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HomeMy WebLinkAboutMINUTES - 10/21/2025 - BOS Comp Min PktMeeting Minutes CONTRA COSTA COUNTY BOARD OF SUPERVISORS Supervisor John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Ken Carlson, District IV Supervisor Shanelle Scales-Preston, District V Clerk of the Board (925) 655-2000 clerkoftheboard@cob.cccounty.us 9:00 AMTuesday, October 21, 2025 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 Shanelle Scales-Preston Present: 2.PLEDGE OF ALLEGIANCE 3.CLOSED SESSION A.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) 1.Agency Negotiators: Monica Nino. Employee Organizations: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU Locals 1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra Costa County Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE, Local 21; and Teamsters Local 856. 2.Agency Negotiators: Monica Nino. Unrepresented Employees: All unrepresented employees. 4.Inspirational Thought- Page 1 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 "Education is one of the most important building blocks for success, and quality learning and development in the earliest years makes a world of difference in the lives of our children." – Rep. Tom Cole 5.CONSIDER CONSENT ITEMS (Items listed as C.1 through C.138 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor. Items removed from the Consent Calendar will be considered with the Discussion Items. 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 Scales-Preston Aye: Result:Passed 6.PRESENTATIONS PR.1 PRESENTATION recognizing October 20, 2025 as Community Media Day. (Kristi Jourdan, Communication and Media Director) PR.2 PR.3 PR.4 7.DISCUSSION ITEMS D.1.HEARING to consider approving the Camino Pablo Residential Subdivision Project, a 13-unit single-family residential development located near the Camino Pablo and Tharp Drive intersection in the unincorporated Moraga area, including approving a General Plan amendment, rezoning ordinance, vesting tentative map, and preliminary and final development plan; consider adopting the mitigated negative declaration prepared for the project and taking related actions under the California Environmental Quality Act; and consider approving a community benefits agreement related to the project (County File Nos. CDGP21-00004, CDRZ23-03270,CDSD23-09646) (Benoit McVeigh, dK Engineering, Applicant; Dobbins Properties, LLC, Owners). (Adrian Veliz and Ruben Hernandez, Department of Conservation and Development) Attachments:01 CDSD23-09646 Findings and COA 02 Ordinance 2025-16 03 Maps and Plans 04 CDSD23-09646 IS_FINAL10.15.25 Page 2 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 05 Final MMRP_10.09.25 06 Final MND Response to Comments 07 CPC Staff Report 08 PowerpointPresentation 09 Camino Pablo Subdivision Community Benefits Agreement (10.16.25) Public comments: Richard Drury, Deanna Sheehan, Steven Matsuoka, Mike Whisnant, Kathyn Brown. Motion:Andersen BurgisSecond: Aye: District I Supervisor GioiaAbsent: Result:Passed D.2.HEARING to consider an appeal of the County Planning Commission’s approval of a tree permit to remove three code-protected oak trees to allow for the construction of a residential ground-mounted solar energy system at 19 Jay Court in the Alamo area, and to consider approving the tree permit and related actions (ArborTech Tree Care Inc., Applicant) (Bruce & Grace Ginn, Owners) (Robert Eisele, Appellant) (Judy Huggins, Heidi Welsh, and Tony Kalliaras on behalf of Bryan Ranch Homeowners, Appellants). (Jennifer Cruz, Department of Conservation and Development) 25-4443 Attachments:Attachment A - Findings and COA_final-modified CDTP24-00064 Attachment B - Robert Eisele Appeal Letter CDTP24-00064 Attachment C - Judy Huggins Appeal Letter CDTP24-00064 Attachment D - Maps CDTP24-00064 Attachment E - Project Plans CDTP24-00064 Attachment F - Notice of Tentative Approval CDTP24-00064 Attachment G - CPC Staff Report CDTP24-00064 CDTP24-00064 BOS Presentation Public comments: Kathy Chiverton, Valerie Schooley, Clemens Grossinsky, Kenneth Brans, Hugo Bugarini. District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Scales-Preston Aye: District I Supervisor GioiaAbsent: Result:Passed D.3.HEARING to consider an appeal of the County Planning Commission’s approval of a development plan and Kensington design review to allow for the construction of a new, approximately 1,780-square-foot, single-family residence located at 279 Colusa Avenue in the unincorporated Kensington 25-4454 Page 3 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 area (County File No. CDDP24-03060) (Thomas Biggs, Applicant; Robel Asefaw, Owner) (David and Sandra Gerstel, Appellants). (Everett Louie, Department of Conservation and Development) Attachments:Attachment A CDDP24-03060 Findings Attachment B CDDP24-03060 Plans Attachment C CDDP24-03060 BOS Appeal Letter date stamped1.pdf Attachment D CDDP24-03060 Zoning Administrator Staff Report Attachment E CDDP24-03060 County Planning Commission Staff Report.pdf Attachment F - Additional Public Comment Attachment G CDDP24-03060 BOS Presentation Attachment A FINAL conditions as approved by the Board of Supervisors on 10-21-25 Public comment: Phoebe Kwan, Ralph Leighton, Cassandra Duggan, Athan Maggans, Peter Magganas, Michaela Gough. Motion:Gioia District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Scales-Preston Aye: Result:Passed D.4.CONSIDER adopting the proposed 2026 meeting schedule for the Contra Costa County Board of Supervisors, including the cancellation of those meetings at which it is anticipated that there will not be a quorum of Board members present, as well as noting the dates for the specific events planned for the year. (Monica Nino, County Administrator) 25-4444 Attachments:BOS Schedule 2026 DRAFT BOS Schedule 2026 FINAL District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Scales-Preston Aye: Result:Passed D.5.CONSIDER accepting the monthly update on the activities and oversight of the County's Head Start Program and provide guidance; APPROVE and AUTHORIZE the Employment and Human Services Department to submit a carryover application to Office of Head Start (100% Federal); APPROVE the FY25-26 Head Start Planning Calendar; and ACCEPT the FY24-25 Self-Assessment Report. (Marla Stuart, Employment and Human Services Director) 25-4445 Attachments:October 2025 BOS Early Childhood Education Update 1. FY25-26 Head Start Planning Calendar Page 4 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 2. 2025 Head Start Self-Assessment Report 4. ACF-OHS-IM-25-06 Addressing Vacant Slots Due to Chronic Absenteeism in Head Start Programs 5. CCB-25-22 Utilization of Contract Dollars for Legal Fees 6. CCB-25-23 FY25-26 Child Care and Development Budget Overview and Guidance 7. CCB-25-24 Continuation of Reimbursement Based on Enrollment 8. New HSPPS Compliance Timeline and Analysis District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Scales-Preston Aye: Result:Passed D.6.RECEIVE the Sheriff's Oversight Report for the quarter ending September 30, 2025. (David Livingston, Sheriff-Coroner) 25-4446 Attachments:2025 Q3 Quarterly Report to Board of Supervisors.pdf District I Supervisor Gioia, District II Supervisor Andersen, District III Supervisor Burgis, District IV Supervisor Carlson, and District V Supervisor Scales-Preston Aye: Result:Passed D.7 CONSIDER consent item previously removed. D.8 PUBLIC COMMENT (2 Minutes/Speaker) D.9 CONSIDER reports of Board members. 8.ADJOURN 9.CONSENT CALENDAR 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 Scales-Preston Aye: Result:Passed Airport C.1.APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Mark Melvin, for a south-facing T-hangar at Buchanan Field Airport effective September 12, 2025, in the monthly amount of $372, Pacheco area. 25-4324 Page 5 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 (100% Airport Enterprise Fund) Attachments:Hangar Rental Agreement A motion was made to approve the Consent Agenda. The motion carried by the following vote: Board of Supervisors C.2.ACCEPT Board members meeting reports for September 2025.25-4325 Attachments:District III September 2025 report.pdf District IV September 2025 report.pdf approved Clerk of the Board C.3.ADOPT Resolution No. 2025-344 declaring October 2025 as Head Start Awareness Month in Contra Costa County as recommended by the Employment and Human Services Director. RES 2025-344 Attachments:signed Res 2025-344 adopted C.4.ADOPT Resolution No. 2025-350 recognizing October 21, 2025 as Donna Arganbright Day in Contra Costa County as recommended by Supervisor Andersen. RES 2025-350 Attachments:signed Res 2025-350 adopted C.5.ADOPT Resolution No. 2025-351 proclaiming October 20, 2025, as “Community Media Day” in Contra Costa County, as recommended by the Director of the Office of Communications & Media. RES 2025-351 Attachments:signed Res 2025-351 adopted C.6.ADOPT Resolution No. 2025-345 proclaiming October 2025 as Cybersecurity Awareness Month in Contra Costa County, as recommended by the Chief Information Officer. (No fiscal impact) RES 2025-345 Attachments:signed Res 2025-345 adopted C.7.ADOPT Resolution No. 2025-346 proclaiming the week of October 18-25, 2025, as “California Flood Preparedness Week” in Contra Costa County, as recommended by the Public Works Director, Countywide. (No fiscal impact) RES 2025-346 Attachments:2025-10-21 C.7 Res 2025-346 adopted Page 6 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 C.8.ADOPT Resolution No. 2025-347 recognizing 2025 Orinda Volunteer of the Year Carlos Baltodano, as recommended by Supervisor Andersen. RES 2025-347 Attachments:signed Res 2025-347 adopted C.9.ADOPT Resolution No. 2025-348 recognizing 2025 Orinda Citizen of the Year Maggie Boscoe, as recommended by Supervisor Andersen. RES 2025-348 Attachments:signed Res 2025-348 adopted C.10 . ADOPT Resolution No. 2025-349 declaring September 15 through October 15, 2025 as LatinX Heritage Month in Contra Costa County, and Affirming the County's Commitment to the Safety, Dignity, and full participation of LatinX residents in all areas of public life, as recommended by Supervisor Scales-Preston. RES 2025-349 Attachments:signed Res 2025-349 adopted C.11 . APPOINT Michelle Cordis to the Public Works Director or designee seat on the Integrated Pest Management Advisory Committee with no term expiration, as recommended by the Health Services Director . 25-4328 approved C.12 . APPOINT Dr. Lee Ross, resident of Lafayette, to the District II Alternate Seat on the Measure X Community Advisory Board for a term ending December 31, 2026, as recommended by Supervisor Candace Andersen. 25-4329 approved C.13 . APPOINT Mary Sheila Driscoll to the City of Clayton’s local seat, Sonja Shepard to the City of Pittsburg’s local seat, Gerry La Londe-Berg to the Alternate #3 seat, Teresa Wright to the Alternate #4 seat, and Holly Frates to the At-Large #9 seat with terms expiring September 30, 2027; and REAPPOINT eighteen (18) members with terms expiring September 30, 2027 on the Advisory Council on Aging, as recommended by the Family and Human Services Committee. 25-4332 Attachments:Copy of ACOA Roster for FHS - Master Driscoll, Sheila (ACOA) 05-20-25 [D4]_Redacted Shepard, Sonja (ACOA) 9-12-2025 [D5]_Redacted Buckman, Chalo (ACOA) Redacted Evans, Candace (ACOA)_Redacted Fowler, Marilyn (ACOA) 2025 Redacted Goldhammer Alan (ACOA) 4-22-2024_Redacted Hayes, Michelle (ACOA) 2025 Redacted Kalm Denise (ACOA) 6.25.2025_Redacted Kleiner, Jill (ACOA)_Redacted Lopez, Nicola (ACOA) 2025 Redacted Page 7 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 Monroy-Dexter, Kathryn (ACOA) 2025 Redacted Morisky, Richard (ACOA) 2025_Redacted O'Toole, Brian (ACOA) 2025 Redacted Shaefer, Carol (ACOA) 2025 Redacted Van Ackren, Lorna (ACOA) 2025 Redacted Yee, Dennis (ACOA) 6.30.2025_Redacted Cesar Court_Advisory Council on Aging_Redacted Steven Freshman ACOA Application 7.2.2025 Redacted Sekhon, Indy 3.31.25 Redacted Wiener, Deborah (ACOA) 03-30-25 [D2]_Redacted Frates, Holly (ACOA) 03-30-25 [D4]_Redacted La Londe-Berg Gerard 6-18-25 Wright, Yanmei (ACOA) 05-24-25 [D4]_Redacted approved C.14 . APPOINT Leslie Brown, Mariah Bruce, Angela Butler-Owens, Rachel Corona, Loren Dalbert, Jon Green, Edward Harris, Bianca LaChaux, Walter McMath, Jalaima Nichols, Nnedi Obembe, LeJon Payne and Willie Robinson to the Ad Hoc African American Holistic Wellness and Resource Hub Transitional Community Advisory Body, as recommended by the Equity Committee. 25-4330 Attachments:Brown, Lesile (T-CAB, redacted, D1) Bruce, Mariah (T-CAB, redacted, D1) Butler Owens, Angela (T-CAB, redacted, D2) Corona, Rachel (T-CAB, redacted, D3) Dalbert, Loren (T-CAB, redacted, D5) Green, Jon (T-CAB, redacted, D4) Harris, Edward (T-CAB, redacted, D3) LaChaux, Bianca (T-CAB, redacted, D5) McMath, Walter (T-CAB, redacted, D1) Nichols, Jalaima (T-CAB, redacted, D5) Obembe, Nnedi (T-CAB, redacted, D4) Payne, LeJon (T-CAB, redacted, D5) Robinson, Willie (T-CAB, redacted, D1) approved C.15 . APPROVE Board meeting minutes for September 2025.25-4331 approved Clerk-Recorder/Elections C.16 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Antioch Unified School District to rent spaces at Black Diamond Middle School, Carmen Dragon Elementary, Dallas Ranch Middle School, Deer Valley High School, John Muir Elementary School, and Lone Tree Elementary School for a polling sites 25-4333 Page 8 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 for the November 4, 2025 Statewide Special Election. (No fiscal impact) approved C.17 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Skillcraft, Incorporated in the amount of $200 to rent the International Brotherhood of Electrical Workers Local 302 facilities for pollworker training and a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) 25-4334 approved C.18 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Brentwood to rent space at the Brentwood Community Center for pollworker training, early voting, and a polling site for the November 4, 2025 Statewide Special Election. (No fiscal impact) 25-4335 approved C.19 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Saint Matthew Lutheran Church to rent space on October 23, 2025 for pollworker training for the November 4, 2025 Statewide Special Election. (No fiscal impact) 25-4336 approved C.20 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the San Ramon Valley United Methodist Church in the amount of $1,200 to rent space at the Fireside Room and the Wesley Center Great Hall for Early Voting and a Polling Site for the November 4, 2025 Statewide Special Election. (100% General Fund) 25-4337 approved C.21 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Easter Hill United Methodist Church in the amount of $590 to rent space at the Mann-Swisher Hall and the parking lot for a depot location and a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) 25-4338 approved C.22 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Lafayette War Veterans, Inc., in an amount not to exceed $1,238 to rent space at the Lafayette Veterans Memorial Building for a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) 25-4339 approved C.23 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of San Ramon to rent spaces at the San Ramon City Hall, Amador Rancho Community Center, San Ramon 25-4340 Page 9 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 Community Center, Alcosta Senior and Community Center, and Dougherty Station Community Arts Center for pollworker training and polling sites for the November 4, 2025 Statewide Special Election. (No fiscal impact) approved C.24 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Acalanes Union High School District to rent space at Acalanes High School and Las Lomas High School for polling sites for the November 4, 2025 Statewide Special Election. (No fiscal impact) 25-4341 approved C.25 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Pinole to rent space at the Pinole Senior Center and the Pinole Youth Center for pollworker training and a polling site for the November 4, 2025 Statewide Special Election. (No fiscal impact) 25-4342 approved C.26 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of El Cerrito to rent space at the Hana Gardens Senior Center and the El Cerrito Community Center for polling sites for the November 4, 2025 Statewide Special Election. (No fiscal impact) 25-4343 approved C.27 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent space at the Antioch Community Center for pollworker training for the November 4, 2025 Statewide Special Election. (No fiscal impact) 25-4344 approved C.28 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Contra Costa Community College District to rent space at Diablo Valley College Parking Lot #9 Golf Club Rd for depot site for the November 4, 2025 Statewide Special Election. (No fiscal impact) 25-4345 approved C.29 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of San Pablo in the amount of $415 to rent space at the San Pablo Library for pollworker training for the November 4, 2025 Statewide Special Election. (100% General Fund) 25-4346 approved Page 10 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 C.30 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Pittsburg United Methodist Church in the amount of $200 to rent the West Hall for a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) 25-4347 approved C.31 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Oakley to rent space at the Oakley Recreation Center for a polling site for the November 4, 2025 Statewide Special Election. (No fiscal impact) 25-4348 approved C.32 . APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Blackhawk Country Club in the amount of $450 to rent the Falls Banquet Room for a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) 25-4349 approved Communications & Media C.33 . APPROVE Appropriation Adjustment No. BDA-25-00154 authorizing the transfer of current year fund balance of $50,000 to the Office of Communications & Media/CCTV for the purchase of studio and media related equipment to support productions and cable television channel management operations. 25-4350 Attachments:BDA-25-00154.pdf approved Conservation & Development C.34 . ADOPT Resolution No. 2025-362 authorizing the issuance of multifamily housing revenue bonds in one or more taxable or tax-exempt series, including a tax-exempt series in an amount not to exceed $29,238,977, and a taxable series in an amount not to exceed $8,000,000, to finance the acquisition and rehabilitation of an 84-unit multifamily residential rental housing development known as Riverhouse Hotel located at 700 Alhambra Avenue in Martinez, as recommended by the Conservation and Development Director. (100% Special Revenue funds) Attachments:Regulatory Agreement (Riverhouse Hotel), 4935-4989-7811_4 Funding Loan Agreement (Riverhouse Hotel), 4923-1763-8226_4 Borrower Loan Agreement (Riverhouse Hotel), 4906-0806-7411_5 adopted C.35 . APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents and take related actions to refinance outstanding loans secured by Riverhouse Associates, 25-4439 Page 11 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 L.P., provide additional County loan of $4,000,000 for the acquisition, conversion, and rehabilitation of an existing multifamily affordable rental housing development, known as Riverhouse Hotel, located at 700 Alhambra Avenue in the City of Martinez, and make related finding under the California Environmental Quality Act. (75% Federal, 25% Measure X) Attachments:Riverhouse Combined Promissory Note Riverhouse Development Loan Agreement Riverhouse Existing Loans Assignement Agreement Riverhouse HOME CDBG MX Regulatory Agreement Riverhouse Termination and Release of Regulatory Agreement Riverhouse Combined Deed of Trust approved C.36 . APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with East County Glass and Window, Inc., in an amount not to exceed $400,000 to provide windows, glass and/or sliding doors replacement services for the period October 7, 2025 through September 30, 2028. (100% State and Federal Weatherization Program funds) 25-4440 approved C.37 . APPROVE and AUTHORIZE a) the Purchasing Agent to execute, on behalf of the Department of Conservation and Development, a purchase order with Insight Public Sector, Inc., in an amount not to exceed $650,000 for the Departmental Enterprise Agreement with Microsoft for licensing renewal; and b) the Conservation and Development Director, or designee, to execute the Enterprise Enrollment Amendment and associated contract documents with Microsoft for software licenses for the period November 1, 2025 through October 31, 2028. (100% Land Development Fund) 25-4441 approved C.38 . INTRODUCE Ordinance No. 2025-19, adopting the 2025 California Building Standards Codes with changes, additions, and deletions; WAIVE reading; and FIX November 4, 2025 for a public hearing to consider adoption as recommended by the Conservation and Development Director. (No fiscal impact) 25-4442 Attachments:Ordinance No. 2025-19 Adoption of 2025 Building Code Findings - Ord. No. 2025-19 approved County Administration C.39 . APPROVE allocations of Supervisorial District IV Community Impact Funds in an aggregate amount of $474,625, as recommended by Supervisor Carlson. (100% General Fund) 25-4447 Page 12 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 Attachments:Staff Report w/ Footnotes (PDF) Attachment A - Community Impact Fund District IV Recommendations approved District Attorney C.40 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the District Attorney, a Software License Agreement with Pryme Infil, LLC in an amount not to exceed $7,875 for use of an emergency notification system, with operational efficiencies, that can prioritize alerts for child rescue situations, bypassing the Do Not Disturb feature on smart phones, for the period November 8, 2025 through November 7, 2026. (100% General Fund) 25-4351 approved Employment & Human Services C.41 . APPROVE and AUTHORIZE the Auditor-Controller, or designee, to make a payment of $248,188 to Summit Building Services, Inc., for custodial services provided at various Community Services Bureau facilities from July 1, 2023, to July 31, 2025, which exceeded the contract payment limit and were provided in good faith. (46% Federal, 54% State) 25-4352 approved C.42 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment, with the Contra Costa Family Justice Alliance, to increase the payment limit by $169,277, to a new payment limit of $206,594 and extend the term from December 31, 2025 to September 30, 2027, to provide services to prevent elder abuse services under the Enhanced Training and Services of the End Abuse in Later Life Program from the Department of Justice Office on Violence Against Women. (100% Federal). 25-4353 approved C.43 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Employment and Human Services Director a purchase order with authorized re-seller and service provider Impex Technologies, Inc. in an amount not to exceed $506,021 for the purchase of a Nutanix Hyperconverged server environment to add virtual server capacity, subject to Nutanix’s License and Services Agreement for the period October 1, 2025 through September 30, 2028. (54% Federal, 38% State, 8% County) 25-4354 approved C.44 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Choice in Aging in an 25-4355 Page 13 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 amount not to exceed $315,725 for the provision of capacity improving projects, including professional development and internal operation improvements, for the period July 1, 2025 through June 30, 2027. (100% Measure X) approved C.45 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board of Contra Costa County, to execute a contract with Food Bank of Contra Costa and Solano in an amount not to exceed $3,849,120 for the design, implementation and management of a comprehensive food security initiative for the period November 1, 2025 through October 31, 2028. (100% Measure X). 25-4356 approved C.46 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with The Regents of the University of California, for its Davis Center for Regional Change in an amount not to exceed $615,261 to implement a comprehensive evaluation for Contra Costa THRIVES Guaranteed Basic Income Program for the period October 1, 2025 through June 30, 2032. (75% Measure X, 25% AB 109) 25-4357 approved C.47 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with We Care Services for Children to increase the payment limit, by $56,228, to a new payment limit of $672,630 as a result of a rate increase for the Cost of Care Plus Program and a decrease in the number of California State Preschool Program Part-Day operational days with no change to the contract period July 1, 2024 through June 30, 2026. (100% State) 25-4358 approved C.48 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Richmond Elementary School dba Richmond College Prep School to increase the payment limit, by $121,440 to a new payment limit of $1,312,424 as a result of a rate increase for the Cost of Care Plus Program with no change to the contract period July 1, 2024, through June 30, 2026. (100% State) 25-4359 approved C.49 . APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a revenue agreement with Meals on Wheels of Contra Costa, Inc., to accept funds up to $1,598,775 for the Employment and Human Services Department Area Agency on Aging Senior Nutrition Program for home delivered meals for older adults for 25-4360 Page 14 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 the period August 1, 2025 through June 30, 2026. (100% Meals on Wheels of Contra Costa, Inc.) approved Health Services C.50 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with 3 Prong, in an amount not to exceed $6,000,000 to provide behavioral telehealth, partial hospitalization program and intensive outpatient services to Contra Costa Health Plan members and County recipients for the period June 1, 2025 through May 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) 25-4361 approved C.51 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Community Violence Solutions, to pay County an amount not to exceed $332,139 to support victims of human trafficking and sexual assault by increasing the number of Sexual Assault Nurse Evaluators (SANE) certified healthcare providers who will provide Sexual Assault Forensic Exams for adults and children in Contra Costa County for the period October 1, 2024 through September 30, 2027. (No County match) 25-4362 approved C.52 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Vapotherm, Inc., in an amount not to exceed $73,118 and related agreement for the purchase of High Velocity Therapy System 2.0, and repair and maintenance services for Contra Costa Regional Medical Center effective upon signature and for three years thereafter. (100% Hospital Enterprise Fund I) 25-4363 Attachments:VapoCare Service Agreement Capital Purchase Form approved C.53 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order amendment with Sanofi Pasteur Inc., to increase the payment limit by $150,000 to an amount not to exceed $725,000 for the purchase of vaccines and injectable medications at the Contra Costa Regional Medical Center and Contra Costa Health Centers with no change to the original term ending December 31, 2025. (100% Hospital Enterprise Fund I) 25-4364 approved C.54 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Wider Circle, Inc ., in an amount not to exceed 25-4365 Page 15 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 $300,000 to provide enrollment services for the Contra Costa Health Plan Dual Eligible Special Needs Plan for the period October 1, 2025 through September 30, 2027. (100% Contra Costa Health Plan Enterprise Fund II) approved C.55 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Arati Pratap, M .D., in an amount not to exceed $580,000 to provide gastroenterology services at Contra Costa Regional Medical Center and Health Centers for the period November 1, 2025 through October 31, 2028. (100% Hospital Enterprise Fund I) 25-4366 approved C.56 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase on behalf of the Health Services Director, up to 33 gift cards including shipping totaling an amount not to exceed $760 for clients participating in the Acute Communicable Disease Program for the period from October 1, 2025 through June 30, 2026. (100% Medi-Cal Waiver Program) 25-4367 approved C.57 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with People Who Care Children Association, in an amount not to exceed $425,379 to provide Mental Health Services Act prevention and early intervention services to at-risk youth in East Contra Costa County for the period July 1, 2025 through June 30, 2026. (100% Mental Health Services Act Prevention and Early Intervention) 25-4368 approved C.58 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Barsam Gharagozlou, MD, Inc., in an amount not to exceed $12,600,000 to provide pediatric primary care physician services for Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) 25-4369 approved C.59 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Taraneh Mostaghasi, MD Inc., in an amount not to exceed $3,900,000 to provide pediatric primary care physician services for Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) 25-4370 approved C.60 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Andre Jackson (dba Jackson Medical Service 25-4371 Page 16 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 Supplies & Equipment), in an amount not to exceed $300,000 to provide durable medical equipment services to Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) approved C.61 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Millbrae Medical Supply, Inc., in an amount not to exceed $800,000 to provide durable medical equipment services to Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) 25-4372 approved C.62 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Howard Orthopedics, Inc. in an amount not to exceed $300,000 to provide durable medical equipment services to Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) 25-4373 approved C.63 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Cotiviti, Inc ., in an amount not to exceed $3,000,000 to provide hosted software to analyze healthcare effectiveness and identify fraud, waste and abuse to the Contra Costa Health Plan for the period November 1, 2025 through October 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) 25-4374 approved C.64 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Computacenter United States Inc. in an amount not to exceed $1,963,779 for VMware licenses for the period June 30, 2025, through June 29, 2028 and execute the related agreement with Broadcom Government Solutions LLC. (100% Hospital Enterprise Fund I) 25-4375 Attachments:Foundation Agreement approved C.65 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Lifelong Medical Care, in an amount not to exceed $5,000,000 to provide primary care physician services including urgent care, acupuncture and specialty medical services for Contra Costa Health Plan members and County recipients for the period July 1, 2025 through June 30, 2026. (100% Contra Costa Health Plan Enterprise Fund II) 25-4376 Page 17 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 approved C.66 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Denis Mahar, PC, Professional Corporation, in an amount not to exceed $2,430,000 to provide cardiology services for Contra Costa Regional Medical Center and Health Centers for the period October 1, 2025 through September 30, 2028. (100% Hospital Enterprise Fund I) 25-4377 approved C.67 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Neogenomics Laboratories, Inc., in an amount not to exceed $650,000 to provide outside laboratory testing services for Contra Costa Regional Medical Center and Health Centers for the period September 1, 2025 through August 31, 2028. (100% Hospital Enterprise Fund I) 25-4378 approved C.68 . APPROVE a form Information Security Agreement and AUTHORIZE the Health Services Director, or designee, to execute the form agreement with healthcare information technology vendors so the vendor can disclose sensitive software system security information to the Health Services Department Chief Information Officer in advance of contracting with the County. (No fiscal impact) 25-4379 Attachments:Information Security Agreement approved C.69 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Christine Lee, MD, Inc ., A Professional Corporation (dba The Skin and Laser Treatment Institute), in an amount not to exceed $3,000,000 to provide dermatology and Mohs micrographic surgery services for Contra Costa Health Plan members and County recipients for the period September 1, 2025 through August 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) 25-4380 approved C.70 . APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $15,432 to Recover Medical Group, P.C., for additional alcohol and drug abuse prevention and treatment services provided during the period of January 1, 2025 through June 30, 2025, as recommended by the Health Services Director. (100% Federal Medi-Cal) 25-4381 approved C.71 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Golden Gate Urology, Inc., in an amount not to exceed $1,000,000 to provide urology services for Contra Costa Health Plan Members and County recipients for the period September 1, 25-4382 Page 18 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 2025 through August 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) approved C.72 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with STAT MED, P.C., A California Medical Professional Corporation (dba STAT MED Urgent Care), in an amount not to exceed $9,000,000 to provide urgent care medical services for Contra Costa Health Plan members and County recipients for the period October 1, 2025 through September 30, 2027. (100% Contra Costa Health Plan Enterprise Fund II) 25-4383 approved C.73 . ACCEPT the Contra Costa Health Plan (CCHP) Quality Improvement and Health Equity Committee Quarterly Activities Report for April through June of 2025, as recommended by the CCHP Joint Conference Committee. (No fiscal impact) 25-4384 Attachments:2025 Q2 QIHEC Quarterly Activities Report approved C.74 . ACCEPT the Contra Costa Health Plan (CCHP) Compliance Quarterly Activity Report for April through June of 2025, as recommended by the CCHP Joint Conference Committee. (No fiscal impact) 25-4385 Attachments:CCHP Compliance Activities Report Q2 2025 approved C.75 . APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Stryker Sales, LLC, in an amount not to exceed $47,238 and related agreement for the purchase of battery-powered hydraulic gurney equipment and repair and maintenance services for a period of five years, beginning two years after the date of delivery to the Contra Costa Regional Medical Center. (100% Hospital Enterprise Fund I) 25-4386 Attachments:Standard Terms of Sale approved C.76 . APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director and the Health Services Director on September 11 and 29, 2025, 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) 25-4387 Attachments:Provider Lists-September 11 and 29, 2025 approved C.77 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Abridge AI Inc, in an amount not to exceed 25-4388 Page 19 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 $2,180,080 for a hosted ambient clinician conversation documentation software system and maintenance and support services for Contra Costa Health for the period November 1, 2025 through October 31, 2028 and for successive one year terms thereafter until terminated. (100% Hospital Enterprise Fund I) approved C.78 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Fred Finch Youth Center, in an amount not to exceed $477,861 to provide a full-service partnership program under the Mental Health Services Act and mental health services for transitional age youth for the period July 1, 2025 through June 30, 2026. (100% Mental Health Services Act) 25-4389 approved C.79 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Crestwood Behavioral Health, Inc ., in an amount not to exceed $900,000 to provide skilled nursing facility services for Contra Costa Health Plan members and County recipients for the period June 1, 2025 through May 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) 25-4390 approved C.80 . APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Rainbow Community Center of Contra Costa County, in an amount not to exceed $940,693 to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services for the Lesbian, Gay, Bisexual, Transgender, Queer, Questioning and Intersex+ population in Contra Costa County for the period July 1, 2025 through June 30, 2026. (100% Mental Health Services Act Prevention and Early Intervention) 25-4391 approved C.81 . ACCEPT the Los Medanos Health Advisory Committee recommendations for Los Medanos Health Area Grants for 2025-2027. (100% Los Medanos Community Health Area Tax funds) 25-4392 approved C.82 . APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $23,619 to Forward Advantage Holdings, Inc. for additional software maintenance and support services provided to Contra Costa Health’s Information Systems Unit for the period March 1, 2024 through October 29, 2025, as recommended by the Health Services Director. (100% Hospital Enterprise Fund I) 25-4393 approved Housing Authority Page 20 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 C.83 . Acting as the governing board of the Contra Costa Housing Authority, ACCEPT the evaluation panel recommendation and AUTHORIZE the Housing Authority Executive Director to execute a contract with Zen Development Corporation and Structure Development Advisors, LLC, in an amount not to exceed $158,000 to provide financial consulting services for the Housing Authority’s Portfolio Refinance and Repositioning, Capital Improvement, and New Construction Plan for the period October 22, 2025 to October 22, 2027, with an option to extend one year. (Budgeted) 25-4286 approved Human Resources C.84 . INTRODUCE Ordinance No. 2025-012 amending the County Ordinance Code to exclude from the merit system the new classification of Children and Family Services Deputy Bureau Director, WAIVE READING and FIX November 4, 2025, for adoption. (No fiscal impact) 25-4394 Attachments:Ord 2025-12 add CFS Deputy Bureau Director to EHSD- October 2025.pdf approved C.85 . ADOPT Position Adjustment Resolution No. 26431 to reclassify one (1) Community Health Worker II position and its incumbent in the Health Services Department. (Cost increase- 100% Hospital Enterprise Fund I) 25-4395 Attachments:PAR 26431 approved C.86 . ADOPT Position Adjustment Resolution No. 26516 to establish the classification of Children and Family Services Deputy Bureau Director - Exempt (XAE0) (unrepresented) at salary plan and grade B85 1027 ($13,715.04 - $16,670.72) and reclassify one (1) EHS Deputy Bureau Director - Exempt (XAD2) position #17369 and its incumbent in the Employment and Human Services Department . 25-4396 Attachments:PAR for CFS Deputy Director Establish the Classification.pdf PAR C.86 10_21_25 approved C.87 . ADOPT Position Adjustment Resolution No. 26521 to cancel two (2) Child Nutrition Assistant-Project (98W4) positions #1059 and #1060 at salary plan and grade ($3,785 - $4,601), and two (2) Child Nutrition Cook-Project (98V2) positions #1225 and #1055 at salary plan and grade ($4,050 - $4,923), resulting in a layoff of the incumbents, effective October 21, 2025. 25-4397 Attachments:PAR 26521 approved Page 21 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 C.88 . ADOPT Position Adjustment Resolution No. 26439 to re-title the classification of Mailing Machine Operator (9XWD) to Finishing Worker (9XWD); reclassify one (1) Bindery Worker (9XWC) position and its incumbent, and two (2) vacant Bindery Worker (9XWC) positions to Finishing Worker (9XWD); abolish the classification of Bindery Worker (9XWC); all within the Public Works Department. (represented) (100% User Departments) 25-4398 Attachments:PAR PNM Finishing Worker 8.29.25 HR PAR PNM Finishing Worker Attachment 8.29.2025 HR Finishing Worker (9XWD) FINAL 8.7.25 approved Information and Technology C.89 . APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment with AT&T Enterprises, LLC., utilizing the California Department of Technology Agreement, to increase the payment limit by $550,000 to a new payment limit of $9,750,000 for network engineer support services with no change to the current term through June 30, 2026. (100% General Fund) 25-4399 approved C.90 . APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract with Carahsoft Technology Corp, in an amount not to exceed $220,000 for professional services provided by Maryville Consulting Group to implement Apptio’s Technology Business Management (TBM) platform and provide post-implementation support for the period of October 22, 2025, through September 15, 2026. (100% User Departments) 25-4400 approved C.91 . APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract with Vexcel Imaging US, Inc . in an amount not to exceed $456,120 to provide aerial imagery and software for the period of November 3, 2025, through November 30, 2028. (100% User Departments.) 25-4401 approved C.92 . APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a Purchase Order with BMC Software, Inc., subject to their End User License Agreement, in an amount not to exceed $11,000 for the purchase of Track-It! software, for the period of October 31, 2025, through October 30, 2026. (100% User Departments). 25-4402 approved Library Page 22 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 C.93 . APPROVE and AUTHORIZE the County Librarian, or designee, to execute an order form with BiblioCommons, Inc., under the existing Master Services Agreement dated January 1, 2019, in an amount not to exceed $236,577 to provide the Library’s website subscription renewal, support, and maintenance for the period of January 1 2026, through December 31, 2026. (100% Library Fund) 25-4403 approved C.94 . APPROVE and AUTHORIZE the County Librarian to execute a settlement and release agreement between the County and Margaret Sullivan Studio under which the County will pay $15,894.29 to resolve outstanding claims for payment and reimbursement made in connection with staff training workshops, community events, and related travel that occurred between January 2019 and August 2021. (100% Library Fund) 25-4404 Attachments:Settlement with Margaret Sullivan.pdf approved C.95 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with NewsBank, Inc., in an amount not to exceed $200,563 for the renewal of online newspaper subscriptions (Access World News Research Collection, including the Contra Costa News Collection and the East Bay Times Collection, Black Life in America, and Hispanic Life in America), for the period January 1, 2026 through December 31, 2028. (100% Library Fund) 25-4405 approved C.96 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with America Learns, LLC, in an amount not to exceed $18,500 for the renewal of Impact Suite licenses that support the Library's adult and family literacy programs, for the period January 1 through December 31, 2026. (100% Library Fund) 25-4406 approved C.97 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order amendment with Children’s Plus Inc. (dba Libraria), to increase the payment limit by $3,000,000 to a new payment limit of $6,000,000 with no change to the term through June 30, 2028, for the purchase of library books. (100% Library Fund) 25-4407 approved C.98 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order amendment with Brodart Co., to increase the payment limit by $4,760,495 with no change to the term through June 30, 2028, for additional library books. (100% 25-4408 Page 23 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 Library Fund) approved C.99 . APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with PDQ.COM Corporation in an amount not to exceed $6,720 for the renewal of the SmartDeploy Pro subscription, which is used to deploy computer images, for the period October 8, 2025 through October 7, 2026. (100% Library Fund) 25-4409 approved Public Defender C.10 0. ADOPT Resolution No. 2025-352 to approve and authorize the Public Defender, or designee, to apply for, accept, and execute a grant award agreement, including any modifications or extensions thereof, with the Office of the State Public Defender, Expanded Public Defense Grant, in an amount not to exceed $850,000 to expand holistic legal representation for indigent clients impacted by California's new Proposition 36, for the period February 1, 2026 through June 1, 2028. (100% State) Attachments:2025-10-21 C.100 adopted Public Works C.10 1. ADOPT Resolution No. 2025-353 approving and authorizing the Public Works Director, or designee, to fully close a portion of McBryde Avenue, on November 11, 2025, from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, Richmond area. (No fiscal impact) RES 2025-353 adopted C.10 2. ADOPT Resolution No. 2025-354 approving and authorizing the Public Works Director, or designee, to fully close a portion of Sunset Drive, on October 28, 2025, from 8:30 a.m. through 4:00 p.m., for the purpose of replacing a utility pole, El Sobrante area. (No fiscal impact) RES 2025-354 adopted C.10 3. ADOPT Resolution No. 2025-355 approving the Parcel Map for minor subdivision MS22-0005, for a project being developed by Central Assembly of Richmond, as recommended by the Public Works Director, El Sobrante area. (No fiscal impact) RES 2025-355 Attachments:Parcel Map Tax Letter adopted Page 24 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 C.10 4. ADOPT Resolution No. 2025-356 approving and authorizing the Public Works Director, or designee, to fully close all of Yale Circle and a portion of Yale Avenue, on November 7, 2025, from 8:00 a.m. through 5:00 p.m., for the purpose of replacing an existing utility pole and installing an additional new pole, Kensington area. (No fiscal impact) RES 2025-356 adopted C.10 5. ADOPT Resolution No. 2025-357 approving and authorizing the Public Works Director, or designee, to fully close a portion of Oak View Avenue, between Colusa Avenue and Santa Fe Avenue, on November 30, 2025, from 3:30 p.m. through 7:00 p.m., for the purpose of an annual holiday fair, Kensington area. (No fiscal impact) adopted C.10 6. ADOPT Resolution No. 2025-358 accepting completion of private improvements and release of cash deposit for Drainage Improvement Agreement DA04-00035, for a project developed by Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (100% Developer Fees) RES 2025-358 adopted C.10 7. ADOPT Resolution No. 2025-359 terminating and abandoning an Offer of Dedication of excess road right of way on Bernhard Avenue, and AUTHORIZE the Director of Public Works to execute a quitclaim deed to release any interest the County may have in the property, as recommended by the Public Works Director, Richmond area. (100% Applicant Fees) RES 2025-359 Attachments:Recordable Resolution Exhibit A and B Quitclaim Deed Exhibit A and B Map of Tewksbury Heights adopted C.10 8. ADOPT Resolution No. 2025-360 approving and authorizing the Public Works Director, or designee, to fully close a portion of Coventry Road, on November 5, 2025, from 7:30 a.m. through 5:30 p.m., for the purpose of a utility pole replacement, Kensington area. (No fiscal impact) adopted C.10 9. