest accrued thereon to the date fixed for redemption, without premium: Mandatory Sinking Fund Payment Date (August 1) Mandatory Sinking Fund Payment (1) Final maturity. B-1 EXHIBIT B FORM OF CERTIFICATE OF UNDERWRITER (10% Rule and Hold-the-Offering-Price Rule to Apply) ISSUE PRICE CERTIFICATE OF THE UNDERWRITER WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) $[Tax-Exempt New Money Par] General Obligation Bonds, 2020 Election, 2024 Series B The undersigned, on behalf of J.P. Morgan Securities LLC (the “Underwriter”) hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the “Bonds”). THE UNDERSIGNED HEREBY CERTIFY AS FOLLOWS: 1. The undersigned is authorized to execute this certificate on behalf of the Underwriting Group. 2. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Ma turity of Bonds was sold to the Public is the respective price listed in Schedule A. 3. Initial Offering Price of the Hold-the Offering-Price Maturities. (a) The Underwriter offered the Hold-the-Offering-Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B. (b) As set forth in the Bond Purchase Contract, dated [Pricing Date], between the Underwriter and the Issuer (herein defined), the Underwriter has agreed in writing that (i) for each Maturity of the Hold-the-Offering-Price·Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker - dealer who is a party to the retail distribution agreement, to comply with the hold-the-offering- price rule. Neither the Underwriter nor its Retail Distribution Partners have]offered or sold any Hold-the-Offering Price Maturity of the Bonds at a price that is higher than the respective Initial Offering Price for that Hold-the-Offering-Price Maturity of the Bonds during the Holding Period. B-2 4. Defined Terms. (a) General Rule Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “General Rule Maturities.” (b) Hold-the-Offering-Price Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “Hold-the-Offering-Price Maturities.” (c) Holding Period means, with respect to a Hold-the-Offering Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date ([Pricing Date]), or (ii) the date on which the Underwriter has sold at least 10% of such Hold-the Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity. (d) Issuer means the West Contra Costa Unified School District. (e) Maturity means Bonds with the same credit and prepayment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (f) Public means any person (including an individual, trust, estate, partnership, association, company or corporation) other than an Underwriter or a Related Party to an Underwriter. (g) Related Party means if an Underwriter and such entity are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (h) Retail Distribution Partners means [Charles Schwab & Co., Inc. and LPL Financial LLC.] (i) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is [Pricing Date]. (j) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). B-3 The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Underwriter’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate relating to the Bonds, to which this certificate is attached as an exhibit, and with respect to compliance with the federal income tax rules affecting the Bonds, and by Nixon Peabody, LLP, as bond counsel, in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Forms 8038 and 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Dated: [Closing Date]. J.P. MORGAN SECURITIES LLC By: Authorized Signatory B-4 SCHEDULE A SALE PRICES OF THE GENERAL RULE MATURITIES AND INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES (Attached) C-1 EXHIBIT C FORM OF COUNTY COUNSEL OPINION [Closing Date] County of Contra Costa Martinez, California Board of Education West Contra Costa Unified School District Richmond, California J.P. Morgan Securities LLC Sacramento, California $_________ WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, 2020 Election, 2024 Series B $__________ WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) Ladies and Gentlemen: This opinion is rendered and delivered in connection with the issuance by the Board of Supervisors of the County of Contra Costa (the “County”) on behalf of the West Contra Costa Unified School District (the “District”) of: (a) $__________ aggregate principal amount of the District’s General Obligation Bonds, 2020 Election, 2024 Series B (the “Series B Bonds”) and (b) $___________ aggregate principal amount of the District’s General Obligation Bonds, 2020 Election, 2024 Series C (the “Series C Bonds,” and together with the Series B Bonds, the “Bonds”). The Bonds are being issued pursuant to a resolution of the Board of Supervisors of the County adopted on __________, 2024 (the “County Resolution”), at the request of the District made pursuant to a resolution of the Board of Education of the District adopted on September 11, 2024 (the “District Resolution”). C-2 In rendering this opinion, we have reviewed the County Resolution, the District Resolution, the Bond Purchase Agreement, dated _______, 2024 (the “Purchase Agreement”), by and among the County, the District and J.P. Morgan Securities LLC, and other such documents, records and instruments and made such investigations of law and fact as we have deemed necessary to render the opinions expressed herein. The County Resolution, the Bonds, and the Purchase Agreement are collectively referred to herein as the “County Documents.” Under existing law and based upon the foregoing, we are of the opinion s that: 1. The County is a political subdivision, organized and operating under the Constitution and laws of the State of California. 2. The County Resolution approving and authorizing the execution and delivery of the Purchase Agreement and the sale and issuance of the Bonds was duly adopted at a meeting of the Board of Supervisors of the County, which was called and held pursuant to law, with all public notice required by law and at which a quorum was present and acting throughout and the County Resolution has not been rescinded, modified or amended and is in full force and effect. 3. To the best knowledge of County Counsel, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, public authority or body, pending or threatened against the County in which service of process has been completed (a) affecting the existence of the County or the titles of its officers who have acted with respect to the proceedings for issuance and sale of the Bonds to their respective offices; (b) seeking to prohibit, restrain or enjoin the execution, delivery or performance of this Purchase Agreement or the issuance of the Bonds or in any way contesting or affecting the validity or enforceability of the County Documents; or (c) contesting the powers of the County or its authority to enter into, adopt or perform its obligations under the County Documents. 4. The Purchase Agreement has been duly authorized, executed and delivered by the County and the Bonds have been duly authorized by the County, executed by the County on behalf of the District and delivered by the County and, assuming due authorization, execution and delivery by the other parties thereto, the Purchase Agreement constitutes a legal, valid and binding obligation of the County enforceable against the County in accordance with its terms. Notwithstanding anything to the contrary herein: (a) I expressly decline to render any opinion regarding the content of the Bonds, or any disclosure of any kind made in connection with the Bonds. (b) I expressly decline to render any opinion regarding the taxability or tax effect (under both state and federal law) of the transactions that are subject of this opinion letter. (c) I expressly decline to render any opinion with respect to the validity or perfection of any lien or security interested created under the County Documents. C-3 (d) This opinion is based on the existing laws of the State of California as of this date; and I expressly decline to render any opinion as to any laws or regulations of other states or jurisdictions (including federal law and regulations) as they may pertain to the County Documents or any transactions contemplated thereby, or with respect to the effect of noncompliance under any such laws or regulations or any other jurisdictions including federal law regulations, and blue sky laws. (e) This opinion is furnished to the addressees hereof and is solely for its benefit. It may not be relied upon by any other person or entity however organized. (f) This opinion may only be used in connection with the transactions contemplated by the County Documents. (g) This opinion is given as of this date, and I expressly decline any undertaking to advise you of any matters arising subsequent to the date hereof that would cause me to amend any portion of the foregoing in whole or in part. (h) The opinions set forth herein are subject to applicable limitations of bankruptcy or equitable principles affecting the enforcement of creditor's rights. The enforcement of the County Documents is subject to the effect of the general principles of equity, including, without limitation, concepts of materiality, reasonableness, good faith or fair dealing, and the possibility of the unavailability of specific performance or injunctive relief, regardless of whether considered in a proceeding in equity or at law, and to the exercise of judicial discretion in appropriate cases and to the limitations on legal remedies against entities in the State of California. Please be advised that I am not Bond Counsel for the Bonds and have no expertise in matters related to or in connection with the issuance of the Bonds. Very truly yours, Thomas L. Geiger County Counsel By: _________________________________ Assistant County Counsel HDW – 9/27/24 Draft WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) $[Tax-Exempt New Money Par] General Obligation Bonds, 2020 Election, 2024 Series B $[Taxable New Money Par] General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) BOND PURCHASE CONTRACT [Pricing Date] Board of Supervisors County of Contra Costa 1025 Escobar Street Martinez, California 94553 Board of Education West Contra Costa Unified School District 1108 Bissell Avenue Richmond, California 94801 Ladies and Gentlemen: J.P. Morgan Securities LLC (the “Underwriter”), offers to enter into this Bond Purchase Contract (the “Bond Purchase Contract”) with the County of Contra Costa, California (the “County”) and the West Contra Costa Unified School District (the “District”), which, upon the acceptance hereof thereby, will be binding upon the County, the District and the Underwriter. By execution of this Bond Purchase Contract, the County acknowledges the terms hereof and recognizes that it will be bound by certain of the provisions hereof, and to the extent binding on the County, acknowledges and agrees to such terms. This offer is made subject to the written acceptance of this Bond Purchase Contract by the County and the District and delivery of such acceptance to us at or prior to 11:59 P.M., California Time, on the date hereof. Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Resolutions (defined below). 