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a blanket purchase order with AlsoEnergy, Inc . in the amount not to exceed $100,000 for the purchase of hardware and software facilitating the collection of data for photovoltaic systems for the period of October 1, 2025 through September 30, 2028, Countywide.(100% User Departments) 25-4410 approved Page 25 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 C.11 0. APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, an amendment to a blanket purchase order with County Asphalt LLC, effective October 21, 2025, to extend the term through April 25, 2027, with no change to the payment limit, Countywide. (No Fiscal Impact) 25-4411 approved C.11 1. APPROVE and AUTHORIZE the Public Works Director, or designee, to award a construction contract in the amount of $5,907,000 with Dowdle & Sons Mechanical, Inc. for the Contra Costa Regional Medical Center Chiller Replacement Project, Martinez area. (100% Hospital Enterprise Fund I) 25-4412 approved C.11 2. APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an Amendment Number 1 to the Freeway Maintenance Agreement between Contra Costa County and the State of California, Department of Transportation, to establish maintenance responsibilities along the Livorna Road underpass at Interstate 680 and APPROVE plans for striping along the Livorna Road underpass from San Ramon Creek to Sugarloaf Drive, Alamo area. (100% Local Road Funds) 25-4413 Attachments:Freeway Maintenance Agreement Amendment 1 to FMA Livorna Rd Underpass Layout, Exhibit A Livorna Road Restripe Plan-Signed approved C.11 3. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of the County, a funding agreement with the Contra Costa Transportation Authority, to pay CCTA $285,535 in Fiscal Year 2025-2026 as the County’s 11.47% local share of the approximately $2.49 million cost to design and implement intelligent transportation system upgrades at 20 intersections countywide. (89% One Bay Area Grant Cycle 3 Funds, 11% Local Road Funds) 25-4414 Attachments:CCTA and Individual Smart Signals funding agreement approved C.11 4. APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, an amendment to a blanket purchase order with Granite Construction Company, effective October 21, 2025, to extend the term through April 25, 2027, Countywide. (No fiscal impact) 25-4415 approved C.11 5. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with CSWST2 in an amount not to exceed $800,000 to provide on-call civil engineering consulting services for 25-4416 Page 26 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 various projects for the period from October 1, 2025 through July 31, 2028, Countywide. (100% Various Funds) approved C.11 6. APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order with Airgas USA, LLC, in an amount not to exceed $25,000 to supply welding supplies, parts, small tools, and gas cylinder rentals for the period November 1, 2025 through October 31, 2026, Countywide. (100% General Fund) 25-4417 approved C.11 7. APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the County, a participating addendum with Office Master, Inc., in an amount not to exceed $5,000,000, for the purchase of Office Master brand furniture for the period of October 21, 2025, through October 25, 2029, Countywide. (100% User Departments) 25-4418 Attachments:DGS State of California MAS Participating Addendum - Office Master Inc. - FINAL 10 7 2025 approved C.11 8. Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE the Flood Control Zone 3B Grayson Creek Bank Erosion Repair Project (Project); and AUTHORIZE the Chief Engineer, or designee, to advertise the project, Pleasant Hill area. (100% Flood Control Zone 3B Funds) 25-4419 Attachments:NOE FCZ 3B Grayson Creek Bank Erosion Repair approved C.11 9. APPROVE the Market Avenue at Union Pacific Railroad Crossing Improvements Project and AUTHORIZE the Public Works Director, or designee, to advertise the Project, North Richmond area. (97% Railroad-Highways Grade Crossings Program, 3% Local Road Funds) 25-4420 Attachments:CEQA NOE- Market UPRR Crossing approved C.12 0. AUTHORIZE the County Administrator or designee, to sign a software and services agreement for facility condition assessment of the County building portfolio and software to assist in the capital planning activities for three years, in an amount not to exceed $100,000, with VFA Inc, an affiliate of The Gordian Group, Inc., Countywide. (100% General Fund) 25-4421 approved C.12 1. Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, ADOPT Resolution 2025-365, declaring up to five acres of the approximately 21-acre unimproved real RES 2025-365 Page 27 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 property owned by the District in Antioch between Laurel Road, Neroly Road, Live Oak Avenue, and State Route 4 and having APN 053-060-028 to be exempt surplus land no longer required for District purposes; and as the governing body of the District and Contra Costa County, APPROVE and AUTHORIZE the execution of an agreement that permits the County to purchase an option from the District for $100, allowing the County to purchase up to five acres of the Property for up to $425,000 per acre for 12 months, with three 6-month extension options, for use in the Health Department’s Behavioral Health Continuum Infrastructure Program, Antioch area. (100% Mental Health Services Act) Attachments:BHCIP FCD Resolution Draft Option Agreement This Consent Resolution was approved. C.12 2. Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a contract amendment with Balance Hydrologics, INC, effective October 21, 2025, to increase the payment limit by $500,000 to a new payment limit of $700,000 and extend the term through November 29, 2028, for on-call consulting services for professional engineering and fluvial geomorphology. (100% Flood Control District Funds) 25-4423 approved C.12 3. Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a contract amendment with Balance Hydrologics, INC, effective October 21, 2025, to increase the payment limit by $200,000 to a new payment limit of $500,000 for on-call professional engineering services relating to hydrology, hydraulic, and hydrologic data collection with no change to the term, Countywide. (100% Flood Control District Funds) 25-4424 approved C.12 4. Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute an amendment to the agreement with the California Department of Water Resources : Flood Emergency Response Projects Grant Program — Statewide, to extend the term through October 29, 2025, and adjust budget allocations, with no change in the grant amount, Concord, Danville, Martinez, Pacheco, Pinole, Pleasant Hill, Rodeo, San Pablo, Richmond, and Walnut Creek areas . (No fiscal impact) 25-4425 Attachments:Contra Costa County Flood Control and Water Conservation Agreement No. 4600012938 - Amendment 3 Page 28 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 approved C.12 5. Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the conveyance of approximately two acres of the County’s Old-Imhoff Road right-of-way to the Central Contra Costa Sanitary District, the Flood Control District's acceptance of approximately 1.53 acres of property, and an approximately 0.52 acre flood control easement from Central San, and the execution of a real property exchange agreement among the County, Flood Control District, and Central San, in connection with the Flood Control District’s Grayson and Walnut Creek Levee Improvements, as recommended by the Chief Engineer and Public Works Director, Martinez area. (50% Central Contra Costa Sanitary District Funds, 50% Flood Control District Zone 3B Funds) 25-4426 Attachments:Grant Deed and Reservation of Easement Portions of Old Imhoff Drive Grant Deed and Reservation of Easement 159-140-050, 159-140-057 Grant of Easement 159-140-058, 159-150-057 Grant of Easement 159-150-057 Real Property Exchange Agreement approved C.12 6. DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. (No fiscal impact) 25-4427 Attachments:Surplus Vehicles and Equipment approved Risk Management C.12 7. RECEIVE report concerning the final settlement of Nicole Valadao vs . Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $100,000 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) 25-4428 approved C.12 8. RECEIVE report concerning the final settlement of Latricia Johnson-Terry vs. Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $85,000 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) 25-4429 approved C.12 9. RECEIVE report concerning the final settlement of Alexei P . Shabanoff vs. Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed 25-4430 Page 29 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 $175,000 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) approved C.13 0. RECEIVE report concerning the final settlement of Jennifer Rillera vs . Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $68,500 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) 25-4431 approved C.13 1. DENY claims filed by Hashmat Akramy; Allstate Northbrook Indemnity Co.; Jimmy C. Dorsey; Ghada Elsayad; Heather Farmer; Salma Ghavami Shahidi; Gloria Hardin; Bobby John; Justin Russo; Peter Seperack; Benjamin Tappe; La Janee Turner; and Kyra K. Worthy. DENY amended claim filed by A. Bolton. 25-4432 approved C.13 2. Acting as the governing board of the Contra Costa County Fire Protection District; DENY claim filed by Emedardo Wilfredo Rios Juarez. 25-4433 approved Sheriff C.13 3. ADOPT Resolution No. 2025-361 authorizing the Sheriff-Coroner, or designee, to apply for and accept grant funding, including amendments and extensions, with the U.S. Department of Justice, Office of Justice Programs, 2025 DNA Capacity Enhancement for Backlog Reduction Program Grant, with an initial amount up to $256,270, for the purchase of scientific equipment to process DNA evidence, for the initial period of October 1, 2025 through September 30, 2027. (100% Federal; No County match) RES 2025-361 adopted C.13 4. APPROVE and AUTHORIZE the Sheriff-Coroner or designee, to execute an contract with Allied Universal Electronic Monitoring US, Inc. in an amount not to exceed $800,000 for the purchase of electronic home monitoring services, equipment, and related products at the Office of the Sheriff Custody Alternative Facility, for the period December 1, 2025 through November 30, 2028. (100% General Fund) 25-4434 approved C.13 5. APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to renew Cardroom License Number 6, known as "California Grand Casino," currently located in Pacheco, California, for the period of November 26, 2025 through November 25, 2026. (No fiscal impact) 25-4435 Page 30 of 31 BOARD OF SUPERVISORS Meeting Minutes October 21, 2025 approved C.13 6. APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Informer Systems, LLC (dba SafeCities), in an amount not to exceed $8,112, and ACCEPT the Terms of Service, for the workforce scheduling management software, for the period March 1, 2025 through February 28, 2026. (100% General Fund) 25-4436 approved C.13 7. APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of Sheriff-Coroner, a purchase order with United Parcel Service of America, Inc., in an amount not to exceed $25,000, and ACCEPT the Terms and Conditions for shipping and delivery services for the period October 1, 2025 through September 30, 2028. (100% General Fund) 25-4437 approved C.13 8. APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Lexipol LLC, in an amount not to exceed $90,000 for the Field Training web-based software, for the period October 1, 2025 through September 30, 2028. (100% General Fund) 25-4438 approved Page 31 of 31 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 408 Name: Status:Type:Discussion and Resolution Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:HEARING to consider approving the Camino Pablo Residential Subdivision Project, a 13-unit single- family residential development located near the Camino Pablo and Tharp Drive intersection in the unincorporated Moraga area, including approving a General Plan amendment, rezoning ordinance, vesting tentative map, and preliminary and final development plan; consider adopting the mitigated negative declaration prepared for the project and taking related actions under the California Environmental Quality Act; and consider approving a community benefits agreement related to the project (County File Nos. CDGP21-00004, CDRZ23-03270,CDSD23-09646) (Benoit McVeigh, dK Engineering, Applicant; Dobbins Properties, LLC, Owners). (Adrian Veliz and Ruben Hernandez, Department of Conservation and Development) Attachments:1. 01 CDSD23-09646 Findings and COA, 2. 02 Ordinance 2025-16, 3. 03 Maps and Plans, 4. 04 CDSD23-09646 IS_FINAL10.15.25, 5. 05 Final MMRP_10.09.25, 6. 06 Final MND Response to Comments, 7. 07 CPC Staff Report, 8. 08 PowerpointPresentation, 9. 09 Camino Pablo Subdivision Community Benefits Agreement (10.16.25) Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass 4:0 To: Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Camino Pablo 13-Unit Residential Project ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.OPEN the public hearing on the Camino Pablo Residential Subdivision Project,RECEIVE testimony, and CLOSE the public hearing. 2.FIND that the mitigated negative declaration prepared for the project (SCH 2024110934)adequately analyzes the project’s environmental impacts,that there is no substantial evidence the project will have a significant effect on the environment,and that the mitigated negative declaration reflects the County’s independent judgment and analysis. 3.ADOPT the mitigated negative declaration for the project. 4.ADOPT the mitigation monitoring and reporting program for the project. 5.Specify that the Department of Conservation and Development (located at 30 Muir Road,Martinez, CA)is the custodian of the documents and other materials,that constitute the record of proceedings upon which the decision of the Board of Supervisors is based. 6.ADOPT Resolution No.2025-408 amending the General Plan to change the land use designation of the project site’s approximately 7.9-acre development area from Agricultural Lands (AL)to Residential CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 project site’s approximately 7.9-acre development area from Agricultural Lands (AL)to Residential Low-Density (RL),and the remaining project site from Agricultural Lands to Resource Conservation (RC) designations (County File No. CDGP21-00004). 7.ADOPT Ordinance No.2025-16,rezoning the project site’s approximately 7.9-acre development area from General Agricultural (A-2)zoning district to a Planned Unit (P-1)zoning district (County File No. CDRZ23-03270). 8.APPROVE the vesting tentative map for the project (County File No. CDSD23-09646). 9.APPROVE the preliminary and final development plan for the project (County File No.CDDP23- 03012). 10.APPROVE the attached community benefits agreement. 11.APPROVE the findings in support of the project. 12.APPROVE the project conditions of approval. 13.APPROVE the Camino Pablo Residential Subdivision Project. 14.DIRECT the Director of Conservation and Development to file a Notice of Determination with the County 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: The applicant is seeking approval of the Camino Pablo Residential Subdivision Project, including General Plan Amendment, Rezone, Vesting Tentative Map, and Development Plan permit approvals for a development consisting of thirteen single-family residences, 11 of which include an attached accessory dwelling unit (ADU), and associated access/utility improvements over a 7.9-acre development area. Prior to the submittal of the project applications, the developer had previously sought entitlements from the Town of Moraga for a prior iteration of the project which included annexation of the project site within the Moraga town limits. The Moraga Town Council denied the previously proposed project and annexation on August 25, 2021. On April 20, 2023, the Contra Costa County Department of Conservation and Development accepted the General Plan Amendment, Rezone, Vesting Tentative Map, and Development Plan applications from the developer for review by the County. The project presently being considered by the County is substantially similar to that which was previously considered by the Town of Moraga, with the primary difference being that annexation within the Moraga town limits is no longer proposed as part of this project. PROJECT DESCRIPTION The Camino Pablo Single-Family Residential Subdivision, Rezone, General Plan Amendment, and Development Plan project includes Major Subdivision application CDSD23-09646, Rezone application CDRZ23-03270, General Plan Amendment application CDGP21-00004, and Development Plan application CDDP23-03012, to allow development of the southern 7.9 acres of the 23.9-acre project site consisting of a residential subdivision of 13 single-family residences with attached accessory dwelling units (ADUs) CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 incorporated into 11 of the residences. If the project is approved, each ADU will require ministerial approval of separate ADU permit applications, which are to be submitted after the final map is recorded and prior to the issuance of building permits. The remaining northern 16.0 acres of the site would remain as agricultural open space. The project site is a legal parcel within the AL Agricultural Lands, General Plan land use designation. The applicant has submitted a Major Subdivision application to create an 18-lot subdivision as shown below, including 13 residential lots (Parcels 1 through 13), open space Parcel A, landscape Parcels B and C, and street Parcels D and E. Parcels 1 through 13 and Parcels B through E encompass the proposed residential development on the southern portion of the site. Parcel A is the northern 16.0 acres of the site that would remain as open space. To allow the Major Subdivision to proceed the applicant requests a General Plan Amendment to redesignate the southern 7.9 acres as RL Residential-Low Density to allow multiple single-family residences on this portion of the site. The remaining 16 acres of undeveloped land would be redesignated to a Resource Conservation (RC) designation. The applicant also requests that the County Rezone the southern 7.9-acre portion of the project site from the A- 2 General Agricultural District to a P-1 Planned Unit District and has submitted a Development Plan application for the P-1 District to allow development of 13 one- and two-story detached single-family residences on individual lots. The lots would range in size from 15,368 square feet to 27,827 square feet, with an average lot size of approximately 19,969 square feet. Attached ADUs would be included in 11 of the homes, while Parcels 7 and 8 would not include an ADU. The 7.9-acre southern portion would have a net development area of 6.65 acres (without street Parcels D and E) with a resultant net density of 1.95 residential units per acre, which would be within the permissible density range (1-to-3 dwelling units per net acre) for the RL General Plan land use designation. Parcel Land Use Size (Sq. Ft.)(Acres) 1 Residential 21,352.00 0.49 2 Residential 20,234.00 0.46 3 Residential 18,516.00 0.43 4 Residential 18,276.00 0.42 5 Residential 17,064.00 0.39 6 Residential 19,247.00 0.44 7 Residential 22,039.00 0.51 8 Residential 16,448.00 0.38 9 Residential 27,827.00 0.64 10 Residential 27,090.00 0.62 11 Residential 19,281.00 0.44 12 Residential 15,368.00 0.35 13 Residential 16,861.00 0.39 A Open Space 697,036.00 16.00 B Landscaping 6,948.00 0.16 C Landscaping 22,916.00 0.53 D Public ROW Dedication Street “A” 44,431.00 1.02 E Public ROW Dedication (Camino Pablo) 10,454.00 0.24 Total 1,041,388.00 23.91 CONTRA COSTA COUNTY Printed on 12/31/2025Page 3 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 Parcel Land Use Size (Sq. Ft.)(Acres)1 Residential 21,352.00 0.492Residential20,234.00 0.463Residential18,516.00 0.434Residential18,276.00 0.425Residential17,064.00 0.396Residential19,247.00 0.447Residential22,039.00 0.518Residential16,448.00 0.389Residential27,827.00 0.6410Residential27,090.00 0.6211Residential19,281.00 0.4412Residential15,368.00 0.3513Residential16,861.00 0.39AOpen Space 697,036.00 16.00BLandscaping6,948.00 0.16 C Landscaping 22,916.00 0.53 D Public ROW Dedication Street “A” 44,431.00 1.02 E Public ROW Dedication (Camino Pablo) 10,454.00 0.24 Total 1,041,388.00 23.91 The applicant expects project construction to require a total of 32 months, including 14 months for grading, infrastructure installation, and building pads, and 18 months for construction of homes. The 13 residential lots would have access to Camino Pablo via a new access road terminating in a cul-de-sac. The cul-de-sac would have a sidewalk on the north/east side. The opposite side of the cul-de-sac would be lined with several stormwater bioretention and filtration planter strips. The cul-de-sac would form the fourth leg of the Camino Pablo / Tharp Drive intersection. Tharp Dive is a two-lane residential collector street that intersects with Camino Pablo and a number of local residential streets. Camino Pablo is a two-lane arterial street that travels northwest from the Camino Pablo / Tharp Drive intersection to connects to Canyon Road - Moraga Road, which is a two - to four-lane County-designated arterial road. The residential lots would comprise 5.95 acres of the 7.9-acre gross development area, with the remaining acreage dedicated to the street right-of-way (1.26 acres) and common area landscaping (0.69 acres). The residential lots would provide minimum 20-foot front yard setbacks, 15-foot rear yard setbacks, 10-foot side yard setbacks, and a minimum 25 feet aggregate side yard setback. The common area landscaping would provide visual buffers that would separate the homes from Camino Pablo. Parcel D would be the cul-de-sac, which would be dedicated to Contra Costa County. Parcel E consists of a 0.24-acre area adjacent to Camino Pablo, which would be dedicated to the Town of Moraga. The location of the proposed homes on the southern portion of the site would preserve the higher elevations of the site and thereby would preserve the visually prominent hillside in the northern and eastern portions of the site and adjoining agricultural open space land to the east. The residential development would retain the natural features of the land to the extent feasible and most of the homes would be developed on split pads, thereby stepping the homes up or down the hillside, depending on their orientation. The homes have been horizontally massed to minimize view obstruction. The homes would be custom homes, each having a unique design but all homes would be in a “Transitional” style of architecture that blends traditional forms, materials, and colors with modern exterior and interior elements. The residences would be designed to be energy efficient and constructed to meet the stringent fire resistance requirements for development in a Wildland/Urban Interface Zone. Most of the homes would have two stories, while the homes on the southernmost lots (Parcels 7 and 8) would be one story. The homes would range in size from 3,463 square feet to 4,474 square feet, not including garages or porches. The ADUs would all be one-bedroom units with separate kitchen/living/dining areas, ranging in size from 920 square feet to 1,117 square feet. The onsite hillside contours that characterize the local topography would be retained. Project grading would extend onto the adjoining property to the east and would slightly lower this hillside crest running along and just outside the east side of the project parcel from the approximately 705 feet to 702 feet. To stabilize the site, slide conditions that affect the southern portion of the site would be repaired. Although grading would entail cuts and fills totaling 59,600 cubic yards of soil, grading would be balanced on site, requiring no import or export of fill. A 4-foot-high retaining wall would extend along the rear of the easternmost lots (Lots 1 through 5). Additional retaining walls would be placed on some of the individual lots in order to accommodate the homes and yards. Retaining walls would also be placed on the west side of the project site. Exposed retaining walls would be landscaped with a variety of ornamental trees, shrubs, and grasses that are intended to obscure the walls upon maturity. The project includes a connection to an existing storm drain system that currently collects runoff from the site CONTRA COSTA COUNTY Printed on 12/31/2025Page 4 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 and directs stormwater flow to Moraga Creek. The stormwater runoff from the site would be treated by bioretention basins and discharged into the proposed onsite storm drain system prior to entering the existing storm drain system. Parcel A, the open space parcel, would continue to discharge into an existing v-ditch, located adjacent to Camino Pablo that ties into the existing storm drain system. As part of the project, Camino Pablo would be widened from Tharp Drive south to the southern end of the project site frontage. The existing right-of-way, which varies between roughly 46 feet and 59 feet, would be expanded to a 68-foot right-of-way with the existing 28-foot-wide roadway expanded to 36 feet. The existing curb and gutter on the west side of Camino Pablo would remain, while the existing 8-foot-wide sidewalk extending along the project site frontage would be replaced with a new, slightly relocated 8-foot-wide sidewalk. The property owner will be required to dedicate the additional right-of-way to the Town of Moraga. COUNTY PLANNING COMMISSION The County Planning Commission considered the project at a noticed public hearing on August 27, 2025. Following a presentation from staff, a presentation from the applicant, and considering public comment, the Commission voted unanimously (6-0) to recommend that the Board approve the project as recommended by staff with several minor modifications to the conditions of approval. Specifically, the Commission modified the project conditions to clarify that the R-15 development standards would apply to the project and to require consultation with Town of Moraga officials relating to Camino Pablo frontage improvements. With those revisions, the Commission referred the vesting tentative map to the Board and recommended that the Board approve the General Plan amendment, rezoning, and development plan for the project. Subsequent to the Commission meeting, County staff consulted further with staff of the Town of Moraga regarding Camino Pablo frontage improvements and traffic calming, resulting in proposed refinements to the conditions of approval #48 and #49. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) On November 25, 2024, the Contra Costa County Department of Conservation and Development, Community Development Division (CDD), published a draft Initial Study / Mitigated Negative Declaration (IS/MND) that analyzed potential significant adverse environmental impacts of the proposed project. Potentially significant impacts were identified in the draft IS/MND, including agricultural resources, air quality, biological resources, cultural resources, energy, geology and soils, hydrology, noise, public services, tribal cultural resources, and wildfire. Pursuant to Section 15073 of the California Environmental Quality Act (CEQA), which requires a minimum 30 -day public review period, the draft MND included a comment period extending through December 26, 2024. On December 13, 2024, at the request of the applicant, CDD staff published a revised IS/MND which corrected typographical errors and added clarification to discussion of mitigation measures identified in CEQA checklist sections pertaining to Public Services and Wildfire. The revised draft IS/MND was recirculated on December 13, 2024, and the public comment period was extended through January 15, 2025. The purpose of the public review period is for the public to submit comments on the adequacy of the environmental analysis in the draft IS/MND. CDD received written comments in response to the publication of the draft IS/MND from a total of seven correspondents - five public agencies, one private organization, and one neighboring property owner. On August 27, 2025, CDD staff was made aware that certain nearby property owners were not notified of the public review period for the previously-circulated draft MND as required by law. Consequently, on September 3, 2025 CDD prepared additional public notices for mailing and recirculated the draft MND to accept additional public comments from September 3, 2025, through October 3, 2025. The recirculated MND is included within Exhibit 7 (CPC Staff Report). CONTRA COSTA COUNTY Printed on 12/31/2025Page 5 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 Staff has prepared a Final IS/MND for the Camino Pablo project, included as Exhibit 4. Also included for the Board’s consideration is Exhibit 6, consisting of public comments received on the draft IS/MND, and a description of staff-initiated text changes, either to provide additional clarifying information or to correct typographical errors. The text changes are not the result of any new significant adverse environmental impact, do not alter the effectiveness of any mitigation included in the pertinent section, and do not alter any findings in the section. A Mitigation Monitoring Program was prepared based on the mitigation measures recommended in the draft MND. The Final Mitigation Monitoring and Reporting Program (MMRP) is included as Exhibit 5. It is the finding of CDD staff that the mitigation measures identified within the draft MND would adequately mitigate identified project impacts to less than significant levels or lower. If approved, the mitigation measures identified within the draft MND would apply to the Camino Pablo project as Conditions of Approval. STAFF ANALYSIS AND DISCUSSION A.General Plan Consistency: Urban Limit Line and 65/35 Land Preservation Standard: The project site is located entirely within the County’s Urban Limit Line, and includes a proposal to redesignate a 7.9-acre portion of the site from its present Agricultural Lands (AL) designation to a Residential Low Density (RL) designation, while the remaining 16-acre portion of the site outside of the area of development would be redesignated to Resource Conservation (RC). As of 2025, approximately 28% of the total countywide land area has been designated for urban uses. Thus, redesignating the 7.9-acre area of development from an agricultural (non-urban) to a residential (urban) designation is inconsequential insofar as the County’s compliance with the 65/35 Land Preservation Standard is of concern. The project includes the establishment of a deed restriction over a 16-acre area (67%) of the project site which would preclude future urban development on the site at a ratio that is consistent with the 65/35 Land Preservation standard. Thus, the project would be consistent with the goals of the 65/35 Land Preservation Standard. Land Uses: The entire project site is located within an AL General Plan Land Use designation. As part of the proposed Project, the applicant seeks approval of a General Plan Amendment to change the 7.9-acre residential development area to a Single-Family Residential Low-Density (SL) designation. The project proposes maintaining the remaining 16-acres of the project site (identified as Parcel A on the VTM) as open space grazing land within its present AL designation. On November 5, 2024, while the Camino Pablo project applications were being processed, the Board of Supervisors adopted the Contra Costa County 2045 General Plan. Upon the adoption of the 2045 General Plan, the SL designation was replaced by the RL designation throughout unincorporated Contra Costa County. The RL designation closely matches the SL designation in terms of density and allowed uses. Consequently, the project description has been changed to reflect the newly-created RL land use designation. At the suggestion of staff, the applicant has agreed that the newly-created RC land use designation, the successor to the prior General Plan’s Open Space designation, would be most appropriate for Parcel A given its intended preservation as open space grazing land. The land uses permitted within the RL designation include low density, predominantly single-family residences on lots approximately 15,000 square-feet to one-acre in size. Limited non-residential uses that serve and support nearby homes may also be permissible within the RL designation. The Resource Conservation (RC) designation is applied to the watersheds of reservoirs owned by public utilities, mitigation banks, habitat restoration sites, and ecologically significant or environmentally sensitive areas that are not within publicly-owned parkland. The project is immediately adjacent to East Bay CONTRA COSTA COUNTY Printed on 12/31/2025Page 6 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 Municipal Utility District’s East Bay watershed lands, including Upper San Leandro watershed which is adjacent to the project site. Additionally, CDD staff has identified Mitigation Measure Agricultural Resources-1, which would restrict structural development/improvements in the area of Parcel A via Grant Deed of Development Rights to Contra Costa County over this area of the Project site. Parcel A would remain as unimproved open space lands to be managed by the HOA, consistent with the RC designation. Density: The RL designation allows for residential densities ranging between 1-3 dwelling units per net acre. The 7.9-acre southern portion would have a net development area of 6.65 acres (without street Parcels D and E) with a resultant net density of 1.95 residential units per acre, which would be within the 1-3 dwelling units per net acre density range for the RL General Plan land use designation. There are no density standards applicable to the RC designation. Based on the above, the density of the proposed project will be consistent with the allowed range detailed in the County General Plan. Property Size: The General Plan Land Use Element indicates that sites within the RL designation can range from 15,000 square feet up to 1-acre in area. Lots within the residential development area will range between 15,368 to 27,827 square feet in area, all within specified range. The RC designation lacks discussion of a desired or anticipated property size for the designation since residential uses are not permitted within this land use designation. The area of residential development is consistent with the RL designation in terms of anticipated parcel sizes. Stronger Communities Element: The Stronger Communities Element of the 2045 County General Plan provides policies for specific geographic areas of the unincorporated County. These specific area policies focus on providing additional policies that pertain to the unique characteristics and needs of each identified area. The Stronger Communities Element identifies 22 communities, selected through public input and collaboration with County staff, and provides policies/goals for each. The project site, and the Lamorinda area in general, are not amongst the communities identified therein. Growth Management Element: To regulate growth associated with development projects, the Growth Management Element of the General Plan includes policies intended to achieve the following goals: 1) that new residential and nonresidential growth pay for the facilities required to meet the demands resulting from that growth, 2) coordinated transportation and land use planning in Contra Costa County, 3) land use patterns that make more efficient use of the transportation system, and 4) infill and redevelopment in existing urban and brownfield areas. The project is subject to regional development mitigation fees, including those established by the locally- applicable regional transportation planning committee, consistent with Policy GMP1.1 and GMP1.2. The project would not generate 100 or more daily peak hour trips and thus does not warrant additional study for consistency with Contra Costa Transportation Authority’s travel demand forecasting, as specified in policy #GM-P2.3. The project fronts Camino Pablo, a County designated bicycle route within this area of the County. The project is along a major thoroughfare for the area, which allows for the proposed project to make efficient use of the existing transportation system, consistent with Goal GM-3. The project also supports multi-modal transportation with the inclusion of a new sidewalk along the proposed interior cul-de -sac roadway as well as improvements to existing sidewalk along the project’s Camino Pablo frontage. Based on the above, no conflicts are anticipated with the goals and policies within the Growth Management Element. Housing Element: The Housing Element of the General provides an assessment of both the current and future housing needs within the County, and to include strategies that establish housing goals, policies, and programs. To implement and address the County’s housing needs and issues there are eight goals (HE-1 through HE-8) and goal-specific policies that are provided within the General Plan that address needs such as Housing/Neighborhood Conservation, Housing Production, Special Needs Housing, Housing CONTRA COSTA COUNTY Printed on 12/31/2025Page 7 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 Affordability, Provision of Adequate Residential Sites, Removal of Governmental Constraints, and the Promotion of Equal Housing Opportunities; some of which are implemented at a regional, policy, or program level, and thus would not be enforced at the planning review stage for an individual development project. As part of development review of the proposed project, staff identified policies HE-1, HE-2 and HE -4 as applicable to the proposed development. As discussed below, the project is consistent with and in furtherance of applicable housing element policies. Housing Element Goal HE-1 is to “maintain and improve the quality of the existing housing stock and residential neighborhoods in Contra Costa County.” The proposed project is consistent with this goal as this project is residential in nature and would result in the construction of additional housing in the unincorporated Moraga area. Housing Element goal HE-2 is to “increase the supply of housing with a priority on the development of affordable housing.” The project would increase the housing stock in the area. Although no deed-restricted affordable units are proposed, the project proponent has elected to contribute an in-lieu fee to comply with County’s Inclusionary Housing Ordinance (IHO) requirements for the provision of affordable housing in the County. The project’s compliance with the IHO is consistent with Housing Element goal HE-4 to “improve housing affordability for both renters and homeowners.” Conservation, Open Space, Working Lands Element: The Conservation Element of the General Plan is concerned with the identification, preservation, and management of natural resources within the County including agricultural, ecological, water, historic and cultural, scenic, mineral and energy resources. There are no known mineral resources on the property. As part of the environmental review of the Camino Pablo project, staff have identified potential impacts to cultural resources, open space, and biological resources. With the implementation of mitigation measures, all such impacts are expected to occur at less than significant levels, if at all. Due to the project site’s location adjacent to the urbanized Town of Moraga, the potential for such resources existing on or in close proximity to the site is low. The project site has been completely disturbed by prior land-use activities, and vegetation is sparse due to compacted gravel applied to much of the site. There are no known occurrences of special status species of plants/wildlife on or near the site. There are no creeks/waterways, cultivated agricultural lands, or known mineral or cultural resources on or near the subject property. Therefore, the project has little to no potential for conflict with conservation policies intended to conserve such resources within Contra Costa County. Public Facilities and Services Element: The Public Facilities and Services Element requires that new developments demonstrate that fundamental utilities and services can be provided to support the proposed project. Accordingly, the availability of services such as fire protection and police protection, as well as the availability infrastructure for water, sanitary sewer, drainage, and recreational services are analyzed during the application review process. ·Fire Protection: As explained more fully in the Final IS/MND, the Project Site is in an area served by the Moraga-Orinda Fire District (MOFD). The County and the MOFD have communicated throughout the application review and CEQA review portions of the Project. On the recommendation of the MOFD, Mitigation Measure Public Services-1 has been added to the project, requiring the preparation of a Fire Protection Plan (FPP) for the district’s review and approval. The development and implementation of the FPP will ensure that the project utilizes fire-resistant construction materials and creates appropriate defensible space buffers, and will ensure that the MOFD is able to provide effective emergency fire services to the project. ·Police Protection: The project site is within an area of the County served by the County Sherriff’s office. The population increase associated with the proposed 13 residential units is estimated to be approximately 37 people. This represents a marginal increase for the area and thus would only result in a nominal increase in calls for law enforcement. There is no indication in the record that the project would result in the need for new or expanded Sheriff facilities in order to maintain acceptable service CONTRA COSTA COUNTY Printed on 12/31/2025Page 8 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 ratios, response times, or other performance objectives. Further, the project is conditioned to require the formation of a police services district for the 13 lots. ·Water: The Project Site is not currently located within the service area of a public water supplier but is physically adjacent to the service area for the East Bay Municipal Utility District (EBMUD). In agency comments provided by the EBMUD, it is indicated that water service is available to the project upon annexation of the property within their service boundaries and sphere of influence. Thus, the project will have access to an adequate municipal water supply. ·Sanitary Sewer: The Project Site is not currently located within the service area of a public sanitary sewer provider but is physically adjacent to the service area for the Central Contra Costa Sanitary District (CCCSD). In agency comments provided by the CCCSD, it is indicated that sewer service is available to the project upon annexation of the property within their service boundaries and sphere of influence. Thus, the project will have access to an adequate sanitary sewer system. ·Drainage: The majority of the Project Site would be left undeveloped, and thus the existing drainage patterns in those areas would not be modified. Construction of the proposed residences and streetscape improvements will require the installation of a new on-site storm drainage system. The new drainage system will consist of street gutters, inlets, basins, and underground piping that will convey runoff to existing storm drain infrastructure within the Camino Pablo right-of-way. The implementation of the new storm drainage system, designed to the specifications required under Division 914 of the County Ordinance Code, ensures that the project will not result in the need for new or expanded unplanned off- site storm drain facilities. ·Recreational Services: The California Department of Parks and Recreation, the East Bay Regional Park District, County, and incorporated cities in the vicinity of the Project Site each maintain state, County, or local parks, trails, and/or community recreational facilities throughout the County for public use. To ensure sufficient recreational areas are established to serve the County, the General Plan’s Growth Management Element and the County Ordinance Code (Section 920-6.202) require three acres of neighborhood parks and recreational facilities per 1,000 members of the population. As stated previously, the project would not cause a significant population increase in the Moraga area. Accordingly, the project would not result in a significant increase in the use of existing recreational public resources in the area. Since the project would only marginally increase population in the area by an estimated 37 persons, and has ample access to existing parks, including Rancho Laguna Park +750 feet south of the project, the project will not expectedly necessitate the provision of new park facilities. Additionally, all new single-family residences in unincorporated Contra Costa County are subject to Park Dedication and Park Impact Fees, which are collected prior to the issuance of building permits for the new single-family dwellings. If the project is approved, County staff intend to coordinate with the Town of Moraga to identify suitable, nearby locations at which to invest the park fees. The small scale of the project, and the collection of requisite Park Impact and Park Dedication fees ensures that the project will not result in any significant adverse impacts on park facilities in the County. Health and Safety Element: The Health and Safety Element of the General Plan is coordinated with the Land Use Element, and as a result may at times justify the lowering of density or alternate design modification for development such as the proposed residential project based on health/safety hazards such as seismic hazards, air quality, wildfire hazards, and other hazards associated with climate change. The project site is not located within a FEMA flood hazard zone. The project site is not along the coastline, or waterways, thus, no conflict would arise with policies pertaining to flooding or sea level rise. The project site is not located within a liquefaction hazard, or Alquist-Priolo Fault hazard zones, as mapped by the California Department of Conservation. However, the site, including a portion of the residential CONTRA COSTA COUNTY Printed on 12/31/2025Page 9 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 development area, is within a landslide hazard zone, and past landslides have occurred on the subject property. General Plan Health and Safety Policies HS-P11.1 through HS-P11.6, require mapping of seismic hazards, prohibit construction of buildings where seismic hazards cannot be mitigated, and discourage construction within fault zones and steeply sloped areas. Various Geotechnical review letters prepared for the site by consulting engineers, ENGEO, have concluded that development of the site is feasible and provide recommendations for foundation design that are appropriate for the geologic setting. The project has been forwarded to the County peer review geologist, who concurs that existing landslide hazards on site can be mitigated through the use of soundly engineered building foundations. All recommendations from the peer-review geologist have been incorporated as conditions of approval. Therefore, the project will mitigate geologic hazards consistent with the aforementioned policies of the Health and Safety Element. The project site is located within a Very High Fire Hazard Severity Zone (VHFHZ), as mapped by CalFire. General Plan Policy #HS-P7.1 instructs decision makers to deny entitlements for projects creating additional residential units within the VHFHZ. General Plan Policies #HS-P7.3 and #HS-P7.4 recognize that new development may be approved in VHFHZs and if so, require the preparation of a traffic control plan and fire protection plan. These policies are not applicable to the Camino Pablo project due to the fact that the project was deemed complete on October 2, 2023, prior to these policies becoming effective when the Contra Costa County 2045 General Plan was adopted on November 5, 2024. However, in consultation with the Moraga Orinda Fire Protection District, (MOFD), it was determined that due to the fire prone nature of the area, the project will be required to provide a Fire Protection Plan, for review/approval by the Moraga Orinda Fire Protection District, consistent with Policy #HS-P7.4. The fire protection plan will provide measures for fire-resistant construction material and modifying fuel loading. The project is also subject to fire district requirements to provide defensible space, and the provision of adequate water supply for fire suppression purposes. Transportation Element: The Transportation Element of the General Plan includes policies and goals intended to promote implementation of an effective transportation system that emphasizes multi-modal transportation. The project site is located along Camino Pablo in the unincorporated Moraga area of the County. The project includes a sidewalk along one side of the interior access roadway, which connects to existing sidewalk improvements along the portion of Camino Pablo fronting the site. The project includes roadway improvements at the project site along Camino Pablo. The project is conditioned to require the applicant to consult with the Town of Moraga regarding frontage improvements along this right-of-way, including studies relating to the installation of traffic calming measures or the removal of on-street parking to facilitate the installation of a Class II bicycle lane. The project, including anticipated frontage improvements along Camino Pablo, is consistent with and in furtherance of Transportation Element polices requiring development projects to minimize conflicts between vehicles and pedestrians/cyclists (Policy TR- P3.2), manage access points along collector roadways by minimizing vehicular access points (Policy TR- P4.4), and designing roadways to include traffic calming and complete streets features to accommodate emergency response vehicles while maintaining safety for vulnerable road uses (Policies TR-P4.10). B.Zoning Compliance: The applicant proposes to rezone the 7.9-acre area of residential development to a project-specific Planned Unit (P-1) zoning district. If approved, the new P-1 district will allow for flexibility of applicable development standards, provided that substantial consistency with the General Plan as well as the intent of the County Ordinance Code, is maintained with respect to public health, safety, and general welfare. Currently, the 23.9-acre site is undeveloped and located entirely within a General Agricultural District (A-2), which allows limited residential development and the raising of crops or livestock. However, the Project Site is immediately adjacent to urban areas in Moraga, which helps to ensure compatibility between the new development and its surroundings. Allowing the Project Site to be rezoned and developed under the proposed P-1 district will allow for development in a manner substantially similar to that of the areas immediately surrounding the Project. The 13 residences proposed for the 7.9-acre CONTRA COSTA COUNTY Printed on 12/31/2025Page 10 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 residential development area will continue the single-family residential character of the adjacent Sky View court development to the south, as well as other established single-family residential neighborhoods located west of the site. Approximately 16 acres of the project site will remain zoned as A-2 and will be deed restricted to ensure preservation of undeveloped areas of the property. Residential Lots: The project includes an application for approval of a vesting tentative subdivision map, which will allow the creation of up to 13 residential lots within the designated 7.9-acre residential development area. The proposed lots will range in size from 15,368 square feet to approximately 27,827 square feet in area and will be developed with single-family residences constructed in compliance with the design standards of the project-specific P-1 district. The applicable setbacks, yards, and building heights will vary based on the size and location characteristics of each lot. Except as modified by conditions of approval and related project entitlements, the guide for development shall be the R-15 Single-Family Residential zoning district. C.Off-Street Parking: Each proposed single-family residence includes a two-car garage, consistent with the off-street parking requirements for single-family residential development. D.Traffic: The project has been reviewed for consistency with Contra Costa County Transportation Analys Guidelines. These guidelines state that residential projects resulting in 20 or fewer residential units would not expectedly result in significant traffic impacts warranting additional Vehicle Miles Traveled (VMT) analysis. The project consists of thirteen residential units, excluding ADU’s which are subject to separate ministerial approval and therefore are not included in this discretionary project. Therefore, the nature and scale of the project are such that no significant traffic-related impacts are anticipated as a result. E.Site Access and Circulation: Vehicular access to the project site for future occupants would be via a new cul-de-sac roadway, accessed via Camino Pablo. The project would implement roadway widening and frontage improvements, including a proposed +0.24-acre section along Camino Pablo (Parcel E on Proposed VTM), proposed to be dedicated to the Town of Moraga, that would result in a 38-foot-wide paved roadway within a 68-foot-wide right-of-way. An 8-foot paved sidewalk is also proposed along the property’s Camino Pablo frontage. As proposed, Camino Pablo would meet the County’s minimum width requirements for Private Collector Streets, as specified in Chapter 98-4 of the County Ordinance Code. However, the portion of the Camino Pablo fronting the project site is maintained by the Town of Moraga. The project is conditioned to require the developer to consult with Town of Moraga officials regarding frontage improvements along this right-of-way prior to filing a final map. F.Drainage: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on the property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse. The proposed drainage plan has been designed consistently with these requirements and does not require the granting of an exception to Division 914. Stormwater on site would be collected via drain inlets and pipes along the interior roadway (Street A) which direct the water towards C.3 facilities. Stormwater is ultimately discharged into existing storm drain infrastructure within the Camino Pablo right-of-way. County staff with the Department of Public Works, Engineering Services division have advised that there are no known drainage issues in the project vicinity. Thus, the implementation of the project drainage plan ensures project consistency with applicable requirements of Division 914 of the County Ordinance Code. G.Storm Water Management and Discharge Control Ordinance: This project is required to be in full compliance with the County’s Storm water Management and Discharge Control Ordinance, the Storm water “C.3” Guidebook (sixth edition), and the requirements of the Regional Water Quality Control Board. A preliminary Storm Water Control Plan dated June 30, 2023, has been submitted for review by the CONTRA COSTA COUNTY Printed on 12/31/2025Page 11 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 Engineering Services Division of the County Department of Public Works (PW). The project is conditioned to require the provision of a final SWCP for the review/approval of PW to ensure project compliance with all applicable C.3 regulations. H.Annexation to Lighting District: The project site is not within s lighting district. The Applicant will be required, as a condition of approval, to annex into the Community Facilities District (CFD) 2010-1 formed for the Countywide Street Light Financing. I.Area of Benefit Fee: The applicant will need to comply with the applicable requirements of the Bridge/Thoroughfare Fee Ordinance for the Central County Area of Benefit, as adopted by the Board of Supervisors. If the project is approved, County staff intend to coordinate with the Town of Moraga, to identify suitable nearby roads in which to invest these fees. These fees shall be paid prior to the issuance of building permits. J.Drainage Area Fee Ordinance: The project site lies within “unformed” Drainage Area 102. This area is not subject to any special drainage fee ordinance, or related fees. K.Community Benefits Agreement: The applicant has agreed to a community benefits agreement. The proposed agreement is attached. CONCLUSION AND STAFF RECOMMENDATION The proposed project is consistent with applicable policies and standards of the General Plan and zoning code. In addition, an environmental analysis of the project was completed and found that the proposed project would not have a significant impact on the environment with the incorporation of specific mitigations. Staff recommends approval of the Camino Pablo project, based on the attached findings and subject to the attached conditions of approval, which are included as Exhibit 1. CONSEQUENCE OF NEGATIVE ACTION: If the Board were to deny the project, the property owner would not be allowed to subdivide the property or construct the thirteen-unit residential development project. CONTRA COSTA COUNTY Printed on 12/31/2025Page 12 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF Approving a General Plan Amendment (County File CDGP #21-00004)for the Camino Pablo Project WHEREAS,the Contra Costa County Board of Supervisors held a public hearing on October 21,2025,to consider the Camino Pablo Project,proposed for the unincorporated Moraga area.The Project includes the adoption of a Mitigated Negative Declaration and adoption of the mitigation monitoring reporting plan prepared for the Project,a General Plan Amendment (County File #CDGP21-00004),a rezoning ordinance (County File #CDRZ21-03270),a major subdivision (County File #CDSD21-9646)and a preliminary and final development plan (County File #CDDP21-3012). WHEREAS,the General Plan Amendment for the Project reclassifies land proposed for residential development,a +7.9-acre southerly portion of the subject property,from Agricultural Lands (AL)to Residential Low Density (RL). WHEREAS,the General Plan Amendment for the Project reclassifies land proposed for conservation,a + 16-acre northerly portion of the subject property, from Agricultural Lands (AL) to Resource Conservation (RC). WHEREAS, a resolution is required under Government Code Section 65356 to amend a general plan. NOW, THEREFORE, BE IT RESOLVED 1. The Board of Supervisors makes the following General Plan Amendment findings: a.No change to the County Urban Limit Line (ULL)is proposed.No extension of urban services beyond the ULL is proposed.The subject site is located inside the ULL,and therefore may be designated for “urban”or “non-urban”development,as defined in the Contra Costa County 2045 General Plan.The proposed land use designations,Residential Low Density (RL)and Resource Conservation,are urban and non-urban respectively, and consistent with the ULL. b.Adoption of the proposed General Plan Amendment (GPA)will not violate the 65/35 Land Preservation CONTRA COSTA COUNTY Printed on 12/31/2025Page 13 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 b.Adoption of the proposed General Plan Amendment (GPA)will not violate the 65/35 Land Preservation Standard (the “65/35 Standard”),established by county voters through adoption of Measure C-1990 and reaffirmed through adoption of Measure L-2006.Under the 65/35 Standard,no more than 35 percent of the land in the county may be designated for development with urban uses and at least 65 percent of the land must be designated for non-urban uses such as agriculture,open space,parks,etc.Adopting the General Plan amendment would redesignate 7.9 acres of the project site from Agricultural Lands (AL)to Residential Low Density (RL).The remaining 16-acre conservation parcel,“Parcel A”,would be redesignated from Agricultural Lands (AL)to Resource Conservation (RC).The subject property is located within the Urban Limit Line (ULL).The RL land use designation is an urban land use designation,which can only be established within the ULL.As such,the property’s location is in compliance with the Urban Limit Line for the scope of the project. As of 2024,approximately 28%of the total countywide land area has been designated for urban uses.Thus, redesignating the 7.9-acre southern portion of the site from agricultural use to residential development poses no immediate threat to the County’s compliance with the 65/35 Standard.However,approval of the project may induce further development pressure on nearby agricultural lands also located within the ULL,including the remaining 16 acres of the project site as well as the 16-acre remnants of the Carr Ranch property immediately east of the project site.Mitigation Measure Agricultural Resources-1 has been included to mitigate the potential risk of future agricultural land conversion by establishing a deed restriction over the 16-acre open space “Parcel A”.Additionally,Parcel A would be redesignated to a Resource Conservation (RC)designation which further limits future urban development pressure over this area of the property,consistent with the intent and purpose of the 65/35 Land Preservation Standard.As such,adopting this General Plan amendment will not violate the 65/35 Land Preservation Standard. c.The current iteration of the Contra Costa County Growth Management Program was established by county voters through adoption of Measure J-2004.The project complies with the objectives and requirements of the Growth Management Program and related Contra Costa Transportation Authority (CCTA) resolutions. d.The County General Plan comprises an integrated,internally consistent,and compatible statement of policies governing land use in the unincorporated areas of the county.The proposed GPA affects only the Land Use Element Map and involves increasing the maximum allowable density for the subject site from 0.2 to 3 units per net acre.This change is consistent and compatible with surrounding lands within the ULL in the immediate project vicinity.The approval of the GPA would in no way interfere with the County’s ability to otherwise implement the General Plan.Adoption of the proposed GPA will not result in an internal inconsistency within the General Plan. e.Adoption of the proposed GPA is in the public interest.Adopting the GPA would redesignate 7.9 acres of the project site from Agricultural Lands (AL)to Residential Low Density (RL)and will generate 13 needed housing units.Redesignating the 7.9-acre southern portion of the site from agricultural use to residential development poses no immediate threat to the County’s compliance with the 65/35 Standard.However, approval of the project may induce further development pressure on nearby agricultural lands also located within the ULL,including the remaining 16 acres of the project site as well as the remnants of the Carr Ranch property immediately east of the project site.Mitigation Measure Agricultural Resources 1 has been included to mitigate the potential risk of future agricultural land conversion by requiring a deed restriction granting development rights over the 16-acre open space area identified on the VTM as “Parcel A”to the County. Additionally,the applicant has agreed to designate Parcel A under a Resource Conservation (RC)designation to further limit future development pressure on Parcel A.As such,adopting this General Plan amendment would provide a positive impact by halting further conversion of agricultural land in the area. f.Pursuant to Government Code Section 65358(b),no mandatory element of the General Plan may be amended more than four times per calendar year.The proposed GPA affects the Land Use Element,a mandatory element, CONTRA COSTA COUNTY Printed on 12/31/2025Page 14 of 15 powered by Legistar™ File #:RES 2025-408,Version:1 more than four times per calendar year.The proposed GPA affects the Land Use Element,a mandatory element, and constitutes the first amendment to such element for calendar year 2025. 2.The Board of Supervisors hereby ADOPTS the General Plan Amendment (County File CDGP#21-00004)to reclassify the Land Use Designation of the subject property from Agricultural Lands (AL)to Residential Low- Density (RL)and Resource Conservation,and ADOPTS the General Plan Amendment,County File #CDGP21- 00004, as the first General Plan amendment for calendar year 2025, as permitted by State Planning Law. CONTRA COSTA COUNTY Printed on 12/31/2025Page 15 of 15 powered by Legistar™ FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE CDSD23-09646, CDRZ23- 03270, CDGP21-00004, CDDP23-03012; BENOIT MCVEIGH DK ENGINEERING (APPLICANT), DOBBINS PROPERTIES, LLC (OWNERS) FINDINGS A. General Plan Amendment Findings 1.Required Finding: The adoption of the proposed General Plan amendment is in the public interest, as required under Government Code Section 65358(a). Project Finding: Adopting the General Plan amendment would redesignate 7.9 acres of the project site from Agricultural Lands (AL) to Residential Low Density (RL) and will generate 13 needed housing units. Redesignating the 7.9-acre southern portion of the site from agricultural use to residential development poses no immediate threat to the County’s compliance with the 65/35 Standard. However, approval of the project may induce further development pressure on nearby agricultural lands also located within the ULL, including the remaining 16 acres of the project site as well as the remnants of the Carr Ranch property immediately east of the project site. Mitigation Measure Agricultural Resources 1 has been included to mitigate the potential risk of future agricultural land conversion by requiring a deed restriction over the 16-acre open space area identified on the VTM as “Parcel A”. Additionally, the applicant has agreed to designate Parcel A under a Resource Conservation (RC) designation to further limit future development pressure on Parcel A. As such, adopting this General Plan amendment would provide a positive impact by halting further conversion of agricultural land in the area. 2.Required Finding: The adoption of the proposed General Plan amendment will not exceed the annual limit on General Plan amendments specified in Government Code Section 65358(b). Project Finding: Adoption of the General Plan amendment will not exceed the annual limit of four amendments to any mandatory element, as this would be the first amendment to the Land Use Element in 2025. 3.Required Finding: That upon adoption of the proposed General Plan amendment, the General Plan will remain internally consistent and compatible, as required under Government Code Section 65300.5(a). 47 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 2 of 42 Project Finding: Adoption of the proposed General Plan amendment will not cause inconsistency or incompatibility within the General Plan. Redesignating the project site from Agricultural Lands (AL) to Residential Low Density (RL) would not result in any policy changes that would be inconsistent or incompatible; rather, the redesignation simply allows for additional residences to be built compared to AL designation. 4.Required Finding: That adoption of the proposed General Plan amendment will not violate the provisions of the 65/35 Land Preservation Standard or Urban Limit Line, as outlined in Measure L -2006. Project Finding: Adopting the General Plan amendment would redesignate 7.9 acres of the project site from Agricultural Lands (AL) to Residential Low Density (RL). The remaining 16-acre open space parcel, “Parcel A”, would be redesignated from Agricultural Lands (AL) to Resource Conservation (RC). The subject property is located within the Urban Limit Line (ULL). The RL land use designation is an urban land use designation, which can only be established within the ULL. As such, the property’s location is in compliance with the Urban Limit Line for the scope of the project. As of 2024, approximately 28% of the total countywide land area has been designated for urban uses. Thus, redesignating the 7.9-acre southern portion of the site from agricultural use to residential development poses no immediate threat to the County’s compliance with the 65/35 Standard. However, approval of the project may induce further development pressure on nearby agricultural lands also located within the ULL, including the remaining 16 acres of the project site as well as the 16-acre remnants of the Carr Ranch property immediately east of the project site. Mitigation Measure Agricultural Resources-1 has been included to mitigate the potential risk of future agricultural land conversion by establishing a deed restriction granting development rights over the 16-acre open space “Parcel A” to the County. Additionally, Parcel A would be redesignated to a Resource Conservation (RC) designation which further limits future urban development pressure over this area of the property, consistent with the intent and purpose of the 65/35 Land Preservation Standard. As such, adopting this General Plan amendment will not violate the 65/35 Land Preservation Standard. 5.Required Finding: That adoption of the proposed General Plan amendment is compliant with the provisions of Measure J-2004, the Contra Costa Growth 48 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 3 of 42 Management Program, and related Contra Costa Transportation Authority resolutions. a)Project Finding: The Contra Costa Transportation Authority (CCTA) is the County’s designated Congestion Management Agency (CMA) who is responsible for administering the Measure J ½ cent sales tax to fund a voter-approved Expenditure Plan of transportation programs and projects, and to administer the Growth Management Program (GMP) that is designed to help Contra Costa County plan for and accommodate the continued increases in population, households, and jobs that are expected to occur through the year 2035. The Measure J Expenditure Plan allocates funding for major projects and programs, including Local Transportation Maintenance and Improvement funds (i.e., return- to-source). To be eligible to receive return-to-source funds, local agencies must demonstrate compliance with the core requirements of the Measure J GMP. One component of compliance requires local agencies to evaluate the impacts of proposed new development and general plan amendments (GPA) by preparing a CCTA-compliant traffic study and evaluating impacts on the relevant Regional Transportation Planning Committee’s (RTPC) Action Plans for Routes of Regional Significance (RRS). However, some projects and GPAs may not generate traffic volumes that trigger the threshold for application of these review procedures or negatively affect Action Plan’s Regional Transportation Objectives (RTOs). Typically, major development projects and GPAs with 100 or more net-new peak hour vehicle trips would require notification to the RTPC and preparation of a traffic study. GPAs of 500 or more net-new peak hour vehicle trips would be subject to all of the above, as well as the GMP GPA review process (i.e., consultation with neighboring jurisdictions). The proposed project includes a GPA, rezone, and a single-family residential subdivision (13 single-family residences of which 11 will contain attached accessory dwelling units (ADU)). The site is 23.9-acres where the southern 7.9 acres will contain all proposed development, and the remaining northern 16.0 acres would remain as unimproved open space under a Resource Conservation land use designation. The proposed project site is located within the Lamorinda Action Plan area and is not directly accessible by any RRS. Given the scope of the proposed project (13 single-family units with 11 ADUs), review by the RTPC or application of the GMP GPA review process would not be required. Additionally, the County complies with all core requirements of the GMP. Therefore, adoption of the 49 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 4 of 42 proposed GPA and resulting development would be consistent with the provisions of Measure J and CCTA GMP. B. Rezoning Findings 1.Required Finding: The change proposed will substantially comply with the general plan. Project Finding: The project includes rezoning a 7.9-acre area of the 23.9-acre of the project site from its present General Agricultural (A-2) district to a site-specific Planned Unit (P-1) zoning district for residential development. Approximately 16 acres of the project site would remain zoned as A-2. The project also includes a General Plan Amendment redesignating the same area’s General Plan land designation from Agricultural Lands (AL) to Residential Low-Density (RL). The project includes the development of single-family residences within the P-1 zoning district, consistent with the uses permitted RL designation. The project density within the P-1 district is consistent with the range of densities permitted within RL. Additionally, the residential land uses permitted under the project-specific P-1 will also be consistent with various other applicable policies and goals of the General Plan associated with the 65/35 Land Preservations Standard, transportation, utilities, conservation, and safety. 2.Required Finding: The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Project Finding: The project-specific P-1 zoning district will allow for the development of 13 single-family residential lots and associated improvements. The immediate project vicinity includes single-family residential development existing south and west of the project, and grazing lands to the north/east. The project does not involve any non-residential land uses within the P-1 district, thus, there is little potential for conflict with established residential or pastoral land uses. The residential development area will be consistent in scale and size existing residential development existing south/west of the site. Conformance with applicable regulations and policies set forth by Contra Costa County requiring design review, such as Ordinance Code 84-66.1402 (design objectives for P-1 planned unit districts), will further ensure that the visual character and quality of the Residential Development Area is consistent with community standards. Therefore, the uses permissible within the site-specific planned unit district are compatible within the district, as well as to uses authorized in adjacent districts. 50 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 5 of 42 3.Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: There is an increasing and continuous demand for additional housing stock within Contra Costa County, which the project’s residential uses will contribute towards reducing. In addition, the project’s deed restriction over undeveloped open space grazing land for permanent protection and preservation helps sustain the County’s 65/35 Land Preservation Standard. C. Vesting Tentative Map Findings 1.Required Finding: The advisory agency shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement is consistent with the applicable general and specific plans required by law. Project Finding: The Project’s Vesting Tentative Subdivision Map (VTM) application has been reviewed along with all other submitted plans, and for compliance with applicable regulations in effect on the date the application was deemed complete. The development shown on the VTM, as a whole, is consistent with the General Plan as explained in further detail in the "General Plan Consistency" section of these findings. There is no specific plan that covers the Project Site. 2.Required Finding: The advisory agency shall make findings as required concerning the fulfillment of construction requirements. Project Finding: The project will be subject to building code provisions which are applicable at the time when building permit applications are submitted. The VTM has been conditioned to require the undergrounding of all new utility distributions within the 7.9-acre residential development area. Any relevant undergrounding would be subject to Government Code section 66473.6, addressing reimbursements for relocating or undergrounding certain utilities. Additionally, the Project has been conditioned in a manner that requires the Applicant to complete most of the construction requirements (i.e. roadway improvements, drainage improvements) prior to recordation of the Final Map unless construction of said improvements is guaranteed with sufficient security in accordance with the 51 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 6 of 42 relevant provisions of the Subdivision Map Act and the County’s Subdivision Ordinance. D. Findings of Approval of P-1 Zoning District and Final Development Plan 1.Required Finding:The applicant intends to start construction within two and one- half years from the effective date of the zoning change and plan approval. Project Finding:The applicant has indicated that they intend to commence construction within 2 ½ years off the effective date of the zoning change and plan approval. 2.Required Finding:The proposed planned unit development is consistent with the County General Plan. Project Finding:The project includes a General Plan Amendment from Agricultural Lands (AL) to Residential Low-Density (RL) and includes a rezone of 7.9 acre portion of the 23.9-acre project site to a Planned Unit District. (P-1). The RL General Plan designation is appropriate for low-density, predominantly single-family residential development on lots ranging from approximately 15,000 square-feet to one-acre in area. Residential density ranging from 1-3 Primary land uses in the RL designations shall include residences and structures typically ancillary thereto. The residential project is consistent with the Contra Costa County 2045 General Plan, as summarized below. Urban Limit Line and 65/35 Land Preservation Standard: The project site is located entirely within the County’s Urban Limit Line, and includes a proposal to redesignate a 7.9-acre portion of the site from its present Agricultural Lands (AL) designation to a Residential Low Density (RL) designation, while the remaining 16- acre portion of the site outside of the area of development would be redesignated to Resource Conservation (RC). As of 2025, approximately 28% of the total countywide land area has been designated for urban uses. Thus, redesignating the 7.9-acre area of development from an agricultural (non-urban) to a residential (urban) designation is inconsequential insofar as the County’s compliance with the 65/35 Land Preservation Standard is of concern. The project includes the establishment of a deed restriction over a 16-acre area (67%) of the project site which would preclude future urban development on the site at a ratio that is consistent with the 65/35 52 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 7 of 42 Land Preservation standard. Thus, the project would be consistent with the goals of the 65/35 Land Preservation Standard. Land Uses: The entire project site is located within an AL General Plan Land Use designation. As part of the proposed Project, the applicant seeks approval of a General Plan Amendment to change the 7.9-acre residential development area to a Single-Family Residential Low-Density (SL) designation. The project proposes maintaining the remaining 16-acres of the project site (identified as Parcel A on the VTM) as open space grazing land within its present AL designation. On November 5, 2024, while the Camino Pablo project applications were being processed, the Board of Supervisors adopted the Contra Costa County 2045 General Plan. Upon the adoption of the 2045 General Plan, the SL designation was replaced by the RL designation throughout unincorporated Contra Costa County. The RL designation closely matches the SL designation in terms of density and allowed uses. Consequently, the project description has been changed to reflect the newly created RL land use designation. At the suggestion of staff, the applicant has agreed that the newly-created RC land use designation, the successor to the prior General Plan’s Open Space designation, would be most appropriate for Parcel A given its intended preservation as open space grazing land. The land uses permitted within the RL designation include low density, predominantly single-family residences on lots approximately 15,000 square-feet to one-acre in size. Limited non-residential uses that serve and support nearby homes may also be permissible within the RL designation. The Resource Conservation (RC) designation is applied to the watersheds of reservoirs owned by public utilities, mitigation banks, habitat restoration sites, ecologically significant or environmentally sensitive areas that are not within publicly-owned parkland. The project is immediately adjacent to East Bay Municipal Utility District’s East Bay watershed lands, including Upper San Leandro watershed which is adjacent to the project site. Additionally, CDD staff has identified Mitigation Measure Agricultural Resources-1, which would restrict structural development/improvements in the area of Parcel A via Grant Deed of Development Rights to Contra Costa County over this area of the Project site. Parcel A would remain as unimproved open space lands to by managed by the HOA, consistent with the RC designation. Density: The RL designation allows for residential densities between 1-3 dwelling units per net acre. The 7.9-acre southern portion would have a net development area of 6.65 acres (without street Parcels D and E) with a resultant net density of 53 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 8 of 42 1.95 residential units per acre, which would be within the 1 and 3 dwelling units per net acre density range for the RL General Plan land use designation. There are no density standards applicable to the RC designation. Based on the above, the density of the project will be consistent with the allowed range detailed in the County General Plan. Property Size: The General Plan Land Use Element indicates that sites within the RL designation can range from 15,000 square feet up to 1-acre in area. Lots within the residential development area will range between 15,368 to 27,827 square feet in area, all within specified range. The RC designation lacks discussion of a desired or anticipated property size for the designation since residential uses are not permitted within this land use designation. The area of residential development is consistent with the RL designation in terms of anticipated parcel sizes. Stronger Communities Element: The Stronger Communities Element of the 2045 County General Plan provides policies for specific geographic areas of the unincorporated County. These specific area policies focus on providing additional policies that pertain to the unique characteristics and needs of each identified area. The Stronger Communities Element identifies 22 communities, selected through public input and collaboration with County staff, and provides policies/goals for each. The project site, and the Lamorinda area in general, are not amongst the communities identified therein. Growth Management Element: To regulate growth associated with development projects, the Growth Management Element of the General Plan includes policies intended to achieve the following goals: 1) that new residential and nonresidential growth pay for the facilities required to meet the demands resulting from that growth, 2) cooperative transportation and land use planning in Contra Costa County, 3) land use patterns that make more efficient use of the transportation system, and 4) infill and redevelopment in existing urban and brownfield areas. The project is subject to regional development mitigation fees, including those established by the locally-applicable regional transportation planning committee, consistent with Policy GMP1.1 and GMP1.2. The project would not generate 100 or more daily peak hour trips, and thus does not warrant additional study for consistency with Contra Costa Transit Authority’s travel demand forecasting, as specified in policy #GM-P2.3. The project fronts Camino Pablo, a county designated bicycle route within this area of the County. project is along a major thoroughfare for the area, which allows for the infill project to make efficient use of the existing transportation system, consistent with Goal GM-3. The project also supports multi- 54 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 9 of 42 modal transportation with the inclusion of a new sidewalk along the interior cul- de-sac roadway as well as improvements to existing sidewalk along the project’s Camino Pablo frontage. Based on the above, no conflicts are anticipated with the goals and policies within the Growth Management Element. Housing Element: The Housing Element of the General provides an assessment of both the current and future housing needs within the County, and to includes strategies that establish housing goals, policies, and programs. To implement and address the County’s housing needs and issues there are eight goals (HE-1 through HE-8) and goal-specific policies that are provided within the General Plan that address needs such as Housing/Neighborhood Conservation, Housing Production, Special Needs Housing, Housing Affordability, Provision of Adequate Residential Sites, Removal of Governmental Constraints, and the Promotion of Equal Housing Opportunities; some of which are implemented at a regional, policy, or program level, and thus would not be enforced at the planning review stage for an individual development project. As part of development review of the project, staff identified policies HE-1, HE-2 and HE-4 as applicable to the development. As discussed below, the project is consistent with and in furtherance of applicable housing element policies. Housing Element Goal HE-1 is to “maintain and improve the quality of the existing house stock and residential neighborhoods in Contra Costa County.” The project is consistent with this goal as this project is residential in nature and would result in the construction of additional housing in the unincorporated Moraga area. Housing Element goal HE-2 is to “increase the supply of housing with a priority on the development of affordable housing.” The project would increase the housing stock in the area. Although no deed-restricted affordable units are, the project proponent has elected to contribute an in-lieu fee to comply with County’s Inclusionary Housing Ordinance (IHO) requirements for the provision of affordable housing in the County. The project’s compliance with the IHO is consistent with Housing Element goal HE-4 to “improve housing affordability for both renters and homeowners.” Conservation, Open Space, Working Lands Element: The Conservation Element of the General Plan is concerned with the identification, preservation, and management of natural resources within the County including agricultural, ecological, water, historic and cultural, scenic, mineral and energy resources. There are no known mineral resources on the property. As part of the environmental review of the Camino Pablo project, staff has identified potential impacts to cultural resources, open space, and biological resources. With the implementation of 55 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 10 of 42 mitigation measures, all such impacts are expected to occur at less than significant levels, if at all. Due to the project site’s location adjacent to the urbanized Town of Moraga, the potential for such resources existing on or in close proximity to the site is low. The project site has been completely disturbed by prior land-use activities, and vegetation is sparse due to compacted gravel applied to much of the site. There are no known occurrences of special status species of plants/wildlife on or near the site. There are no creeks/waterway, agricultural lands, or known mineral or cultural resources on or near the subject property. Therefore, the project has little to no potential for conflict with conservation policies intended to conserve such resources within Contra Costa County. Public Facilities and Services Element: The Public Facilities and Services Element requires that new developments demonstrate that fundamental utilities and services can be provided to support the project. Accordingly, the availability of services such as fire protection and police protection, as well as the availability infrastructure for water, sanitary sewer, drainage, and recreational services are analyzed during the application review process. •Fire Protection: As explained more fully in the Final IS/MND, the Project Site is in an area served by the Moraga-Orinda Fire District (MOFD). The County and the MOFD have communicated throughout the application review and CEQA review portions of the Project. At the recommendation of the MOFD, Mitigation Measure Public Services-1 has been added to the project, requiring the preparation of a Fire Protection Plan (FPP) for the district’s review and approval. The development and implementation of the FPP will ensure that the project utilizes fire-resistant construction materials and create appropriate defensible space buffers, will ensure that the MOFD is able to provide effective emergency fire services to the project. •Police Protection: The project site is within an area of the County served by the County Sherriff’s office. The population increase associated with the 13 residential units is estimated to be approximately 37 persons. This represents a marginal increase for the area and thus, would only result in a nominal increase in calls for law enforcement. There is no indication in the record that the project would result in the need for new or expanded Sheriff facilities in order to maintain acceptable service ratios, response times, or other performance objectives. Further, the project is conditioned to require the formation of police services district for the 13 lots. 56 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 11 of 42 •Water: The Project Site is not currently located within the service area of a public water supplier, but is physically adjacent to the service area for the East Bay Municipal Utility District (EBMUD). In agency comments provided by the EBMUD, it is indicated that water service is available to the project upon annexation of the property within their service boundaries and sphere of influence. Thus, the project will have access to an adequate municipal water supply. •Sanitary Sewer: The Project Site is not currently located within the service area of a public sanitary sewer provider but is physically adjacent to the service area for the Central Contra Costa Sanitary District (CCCSD). In agency comments provided by the CCCSD, it is indicated that sewer service is available to the project upon annexation of the property within their service boundaries and sphere of influence. Thus, the project will have access to an adequate sanitary sewer system. •Drainage: The majority of the Project Site would be left undeveloped, and thus the existing drainage patterns in those areas would not be modified. Construction of the residences and streetscape improvements will require the installation of a new on-site storm drainage system. The new drainage system will consist of street gutters, inlets, basins, and underground piping that will convey runoff to existing storm drain infrastructure within the Camino Pablo right-of-way. With the implementation of the new storm drainage system, designed to the specifications required under Division 914 of the County Ordinance Code ensure that the project will not result in the need for new or expanded unplanned off-site storm drain facilities. •Recreational Services: The California Department of Parks and Recreation, the East Bay Regional Parks District, County, and incorporated cities in the vicinity of the Project Site each maintain state, County, or local parks, trails, and/or community recreational facilities throughout the County for public use. To ensure sufficient recreational areas are established to serve the County, the General Plan’s Growth Management Element and the County Ordinance Code (Section 920-6.202) require three acres of neighborhood parks and recreational facilities per 1,000 members of the population. As stated previously, the project would not cause a significant population increase in the Moraga area. Accordingly, the project would not result in a significant increase in the use of existing recreational public resources in the area. Since the project would only marginally increase population in the area by an estimated 37 persons, and has ample access to existing 57 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 12 of 42 parks, including Rancho Laguna Park +750 feet south of the project, the project will not expectedly necessitate the provision of new park facilities. Additionally, all new single-family residences in unincorporated Contra Costa County are subject to Park Dedication and Park Impact Fees, which are collected prior to the issuance of building permits for the new single- family dwellings. The small scale of the project, and the collection of requisite Park Impact and Park Dedication fees ensures that the project will not result in any significant adverse impacts on park facilities in the County. Health and Safety Element: The Health and Safety Element of the General Plan is coordinated with the Land Use Element, and as a result may at times justify the lowering of density or alternate design modification for development such as the proposed residential project based on health/safety hazards such as seismic hazards, air quality, wildfire hazards, and other hazards associated with climate change. The project site is not located within a FEMA flood hazard zone. The project site is not along the coastline, or waterways, thus, no conflict would arise with policies pertaining to flooding or sea level rise. The project site is not located within a liquefaction hazard, or Alquist-Priolo Fault hazard zones, as mapped by the California Department of Conservation. However, the site, including a portion of the residential development area, is within a landslide hazard zone, and past landslides have occurred on the subject property. General Plan Health and Safety Policies HS-P11.1 through HS-P11.6, require mapping of seismic hazards, prohibit construction of buildings where seismic hazards cannot be mitigated, and discourage construction within fault zones and steeply sloped areas. Various Geotechnical review letters prepared for the site by consulting engineers, ENGEO, have concluded that development of the site is feasible and provide recommendations for foundation design that are appropriate for the geologic setting. The project has been forwarded to the County peer review geologist, who concurs that existing landslide hazards on site can be mitigated through the use of soundly-engineered building foundations. All recommendations from the peer-review geologist have been incorporated as conditions of approval. Therefore, the project will mitigate geologic hazards consistent with the aforementioned policies of the Health and Safety Element. The project site is located within a Very High Fire Hazard Severity Zone (VHFHZ), as mapped by CalFire. General Plan Policy #HS-P7.1 instructs decision makers to deny entitlements for projects creating additional residential units within the VHFHZ. General Plan Policies #HS-P7.3 and #HS-P7.4 recognize that new 58 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 13 of 42 development may be approved in VHFHZs and if so, require the preparation of a traffic control plan and fire protection plan. These policies are not applicable to the Camino Pablo project due to the fact that the project was deemed complete on October 2, 2023, prior to these policies becoming effective when the Contra Costa County 2045 General Plan was adopted on November 5, 2024. However, in consultation with the Moraga Orinda Fire Protection District, (MOFD), it was determined that due to the fire prone nature of the area, the project will be required to provide a Fire Protection Plan, for review/approval by the Moraga Orinda Fire Protection District, consistent with Policy #HS-P7.4. The fire protection plan will provide measures for fire-resistant construction material and modifying fuel loading. The project is subject to fire district requirements to provide defensible space, and the provision of adequate water supply for fire suppression purposes. With the development and implementation of the Fire Protection Plan the project would achieve some consistency with Fire Hazard Policies specified within the Health and Safety Element. Transportation Element: The Transportation Element of the General Plan includes policies and goals intended to promote implementation of an effective transportation system that emphasizes multi-modal transportation. The project site is located along Camino Pablo in the unincorporated Moraga area of the County. The project includes a sidewalk along one side of the interior access roadway, which connects to existing sidewalk improvements along the portion of Camino Pablo fronting the site. The project includes roadway improvements at the project site along Camino Pablo. The project is conditioned to require the applicant to consult with the Town of Moraga regarding frontage improvements along this right-of-way, including studies relating to the installation of traffic calming measures or the removal of on-street parking to facilitate the installation of a Class II bicycle lane. The project, including anticipated frontage improvements along Camino Pablo, is consistent with and in furtherance of Transportation Element polices requiring development projects to minimize conflicts between vehicles and pedestrians/cyclists (Policy TR-P3.2), manage access points along collector roadways by minimizing vehicular access points (Policy TR-P4.4), and designing roadways to include traffic calming and complete streets features to accommodate emergency response vehicles while maintaining safety for vulnerable road uses (Policies TR-P4.10). 