1. Purchase and Sale of the Bonds. (a) Upon the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agree to purchase from the District for reoffering to the public, and the District hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of $[Tax-Exempt New Money Par] aggregate principal amount of the District’s General Obligation Bonds, 2020 Election, 2024 Series B (the “Tax-Exempt Bonds”) and $[Taxable New Money Par] aggregate principal amount of the District’s General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) (the “Taxable Bonds” and, together with the Tax-Exempt Bonds, the “Bonds”). 2 (b) The Tax-Exempt Bonds shall be purchased at an aggregate purchase price equal to $[Tax-Exempt Bonds Purchase Price] (representing the aggregate principal amount of the Tax- Exempt Bonds of $[Tax-Exempt New Money Par].00, plus original issue premium of $[Tax- Exempt New Money OIP], less an Underwriter’s discount of $[Tax-Exempt UW Discount]). The Taxable Bonds shall be purchased at an aggregate purchase price equal to $[Taxable Bonds Purchase Price] (representing the aggregate principal amount of the Taxable Bonds of $[Taxable New Money Par].00, plus original issue premium of $[Taxable New Money OIP], less an Underwriter’s discount of $[Taxable UW Discount]). (c) Any authority, discretion, or other power conferred upon the Underwriter by this Bond Purchase Contract shall be exercised by the Underwriter alone. 2. The Bonds. (a) The Bonds shall be as described in the Official Statement (defined below), and shall be issued and secured (i) pursuant to the provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State, applicable provisions of the Education Code of the State, and Article XIIIA of the California Constitution, including authorization approved by more than 55% of the voters of the District voting at elections held on March 3, 2020 (the “2020 Authorization”) (collectively, the “Authorizing Law”) and (ii) a resolution of the Board of Education of the District approving the issuance of the Bonds (the “District Resolution”) and a resolution of the Board of Supervisors of the County approving the issuance of the Bonds (the “County Resolution” and, together with the District Resolution, the “Resolutions”). The proceeds of the Bonds will be used to finance one or more of the projects specified in the 2020 Authorization, pay debt service on the Bonds through approximately August 1, 20__ and pay costs of issuance of the Bonds. (b) The Bonds shall be executed and delivered under and in accordance with the provisions of this Bond Purchase Contract, the Authorizing Law and the Resolutions. The Bonds shall be in definitive form, shall bear CUSIP numbers and shall be in fully registered form, registered in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”). The Bonds shall be issued in the form of current interest bonds in such principal amounts, shall bear interest at the rates and with yields to maturity (or redemption), shall mature in the years as shown and shall be subject to redemption as set forth in Exhibit A hereto, which is incorporated herein by this reference. The Bonds shall be dated the date of delivery thereof and interest thereon will accrue from such date of delivery and be payable semiannually on August 1 and February 1 of each year, commencing [February 1, 2025]. [The scheduled payment of principal of and interest on a portion of the Bonds, as set forth in Exhibit A hereto (the “Insured Bonds”), when due will be guaranteed under an insurance policy (the “Bond Insurance Policy”) to be issued concurrently with the delivery of the Insured Bonds by [Insurer] (the “Bond Insurer”).] 3. Use of Documents. The District and the County (as appropriate) hereby authorize the Underwriter to use, in connection with the offer and sale of the Bonds, this Bond Purchase Contract, the Continuing Disclosure Certificate of the District (the “Continuing Disclosure Certificate”), the Official Statement, the Resolutions and all information contained herein and therein and all of the documents, certificates or statements furnished by the District to the Underwriter in connection with the transactions contemplated by this Bond Purchase Contract. 3 4. Review of Official Statement. The Underwriter hereby represents that it has received and reviewed the Preliminary Official Statement with respect to the Bonds, dated [POS Date] (including the cover page, inside cover, and all appendices, exhibits, maps, reports and statements included therein or attached thereto, the “Preliminary Official Statement”). The District represents that it has duly authorized and prepared the Preliminary Official Statement for use by the Underwriter in connection with the sale of the Bonds and deemed the Preliminary Official Statement to be final as of its date, except for either revision or addition of the offering price(s), interest rate(s), yield(s) to maturity, redemption provisions, selling compensation, aggregate principal amount, principal amount per maturity, delivery date, rating(s) and other terms of the Bonds which depend upon the foregoing as provided in and pursuant to Rule l5c2-12 of the Securities and Exchange Commission promulgated under the Securities Exchange Act of 1934, as amended (the “Rule”). The Underwriter agrees that prior to the time the Official Statement relating to the Bonds is available, the Underwriter will send to any potential purchaser of the Bonds, upon the request of such potential purchaser, a copy of the most recent Preliminary Official Statement. Such Preliminary Official Statement shall be sent by first class mail or electronic distribution (or other equally prompt means) not later than the first business day following the date upon which each such request is received. The Underwriter agrees to file the Official Statement with the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access system within one business day after receipt thereof from the District, but in no event later than the Closing Date. 5. Establishment of Issue Price. (a) The Underwriter agrees to assist the District in establishing the issue price of the Tax-Exempt Bonds and shall execute and deliver to the District at Closing an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the District and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Tax-Exempt Bonds. As applicable, all actions to be taken by the District under this Section to establish the issue price of the Tax-Exempt Bonds may be taken on behalf of the District by the District’s municipal advisor and any notice or report to be provided to the District may be provided to the District’s municipal advisor. (b) [Except as otherwise set forth in Appendix A attached hereto,] the District will treat the first price at which 10% of each maturity of the Tax-Exempt Bonds (the “10% test”) is sold to the public as the issue price of that maturity. At or promptly after the execution of this Bond Purchase Contract, the Underwriter shall report to the District the price or prices at which the Underwriter has sold to the public each maturity of Tax-Exempt Bonds. That reporting obligation shall continue, whether or not the Closing Date has occurred, until either (i) the Underwriter has sold all Tax-Exempt Bonds of that maturity or (ii) the 10% test has been satisfied as to the Tax- Exempt Bonds of that maturity, provided that, the Underwriter’s reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Issuer or bond counsel.] For purposes of this section, if the Tax-Exempt Bonds mature on the same date but 4 have different interest rates, each separate CUSIP number within that maturity will be treated as a separate maturity of the Tax-Exempt Bonds. (c) [The Underwriter confirms that it has offered the Tax-Exempt Bonds to the public on or before the date of this Bond Purchase Contract at the offering price or prices (the “initial offering price”), or at the corresponding yield or yields, set forth in Appendix A attached hereto, except as otherwise set forth therein. Appendix A also sets forth, as of the date of this Bond Purchase Contract, the maturities, if any, of the Tax-Exempt Bonds for which the 10% test has not been satisfied and for which the District and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the District to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold -the- offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Tax-Exempt Bonds, the Underwriter will neither offer nor sell unsold Tax-Exempt Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (1) the close of the fifth (5th) business day after the sale date; or (2) the date on which the Underwriter has sold at least 10% of that maturity of the Tax-Exempt Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter will advise the District promptly after the close of the fifth (5th) business day after the sale date whether it has sold 10% of that maturity of the Tax-Exempt Bonds to the public at a price that is no higher than the initial offering price to the public.] (d) The Underwriter confirms that: (i) any selling group agreement and any third-party distribution agreement relating to the initial sale of the Tax-Exempt Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a m ember of the selling group and each broker-dealer that is a party to such third-party distribution agreement, as applicable: (A)(i) to report the prices at which it sells to the public the unsold Tax-Exempt Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Tax-Exempt Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter that the 10% test has been satisfied as to the Tax-Exempt Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter, and (ii) to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter and as set forth in the related pricing wires, (B) to promptly notify the Underwriter of any sales of Tax-Exempt Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Tax-Exempt Bonds to the public (each such term being used as defined below), and 5 (C) to acknowledge that, unless otherwise advised by the dealer or broker-dealer, the Underwriter shall assume that each order submitted by the dealer or broker - dealer is a sale to the public; (ii) any selling group agreement relating to the initial sale of the Tax-Exempt Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Tax-Exempt Bonds to the public to require each broker-dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Tax-Exempt Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Tax-Exempt Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter or the dealer that the 10% test has been satisfied as to the Tax-Exempt Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter or such Underwriter or dealer, and (B) comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter or the dealer and as set forth in the related pricing wires. (e) The District acknowledges that, in making the representations set forth in this section, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Tax-Exempt Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing issue price of the Tax-Exempt Bonds, including, but not limited to, its agreement to comply with the hold-the- offering-price rule, if applicable to the Tax-Exempt Bonds, as set forth in a selling group agreement and the related pricing wires, and (ii) in the event that a third-party distribution agreement was employed in connection with the initial sale of the Tax-Exempt Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the requirements for establishing issue price of the Tax-Exempt Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Tax-Exempt Bonds, as set forth in the third-party distribution agreement and the related pricing wires. The District further acknowledges that the Underwriter shall not be liable for the failure of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement, to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Tax-Exempt Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Tax-Exempt Bonds. (f) The Underwriter acknowledges that sales of any Tax-Exempt Bonds to any person that is a related party to an underwriter participating in the initial sale of the Tax-Exempt Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this section. Further, for purposes of this section: (i) “public” means any person other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the District (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Tax-Exempt Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in 6 clause (A) to participate in the initial sale of the Tax-Exempt Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Tax-Exempt Bonds to the public), (iii) a purchaser of any of the Tax-Exempt Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) “sale date” means the date of execution of this Bond Purchase Contract by all parties. 