3.Required Finding:In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. 59 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 14 of 42 Project Finding:The residential development area will be located in a small southerly portion of the site and focused in an area of minimal topographical relief in a small “saddle” nestled between two small hilltops. The residential development would be lower in elevation (than the hilltops along the eastern property boundary, where site elevations are highest and which is adjacent to open space and more prominent easterly ridgelines. The project’s residential uses will be consistent with the aesthetics of the existing residential and urban character of the areas to the west, northwest, and south. Additionally, since low density residential land uses are considered compatible with pastoral land uses, and therefore would not conflict with adjacent open space lands east and north of the site. The residential component of the project has been designed to complement surrounding architectural styles and will include building materials similar to those used in residential developments in the project vicinity. In addition, improvements within the residential development area will be consistent, in scale and size, with other development in the immediate vicinity of the project site, including one- and two- story residences within adjacent subdivisions. Conformance with applicable regulations and policies set forth by Contra Costa County that require design review, such as Ordinance Code 84-66.1402 (design objectives for P-1 planned unit districts), will ensure that the visual character and quality of the Residential Development Area is consistent with community standards. 4.Required Finding:The development of a harmonious integrated plan justifies exceptions from the normal application of this code. Project Finding:The project site presently consists of 23.9 acres of pastoral land amongst rolling hillsides that steadily increase in elevation towards the eastern property boundaries and beyond. The topographical characteristics of the site are such that the project will require numerous retaining walls throughout the residential development area, many of which extend across multiple adjoining lots and would necessitate numerous variance approvals within a traditional zoning district. Excluding the aforementioned retaining walls, residential development within the P-1 district has been designed to conform to development standards (i.e. setbacks, minimum side/rear yards, building height) that are applicable within the Single-Family Residential (R-15) District. E. Environmental Findings Following are the findings required pursuant to the California Environmental Quality 60 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 15 of 42 Act (CEQA) to adopt a Mitigated Negative Declaration/Initial Study for the project, prior to the approval of a project. •A draft Mitigated Negative Declaration/Initial Study (MND), State Clearinghouse Number SCH 2024110934, was prepared for the Camino Pablo project on November 26, 2024. The public review period for the draft MND started on November 26, 2024 and extended through December 26, 2024. On December 13, 2024, at the request of the applicant, CDD staff published a revised IS/MND which corrected typographical errors and added clarification to discussion of mitigation measures identified in CEQA checklist sections pertaining to Public Services and Wildfire. The revised draft IS/MND was recirculated on December 13, 2024 and the public comment period was extended through January 15, 2025. On September 3, 2025, the draft MND was recirculated to notify the adjacent nearby property owners and occupants that were not notified of the public review period for the previously circulated MND with a comment period extending through October 3, 2025. •A Final MND has been prepared for the Camino Pablo Project, including the comments received on the draft IS/MND, responses to the comments received, and staff-initiated text changes. •The comments received and staff responses to the comments do not substantially alter staff’s findings regarding potentially significant project related impacts, nor do they diminish the effectiveness of mitigation measures identified within the draft MND. •The text changes are not the result of any new significant adverse environmental impact, do not diminish the effectiveness of any mitigation included in the pertinent section, and do not alter any findings in the section. •On the basis of the whole record before it, including the draft and final MND, the Board of Supervisors finds that: i. There is no substantial evidence that the project with the identified mitigation measures will have a significant effect on the environment; ii. MND SCH 2024110934, consisting of the draft MND and final MND, reflects 61 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 16 of 42 the County’s independent judgement and analysis; iii. The MND is adequate and complete; and iv. The MND has been prepared in compliance with the California Environmental Quality Act and the State and County CEQA guidelines. CONDITIONS OF APPROVAL FOR COUNTY FILES # CDGP21-00004, CDRZ23-03270, CDSD23-09646, CDDP23-03012 Project Approval 1. The General Plan Amendment, Rezoning, Vesting Tentative Map and Final Development Plan for the Camino Pablo 13-lot residential subdivision are APPROVED as generally shown on the following documents: •Project application and materials submitted to the Department of Conservation and Development, Community Development Division (CDD) on April 20, 2023; •General Plan Amendment, Rezoning, Final Development Plan & Vesting Tentative Map Subdivision #9646, by dk Engineering, stamped received by CDD on June 30, 2023; •Revised architectural plans,Camino Pablo, by Hunt, Hale, Jones, stamped received by the CDD on June 30, 2023; •South Camino Pablo Preliminary Landscape Plan by Camp & Camp Associates, stamped received by the CDD on June 30, 2023; •Geotechnical review letter by ENGEO, dated June 29, 2023; •Camino Pablo Hydrologic & Hydraulic Analyses by dk Engineering, stamped received June 30, 2023; •Preliminary Stormwater Control Plan prepared by dk Consulting, stamped received June 30, 2023; Application Costs 2. The applications submitted were subject to an initial deposit of $5,200 for General Plan Amendment, $7,000 for rezoning, $11,000 for major subdivision, and $7,000 for the final development plan. The applications are subject to time and material costs if the 62 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 17 of 42 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. Site Specific Planned-Unit (P-1) Zoning District 3. Permitted Land Uses within the Planned Unit (P-1) District shall be administered consistently with those permitted within the R-15 single-family residential zoning district. 4. Except as modified by these conditions of approval and related Project entitlements, the guide for development shall be the R-15 Single-Family Residential Zoning District. Accessory Dwelling Units 5. This approval does not constitute Accessory Dwelling Permit approvals. The establishment of an Accessory Dwelling Unit on any lot resultant from this subdivision shall be subject to CDD review and approval of a separate ministerial ADU permit application. Indemnification 6. The applicant agrees to defend, indemnify, and hold harmless Contra Costa County and its agents, officers, and employees from any claim, action, or proceeding against the County or its agents, officers, and employees to attack, set aside, void, or annul this approval. The applicant also agrees to defend, indemnify, and hold harmless Contra Costa County and its agents, officers, and employees from any and all liability caused by negligent or wrongful acts of the applicant, its agents, or employees arising out of the issuance or exercise of this Development Plan permit, or the interpretation of any of its provisions, and to pay all claims, damages, judgements, legal costs, adjuster fees, and attorney fees incurred by the County or its agents, officers, and 63 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 18 of 42 employees related thereto. The applicant shall be entitled to select its own legal counsel in the defense of all such actions. The applicant shall provide written acknowledgement and acceptance of this condition of approval. Compliance Report 7.At least 45 days prior to recordation of the Final Map, issuance of a grading or building permit, or tree removal, whichever occurs first, the applicant shall submit an application for COA Compliance Review and provide a report on compliance with the conditions of approval of this permit for the review and approval by the CDD. The report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. The CDD may reject the report if it is not comprehensive with respect to the applicable requirements for the requested permit. The fee for this application is a deposit of $1,500.00 that is subject to time and material costs. Should staff costs exceed the deposit, additional fees will be required. Except for those conditions administered by the Public Works Department, the report shall list each conditions followed by a description of what the applicant has provided as evidence of compliance with that condition. A copy of the permit conditions of approval may be obtained from the CDD. Affordable Housing – Inclusionary Housing The following conditions of approval are for the purpose of compliance with Chapter 822- 4 (Inclusionary Housing Ordinance) of the County Ordinance Code. Terms and definitions used in the following conditions of approval may be found in the above-referenced County Ordinance Code. 8. The project includes a general plan amendment, rezoning, development plan, and subdivision of 23.90 acres for the construction of 13 for-sale units and is subject to County Ordinance Code, Chapter 822-4, Inclusionary Housing Ordinance. Terms and definitions regarding the Inclusionary Housing Ordinance are pursuant to this chapter. The intent of the Inclusionary Housing Ordinance is to require at least 15 percent of the dwelling units in a residential development of five or more for-sale units to be developed as inclusionary units Chapter 822-4.410(b). 64 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 19 of 42 As an alternative to the requirement to construct inclusionary housing, the applicant/owner has proposed the payment of a For-Sale Housing Fee per the Inclusionary Housing Plan signed by the applicant on June 30, 2023. This alternative to collect an in-lieu fee, as established in DCD’s fee schedule, has been accepted per Section 822-4.404. Prior to the recordation of a final map, parcel map, or CDD approval of any building permits for the proposed development, including grading permits, the applicant shall pay to the County the full amount of the Inclusionary Housing Ordinance For-Sale Housing In-Lieu fees. The current calculation of the in-lieu fee is $85,800.78. The final calculation of the in-lieu fee will be calculated upon payment. This in-lieu fee is non- refundable and non-transferable. In-lieu Fee Calculation: $ 6,600.06/unit x 13 for-sale units = $85,800.78 Police Services District 9. Election for Establishment of a Police Services District to Augment Police Services: Prior to the recordation of the final map the property owner shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. The tax shall be a per parcel annual amount (with appropriate future CPI adjustment) established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to filing the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time the election is requested by the owner. Allow a minimum of three to four months for processing. Child Care 10. Prior to the issuance of building permit for a new residence, the applicant shall pay a per unit fee toward childcare facility needs in the area, as established by the Board of Supervisors. The current childcare fee is $400 per unit, however, the actual fee collected will be that which is applicable at the time of building permit issuance. Landscaping 11.At least 45 days prior to recordation of the Final Map, issuance of a grading or building permit, whichever occurs first,the applicant shall provide a final landscape and irrigation plan for all landscaped areas of the project for CDD 65 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 20 of 42 review/approval. The landscaping plan shall conform to the California Model Water Efficient Landscape Ordinance as well as the County’s Landscapes Ordinance, if one is adopted. Prior to requesting final inspection, the approved landscaping shall be installed, and evidence of the installation (e.g. photos) shall be provided for the review and approval of CDD. Defensible Space – Fuel Management 12. Vegetation removal activities, as may be necessary within ephemeral drainage feature(s) for fire suppression (fuel management) purposes, shall be limited to hand- operated string trimming or other less intrusive methods recommended by the consulting biologist. Discing, mowing, grubbing, or any vegetation management using vehicles shall be prohibited within the drainage feature. Site Lighting 13. All outdoor lighting within the residential development area should be directed downward and/or shielded to prevent light spillover onto adjacent properties. Park Impact/Park Dedication Fees 14. Prior to issuance of a building permit for a new residence, the applicant shall pay a per-unit park dedication fee, as established by the Board of Supervisors. 15. Prior to the issuance of a building permit for a new residence, the applicant shall pay a per-unit park impact fee, as established by the Board of Supervisors. Street Names 16.Prior to recordation of the Final Map,proposed street name(s) shall be submitted for review by the Department of Conservation and Development, GIS/Mapping section. Alternate street names should be submitted. CDD certification of the Final Map may occur after street name approval. Provision of Utility Service to Subdivision 17.Prior to recordation of the Final Map,the applicant shall provide evidence that the property has been annexed within the service boundaries of the East Bay Municipal 66 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 21 of 42 Utility District. 18.Prior to recordation of the Final Map,the applicant shall provide evidence that the property has been annexed within the service boundaries of the Central Contra Costa Sanitary District. Community Benefits Agreement 19. The applicant has agreed to enter into a Community Benefits Agreement with the County to make a one-time community benefits contribution to the County to benefit the local community, which funds may be used to, for example and without limitation: establish, maintain or enhance open space lands, parks, or trails; or establish, maintain, or beautify other community improvements.Within 30 days of the Board of Supervisors’ approval of the project, the applicant shall provide CDD staff with evidence that the permittee and County have entered into an agreement which details the terms and conditions of executing the permittee’s planned Community Benefits initiative. The agreement shall be consistent with the draft Community Benefits Agreement attached to the October 21, 2025, Board Order of the Board of Supervisors. MITIGATION MEASURES FROM THE MITIGATION MONITORING PROGRAM APPLIED AS CONDITIONS OF APPROVAL FOR COUNTY FILE #CDGP21-00004, CDRZ23-03270, CDSD23-09646 & CDDP23-03012 Agricultural Resources 20. A restricted development/scenic easement for the subdivision shall be established over the 16-acre open space Parcel A of the Vesting Tentative Map, requiring its preservation in perpetuity as open space. This will substantially limit the extent to which future conversion of agricultural lands could occur in the vicinity by providing permanent protection of open space land that comprises roughly 65% of the project site. (M.M. Agricultural Resources-1) The Property owner shall relinquish "development rights" over the 16-acre open space Parcel A of the Vesting Tentative Map by conveying the development rights to the County by grant deed.Prior to recordation of the Final Map,a draft of the grant deed of development rights shall be submitted for the review and approval of the 67 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 22 of 42 Community Development Division (CDD). The grant deed of development rights shall be recorded concurrently with the final map. Air Quality 21. The following dust control measures, as recommended by the Bay Area Air Quality Management District (BAAQMD) shall be included on the construction drawings for the project, and implemented during construction: (M.M. Air Quality-1) a. All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least two times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard. c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph. g. All truck equipment, including their tires, shall be washed off prior to leaving the site. h. Unpaved roads providing access to sites located 100 feet of further from a paved road shall be treated with a 6- to 12-inch layer of compacted wood chips, mulch or gravel. i. The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The County and the construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. 22. The following emissions measures, as recommended by the Bay Area Air Quality Management District (BAAQMD) shall be included on the construction drawings for the proposed project and implemented during construction: (M.M. Air Quality-2) 68 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 23 of 42 a. Idling times shall be minimized either by shutting equipment off when not in use of reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. b. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. c. The applicant shall require construction contractors to reduce construction related fugitive VOC emissions by ensuring that low-VOC coatings having a VOC content of 50 grams per liter or less are used during the coating of the buildings interiors and exterior surfaces. d. All construction equipment larger than 50 horsepower used at the site for more than two continuous days or 20 hours total shall utilize diesel engines that are USEPA certified “Tier 4 final” emission standards for particulate matter and be equipped with CARB-certified Level 3 Diesel Particulate Filters. Prior to the CDD stamp approval of any construction plans for the issuance of demolition, construction, or grading permits, the construction contractor shall submit the specifications of the equipment to be used during construction to CDD staff. Biological Resources 23. Prior to issuance of a grading permit, special-status plant surveys shall be conducted for the bent-flowered fiddleneck (Amsinckia lunaris), Mt. Diablo fairy lantern (Calochortus pulchellus), and Diablo helianthella (Helianthella castanea). The plant surveys shall be conducted during the March through June blooming period in which the species are most identifiable. These surveys shall be conducted in compliance with all survey guidelines published by the California Department of Fish and Wildlife (CDFW, 2018), U.S. Fish and Wildlife Service (USFWS, 2011), and California Native Plant Society (CNPS. 2001). If the survey finds any of the listed special-status plant species on the project site, the applicant shall consult with the USFWS and/or CDFW, as appropriate, to develop an approved mitigation plan to ensure that potential impacts to the identified species are less than significant. The applicant shall fully implement the mitigation plan prior to initiation of any project construction activity. (M.M. Biological Resources -1) 69 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 24 of 42 24. Prior to commencement of construction activities, a qualified wildlife biologist shall survey the project site for California red-legged frog (CRLF) to verify the absence or presence of the species. One day and one night survey shall be conducted during the non-breeding season. At least one survey must be completed between January 1 and August 15. Day surveys shall be conducted between 1 hour after sunrise and 1 hour before sunset. Night surveys are used to identify and locate adult and metamorphosed frogs and shall be conducted no earlier than 1 hour after sunset. Surveys shall be performed in accordance with applicable U.S. Fish and Wildlife Service (USFWS) protocol. Because the potential for CRLF to occur on the project site is limited to a dispersal capacity only, surveys performed during the breeding season to identify eggs and larvae are not required. Once site clearing or grading commences, all ruts, holes, and burrows shall be inspected for CRLF by a qualified biologist prior to and during excavation or removal in order to look for and avoid amphibians that may be present on the project property. If any CRLF are found during initial site disturbance, a qualified biologist possessing a valid federal Endangered Species Act (ESA) Section 10(a)(1)(A) permit or USFWS- approved under an active biological opinion, shall be contracted to trap and to move amphibians to nearby suitable habitat outside the fenced project site. (M.M. Biological Resources – 2) 25. Prior to commencement of ground disturbance or vegetation removal from the project site, a qualified wildlife biologist shall perform a preconstruction survey the project site for Alameda whipsnake to determine the presence or absence of this species. The survey shall be conducted no more than 48 hours prior to vegetation removal or ground disturbance. If any whipsnakes are identified, the biologist shall develop appropriate mitigation to protect the species and compensate for lost Alameda whipsnake habitat. The mitigation shall be determined in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) and implemented to the satisfaction of those agencies. Incidental take permits shall be obtained from these agencies prior to the County issuing a grading permit. (M.M. Biological Resources – 3a) 26. Prior to the implementation of Mitigation Measure Biological Resources-3a, the project applicant shall install appropriate exclusion fencing around the entire area of project disturbance, with a suitable buffer to be determined by a qualified wildlife biologist, to prevent any snakes or other wildlife from encroaching onto the site. The 70 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 25 of 42 foot of the exclusion fencing shall be buried sufficiently deep to prevent wildlife from crawling or tunneling under the fence and the upper portion of the fence shall be curved outward, such that any snakes or other wildlife attempting to scale the fence will fall off the fence once they become inverted, preventing their incursion onto the site. The fencing shall be installed to the satisfaction of the wildlife biologist. (M.M. Biological Resources – 3b) 27. The project sponsor shall require the construction contractor to implement the following protective measures during project construction: (M.M. Biological Resources – 3c) Open Trenches: Any open trenches, pits, or holes with a depth larger than one- foot shall be covered at the conclusion of work each day with a hard, non-heat- conductive material (i.e., plywood). No netting, canvas, or material capable of trapping or ensnaring wildlife shall be used to cover open trenches. If use of a hard cover is not feasible, multiple wildlife escape ramps shall be installed, constructed of wood or installed as an earthen slope in each open trench, hole, or pit that is capable of allowing large (i.e., deer) and small (i.e., snakes and frogs) from escaping on their own accord. Prior to the initiation of construction each day and prior to the covering of the trench at the conclusion of work each day, a qualified biologist or on-site personnel shall inspect the open trench, pit, or hole for wildlife. If wildlife is discovered, it shall be allowed to leave on its own accord. Open Pipes Restriction: All pipes, culverts, or similar structures that are stored vertically or horizontally at the construction site for one or more overnight periods shall be securely capped on both ends prior to storage and thoroughly inspected by a qualified biologist or on-site personnel for wildlife prior to utilization in construction of the project. Fence and Signpost Restriction: Any fencing posts or signs installed temporarily or permanently throughout the course of the Project shall have the top three post holes covered or filled with screws or bolts to prevent the entrapment of wildlife, specifically birds of prey. The Qualified Biologist or on-site personnel shall be responsible for ensuring compliance with this measure throughout the course of the Project and shall inspect each post. 71 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 26 of 42 28. Onsite Worker Education Program. A qualified biologist shall administer a pre- construction training program for all employees, contractors, and personnel working at the project site prior to performing any project activities, to be hosted at the project site. The presentation shall include, at minimum, a discussion of sudden oak death prevention, critical root zone protection, the biology of the habitats and species identified in this IS.MND and those with potential to be present at the project site, which shall include a walkthrough. The Qualified Biologist shall also include, as part of the education program, information about the distribution and habitat needs of any species that may be potentially present, legal protections for those species, penalties for violations, and project-specific protective measures identified in the biological mitigation measures required by this IS/MND. Interpretation shall be provided for non-English speaking employees, contractors, or personnel otherwise working on the project site, prior to their performing any work at the project site. (M.M. Biological Resources – 3d) 29. Implementation of the below mitigation measure would reduce construction period impacts on the Western Bumblebee to less than significant levels: (M.M. Biological Resources -4) Prior to commencement of ground-disturbing activities, a qualified wildlife biologist shall perform a habitat assessment of the project site and surrounding landscape to identify and map suitable nesting, foraging, and overwintering habitat for the Western bumble bee. If suitable habitat is identified, a qualified wildlife biologist shall perform focused preconstruction surveys of the project site for Western bumblebee to determine the presence of this species. To maximize probability of detection, a minimum of three focused surveys shall be conducted during the colony active period (i.e., April through September) and when floral resources are in peak bloom. If any Western bumblebee are identified, or if surveys are not conducted and presence is presumed, the biologist shall develop appropriate mitigation to protect the species and compensate for potential habitat loss. The mitigation shall be determined in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) and implemented to the satisfaction of those agencies. Incidental take permits shall be obtained from these agencies prior to the County issuing a grading permit. If suitable nesting, foraging, or overwintering habitat is identified within the project site during the habitat assessment, a biological monitor with experience conducting surveys for special-status bumble bee species shall be present onsite during 72 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 27 of 42 vegetation removal and/or ground-disturbing activities that take place during any of the “Queen and Gyne Flight Period and Colony Active Period” (February through October). 30. If project grading or construction is scheduled to take place between February 1 and September 15, a preconstruction survey of the project vicinity for nesting birds shall be conducted by a qualified biologist experienced with the nesting behavior of bird species of the region. The survey shall determine if active nests are present within the planned area of disturbance or within 250 feet of the construction zone for non- raptors and 1,000 feet for raptors. The survey shall be performed no more than 14 days prior to the commencement of construction activities and a second focused survey shall be conducted within 48 hours prior to construction activities that would occur during the nesting/breeding season. If ground disturbance activities are delayed following a survey, then an additional preconstruction survey shall be conducted such that no more than two weeks will have elapsed between the last survey and the commencement of ground disturbance activities. If a lapse of project-related activities of seven days or longer occurs, another focused survey shall be conducted before project activities can be initiated. Copies of the preconstruction survey(s) shall be submitted to the Contra Costa County Department of Conservation and Development, Community Development Division (CDD) and the California Department of Fish and Wildlife. If an active bird nest is found within the survey radii, species-specific measures shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest. A protective buffer shall be established, with the distance to be determined by a competent biologist based on the site conditions—such as whether the nest is in a line of sight of the construction—and the sensitivity of the birds nesting. Typical protective buffers are as follows: 1) 1,000 feet for large raptors such as buteos, 2) 500 feet for smaller raptors such as accipiters, and 3) 250 feet for passerines. No project personnel or equipment shall be allowed to enter the protective buffer until the qualified biologist determines that the young have fully fledged and will no longer be adversely affected by the project. A qualified biologist shall observe any identified active nests prior to the start of any construction-related activities to establish a behavioral baseline of the adults and any nestlings, and the nest site(s) shall be monitored by the biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. The perimeter of the nest setback zone shall be fenced or adequately 73 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 28 of 42 demarcated with stakes and flagging at 20-foot intervals, and construction personnel and activities restricted from the area. A survey report by a qualified biologist verifying that no active nests are present, or that the young have fledged, shall be submitted prior to initiation of grading in the nest-setback zone. The qualified biologist shall serve as a biological monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur. All buffers shall be shown on all sets of construction drawings. (M.M. Biological Resources – 5) Cultural Resources 31. The following mitigation measures shall be implemented during project construction: (M.M. Cultural Resources-1) a.A program of onsite education to instruct all construction personnel in the identification of archaeological deposits shall be conducted by a certified archaeologist prior to the start of any grading or construction activities. b.If archaeological materials are uncovered during grading, trenching, or other onsite excavation, all work within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA), and the Native American tribe(s) that has requested consultation and/or demonstrated interest in the project site, have had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) if deemed necessary. 32. Should human remains be uncovered during grading, trenching, or other onsite excavation(s), earthwork within 30 yards of these materials shall be stopped until the County coroner has had an opportunity to evaluate the significance of the human remains and determine the proper treatment and disposition of the remains. Pursuant to California Health and Safety Code Section 7050.5, if the coroner determines the remains may those of a Native American, the coroner is responsible for contacting the Native American Heritage Commission (NAHC) by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, the NAHC will then determine a Most Likely Descendant (MLD) tribe and contact them. The MLD tribe has 48 hours from the time they are given access to the site to make recommendations to the landowner for treatment and disposition of the ancestor's remains. The landowner shall follow the requirements of Public Resources Code Section 5097.98 for the remains. (M.M. Cultural Resources-2) 74 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 29 of 42 Geology 33. At least 60 days prior to recording the final Subdivision Map, requesting issuance of construction permits or installation of utility improvements, the project proponent shall submit a design-level geotechnical report for the project, based on adequate subsurface exploration, laboratory testing and engineering analysis. The scope of the geotechnical investigation should address to fully evaluated the following potential geologic/ geotechnical and seismic hazards, including corrosion potential testing. The report shall also provide a) recommendations and specifications pertaining to foundation design, including any proposed foundation retaining walls, b) pavement design, c) evaluation of the drainage design, including the proposed bio-retention facilities and their effect on planned improvements. The report shall also address d) temporary shoring and support of excavations, e) updated California Building Code seismic parameters, and f) outline the recommended geotechnical monitoring, which shall include the monitoring of foundation related work as it pertains to geotechnical recommendations. Two monitoring reports shall be required: One following rough grading, which shall present all test data gathered as well as geologic mapping of exposures created during grading, and a map showing the location and estimated depth of subdrains and the location of all cleanouts, and the geotechnical engineer’s opinion on the compliance of the as graded project with the recommendations in the design level report. Lastly, a monitoring report shall be required prior to the final building inspection. It shall document monitoring of final grading, backfilling of utility, foundation preparation and subgrade preparation work for improvements, etc., and shall be submitted prior to requesting the final building inspection for each lot. (This monitoring report can be segmented so that one letter can document monitoring performed on all lots, or a grouping of lots or a series of monitoring reports for each lot). (M.M. Geology-1) 34. The geotechnical report shall be subject to review by the County’s peer review geologist, and review/approval of the Zoning Administrator. Improvement, grading and building plans shall carry out the recommendations of the approved report. (M.M. Geology-2) 35. The geotechnical report required by M.M. Geology-1 routinely includes recommended geotechnical observation and testing services during construction. These services are essential to the success of the project. They allow the geotechnical engineer to (i)ensure geotechnical recommendations for the project are properly 75 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 30 of 42 interpreted and implemented by contractors,(ii)allow the geotechnical engineer to view exposed conditions during construction to ensure that field conditions match those that were the basis of the design recommendations in the approved report, and (iii)provide the opportunity for field modifications of geotechnical recommendations (with BID approval), based on exposed conditions. The monitoring shall commence during clearing, and extend through grading, placement of engineered fill, installation of recommended drainage facilities, and foundation related work. A hard hold shall be placed on the “final” grading inspection, pending submittal of a report from the project geotechnical engineer that documents their observation and testing services to that stage of construction, including monitoring and testing of backfilling required for utility and drainage facilities. Similarly, a hardholdshall be placed on the final building inspection for each dwelling, pending submittal of a letter-report from the geotechnical engineer documenting the monitoring services associated with implementation of final grading, drainage, and foundation-related work. The geotechnical monitoring shall include documentation of conformance of retaining wall, pier hole drilling/ foundation preparation work and installation of drainage improvements. (M.M. Geology-3) 36. All grading, excavation and filling shall be conducted during the dry season (April 15 through October 15) only, and all areas of exposed soils shall be revegetated to minimize erosion and subsequent sedimentation. After October 15, only erosion control work shall be allowed by the grading permit. Any modification to the above schedule shall be subject to review by the Grading Inspector, and the review / approval of the Zoning Administrator. (M.M. Geology-4) 37. Prior to filing of the Final Map, the project proponent shall join with an existing Geologic Hazard Abatement District (GHAD) or create a new independent GHAD formed pursuant to Public Resources Code Section 26500. The GHAD documents are subject to review and approval by the CDD. GHAD formation requires a Plan of Control and an Engineers Report. These documents must be prepared by licensed professionals (engineering geologists and geotechnical engineers) and are subject to technical review by the Department of Conservation & Development. The project proponent is responsible for funding the technical review. (M.M. Geology-5) a. If the GHAD is to own the open space parcels, it will assume responsibilities that relate to their position as a GHAD and also the duties as a responsible property owner. The GHAD is charged with responsibilities relate to the prevention, 76 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 31 of 42 mitigation, abatement, or control of geologic hazards, which includes (a) maintenance of facilities that enhance geologic as well as hydrogeologic stability, such as drainage facilities and associated improvements. The drainage facilities to be maintained by the GHAD shall include retaining on open space parcels, BMP water quality treatment facilities, concrete lined drainage ditches and open space storm drainage facilities, and other peripherally related open space responsibilities (e.g. erosion control, mowing). b. The Plan of Control shall include (a) background information on the project and the open space, (b) characterize the geologic and seismic setting of the site, (c) provide a detailed evaluation of potential geologic hazards, (d) provide criteria for GHAD responsibility, (e) address activation of assessments and outline the process for transferring responsibility to the GHAD, (f) describe general landslide mitigation, (g) establish priorities for GHAD expenditures, and (h) outline the monitoring and maintenance schedule, including, but not limited to, provision for monitoring performance of GHAD maintained facilities in the aftermath of an earthquake that yields strong to violent earthquake shaking in the West County area. The engineers report shall provide the financial details needed to implement the Plan of Control. 38. A recorded deed disclosure shall provide notice to all the owners of the 13 residential lots of the existence of the Geologic Hazard Abatement District (GHAD) and its responsibilities, in addition to any easements and improvements granted to the GHAD. This notice may include provision for removal of landscaping or structures within the easements granted to the District without compensation.At least 30 days prior to requesting a final building inspection for single-family residential development on any lot resultant from the proposed subdivision, the applicant shall provide CDD staff with documentary evidence that the deed disclosure has been recorded on that lot. (M.M. Geology-6) 39. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall submit a Stormwater Pollution Prevention Plan (SWPPP) and an Erosion Control Plan for review and approval by the Department of Conservation and Development, Building Inspection Division (BID) and by the Department of Public Works. The SWPPP shall identify the "best management practices" that are most appropriate for the site, and the "Erosion Control Plan" shall provide the details of the erosion control measures to be applied on the site and maintained throughout the winter rainy season. In addition, the SWPP shall include dust control measures which 77 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 32 of 42 are most appropriate for the project site. These measures may include, but would not be limited to, watering or seeding disturbed areas, covering stockpiles of dirt or aggregate, or other soil stabilization practices. (M.M. Geology-7) Noise 40. The following standard County noise reduction measures shall be implemented during project construction and shall be included on all construction plans: (M.M. Noise-1) 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. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action within 24 hours. The Department of Conservation and Development, Community Development Division (CDD) phone number shall also be visible to ensure compliance with applicable regulations. d. 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 and 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) 78 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 33 of 42 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) e. Large trucks and heavy equipment are subject to the same restrictions that are imposed on construction activities, except that the hours are limited to 9:00 A.M. to 4:00 P.M. 41. The following noise reduction measures as recommended in the 2024 Illingworth & Rodkin Camino Pablo Noise and Vibration Assessment shall be implemented during project construction and shall be included on all construction plans. (M.M. Noise-2) a. Construction of residences shall be stages such that residential units at the west and south boundaries of the site shall be constructed as early as possible to provide acoustical shielding for adjacent offsite residences. Constructing units along the western and southern boundaries of the site will provide approximately 10 dB of noise reduction during the remainder of project construction activities. b. Temporary noise barriers shall be constructed, where feasible, to screen any stationary noise-generating equipment located within 200 feet of adjacent offsite residences. Temporary noise barrier fences will provide a 5 dBA noise reduction if the noise barrier interrupts the line-of-sight between the noise source and receiver and if the barrier is constructed in a manner that eliminates any cracks or gaps. c. Construction staging areas shall be established at onsite locations that will create the greatest distance between the construction-related noise sources and adjacent offsite residences for the duration of project construction. 79 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 34 of 42 d. Material stockpiles as well as equipment parking areas shall be located as far as feasible from adjacent offsite residences. 42. The 2024 Illingworth & Rodkin Camino Pablo Noise and Vibration Assessment recommended construction notification. Accordingly, the following additional noise mitigations shall be implemented. (M.M. Noise-3) a. At least one week prior to commencement of grading or any other construction activity, the applicant shall provide written notification to occupants of properties within 300 feet of the exterior boundary of the construction site that construction work will commence. The notice shall include the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action within 24 hours. The CDD phone number shall also be visible to ensure compliance with applicable regulations. b. A copy of the notice shall be concurrently transmitted to the CDD. The notice shall be accompanied by a list of the names and addresses of the property owners noticed and a map identifying the notification area. 43. Prior to CDD stamp approval of plans for the issuance of a grading or building permit, whichever occurs first, the applicant shall submit a Fire Protection Plan (FPP) for review and approval by the Moraga-Orinda Fire District (MOFD). The final fire protection plan shall include items listed in section 4903.2.1.1 and the following: (M.M. Public Services-1) a. A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed plant species. The plan shall include specific information on each species proposed, including but not limited to: i. The plan life-form. ii. The scientific and common name. iii. The expected height and width for mature growth. b. Identification of irrigated and non-irrigated zones. c. Requirements for vegetation reduction around emergency access and evacuation routes. d. Identification of points of access for equipment and personnel to maintain vegetation in common areas. 80 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 35 of 42 e. Legally binding statements regarding community responsibility for maintenance of fuel modification zones. f. Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance. Homeowners’ Association (HOA) 44. Prior to the recordation of the Final Map, a homeowners association shall be formed for the ownership and maintenance (through homeowners assessments) of the open space on Parcel A and landscaping on Parcels B and C. Covenants, Conditions and Restrictions (CC&R's) 45.Prior to recordation of the Final Map, Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review by the CDD. This document shall provide for establishment, ownership and maintenance of Parcels, A, B, and C, drainage maintenance, open space, landscaping in common areas, parking, fire protection, fencing, and establishment of signs. The CC&Rs shall require occupants to maintain garage spaces in a manner, which makes them available for off-street parking. The CC&Rs shall specify the development standards shall be the Single­Family Residential District (R-15) and future residential development may be subject to the review and approval of CDD. PUBLIC WORKS CONDITIONS OF APPROVAL FOR COUNTY FILE #CDGP21-00004, CDSD23-09646, CDRZ23-03270, & CDDP23-03012 The applicant shall comply with the following conditions of approval prior to filing of the final map. General Requirements 46. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the vesting tentative map received by the Department of Conservation and Development, Community Development Division, on June 30, 2023. 81 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 36 of 42 47. The applicant shall submit improvement plans prepared by registered civil engineer to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The conditions of approval below are subject to the review and approval of the Public Works Department. Road Dedications 48. The applicant shall convey to the Town of Moraga, by Offer of Dedication on the Final Map, a 9.28-foot to 22.45-foot varying width along Camino Pablo adjacent to the project frontage, for the purposes of establishing a 68’ wide right-of-way for Camino Pablo along the project frontage. Roadway Improvements 49. The applicant shall design and construct road improvements along the frontage of Camino Pablo, which will include a 36’ wide travel way, an 8’ wide pathway, and a 2’ wide landscape buffer extending from the proposed new street southerly approximately 122 feet to the proposed termination of the existing concrete ditch. Improvements will also include measures or recommendations identified in "Offsite Traffic Analysis" section of these Conditions of Approval. 50. The applicant shall construct the on-site road system to County public road standards and convey to the County, by Offer of Dedication, the corresponding right-of-way. Access to Adjoining Property Proof of Access 51. 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. Encroachment Permit 52. The applicant shall obtain an encroachment permit from the Town of Moraga, if necessary, for all work within the public right of way from the Town of Moraga including the construction of driveways or other improvements. 82 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 37 of 42 53. The applicant shall obtain a hauling permit from the Town of Moraga if the site grading generates or requires import of soil exceeding 500 cubic yards. Site Access 54. The applicant shall only be permitted access at the locations shown on the approved site/development plan. 55. The applicant shall restrict access along Camino Pablo frontage of this property, with the exception of the access points shown on the applicant’s site plan, as specifically approved under these conditions of approval. Abutter’s Rights 56. The applicant shall relinquish abutter’s rights of access along Camino Pablo with the exception of the proposed road intersection. Offsite Traffic Analysis 57. The applicant shall implement speed reduction measures on Camino Pablo south of Sanders Ranch Road to the southern terminus to reduce the 85th percentile travel speed to 25 miles per hour to the satisfaction of the Town of Moraga or study the impacts of parking removal in this area to provide a Class II bike facility. 58. The applicant shall provide a traffic study regarding installation of an all-way stop- control at the intersection of Tharp Drive and Camino Pablo, with crosswalks across all legs of the intersection. The report shall be submitted to the Town of Moraga for review. Sight Distance 59. The applicant shall submit a preliminary improvement plan and profile to the Public Works Department for review showing all required improvements to the fronting or off-site County roadway. The sketch plan shall be to scale, show horizontal and vertical alignments, transitions, curb lines, lane striping and cross sections and provide sight distance at the intersection of Street A and Camino Pablo for a design speed of 25 83 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 38 of 42 miles per hour. The plan shall extend a minimum of 164 feet beyond the limits of the proposed work Streetlights 60. Property owner(s) shall annex to the County Facilities District (CFD) 2010-1 formed for Countywide Street Light Financing. Annexation into a streetlight service area does not include the transfer of ownership and maintenance of street lighting on private roads. Landscaping 61. The applicant shall submit four sets of landscape and automatic irrigation plans and cost estimates, prepared by a licensed landscape architect, to the Public Works Department for review and to the Zoning Administrator for review and approval, prior to filing of the Final Map. Applicant shall pay appropriate fees in accordance with County Ordinance. Utilities/Undergrounding 62. The applicant shall underground all new utility distribution facilities. Applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. Drainage Improvements Collect and Convey 63. 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 84 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 39 of 42 Miscellaneous Drainage Requirements 64. The applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Department design standards. 65. The applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. 66. Private storm drain easements, conforming to the width specified in Section 914- 14.004 of the County Ordinance Code, shall be dedicated over the proposed storm drain lines traversing the site. National Pollutant Discharge Elimination System (NPDES) 67. 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). Compliance shall include developing long-term Best Management Practices (BMPs) for the reduction or elimination of storm water 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 storm water 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. •Offer pavers for household driveways and/or walkways as an option to buyers. •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. 85 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 40 of 42 •Other alternatives comparable to the above as approved by the Public Works Department. Storm Water Management and Discharge Control Ordinance 68. The applicant shall submit a FINAL Storm Water Control Plan (SWCP) and a Stormwater Control Operation and Maintenance Plan (O+M Plan) to the Public Works Department, which shall be reviewed for compliance with the County’s National Pollutant Discharge Elimination System (NPDES) Permit and shall be deemed consistent with the County’s Stormwater Management and Discharge Control Ordinance (§1014) prior filing of the Final Map/issuance of a building permit. All time and materials costs for review and preparation of the SWCP and the O+M Plan shall be borne by the applicant. 69. Improvement Plans shall be reviewed to verify consistency with the Final SWCP and compliance with Provision C.3 of the County’s NPDES Permit and the County’s Storm water Management and Discharge Control Ordinance (§1014). 70. Storm water management facilities shall be subject to inspection by Public Works Department staff; all time and materials costs for inspection of storm water management facilities shall be borne by the applicant. 71. Prior to filing of the Final Map, the property owner(s) shall enter into a Stormwater Management Facility Operation and Maintenance Agreement with Contra Costa County, in which the property owner(s) shall accept responsibility for and related to the operation and maintenance of the stormwater facilities, and grant access to relevant public agencies for inspection of stormwater management facilities. 72. Prior to filing the Final Map, the property owner(s) shall annex the subject property into Community Facilities District (CFD) No. 2007-1 (Stormwater Management Facilities), which funds responsibilities of Contra Costa County under its NPDES Permit to oversee the ongoing operation and maintenance of stormwater facilities by property owners. 73. Any proposed water quality features that are designed to retain water for longer than 72 hours shall be subject to the review of the Contra Costa Mosquito & Vector Control District. 86 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 41 of 42 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 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq, the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90 days of the approval date of this permit. B. The applicant shall submit grading and building plans to the Building Inspection Division and comply with Division requirements. It is advisable to check with the Division prior to requesting a grading or building permit or otherwise proceeding with the project. C. The applicant is responsible for contacting the Health Services Department Environmental Health Division regarding its requirements and permits. D. The applicant must submit building plans to the Moraga Orinda Fire Protection District and comply with its requirements. E. It is the applicant’s responsibility to contact Local Agency Formation Commission (LAFCO) regarding the annexation of the project site into the service boundaries of utilities providing municipal water and sanitary sewer services to the project. 87 Board of Supervisors – October 21, 2025 County Files: #CDGP21-00004, CDRZ23-03270 CDSD23-09646, CDDP23-03012 Page 42 of 42 F. The applicant is advised to consult with the Central Contra Costa Sanitary District regarding applicable approvals from this agency. G. The applicant is required to submit plans to the East Bay Municipal Utility District for approval. H. The applicant is responsible for contacting the Contra Costa Mosquito and Vector Control District regarding its requirements and permits. I. 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 the issuance of a building permit. J. This project is subject to the development fees in effect under County Ordinance as of October 2, 2023, the date the vesting tentative map application was accepted as complete by the Department of Conservation and Development. These fees are in addition to any other development fees, which may be specified in the conditions of the approval. 88 ORDINANCE NO._____________ (Re-Zoning Land in the __________________________ Area) The Contra Costa County Board of Supervisors ordains as follows: Pages _______________ of the County's 2005 Zoning Map (Ord. No. 2005-03) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Department of Conservation and Development File No. _____________________ .) FROM: Land Use District ______________ (_______________________________________) TO: Land Use District ______________ (_______________________________________ and the Department of Conservation and Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.002. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the __________________________________ , a newspaper published in this County. PASSED on ________________by the following vote: Supervisor SECTION II. EFFECTIVE DATE. SECTION I: Aye No Absent Abstain 1. J. Gioia ( )( ) ( )( ) 2. C. Andersen ( )( ) ( )( ) 3. D. Burgis ( )( ) ( )( ) 4. K. Carlson ( )( ) ( )( ) 5. S. Scales-Preston ( ) ( )( ) ( ) ATTEST: Monica Nino, County Administrator and Clerk of the Board of Supervisors __________________________________________________ Chair of the Board By__________________________________, Dep. (SEAL) ORDINANCE NO._____________ RZ23-3270 - Benoit McVeigh dk Engineering 2025-16 Moraga T-12 RZ23-03270 A-2 General Agriculture 2025-16 Page 1 of 1 P-1 Planned Unit Development A-2 R-15 Tharp Dr CaminoPablo Qu ailXing Deerfield Dr Knoll Dr Redfield Pl Millfield Pl Stonefield Pl Bu t t e r f i e l d P l Town of Moraga 89 90 CDD P 2 3 - 0 3 0 1 2 CDS D 2 3 - 0 9 6 4 6 CDR Z 2 3 - 0 3 2 7 0 CDGP21- 00004 Mo r a g a LarchAve Tharp Dr Shuey Dr Cam i n o P a b l o Qu ailXingSandersRanchRd Deerfield Dr Fairfield Pl WalfordDr Reed Dr Kn o l l D r Redfield Pl Lisa L n Tia P l Mi l l f i e l d P l Stonefield Pl Kazar CtEile e n C t Butterfield Pl Cam i n o P a b l o Ma p C r e a t e d 8 / 2 1 / 2 0 2 5 by C o n t r a C o s t a C o u n t y D e p a r t m e n t o f Co n s e r v a t i o n a n d D e v e l o p m e n t , G I S G r o u p 30 M u i r R o a d , M a r t i n e z , C A 9 4 5 5 3 37 : 5 9 : 4 1 . 7 9 1 N 1 2 2 : 0 7 : 0 3 . 7 5 6 W I 0 1 , 0 0 0 2, 0 0 0 50 0 Fe e t Th i s m a p w a s c r e a t e d b y t h e C o n t r a C o s t a C o u n t y D e p a r t m e n t o f C o n s e r v a t i o n a n d De v e l o p m e n t w i t h d a t a f r o m t h e C o n t r a C o s t a C o u n t y G I S P r o g r a m . S o m e ba s e d a t a , p r i m a r i l y C i t y L i m i t s , i s d e r i v e d f r o m t h e C A S t a t e B o a r d o f E q u a l i z a t i o n ' s ta x r a t e a r e a s . W h i l e o b l i g a t e d t o u s e t h i s d a t a t h e C o u n t y a s s u m e s n o r e s p o n s i b i l i t y f o r it s a c c u r a c y . T h i s m a p c o n t a i n s c o p y r i g h t e d i n f o r m a t i o n a n d m a y n o t b e a l t e r e d . I t m a y b e re p r o d u c e d i n i t s c u r r e n t s t a t e i f t h e s o u r c e i s c i t e d . U s e r s o f t h i s m a p a g r e e t o r e a d a n d ac c e p t t h e C o u n t y o f C o n t r a C o s t a d i s c l a i m e r o f l i a b i l i t y f o r g e o g r a p h i c i n f o r m a t i o n . Mo r a g a LarchAve Tharp Dr Shuey Dr Cam i n o P a b l o SandersRanchRd QuailXing Deerfield Dr Fairfield Pl WalfordDr LisaLnReed Dr Kn o l l D r Redfield Pl Tia P l Mi l l f i e l d P l Stonefield Pl Kazar CtEile e n C t Butterfield Pl May f i e l d P l CaminoPablo Cu r r e n t G e n e r a l P l a n Pr o p o s e d G e n e r a l P l a n SI T E SI T E CD S D 2 3 - 0 9 6 4 6 P r o j e c t S i t e Pa r c e l s Mo r a g a C i t y L i m i t s Ge n e r a l P l a n D e s i g n a t i o n s RV L ( R e s i d e n t i a l V e r y - L o w D e n s i t y ) ( ≤1 d u / n a ) RL ( R e s i d e n t i a l L o w D e n s i t y ) ( 1 - 3 d u / n a ) RC ( R e s o u r c e C o n s e r v a t i o n ) AL ( A g r i c u l t u r a l L a n d s ) ( 1 d u / 1 0 a c ) ( 1 d u / 2 0 a c i n D P Z ) RL V RL AL RC RC RC RC RC RL RL V RL At t a c h m e n t A : C D G P 2 1 - 0 0 0 0 4 P r o p o s e d G e n e r a l P l a n A m e n d m e n t AL AL AL AL RL 91 Mo r a g a LarchAve Tharp Dr ShueyDr Cam i n o P a b l o Qu ailXingSandersRanchRd Deerfield Dr Fairfield Pl WalfordDr Reed Dr Kn o l l D r R edfield Pl Lisa L n Tia P l Mi l l f i e l d P l Stonefield Pl Kazar CtEile e n C t Butterfield Pl Camino Pablo Ma p C r e a t e d 8 / 2 0 / 2 0 2 5 by C o n t r a C o s t a C o u n t y D e p a r t m e n t o f Co n s e r v a t i o n a n d D e v e l o p m e n t , G I S G r o u p 30 M u i r R o a d , M a r t i n e z , C A 9 4 5 5 3 37 : 5 9 : 4 1 . 7 9 1 N 1 2 2 : 0 7 : 0 3 . 7 5 6 W I 0 6 9 0 1, 3 8 0 34 5 Fe e t Th i s m a p w a s c r e a t e d b y t h e C o n t r a C o s t a C o u n t y D e p a r t m e n t o f C o n s e r v a t i o n a n d De v e l o p m e n t w i t h d a t a f r o m t h e C o n t r a C o s t a C o u n t y G I S P r o g r a m . S o m e ba s e d a t a , p r i m a r i l y C i t y L i m i t s , i s d e r i v e d f r o m t h e C A S t a t e B o a r d o f E q u a l i z a t i o n ' s ta x r a t e a r e a s . W h i l e o b l i g a t e d t o u s e t h i s d a t a t h e C o u n t y a s s u m e s n o r e s p o n s i b i l i t y f o r it s a c c u r a c y . T h i s m a p c o n t a i n s c o p y r i g h t e d i n f o r m a t i o n a n d m a y n o t b e a l t e r e d . I t m a y b e re p r o d u c e d i n i t s c u r r e n t s t a t e i f t h e s o u r c e i s c i t e d . U s e r s o f t h i s m a p a g r e e t o r e a d a n d ac c e p t t h e C o u n t y o f C o n t r a C o s t a d i s c l a i m e r o f l i a b i l i t y f o r g e o g r a p h i c i n f o r m a t i o n . Mo r a g a LarchAve ShueyDr Tharp Dr Qu ailXing Cam i n o P a b l o SandersRanchRd DeerfieldDr Fairfield Pl Reed Dr Kn o l l D r WalfordDr Tia P l Mi l l f i e l d P l Lisa L n ShannonCt Stonefiel d Pl Redfield Pl Butterfield Pl May f i e l d P l Camino Pablo Cu r r e n t Z o n i n g M a p Pr o p o s e d Z o n i n g M a p SI T E SI T E CD S D 2 3 - 0 9 6 4 6 P r o j e c t S i t e Pa r c e l s Mo r a g a C i t y L i m i t s Zo n i n g R- 1 5 ( S i n g l e F a m i l y R e s i d e n t i a l ) A- 2 ( G e n e r a l A g r i c u l t u r e ) P- 1 ( P l a n n e d U n i t ) R- 1 5 A- 2 A- 2 AL R- 1 5 P- 1 At t a c h m e n t B : C D S D 2 3 - 0 9 6 4 6 P r o p o s e d Z o n i n g C h a n g e A- 2 A- 2 A- 2 A- 2 92 CD D P 2 3 - 0 3 0 1 2 CD S D 2 3 - 0 9 6 4 6 CD R Z 2 3 - 0 3 2 7 0 CD G P 2 1 - 0 0 0 0 4 Le gen d 1: 9 , 0 2 8 No t e s 0. 3 0. 1 4 TH I S M A P I S N O T T O B E U S E D F O R N A V I G A T I O N 0. 3 0 Mi l e s WG S _ 1 9 8 4 _ W e b _ M e r c a t o r _ A u x i l i a r y _ S p h e r e Th i s m a p i s a u s e r g e n e r a t e d s t a t i c o u t p u t fro m a n I n t e r n e t m a p p i n g s i t e a n d i s for re f e r e n c e o n l y . D a t a l a y e r s t h a t a p p e a r o n t h i s m a p m a y o r m a y n o t b e a c c u r a t e , cu r r e n t , or o t h e r w i s e r e l i a b l e . Ae r i a l Ci t y L i m i t s Un i n c o r p o r a t e d Wo r l d I m a g e r y Lo w R e s o l u t i o n 1 5 m I m a g e r y Hi g h R e s o l u t i o n 6 0 c m I m a g e r y Hi g h R e s o l u t i o n 3 0 c m I m a g e r y Ci t a t i o n s 93 LE G E N D SH E E T I N D E X 94 o n 0 6 / 3 0 / 2 0 2 3 By C o n t r a C o s t a C o u n t y De par t m e n t o f C o n s e r v a t i o n a n d D e v e l o pme n t CD S D 2 3 - 0 9 6 4 6 COUNTY DESIGNATION TOWN OF MORAGA DESIGNATION GENERAL PLAN LAND USE DESIGNATIONS LE G E N D 95 LAND USE DESIGNATION LEGEND WS SL AL AL WS AL AL AL AL WS SL AL AL WS AL SL 96 97 98 7 8 9 6 5 4 11 2 1 10 12 3 13 LANDSCAPE PARCEL C LANDSCAPE PARCEL B PARCEL A STREET PARCEL E STREET PARCEL D 99 7 7 5 8 9 4 10 2 1 12 3 13 11 6 10 0 S ···· 10 1 7 5 8 9 4 6 10 11 2 1 PARCEL A 13 12 3 STREETPARCELD LANDSCAPE PARCEL B LANDSCAPE PARCEL C STREET PARCEL E 10 2 LA N D U S E S U M M A R Y 10 3 SI T E S L O P E 10 4 SI T E S L O P E S 10 5 LA N D U S E S U M M A R Y DE T A I L - S T O R M D R A I N S AT BI O R E T E N T I O N F I L T E R 10 6 10 7 F F F F F F F F FF FF FF F F F F CA M I N O P A B L O SC A L E : AR C H I T E C T U R A L C O V E R S H E E T CS N. T . S . C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:25:41 PM, 23-0629_DR Resubmittal 10 8 o n 0 6 / 3 0 / 2 0 2 3 By C o n t r a C o s t a C o u n t y De par t m e n t o f C o n s e r v a t i o n a n d D e v e l o pme n t CD S D 2 3 - 0 9 6 4 6 NO R T H 0 5 1 0 1 5 2 0 2 5 50 C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : OV E R A L L A R C H I T E C T U R A L S I T E P L A N SP 1 . 1 1" = 3 0 ' - 0 " 6/29/2023 5:26:03 PM, 23-0629_DR Resubmittal 10 9 F F F F F F F CA M I N O P A B L O - L O T 1 (P L A N 1 ) SC A L E : LO T 1 ( P L A N 1 ) C O V E R S H E E T A1 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:26:15 PM, 23-0629_DR Resubmittal 11 0 LO T 1 PL A N 1 T.P. T.P. T.P . T.P . UP DN DN T.P. 1 SE TB 20'-0"BACK 15' - 0 " SE T B A C K 15'-0 " SETB A C K 20'-0"SETBACK10 ' - 0 " SE T B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 ( P L A N 1 ) S I T E P L A N A1 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:26:33 PM, 23-0629_DR Resubmittal 11 1 T.P.30 x 2 4 C L R 30 x 2 4 C L R T.P. T. P . 30x24 CLR T.P . 30x24 CLR UP D N DN MA I N F L O O R LO T 1 ( P L A N 1 ) MA I N L I V I N G : 3 7 0 3 S Q . F T . LO W E R L I V I N G : 26 4 S Q . F T . TO T A L : 3 9 6 7 S Q . F T . AD U : 11 1 7 S Q . F T . TO T A L L I V I N G : 5 0 8 4 S Q . F T . GA R A G E : 1 0 4 0 S Q . F T . PO R C H : 3 8 9 S Q . F T . AD U P O R C H : 4 8 S Q . F T . 83 ' - 0 " 13 ' - 0 " 83 ' - 0 " 13 ' - 0 " 66'-0" 1'-6" 3'-11" 66'-0" 5'-6" 3'-11" 4' - 0 " 18 ' - 0 " 21 ' - 0 " 14 ' - 0 " 3' - 0 " 23 ' - 0 " 4' - 0 " 8' - 0 " 14 ' - 0 " 22 ' - 4 12" 17 ' - 0 " 6' - 6 " 20'-0"17'-0"16'-0"8'-0" 6'-0"12'-0"32'-0"10'-6" 10'-0"2'-0"6'-0" PR I M . B D . 17 ' - 0 " x 1 7 ' - 6 " PR I M . B T H . 14 ' - 0 " x 1 8 ' - 0 " W. I . C . 7' - 6 " x 1 5 ' - 6 " BD . 2 14 ' - 0 " x 1 1 ' - 6 " W. I . C . 8' - 0 " x 5 ' - 6 " BT H . 2 9' - 6 " x 6 ' - 0 " W. I . C . 6' - 6 " x 5 ' - 0 " BD . 3 11 ' - 0 " x 1 1 ' - 0 " OF F I C E / B D . 4 11 ' - 6 " x 1 5 ' - 6 " BT H . 3 9' - 6 " x 6 ' - 0 " DI N . 13 ' - 0 " x 1 2 ' - 0 " DI N . 16 ' - 0 " x 1 5 ' - 6 " GR E A T R M . 39 ' - 0 " x 1 8 ' - 0 " LI V . KI T . PA N . 9'- 0 " x 5 ' - 0 " B. P A N . 6' - 0 " x 8 ' - 6 " PO R C H 23 ' - 0 ' x 1 0 ' - 0 " EN T . 10 ' - 0 " x 6 ' - 6 " BT H . 4 9' - 6 " x 6 ' - 0 " ST O . 6' - 0 " x 4 ' - 0 " LN D Y . 8' - 0 " x 1 2 ' - 0 " EN T R Y P O R C H 11 ' - 0 " x 6 ' - 0 " PO R C H 17 ' - 0 " x 5 ' - 6 " A A1 . 2 A A1 . 2 11 ' - 1 12" 3'-6" 1'-0"4'-6" 1'-0"3'-0" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 ( P L A N 1 ) M A I N F L O O R P L A N A1 . 1 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:26:39 PM, 23-0629_DR Resubmittal 11 2 LO W E R F L O O R LO T 1 ( P L A N 1 ) UP T.P.30 x 2 4 C L R UP 92 ' - 0 " 4' - 0 " 8' - 0 " 37 ' - 0 12" 10 ' - 1 1 " 36 ' - 0 12" 92 ' - 0 " 4' - 0 " 8' - 0 " 14 ' - 0 " 9' - 1 1 " 23 ' - 6 " 13 ' - 0 " 36'-0"30'-0" 5'-0"8'-0"17'-0"6'-0" 36'-0" 3'-11" 30'-0"3'-11" 6'-0"26'-0"4'-0" PO R C H 8' - 0 " x 6 ' - 0 " LI V / D I N . 13 ' - 0 " x 2 1 ' - 6 " EN T R Y 7' - 6 " x 7 ' - 6 " KI T . 13 ' - 0 " x 8 ' - 0 " W. I . C . 9' - 6 " x 1 0 ' - 0 " BT H . 9' - 6 " x 1 1 ' - 0 " AD U 15 ' - 0 " x 1 3 ' - 0 " AD U 3- C A R G A R . 35 ' - 6 " x 2 6 ' - 6 " LN D Y 3' - 6 " x 3 ' - 6 " EN S U I T E ST O R A G E 8' - 6 " x 1 0 ' - 0 " A A1 . 2 A A1 . 2 1'-0"3'-0" 13 ' - 1 12" 10 ' - 5 12" 2' - 3 34" 8' - 6 " 2' - 3 34" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 ( P L A N 1 ) L O W E R F L O O R P L A N A1 . 1 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:26:40 PM, 23-0629_DR Resubmittal 11 3 T.P. T.P. T.P . T. P . RO O F P L A N LO T 1 ( P L A N 1 ) A A1 . 2 A A1 . 2 12 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . ±1 1 ' - 4 " P L A B O V E LO W E R S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 2'-0" EAVE @ 5:12 SLOPE TYP., U.O.N. 5: 1 2 5: 1 2 5:12 5:12 5: 1 2 5:12 5:12 5: 1 2 5:12 5:12 5: 1 2 5:12 5:12 5: 1 2 5:12 5: 1 2 5: 1 2 5: 1 2 5:12 5: 1 2 5:12 5:12 5: 1 2 5: 1 2 10 ' - 1 " P L w / 4 " H E E L AB O V E M A I N S . O . G . 10 ' - 1 " P L w / 4 " H E E L AB O V E M A I N S . O . G . 10 ' - 1 " P L w / 4 " H E E L AB O V E M A I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 1/ 4 " : 1 2 FL A T M E T A L R O O F 112" RA K E ±R E S U L T A N T P L A B O V E LO W E R S . O . G . MA I N S . O . G . MA I N P L A T E 10'-1" SE C T I O N A - A LO T 1 ( P L A N 1 ) 12'-1" BD . 3 / O F F I C E P L A T E LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L O O R MA I N P L A T E BD . 3 / O F F I C E P L A T E 10'-1"10'-1" 12'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E 4" HEEL OP E N T O HA L L W A Y BE Y O N D OP E N T O HA L L W A Y BE Y O N D ±32'-6" MAX. BLDG. HT. C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 ( P L A N 1 ) R O O F P L A N & B L D G . S E C T I O N S A1 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:26:44 PM, 23-0629_DR Resubmittal 11 4 F F F F FR O N T E L E V A T I O N LO T 1 ( P L A N 1 ) 1 4 LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1" 12'-1" 10'-1" BD . 3 / O F F I C E P L A T E F F F 4" HEEL ±32'-6" MAX. BLDG. HT. 2 4 6a 6b 6b 6d 6d 7 8a 8b 9b 6a LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . MA I N P L A T E 10'-1" 12'-1" LE F T E L E V A T I O N LO T 1 ( P L A N 1 ) 35 ' - 0 " A B O V E F I N I S H E D GR A D E MA I N S U B F L O O R MA I N P L A T E BD . 3 / O F F I C E P L A T E 12'-1" 10'-1"4" HEEL 12 F F F RE A R E L E V A T I O N LO T 1 ( P L A N 1 ) MA I N S . O . G . MA I N P L A T E 12'-1" 10'-1" PR I M . B T H . P L A T E MA I N S . O . G . 10'-1"4" HEEL T. O . P O R C H P A R A P E T 6c 6c 9a F F F F F F F F F F F 3 RI G H T E L E V A T I O N LO T 1 ( P L A N 1 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"12'-1" F MA I N S . O . G . MA I N P L A T E 12'-1" 13 F F F F 35 ' - 0 " A B O V E F I N I S H E D GR A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 M E T A L T R I M C A P O V E R S T U C C O S H E L F 6b FR E N C H D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 9a ST U C C O O V E R F O A M T R I M 1 1 NO T U S E D 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9b PR E C A S T T R I M 12 C O N C R E T E R A I L I N G 3 FL A T M E T A L R O O F 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d RO L L - U P G A R A G E D O O R , O P T . G L A S S D O O R 8b AD H E R E D S T O N E 10 NO T U S E D 13 AC U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 ( P L A N 1 ) E X T E R I O R E L E V A T I O N S A1 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:26:55 PM, 23-0629_DR Resubmittal 11 5 F F F F F F F SC A L E : LO T 1 ( P L A N 1 ) C O L O R S & M A T E R I A L S A1 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 ME T A L G A R A G E D O O R (w / G L A S S ) : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : M O I R E B L A C K MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : R I D G E T O P 1 8 GR A N I T E S P I R E TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : W I T C H I N G H O U R S 21 2 0 - 3 0 ST U C C O A C C E N T : MF R : B E N J A M I N M O O R E CO L O R : S T O R M AF - 7 0 0 PR E C A S T T R I M : MF R : E L D O R A D O S T O N E SP E C : L I M E S T O N E CH I S E L E D W A I N S C O T ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : G R A Y O W L OC - 5 2 6/29/2023 5:27:04 PM, 23-0629_DR Resubmittal 11 6 F FFF F F F F F F F F F CA M I N O P A B L O - L O T 2 (P L A N 2 ) SC A L E : LO T 2 ( P L A N 2 ) C O V E R S H E E T A2 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/30/2023 10:38:48 AM, 23-0629_DR Resubmittal 11 7 T.P. T.P. 10'-0" SETBA C K 15'-0" SETBA C K 15'-0 " SET B A C K 10' - 0 " SE T B A C K 20'-0"SETB A C K 15' - 0 " SE T B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 2 ( P L A N 2 ) S I T E P L A N A2 . 0 . 1 1" = 1 0 ' - 0 " 6/30/2023 10:39:08 AM, 23-0629_DR Resubmittal 11 8 DN DN 30x24 CLR T.P . 30x24 CLR T.P . 30x24 CLR MA I N F L O O R LO T 2 ( P L A N 2 ) MA I N L I V I N G : 33 0 0 S Q . F T . TO T A L : 3 3 0 0 S Q . F T . A. D . U . : 10 5 0 S Q . F T . TO T A L L I V I N G : 4 3 5 0 S Q . F T . GA R A G E : 5 5 7 S Q . F T . EN T R Y P O R C H : 5 9 S Q . F T . A. D . U . P O R C H : 6 S Q . F T . LO W E R F L O O R LO T 2 ( P L A N 2 ) UP 30x24 CLR T. P . 30x24 CLR DR O P 83 ' - 6 " 3' - 0 " 15 ' - 6 " 10 ' - 6 " 13 ' - 0 " 18 ' - 0 " 6' - 6 " 2' - 0 " 83 ' - 6 " 41 ' - 8 " 41 ' - 1 0 " 51'-0" 17'-0"19'-6"12'-6" 51'-0" 4'-0"15'-0"22'-0"10'-0" GR E A T R M . 16 ' - 8 " x 2 2 ' - 0 " DI N . 11 ' - 6 " x 2 1 ' - 0 " KI T . 10 ' - 8 " x 1 6 ' - 4 " PA N . 6' - 0 " x 9 ' - 1 0 " DI N I N G 15 ' - 0 " x 1 4 ' - 0 " OF F I C E / B D . 4 13 ' - 0 " x 1 4 ' - 0 " BT H . 3 9'- 0 " x 6 ' - 0 " EN T R Y 8' - 6 " x 5 ' - 0 " PR I M . B D . 16 ' - 8 " x 1 7 ' - 0 " PR I M . B T H . - BD . 2 13 ' - 6 " x 1 1 ' - 6 " BT H . 2 11 ' - 6 " x 6 ' - 6 " BD . 3 12 ' - 7 " x 1 1 ' - 6 " LN D Y . 8'- 1 0 " x 9 ' - 5 " DI N . 9' - 6 " x 7 ' - 6 " KI T . 21 ' - 6 " x 7 ' - 6 " LN D Y . 8'- 0 " x 3 ' - 0 " EN T R Y - LI V . 14 ' - 6 " x 1 5 ' - 0 " A. D . U . BD . 12 ' - 0 " x 1 3 ' - 0 " A. D . U . 2+ C A R G A R . 35 ' - 6 " x 1 9 ' - 6 " 83 ' - 6 " 3' - 0 " 15 ' - 6 " 10 ' - 6 " 13 ' - 0 " 20 ' - 6 " 4' - 0 " 2' - 0 " 83 ' - 6 " 81 ' - 6 " 2' - 0 " 51'-0" 17'-0"23'-6" 51'-0" 4'-0"15'-0"8'-6"23'-6" A A2 . 2 A A2 . 2 A A2 . 2 A A2 . 2 2'-0" 1'-0"1'-0" 4' - 0 " 10 ' - 0 " 4' - 0 " 8'-6"2'-0" 6'-0" 6'-0" 6'-0" 6'-0" 8' - 0 " 9' - 6 " 18 ' - 0 " 6" EN T R Y P O R C H 8' - 6 " x 5 ' - 0 " 15 ' - 0 " 1'-0" 3'-0" 15 ' - 0 " 1'-0" 3'-0" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 2 ( P L A N 2 ) F L O O R P L A N S A2 . 1 1/ 8 " = 1 ' - 0 " 6/30/2023 10:39:13 AM, 23-0629_DR Resubmittal 11 9 30x24 CLR T. P . 30x24 CLR T. P . 30x24 CLR RO O F P L A N LO T 2 ( P L A N 2 ) A A2 . 2 A A2 . 2 9" EAVE @ 5:12 SLOPE TYP., U.O.N. 412" E A V E @ 1 0 : 1 2 S L O P E TY P . , U . O . N . 112" RAKE @ 10:12 SLOPE TYP., U.O.N. 12 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E LO W E R S . O . G . 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 10:12 10:12 10:12 10:12 5:12 5: 1 2 5:12 LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . MA I N P L A T E 10'-1" 10'-1" SE C T I O N A - A LO T 2 ( P L A N 2 ) 35 ' - 0 " A B O V E F I N I S H E D GR A D E OP E N T O HA L L W A Y BE Y O N D OP E N T O HA L L W A Y BE Y O N D MA I N S U B F L R . EN T R Y P O R C H P L A T E OF F F I C E / D I N . P L A T E 10'-5" 12'-1" ±32'-6" MAX. BLDG. HT. C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 2 ( P L A N 2 ) R O O F P L A N & B L D G . S E C T I O N S A2 . 2 1/ 8 " = 1 ' - 0 " 6/30/2023 10:39:17 AM, 23-0629_DR Resubmittal 12 0 F FR O N T E L E V A T I O N LO T 2 ( P L A N 2 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . 10'-1"10'-1" MA I N P L A T E FFF F F F F F F F F F 1 12 2 4 6a 6d 7 8a 8b 9b 3 ±32'-6" MAX. BLDG. HT. 10'-1"12'-1" LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . DI N I N G P L A T E 9a GA R A G E S . O . G . 7'-0" LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . MA I N P L A T E 10'-1"10'-1" LE F T E L E V A T I O N LO T 2 ( P L A N 2 ) 35 ' - 0 " A B O V E F I N S I H E D GR A D E 10'-1"10'-1" GA R A G E S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 6b LO W E R S . O . G . 7'-0" RE A R E L E V A T I O N LO T 2 ( P L A N 2 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"10'-1" F F F F F F F F 6c 6c RI G H T E L E V A T I O N LO T 2 ( P L A N 2 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"10'-1" F F F F 10'-1" MA I N S . O . G . MA I N P L A T E 6b 13 35 ' - 0 " A B O V E F I N S I H E D GR A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 G A B L E V E N T 6b FI B E R G L A S S M A N . D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 9a ST U C C O O V E R F O A M T R I M 1 1 NO T U S E D 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9b HA R D I E T R I M 12 M E T A L R A I L I N G 3 ME T A L R O O F 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d WO O D R O L L - U P G A R A G E D O O R (O P T I O N A L G L A S S D O O R ) 8b VE R T I C A L S I D I N G 10 NO T U S E D 13 AC U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 2 ( P L A N 2 ) E X T E R I O R E L E V A T I O N S A2 . 3 1/ 8 " = 1 ' - 0 " 6/30/2023 11:01:55 AM, 23-0629_DR Resubmittal 12 1 F FFF F F F F F F F F F SC A L E : LO T 2 ( P L A N 2 ) C O L O R S & M A T E R I A L S A2 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : W E A T H E R E D W O O D ME T A L R A I L I N G : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E TR I M S , G U T T E R S , EA V E S , & W I N D O W B O X : MF R : B E N J A M I N M O O R E CO L O R : M I D S U M M E R N I G H T 21 3 4 - 2 0 GA R A G E D O O R : MF R : B E N J A M I N M O O R E CO L O R : M I D S U M M E R N I G H T 21 3 4 - 2 0 ME T A L R O O F : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E VE R T I C A L S I D I N G : MF R : B E N J A M I N M O O R E CO L O R : G L O U C E S T E R S A G E HC - 1 0 0 ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : S A G H A R B O R G R A Y HC - 9 5 6/30/2023 10:39:34 AM, 23-0629_DR Resubmittal 12 2 CA M I N O P A B L O - L O T 3 (P L A N 3 ) SC A L E : LO T 3 ( P L A N 3 ) C O V E R S H E E T A3 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:28:06 PM, 23-0629_DR Resubmittal 12 3 DN 15'-0" SETBACK 15'-0" SETBACK 15 ' - 0 " SE T B A C K 10'-0" SETBA C K 20 ' - 0 " SE T B A C K 15'-0" SETBA C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 3 ( P L A N 3 ) S I T E P L A N A3 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:28:24 PM, 23-0629_DR Resubmittal 12 4 T.P.30 x 2 4 C L R DN DN T.P . 30x24 CLR T.P . 30x24 CLR T.P . 30x24 CLR DN MA I N F L O O R LO T 3 ( P L A N 3 ) MA I N L I V I N G : 3 6 2 4 S Q . F T . LO W E R L I V I N G : 20 3 S Q . F T . TO T A L : 3 8 2 7 S Q . F T . A. D . U . : 11 1 7 S Q . F T . TO T A L L I V I N G : 4 9 4 4 S Q . F T . GA R A G E : 9 6 9 S Q . F T . PO R C H E S : 1 4 6 S Q . F T . 90 ' - 6 " 48 ' - 0 " 42 ' - 6 " 90 ' - 6 " 3' - 0 " 5' - 8 12" 14 ' - 0 " 15 ' - 0 " 13 ' - 0 " 16 ' - 6 " 4' - 0 " 52'-6" 26'-0"17'-6"9'-0" 6'-0"3'-0" 1'-8" 52'-6"1'-8" 4'-0"22'-0"15'-0"2'-6"9'-0" DI N . / B D . 4 O P T . 16 ' - 6 " x 1 3 ' - 6 " OF F I C E / F L E X 15 ' - 0 " x 1 4 ' - 0 " GR E A T R M . 30 ' - 0 " x 2 1 ' - 0 " LI V . DI N . KI T . 11 ' - 0 " x 1 6 ' - 6 " PA N . 5' - 6 " x 9 ' - 6 " BD . 3 14 ' - 0 " x 1 2 ' - 6 " BD . 2 14 ' - 0 " x 1 4 ' - 0 " BT H . 2 6' - 0 " x 9 ' - 0 " W. I . C . 9' - 6 " x 5 ' - 0 " W. I . C . 12 ' - 0 " x 7 ' - 6 " LN D Y . 14 ' - 0 " x 1 0 ' - 0 " BT H . 4 6'- 0 " x 9 ' - 0 " PR I M . B D . 16 ' - 0 " x 1 7 ' - 0 " CO V E R E D D E C K 16 ' - 6 " x 6 ' - 0 " EN T R Y P O R C H 9' - 0 " x 2 ' - 6 " 1' - 0 " 9' - 1 12" 1' - 0 " EN T R Y 8' - 0 " x 6 ' - 6 " PR I M . B T H . 12 ' - 0 " x 1 8 ' - 0 " W. I . C . 8' - 0 " x 5 ' - 0 " BT H . 3 6' - 0 " x 9 ' - 0 " A A3 . 2 A A3 . 2 10 ' - 2 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 3 ( P L A N 3 ) M A I N F L O O R P L A N A3 . 1 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:28:30 PM, 23-0629_DR Resubmittal 12 5 LO W E R F L O O R LO T 3 ( P L A N 3 ) UP 30x24 CLR T. P . 91 ' - 6 " 28 ' - 5 12" 62 ' - 0 12" 36'-6"16'-0" 8'-6"16'-6"2'-6"9'-0" 7'-4"9'-2" 36'-6"16'-0" 4'-0"29'-6"3'-0" 91 ' - 6 " 4' - 0 " 10 ' - 2 " 14 ' - 0 " 15 ' - 0 " 13 ' - 0 " 20 ' - 6 " 1'-8" 1'-8" KI T . / D I N . 18 " - 6 " x 9 ' - 0 " LI V . 15 ' - 6 " x 1 5 ' - 0 " A. D . U . BD . 13 ' - 0 " x 1 7 ' - 0 " A. D . U . ME C H . R M . 8' - 0 " x 1 4 ' - 6 " BT H . 13 ' - 6 " x 6 ' - 0 " A. D . U . 3- C A R G A R A G E 33 ' - 0 " x 3 1 ' - 0 " PO R C H 5' - 0 " x 5 ' - 0 " 1' - 0 " LN D Y . 8'- 6 " x 3 ' - 6 " LN D Y . 5' - 0 " x 8 ' - 0 " ST O . 4'- 0 " x 1 3 ' - 0 " A A3 . 2 A A3 . 2 6' - 0 " 8' - 1 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 3 ( P L A N 3 ) L O W E R F L O O R P L A N A3 . 1 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:28:31 PM, 23-0629_DR Resubmittal 12 6 T.P. T. P . T. P . T. P . RO O F P L A N LO T 3 ( P L A N 3 ) A A3 . 2 A A3 . 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5:12 5:12 5:12 5:12 5:12 5:12 5: 1 2 5:12 5:12 5:12 5: 1 2 5: 1 2 5:12 5: 1 2 3: 1 2 10 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 9' - 1 " P L A B O V E AB O V E M A I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . MA I N S . O . G . MA I N P L A T E 10'-1" SE C T I O N A - A LO T 3 ( P L A N 3 ) 12'-1" BD . 3 / O F F I C E P L A T E LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L O O R MA I N P L A T E 10'-1"10'-1" 12'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E OP E N T O BE D BE Y O N D ±30'-0" MAX. BLDG. HT. C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 3 ( P L A N 3 ) R O O F P L A N & B L D G . S E C T I O N S A3 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:28:35 PM, 23-0629_DR Resubmittal 12 7 FR O N T E L E V A T I O N LO T 3 ( P L A N 3 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . 10'-1"10'-1" MA I N P L A T E FFF F F FF F F F F F F F F 1 2 6b 6d 6d 7 8a 8b 9b 6a3 8c 9c 10 ±32'-6" MAX. BLDG. HT. LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . MA I N P L A T E 10'-1"10'-1" LE F T E L E V A T I O N LO T 3 ( P L A N 3 ) 35 ' - 0 " A B O V E F I N I S H E D GR A D E EN T R Y P L A T E 12'-1" F F F LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E EN T R Y P L A T E 10'-1"10'-1" 12'-1" F RE A R E L E V A T I O N LO T 3 ( P L A N 3 ) LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . MA I N P L A T E 10'-1"10'-1" F F F F F F F F MA I N S . O . G . GR E A T R O O M P L A T E 12'-1" 6c 6c RI G H T E L E V A T I O N LO T 3 ( P L A N 3 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"10'-1" 10'-1" MA I N S . O . G . MA I N P L A T E 11 35 ' - 0 " A B O V E F I N I S H E D GR A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 N O T U S E D 6b FR E N C H D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 8c AD H E R E D S T O N E 9c PR E C A S T T R I M 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9a ST U C C O O V E R F O A M T R I M 10 WO O D R A I L I N G 3 ME T A L C A N O P Y 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d RO L L - U P G A R A G E D O O R (O P T I O N A L G L A S S D O O R ) 8b LA P S I D I N G 9b HA R D I E T R I M 11 A C U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 3 ( P L A N 3 ) E X T E R I O R E L E V A T I O N S A3 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:28:45 PM, 23-0629_DR Resubmittal 12 8 SC A L E : LO T 3 ( P L A N 3 ) C O L O R S & M A T E R I A L S A3 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E ME T A L C A N O P Y : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : H E A T H E R B L E N D TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : V A N B U R E N B R O W N HC - 7 0 ME T A L G A R A G E D O O R (w / G L A S S ) : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E ME T A L R A I L I N G : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E HO R I Z O N T A L S I D I N G : MF R : B E N J A M I N M O O R E CO L O R : A L E X A N D R I A B E I G E HC - 7 7 ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : M A N C H E S T E R T A N HC - 8 1 MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : C U T - C O A R S E SE A S H E L L 6/29/2023 5:28:53 PM, 23-0629_DR Resubmittal 12 9 F F F F F F F F CA M I N O P A B L O - L O T 4 (P L A N 1 ) SC A L E : LO T 4 ( P L A N 1 ) C O V E R S H E E T A4 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:29:03 PM, 23-0629_DR Resubmittal 13 0 T.P. R T.P . 30x24 CLR T.P . 30x24 CLR LO T 4 PL A N 1 T.P. 30x24 C L R 30x24 C L R T.P. T.P. 30x2 4 C L R T.P. 30x2 4 C L R UP DN DN 10'- 0 " SET B A C K 10'- 0 " SET B A C K 15'- 0 " SET B A C K 15'-0" SETBACK 20' - 0 " SET B A C K 15'-0" SETBACK NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 4 ( P L A N 1 ) S I T E P L A N A4 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:29:23 PM, 23-0629_DR Resubmittal 13 1 T.P.30 x 2 4 C L R 30 x 2 4 C L R T.P. T. P . 30x24 CLR T.P . 30x24 CLR UP D N DN MA I N F L O O R LO T 4 ( P L A N 1 ) MA I N L I V I N G : 3 6 9 3 S Q . F T . LO W E R L I V I N G : 26 4 S Q . F T . TO T A L : 3 9 5 7 S Q . F T . AD U : 10 9 5 S Q . F T . TO T A L L I V I N G : 5 0 5 2 S Q . F T . GA R A G E : 1 0 4 0 S Q . F T . PO R C H : 4 0 6 S Q . F T . AD U P O R C H : 6 0 S Q . F T . 83 ' - 0 " 13 ' - 0 " 83 ' - 0 " 13 ' - 0 " 64'-0" 3'-0" 7'-5" 66'-0" 5'-6" 5'-5" 4' - 0 " 18 ' - 0 " 21 ' - 0 " 14 ' - 0 " 3' - 0 " 23 ' - 0 " 4' - 0 " 8' - 0 " 14 ' - 0 " 10 ' - 1 0 " 16 ' - 4 " 6' - 6 " 20'-0"18'-10"13'-8"8'-6" 6'-0"12'-0"31'-0"11'-6" 10'-0"2'-0"6'-0" PR I M . B D . 17 ' - 0 " x 1 7 ' - 6 " PR I M . B T H . 14 ' - 0 " x 1 8 ' - 0 " W. I . C . 7' - 6 " x 1 5 ' - 6 " BD . 2 14 ' - 0 " x 1 1 ' - 6 " W. I . C . 8' - 0 " x 5 ' - 6 " BT H . 2 9' - 6 " x 6 ' - 0 " W. I . C . 6' - 6 " x 5 ' - 0 " BD . 3 11 ' - 0 " x 1 1 ' - 0 " OF F I C E / B D . 4 11 ' - 6 " x 1 5 ' - 6 " BT H . 3 9' - 6 " x 6 ' - 0 " DI N . 13 ' - 0 " x 1 2 ' - 0 " DI N . 16 ' - 0 " x 1 5 ' - 6 " GR E A T R M . 39 ' - 0 " x 1 8 ' - 0 " LI V . KI T . PA N . 9'- 0 " x 5 ' - 0 " B. P A N . 6' - 0 " x 8 ' - 6 " PO R C H 23 ' - 0 ' x 1 0 ' - 0 " EN T . 10 ' - 0 " x 8 ' - 6 " BT H . 4 9' - 6 " x 6 ' - 0 " ST O . 6' - 0 " x 4 ' - 0 " LN D Y . 8' - 0 " x 1 2 ' - 0 " EN T R Y P O R C H 11 ' - 0 " x 7 ' - 6 " PO R C H 17 ' - 0 " x 5 ' - 6 " A A4 . 2 A A4 . 2 22 ' - 4 " 1' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 4 ( P L A N 1 ) M A I N F L O O R P L A N A4 . 1 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:29:29 PM, 23-0629_DR Resubmittal 13 2 LO W E R F L O O R LO T 4 ( P L A N 1 ) UP T.P.30 x 2 4 C L R 92 ' - 0 " 4' - 0 " 8' - 0 " 37 ' - 0 12" 10 ' - 1 1 " 36 ' - 0 12" 92 ' - 0 " 4' - 0 " 8' - 0 " 14 ' - 0 " 33 ' - 6 " 23 ' - 6 " 13 ' - 0 " 36'-0"30'-0" 5'-0"6'-6"18'-6"6'-0" 36'-0"30'-0" 6'-0"26'-0"4'-0" PO R C H 8' - 0 " x 6 ' - 0 " LI V / D I N . 13 ' - 0 " x 2 1 ' - 6 " EN T R Y 7' - 6 " x 7 ' - 6 " KI T . 13 ' - 0 " x 8 ' - 0 " W. I . C . 9' - 6 " x 1 0 ' - 0 " BT H . 9'- 6 " x 1 1 ' - 0 " AD U 15 ' - 0 " x 1 3 ' - 0 " AD U 3- C A R G A R . 35 ' - 6 " x 2 6 ' - 6 " LN D Y 3' - 6 " x 3 ' - 6 " ST O R A G E 8' - 6 " x 1 0 ' - 0 " A A4 . 2 A A4 . 2 C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 4 ( P L A N 1 ) L O W E R F L O O R P L A N A4 . 1 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:29:30 PM, 23-0629_DR Resubmittal 13 3 T.P.30 x 2 4 C L R 30 x 2 4 C L R T.P. T.P . 30x24 CLR T. P . 30x24 CLR UP D N DN RO O F P L A N LO T 4 ( P L A N 1 ) A A4 . 2 A A4 . 2 5:12 5: 1 2 5: 1 2 5: 1 2 5: 1 2 10:12 10:12 10:12 10:12 10:12 10:12 10:12 10:12 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5:12 3: 1 2 5: 1 2 5: 1 2 5: 1 2 1: 1 2 3" RA K E 12 ' - 1 " P L A B O V E MA I N S . O . G . 11 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E LO W E R S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E LO W E R S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 6" EAVE TYP., U.O.N. SE C T I O N A - A LO T 4 ( P L A N 1 ) MA I N S . O . G . MA I N P L A T E 10'-1" 12'-1" BD . 3 / O F F I C E P L A T E LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L O O R MA I N P L A T E 10'-1"10'-1" 12'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E ±31'-5" MAX. BLDG. HT. OP E N T O HA L L W A Y BE Y O N D OP E N T O HA L L W A Y BE Y O N D C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 4 ( P L A N 1 ) R O O F P L A N & B L D G . S E C T I O N S A4 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:29:34 PM, 23-0629_DR Resubmittal 13 4 FR O N T E L E V A T I O N LO T 4 ( P L A N 1 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"10'-1" EN T R Y / D I N . P L A T E F F F F F F F F 60 4 . 