6. Closing. At 9:00 A.M., California Time, on [Closing Date] or at such other time or on such other date as shall have been mutually agreed upon by the parties hereto (the “Closing Date”), the District will direct U.S. Bank Trust Company, National Association, as the initial agent authenticating agent, bond registrar, transfer agent and paying agent (collectively, the “Paying Agent”) for the Bonds, to deliver to the Underwriter, through the facilities of DTC, or at such other place as the District and the Underwriter may mutually agree upon, the Bonds duly executed and in fully registered, book-entry form, and will cause the other documents hereinafter mentioned pertaining to the Bonds to be delivered at the offices of Nixon Peabody LLP, Bond Counsel to the District (“Bond Counsel”), in San Francisco, California, or at such other place as shall have been mutually agreed upon by the parties hereto. (b) Upon fulfillment of all conditions to Closing herein, the Underwriter will accept such delivery and pay the Purchase Price thereof in immediately available funds (by check, wire transfer or such other manner of payment as the Representative and the County shall reasonably agree upon) to the order of the County, as provided by Section 1 hereof. 7. Representations, Warranties and Agreements of the District. The District hereby represents, warrants and agrees with the Underwriter that: (a) Due Organization. The District is a unified school district duly organized and validly existing under the laws of the State of California (the “State”), with the power to cause the issuance of the Bonds pursuant to the Authorizing Law. (b) Due Authorization. (i) At or prior to the Closing, the District will have taken all action required to be taken by it to authorize the issuance and delivery of the Bonds; (ii) the District has full legal right, power and authority to issue and deliver the Bonds, to enter into this Bond Purchase Contract and the Continuing Disclosure Certificate, to adopt the District Resolution, to perform its obligations under each such document or instrument, to approve the Preliminary Official Statement and the Official Statement and 7 to carry out and effectuate the transactions contemplated by this Bond Purchase Contract and the District Resolution; (iii) the execution and delivery or adoption of, and the performance by the District of the obligations contained in the Bonds, the District Resolution, the Continuing Disclosure Certificate and this Bond Purchase Contract have been duly authorized and such authorization shall be in full force and effect at the time of the Closing, and such documents constitute valid and legally binding obli gations of the District, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights and except as such enforcement may be subject to the application of equitable principles and the exercise of judicial discretion in appropriate cases if equitable remedies are sought and by the limitations on legal remedies against public agencies in the State; and (iv) the District has duly authorized the consummation by it of all transactions contemplated by this Bond Purchase Contract. (c) Consents. No consent, approval, authorization, order, filing, registration, qualification, election or referendum, of or by any person, organization, court or governmental agency or public body whatsoever is required in connection with the issuance, delivery or sale of the Bonds, the execution and delivery of this Bond Purchase Contract or the Continuing Disclosure Certificate, the adoption of the District Resolution, or the consummation of the other transactions effected or contemplated herein or hereby, except for such actions as may be necessary to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions of the United States as the Underwriter may reasonably request, or which have not been taken or obtained; provided, however, that the District shall not be required to subject itself to service of process in any jurisdiction in which it is not so subject as of the date hereof. (d) No Breach of Applicable Law or Agreements. The District is not in breach of or in default under any applicable constitutional provision, law or administrative regulation of the State or the United States relating to the issuance of the Bonds or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the District is a party or to which the District or any of its property or assets is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute, in any manner which would adversely affect the transactions contemplated hereby, a default or event of default by the District under any of the foregoing. (e) No Conflicts. To the best knowledge of the District, the issuance of the Bonds, and the execution, delivery and performance of this Bond Purchase Contract, the Continuing Disclosure Certificate, the District Resolution and the Bonds, and the compliance with the provisions hereof and thereof do not conflict with or constitute on the part of the District a violation of or default under, the State Constitution or any existing law, charter, ordinance, regulation, decree, order or resolution and do not conflict with or result in a violation or breach of, or constitute a material default under, any agreement, indenture, mortgage, lease or other instrument to which the District is a party or by which it is bound or to which it is subject. 8 (f) Litigation. As of the time of acceptance hereof, no action, suit, proceeding, hearing or investigation is pending or, to the best knowledge of the District, threatened against the District: (i) in any way affecting the existence of the District or in any way challenging the respective powers of the several offices of the District or of the titles of the officials of the District to such offices; or (ii) seeking to restrain or enjoin the sale, issuance or delivery of any of the Bonds, the application of the proceeds of the sale of the Bonds, the levy or collection of ad valorem property taxes pledged for payment of the Bonds or the application thereof to pay the principal of and interest on the Bonds, or in any way contesting or affecting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or the validity or enforceability of the Bonds, this Bond Purchase Contract or the District Resolution or contesting the powers of the District or its authority with respect to the Bonds, the District Resolution or this Bond Purchase Contract; or (iii) in which a final adverse decision could (a) materially adversely affect the operations or financial condition of the District or the consummation of the transactions contemplated by this Bond Purchase Contract or the District Resolution, (b) declare this Bond Purchase Contract to be invalid or unenforceable in whole or in material part, or (c) adversely affect the exclusion of the interest paid on the Bonds from gross income for federal income tax purposes or the exemption of the interest paid on the Bonds from State personal income taxation. (g) No Other Debt. Between the date hereof and the Closing Date, without the prior written consent of the Underwriter, neither the District, nor any person on behalf of the District, will have issued in the name and on behalf of the District any bonds, notes or other obligations for borrowed money except for such borrowings as may be described in or contemplated by the Preliminary Official Statement and the Official Statement, or as otherwise consented to by the Underwriter. (h) Certificates. Any certificates signed by any officer of the District and delivered to the Underwriter shall be deemed a representation and warranty by the District to the Underwriter, but not by the person signing the same, as to the statements made therein. (i) Continuing Disclosure. In accordance with the requirements of the Rule and pursuant to the District Resolution, at or prior to the Closing, the District shall have duly authorized, executed and delivered a Continuing Disclosure Certificate on behalf of each obligated person for which financial and/or operating data is presented in the Official Statement. The Continuing Disclosure Certificate shall be substantially in the form attached to the Preliminary Official Statement as Appendix D. Except as disclosed in the Preliminary Official Statement and the Official Statement, the District has not, within the past five years, failed to comply in a material respect with any of its previous undertakings pursuant to the Rule to provide annual reports or notice of certain listed events. (j) Preliminary Official Statement and Official Statement Accurate and Complete. The Preliminary Official Statement, as of its date and as of the date hereof, did not and does not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. As of the date hereof 9 and on the Closing Date, the Official Statement (including any supplements thereto) does not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The District makes no representation or warranty as to the information contained in or omitted from the Preliminary Official Statement or the Official Statement with respect to the information set forth under “UNDERWRITING” and in reliance upon and in conformity with information furnished in writing to the District or by or on behalf of the Bond Insurer (including information with respect to the Bond Insurance Policy) specifically for inclusion therein. If the Official Statement is supplemented or amended pursuant to Section 8(d) hereof, at the time of each such supplement or amendment thereto and at all times subsequent thereto during the period up to and including the Closing Date, the Official Statement, as so supplemented or amended, will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (k) Levy of Tax. The District hereby agrees to take any and all actions as may be required by the County of Contra Costa (the “County”) or otherwise necessary in order to arrange for the levy and collection of ad valorem taxes for payment of the Bonds and the deposit and investment of Bond proceeds. In particular, the District hereby agrees to provide to the Auditor-Controller of the County a copy of the District Resolution and the full debt service schedule for the Bonds, in accordance with Education Code Section 15140(c) and policies and procedures of the County. (l) No Material Adverse Change. The financial statements of, and other financial information regarding, the District in the Preliminary Official Statement and the Official Statement fairly present the financial position and results of the District as of the dates and for the periods therein set forth. Prior to the Closing, there will be no adverse change of a material nature in such financial position, results of operations or condition, financial or otherwise, of the District. (m) Use of Proceeds. The District will apply the proceeds from the sale of the Bonds for the purposes specified in the Resolutions. 