4 1 9b 2 4 6a 6b 6b 6d 6d 7 8a 8c 9c 6a 8b 9b 10 ±33'-0" MAX. BLDG. HT. LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . 10'-1"10'-1" MA I N P L A T E 12'-1" LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . MA I N P L A T E 10'-1" 10'-1" LE F T E L E V A T I O N LO T 4 ( P L A N 1 ) 12'-1" BD . 2 / G R E A T R M . PL A T E MA I N P L A T E 10'-1" 12'-1" EN T R Y / D I N . P L A T E 35 ' - 0 " A B O V E F I N I S H E D GR A D E F F F F RE A R E L E V A T I O N LO T 4 ( P L A N 1 ) MA I N S . O . G . PO R C H P L A T E 11'-1" GR E A T R M . P L A T E 12'-1" MA I N S . O . G . PR I M . B D . / PR I M . B T H . P L A T E 10'-1" GR E A T R M . P L A T E 12'-1" 6c 6c 6c 9a F F F F RI G H T E L E V A T I O N LO T 4 ( P L A N 1 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"10'-1" EN T R Y / D I N . P L A T E 12'-1" MA I N S . O . G . MA I N P L A T E 10'-1" GR E A T R M . P L A T E 12'-1" 11 35 ' - 0 " A B O V E F I N I S H E D GR A D E F F MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 G A B L E V E N T 6b FR E N C H D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 8c AD H E R E D S T O N E 9c PR E C A S T T R I M 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9a ST U C C O O V E R F O A M T R I M 10 WO O D R A I L I N G 3 NO T U S E D 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d WD . R O L L - U P G A R A G E D O O R , O P T . G L A S S DO O R 8b VE R T I C A L S I D I N G 9b HA R D I E T R I M 11 A C U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 4 ( P L A N 1 ) E X T E R I O R E L E V A T I O N S A4 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:29:45 PM, 23-0629_DR Resubmittal 13 5 F F F F F F F F SC A L E : LO T 4 ( P L A N 1 ) C O L O R S & M A T E R I A L S A4 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : W E A T H E R E D W O O D ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : S T O N I N G T O N G R A Y HC - 1 7 0 GA R A G E D O O R : MF R : B E N J A M I N M O O R E CO L O R : K A S B A H AF - 6 4 0 TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : K A S B A H AF - 6 4 0 VE R T I C A L S I D I N G : MF R : B E N J A M I N M O O R E CO L O R : K A S B A H AF - 6 4 0 MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : V A N T A G E 3 0 SO U T H E R N P E A K PR E C A S T T R I M : MF R : E L D O R A D O S T O N E SP E C : S P L I T - E D G E W A I N S C O T 6/29/2023 5:29:54 PM, 23-0629_DR Resubmittal 13 6 CA M I N O P A B L O - L O T 5 (P L A N 3 ) SC A L E : LO T 5 ( P L A N 3 ) C O V E R S H E E T A5 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:30:05 PM, 23-0629_DR Resubmittal 13 7 T.P. 30x 2 4 C L R T.P . 30x24 CLR T.P . 30x24 CLR T.P . 30x24 CLR LO T 4 PL A N 1 T.P. 30x24 C L R UP DN 15 ' - 0 " SE T B A C K 15 ' - 0 " SE T B A C K 15'-0 " SETB A C K 10'- 0 " SET B A C K 20'-0"SETBAC K 10'- 0 " SET B A C K SET NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 5 ( P L A N 3 ) S I T E P L A N A5 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:30:23 PM, 23-0629_DR Resubmittal 13 8 T.P. 30 x 2 4 C L R DN DN DN T. P . 30x24 CLR T.P . 30x24 CLR T.P . 30x24 CLR MA I N F L O O R LO T 5 ( P L A N 3 ) MA I N L I V I N G : 3 6 2 4 S Q . F T . LO W E R L I V I N G : 20 3 S Q . F T . TO T A L : 3 8 2 7 S Q . F T . A. D . U . : 11 1 7 S Q . F T . TO T A L L I V I N G : 4 9 4 4 S Q . F T . GA R A G E : 9 6 9 S Q . F T . PO R C H E S : 1 6 5 S Q . F T . 90 ' - 6 " 48 ' - 0 " 42 ' - 6 " 90 ' - 6 " 3' - 0 " 15 ' - 6 12" 14 ' - 0 " 15 ' - 0 " 13 ' - 0 " 16 ' - 6 " 4' - 0 " 52'-6" 26'-0"17'-6"9'-0" 6'-0"3'-0" 2'-0" 52'-6"2'-0" 4'-0"22'-0"15'-0"2'-6"9'-0" DI N . / B D . 4 O P T . 16 ' - 6 " x 1 3 ' - 6 " OF F I C E / F L E X 15 ' - 0 " x 1 4 ' - 0 " GR E A T R M . 30 ' - 0 " x 2 1 ' - 0 " LI V . DI N . KI T . 11 ' - 0 " x 1 6 ' - 6 " PA N . 5'- 6 " x 9 ' - 6 " BD . 3 14 ' - 0 " x 1 2 ' - 6 " BD . 2 14 ' - 0 " x 1 4 ' - 0 " BT H . 2 6'- 0 " x 9 ' - 0 " W. I . C . 9' - 6 " x 5 ' - 0 " W. I . C . 12 ' - 0 " x 7 ' - 6 " LN D Y . 14 ' - 0 " x 1 0 ' - 0 " BT H . 4 6' - 0 " x 9 ' - 0 " PR I M . B D . 16 ' - 0 " x 1 7 ' - 0 " CO V E R E D D E C K 16 ' - 6 " x 6 ' - 0 " EN T R Y P O R C H 9'- 0 " x 4 ' - 0 " 2' - 0 " 9' - 5 12" 2' - 0 " EN T R Y 8' - 0 " x 6 ' - 6 " PR I M . B T H . 12 ' - 0 " x 1 8 ' - 0 " W. I . C . 8' - 0 " x 5 ' - 0 " BT H . 3 6' - 0 " x 9 ' - 0 " A A5 . 2 A A5 . 2 C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 5 ( P L A N 3 ) M A I N F L O O R P L A N A5 . 1 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:30:29 PM, 23-0629_DR Resubmittal 13 9 LO W E R F L O O R LO T 5 ( P L A N 3 ) UP 30x24 CLR T.P . 92 ' - 6 " 28 ' - 5 12" 62 ' - 0 12" 36'-6"16'-0" 8'-6"16'-6"2'-6"9'-0" 6'-6"10'-0" 36'-6"16'-0" 4'-0"29'-6"3'-0" 92 ' - 6 " 5' - 0 " 25 ' - 0 " 14 ' - 0 " 15 ' - 0 " 13 ' - 0 " 20 ' - 6 " 2'-0" 2'-0" KI T . / D I N . 18 " - 6 " x 9 ' - 0 " LI V . 15 ' - 6 " x 1 5 ' - 0 " A. D . U . BD . 13 ' - 0 " x 1 7 ' - 0 " A. D . U . ME C H . R M . 8' - 0 " x 1 4 ' - 6 " BT H . 13 ' - 6 " x 6 ' - 0 " A. D . U . 3- C A R G A R A G E 33 ' - 0 " x 3 1 ' - 0 " PO R C H 5' - 0 " x 5 ' - 0 " 2' - 0 " LN D Y . 8'- 6 " x 3 ' - 6 " LN D Y . 5'- 0 " x 8 ' - 0 " ST O . 4' - 0 " x 1 3 ' - 0 " A A5 . 2 A A5 . 2 C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 5 ( P L A N 3 ) L O W E R F L O O R P L A N A5 . 1 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:30:30 PM, 23-0629_DR Resubmittal 14 0 T.P. 30 x 2 4 C L R DN DN DN T. P . 30x24 CLR T. P . 30x24 CLR T. P . 30x24 CLR RO O F P L A N LO T 5 ( P L A N 3 ) A A5 . 2 A A5 . 2 3: 1 2 3: 1 2 10:12 10:12 10:12 10:12 10:12 10:12 10:12 10:12 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 1: 1 2 112" R A K E @ 3 : 1 2 S L O P E TY P . , U . O . N . 5:12 412" E A V E @ 1 0 : 1 2 S L O P E TY P . , U . O . N . 9" EAVE @ 5:12 SLOPE TYP., U.O.N. 112" R A K E @ 5 : 1 2 S L O P E TY P . , U . O . N . 9" EAVE @ 3:12 SLOPE TYP., U.O.N. 112" RAKE @ 10:12 SLOPE TYP., U.O.N. 12 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 9'- 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E LO W E R S . O . G . 9'- 1 " P L A B O V E MA I N S . F . 10 ' - 1 " P L A B O V E MA I N S . F . 9' - 1 " P L A B O V E MA I N S . F . 4' - 3 " P L A B O V E MA I N S . F . 12 ' - 1 " P L A B O V E MA I N S . F . SE C T I O N A - A LO T 5 ( P L A N 3 ) MA I N S . O . G . MA I N P L A T E 10'-1" 12'-1" LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L O O R MA I N P L A T E 10'-1"10'-1" 12'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E OP E N T O BE D BE Y O N D ±30'-9" MAX. BLDG. HT. MA I N P L A T E C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 5 ( P L A N 3 ) R O O F P L A N & B L D G . S E C T I O N S A5 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:30:34 PM, 23-0629_DR Resubmittal 14 1 FR O N T E L E V A T I O N LO T 5 ( P L A N 3 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"9'-1" FF F F F F F F DI N I N G P L A T E F 10'-1" 1 2 6b 6d 6d 7 8a 8b 9b 6a 4 8c 9c 10 9a 10 LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E DI N I N G P L A T E 10'-1"10'-1" 12'-1" LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"10'-1" LE F T E L E V A T I O N LO T 5 ( P L A N 3 ) 35 ' - 0 " A B O V E F I N I S H E D GR A D E 11 RE A R E L E V A T I O N LO T 5 ( P L A N 3 ) LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . GR E A T R O O M P L A T E 10'-1"12'-1" F F F F F F F F BE D R O O M P L A T E MA I N S . O . G . 10'-1" 6c 6c RI G H T E L E V A T I O N LO T 5 ( P L A N 3 ) LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . DI N I N G P L A T E 10'-1"12'-1" F F F F MA I N S U B F L R . GR E A T R O O M P L A T E BE D R O O M P L A T E 12'-1" 10'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 G A B L E V E N T 6b FR E N C H D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 8c AD H E R E D S T O N E 9c BR I C K T R I M 2 6 " H A L F - R O U N D G U T T E R 5 DO W N S P O U T 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9a ST U C C O O V E R F O A M T R I M 10 WO O D R A I L I N G 3 NO T U S E D 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d WO O D R O L L - U P G A R A G E D O O R 8b VE R T I C A L S I D I N G 9b HA R D I E T R I M 11 A C U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 5 ( P L A N 3 ) E X T E R I O R E L E V A T I O N S A5 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:30:45 PM, 23-0629_DR Resubmittal 14 2 SC A L E : LO T 5 ( P L A N 3 ) C O L O R S & M A T E R I A L S A5 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : M O I R E B L A C K ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : H O R I Z O N OC - 5 3 TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 GA R A G E D O O R S : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 VE R T I C A L S I D I N G : MF R : B E N J A M I N M O O R E CO L O R : G R A Y C A S H M E R E 21 3 8 - 6 0 MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : R O U G H C U T VI N E Y A R D T R A I L WO O D R A I L I N G : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : T U N D A R B R I C K LA T I G O 6/29/2023 5:30:55 PM, 23-0629_DR Resubmittal 14 3 CA M I N O P A B L O - L O T 6 (P L A N 2 ) SC A L E : LO T 6 ( P L A N 2 ) C O V E R S H E E T A6 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:31:04 PM, 23-0629_DR Resubmittal 14 4 T.P. 15'-0" SETBAC K 15'-0" SETBAC K 15 ' - 0 " SE T B A C K 15'-0"SETBACK 15 ' - 0 " SE T B A C K 20 ' - 0 " SE T B A C K 15 ' - 0 " SE T B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 6 ( P L A N 2 ) S I T E P L A N A6 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:31:22 PM, 23-0629_DR Resubmittal 14 5 T.P . 30x24 CLR MA I N F L O O R LO T 6 - P L A N 2 MA I N L I V I N G : 33 6 2 S Q . F T . TO T A L : 3 3 6 2 S Q . F T . A. D . U . : 11 1 0 S Q . F T . TO T A L L I V I N G : 4 4 7 2 S Q . F T . GA R A G E : 7 7 8 S Q . F T . LO W E R F L O O R LO T 6 - P L A N 2 T. P . 30x24 CLR GR E A T R M . 16 ' - 8 " x 2 2 ' - 0 " DI N . 11 ' - 6 " x 2 1 ' - 0 " KI T . 10 ' - 8 " x 1 6 ' - 4 " PA N . 6' - 0 " x 9 ' - 1 0 " DI N I N G 15 ' - 0 " x 1 4 ' - 0 " OF F I C E / B D . 4 13 ' - 0 " x 1 5 ' - 0 " BT H . 3 9' - 0 " x 6 ' - 0 " EN T R Y 8' - 0 " x 5 ' - 0 " PR I M . B D . 16 ' - 8 " x 1 7 ' - 0 " PR I M . B T H . - BD . 2 13 ' - 6 " x 1 1 ' - 6 " BT H . 2 11 ' - 6 " x 6 ' - 6 " BD . 3 12 ' - 7 " x 1 1 ' - 6 " LN D Y . 8' - 1 0 " x 9 ' - 5 " 87 ' - 6 " 3' - 0 " 16 ' - 6 " 8' - 6 " 29 ' - 0 " 18 ' - 0 " 6' - 6 " 4' - 0 " 87 ' - 6 " 41 ' - 8 " 41 ' - 1 0 " 49'-0" 17'-0"19'-612"12'-512" 49'-0" 17'-0"22'-0"10'-0" 2' - 0 " 4' - 0 " DI N . 9' - 6 " x 7 ' - 6 " KI T . 21 ' - 6 " x 7 ' - 6 " LN D Y . 8' - 0 " x 3 ' - 0 " LI V . 14 ' - 6 " x 1 5 ' - 0 " A. D . U . BD . 13 ' - 0 " x 1 3 ' - 0 " A. D . U . 3+ C A R G A R . - 87 ' - 6 " 3' - 0 " 16 ' - 6 " 8' - 6 " 29 ' - 0 " 30 ' - 6 " 4' - 0 " 49'-0" 25'-6"23'-6" 49'-0" 2'-0"15'-0"8'-6"13'-6"10'-0" 87 ' - 6 " 41 ' - 1 0 " 41 ' - 8 " A A6 . 2 A A6 . 2 A A6 . 2 A A6 . 2 EN T R Y - C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 6 ( P L A N 2 ) F L O O R P L A N S A6 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:31:27 PM, 23-0629_DR Resubmittal 14 6 T. P . RO O F P L A N LO T 6 - P L A N 2 A A6 . 2 A A6 . 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 3: 1 2 5:12 3:12 5:12 5:12 5:12 5:12 5:12 5:12 5:12 5: 1 2 5: 1 2 5: 1 2 3: 1 2 5:12 14 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E LO W E R S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 2' - 0 " E A V E TY P . , U . O . N . 6" R A K E TY P . , U . O . N . LO W E R S . O . G . LO W E R P L A T E 10'-1" SE C T I O N A - A LO T 6 ( P L A N 2 ) LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . MA I N P L A T E 10'-1" 10'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E OP E N T O HA L L W A Y BE Y O N D OP E N T O HA L L W A Y BE Y O N D MA I N S U B F L R . EN T R Y P O R C H P L A T E OF F F I C E / D I N . P L A T E 14'-1" ±32'-6" MAX. BLDG. HT. 12'-1" 10'-1" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 6 ( P L A N 2 ) R O O F P L A N & B L D G . S E C T I O N S A6 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:31:31 PM, 23-0629_DR Resubmittal 14 7 FR O N T E L E V A T I O N LO T 6 ( P L A N 2 ) LO W E R S . O . G . LO W E R P L A T E MA I N S . F . / S . O . G . MA I N P L A T E 10'-1"10'-1" 12'-1" 14'-1" 10'-1" 9b 9c 8b 8a 10 6d 2 1 8c 3 6a 7 4 DI N I N G P L A T E MA I N S U B F L R . LO W E R S . O . G . LO W E R P L A T E FA M I L Y P L A T E LE F T E L E V A T I O N LO T 6 ( P L A N 2 ) 35 ' - 0 " A B O V E F I N I S H E D GR A D E LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . DI N I N G P L A T E 10'-1"14'-1" F F F F MA I N S . O . G . FA M I L Y P L A T E 12'-1" 10'-1" BE D R O O M P L A T E 6b 11 RE A R E L E V A T I O N LO T 6 ( P L A N 2 ) LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . FA M I L Y P L A T E 10'-1"12'-1" F F F F F F F F 10'-1" MA I N S . O . G . BE D R O O M P L A T E 6c 6c LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . BE D R O O M P L A T E 10'-1"10'-1" RI G H T E L E V A T I O N LO T 6 ( P L A N 2 ) 10'-1" 12'-1" 14'-1" MA I N S . F . / S . O . G . DI N I N G P L A T E EN T R Y P L A T E BE D R O O M P L A T E 10'-1" LO W E R S . O . G . 35 ' - 0 " A B O V E F I N I S H E D GR A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 R E C E S S E D W I N D O W A T S T U C C O C O N D I . 6b FI B E R G L A S S M A N . D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 8c AD H E R E D S T O N E 9c PR E C A S T T R I M 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9a NO T U S E D 10 ME T A L R A I L I N G 3 ME T A L C A N O P Y 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d RO L L - U P G A R A G E D O O R (O P T I O N A L G L A S S D O O R ) 8b LA P S I D I N G 9b HA R D I E T R I M 11 A C U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 6 ( P L A N 2 ) E X T E R I O R E L E V A T I O N S A6 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:31:41 PM, 23-0629_DR Resubmittal 14 8 SC A L E : LO T 6 ( P L A N 2 ) C O L O R S & M A T E R I A L S A6 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : H E A T H E R B L E N D HO R I Z O N T A L S I D I N G : MF R : B E N J A M I N M O O R E CO L O R : A S H L E Y G R A Y HC - 8 7 TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : T A O S T A U P E 21 1 1 - 4 0 ME T A L C A N O P Y : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : R E V E R E P E W T E R HC - 1 7 2 ME T A L G A R A G E D O O R (w / G L A S S ) : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : L I M E S T O N E Y O R K w/ O V E R G R O U T ME T A L R A I L I N G : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E 6/29/2023 5:31:49 PM, 23-0629_DR Resubmittal 14 9 CA M I N O P A B L O - L O T 7 (P L A N 6 ) SC A L E : LO T 7 ( P L A N 6 ) C O V E R S H E E T A7 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:31:58 PM, 23-0629_DR Resubmittal 15 0 LO T 7 PL A N 6 T 8 T.P. T.P. T.P. T.P. 15'- 0 " SET B A C K 10'- 0 " SET B A C K 15'-0" SETBACK 15 ' - 0 " SE T B A C K 15'-0" SETBAC K 20' - 0 " SE T B A C K 15'-0" SETBAC K 20 ' - 0 " SE T B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 7 ( P L A N 6 ) S I T E P L A N A7 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:32:15 PM, 23-0629_DR Resubmittal 15 1 30x24 CLR 30x24 CLR 30x24 CLR MA I N F L O O R LO T 7 ( P L A N 6 ) MA I N L I V I N G : 37 6 1 S Q . F T . TO T A L L I V I N G : 3 7 6 1 S Q . F T . GA R A G E : 8 3 0 S Q . F T . FR O N T P O R C H : 2 4 9 S Q . F T . RE A R P O R C H : 2 1 5 S Q . F T . 83 ' - 0 " 72'-0" 82 ' - 0 " 74'-0" 4' - 0 " 7' - 1 0 " 19 ' - 0 " 13 ' - 0 " 24 ' - 3 " 14 ' - 1 1 " 5'-6"6'-0"21'-6"10'-0"5'-0" 44 ' - 6 " 18 ' - 0 " 13 ' - 6 " 6' - 0 " 7'-0"27'-6"13'-0"9'-6"13'-0"2'-0" 3- C A R G A R . 36 ' - 0 " x 2 2 ' - 3 " PR I M . B D . 15 ' - 0 " x 1 5 ' - 9 " PR I M . B T H . 15 ' - 0 " x 1 5 ' - 6 " BD . 2 12 ' - 9 " x 1 1 ' - 3 " LN D Y . 8' - 0 " x 7 ' - 3 " BT H . 2 12 ' - 9 " x 7 ' - 3 " W. I . C . 10 ' - 9 " x 9 ' - 0 " BD . 3 12 ' - 0 " x 1 1 ' - 6 " DE N / O F F I C E / B D . 4 15 ' - 6 " x 1 5 ' - 9 " BT H . 3 7' - 9 " x 9 ' - 0 " DI N . 14 ' - 3 " x 1 0 ' - 0 " GR E A T R M . 16 ' - 6 " x 2 1 ' - 0 " KI T . 14 ' - 9 " x 2 1 ' - 0 " PA N . 6' - 0 " x 5 ' - 6 " PO R C H 22 ' - 6 ' x 1 0 ' - 0 " EN T . 7' - 3 " x 1 7 ' - 6 " DR O P FO R M A L D I N . / D E N 14 ' - 6 " x 1 6 ' - 6 " BA R 6'- 0 " x 9 ' - 0 " NI C H E 8'- 0 " x 1 0 ' - 0 " PO R C H 25 ' - 0 ' x 9 ' - 6 " 26'-0" A A7 . 2 A A7 . 2 C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 7 ( P L A N 6 ) F L O O R P L A N A7 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:32:21 PM, 23-0629_DR Resubmittal 15 2 T. P . T.P . T.P . RO O F P L A N LO T 7 ( P L A N 6 ) TO P : + 1 2 ' - 1 " TO P : + 1 8 ' - 1 " 10 ' - 1 " P L A B O V E MA I N S . O . G . 112" R A K E @ 5 : 1 2 S L O P E TY P . , U . O . N . 2'-0" EAVE TYP., U.O.N. 112" R A K E TY P . , U . O . N . 1'-6" EAVE @ 3:12 SLOPE TYP., U.O.N. 3: 1 2 3: 1 2 5: 1 2 5:12 5:12 5: 1 2 5: 1 2 10 ' - 1 " P L A B O V E MA I N S . O . G . 2'-0" EAVE @ FORMAL DIN. 5:12 5:12 5: 1 2 20 ' - 1 " P L A B O V E MA I N S . O . G . 5: 1 2 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 11 ' - 1 " P L A B O V E MA I N S . O . G . 16 ' - 1 " P L A B O V E MA I N S . O . G . 5: 1 2 5:12 5: 1 2 5: 1 2 FL A T R O O F FL A T R O O F 12 ' - 7 " P L A B O V E MA I N S . O . G . 12 ' - 7 " P L A B O V E MA I N S . O . G . A A7 . 2 A A7 . 2 MA I N S . O . G . MA I N P L A T E 10'-1" SE C T I O N A - A LO T 7 ( P L A N 6 ) 35 ' - 0 " A B O V E F I N I S H E D GR A D E GR E A T R M . / PR I M . B D . P L A T E 12'-7" DI N . P L A T E 20'-1" T. O . G A R A G E P A R A P E T T. O . D E N P A R A P E T 18'-1" 12'-1" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 7 ( P L A N 6 ) R O O F P L A N & B L D G . S E C T I O N S A7 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:32:25 PM, 23-0629_DR Resubmittal 15 3 FR O N T E L E V A T I O N LO T 7 ( P L A N 6 ) ±24'-6" MAX. BLDG. HT. MA I N S . O . G . MA I N P L A T E 10'-1" DI N . P L A T E 20'-1" T. O . G A R A G E P A R A P E T 12'-1" FF F F F F F F 18'-1" EN T R Y P L A T E F MA I N S . O . G . T. O . D E N P A R A P E T T. O . E N T R Y PO R C H P A R A P E T 10'-1" 2 1 4 6a 6d 6d 7 8a 8b 9b 9a MA I N S . O . G . MA I N P L A T E 10'-1" LE F T E L E V A T I O N LO T 7 ( P L A N 6 ) GR E A T R M . / PR I M . B D . P L A T E 12'-7" 20'-1" 11'-1" 18'-1" 6b DI N . P L A T E T. O . D E N PA R A P E T MA I N S . O . G . MA I N P L A T E T. O . G A R A G E PA R A P E T PR I M . B T H . P L A T E 12'-1" 10'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E 5 RE A R E L E V A T I O N LO T 7 ( P L A N 6 ) MA I N S . O . G . RE A R P O R C H P L A T E 11'-1" GR E A T R M . / PR I M . B D . P L A T E 18'-1" 12'-7" T. O . D E N P A R A P E T 10'-1" F F F MA I N S . O . G . MA I N P L A T E PR I M . B T H . P L A T E 11'-1" 6c 13 F F F F F F F F F F RI G H T E L E V A T I O N LO T 7 ( P L A N 6 ) MA I N S . O . G . MA I N P L A T E / T. O . E N T R Y P O R C H PA R A P E T 10'-1" GR E A T R M . / PR I M . B D . P L A T E 18'-1" DI N . P L A T E T. O . G A R A G E P A R A P E T 12'-1" T. O . D E N P A R A P E T 20'-1" F F F F F MA I N S . O . G . RE A R P O R C H PL A T E 11'-1" 12'-7" 35 ' - 0 " A B O V E F I N I S H E D GR A D E F F F MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 M E T A L T R I M C A P O V E R P A R A P E T 6b FI B E R G L A S S M A N . D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 9a ST U C C O O V E R F O A M T R I M 1 1 NO T U S E D 2 6 " H A L F - R O U N D G U T T E R 5 GA B L E V E N T S 6c FR E N C H D O O R 8a ST U C C O 9b PR E C A S T T R I M 12 N O T U S E D 3 NO T U S E D 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d RO L L - U P G A R A G E D O O R , O P T I O N A L G L A S S DO O R 8b AD H E R E D S T O N E 10 NO T U S E D 13 AC U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 7 ( P L A N 6 ) E X T E R I O R E L E V A T I O N S A7 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:32:34 PM, 23-0629_DR Resubmittal 15 4 SC A L E : LO T 7 ( P L A N 6 ) C O L O R S & M A T E R I A L S A7 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : M O I R E B L A C K PR E C A S T T R I M : MF R : E L D O R A D O S T O N E SP E C : S P L I T - E D G E W A I N S C O T ME T A L C A N O P Y : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : S I L V E R L A K E 15 9 8 GA R A G E D O O R : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 TR I M S , G U T T E R S , & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : C U T C O A R S E S T O N E CA N N O N A D E 6/29/2023 5:32:43 PM, 23-0629_DR Resubmittal 15 5 CA M I N O P A B L O - L O T 8 (P L A N 7 ) SC A L E : LO T 8 ( P L A N 7 ) C O V E R S H E E T A8 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:32:54 PM, 23-0629_DR Resubmittal 15 6 LO T 8 PL A N 7 T.P. T.P . T.P . T.P. T.P. T.P. 10'- 0 " ETBA C K 10 ' - 0 " SE T B A C K 15'-0" SETBACK 15'- 0 " SET B A C K 20'-0"SETBACK 10'- 0 " SET B A C K 20' - 0 " SE T B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 8 ( P L A N 7 ) S I T E P L A N A8 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:33:12 PM, 23-0629_DR Resubmittal 15 7 30 x 2 4 C L R 30x24 CLR 30x24 CLR 30 x 2 4 C L R MA I N F L O O R LO T 8 ( P L A N 7 ) MA I N L I V I N G : 34 6 3 S Q . F T . TO T A L L I V I N G : 3 4 6 3 S Q . F T . GA R A G E : 6 7 9 S Q . F T . FR O N T P O R C H : 7 1 S Q . F T . RE A R P O R C H : 2 9 6 S Q . F T . 94 ' - 0 " 18 ' - 5 12" 15 ' - 1 1 12" 0" 57 ' - 7 " 2' - 0 " 65'-0" 5'-0"10'-6"19'-6"22'-0"8'-0" 94 ' - 0 " 10 ' - 0 " 6' - 0 " 14 ' - 0 " 9' - 0 " 12 ' - 0 " 6' - 0 " 7' - 0 " 65'-0" 2'-7"12'-11"8'-0"18'-0"6'-0"0"7'-0"8'-0" 5'-0"8'-0" PR I M . B D . 17 ' - 0 " x 1 7 ' - 3 " PR I M . B T H . 15 ' - 6 " x 1 2 ' - 0 " W. I . C . 7' - 6 " x 1 5 ' - 6 " BD . 2 15 ' - 6 " x 1 3 ' - 0 " LN D Y . 13 ' - 3 " x 7 ' - 0 " BT H . 2 9' - 6 " x 5 ' - 0 " W. I . C . 7' - 6 " x 1 2 ' - 0 " BD . 3 13 ' - 0 " x 1 4 ' - 0 " OF F I C E / B D . 4 12 ' - 0 " x 1 8 ' - 6 " BT H . 4 5' - 0 " x 1 0 ' - 3 " BT H . 3 5' - 6 " x 1 0 ' - 0 " DI N . 18 ' - 0 " x 1 8 ' - 3 " GR E A T R M . 19 ' - 6 " x 2 1 ' - 9 " KI T . 11 ' - 9 " x 1 8 ' - 3 " PA N . 7' - 6 " x 6 ' - 6 " PO R C H 24 ' - 0 ' x 1 0 ' - 0 " EN T . 8' - 0 " x 1 8 ' - 6 " DR O P 3- C A R G A R . 29 ' - 0 " x 2 2 ' - 6 " W. I . C 5' - 6 " x 5 ' - 3 " 2'-6" A A8 . 2 A A8 . 2 12 ' - 0 " 18 ' - 0 " 7'-5" 5'-0"2'-5" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 8 ( P L A N 7 ) F L O O R P L A N A8 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:33:18 PM, 23-0629_DR Resubmittal 15 8 T.P. T.P . T. P . T.P. RO O F P L A N LO T 8 ( P L A N 7 ) 10 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 13 ' - 7 " P L A B O V E MA I N S . O . G . TO P : + 1 3 ' - 1 " TO P : + 1 1 ' - 1 " TO P : + 1 2 ' - 7 " TO P : + 1 1 ' - 7 " FL A T R O O F 2' - 0 " E A V E TY P . , U . O . N . 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5:12 5:12 5:12 5:12 5:12 5:12 5: 1 2 5:12 RE S U L T A N T P L 5: 1 2 5: 1 2 5:125: 1 2 5:12 5:12 5: 1 2 5:12 5: 1 2 17 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 13 ' - 7 " P L A B O V E MA I N S . O . G . A A8 . 2 A A8 . 2 FL A T M E T A L R O O F 1/ 4 : 1 2 9' - 1 " P L A B O V E MA I N S . O . G . MA I N S . O . G . PO R C H P L A T E 9'-1" SE C T I O N A - A LO T 8 ( P L A N 7 ) 35 ' - 0 " A B O V E F I N I S H E D GR A D E 13'-7" GR E A T R M . P L A T E T. O . B D . 3 P A R A P E T MA I N S . O . G . MA I N P L A T E 10'-1" 12'-7" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 8 ( P L A N 7 ) R O O F P L A N & B L D G . S E C T I O N S A8 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:33:23 PM, 23-0629_DR Resubmittal 15 9 FR O N T E L E V A T I O N LO T 8 ( P L A N 7 ) ±23'-0" MA I N S . O . G . MA I N P L A T E 10'-1" PR I M . B D . P L A T E 12'-1" T. O . E N T R Y P A R A P E T 13'-1" T. O . G A R A G E P A R A P E T T. O . B D . 3 P A R A P E T 17'-1" OF F I C E / E N T R Y P L A T E F F F F T. O . B T H . 3 P A R A P E T 11'-7" GR E A T R M . P L A T E 13'-7" MA I N S . O . G . MA I N P L A T E 10'-1" 11'-1" 12'-7" 2 1 4 6d 6d 7 8a 6a 8b MA I N S . O . G . 10'-1" LE F T E L E V A T I O N LO T 8 ( P L A N 7 ) PR I M . B D . P L A T E 12'-1" 10'-3" 13'-7" 9'-7" 6b MA I N S . O . G . MA I N P L A T E T. O . G A R A G E PA R A P E T OF F I C E / EN T R Y P L A T E T. O . B D . 3 PA R A P E T 12'-7" 13'-1" 17'-1" GR E A T R M . P L A T E PR I M . B T H . P L A T E PO R C H P L A T E F F 35 ' - 0 " A B O V E F I N I S H E D GR A D E RE A R E L E V A T I O N LO T 8 ( P L A N 7 ) MA I N S . O . G . PO R C H P L A T E 13'-7" F GR E A T R M . P L A T E PR I M B T H . P L A T E PR I M . B D . P L A T E MA I N S . O . G . 9'-7" 12'-1" 6c 6c 9a 13 9'-1" F F F F F F F F F F F 5 F F F F F F F RI G H T E L E V A T I O N LO T 8 ( P L A N 7 ) MA I N S . O . G . MA I N P L A T E 10'-1" 12'-7" 13'-1" T. O . G A R A G E P A R A P E T 17'-1" 11'-7" OF F I C E / E N T R Y P L A T E MA I N S . O . G . PO R C H P L A T E GR E A T R M . P L A T E 9'-1" 13'-7" T. O . B T H . 3 P A R A P E T T. O . B D . 3 P A R A P E T 35 ' - 0 " A B O V E F I N I S H E D GR A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 M E T A L T R I M C A P O V E R P A R A P E T 6b FI B E R G L A S S M A N . D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 9a ST U C C O O V E R F O A M T R I M 1 1 NO T U S E D 2 6 " H A L F - R O U N D G U T T E R 5 FL A T M E T A L R O O F 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9b NO T U S E D 12 N O T U S E D 3 NO T U S E D 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d RO L L - U P G A R A G E D O O R , O P T I O N A L G L A S S DO O R 8b AD H E R E D S T O N E 10 NO T U S E D 13 AC U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 8 ( P L A N 7 ) E X T E R I O R E L E V A T I O N S A8 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:33:31 PM, 23-0629_DR Resubmittal 16 0 SC A L E : LO T 8 ( P L A N 7 ) C O L O R S & M A T E R I A L S A8 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : W E A T H E R E D W O O D WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E ME T A L D O O R (w / G L A S S ) : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E ME T A L G A R A G E D O O R (w / G L A S S ) : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : S H A K E R B E I G E HC - 4 5 MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : L E D G E C U T 3 3 BI R C H 6/29/2023 5:33:40 PM, 23-0629_DR Resubmittal 16 1 CA M I N O P A B L O - L O T 9 (P L A N 5 ) SC A L E : LO T 9 ( P L A N 5 ) C O V E R S H E E T A9 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:33:48 PM, 23-0629_DR Resubmittal 16 2 LO T 9 PL A N 5 0 T.P . T.P. 10' - 0 " SET B A C K 20'-0"SETB A C K 15' - 0 " SET B A C K 20'-0"SETBAC K 10 ' - 0 " SE T B A C K 10 ' - 0 " SE T B A C K S 20'0" -0"SETBACK 15'-0 " SET B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 9 ( P L A N 5 ) S I T E P L A N A9 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:34:07 PM, 23-0629_DR Resubmittal 16 3 UP P E R F L O O R LO T 9 ( P L A N 5 ) MA I N L I V I N G : 2 2 3 4 S Q . F T . UP P E R L I V I N G : 22 1 7 S Q . F T . TO T A L : 4 4 5 1 S Q . F T . AD U : 92 0 S Q . F T . TO T A L L I V I N G : 5 3 7 1 S Q . F T . GA R A G E : 7 5 9 S Q . F T . CO V E R E D T E R R A C E : 7 7 0 S Q . F T . EN T R Y P O R C H : 2 3 2 S Q . F T . MA I N F L O O R LO T 9 ( P L A N 5 ) 80 ' - 0 " 10 ' - 0 " 5' - 0 " 5' - 0 " 15 ' - 0 " 55 ' - 0 " 80 ' - 0 " 16 ' - 0 " 23 ' - 0 " 27 ' - 0 " 14 ' - 0 " 78'-6" 32'-0"28'-6"16'-0" 5'-0"11'-0" 78'-6" 2'-0"54'-0"8'-6" 8'-0"15'-6" 23'-6" 14'-0" 64 ' - 0 " 16 ' - 0 " 64 ' - 0 " 16 ' - 0 " 9' - 1 1 12" 14 ' - 0 " 54'-0"8'-6"16'-0" 54'-0" 54'-0"8'-6"16'-0" DI N . 8' - 6 " x 7 ' - 0 " LI V . 14 ' - 0 " x 1 2 ' - 0 " AD U KI T . 11 ' - 6 " x 9 ' - 0 " AD U 12 ' - 0 " x 1 5 ' - 6 " DI N . KI T . GR E A T R M . 46 ' - 0 " x 1 9 ' - 0 " BT H . 15 ' - 0 " x 9 ' - 6 " PO R C H 5' - 0 " x 5 ' - 0 " LN D Y . 5' - 6 " x 3 ' - 6 " W. I . C . 5' - 6 " x 5 ' - 6 " PR E P . K I T . 5'- 6 " x 1 2 ' - 0 " PA N . 8' - 0 " x 6 ' - 0 " OP T . K I T . / B B Q TE R R A C E 54 ' - 6 " x 1 3 ' - 0 " CO V E R E D LI V . 3- C A R G A R A G E 21 ' - 6 " x 2 7 ' - 6 " PO R C H 27 ' - 0 " x 8 ' - 0 " FO R M A L D I N . 17 ' - 0 " x 1 2 ' - 6 " DR O P 7'- 0 " x 6 ' - 0 " EN T R Y 8' - 0 " x 1 1 ' - 6 " DE N / B D . 5 13 ' - 0 " x 1 1 ' - 6 " BT H . 5 8' - 6 " x 5 ' - 0 " W. I . C . 8' - 6 " x 5 ' - 0 " BD . 3 13 ' - 0 " x 1 3 ' - 6 " BD . 4 13 ' - 0 " x 1 1 ' - 6 " BT H . 4 8' - 6 " x 5 ' - 0 " PR I M . B D . 17 ' - 0 " x 2 1 ' - 0 " PR I M . B T H . 17 ' - 0 " x 1 7 ' - 0 " W. I . C . 6' - 6 " x 1 9 ' - 0 " BD . 2 13 ' - 0 " x 1 3 ' - 0 " W. I . C . 9'- 0 " x 5 ' - 0 " W. I . C . 8' - 6 " x 5 ' - 0 " W. I . C . 5' - 0 " x 5 ' - 0 " LN D Y . 11 ' - 6 " x 6 ' - 0 " BT H . 2 5' - 6 " x 8 ' - 6 " BT H . 3 5' - 6 " x 8 ' - 6 " 2'-0" A A9 . 2 A A9 . 2 A A9 . 2 A A9 . 2 14 ' - 6 " 25 ' - 6 12" 46 ' - 1 " 17 ' - 1 1 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 9 ( P L A N 5 ) F L O O R P L A N S A9 . 1 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:34:14 PM, 23-0629_DR Resubmittal 16 4 UP P E R F L O O R LO T 9 ( P L A N 5 ) - O P T I O N A L C O V E R E D T E R R A C E ( L O T 1 0 S I M . ) 64 ' - 0 " 16 ' - 0 " 64 ' - 0 " 16 ' - 0 " 9' - 1 1 12" 14 ' - 0 " 54'-0"8'-6"16'-0" 54'-0" 54'-0"8'-6"16'-0" BD . 3 13 ' - 0 " x 1 3 ' - 6 " BD . 4 13 ' - 0 " x 1 1 ' - 6 " BT H . 4 8' - 6 " x 5 ' - 0 " PR I M . B D . 17 ' - 0 " x 2 1 ' - 0 " PR I M . B T H . 17 ' - 0 " x 1 7 ' - 0 " W. I . C . 6' - 6 " x 1 9 ' - 0 " BD . 2 13 ' - 0 " x 1 3 ' - 0 " W. I . C . 9'- 0 " x 5 ' - 0 " W. I . C . 8' - 6 " x 5 ' - 0 " W. I . C . 5' - 0 " x 5 ' - 0 " BT H . 2 5' - 6 " x 8 ' - 6 " BT H . 3 5' - 6 " x 8 ' - 6 " CO V E R E D T E R R A C E 21 ' - 0 " x 1 4 ' - 0 " MA I N L I V I N G : 2 2 3 4 S Q . F T . UP P E R L I V I N G : 26 5 1 S Q . F T . TO T A L : 4 8 8 5 S Q . F T . AD U : 92 0 S Q . F T . TO T A L L I V I N G : 5 8 0 5 S Q . F T . GA R A G E : 7 5 9 S Q . F T . CO V E R E D T E R R A C E : 7 7 0 S Q . F T . UP P E R C O V E R E D T E R R A C E : 3 1 0 S Q . F T . EN T R Y P O R C H : 2 3 2 S Q . F T . A A9 . 2 A A9 . 2 LN D Y . 11 ' - 6 " x 6 ' - 0 " 14 ' - 6 " 25 ' - 6 12" 22 ' - 1 12" 23 ' - 1 1 12" 17 ' - 1 1 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 9 ( P L A N 5 ) O P T . C O V E R E D P A T I O F L O O R P L A N A9 . 1 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:34:15 PM, 23-0629_DR Resubmittal 16 5 RO O F P L A N LO T 9 ( P L A N 5 ) 10:12 10:12 10:12 10:12 10:12 10:12 5:12 5:12 5: 1 2 5: 1 2 3:12 5: 1 2 5: 1 2 4:12 4: 1 2 3: 1 2 3: 1 2 10 ' - 1 " P L A B O V E MA I N S . O . G . 9' - 1 " P L A B O V E UP P E R S . F . 9' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E UP P E R S . F . 9' - 1 " P L A B O V E UP P E R S . F . 9' - 1 " P L A B O V E UP P E R S . F . 112" R A K E TY P . , U . O . N . 9" E A V E TY P . , U . O . N . A A9 . 2 A A9 . 2 SE C T I O N A - A LO T 9 ( P L A N 5 ) ±30'-0" MAX. BLDG. HT. MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 35 ' - 0 " A B O V E F I N I S H E D G R A D E OP E N T O HA L L W A Y BE Y O N D OP E N T O PR I M . B T H . BE Y O N D MA I N S . O . G . MA I N P L A T E UP P E R P L A T E BD . 3 P L A T E UP P E R S U B F L R . 10'-1"9'-1" 10'-1" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 9 ( P L A N 5 ) R O O F P L A N & B L D G . S E C T I O N S A9 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:34:19 PM, 23-0629_DR Resubmittal 16 6 FR O N T E L E V A T I O N LO T 9 ( P L A N 5 ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E T ±30'-0" MAX. BLDG. HT. BD . 3 P L A T E 10'-1" 2 1 6a 7 8a 8c 6b 8b 9b 9a LE F T E L E V A T I O N LO T 9 ( P L A N 5 ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 12 35 ' - 0 " A B O V E F I N I S H E D G R A D E RE A R E L E V A T I O N LO T 9 ( P L A N 5 ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 6c 6c RI G H T E L E V A T I O N LO T 9 ( P L A N 5 ) MA I N S . O . G . 9'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 35 ' - 0 " A B O V E F I N I S H E D G R A D E 10'-1" PO R C H P L A T E MA I N S . O . G . UP P E R S U B F L R . MA I N P L A T E UP P E R P L A T E BD . 3 P L A T E 9'-1"10'-1" 10'-1" 6d 6d MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 N O T U S E D 6b FR E N C H D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 8c AD H E R E D S T O N E 10 ME T A L R A I L I N G 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9a PR E C A S T T R I M 11 N O T U S E D 3 NO T U S E D 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d WO O D R O L L - U P G A R A G E D O O R WI T H O P T I O N A L G L A S S D O O R 8b LA P S I D I N G 9b HA R D I E T R I M 12 A C UN I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 9 ( P L A N 5 ) E X T E R I O R E L E V A T I O N S A9 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:34:31 PM, 23-0629_DR Resubmittal 16 7 RE A R E L E V A T I O N LO T 9 ( P L A N 5 ) - O P T I O N A L C O V E R E D T E R R A C E ( L O T 1 0 S I M . ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 6c 6c 10 LE F T E L E V A T I O N LO T 9 ( P L A N 5 ) - O P T I O N A L C O V E R E D T E R R A C E ( L O T 1 0 S I M . ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 12 35 ' - 0 " A B O V E F I N I S H E D G R A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 N O T U S E D 6b FR E N C H D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 8c AD H E R E D S T O N E 10 ME T A L R A I L I N G 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9a PR E C A S T T R I M 11 N O T U S E D 3 NO T U S E D 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d WO O D R O L L - U P G A R A G E D O O R WI T H O P T I O N A L G L A S S D O O R 8b LA P S I D I N G 9b HA R D I E T R I M 12 A C UN I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 9 ( P L A N 5 ) E E O P T . C O V E R E D P A T I O A9 . 4 1/ 8 " = 1 ' - 0 " 6/29/2023 5:34:35 PM, 23-0629_DR Resubmittal 16 8 SC A L E : LO T 9 ( P L A N 5 ) C O L O R S & M A T E R I A L S A9 . 5 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : M O I R E B L A C K MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : L I M E S T O N E G R A N D B A N K S w/ O V E R G R O U T ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : S T O R M Y M O N D A Y 21 1 2 - 5 0 HO R I Z O N T A L S I D I N G : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 PR E C A S T T R I M : MF R : E L D O R A D O S T O N E SP E C : L I M E S T O N E C H I S E L E D W A I N S C O T TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E 6/29/2023 5:34:44 PM, 23-0629_DR Resubmittal 16 9 CA M I N O P A B L O - L O T 1 0 (P L A N 5 ) SC A L E : LO T 1 0 ( P L A N 5 ) C O V E R S H E E T A1 0 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:34:53 PM, 23-0629_DR Resubmittal 17 0 LO T 1 0 PL A N 5 15'-0 " SETB A C K 10' - 0 " SET B A C K 15'-0 " SETB A C K 20'-0"SETB A C K 15' - 0 " SET B A C K 15'-0"SETB A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 0 ( P L A N 5 ) S I T E P L A N A1 0 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:35:13 PM, 23-0629_DR Resubmittal 17 1 UP P E R F L O O R LO T 1 0 ( P L A N 5 ) MA I N L I V I N G : 2 2 4 9 S Q . F T . UP P E R L I V I N G : 22 2 5 S Q . F T . TO T A L : 4 4 7 4 S Q . F T . AD U : 92 0 S Q . F T . TO T A L L I V I N G : 5 3 9 4 S Q . F T . GA R A G E : 7 2 7 S Q . F T . CO V E R E D T E R R A C E : 7 7 0 S Q . F T . EN T R Y P O R C H : 6 4 S Q . F T . MA I N F L O O R LO T 1 0 ( P L A N 5 ) 80 ' - 0 " 10 ' - 0 " 5' - 0 " 5' - 0 " 15 ' - 0 " 55 ' - 0 " 80 ' - 0 " 16 ' - 0 " 4' - 8 " 7' - 1 0 " 14 ' - 0 " 78'-8" 32'-8"28'-6"16'-0" 5'-0"11'-0" 78'-6" 2'-0"54'-0"8'-6" 23'-6" 14'-0" 46 ' - 1 " 16 ' - 0 " 64 ' - 0 " 16 ' - 0 " 7' - 1 0 " 14 ' - 0 " 56'-0"8'-6"14'-0" 43'-8" 2'-0"8'-6"14'-0" DI N . 8' - 6 " x 7 ' - 0 " LI V . 14 ' - 0 " x 1 2 ' - 0 " AD U KI T . 11 ' - 6 " x 9 ' - 0 " AD U 12 ' - 0 " x 1 5 ' - 6 " DI N . KI T . GR E A T R M . 46 ' - 0 " x 1 9 ' - 0 " BT H . 15 ' - 0 " x 9 ' - 6 " PO R C H 5' - 0 " x 5 ' - 0 " LN D Y . 5' - 6 " x 3 ' - 6 " W. I . C . 5'- 6 " x 5 ' - 6 " PR E P . K I T . 5' - 6 " x 1 2 ' - 0 " PA N . 8' - 0 " x 6 ' - 0 " OP T . K I T . / B B Q TE R R A C E 54 ' - 6 " x 1 3 ' - 6 " CO V E R E D LI V . 3- C A R G A R A G E 21 ' - 6 " x 2 7 ' - 6 " PO R C H 8' - 0 " x 8 ' - 0 " FO R M A L D I N . 17 ' - 0 " x 1 2 ' - 6 " DR O P 7' - 0 " x 6 ' - 0 " EN T R Y 8'- 0 " x 1 3 ' - 6 " DE N / B D . 5 13 ' - 0 " x 1 1 ' - 6 " BT H . 5 8'- 6 " x 5 ' - 0 " W. I . C . 8'- 6 " x 5 ' - 0 " BD . 3 13 ' - 0 " x 1 3 ' - 6 " BD . 4 13 ' - 0 " x 1 1 ' - 6 " BT H . 4 8' - 6 " x 5 ' - 0 " PR I M . B D . 17 ' - 0 " x 2 1 ' - 0 " PR I M . B T H . 17 ' - 0 " x 1 2 ' - 6 " W. I . C . 6'- 6 " x 1 9 ' - 0 " BD . 2 13 ' - 0 " x 1 5 ' - 6 " W. I . C . 9' - 0 " x 5 ' - 0 " W. I . C . 8' - 6 " x 5 ' - 0 " W. I . C . 5' - 0 " x 5 ' - 0 " BT H . 2 5' - 6 " x 8 ' - 6 " BT H . 3 5' - 6 " x 8 ' - 6 " 1'-6" LN D Y . 11 ' - 6 " x 6 ' - 0 " A A1 0 . 2 A A1 0 . 2 A A1 0 . 2 A A1 0 . 2 4' - 8 " 23 ' - 6 12" 13 ' - 1 1 12" 4' - 8 " 13 ' - 6 " 2'-8" 21'-012" 12'-4" 2'-512" 19 ' - 4 " 1' - 0 " 3' - 8 " 12'-4" 2'-0" 2'-8"12'-4" 54'-0" 17 ' - 1 1 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 0 ( P L A N 5 ) F L O O R P L A N S A1 0 . 1 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:35:20 PM, 23-0629_DR Resubmittal 17 2 UP P E R F L O O R w / B O N U S R M . O P T . LO T 1 0 ( P L A N 5 ) 64 ' - 0 " 16 ' - 0 " 64 ' - 0 " 16 ' - 0 " 7' - 1 0 " 14 ' - 0 " 56'-0"8'-6"14'-0" 43'-8" 54'-0"8'-6"16'-0" CO V E R E D T E R R A C E 21 ' - 0 " x 1 4 ' - 0 " MA I N L I V I N G : 2 2 4 9 S Q . F T . UP P E R L I V I N G : 26 5 9 S Q . F T . TO T A L : 4 9 0 8 S Q . F T . AD U : 92 0 S Q . F T . TO T A L L I V I N G : 5 8 2 8 S Q . F T . GA R A G E : 7 2 7 S Q . F T . CO V E R E D T E R R A C E : 7 7 0 S Q . F T . UP P E R C O V E R E D T E R R A C E : 3 1 0 S Q . F T . EN T R Y P O R C H : 6 4 S Q . F T . BO N U S R M . 21 ' - 0 " x 1 8 ' - 6 " BD . 3 13 ' - 0 " x 1 3 ' - 6 " BD . 4 13 ' - 0 " x 1 1 ' - 6 " BT H . 4 8' - 6 " x 5 ' - 0 " PR I M . B D . 17 ' - 0 " x 2 1 ' - 0 " PR I M . B T H . 17 ' - 0 " x 1 2 ' - 6 " W. I . C . 6'- 6 " x 1 9 ' - 0 " BD . 2 13 ' - 0 " x 1 5 ' - 6 " W. I . C . 9' - 0 " x 5 ' - 0 " W. I . C . 8' - 6 " x 5 ' - 0 " W. I . C . 5'- 0 " x 5 ' - 0 " BT H . 2 5' - 6 " x 8 ' - 6 " BT H . 3 5'- 6 " x 8 ' - 6 " LN D Y . 11 ' - 6 " x 6 ' - 0 " A A1 0 . 2 A A1 0 . 2 4' - 8 " 23 ' - 6 12" 13 ' - 1 1 12" 12'-4" 14'-0"2'-0" 23 ' - 1 1 12" 17 ' - 1 1 " 22 ' - 1 12" 2'-0" 2'-8"12'-4" C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 0 ( P L A N 5 ) B O N U S R M . F L O O R P L A N A1 0 . 1 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:35:21 PM, 23-0629_DR Resubmittal 17 3 T.P. T.P . T.P. T. P . RO O F P L A N LO T 1 0 ( P L A N 5 ) 5: 1 2 5: 1 2 5:12 5:12 5:12 5:125: 1 2 5: 1 2 5: 1 2 5:12 5: 1 2 3: 1 2 3:12 5: 1 2 10 ' - 1 " P L A B O V E MA I N S . O . G . 9- 1 " P L A B O V E UP P E R S . O . G . FL A T M E T A L C A N O P Y RO O F B E L O W 2' - 0 " E A V E TY P . , U . O . N . 10 ' - 1 " P L A B O V E MA I N S . O . G . 9'- 1 " P L A B O V E UP P E R S . F . 10 ' - 1 " P L A B O V E MA I N S . O . G . PI T C H B R E A K 6" W R A P @ C H I M N E Y TY P . , U . O . N . 5:12 5:12 5: 1 2 CH I M N E Y 5:12 5: 1 2 5: 1 2 5:12 5:12 A A1 0 . 2 A A1 0 . 2 SE C T I O N A - A LO T 1 0 ( P L A N 5 ) ±30'-0" MAX. BLDG. HT. MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E OP E N T O HA L L W A Y BE Y O N D OP E N T O PR I M . B T H . BE Y O N D 35 ' - 0 " A B O V E F I N I S H E D G R A D E C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 0 ( P L A N 5 ) R O O F P L A N & B L D G . S E C T I O N S A1 0 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:35:25 PM, 23-0629_DR Resubmittal 17 4 FR O N T E L E V A T I O N LO T 1 0 ( P L A N 5 ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E ±30'-0" MAX. BLDG. HT. 2 1 6a 7 8a 8c 3 6b 8b 9b LE F T E L E V A T I O N LO T 1 0 ( P L A N 5 ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 12 35 ' - 0 " A B O V E F I N I S H E D G R A D E RE A R E L E V A T I O N LO T 1 0 ( P L A N 5 ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 6c 6c RI G H T E L E V A T I O N LO T 1 0 ( P L A N 5 ) MA I N S . O . G . 10'-1" UP P E R S U B F L R . 9'-1" MA I N P L A T E UP P E R P L A T E 6d 6d 9a 35 ' - 0 " A B O V E F I N I S H E D G R A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 N O T U S E D 6b FR E N C H D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 8c AD H E R E D S T O N E 10 NO T U S E D 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9a ST U C C O O V E R F O A M T R I M 1 1 NO T U S E D 3 ME T A L C A N O P Y 6a WO O D & G L A S S F R O N T D O O R S Y S T E M 6d RO L L - U P G A R A G E D O O R 8b LA P S I D I N G 9b HA R D I E T R I M 12 A C UN I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 0 ( P L A N 5 ) E X T E R I O R E L E V A T I O N S A1 0 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:35:35 PM, 23-0629_DR Resubmittal 17 5 SC A L E : LO T 1 0 ( P L A N 5 ) C O L O R S & M A T E R I A L S A1 0 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : G R E E N B R I E R B E I G E HC - 7 9 HO R I Z O N T A L S I D I N G : MF R : B E N J A M I N M O O R E CO L O R : T O W N S E N D H A R B O R HC - 6 4 MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : V A N T A G E 3 0 SO U T H E R N P E A K WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : T O W N S E N D H A R B O R HC - 6 4 RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : H E A T H E R B L E N D ME T A L C A N O P Y : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E 6/29/2023 5:35:44 PM, 23-0629_DR Resubmittal 17 6 CA M I N O P A B L O - L O T 1 1 (P L A N 4 ) SC A L E : LO T 1 1 ( P L A N 4 ) C O V E R S H E E T A1 1 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:35:53 PM, 23-0629_DR Resubmittal 17 7 10'-0" SETBAC K 15'-0 " SETB A C K 20 ' - 0 " SE T B A C K 10'-0" SETBAC K 15'-0 " SETB A C K 15 ' - 0 " SE T B A C K 15 ' - 0 " SE T B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 1 ( P L A N 4 ) S I T E P L A N A1 1 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:36:11 PM, 23-0629_DR Resubmittal 17 8 UP T.P.30 x 2 4 C L R T.P.30 x 2 4 C L R OP T . B A R 74 ' - 0 " 3' - 0 " 3' - 6 " 11 ' - 0 " 17 ' - 0 " 23 ' - 6 " 14 ' - 0 " 2' - 0 " 74 ' - 0 " 31 ' - 6 " 42 ' - 6 " 36'-512"26'-012" 9'-0"14'-0"13'-512" 36'-512"26'-012" 9'-0"14'-0"4'-512" AD U 13 ' - 0 " x 1 3 ' - 6 " BT H . 11 ' - 6 " x 1 2 ' - 6 " W. I . C . 8' - 6 " x 4 ' - 6 " KI T . 13 ' - 6 " x 8 ' - 0 " DI N . 13 ' - 6 " x 8 ' - 0 " LI V . 13 ' - 6 " x 1 5 ' - 0 " AD U BO N U S R M . 21 ' - 0 " x 1 2 ' - 6 " LN D Y . 3' - 6 " x 4 ' - 0 " BT H . 3 12 ' - 6 " x 5 ' - 6 " BD . 3 10 ' - 6 " x 1 2 ' - 6 " W. I . C . 5' - 0 " x 5 ' - 6 " BD . 2 13 ' - 0 " x 1 2 ' - 0 " PO R C H 23 ' - 6 " x 1 1 ' - 0 " LO W E R F L O O R LO T 1 1 ( P L A N 4 ) A A1 1 . 2 A A1 1 . 2 9'-0" T. P . 30x24 CLR DROP 30x24 CLR T. P . DN 74 ' - 0 " 3' - 6 " 11 ' - 0 " 17 ' - 0 " 23 ' - 6 " 14 ' - 0 " 2' - 0 " 3' - 0 " 74 ' - 0 " 19 ' - 6 " 12 ' - 0 " 6' - 6 " 14 ' - 0 " 8' - 0 " 14 ' - 0 " 62'-6" 9'-0"14'-0"37'-6"2'-0" 62'-6" 9'-0"14'-0"29'-6"10'-0" 2'-0" 3'-0" DI N . 13 ' - 0 " x 9 ' - 0 " PR I M . B D . 16 ' - 0 " x 1 7 ' - 6 " PR I M . B T H . 19 ' - 0 " x 1 2 ' - 6 " W. I . C . 16 ' - 0 " x 7 ' - 0 " LN D Y . 8' - 6 " x 1 0 ' - 6 " 3- C A R G A R A G E 30 ' - 6 " x 2 3 ' - 0 " DR O P 7' - 6 " x 4 ' - 0 " BT H . 2 6'- 6 " x 9 ' - 0 " OF F I C E / B D . 4 O P T . 13 ' - 0 " x 1 5 ' - 0 " DI N . / O F F I C E 13 ' - 0 " x 1 5 ' - 6 " TE R R A C E 23 ' - 6 " x 1 1 ' - 0 " GR E A T R M . 24 ' - 0 " x 1 7 ' - 6 " KI T . 10 ' - 6 " x 1 9 ' - 6 " PA N . 6' - 6 " x 4 ' - 0 " B. P A N . 6' - 6 " x 9 ' - 0 " MA I N L I V I N G : 2 8 9 4 S Q . F T . LO W E R L I V I N G : 10 1 3 S Q . F T . TO T A L : 3 9 0 7 S Q . F T . AD U : 93 6 S Q . F T . TO T A L L I V I N G : 4 8 4 3 S Q . F T . MA I N F L O O R LO T 1 1 ( P L A N 4 ) GA R A G E : 7 3 4 S Q . F T . PO R C H : 2 6 3 S Q . F T . TE R R A C E : 2 6 3 S Q . F T . A A1 1 . 2 A A1 1 . 2 T.P . 30x24 CLR BD . 4 13 ' - 0 " x 1 3 ' - 0 " BD . 4 O P T . LO T 1 1 ( P L A N 4 ) FO R A D D I T I O N A L I N F O R M A T I O N N O T SH O W N , S E E M A I N F L O O R P L A N C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 1 ( P L A N 4 ) F L O O R P L A N S A1 1 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:36:19 PM, 23-0629_DR Resubmittal 17 9 T. P . T. P . RO O F P L A N LO T 1 1 ( P L A N 4 ) 10:12 10:12 10:12 10:12 10:12 10:12 5: 1 2 5: 1 2 5: 1 2 3: 1 2 9' - 1 " P L A B O V E MA I N S . O . G . 11 ' - 1 " P L A B O V E MA I N S . O . G . 17 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . 9" EAVE @ 5:12 SLOPE TYP., U.O.N. 112" R A K E @ 5 : 1 2 S L O P E TY P . , U . O . N . 9" EAVE @ 3:12 SLOPE TYP., U.O.N. 112" R A K E @ 3 : 1 2 S L O P E TY P . , U . O . N . 112" RAKE @ 10:12 SLOPE TYP., U.O.N. 412" E A V E @ 1 0 : 1 2 S L O P E TY P . , U . O . N . A A1 1 . 2 A A1 1 . 2 RE S U L T A N T P L A B O V E MA I N S . O . G . RE S U L T A N T P L A B O V E MA I N S . O . G . LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . GA R A G E P L A T E MA I N P L A T E 10'-1" 9'-1" 12'-1" SE C T I O N A - A LO T 1 1 ( P L A N 4 ) MA I N S . O . G . OP E N T O BO N U S R M . BE Y O N D DI N . / O F F I C E P L A T E 17'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E ±32'-0" MAX. BLDG. HT. ±25'-0" MAX. BLDG. HT. C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 1 ( P L A N 4 ) R O O F P L A N & B L D G . S E C T I O N S A1 1 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:36:24 PM, 23-0629_DR Resubmittal 18 0 F F F MA I N S . O . G . GA R A G E P L A T E GA R A G E P L A T E MA I N P L A T E 9'-1" 11'-1" 12'-1" F F F FR O N T E L E V A T I O N LO T 1 1 ( P L A N 4 ) MA I N S . O . G . DI N . / O F F I C E P L A T E 17'-1" 8'-812" 2 3 1 4 6a 6d 6d 7 8a 8b 9b ±25'-0" MAX. BLDG. HT. F LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . GA R A G E P L A T E GA R A G E P L A T E MA I N P L A T E 10'-1" 9'-1" 11'-1" 12'-1" LE F T E L E V A T I O N LO T 1 1 ( P L A N 4 ) MA I N S . O . G . 