8. Representations, Warranties and Agreements of the County. The County hereby represents, warrants and agrees with the Underwriter that: (a) The County has the power under the laws of the State to issue the Bonds pursuant to the Authorizing Law. (b) At or prior to the Closing, the County will have taken all action required to be taken by it to authorize the issuance and delivery of the Bonds; (ii) the County has full legal right, power and authority to execute and deliver this Bond Purchase Contract, to adopt the County Resolution, to issue and deliver the Bonds to the Underwriter on behalf of the District and to perform its obligations under each such document or instrument (collectively, the “County Documents”), and to carry out and effectuate the tr ansactions contemplated by the County Documents; (iii) the execution and delivery or adoption of, 10 and the performance by the County of its obligations contained in, the Bonds and the other County Documents have been duly authorized and such authorization shall be in full force and effect at the time of the Closing; (iv) this Bond Purchase Contract constitutes, and each of the other County Documents, when duly executed and delivered in accordance with the County Resolution, will constitute, a valid and legally binding obligation of the County, enforceable against the County in accordance with its terms; and (v) the County has duly authorized the consummation by it of all transactions contemplated by the County Documents. (c) No consent, approval, authorization, order, filing, registration, qualification, election or referendum, with, of or by any court or governmental agency or public body whatsoever is required of the County in connection with the issuance, delivery or sale of the Bonds or the consummation of the other transactions effected or contemplated herein or hereby, except for such actions as may be necessary to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions of the United States, for which the County takes no responsibility and shall not be required to take any actions in connection therewith.” The County makes no representation regarding whether any consent, approval, authorization, order, filing, registration, qualification, election or referendum, of or by any court or governmental agency or public body whatsoever is required of any other party related to the Bonds. (d) To the best knowledge of the County, the County is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State or the United States or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the County is a party or to which the County or any of its property or assets is otherwise subject, which breach or default would materially adversely affect the County’s ability to enter into or perform its obligations under this Agreement. (e) To the best knowledge of the County, the issuance of the Bonds, the adoption, execution, delivery and performance of the County Documents, and the compliance with the provisions of the County Documents do not conflict with or result in on the part of the County a violation or breach of, or default under, any applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the County is a party or to which the County or any of its property or assets is otherwise subject, where such conflict, violation, breach or default, individually or in the aggregate, shall result in a material adverse change to the County that materially and adversely affects the ability of the Underwriter to market the Bonds or enforce contracts of sale on the Bonds. (f) As of the time of acceptance hereof, except as provided in the Official Statement, to the best knowledge of the County, no action, suit, proceeding, hearing or investigation is pending (in which service of process has been completed against the County) or threatened against the County: (i) in any way affecting the existence of the County or in any way challenging the respective powers of the several offices or the titles of the officials of the County to such offices; (ii) seeking to restrain or enjoin the sale, 11 issuance or delivery of any of the Bonds, the application of the proceeds of the sale of the Bonds, or the levy of any taxes contemplated by the County Resolution, or in any way contesting or affecting the validity or enforceability of the Bonds or the County Documents or contesting the powers of the County or its authority with respect to the Bonds or the County Documents; or (iii) in which a final adverse decision could (a) materially adversely affect the operations of the County or the consummation of the transactions contemplated by the County Documents or the Bonds or (b) declare the County Documents or the Bonds to be invalid or unenforceable in whole or in material part. (g) Between the date hereof and the Closing Date, without the prior written consent of the Underwriter, the County will not have issued in the name and on behalf of the District any bonds, notes or other obligations for borrowed money except for such borrowing as may be described in or contemplated by the Official Statement. (h) Any certificates signed by any officer of the County and delivered to the Underwriter shall be deemed a representation and warranty b y the County to the Underwriter, but not by the person signing the same in such person’s individual capacity, as to the statements made therein. 9. Covenants of the County and the District. The County and the District respectively covenant and agree with the Underwriter that: (a) Securities Laws. The District will furnish such information, execute such instruments, and take such other action in cooperation with the Underwriter if and as the Underwriter may reasonably request in order to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions, provided, however, that the District and the County shall not be required to consent to service of process in any jurisdiction in which they are not so subject as of the date hereof. (b) Official Statement. The District hereby agrees to deliver or cause to be delivered to the Underwriter, not later than the earlier of (i) the third (3rd) business day preceding the Closing Date or (ii) the seventh (7th) business day following the date this Bond Purchase Contract is signed, the Official Statement substantially in the form of the Preliminary Official Statement (including the cover page, inside cover, and all appendices, exhibits, maps, reports and statements included therein or attached thereto, the “Official Statement”), with only such changes therein as shall have been accepted by the Underwriter, the County and the District, in “designated electronic format” (as defined in Rule G-32 of the MSRB), in order to permit the Underwriter to comply with paragraph (b)(4) of the Rule and with the rules of the MSRB. The County has no responsibility with respect to the Preliminary Official Statement or the Official Statement. (c) Subsequent Events. The District hereby agrees to promptly notify the Underwriter of any event or occurrence that may affect the accuracy or completeness of any information set forth in the Official Statement relating to the District, until the date which is the 25th day after the End of the Underwriting Period (or such other period as may be agreed to by the County, the District and the Underwriter) as the Underwriter shall no longer hold any of the Bonds for sale. 12 (d) Amendments to Official Statement. During the period ending on the 25th day after the End of the Underwriting Period (or such other period as may be agreed to by the District and the Underwriter), the District (i) shall not supplement or amend the Official Statement or cause the Official Statement to be supplemented or amended without the prior written consent of the Underwriter and (ii) shall notify the Underwriter promptly if any event shall occur, or information comes to the attention of the District, that is reasonably likely to cause the Official Statement (whether or not previously supplemented or amended) to contain any untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. If, as a result of such event or any other event, it is necessary, in the reasonable opinion of Nixon Peabody LLP, as Disclosure Counsel to the District (“Disclosure Counsel”), or the Underwriter, to amend or supplement the Official Statement so that the Official Statement does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, and if either shall have so advised the District, the District shall prepare, at its own expense, and furnish to the Underwriter the supplement or amendment to the Official Statement, in form and substance mutually agreed upon by the District and the Underwriter, in the “designated electronic format” (as defined in Rule G-32 of the MSRB). If such notification shall be given subsequent to the Closing, the District also shall furnish, or cause to be furnished, at its own expense, such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably deem necessary to evidence the truth and accuracy of any such supplement or amendment to the Official Statement. For purposes of this Bond Purchase Contract, the “End of the Underwriting Period” is used as defined in the Rule and shall occur on the later of (A) the date of Closing or (B) when the Underwriter no longer retains an unsold balance of the Bonds. Unless otherwise advised in writing by the Underwriter on or prior to the Closing, or otherwise agreed to by, the District and the Underwriter, the County and the District may assume that the End of the Underwriting Period is the Closing Date. 10. Representations, Warranties and Agreements of the Underwriter. The Underwriter represents to and agrees with the District that, as of the date hereof and as of the Closing Date: (a) The Underwriter is duly authorized to execute this Bond Purchase Contract and the Underwriter is duly authorized to take any action under this Bond Purchase Contract required to be taken by it. (b) The Underwriter is in compliance with MSRB Rule G-37 with respect to the District, and is not prohibited thereby from acting as underwriter with respect to securities of the District. (c) The Underwriter has, and have had, no financial advisory relationship, as that term is defined in California Government Code Section 53590(c) or MSRB Rule G-23, with the District with respect to the Bonds, and no investment firm controlling, controlled 13 by or under common control with the Underwriter has or has had any such financial advisory relationship. The County and the District each acknowledges and agrees that (i) the purchase and sale of the herein described Bonds pursuant to this Bond Purchase Contract is an arm’s-length commercial transaction among the