6a 6b 9a 35 ' - 0 " A B O V E F I N I S H E D GR A D E F F F F F F F F F F F F F LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1" 11'-1" 12'-1" RE A R E L E V A T I O N LO T 1 1 ( P L A N 4 ) F F F F MA I N S U B F L R . GA R A G E / PR I M . B T H . P L A T E MA I N P L A T E 12'-1" LO W E R S . O . G . LO W E R P L A T E 10'-1" 6c 6c12 ±32'-0" MAX. BLDG. HT. F F LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . DI N . / O F F I C E P L A T E GA R A G E P L A T E GA R A G E P L A T E 10'-1" 9'-1" 11'-1" 12'-1" 17'-1" RI G H T E L E V A T I O N LO T 1 1 ( P L A N 4 ) F F F MA I N S U B F L R . MA I N P L A T E 13 35 ' - 0 " A B O V E F I N I S H E D GR A D E MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 G A B L E V E N T 6b FI B E R G L A S S M A N . D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 9a ST U C C O O V E R F O A M T R I M 1 1 NO T U S E D 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9b HA R D I E T R I M 12 M E T A L R A I L I N G 3 ME T A L C A N O P Y 6a FI B E R G L A S S F R O N T D O O R w/ S I D E L I T E S 6d WO O D R O L L - U P G A R A G E D O O R 8b VE R T I C A L S I D I N G 10 NO T U S E D 13 AC U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 1 ( P L A N 4 ) E X T E R I O R E L E V A T I O N S A1 1 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:36:34 PM, 23-0629_DR Resubmittal 18 1 SC A L E : LO T 1 1 ( P L A N 4 ) C O L O R S & M A T E R I A L S A1 1 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E ME T A L C A N O P Y : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : M O I R E B L A C K GA R A G E D O O R S : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : K E N D A L L C H A R C O A L HC - 1 6 6 ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : S T O N I N G T O N G R A Y HC - 1 7 0 VE R T I C A L S I D I N G : MF R : B E N J A M I N M O O R E CO L O R : C O V E N T R Y G R A Y HC - 1 6 9 6/29/2023 5:36:41 PM, 23-0629_DR Resubmittal 18 2 CA M I N O P A B L O - L O T 1 2 (P L A N 4 ) SC A L E : LO T 1 2 ( P L A N 4 ) C O V E R S H E E T A1 2 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:36:50 PM, 23-0629_DR Resubmittal 18 3 30x24 CLR LO T 1 2 PL A N 4 10'-0" SETBAC K 20' - 0 " SE T B A C K 10'-0" SETBAC K 15'-0" SETBACK 20 ' - 0 " SE T B A C K 15 ' - 0 " SE T B A C K 10'-0" SETBACK 15 ' - 0 " SE T B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 2 ( P L A N 4 ) S I T E P L A N A1 2 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:37:09 PM, 23-0629_DR Resubmittal 18 4 71 ' - 0 " 3' - 0 " 3' - 6 " 11 ' - 0 " 17 ' - 0 " 23 ' - 6 " 14 ' - 0 " 2' - 0 " 71 ' - 0 " 3' - 0 " 31 ' - 6 " 39 ' - 6 " 36'-512"26'-012" 9'-0"14'-0"13'-512" 36'-512"26'-012" 9'-0"23'-0"4'-512" BD . 13 ' - 0 " x 1 3 ' - 6 " A. D . U . BT H . 11 ' - 6 " x 1 2 ' - 6 " A. D . U . W. I . C . 8'- 6 " x 4 ' - 6 " KI T . 13 ' - 6 " x 8 ' - 0 " DI N . 13 ' - 6 " x 8 ' - 0 " LI V . 13 ' - 6 " x 1 5 ' - 0 " A. D . U . BO N U S R M . 21 ' - 0 " x 1 2 ' - 6 " LN D Y . 3' - 6 " x 4 ' - 0 " BT H . 3 12 ' - 6 " x 5 ' - 6 " BD . 3 10 ' - 6 " x 1 2 ' - 6 " W. I . C . 5' - 0 " x 5 ' - 6 " BD . 2 13 ' - 0 " x 1 2 ' - 0 " PO R C H 23 ' - 6 " x 1 1 ' - 0 " LO W E R F L O O R LO T 1 2 ( P L A N 4 ) A A1 2 . 2 A A1 2 . 2 74 ' - 0 " 3' - 6 " 11 ' - 0 " 17 ' - 0 " 23 ' - 6 " 14 ' - 0 " 2' - 0 " 3' - 0 " 74 ' - 0 " 19 ' - 6 " 20 ' - 6 " 12 ' - 0 " 8' - 0 " 14 ' - 0 " 62'-6" 9'-0"14'-0"37'-6"2'-0" 62'-6" 9'-0"20'-0"25'-1"8'-5" 3'-0" DI N . 13 ' - 0 " x 9 ' - 0 " PR I M . B D . 16 ' - 0 " x 1 7 ' - 6 " PR I M . B T H . 19 ' - 0 " x 1 2 ' - 6 " W. I . C . 16 ' - 0 " x 7 ' - 0 " LN D Y . 8'- 6 " x 1 0 ' - 6 " 3- C A R G A R A G E 30 ' - 6 " x 2 3 ' - 0 " DR O P 7' - 6 " x 4 ' - 0 " BT H . 2 6' - 6 " x 1 1 ' - 0 " OF F I C E / B D . 4 O P T . 13 ' - 0 " x 1 5 ' - 0 " DI N . / O F F I C E 13 ' - 0 " x 1 6 ' - 6 " TE R R A C E 23 ' - 6 " x 1 1 ' - 0 " GR E A T R M . 24 ' - 0 " x 1 7 ' - 6 " KI T . 10 ' - 6 " x 1 9 ' - 6 " PA N . 6'- 6 " x 4 ' - 0 " B. P A N . 6' - 6 " x 9 ' - 0 " MA I N L I V I N G : 2 9 3 0 S Q . F T . LO W E R L I V I N G : 98 6 S Q . F T . TO T A L : 3 9 1 6 S Q . F T . A. D . U . : 93 6 S Q . F T . TO T A L L I V I N G : 4 8 5 2 S Q . F T . MA I N F L O O R LO T 1 2 ( P L A N 4 ) GA R A G E : 8 1 8 S Q . F T . PO R C H : 2 6 3 S Q . F T . TE R R A C E : 2 6 3 S Q . F T . 4'-7" A A1 2 . 2 A A1 2 . 2 BD . 4 13 ' - 0 " x 1 3 ' - 0 " BD . 4 O P T . LO T 1 2 ( P L A N 4 ) FO R A D D I T I O N A L I N F O R M A T I O N N O T SH O W N , S E E M A I N F L O O R P L A N C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 2 ( P L A N 4 ) F L O O R P L A N S A1 2 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:37:17 PM, 23-0629_DR Resubmittal 18 5 RO O F P L A N LO T 1 2 ( P L A N 4 ) A A1 2 . 2 A A1 2 . 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5: 1 2 5:12 5:12 5:12 5:12 5:12 5:12 5:12 5:12 5:12 5:12 13 ' - 1 " T . O . P A R A P E T AB O V E M A I N S . O . G . 12 ' - 1 " P L A B O V E M A I N S. O . G . , T Y P . U . O . N . 14 ' - 1 " P L T . O . P A R A P E T AB O V E M A I N S . O . G . 18 ' - 1 " P L A B O V E MA I N S . O . G . 2'-0" EAVE @ 5:12 SLOPE TYP., U.O.N. LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . GA R A G E P L A T E MA I N P L A T E 10'-1" 9'-1" 12'-1" SE C T I O N A - A LO T 1 2 ( P L A N 4 ) MA I N S . O . G . OP E N T O BO N U S R M . BE Y O N D DI N . / O F F I C E P L A T E 18'-1" 35 ' - 0 " A B O V E F I N I S H E D G R A D E ±24'-6" MAX. BLDG. HT. C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 2 ( P L A N 4 ) R O O F P L A N & B L D G . S E C T I O N S A1 2 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:37:22 PM, 23-0629_DR Resubmittal 18 6 MA I N S . O . G . MA I N / G A R A G E P L A T E 12'-1" 13'-1" FR O N T E L E V A T I O N LO T 1 2 ( P L A N 4 ) MA I N S . O . G . 18'-1" 8'-812" T. O . G A R A G E P A R A P E T 14'-1" EN T R Y / O F F I C E P L A T E T. O . D I N I N G P A R A P E T MA I N P L A T E 12'-1" ±24'-6" 2 3 1 4 6a 6d 6d 7 8a 8b 9b LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . 10'-1"12'-1" LE F T E L E V A T I O N LO T 1 2 ( P L A N 4 ) MA I N S U B F L R . MA I N P L A T E 35 ' - 0 " A B O V E F I N I S H E D G R A D E 13 LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"12'-1" RE A R E L E V A T I O N LO T 1 2 ( P L A N 4 ) MA I N S U B F L R . MA I N P L A T E 12'-1" LO W E R S . O . G . LO W E R P L A T E 10'-1" 6c 6c12 LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1"12'-1" RI G H T E L E V A T I O N LO T 1 2 ( P L A N 4 ) MA I N S . O . G . 35 ' - 0 " A B O V E F I N I S H E D G R A D E EN T R Y / O F F I C E P L A T E T. O . G A R A G E P A R A P E T MA I N P L A T E 12'-1" 13'-1" 18'-1" 6a 6b 9a MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 M E T A L T R I M C A P O V E R P A R A P E T 6b FI B E R G L A S S M A N . D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 9a ST U C C O O V E R F O A M T R I M 1 1 NO T U S E D 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9b PR E C A S T T R I M 12 M E T A L R A I L I N G 3 ME T A L C A N O P Y 6a FI B E R G L A S S F R O N T D O O R w/ S I D E L I T E S 6d RO L L - U P G A R A G E D O O R (O P T I O N A L G L A S S D O O R ) 8b AD H E R E D S T O N E 10 NO T U S E D 13 AC U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 2 ( P L A N 4 ) E X T E R I O R E L E V A T I O N S A1 2 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:37:32 PM, 23-0629_DR Resubmittal 18 7 SC A L E : LO T 1 2 ( P L A N 4 ) C O L O R S & M A T E R I A L S A1 2 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : H E A T H E R B L E N D ME T A L C A N O P Y : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E ME T A L C A N O P Y : MF R : T A Y L O R M E T A L S CO L O R : D A R K B R O N Z E PR E C A S T T R I M : MF R : E L D O R A D O S T O N E SP E C : L I M E S T O N E C H I S E L E D W A I N S C O T TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : F R E N C H P R E S S AF - 1 7 0 ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : G R A N T B E I G E HC - 8 3 MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : C U T C O A R S E S T O N E OY S T E R 6/29/2023 5:37:40 PM, 23-0629_DR Resubmittal 18 8 CA M I N O P A B L O - L O T 1 3 (P L A N 4 ) SC A L E : LO T 1 3 ( P L A N 4 ) C O V E R S H E E T A1 3 . 0 . 0 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 6/29/2023 5:37:49 PM, 23-0629_DR Resubmittal 18 9 30x24 CLR LO T 1 3 PL A N 4 20'-0" SETBACK 20 ' - 0 " SE T B A C K 10'-0" SETBACK 15 ' - 0 " SE T B A C K NO R T H 0 5 1 0 1 5 2 0 2 5 50 SE T B A C K S FR O N T 2 0 ' - 0 " RE A R 1 5 ' - 0 " LE F T 1 5 ' - 0 " RI G H T 1 0 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 3 ( P L A N 4 ) S I T E P L A N A1 3 . 0 . 1 1" = 1 0 ' - 0 " 6/29/2023 5:38:08 PM, 23-0629_DR Resubmittal 19 0 UP T.P.30 x 2 4 C L R OP T . B A R T.P.30 x 2 4 C L R 71 ' - 0 " 3' - 0 " 4' - 0 " 10 ' - 6 " 17 ' - 0 " 23 ' - 6 " 14 ' - 0 " 2' - 0 " 71 ' - 0 " 3' - 0 " 36'-0"23'-6" 7'-0"29'-0" 36'-0"23'-6" 9'-0"23'-0" BD . 16 ' - 6 " x 1 4 ' - 0 " A. D . U . BT H . 11 ' - 6 " x 1 3 ' - 6 " A. D . U . W. I . C . 8' - 6 " x 5 ' - 6 " KI T . 13 ' - 6 " x 1 0 ' - 0 " DI N . 13 ' - 6 " x 8 ' - 0 " LI V . 13 ' - 6 " x 1 5 ' - 0 " A. D . U . BO N U S R M . 21 ' - 0 " x 1 2 ' - 6 " LN D Y . 3' - 6 " x 4 ' - 0 " BT H . 3 12 ' - 6 " x 5 ' - 6 " BD . 3 10 ' - 6 " x 1 2 ' - 6 " W. I . C . 5' - 0 " x 5 ' - 6 " BD . 2 13 ' - 0 " x 1 2 ' - 0 " PO R C H 23 ' - 6 " x 1 1 ' - 0 " LO W E R F L O O R LO T 1 3 ( P L A N 4 ) 2'-0"2'-0" A A1 3 . 2 A A1 3 . 2 T. P . 30x24 CLR DN 30 x 2 4 C L R T.P. 74 ' - 0 14" 4' - 0 " 10 ' - 6 " 17 ' - 0 " 23 ' - 6 " 14 ' - 0 " 2' - 0 " 3' - 0 14" 74 ' - 0 " 19 ' - 6 " 12 ' - 0 " 6' - 6 " 24 ' - 0 " 2' - 0 " 12 ' - 0 " 59'-6" 7'-0"26'-6"24'-0"2'-0" 59'-6" 9'-0"27'-0"16'-6"2'-0" 5'-0" 5'-0" DI N . 13 ' - 0 " x 9 ' - 0 " PR I M . B D . 16 ' - 0 " x 2 1 ' - 0 " PR I M . B T H . 19 ' - 6 " x 1 4 ' - 0 " W. I . C . 14 ' - 0 " x 1 0 ' - 0 " LN D Y . 10 ' - 6 " x 1 0 ' - 0 " 3- C A R G A R A G E 30 ' - 6 " x 2 2 ' - 6 " MU D R M . 13 ' - 6 " x 6 ' - 0 " BT H . 2 6'- 6 " x 9 ' - 0 " OF F I C E / B D . 4 O P T . 13 ' - 0 " x 1 7 ' - 0 " DI N . / O F F I C E 13 ' - 0 " x 1 5 ' - 6 " TE R R A C E 23 ' - 6 " x 1 1 ' - 0 " GR E A T R M . 24 ' - 0 " x 1 7 ' - 6 " KI T . 10 ' - 6 " x 1 9 ' - 6 " PA N . 6' - 6 " x 4 ' - 0 " B. P A N . 6' - 6 " x 6 ' - 0 " MA I N L I V I N G : 2 9 8 3 S Q . F T . LO W E R L I V I N G : 98 6 S Q . F T . TO T A L : 3 9 6 9 S Q . F T . A. D . U . : 10 0 4 S Q . F T . TO T A L L I V I N G : 4 9 7 3 S Q . F T . MA I N F L O O R LO T 1 3 ( P L A N 4 ) GA R A G E : 6 7 8 S Q . F T . PO R C H : 2 5 9 S Q . F T . TE R R A C E : 2 5 9 S Q . F T . 8' - 0 " 14 ' - 0 " 1'-0" 4'-0" 2'-0"2'-0" A A1 3 . 2 A A1 3 . 2 T.P . 30x24 CLR BD . 4 13 ' - 0 " x 1 3 ' - 0 " BD . 4 O P T . LO T 1 3 ( P L A N 4 ) FO R A D D I T I O N A L I N F O R M A T I O N N O T SH O W N , S E E M A I N F L O O R P L A N C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 3 ( P L A N 4 ) F L O O R P L A N S A1 3 . 1 1/ 8 " = 1 ' - 0 " 6/29/2023 5:38:15 PM, 23-0629_DR Resubmittal 19 1 T. P . 30 x 2 4 C L R T.P. RO O F P L A N LO T 1 3 ( P L A N 4 ) 5: 1 2 5: 1 2 5: 1 2 3: 1 2 5: 1 2 5: 1 2 5:12 5:12 5:12 5:12 5:12 5:12 5: 1 2 10 ' - 1 " P L A B O V E MA I N S . O . G . RE S U L T A N T P L A B O V E MA I N S . O . G . RE S U L T A N T P L A B O V E MA I N S . O . G . 16 ' - 1 " P L A B O V E MA I N S . O . G . RE S U L T A N T P L A B O V E MA I N S . O . G . 10 ' - 1 " P L A B O V E MA I N S . O . G . 9' - 1 " P L A B O V E MA I N S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . A A1 3 . 2 A A1 3 . 2 9" EAVE @ 5:12 SLOPE TYP., U.O.N. 112" R A K E @ 5 : 1 2 S L O P E TY P . , U . O . N . 9" EAVE @ 3:12 SLOPE TYP., U.O.N. 112" R A K E @ 3 : 1 2 S L O P E TY P . , U . O . N . 5: 1 2 10 ' - 1 " P L A B O V E LO W E R S . O . G . 12 ' - 1 " P L A B O V E MA I N S . O . G . LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . GA R A G E P L A T E MA I N P L A T E 10'-1" 10'-1" 12'-1" SE C T I O N A - A LO T 1 3 ( P L A N 4 ) MA I N S . O . G . OP E N T O BO N U S R M . BE Y O N D DI N . / O F F I C E P L A T E 16'-1" 35 ' - 0 " A B O V E F I N I S H E D GR A D E ±32'-0" MAX. BLDG. HT. ±25'-0" MAX. BLDG. HT. GA R A G E P L A T E OP E N T O HA L L W A Y BE Y O N D C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 3 ( P L A N 4 ) R O O F P L A N & B L D G . S E C T I O N S A1 3 . 2 1/ 8 " = 1 ' - 0 " 6/29/2023 5:38:20 PM, 23-0629_DR Resubmittal 19 2 F F FF FF FF F F F MA I N S . O . G . GA R A G E P L A T E MA I N P L A T E 9'-1" 10'-1" 12'-1" F FR O N T E L E V A T I O N LO T 1 3 ( P L A N 4 ) MA I N S . O . G . EN T R Y / O F F I C E P L A T E 16'-1" ±25'-0" MAX. BLDG. HT. GA R A G E P L A T E MA I N P L A T E 12'-1" 2 1 6a 6d 6d 7 8a 8b 9b 9a LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . GA R A G E P L A T E MA I N P L A T E 10'-1" 9'-1" 10'-1" 10'-1" LE F T E L E V A T I O N LO T 1 3 ( P L A N 4 ) MA I N S . O . G . 35 ' - 0 " A B O V E F I N I S H E D GR A D E EN T R Y / O F F I C E P L A T E 12'-1" 16'-1" GA R A G E P L A T E 6a 6b 9a LO W E R S . O . G . LO W E R P L A T E MA I N S U B F L R . MA I N P L A T E 10'-1" 10'-1" 12'-1" RE A R E L E V A T I O N LO T 1 3 ( P L A N 4 ) MA I N S U B F L R . MA I N P L A T E 12'-1" LO W E R S . O . G . LO W E R P L A T E 10'-1" ±28'-6" MAX. BLDG. HT. F F F F F F F F F F F F F PR I M . B T H . P L A T E 6c 6c12 LO W E R S . O . G . LO W E R P L A T E MA I N S . O . G . EN T R Y / O F F I C E P L A T E GA R A G E P L A T E 10'-1" 10'-1" 12'-1" 12'-1" 16'-1" RI G H T E L E V A T I O N LO T 1 3 ( P L A N 4 ) MA I N S U B F L R . MA I N P L A T E 35 ' - 0 " A B O V E F I N I S H E D GR A D E MA I N P L A T E GA R A G E P L A T E F F F F 13 F F MA T E R I A L S P E C I F I C A T I O N S 1 C O M P O S I T E S H I N G L E R O O F 4 N O T U S E D 6b FI B E R G L A S S M A N . D O O R 7 AN D E R S E N 4 0 0 S E R I E S WO O D C L A D W I N D O W 9a ST U C C O O V E R F O A M T R I M 1 1 NO T U S E D 2 6 " H A L F - R O U N D G U T T E R 5 NO T U S E D 6c SL I D I N G G L A S S D O O R 8a ST U C C O 9b BR I C K T R I M 12 M E T A L R A I L I N G 3 NO T U S E D 6a FI B E R G L A S S F R O N T D O O R w/ S I D E L I T E S 6d RO L L - U P G A R A G E D O O R (O P T I O N A L G L A S S D O O R ) 8b AD H E R E D S T O N E 10 NO T U S E D 13 AC U N I T C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 SC A L E : LO T 1 3 ( P L A N 4 ) E X T E R I O R E L E V A T I O N S A1 3 . 3 1/ 8 " = 1 ' - 0 " 6/29/2023 5:38:30 PM, 23-0629_DR Resubmittal 19 3 SC A L E : LO T 1 3 ( P L A N 4 ) C O L O R S & M A T E R I A L S A1 3 . 4 1/ 8 " = 1 ' - 0 " C H U N T H A L E J O N E S A R C H I T E C T S 44 4 S p e a r S t r e e t , S u i t e 1 0 5 Sa n F r a n c i s c o , C A 9 4 1 0 5 ww w . h u n t h a l e j o n e s . c o m t. 4 1 5 - 5 1 2 - 1 3 0 0 f. 4 1 5 - 2 8 8 - 0 2 8 8 DA T E : PR O J E C T : JB T P R O P E R T Y M A N A G E M E N T C O M P A N Y , I N C . CA M I N O P A B L O MO R A G A , C A 06 . 2 9 . 2 0 2 3 D R 45 6 0 0 1 . 0 0 WI N D O W S & D O O R S : MF R : A N D E R S E N 40 0 S E R I E S CO L O R : D A R K B R O N Z E ST U C C O : MF R : B E N J A M I N M O O R E CO L O R : W I C K M A N G R A Y HC - 1 7 1 TR I M S , G U T T E R S & E A V E S : MF R : B E N J A M I N M O O R E CO L O R : V A N B U R E N B R O W N HC - 7 0 GA R A G E D O O R S : MF R : B E N J A M I N M O O R E CO L O R : V A N B U R E N B R O W N HC - 7 0 RO O F : MF R : C E R T A I N T E E D LA N D M A R K S E R I E S CO L O R : W E A T H E R E D W O O D MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : R O U G H C U T A U T U M N L E A F w/ O V E R G R O U T MA S O N R Y : MF R : E L D O R A D O S T O N E SP E C : A S H L A N D T U N D R A B R I C K 6/29/2023 5:38:38 PM, 23-0629_DR Resubmittal 19 4 Page 1 of 100 CEQA ENVIRONMENTAL CHECKLIST FORM 1. Project Title:Camino Pablo Single-Family Residential Subdivision, Rezone, General Plan Amendment, and Development Plan County File CDSD23-09646, CDRZ23-03270, CDGP21- 00004, & CDDP23-03012 2. Lead Agency Name and Address: Contra Costa County Department of Conservation and Development 30 Muir Rd. Martinez,CA 94553 3. Contact Person and Phone Number: Adrian Veliz, Senior Planner (925) 655-2879 adrian.veliz@dcd.cccounty.us 4. Project Location:0 Camino Pablo (immediately east of Tharp Avenue intersection), Moraga, CA 94556 APN: 258-290-029 5. Project Sponsor's Name and Address: Dk Engineering – Benoit McVeigh 1931 San Miguel Drive Walnut Creek,CA 94596 6. General Plan Designation:Agricultural Lands (AL) 7. Zoning:General Agricultural District (A-2) 8. Description of Project: The Camino Pablo Single-Family Residential Subdivision, Rezone, General Plan Amendment, and Development Plan project includes Major Subdivision application CDSD23-09646. Rezone application CDRZ23-03270, General Plan Amendment application CDGP21-00004, and Development Plan application CDDP23-03012, to allow development of the southern 7.9 acres of the 23.9-acre project site consisting of a residential subdivision of 13 single-family residences with attached accessory dwelling units (ADUs) incorporated into 11 of the residences. The remaining northern 16.0 acres of the site would remain as agricultural open space. The project site is a legal lot in the AL Agricultural Lands, General Plan land use designation. The applicant has submitted a Major Subdivision application to create an 18-lot subdivision as shown below, including 13 residential lots (Parcels 1 through 13), open space Parcel A, landscape Parcels B and C, and street Parcels D and E. Parcels 1 through 13 and Parcels B through E encompass the proposed residential development on the southern portion of the site. Parcel A is the northern 16,0 acres of the site that would remain as open space. As part of the project, Parcel A would be redesignated from its present AL General Plan designation, to a Resource Conservation (RC) designation and this portion of the property would be deed restricted to prevent future urban development thereon. To allow the Major Subdivision to proceed the applicant requests a General Plan Amendment to redesignate the southern 7.9 acres as Residential–Low Density (RL) to allow the development o f 13 single-family residences on this portion of the site. The applicant also requests that the County 195 Page 2 of 100 Rezone the southern 7.9-acre portion of the project site from the A-2 General Agricultural District to a P-1 Planned Unit District and has submitted a Development Plan application for the P-1 District to allow development of 13 one- and two-story detached single-family residences on individual lots. The lots would range in size from 15,368 square feet to 27,827 square feet, with an average lot size of approximately 19,969 square feet. Attached ADUs would be included in 11 of the homes, while Parcels 7 and 8 would not include an ADU. The 7.9-acre southern portion would have a net development area of 6.65 acres (without street Parcels D and E) with a resultant net density of 1.95 residential units per acre, which would be within the 1-to-3 dwelling units per net acre density range that is permissible within the RL General Plan land use designation. Parcel Land Use Size (Sq. Ft.) (Acres) 1 Residential 21,352.00 0.49 2 Residential 20,234.00 0.46 3 Residential 18,516.00 0.43 4 Residential 18,276.00 0.42 5 Residential 17,064.00 0.39 6 Residential 19,247.00 0.44 7 Residential 22,039.00 0.51 8 Residential 16,448.00 0.38 9 Residential 27,827.00 0.64 10 Residential 27,090.00 0.62 11 Residential 19,281.00 0.44 12 Residential 15,368.00 0.35 13 Residential 16,861.00 0.39 A Open Space 697,036.00 16.00 B Landscaping 6,948.00 0.16 C Landscaping 22,916.00 0.53 D Street 44,431.00 1.02 E Right-of-Way 10,454.00 0.24 Total 1,041,388.00 23.91 The applicant expects project construction phase to last a total of 32 months, including 14 months for grading, infrastructure installation, and building pads, and 18 months for construction of the proposed homes. The 13 residential lots would have access onto Camino Pablo via a new access road terminating in a cul-de-sac. The cul-de-sac would have a sidewalk on the north/east side. The opposite side of the cul-de-sac would be lined with several stormwater bioretention and filtration planter strips. The cul-de-sac would form the fourth leg of the Camino Pablo / Tharp Drive intersection. Tharp Dive is a two-lane residential collector street that intersects with Camino Pablo and a number o f local residential streets. Camino Pablo is a two-lane arterial street that travels northwest from the Camino Pablo / Tharp Drive intersection to connects to Canyon Road – Moraga Road, which is a two – to four-lane County-designated arterial road. The project would utilize existing sewer main and water line infrastructure located within the Camino Pablo right-of-way maintained by the Central Contra Costa Sanitary District (CCCSD) and East Bay Municipal Utility District respectively. The project would be required to apply to the Local Agency Formation Commission (LAFCO), and obtain approvals necessary for annexation into the CCCSD and EBMUD districts before service ma y be provided. 1 196 Page 3 of 100 The residential lots would comprise 5.95 acres of the 7.9-acre gross development area, with the remaining acreage dedicated to the street right-of-way (1.26 acres) and common area landscaping (0.69 acres). The residential lots would have minimum 20-foot front yard setbacks, 15-foot rear yard setbacks, 10-foot side yard setbacks, and a minimum 25 feet aggregate side yard setback. The common area landscaping would provide visual buffers that would separate the homes from Camino Pablo. Parcel D would be the cul-de-sac, which would be dedicated to Contra Costa County. Parcel E consists of a 0.24-acre area adjacent to Camino Pablo, which would be dedicated to the Town of Moraga. The location of the proposed homes on the southern portion of the site would preserve the higher elevations of the site and thereby would preserve the visually prominent hillside in the northern and eastern portions of the site and adjoining agricultural open space land to the east. Residential development would retain the natural features of the land to the extent feasible and most of the homes would be developed on split pads, thereby stepping the homes up or down the hillside, depending on their orientation. The homes have been horizontally massed to minimize view obstruction. The homes would be custom homes, each having a unique design, but all homes would be in a “Transitional” style of architecture that blends traditional forms, materials, and colors with modern exterior and interior elements. The residences would be designed to be energy efficient and constructed to meet the stringent fire resistance requirements for development in a Wildland/Urban Interface Zone. Most of the homes would have two stories, while the homes on the southernmost lots (Parcels 7 and 8) would be one story. The homes would range in size from 3,463 square feet to 4,474 square feet, not including garages or porches. The ADUs would include all one-bedroom units with separate kitchen/living/dining areas, ranging in size from 920 square feet to 1,117 square feet. The onsite hillside contours that characterize the local topography would be retained. Project grading would extend onto the adjoining property to the east and would slightly lower this hillside crest running along and outside the east side of the project parcel from approximately 705 feet to 702 feet. To stabilize the site, slide conditions that affect the southern portion of the site would be repaired. Although grading would entail cuts and fills totaling 59,600 cubic yards of soil, grading would be balanced on site, requiring no import or export of fill. A 4-foothigh retaining wall would extend along the rear of the easternmost lots (Parcels 1 through 5). Additional retaining walls would be placed on some of the individual lots in order to accommodate the homes and yards. Retaining walls would also be placed on the west side of the project site. Exposed retaining walls would be landscaped with a variety of ornamental trees, shrubs, and grasses that are intended to obscure the walls upon maturity. The project includes a connection to an existing storm drain system that currently collects runoff from the site and directs stormwater flow to Moraga Creek. The stormwater runoff from the site would be treated by bioretention basins and discharged into the proposed onsite storm drain system prior to entering the existing storm drain system. Parcel A would continue to discharge into an existing v-ditch, located adjacent to Camino Pablo that ties into the existing storm drain system. As part of the project, Camino Pablo would be widened from Tharp Drive south to the southern end of the project site frontage. The existing right-of-way, which varies between roughly 46 feet and 59 feet, would be expanded to a 68-foot right-of-way. The existing 28-foot-wide roadway would be expanded to 36 feet and would include a curb and gutter on both sides. The existing curb and gutter on the west side of Camino Pablo would remain, while the existing 8-foot-wide sidewalk extending along the project site frontage would be replaced with a new, slightly 197 Page 4 of 100 relocated 8-foot-wide sidewalk. The property owner intends to dedicate the additional right-of- way to the Town of Moraga. 9. Surrounding Land Uses and Setting: The 23.9-acre project site is located on the east side of Camino Pablo and Sanders Ranch Road on agricultural land adjacent to suburban residential development to the south, west, and north. The Town of Moraga is west and north of Camino Pablo and Sanders Ranch Road. Immediately south of the project site is the Sky View Court subdivision in unincorporated Contra Costa County consisting of 15 single-family residences. Rancho Laguna Park, a Town of Moraga Park, is south of Sky View Court. Land further south and to the east is agricultural land in the A-2 General Agricultural District. The project site is an undeveloped west-facing hillside that has been used for cattle grazing. There are no structures on the site. The site is characterized by undulating hillsides and knolls. Elevations range from about 554 feet on the southwestern edge of the site to about 742 feet on the eastern boundary. Existing slopes on the site are steep, in excess of 45-percent gradient in some locations. A ridge runs along the east side of the project site and separates the site from an adjoining cattle ranch. 10.Other public agencies whose approval may be required (e.g., permits, financing, approval, or participation agreement: Department of Conservation and Development, Building Inspection Division Public Works Department Moraga Orinda Fire District Contra Costa Local Agency Formation Commission Town of Moraga Central Contra Costa Sanitary District East Bay Municipal Utility District 11.Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? In accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to Request Consultation was sent on February 6, 2024, to the Confederated Villages of Lisjan Nation and the Wilton Rancheria, the California Native American tribes that have requested notification of proposed projects within unincorporated Contra Costa County. Pursuant to section 21080.3.1(d), there is a 30-day time period for the Wilton Rancheria and/or the Villages of Lisjan Nation to either request or decline consultation in writing for this project. To date, no response has been received from either the Confederated Villages of Lisjan Nation or the Wilton Rancheria. 198 Page 5 of 100 Previously, the Wilton Rancheria had requested consultation in response to a Notice of Opportunity for a different project that led to a meeting between staff and a representative of the Wilton Rancheria. At that meeting, a tentative agreement was reached between staff and the Wilton Rancheria that the Native American tribe will be notified of any discovery of cultural resources or human remains on a project site. Subsequently, the Native American Heritage Commission (NAHC) requested that pursuant to State law, the NAHC shall be notified of any discovery of human remains rather than the Native American tribe. Standard Contra Costa County Department of Conservation and Development, Community Development Division (CDD) Conditions of Approval – see Conditions of Approval Cultural Resources 1 and Cultural Resources 2 in Environmental Checklist Section 5 (Cultural Resources) – provide for notice to the California Native American tribes of any discovery of cultural resources and notice to the NAHC of any discovery of human remains on the site. Any future construction activity on the project site would be subject to CDD Conditions of Approval Cultural Resources 1 and Cultural Resources 2. 199 7 5 8 9 4 6 10 11 2 1 PARCEL A 13 12 3 STREETPARCELD LANDSCAPE PARCEL B LANDSCAPE PARCEL C STREET PARCEL E Si t e P l a n Fi g u r e PD -1 20 0 STMARYS RDMORA G A W A Y RH E E M B L V D MO R A G A R D CA N Y O N R D CAMINO PABLO Rancho Laguna Park CONTRA COSTA CO ALAMEDA CO Upper San Leandro Reservoir Redwood Regional Park Anthony Chabot Regional Park MORAGA ORINDA LAFAYETTE PROJECT SITE MORAGA LAFAYETTE WALNUT CREEK PLEASANT HILL CONCORDSAN PABLO SAN FRANCISCO ALBANY EL CERRITO RICHMOND PINOLE ALAMEDA HERCULES ORINDA MARTINEZ BENICIAVALLEJO 185 13 123 24 29 980 80 880 280 580 680 780 242 580 PROJECT SITE BERKELEY EMERYVILLE PIEDMONT OAKLAND Figure PD-2 Project Location 1 MILE 0 Source: Douglas Herring & Associates, 2024. 201 Figure PD-3 Project Vicinity Source: Douglas Herring & Associates, 2024. Camino Pablo Sa nd e rsRan c hRd Shue y D r Lar c h A v e Moraga Creek Stonefield Pl Millfield Pl Tharp Dr PROJECT SITE 0 400 Feet 202 Page 6 of 100 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Services Systems Wildfire Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Adrian Veliz Date Senior Planner Contra Costa County Department of Conservation & Development 10/15/2025 203 ENVIRONMENTAL CHECKLIST Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 7 1.AESTHETICS –Except as provided in Public Resources Code Section 21099,would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a state scenic highway? c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? SUMMARY: a)Less Than Significant Impact: Figure 9-1 (Scenic Ridges & Waterways) of the General Plan Open Space Element identifies the major scenic resources in the County including scenic ridgeways east and southeast of the project site. Beginning at the project site and extending north and east, a series of large hillsides rises up from the Moraga valley floor, reaching elevations of over 1,000 feet in the site vicinity. These nearby hillsides block most views of the distant scenic ridgeways from available views west of Camino Pablo although views of the ridgeways to the southwest and limited views of distant ridgeways are available at the gap in the hillside in the vicinity of the intersection of Camino Pablo and Tharp Drive. Based on the applicant’s photo- simulations of the project, when viewing the project from the intersection of Camino Pablo and Tharp Drive, project development would obscure the limited views of the ridgeways at the hillside gap; however, unobscured views of the ridgeways to the southwest would remain. Since the more significant views of the distant ridgelines would remain, the project would have less than significant impacts on a scenic vista. b)No Impact: Figure 5-4 (Scenic Routes Map) of the General Plan Transportation and Circulation Element identifies State-designated scenic highways and scenic routes in Contra Costa County. As indicated on Figure 5-4, there are no scenic highways or scenic routes in the vicinity of the project site. Additionally, there are no existing buildings, trees, or rock outcroppings on the project site. Therefore, the project would have no impact on such scenic resources in the County. c)Less Than Significant Impact: As described in Environmental Checklist Section 1.a above, a series of large hillsides on the project site and extending beyond the site to the north and east rises 204 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 8 of 100 up from the Moraga valley floor, reaching elevations of over 1,000 feet in the site vicinity Due to these heights, there are expansive views of the upper hillsides. The project would alter existing views of the hillsides starting east of the intersection of Camino Pablo and Tharp Drive and extending southward to the existing site to Sky View Court. Offsite views of this southern portion of the project site, which comprises roughly 7.9 acres of the 23.9- acre site, currently consist of embankments covered by weedy grasses and areas of disturbed soil. The project would develop the lower elevations of the hillsides at this southern portion of the project site with residences on 13 lots with articulated massing that follow the contours of the onsite terrain contours. where the site elevation is lower, which serves to limit the visual impact of the development. Views of the hillsides above the residential development would remain. For example, roughly 40 feet of undeveloped hillside would rise directly behind the future residence on Lot 6, and about 75 feet of hillside would rise behind the residences on Lots 4 and 5. The residential lots and the two landscape parcels would be landscaped with ornamental trees and other landscaping consistent and compatible with that in the adjoining residential neighborhoods. The northern portion of the project site, which comprises 16 acres of the 23.9-acre site, would remain as open space, including the upper hillsides that are most visible from offsite locations. The proposed development, including the new residences and associated landscaping on the southern portion of the project site, would be similar to and consistent with existing development in Moraga west of Camino Pablo, and with the Sky View Court subdivision to the south. Accordingly, the project’s impact on the overall aesthetic quality of the project vicinity is less than significant. d)Less Than Significant Impact: After construction, the 13 new single-family residences will introduce more light and glare in the area which may change the existing character of the area. Daytime views would be similar to views of existing residences on the west side of Camino Pablo and in the Sky View Court subdivision. Lighting of the homes, including yard and exterior house lights, and streetlights on the new cul-de-sac may affect nighttime views; however, the lighting would be similar to that of existing residential neighborhoods in Moraga west of Camino Pablo and in the Sky View Court subdivision. Accordingly, the impact on nighttime views would be less than significant. Sources of Information: •Contra Costa County 2005-2020 General Plan. •https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap- liv-i-scenic-highways, accessed June 7, 2024. •DK Engineering, 2023.Vesting Tentative Map, Subdivision 9646 Camino Pablo. 205 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 9 of 100 •Douglas Herring & Associates, 2024.Camino Pablo Subdivision Initial Study and Mitigated Negative Declaration, Administrative Draft. 2.AGRICULTURAL AND FOREST RESOURCES –Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? a) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use? SUMMARY: a)No Impact: According to the Contra Costa County Important Farmland 2020 map, published by the California Department of Conservation, the project site and its immediate surroundings consist of “Grazing Land”. Given the lack of prime farmland, unique farmland, or farmland of statewide importance in the project vicinity, there is no potential for the project to result in impacts converting such lands to non-agricultural use. Therefore, the project would have no impact on such farmland. b)Less Than Significant Impact: The project site is not under the existing Williamson Act contract. The site is in the A-2 General Agricultural District within the AL Agricultural Lands General Plan land use designation. Although single-family residential development is permitted on land in the A-2 District, the project proposes residential development on the 7.9-acre southern portion of the site at a density exceeding that permitted in the district. Thus, the proposed residential development is in conflict with the regulations of the A-2 District. Accordingly, the project includes Rezoning application to change the zoning of the 7.9-acre portion from the A-2 District to a Planned Unit (P-1) District and a General Plan Amendment (GPA) to redesignate the 7.9-acre portion from the current AL General Plan land use designation to the SL Single-Family Residential – Low Density designation. Final approval of the proposed project will be contingent upon Board of Supervisors approval of the proposed GPA and adoption of the Rezoning ordinance for the 7.9-acre southern portion of the site. The potential conflict with the A-2 District for the 206 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 10 of 100 residential component of the project would be addressed by the GPA and Rezoning actions by the County Board of Supervisors, and the project would have a less than significant impact due to a conflict with agricultural zoning. c)No Impact: The project site is in the A-2 General Agricultural District. The immediate vicinity consists of lands having identical agricultural zoning, or within a single-family residential zoning district. The project site is not considered forest land as defined by California Public Resources Code Section 12220 (g) or timberland as defined by California Public Resources Code Section 4526. Therefore, the project would have no impact on forest land or timber land. d)No Impact: As discussed above, there are no forest lands on or near the project site. e)Less Than Significant With Mitigation: The proposed project is the subdivision of the southern 7.9-acre portion of the 23.9-acre project site, and the subsequent construction of 13 single-family residences and 11 attached ADUs. Thus, the 7.9 acre portion would be converted from agricultural use to a non-agricultural use with the GPA and Rezoning applications. Contra Costa County adheres to a 65/35 Land Preservation Standard, which is a fundamental component of Measure C and Measure L, approved by Contra Costa County voters in 1990 and 2006 respectively. As described in the General Plan Land Use Element, the Land Preservation Standard limits urban development Countywide to no more than 35% of the land in the County, with the other 65% of all land in the County to be preserved for agriculture, open space, wetlands, parks, and other non- urban uses. This includes land in both incorporated cities/towns, as well as unincorporated areas of the County. Thus, Contra Costa County and other jurisdictions within the County must work cooperatively to limit the conversion of such lands, thereby ensuring that a minimum total of 60,000 acres of lands within the Urban Limit Line (ULL) remain under non-urban land use designations. The General Plan Land Use Element emphasizes the interrelationship between the Urban Limit Line (ULL), the 65/35 Land Preservation Standard, and land use designations identified in the General Plan. According to General Plan Table 3-3, the initial ULL encompassed approximately 45.5 percent of the total County land area by acreage. As of 2023, approximately 28% of the total countywide land area has been designated for urban uses. Thus, the proposed GPA to convert the 7.9-acre southern portion of the site from agricultural use to residential development poses no immediate threat to the County’s compliance with the 65/35 Standard. However, approval of the project may induce further development pressure on nearby agricultural lands also located within the ULL, including the remaining 16 acres of the project site as well as the +16-acre remnants of the Carr Ranch property immediately east of the project site. The northern 16-acre portion of the project site offers direct contiguity with the 604- acre Carr Ranch protected watershed, that was recently acquired by the John Muir Land Trust and deeded to the East Bay Municipal Utility District for watershed management. 207 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 11 of 100 As demonstrated in Table 3-3 above, in order to maintain compliance with the 65/35 Standard, substantial acreage within the ULL will be required to remain in non-urban use. Properties inside the ULL are governed by their General Plan land use designations. The fact that a property is located within the ULL does not guarantee or imply that it may be developed. Given the need to maintain substantial acreage of lands for non-urban use, the General Plan amendment component of the proposed project raises concerns from a public policy standpoint as it pertains to growth management and the long-term preservation of open space within the County. Therefore,the redesignation of agricultural lands located within the ULL to allow for urban development is considered a potentially significant adverse environmental impact affecting the County’s ability to maintain the 65/35 Land Preservation Standard. Consequently, the applicant is required to implement the following mitigation measure. Agricultural Resources 1: A restricted development/scenic easement for the subdivision shall be established over the 16-acre open space Parcel A of the Vesting Tentative Map, requiring its preservation in perpetuity as open space. This will substantially limit the extent to which future conversion of agricultural lands could occur in the vicinity by providing permanent protection of open space land that comprises roughly 65% of the project site. Implementation of this mitigation measure would reduce the impact on the conversion of agricultural land to non-agricultural use to a less than significant level. Sources of Information 208 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 12 of 100 •California Department of Conservation, Division of Land Resource Protection, 2024.Contra Costa County Important Farmland 2020. •Contra Costa County General Plan, 2005-2020. •Contra Costa County Ordinance Code, Title 8. Zoning Ordinance. •Douglas Herring & Associates, 2024.Camino Pablo Subdivision Initial Study and Mitigated Negative Declaration, Administrative Draft. 3.AIR QUALITY – Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? SUMMARY: a)Less Than Significant with Mitigation: The project site is within the San Francisco Bay Air Basin, which is regulated by the Bay Area Air Quality Management District (BAAQMD) pursuant to the Bay Area 2017 Clean Air Plan (CAP). The CAP serves as the regional Air Quality Plan for the Air Basin for attaining National Ambient Air Quality Standards (NAAQS) established by the United States Environmental Protection Agency (EPA). The EPA has established NAAQS for six of the most common air pollutants—carbon monoxide, lead, ground level ozone, particulate matter, nitrogen dioxide, and sulfur dioxide—known as “criteria pollutants”. The Air Basin is designated as nonattainment for State standards for 1-hour and 8-hour ozone, 24-hour respirable particulate matter 10 micrometers or less in diameter (PM10), annual PM10, and annual particulate matter 2.5 micrometers or less in diameter (PM2.5). The primary goals of the CAP are to protect public health and protect the climate. The CAP identifies a wide range of control measures intended to decrease both criteria pollutants and greenhouse gas (GHG) emissions. The BAAQMD does not provide a numerical threshold of significance for project-level consistency analysis with the CAP. A measure for determining whether the proposed project supports the primary goals of the CAP is if the project would not result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the air quality plans. This measure is determined by comparing project emissions to the significance thresholds identified by the BAAQMD for construction- and 209 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 13 of 100 operation-related pollutants. These significance thresholds are discussed in Environmental Checklist Section 3.b below. As discussed in Environmental Checklist Section 3.b,if emissions control measures are not implemented, fugitive dust could be significant during grading and other earthwork on the project site, resulting in a potentially significant adverse environmental impact. Consequently, the applicant is required to implement mitigation measures Air Quality 1. Implementation of the Air Quality 1 would reduce the impact of fugitive dust during project construction to a less than significant level. b)Less Than Significant with Mitigation: This cumulative analysis focuses on whether the proposed project would result in cumulatively considerable emissions. The determination of cumulative air quality impacts for construction and operational emissions is based on whether the project would result in regional emissions that exceed the BAAQMD regional thresholds of significance for construction and operations on a project level. The thresholds of significance represent the allowable amount of emissions each project can generate without generating a cumulatively considerable contribution to regional air quality impacts. Therefore, a project that would not exceed the BAAQMD thresholds of significance on the project level also would not be considered to result in a cumulatively considerable contribution to these regional air quality impacts. The BAAQMD 2023 CEQA Guidelines include screening criteria for purposes of identifying development projects for potentially significant air quality impacts. If a project does not exceed the screening criteria size it is generally expected to result in less than significant impacts relating to criteria air pollutants and precursors, absent exclusionary conditions. The BAAQMD screening criteria for the proposed use (single-family residential) are presented in the table below: Land Use Type Operational Criteria Pollutant Screening Size Construction-Related Screening Size Single-Family Residential 421 dwelling units 254 dwelling units As shown in the table above, the project represents a marginal percentage of the screening threshold. While nature and scale of the project are such that significant air quality impacts are generally not expected based on the BAAQMD screening criteria, the project involves extensive grading (+59,600 cubic yards (CY)), which warrants further air quality analysis. Based on quantified modeling of the project performed by RCH Group (Moraga Camino Pablo Residential Project Air Quality, Greenhouse Gas, and Health Risk Assessment Technical Report,July 19, 2024), the estimated resulting from the construction and operational phases of the project would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non-attainment under the CAP, as detailed further below. 