County, the District and the Underwriter, (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter are and have been acting solely as principals and are not acting as agents or fiduciaries of the County or the District, (iii) the Underw riter has not assumed an advisory or fiduciary responsibility in favor of the County or the District with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or are currently providing other services to the County or the District on other matters) and the Underwriter has no obligation to the County or the District with respect to the offering contemplated hereby except the obligations expressly set forth in this Bond Purchase Contract and (iv) the County and the District have consulted their own legal, financial and other advisors to the extent it has deemed appropriate. Each of the County and the District acknowledges that it has previously provided the Underwriter with an acknowledgement of receipt of the required disclosure under Rule G-17 of the MSRB. 11. Conditions to Closing. The Underwriter has entered into this Bond Purchase Contract in reliance upon the representations and warranties of the County and the District contained herein and the performance by the County and the District of their respective obligations hereunder, both as of the date hereof and as of the date of Closing. The Underwriter’ obligations under this Bond Purchase Contract are and shall be subject at the option of the Underwriter to the following further conditions at the Closing: (a) Representations True. The representations and warranties of the County and the District contained herein shall be true, complete and correct in all material respects at the date hereof and at and as of the Closing, as if made at and as of the Closing, and the statements made in all certificates and other documents delivered to the Underwriter at the Closing pursuant hereto shall be true, complete and correct in all material respects on the date of the Closing; and the County and the District shall be in compliance with each of their respective agreements made by them in this Bond Purchase Contract; (b) Obligations Performed. At the time of the Closing, (i) the Official Statement, this Bond Purchase Contract, the Continuing Disclosure Certificate and the Resolutions (such documents being referred to herein as the “District Documents”) shall be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter; (ii) all actions under the Authorizing Law which, in the opinion of Bond Counsel, shall be necessary in connection with the transactions contemplated hereby, shall have been duly taken and shall be in full force and effect; (iii) the County and the District shall have adopted, and there shall be in full force and effect such additional resolutions, agreements, opinions and certificates (including such certificates as may be required by regulations of the Internal Revenue Service in order to establish the tax-exempt character of the interest on the Bonds), which resolutions, agreements, opinions and certificates shall be satisfactory in form and substance to Bond Counsel to the District and to the Underwriter, and there shall have been 14 taken in connection therewith and in connection with the execution and delivery of the Bonds all such actions as shall, in the reasonable opinion of each, be necessary in connection with the transactions contemplated hereby; (iv) all actions under the Resolutions which, in the opinion of Bond Counsel to the District, shall be necessary in connection with the transactions contemplated hereby, shall have been duly taken and shall be in full force and effect; (v) the Bonds shall have been duly authorized, executed and delivered; and (vi) the County and the District shall perform or have performed all of their respective obligations required under or specified in the District Documents and County Documents to be performed at or prior to the Closing; (c) Adverse Rulings. No decision, ruling or finding shall have been entered by any court or governmental authority since the date of this Bond Purchase Contract (and not reversed on appeal or otherwise set aside), or to the best knowledge of the County or the District, be pending (in which service of process has been completed against the County or the District) or threatened which has any of the effects described in Section 7(f) or Section 8(f) hereof or contests in any way the completeness or accuracy of either the Preliminary Official Statement or the Official Statement; (d) Marketability. The Underwriter shall have the right to cancel its obligation to purchase the Bonds if, between the date of this Bond Purchase Contract and the Closing Date, the market price or marketability of the Bonds shall be materially adversely affected, in the reasonable judgment of the Underwriter, by the occurrence of any of the following: (1) an event shall occur which makes untrue or incorrect in any material respect, as of the time of such event, any statement or information contained in the Official Statement or which is not reflected in the Official Statement but should be reflected therein in order to make the statements contained therein not misleading in any material respect and, in either such event, the District refuses to permit the Official Statement to be supplemented to supply such statement or information or the effect of the Official Statement as so supplemented is, in the judgment of the Underwriter, to materially adversely affect the market for the Bonds or the sale, at the contemplated offering prices (or yields), by the Underwriter of the Bonds; (2) legislation enacted by the Congress of the United States, or by the legislature of the State, or introduced in the Congress or recommended for passage by the President of the United States, or a decision rendered by a court of the United States or the State or by the United States Tax Court, or an order, ruling, regulation (final, temporary or proposed) or official statement issued or made: (i) by or on behalf of the United States Treasury Department, or by or on behalf of the Internal Revenue Service or other federal or State authority, which would have the purpose or effect of changing, directly or indirectly, the federal income tax consequences of interest on obligations of the general character of the Bonds in the hands of the holders thereof or State tax consequences of interest on obligations of the general character of the Bonds in the hands of the holders thereof; (3) an order, decree or injunction of any court of competent jurisdiction, or any order, ruling or regulation of the Securities and Exchange Commission, is 15 issued or made with the purpose or effect of prohibiting the issuance, offering or sale of the Bonds as contemplated hereby or legislation has been enacted, or a bill favorably reported for adoption, or a decision by any court rendered, or a ruling, regulation, proposed regulation or official statement by or on behalf of the Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter has been made or issued, to the effect that the Bonds or obligations of the general character of the Bonds of the District or the County or of any similar body of the type contemplated herein are not exempt from the registration, qualification or other requirements of the Securities Act as amended and then in effect, or that the Resolutions are not exempt from qualification under the Trust Indenture Act of 1939, as amended and as then in effect; (4) legislation is introduced in or enacted (or resolution passed) by the Congress or an order, decree, or injunction issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary, or proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements of the Securities Act of 1933, as amended, or that the Resolutions are not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering, or sale of obligations of the general character of the Bonds, including any or all underlying arrangements, as contemplated hereby or by the Official Statement or otherwise, is or would be in violation of the federal securities law as amended and then in effect; (5) there shall have occurred any (i) declaration by the United States of a national or international emergency or war, (ii) outbreak or escalation of (A) hostilities, (B) national or international emergency or war or (C) other calamity or crisis, in any case with respect to (i) and (ii) the effect of which on financial markets is such as to make it, in the reasonable judgment of the Underwriter, impractical or inadvisable to proceed with the offering of the Bonds as contemplated in the Official Statement; (6) there shall have occurred a general suspension of trading, minimum or maximum prices for trading shall have been fixed and be in force or maximum ranges or prices for securities shall have been required on the New York Stock Exchange or other national stock exchange whether by virtue of a determination by that Exchange or by order of the Securities and Exchange Commission or any other governmental agency having jurisdiction or any national securities exchange shall have: (i) imposed additional material restrictions not in force as of the date hereof with respect to trading in securities generally, or to the Bonds or similar obligations; or (ii) materially increased restrictions now in force with respect to the extension of credit by or the charge to the net capital requirements of underwriters or broker- dealers such as to make it, in the judgment of the Underwriter, impractical or 16 inadvisable to proceed with the offering of the Bonds as contemplated in the Official Statement; (7) a general banking moratorium shall have been declared by federal or New York or California state authorities or a major financial crisis or a material disruption in commercial banking or securities settlement or clearances services shall have occurred such as to make it, in the judgment of the Underwriter, impractical or inadvisable to proceed with the offering of the Bonds as contemplated in the Official Statement; (8) a downgrading or suspension of any rating (without regard to credit enhancement) of any securities issued by the District, or (ii) there shall have been any official statement as to a possible downgrading (such as being placed on “credit watch” or “negative outlook” or any similar qualification) of any rating by Moody’s, S&P or Fitch of any securities issued by the District, including the Bonds; (9) any amendment to the federal or State Constitution or action by any federal or State court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the District, its property, income, securities (or interest thereon), the validity or enforceability of the Bonds; or (10) there shall have occurred any material adverse change in the affairs or financial condition of the District. (e) Delivery of Documents. At or prior to the date of the Closing, the Underwriter shall receive copies of the following documents satisfactory in form and substance to the Underwriter: (1) Opinion of Bond Counsel. (i) The approving opinion of Bond Counsel with respect to the Bonds, dated the Closing Date and addressed to the District and the County, substantially in the form attached as Appendix D to the Preliminary Official Statement; and (ii) a reliance letter from Bond Counsel to the effect that the Underwriter can rely upon such opinions; (2) Supplemental Opinion of Bond Counsel. A supplemental opinion of Bond Counsel addressed to the District, the County and the Underwriter; dated as of the Closing Date, substantially to the following effect: (A) the description of the Bonds and the security for the Bonds and statements in the Preliminary Official Statement on the cover thereof and under the captions “INTRODUCTION,” “THE BONDS,” “SECURITY AND SOURCES OF REPAYMENT FOR THE BONDS,” “TAX MATTERS – TAX-EXEMPT BONDS” “TAX MATTERS – TAXABLE BONDS,” and the first paragraph under the caption “LEGAL MATTERS – Continuing Disclosure” to the extent they purport to summarize certain provisions of the Bonds, the Resolutions, the Continuing Disclosure Certificate and the form and content of Bond Counsel’s approving opinion with 17 respect to the treatment of interest on the Bonds under State, fairly and accurately summarize the matters purported to be summarized therein; provided that Bond Counsel need not express any opinion with respect to (i) any information contained in Appendices A, C, E, F or G to the Preliminary Official Statement, (ii) financial or statistical data or forecasts, numbers, charts, estimates, projections, assumptions or expressions of opinion contained in the Preliminary Official Statement, including in any of the appendices thereto, (iii) information with respect to The Depository Trust Company or its book-entry only system included therein, (iv) any CUSIP numbers or information relating thereto, (v) the District’s compliance with its obligations to file annual reports or provide notice of the events described in Rule 15c2-12 promulgated under the Securities Act of 1934, (vi) any information with respect to the Underwriter or underwriting matters with respect to the Bonds, including but not limited to information under the caption “UNDERWRITING,” and (vii) any information with respect to the ratings on the Bonds and the rating agencies referenced therein, including but not limited to information under the caption “RATING;1” (B) the description of the Bonds and the security for the Bonds and statements in the Official Statement on the cover thereof and under the captions “INTRODUCTION,” “THE BONDS,” “SECURITY AND SOURCES OF REPAYMENT FOR THE BONDS,” “TAX MATTERS – TAX-EXEMPT BONDS” “TAX MATTERS – TAXABLE BONDS,” and the first paragraph under the caption “LEGAL MATTERS – Continuing Disclosure” to the extent they purport to summarize certain provisions of the Bonds, the Resolutions, the Continuing Disclosure Certificate and the form and content of Bond Counsel’s approving opinion with respect to the treatment of interest on the Bonds under State, fairly and accurately summarize the matters purported to be summarized therein; provided that Bond Counsel need not express any opinion with respect to (i) any information contained in Appendices A, C, E, F or G to the Official Statement, (ii) financial or statistical data or forecasts, numbers, charts, estimates, projections, assumptions or expressions of opinion contained in the Official Statement, including in any of the appendices thereto, (iii) information with respect to The Depository Trust Company or its book-entry only system included therein, (iv) any CUSIP numbers or information relating thereto, (v) the District’s compliance with its obligations to file annual reports or provide notice of the events described in Rule 15c2-12 promulgated under the Securities Act of 1934, (vi) any information with respect to the Underwriter or underwriting matters 1 Opinion will also carve out specific changes in non-pricing and non-preliminary information between the Preliminary Official Statement and the final Official Statement, if any. 18 with respect to the Bonds, including but not limited to information under the caption “UNDERWRITING,” and (vii) any information with respect to the ratings on the Bonds and the rating agencies referenced therein, including but not limited to information under the caption “RATING;” (C) the Continuing Disclosure Certificate and this Bond Purchase Contract have each been duly authorized, executed and delivered by the District and, assuming the due authorization, execution and delivery by the other parties thereto, constitute legal, valid and binding agreements of the District enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights and except as their enforcement may be subject to the application of equitable principles and the exercise of judicial discretion in appropriate cases if equitable remedies are sought and by the limitations on legal remedies against public agencies in the State; (D) the Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended, and the Resolutions are exempt from qualification as indentures pursuant to the Trust Indenture Act of 1939, as amended; (E) the District is a unified school district validly existing under the Constitution and the laws of the State; (F) the District has the full right and lawful authority to enter into and perform its duties and obligations under the Resolutions, the Continuing Disclosure Certificate and this Bond Purchase Contract and to authorize the issuance and sale of the Bonds; (G) to the actual knowledge of the attorneys in our firm rendering legal services in connection with the representation of the District, and based solely on certifications from the District, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or public body, pending, or to such counsel’s knowledge, threatened against the District contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement or the due adoption of the District Resolution, and there is no breach or default by the District under any other instruments which is caused by the issuance of the Bonds or the execution and delivery of this Bond Purchase Contract or the Continuing Disclosure Certificate; and 19 (H) the Preliminary Official Statement and the Official Statement have been duly approved by the District; (3) Disclosure Counsel Letter. A letter of Disclosure Counsel dated as of the Closing Date and addressed to the District, accompanied by a reliance letter from Disclosure Counsel to the effect that such opinion may be relied upon by the Underwriter with the same effect as if such opinion were addressed to them, substantially to the effect that based on such counsel’s participation in conferences with representatives of the Underwriter, the municipal advisor to the District, the District and others, during which conferences the contents of the Preliminary Official Statement and the Official Statement and related matters were discussed, and in reliance thereon and on the records, documents, certificates and opinions described therein, such counsel advises the District, as a matter of fact and not opinion, that during the course of its engagement as Disclosure Counsel no information came to the attention of such counsel’s attorneys rendering legal services in connection with such representation which caused such counsel to believe that the Preliminary Official Statement as of its date and as of [Pricing Date] and the Official Statement as of its date contained, or as of the Closing Date contains, any untrue statement of a material fact or as of its date omitted, or as of the Closing Date omits, to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (provided that Disclosure Counsel need not express any opinion with respect to (i) any information contained in Appendices C, E, F or G to the Preliminary Official Statement and the Official Statement, (ii) financial, statistical, economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, valuations, appraisals, or absorption, real estate or environmental matters or the Contra Costa County Pooled Surplus Investments contained in the Preliminary Official Statement and the Official Statement, including in any of the appendices thereto, (ii) information with respect to DTC or its book-entry only system included therein, (iii) any CUSIP numbers or information relating thereto, (iv) any information with respect to the Underwriter or underwriting matters with respect to the Bonds, including but not limited to information under the caption “UNDERWRITING,” and (v) any information with respect to the ratings on the Bonds and the rating agencies referenced therein, including, but not limited to, information under the caption “RATING,” as to which such counsel need express no opinion or view; (4) Certificate of the District. A certificate signed by appropriate officials of the District to the effect that (i) such officials are authorized to execute this Bond Purchase Contract, the Official Statement and the Continuing Disclosure Certificate, (ii) the representations, agreements and warranties of the District herein are true and correct in all material respects as of the date of Closing, (iii) the District has complied with all the terms of the Resolution and this Bond Purchase Contract to be complied with by the District prior to or concurrently with the Closing, and, as to the District, such documents are in full force and effect, (iv) such District officials have reviewed the Official Statement and on such basis certify that the Official Statement as of its date and as of the Closing Date did not and does not 20 contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, (v) the Bonds being delivered on the date of the Closing to the Underwriter under this Bond Purchase Contract substantially conform to the descriptions thereof contained in the District Resolution, (vi) no event concerning the District has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement thereto, but should be disclosed in order to make the statements in the Official Statement in the light of the circumstances under which they were made not misleading, (vii) there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or public body, pending or, to the best knowledge of such officials, threatened against the District, contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement, the issuance of the Bonds by the District on behalf of the District or the due adoption of the District Resolution; (viii) there is no breach or default by the District under any other instruments which is caused by the issuance of the Bonds or the execution and delivery of this Bond Purchase Contract or the Continuing Disclosure Certificate, and (ix) each of the conditions listed in this Bond Purchase Contract required to be satisfied by the District has been satisfied on the date thereof and the District is not aware of any other condition of this Bond Purchase Contract that has not been satisfied on the date thereof; (5) a certificate signed by an appropriate official of the County to the effect that (i) such official is authorized to execute and to approve the County Documents; (ii) the representations, agreements and warranties of the County herein are true and correct as of the date of Closing; (iii) the County has complied with all the terms of the County Documents to be complied with by the County prior to or concurrently with the Closing; (iv) to the best of the County’s knowledge, no litigation is pending (with service of process having been accomplished) or threatened (either in State or federal courts): (A) seeking to restrain or enjoin the execution, sale or delivery of any of the Bonds, (B) in any way contesting or affecting the authority for the execution, sale or delivery of the Bonds or this Bond Purchase Contract, or (C) in any way contesting the existence or powers of the County; (v) each of the conditions listed in Section 13 of this Bond Purchase Contract required to be satisfied by the County has been satisfied on the date thereof and the County is not aware of any other condition of this Bond Purchase Contract that has not been satisfied on the date thereof; and (vii) the Bonds being delivered on the date of the Closing to the Underwriter under this Bond Purchase Contract substantially conform to the descriptions thereof contained in the County Resolution and this Bond Purchase Contract; (6) Rating. Evidence satisfactory to the Underwriter that the rating described in the Official Statement is in full force and effect as of the Closing Date [to be revised if there is bond insurance]; 21 (7) Resolutions. (i) A certificate, together with fully executed copy of the District Resolution, of the Secretary to or Clerk of the District Board of Education to the effect that: (A) such copy is a true and correct copy of the District Resolution; and (B) that the District Resolution was duly adopted and has not been modified, amended, rescinded or revoked and is in full force and effect on the date of the Closing; (ii) an original or copy of the County Resolution, certified by the Clerk of the Board of Supervisors of the County; (8) Deemed Final Certificate. A certificate of the appropriate official of the District evidencing his or her determinations respecting the Preliminary Official Statement in accordance with the Rule; (9) Continuing Disclosure Certificate. An executed copy of the Continuing Disclosure Certificate, substantially in the form presented in the Preliminary Official Statement and the Official Statement as Appendix D thereto, along with evidence satisfactory to Disclosure Counsel and the Underwriter that the District is in compliance with its disclosure obligations under the Rule; (10) Certificate of the Paying Agent. A certificate of Paying Agent, signed by a duly authorized officer thereof, and in form and substance satisfactory to the Underwriter, substantially to the effect that, no litigation is pending or, to the best knowledge of the Paying Agent, threatened (either in state or federal courts) (i) seeking to restrain or enjoin the delivery by the Paying Agent of any of the Bonds, or (ii) in any way contesting or affecting any authority of the Paying Agent for the delivery of the Bonds or the validity or enforceability of the Bonds or any agreement with the Paying Agent; (11) Underwriter’s Counsel Opinion. An opinion of Hawkins Delafield & Wood LLP, counsel to the Underwriter (“Underwriter’s Counsel”), dated as of the Closing, and in a form and substance satisfactory to the Underwriter; (12) Tax Certificate. A tax certificate of the District in form satisfactory to Bond Counsel with respect to the Tax-Exempt Bonds; (13) [Opinion of Counsel to the Bond Insurer. An opinion of Counsel to Bond Insurer to the effect that the information in the Official Statement under the caption “Bond Insurance” was as of the date of the Official Statement and is as of the date of Closing Date true and correct in all material respects and such information did not and does not contain any untrue or misleading statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;] 22 (14) [Bond Insurance Policy. A certified copy of the Bond Insurance Policy issued by the Bond Insurer; and] (15) the opinion of counsel for the County (“County Counsel”), as counsel to the Board of Supervisors, addressed to the County, the District, and the Underwriter, dated the Closing Date, in the form of the opinion attached hereto as Exhibit C; (16) Other Documents. Such additional legal opinions, certificates, proceedings, instruments and other documents as Bond Counsel or the Underwriter may reasonably request to evidence compliance (i) by the County and the District with legal requirements, (ii) the truth and accuracy, as of the time of Closing, of the representations of the County and the District herein contained and of the Official Statement, and (iii) the due performance or satisfaction by the County and the District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the District. (f) Termination. Notwithstanding anything to the contrary herein contained, if for any reason whatsoever the Bonds shall not have been delivered by the District to the Underwriter as provided in Section 6 herein, then the obligation to purchase Bonds hereunder shall terminate and be of no further force or effect except with respect to the obligations of the District and the Underwriter under Section 14 hereof. If the County and/or the District is unable to satisfy the conditions to the Underwriter’s obligations contained in this Bond Purchase Contract or if the Underwriter’s obligations shall be terminated for any reason permitted by this Bond Purchase Contract, this Bond Purchase Contract may be cancelled by the Underwriter at, or at any time prior to, the time of Closing. Notice of such cancellation shall be given to the County and the District in writing, or by telephone or telegraph, confirmed in writing. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the County and the District hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriter may be waived by the Underwriter in writing at its sole discretion. 12. Conditions to Obligations of the District. The performance by the County and the District of their obligations is conditioned upon (i) the performance by the Underwriter of its obligations hereunder; and (ii) receipt by the District and the Underwriter of opinions and certificates being delivered at the Closing by persons and entities other than the District. 13. Expenses. (a) To the extent that the transactions contemplated by this Bond Purchase Contract are consummated, the District shall pay, and the Underwriter shall have no obligation to pay, the following expenses incident to the issuance of the Bonds: (i) the cost of the preparation and reproduction of the Resolutions; (ii) the fees and disbursements of Bond Counsel, Disclosure Counsel and the District’s municipal advisor; (iii) the cost of the preparation, printing and delivery of the Bonds; (iv) the fees for the Bonds’ ratings; (v) the cost of the printing and distribution of the Preliminary Official Statement and the Official Statement; (vi) the initial fees, if any, of the Paying Agent and Fiscal Agent (defined below); (vii) the fees and expenses of the County; (viii) expenses for travel, lodging, and subsistence related to rating agency visits and other 23 meetings connected to the authorization, sale, issuance and distribution of the Bonds; [(ix) the costs associated with the Bond Insurance Policy,] and (x) all other fees and expenses incident to the issuance and sale of the Bonds. [The Underwriter is hereby directed to wire at the Closing a portion of the Purchase Price of the Bonds equal to $[Net Purchase Price] to U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”), and a portion of the Purchase Price of the Bonds equal to $[Bond Premium] to the Bond Insurer, in each case on behalf of the District, for the payment of the above-described costs. In the event that following payment of the expenses set forth above, there is any portion remaining, such remaining amount shall be deposited into the Debt Service Fund.] (b) Notwithstanding any of the foregoing, the Underwriter shall pay all out-of- pocket expenses of the Underwriter, including the California Debt and Investment Advisory Commission fee, the fees of Underwriter’s Counsel, and other expenses (except those expressly provided above) without limitation, except travel and related expenses in connection with the Bonds’ ratings. (c) Notwithstanding Section 10(f) hereof, the District hereby agrees, in the event the purchase and sale of the Bonds does not occur as contemplated hereunder, to reimburse the Underwriter for any costs described in Section 12(a)(vii) above that are attributable to District personnel. (d) The District acknowledges that it has had an opportunity, in consultation with such advisors as it may deem appropriate, if any, to evaluate and consider the fees and expenses being incurred as part of the issuance of the Bonds. 14. Notices. Any notice or other communication to be given under this Bond Purchase Contract (other than the acceptance hereof as specified in the first paragraph hereof) may be given by delivering the same in writing, if to the County, to Board of Supervisors, County of Contra Costa, 651 Pine Street, Martinez, California 94553, attention: _____________, if to the District, to West Contra Costa Unified School District, 1400 Marina Way, Richmond, California 94801, attention: Luis Freese, Associate Superintendent, or if to the Underwriter, c/o J.P. Morgan Securities LLC, 1415 L Street, Floor 6, Sacramento, California 95814, attention: Tyler Old, Executive Director. 15. Parties in Interest; Survival of Representations and Warranties. This Bond Purchase Contract, when accepted by the County and the District in writing as heretofore specified, shall constitute the entire agreement among the County, the District and the Underwriter. This Bond Purchase Contract is made solely for the benefit of the County, the District and the Underwriter (including the successors or assigns of the Underwriter). No person shall acquire or have any rights hereunder or by virtue hereof. All the representations, warranties and agreements of the County and the District in this Bond Purchase Contract shall survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriter, (b) delivery of and payment by the Underwriter for the Bonds hereunder, and (c) any termination of this Bond Purchase Contract. 24 16. Severability. In the event any provision of this Bond Purchase Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 17. Division of Responsibility Between District and County. It is specifically acknowledged and agreed by and between the District and the County that the County shall have no responsibility or liability to ensure or provide compliance with those provisions of the Bond Purchase Contract which are to be performed solely by the District and the District shall have no responsibility or liability to ensure or provide compliance with those provisions of this Bond Purchase Contract which are to be performed solely by the County. 18. Execution in Counterparts. This Bond Purchase Contract may be executed in several counterparts each of which shall be regarded as an original and all of which shall constitute but one and the same document. The parties further agree that facsimile signatures or signatures scanned into PDF format (or signatures in another electronic format designated by the District) and sent by e-mail shall be deemed original signatures. [Signature Page to Bond Purchase Contract] 18. Applicable Law. This Bond Purchase Contract shall be interpreted, governed and enforced in accordance with the laws of the State applicable to contracts made and performed in such State. Very truly yours, J.P. MORGAN SECURITIES LLC, as Underwriter By: Executive Director The foregoing is hereby agreed to and accepted at ___________ p.m., as of the date first above written: COUNTY OF CONTRA COSTA By: Name: Title: WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT By: Authorized Signatory A-1 EXHIBIT A MATURITY SCHEDULE AND REDEMPTION PROVISIONS WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) $[Tax-Exempt New Money Par] General Obligation Bonds, 2020 Election, 2024 Series B Maturity (August 1) Principal Amount Interest Rate Yield Price 10% Test Satisfied Hold The Offering Price $ % % (1) Insured under the Bond Insurance Policy. C Priced to call at par on August 1, 20__. A-2 WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) $[Taxable New Money Par] General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) Maturity (August 1) Principal Amount Interest Rate Yield Price 10% Test Satisfied Hold The Offering Price $ % % (1) Insured under the Bond Insurance Policy. C Priced to call at par on August 1, 20__. A-3 Redemption Provisions [To be updated along with POS] Optional Redemption of the Bonds. The Bonds maturing on or after August 1, 20___, are subject to redemption prior to their respective stated maturity dates, at the option of the District, from any source of available funds, as a whole or in part on any date on or after August 1, 20 ___, at a redemption price equal to the principal amount of such Bonds called for redemption, together with interest accrued thereon to the date of redemption, without premium. Mandatory Sinking Fund Redemption of the Bonds. The Bonds maturing on August 1, 20___, are subject to mandatory redemption on August 1 in each of the years and in the respective principal amounts as set forth in the following schedule, at a redemption price equal to 100% of the principal amount thereof to be redeemed, together with interest accrued thereon to the date fixed for redemption, without premium: Mandatory Sinking Fund Payment Date (August 1) Mandatory Sinking Fund Payment (1) Final maturity. B-1 EXHIBIT B FORM OF CERTIFICATE OF UNDERWRITER (10% Rule and Hold-the-Offering-Price Rule to Apply) ISSUE PRICE CERTIFICATE OF THE UNDERWRITER WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) $[Tax-Exempt New Money Par] General Obligation Bonds, 2020 Election, 2024 Series B The undersigned, on behalf of J.P. Morgan Securities LLC (the “Underwriter”) hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the “Bonds”). THE UNDERSIGNED HEREBY CERTIFY AS FOLLOWS: 1. The undersigned is authorized to execute this certificate on behalf of the Underwriting Group. 2. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Ma turity of Bonds was sold to the Public is the respective price listed in Schedule A. 3. Initial Offering Price of the Hold-the Offering-Price Maturities. (a) The Underwriter offered the Hold-the-Offering-Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B. (b) As set forth in the Bond Purchase Contract, dated [Pricing Date], between the Underwriter and the Issuer (herein defined), the Underwriter has agreed in writing that (i) for each Maturity of the Hold-the-Offering-Price·Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker - dealer who is a party to the retail distribution agreement, to comply with the hold-the-offering- price rule. Neither the Underwriter nor its Retail Distribution Partners have]offered or sold any Hold-the-Offering Price Maturity of the Bonds at a price that is higher than the respective Initial Offering Price for that Hold-the-Offering-Price Maturity of the Bonds during the Holding Period. B-2 4. Defined Terms. (a) General Rule Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “General Rule Maturities.” (b) Hold-the-Offering-Price Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “Hold-the-Offering-Price Maturities.” (c) Holding Period means, with respect to a Hold-the-Offering Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date ([Pricing Date]), or (ii) the date on which the Underwriter has sold at least 10% of such Hold-the Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity. (d) Issuer means the West Contra Costa Unified School District. (e) Maturity means Bonds with the same credit and prepayment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (f) Public means any person (including an individual, trust, estate, partnership, association, company or corporation) other than an Underwriter or a Related Party to an Underwriter. (g) Related Party means if an Underwriter and such entity are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (h) Retail Distribution Partners means [Charles Schwab & Co., Inc. and LPL Financial LLC.] (i) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is [Pricing Date]. (j) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). B-3 The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Underwriter’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate relating to the Bonds, to which this certificate is attached as an exhibit, and with respect to compliance with the federal income tax rules affecting the Bonds, and by Nixon Peabody, LLP, as bond counsel, in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Forms 8038 and 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Dated: [Closing Date]. J.P. MORGAN SECURITIES LLC By: Authorized Signatory B-4 SCHEDULE A SALE PRICES OF THE GENERAL RULE MATURITIES AND INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES (Attached) C-1 EXHIBIT C FORM OF COUNTY COUNSEL OPINION [Closing Date] County of Contra Costa Martinez, California Board of Education West Contra Costa Unified School District Richmond, California J.P. Morgan Securities LLC Sacramento, California $_________ WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, 2020 Election, 2024 Series B $__________ WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, 2020 Election, 2024 Series C (Federally Taxable) Ladies and Gentlemen: This opinion is rendered and delivered in connection with the issuance by the Board of Supervisors of the County of Contra Costa (the “County”) on behalf of the West Contra Costa Unified School District (the “District”) of: (a) $__________ aggregate principal amount of the District’s General Obligation Bonds, 2020 Election, 2024 Series B (the “Series B Bonds”) and (b) $___________ aggregate principal amount of the District’s General Obligation Bonds, 2020 Election, 2024 Series C (the “Series C Bonds,” and together with the Series B Bonds, the “Bonds”). The Bonds are being issued pursuant to a resolution of the Board of Supervisors of the County adopted on __________, 2024 (the “County Resolution”), at the request of the District made pursuant to a resolution of the Board of Education of the District adopted on September 11, 2024 (the “District Resolution”). C-2 In rendering this opinion, we have reviewed the County Resolution, the District Resolution, the Bond Purchase Agreement, dated _______, 2024 (the “Purchase Agreement”), by and among the County, the District and J.P. Morgan Securities LLC, and other such documents, records and instruments and made such investigations of law and fact as we have deemed necessary to render the opinions expressed herein. The County Resolution, the Bonds, and the Purchase Agreement are collectively referred to herein as the “County Documents.” Under existing law and based upon the foregoing, we are of the opinion s that: 1. The County is a political subdivision, organized and operating under the Constitution and laws of the State of California. 2. The County Resolution approving and authorizing the execution and delivery of the Purchase Agreement and the sale and issuance of the Bonds was duly adopted at a meeting of the Board of Supervisors of the County, which was called and held pursuant to law, with all public notice required by law and at which a quorum was present and acting throughout and the County Resolution has not been rescinded, modified or amended and is in full force and effect. 3. To the best knowledge of County Counsel, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, public authority or body, pending or threatened against the County in which service of process has been completed (a) affecting the existence of the County or the titles of its officers who have acted with respect to the proceedings for issuance and sale of the Bonds to their respective offices; (b) seeking to prohibit, restrain or enjoin the execution, delivery or performance of this Purchase Agreement or the issuance of the Bonds or in any way contesting or affecting the validity or enforceability of the County Documents; or (c) contesting the powers of the County or its authority to enter into, adopt or perform its obligations under the County Documents. 4. The Purchase Agreement has been duly authorized, executed and delivered by the County and the Bonds have been duly authorized by the County, executed by the County on behalf of the District and delivered by the County and, assuming due authorization, execution and delivery by the other parties thereto, the Purchase Agreement constitutes a legal, valid and binding obligation of the County enforceable against the County in accordance with its terms. Notwithstanding anything to the contrary herein: (a) I expressly decline to render any opinion regarding the content of the Bonds, or any disclosure of any kind made in connection with the Bonds. (b) I expressly decline to render any opinion regarding the taxability or tax effect (under both state and federal law) of the transactions that are subject of this opinion letter. (c) I expressly decline to render any opinion with respect to the validity or perfection of any lien or security interested created under the County Documents. C-3 (d) This opinion is based on the existing laws of the State of California as of this date; and I expressly decline to render any opinion as to any laws or regulations of other states or jurisdictions (including federal law and regulations) as they may pertain to the County Documents or any transactions contemplated thereby, or with respect to the effect of noncompliance under any such laws or regulations or any other jurisdictions including federal law regulations, and blue sky laws. (e) This opinion is furnished to the addressees hereof and is solely for its benefit. It may not be relied upon by any other person or entity however organized. (f) This opinion may only be used in connection with the transactions contemplated by the County Documents. (g) This opinion is given as of this date, and I expressly decline any undertaking to advise you of any matters arising subsequent to the date hereof that would cause me to amend any portion of the foregoing in whole or in part. (h) The opinions set forth herein are subject to applicable limitations of bankruptcy or equitable principles affecting the enforcement of creditor's rights. The enforcement of the County Documents is subject to the effect of the general principles of equity, including, without limitation, concepts of materiality, reasonableness, good faith or fair dealing, and the possibility of the unavailability of specific performance or injunctive relief, regardless of whether considered in a proceeding in equity or at law, and to the exercise of judicial discretion in appropriate cases and to the limitations on legal remedies against entities in the State of California. Please be advised that I am not Bond Counsel for the Bonds and have no expertise in matters related to or in connection with the issuance of the Bonds. Very truly yours, Thomas L. Geiger County Counsel By: _________________________________ Assistant County Counsel