210 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 14 of 100 Criteria air quality pollutants analyzed in the report include carbon monoxide (CO), reactive organic gases (ROG), nitrogen oxides (NOx), particulate matter equal to or less than 10 micrometers in diameter (coarse particulates or PM10), and particulate matter equal to or less than 2.5 micrometers in diameter (fine particulates or PM2.5). Volatile organic compounds (VOCs) were also analyzed. Diesel particulate matter (DPM) is also a concern with regard to health risk. Construction Emissions The construction phase of the project is anticipated to take approximately 32 months, during which construction equipment in use on site would produce exhaust, potentially increasing criteria pollutant concentrations in the surrounding area. The RCH Air Quality Report includes modeling of the project to evaluate intermittent (short-term) construction emissions that occur from activities, such as site-grading, paving, and building construction using CalEEMod, Version 2022.1. The estimated short-term construction emissions attributable to the project are presented in the table below in comparison to the BAAQMD’s significance thresholds for construction exhaust emissions. TABLE AQ-1: Estimated Daily Construction Emissions (lbs/day) Emission Source ROG NOX PM10 PM2.5 CO Unmitigated Project 2.59 12.9 0.5 0.45 15.0 Mitigated Project 1.62 3.66 0.08 0.08 15.8 Significance Thresholds 54 54 82 54 -- As shown in Table AQ-1 above, the estimated project emissions would fall well below applicable significance thresholds for all criteria air pollutants. Therefore, the construction phase of the project would result in less than significant impacts resulting in a net increase for any criteria air pollutants. Table AQ-1 also includes estimated construction emissions for the project after implementing mitigation measures discussed below. With respect to the estimated project emissions of fugitive dust (PM10 and PM2.5) shown in Table AQ-1, the BAAQMD does not recommend a numerical threshold for fugitive dust particulate matter emissions. Instead, the BAAQMD bases the determination of significance for fugitive dust on considering the control measures to be implemented. If all appropriate emissions control measures are implemented for a project as recommended by the BAAQMD, then fugitive dust emissions during construction are not considered significant. However,if emissions control measures are not implemented, fugitive dust could be significant during grading and other earthwork on the project site, resulting in a potentially significant adverse environmental impact.Consequently, the applicant is required to implement the following mitigation measures. 211 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 15 of 100 Air Quality 1:The following dust control measures, as recommended by the Bay Area Air Quality Management District (BAAQMD), shall be included on the construction drawings for the proposed project and implemented during construction: •All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least two times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces. •All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard. •All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. •All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. •All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. •All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph. •All truck equipment, including their tires, shall be washed off prior to leaving the site. •Unpaved roads providing access to sites located 100 feet of further from a paved road shall be treated with a 6- to 12-inch layer of compacted wood chips, mulch or gravel. •The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The County and the construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Implementation of the Air Quality 1 mitigation measures would reduce the impact of fugitive dust during project construction to a less than significant level. Operational Emissions The RCH Air Quality Report includes an estimate for operational emissions expected from the future habitation of the single-family residential development project. The estimates are based on CalEEMod and include emissions associated with motor vehicle use, space and water heating, and landscape maintenance emissions. The CalEEMod estimates for daily and annual operational emissions are shown in Tables AQ-2 and AQ-3, for which the project is below all applicable Type text here 212 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 16 of 100 significance thresholds. Therefore, the operational phase of the project will have less than significant impact resulting in an increase in concentration for any criteria air pollutant. TABLE AQ-2: Estimated Daily Operational Emissions (lbs/day) Condition ROG NOX PM10 PM2.5 CO Project (Summer)2.29 0.52 1.42 0.37 6.64 Project (Winter)2.19 0.6 1.42 0.37 5.36 Project (Maximum)2.29 0.6 1.42 0.37 6.64 Significance Thresholds 54 54 82 54 -- TABLE AQ-3: Estimated Annual Operational Emissions (tons) ROG NOX PM10 PM2.5 CO Total Proposed Project 0.40 0.10 0.25 0.07 0.99 Significance Thresholds 10 10 15 10 -- c)Less Than Significant with Mitigation: The BAAQMD defines a sensitive receptor as the following: “Facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples include schools, hospitals, and residential areas.” As specified by the BAAQMD, health risk and hazard impacts should be analyzed for sensitive receptors within a 1,000-foot radius of the project site. Future habitation of single-family dwellings is not typically associated with the generation of criteria pollutants in any significant quantity. However, if approved, the construction phase of the project would involve extensive site grading activities, necessitating the use of heavy diesel- powered equipment. BAAQMD CEQA Guidelines state that 85% of the inhalation cancer risk from toxic air contaminants (TACs) is from diesel engine emissions. The RCH Air Quality Report includes a Health Risk Assessment (HRA) to evaluate the project’s potential to produce emissions adversely affecting the health of nearby sensitive receptors. The HRA analyzes the incremental cancer risk to sensitive receptors in the project vicinity using emission rates (in lbs per hour) derived from the CalEEMod emissions model in order to provide a worst-case estimate of the increased exposure resulting from the project. The modeling data is used to characterize risk associated with the project in terms of the lifetime probability of developing cancer from exposure to exhaust emissions expressed as the chance in one million of getting cancer (i.e. number of cases among one million people exposed). According to modeling estimates, the operational phase of the project would not result in significant impacts to nearby sensitive receptors. For the construction phase of the project, it is expected that the maximum health impacts from the project would occur immediately south of the project, along Skyview Court, would result in a cancer risk of 20 per million for a residential child receptor (absent mitigation), where the Type text here 213 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 17 of 100 threshold of significance is 10 per million. The project would not exceed any other thresholds of significance.As discussed in Environmental Checklist Section 3.b, absent mitigation, could present elevated risk to child receptors. Therefore, the applicant is required to implement mitigation measure Air Quality 1 to reduce such impacts to less than significant levels. Implementation of the Air Quality 1 mitigation measures would reduce the health risk to child receptors due to fugitive dust during project construction and fugitive dust by 50 to 90 percent. In addition, implementation of BAAQMD construction Best Management Practices could further reduce exhaust emissions by 5 percent. Thus, in addition to Air Quality 1, the applicant is required to implement the following mitigation measures. Air Quality 2:The following emissions measures, as recommended by the Bay Area Air Quality Management District (BAAQMD), shall be included on the construction drawings for the proposed project and implemented during construction: •Idling times shall be minimized either by shutting equipment off when not in use of reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. •All construction equipment shall be maintained and properly tuned in accordance with the manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. •The applicant shall require construction contractors to reduce construction related fugitive VOC emissions by ensuring that low-VOC coatings having a VOC content of 50 grams per liter or less are used during the coating of the buildings interiors and exterior surfaces. •All construction equipment larger than 50 horsepower used at the site for more than two continuous days or 20 hours total shall utilize diesel engines that are USEPA certified “Tier 4 final” emission standards for particulate matter and be equipped with CARB-certified Level 3 Diesel Particulate Filters. Prior to the CDD stamp approval of any construction plans for the issuance of demolition, construction, or grading permits, the construction contractor shall submit the specifications of the equipment to be used during construction to CDD staff. Implementation of the Air Quality 1 and Air Quality 2 mitigation measures would reduce the impact during project construction on sensitive receptors to a less than significant level. d)Less Than Significant Impact:As stated in the BAAQMD CEQA Guidelines, odors are generally regarded as an annoyance rather than a health hazard. The ability to detect odors varies considerably among the populations and is subjective. The BAAQMD does not have a recommended odor threshold for construction activities. However, the BAAQMD recommends 214 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 18 of 100 operational screening criteria that are based on the distance between receptors and types of sources known to generate odors. For projects within the screening distances, the BAAQMD has the following threshold for project operations: An odor source with five or more confirmed complaints per year averaged over 3 years is considered to have a significant impact on receptors within the screening distance shown in Table AQ-4 below. Two circumstances have the potential to cause odor impacts: 1. A source of odors is proposed to be located near existing or planned sensitive receptors, or 2. A sensitive receptor land use is proposed near an existing or planned source of odor. Projects that would site an odor source or a receptor farther than the applicable screening distance, shown in Table AQ-4 below, would not likely result in a significant odor impact. TABLE AQ-4: Odor Screening Distances Land Use/Type of Operation Project Screening Distance Wastewater Treatment Plant 2 miles Wastewater Pumping Facilities 1 mile Sanitary Landfill 2 miles Transfer Station 1 mile Composting Facility 1 mile Petroleum Refinery 2 miles Asphalt Batch Plant 2 miles Chemical Manufacturing 2 miles Fiberglass Manufacturing 1 mile Painting/Coating Operations 1 mile Rendering Plant 2 miles Coffee Roaster 1 mile Food Processing Facility 1 mile Confined Animal Facility/Feed Lot/Dairy 1 mile Green Waste and Recycling Operations 1 mile Metal Smelting Plans 2 miles Source: Bay Area Air Quality Management District.,2012.CEQA Guidelines. Project Construction Diesel exhaust and ROGs would be emitted during construction of the project, which may be objectionable to some persons; however, emissions would disperse rapidly from the project site and would be short-term and intermittent in duration and frequency. Therefore, project 215 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 19 of 100 construction would not generate objectionable odors affecting a substantial number of people. As such, construction odor impacts would be less than significant. Project Operation Land uses typically associated with odors include wastewater treatment facilities, waste disposal facilities, agricultural operations, or other operations listed in Table AQ-4. The proposed residential project is not within the odor screening distances for a sewage treatment plant, refinery, or other odor producing sources. Therefore, odor impacts associated with the location of the proposed project would be less than significant. Sources of Information •Moraga Camino Pablo Residential Project Air Quality, Greenhouse Gas, and Health Risk Assessment Technical Report, by RCH Group, July 19, 2024 •Spare the Air, Cool the Climate, Final 2017 Clean Air Plan,Bay Area Air Quality Management District, April 19, 2017. •CEQA Air Quality Guidelines,Bay Area Air Quality Management District Updated April 20, 2022. 4.BIOLOGICAL RESOURCES –Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption,or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? 216 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 20 of 100 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SUMMARY: a)Less Than Significant with Mitigation: The project site was surveyed by various biological resources consulting firms in 2015, 2016, 2019, 2023, and 2024. In November 2023, Olberding Environmental, Inc. completed a biological resources assessment (BRA) for the proposed project including a field reconnaissance survey. In June 2024, Monk & Associates Environmental Consultants completed a peer review of the November 2023 Olberding BRA. In conducting its peer review, Monk completed a general field survey of the project site. The following discussion is based on the biological evaluations completed by Olberding and Monk. Existing Habitat The project site is dominated by non-native annual grassland vegetation, with a few small pockets of wetland areas, including two ephemeral drainages and two potential seasonal wetlands, as shown on Figure BIO-1. The first ephemeral drainage trends downward east to west and is located approximately 0.08 mile northeast of the Camino Pablo/Sanders Ranch Road intersection. The first potential seasonal wetland is located just south of this ephemeral drainage. The second ephemeral drainage also trends downward east to west and is located approximately 0.02 miles east of Camino Pablo near Millfield Place. The second potential seasonal wetland is located at the base of the second drainage along the Camino Pablo frontage. The wetland areas are discussed in more detail in Environmental Checklist Section 4-c. As characterized by Olberding, the non-native annual grasses and forbs on the project site are primarily composed of wild oats (Avena fatua), Mediterranean linseed (Bellardia trixago), bull thistle (Cirsium vulgare), filaree (Erodium spp.), creeping wildrye (Elymus triticoides), Italian rye grass (Festuca perennis), and lupine (Lupinus sp.). As disclosed in the Olberding BRA, there is one area on the site where bedrock has been exposed after heavy rain caused the topsoil to move downhill. Due to the size and limited amount of exposed bedrock, this area is not considered to be a separate habitat. Medium- to large-sized stands of native creeping wildrye are scattered throughout the grassland, and other native species found within this habitat include lupines. Although there are no suitable nesting trees within the site, there are several large trees and shrubs, including coast live oak (Quercus agrifolia), deodar cedar (Cedrus deodara), coyote brush (Baccharis pilularis), and 217 218 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 21 of 100 Himalayan blackberry (Rubus armeniacus), located offsite along the southern border of the property that overhang onto the site. The non-native annual grassland habitat, which comprises most of the 23.9-acre project site, is almost entirely void of shrubs, with the exception of one Chinese firethorn (Pyracantha crenatoserrata). The grassland vegetation throughout the property was fairly short at the time of the Olberding field survey in November 2023, likely due to long-term grazing associated with the project site’s use as cattle rangeland. Dominant grass and forb species observed in the grassland on the site during the June 2024 Monk field survey are non-native species including soft chess (Bromus hordeaceus), Mediterranean barley (Hordeum marinum ssp.gussoneanum), Italian rye grass (Festuca perennis), bristly ox-tongue (Helminthotheca echioides), slender wild oat (Avena barbata), and thistles (Cirsium vulgare and Carduus pycnocephalus ssp.pycnocephalus). Native species also occur in this plant community; however, their total percent cover is much lower than the non-native species. Native species found in non-native annual grasslands within the project site include beardless wildrye (Elymus triticoides) and bicolored lupine (Lupinus bicolor). The dominant plant species Monk observed onsite within each habitat type are consistent with those listed in the Olberding BRA. Due to the low height of existing onsite vegetation and the lack of trees and shrubs, there is no nesting habitat for most birds, including raptors; however, the annual grassland habitat provides limited foraging opportunities for avian species. Avian species observed during the November 2023 Olberding field survey include California scrub jay (Aphelocoma californica),turkey vulture (Cathartes aura), American crow (Corvus brachyrhynchos), common raven (Corvus corax), house finch (Haemorhous mexicanus),dark-eyed junco (Junco hyemalis),acorn woodpecker (Melanerpes formicivorus),yellow-rumped warbler (Setophaga coronata), great blue heron (Ardea Herodias), and white-crowned sparrow (Zonotrichia leucophrys). The red-tailed hawk (Buteo jamaicensis) was the only raptor species observed during the survey; however, the grassland habit could be utilized for foraging by other raptor species. Olberding identified eight bird species to have a moderate to high potential to utilize the site for foraging. The red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), American kestrel (Falco sparverius), and white-tailed kite (Elanus leucurus) have a high potential to occur in a foraging capacity. Cooper’s hawk (Accipiter cooperii), golden eagle (Aquila chrysaetos), American peregrine falcon (Falco peregrinus anatum), and loggerhead shrike (Lanius ludovicianus) have a moderate potential to forage on the site. Non-raptor species were also observed foraging throughout the grassland habitat during the survey including one great blue heron, two common ravens, and approximately 15 white crowned sparrows. Due to the lack of ground squirrel burrows on the site and no known occurrences of burrowing owl (Athene cunicularia) within a 5-mile radius of the site, this species is assumed unlikely to occur. 219 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 22 of 100 Although there are no suitable nesting trees on the project site, there are several large offsite trees adjacent to the southern border of the site that could be utilized as nesting sites, including deodar cedar, coast live oak, and several ornamental trees. Additionally, the coyote brush and Himalayan blackberry located offsite along the southern boundary offer potential nesting habitat for small passerine species. Olberding found two ephemeral drainages on the site. They trend from east to west across the property through heavily eroded gullies with incised channels. Both drainages empty into a network of concrete V-ditches located on the western site boundary that flow into an offsite storm drain system. The southernmost drainage flows westward from the center of the site and contains a single arroyo willow tree (Salix lasiolepis). The northern drainage also flows westward from the center of the site until it is interrupted by a concrete V-ditch. A potential seasonal wetland is located just south of this drainage that appears to be fed by a leaking pipe/seep. A second potential seasonal wetland is found at the base of the southern ephemeral drainage. Both potential wetlands contained saturated soils at the time of the Olberding field survey, which occurred following a rain storm. One of the potential wetland features contained small pools of water created by cattle hoof shear. contained saturated soils at the time of the survey. One of the potential wetland features contained small pools of water created by cattle hoof shear. The vegetation within these features was consistent with the surrounding grasslands, but several hydrophytic species such as toad rush (Juncus bufonicus) and curly dock (Rumex crispus) were also observed. Although no project-related disturbance is proposed in close proximity to these features, were such disturbance to occur, a jurisdictional delineation by the U. S. Army Corps of Engineers would be required. Based on the proposed grading plan, grading would not be expected to come within less than 50 feet of the southern potential seasonal wetland. Special Status Species Special-status species are plants and animals that are legally protected under the California and Federal Endangered Species Acts (CESA and FESA, respectively) or other regulations, and species that are considered rare by the scientific community (for example, the California Native Plant Society (CNPS)). Special-status plant species include species listed as Rare, Threatened, or Endangered by the U.S. Fish and Wildlife Service (USFWS) or by the California Department of Fish and Wildlife (CDFW). Federal Proposed and Candidate species are also considered special- status species. Special-status species also include species listed on List 1A, List 1B, or List 2 of the CNPS Inventory of Rare and Endangered Plants of California. All species in the above categories fall under State regulatory authority under the provisions of CEQA and may also fall under federal regulatory authority. Plant species included on List 3 (Plants About Which We Need More Information—A Review List) or List 4 (Plants of Limited Distribution—A Watch List) of the CNPS Inventory are also considered special-status species, but these species are considered to 220 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 23 of 100 be of lower sensitivity and generally do not fall under specific State or federal regulatory authority, and impacts on List 3 and List 4 species are not generally treated as significant effects requiring mitigation. If a proposed project may jeopardize a listed species, Section 7 of the federal Endangered Species Act (ESA) requires consideration of those species through formal consultations with the USFWS. Federal Proposed species are species for which a proposed listing as Threatened or Endangered under the ESA has been published in the Federal Register. If a proposed Property may jeopardize proposed species, Section 7 of the ESA affords consideration of those species through informal conferences with USFWS. Olberding reviewed CDFW’s California Natural Diversity Database (CNDDB) to identify recorded occurrences of special-status animal and plant species within 5 miles of the project site. Special-status species reports were accessed by searching the CNDDB database for the Las Trampas Ridge, Walnut Creek, Clayton, Diablo, Dublin, Hayward, San Leandro, Oakland East, and Briones Valley USGS 7.5-minute quadrangles which surround the project site. The CNDDB search results are mapped on Figures BIO-2 and BIO-3 for plant and wildlife species, respectively. Special Status Plants:The special-status plant species identified by the CNDDB as potentially occurring on the project site are known to grow only within specific habitat types. The specific habitats or “micro-climate” necessary for many of the plant species to occur are not found within the boundaries of the project site. The habitats necessary for the CNDDB reported plant species consist of valley and foothill grassland, cismontane woodlands, chaparral, playas, chenopod scrub, adobe clay soils, alkaline soils, serpentine soils, sandy soils, gravelly soils, coastal prairie, coastal scrub, coastal dunes, coastal bluff scrub, coastal salt marsh, vernal pools, seeps, meadows and sinks, marshes or swamps, riparian woodlands, on slopes near drainages, closed cone coniferous forest, north coast coniferous forest, redwood forest, lower montane coniferous forest, and broad- leafed upland forest. Although the CNDDB search identified many special-status plant species that occur in the region, only three species have the potential to occur on the project site, based on available habitat; the bent-flowered fiddleneck (Amsinckia lunaris), Mt. Diablo fairy lantern (Calochortus pulchellus), and diablo helianthella (Helianthella castanea). None of these species were identified on the site during the November 2023 Olberding field survey. Additionally, Monk did not observe any of these species during their June 2024 survey, which occurred during the blooming period (all three species bloom from April to June). Further, the disturbed nature of the onsite non-native annual grassland habitat due to heavy grazing likely discourages propagation of these species (or any rare plants). Based on the fact that these species have not been observed on site, it suggests that these species have a low potential to occur on the project site. The three special status plant species are discussed below. 221 222 223 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 24 of 100 •Bent-flowered fiddleneck is an annual of the family Boraginaceae. The inflorescence is spikelike and coiled at the tip with multiple small orange flowers. It is distributed throughout the inner north coast ranges of California, in the west Central Valley, and the San Francisco Bay Area at elevations ranging from 10 to 1,640 feet. Habitat consists of coastal bluff scrub, cismontane woodlands, and valley and foothill grasslands. The blooming period is between March and June. The closest known occurrence of this species was recorded in 2010 approximately 1 mile west of the project, near the Upper San Leandro Reservoir. Moderately suitable habitat for bent-flowered fiddleneck exists within the open grassland habitat of the project site. •Mount Diablo fairy-lantern is a spring-blooming perennial bulbiferous herb that is in flower between April and June. This species exhibits light yellow globe-shaped flowers that turn down as if nodding. The plant grows to approximately 18 inches tall and has between one to several flowers on the stem, with long, narrow, pointed leaves. This species is found among chaparral, cismontane woodland, riparian woodland, and valley and foothill grassland, and is found at elevations ranging from 100 to 2,755 feet. The closest recorded occurrence is more than 2.5 miles southeast of the project site, near San Leandro Reservoir. There is a moderate potential for this species to occur within the annual grassland habitat on the project site. •Diablo helianthella is a perennial herb that exhibits yellow sunflowers that bloom between March and June at elevations of 195 to 4,265 feet. The plant grows up to 2 feet in height, with simple broad leaves that are attached at the base of the stem. The Diablo helianthella usually grows in rocky soils among broad-leafed upland forest, chaparral, cismontane woodland, coastal Diablo helianthella within a 5-mile radius of the project site, with the closest occurring about 2 miles south of the site, east of Upper San Leandro Reservoir. There is a moderate potential for this species to occur in the annual grassland habitat on the project site, as well as within the small outcrop of rocks exposed after extensive rain events caused the soil to erode. scrub, riparian woodland, and valley and foothill grasslands. The CNDDB listed 21 occurrences of Diablo helianthella within a 5- mile radius of the project site, with the closest occurring about 2 miles south of the site, east of Upper San Leandro Reservoir. There is a moderate potential for this species to occur in the annual grassland habitat on the project site, as well as within the small outcrop of rocks exposed after extensive rain events caused the soil to erode. Although no special-status plant species were observed on the site during the Olberding field survey in November 2023 or the Monk survey in June 2024, as noted above, the project site provides potentially suitable habitat for bent-flowered fiddleneck, Mt. Diablo fairy lantern, and Diablo helianthella. Despite the low potential for the occurrence of these special status plant species on site, the presence cannot be definitively ruled out.If any of the special status plant species are present, construction activities could result in the loss of the special-status 224 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 25 of 100 species, resulting in a potentially significant adverse environmental impact.Consequently, the applicant is required to implement the following mitigation measures: Biological Resources 1:Prior to issuance of a grading permit, special-status plant surveys shall be conducted for the bent-flowered fiddleneck (Amsinckia lunaris), Mt. Diablo fairy lantern (Calochortus pulchellus), and Diablo helianthella (Helianthella castanea). The plant surveys shall be conducted during the March through June blooming period in which the species are most identifiable. These surveys shall be conducted in compliance with all survey guidelines published by the California Department of Fish and Wildlife (CDFW, 2018), U.S. Fish and Wildlife Service (USFWS, 2011), and California Native Plant Society (CNPS. 2001). If the survey finds any of the listed special-status plant species on the project site, the applicant shall consult with the USFWS and/or CDFW, as appropriate, to develop an approved mitigation plan to ensure that potential impacts to the identified species are less than significant. The applicant shall fully implement the mitigation plan prior to initiation of any project construction activity. Implementation of these mitigation measures would reduce construction period impacts on special-status plant species to a less than significant level. Special Status Wildlife:The special-status wildlife species—including birds, amphibians, reptiles, insects, fish, and mammals—identified by the CNDDB as potentially occurring on the project site are associated with one or more of the three habitat types occurring on the site: non- native annual grassland, potential seasonal wetland, and ephemeral drainage. Birds:Olberding identified the following special-status bird species that have potential for occurring on the project site. •Golden Eagle is a raptor protected by the Migratory Bird Treaty Act as well as the 1940 Bald and Golden Eagle Protection Act. Under the Bald and Golden Eagle Protection Act, it is a violation to “...take, possess, sell, purchase, or barter, offer to sell, transport, export or import, at any time or in any manner, any bald eagle commonly known as the American eagle, golden eagle, alive or dead, or any part, nest, or egg thereof...” Take is defined to include pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, and disturb. Golden eagles have dark brown plumage overall, with some white at the base of the tail, and golden-to-blonde feathers on the nape of the neck. The bill and talons are black and the cere (soft membrane that covers the nostrils) and feet are yellow. Immature birds have a broad, white tail band with a black edge and large white patches on the undersides of the wings at the base of the primary feathers. Adult males weigh 9 pounds, while adult 225 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 26 of 100 females weigh 12.5 pounds. Masters of soaring, golden eagles can reach speeds up to 200 miles per hour (mph) with their 6.5- to 7.5-foot wingspans. The golden eagle is typically found in grasslands, intermittent forested habitat, woodland brushlands, arid deserts, and canyonlands. They are often found in open country in the vicinity of hills, cliffs, and bluffs. Golden Eagles nest in high densities in open and semi- open habitat but also may nest at lower densities in coniferous habitat when open space is available, (e.g. fire breaks, clear-cuts, burned areas, pasture-land, etc.). Golden Eagles avoid nesting near urban habitat and do not generally nest in densely forested habitat. The nearest CNDDB record of this species is more than 4.5 miles northwest of the project site, in Robert Sibley Volcanic Regional Preserve. There are no large trees on the project site to support nesting; however, the vast grassland offers suitable foraging habitat for this species, which has a moderate potential to occur on the site in a foraging capacity only. •White-Tailed Kite is fully protected by CDFW. It is a falcon shaped raptor with a long white tail and black patches on the shoulders that are highly visible while the bird is flying or perching. White-tailed kites forage in annual grasslands, farmlands, orchards, chaparral, and at the edges of marshes and meadows. They are found nesting in trees and shrubs such as willows, California sycamore, and coast live oak often near marshes, lakes, rivers, or ponds. This raptor often hovers while inspecting the ground below for prey. The white-tailed kite eats small mammals as well as some birds, lizards, and insects. Annual grasslands are considered good foraging habitat for white-tailed kites, which will forage in human-impacted areas. Although there are no CNDDB records of the bird in the project vicinity and no large trees on the site that could provide suitable nesting habitat, due to the good foraging opportunities provided by the site, there is high potential for the white- tailed kite to forage on the site. •Cooper’s Hawk Is a State-protected medium- to large-size raptor, with an average wingspan of 28 to 34 inches. They are distinctive for the black and white horizontal banding on the elongated tail and blue-gray head, back, and upper wings. Additional markings include rusty red horizontal barring on a white breast, a large square head, and long yellow legs and feet. The nearest CNDDB-listed occurrence was approximately 4 miles southwest of the project site, along Urban Chimes Creek in Oakland. Olberding states that while Cooper’s hawks generally nest in riparian trees, the small arroyo willow on the project site is not large enough to support a raptor nest and there are no other large trees present within the site that could offer suitable nesting habitat. However, Cooper’s hawk has high potential to forage within the grassland habitat on the site. •American Peregrine Falcon has been delisted by the USFWS but is fully protected by CDFW. The American peregrine falcon is a wide-bodied raptor with a dark, nearly black head resembling a hood. It has a steel blue back and tail, pale to white breast and 226 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 27 of 100 underwings, and small black horizontal bars on belly, legs, underwings, and undertail. The peregrine falcon sports black mustache markings and yellow base of bill, eye rings, legs, and feet. This species forages on the wing, catching prey in the air or on the ground. Peregrine falcons do not build their own nests; they lay their eggs in scrapes, or small depressions, which they make in the soil or gravel of a cliff ledge. Sometimes, they use abandoned stick nests that had been built in trees by other species. Recently, peregrine falcons utilized nests on ledges of tall buildings and bridges within urban environments. The breeding season in California generally starts around late-February and early-March and concludes between May and June. They are typically found in open terrain including farmland, marshes, and even urban environments. The CNDDB listed one occurrence of American peregrine falcon approximately one-half mile west of the project site, nesting in an urban structure. Olberding states there are no large trees present within the site that could offer suitable nesting habitat for this species, but foraging opportunities occur throughout the grassland habitat on the site, and the American peregrine falcon has moderate potential to occur on the site in a foraging capacity only. •Loggerhead Shrike is a California Species of Special Concern. The loggerhead shrike is a black and white perching bird with a black face mask that extends over the bill. It is a common resident and winter visitor in lowlands and foothills throughout California, and prefers open habitats with scattered shrubs, trees, posts, fences, utility lines, or other perches. The loggerhead shrike builds nests on stable branches in densely foliaged shrubs or trees, usually well-concealed. In California, this species lays eggs from March into May, and the fledglings become independent in July or August. Highest density occurs in open canopied valley foothill hardwood, valley foothill hardwood-conifer, valley foothill riparian, pinyon-juniper, juniper, desert riparian, and Joshua tree habitats. The species occurs only rarely in heavily urbanized areas, but is often found in open cropland and on lands grazed by cattle that are fenced with barb wire. This species hunts large insects, small rodents, and even small birds. Loggerhead shrikes are known for their habit of impaling their food on thorns or barb wire for future consumption. The range and habitat for the loggerhead shrike has steadily shrunk due to human development within grasslands. There are no CNDDB records of the loggerhead shrike occurring within a 5- mile radius of the project site. While there are no thickets or shrubs within the site that could offer potentially suitable nesting habitat, foraging opportunities occur across the site within the grassland, and the loggerhead shrike has moderate potential to occur on the site in a foraging capacity. •Burrowing Owl is a California Species of Special Concern that is a ground-dwelling member of the owl family. Burrowing owls are small brown to tan colored birds with bold spots and barring. Burrowing owls generally require open annual grassland habitats with low vegetative cover in which to nest, but can be found on abandoned lots, roads, airports, 227 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 28 of 100 and other urban areas. Burrowing owls generally use California ground squirrel holes for their nesting burrow, but are also known to use other mammal burrows, pipes, or other debris for nesting purposes. They often nest in loose colonies about 100 yards apart. The breeding season for burrowing owls occurs from March through August. They lay three to twelve eggs from mid-May to early June. The female incubates the clutch for about 28 days, while the male provides her with food. The owlets begin appearing at the burrow’s entrance two weeks after hatching and leave the nest to hunt for insects on their own after about 45 days. The owlets can fly well at six weeks old. There are no CNDDB records of the burrowing owl within 5 miles of the project site. During the November 2023 Olberding field survey, the vegetation height was low throughout the site, which burrowing owl characteristically prefer. Although small rodent burrows were observed on the southern portion of the project site, they are not large enough to be used by Burrowing Owls. Thus, considering that there are no suitable burrows or surrogate burrows within or adjacent to the site that could provide nesting or refuge habitat for burrowing owl, and that there were no ground squirrels or small mammals present during the survey that could provide these burrows, Olberding concluded that the burrowing owl has low potential to occur on the project site and is unlikely to be present. In addition to the raptor species listed above, other raptor species including the red-tailed hawk, red-shouldered hawk, and American kestrel, are protected under the Migratory Bird Treaty Act and have a high potential to occur on the site in a foraging capacity. These are common species that are not tracked by the CNDDB. Although many of the special-status bird species described above have a moderate to high potential for occurring on the project site, only the southern 7.9-acre portion of the 23.9-acre project site would be developed. Moreover, the site is adjacent to open space cattle-grazing and watershed lands to the east and approximately 0.4 mile from the 604-acre Carr Ranch protected watershed, 4 miles from the 260-acre Mulholland Ridge Open Space Preserve, and 5.8 miles from the 1,830-acre Redwood Regional Park. Thus, although the project would reduce available foraging areas on the site, substantial foraging areas would remain in the immediate vicinity and the surrounding area. Accordingly, the project would have less than significant impacts on foraging special-status bird species. Amphibians:Olberding identified the following special-status amphibian species that have a potential for occurring on the project site. •California Tiger Salamander (CTS) (Ambystoma californiense) is listed as Threatened by both the USFWS and CDFW, and the Sonoma County and Santa Barbara County populations are federally Endangered. This species is endemic to the San Joaquin- Sacramento River valleys, bordering foothills, and coastal valleys of Central California. They inhabit primarily annual grasslands and open woodlands of the foothills and valleys. 228 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 29 of 100 Adult CTS inhabit rolling grassland and oak savannah. Adults spend most of the year in subterranean retreats such as rodent burrows but may be found on the surface during dispersal to and from breeding sites. CTS require the following habitat conditions: (1) standing bodies of fresh water, like ponds, vernal pools, and other ephemeral or permanent water bodies for breeding; (2) these bodies of water must hold water for a minimum of 12 weeks to support larvae development; and (3) access to upland habitat which contains small mammal burrows, typically from ground squirrels (Spermophilus beecheyi)or pocket gophers (Thommomys bottae), to utilize as shelter and protection from predators and desiccation during nonbreeding periods. The preferred breeding sites are vernal pools and other temporary ponds. However, CTS may use permanent manmade ponds as breeding habitat. CTS adults begin migrating to ponds after the first heavy rains of fall and can be found in or around the breeding ponds during and after winter rainstorm events. In extremely dry years, CTS may not reproduce. CTS also require temporary ponding in vernal pools or man-made ponds as well as rodent burrows during their non- breeding stage. After mating, females lay several small clusters of eggs, which contain from one to over 100 eggs. The eggs are deposited on both emergent and submerged vegetation, as well as submerged detritus. A minimum of ten weeks is required to complete larval development through metamorphosis, at which time the larvae will normally weigh about 10 grams. Larvae remaining in pools for a longer time period can grow to much larger sizes. Upon metamorphosis, juvenile CTS migrate in large masses at night from the drying breeding sites to refuge sites. Prior to this migration, the juveniles spend anywhere from a few hours to a few days near the pond margin. Adult CTS are largely opportunistic feeders, preying upon arthropod and annelid species that occur in burrow systems, as well as aquatic invertebrates found within seasonal pools. The larvae feed on aquatic invertebrates and insects, showing a distinct preference for larvae of the Pacific tree frog. Olberding states that there are no seasonal pond, wetland, or channel features on the project site that hold water long enough to provide suitable habitat to support CTS aquatic breeding and non-breeding habitat; the seasonal wetlands and drainages on the property are ephemeral and only hold a few inches of standing water within small ruts created by cattle hoof shear. Therefore, suitable aquatic breeding and non-breeding habitat is absent from the site. There are no CNDDB listings of California tiger-salamander within 5 miles of the site. Although there are two stock ponds within dispersal distance (1.5 miles) for CTS, the lack of suitable upland refugia would deter CTS from utilizing the project site in an upland capacity, as it exposes them to predators and desiccation. Based on site conditions and the lack of nearby occurrences, CTS does not have the potential to occur on the project site. 229 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 30 of 100 •California Red-Legged Frog (CRLF) (Rana draytonii) is a federally Threatened species and a California Species of Special Concern. On April 13, 2006, USFWS designated 450,288 acres of critical habitat for the CRLF under the ESA. A new ruling by the USFWS on March 17, 2010, revised the designation of critical habitat for CRLF (75 FR 12815 12959), designating a total of approximately 1,636,609 acres of critical habitat in 27 California counties; this rule became effective on April 16, 2010. The CRLF is a rather large frog, measuring 1-. to 5 inches in length. They are reddish- brown to gray in color, with dorsolateral folds and many poorly defined dark specks and blotches. The underside of the CRLF is washed with red on the lower abdomen and hind legs. The CRLF has a dark mask bordered by a light stripe on the jaw, smooth eardrums, and not fully webbed toes. The male has enlarged forearms and swollen thumbs. Its vocals consist of a series of weak throaty notes, rather harsh, and lasting 2 to 3 seconds. Breeding occurs from December to March with egg masses laid in permanent bodies of water. The CRLF predominately inhabits permanent fresh water sources such as streams, lakes, marshes, natural and manmade ponds, and drainages in valley bottoms and foothills. It also uses uplands near aquatic habitat for foraging, shelter, and dispersal to neighboring aquatic habitat up to 1.7 miles. This species is currently widespread in the nine-county San Francisco Bay area and is abundant along the Pacific Coast north of Ventura County up to Mendocino County. Isolated populations exist in the Sierra Nevada range and in Los Angeles, Ventura, and San Diego Counties. CNDDB listed seven occurrences of the CRLF occurring within 5 miles of the project site. A majority of these occurrences are located between 4 and 5 miles north and/or east of the site, with the closest occurring approximately 2.2 miles northeast of the site in a pond surrounded by annual grassland. This occurrence was accidentally found during a newt (Triturus sp.) survey in 2022. The lack of nearby CNDDB occurrences may be due to the remote nature of the area surrounding the project site or the inability to survey potential habitats on private lands and does not necessarily reflect the absence of this species in the general area. CRLF require: (1) standing bodies of fresh water for aquatic breeding habitat; (2) non- breeding freshwater and wetted riparian habitat that provide shelter, forage, predator avoidance, and aquatic dispersal; (3) upland habitat such as grassland or woodland adjacent to or surrounding breeding and non-breeding aquatic and riparian habitat—up to a distance of 1 mile—that contain structural features and small mammal burrows that provide shelter and protection; and (4) accessible upland or riparian dispersal habitat within designated habitat units and between occupied locations within a minimum of 1 mile of each other. There are no seasonal ponds, wetlands, or riparian features within the project site that hold water long enough to provide suitable habitat to support CRLF 230 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 31 of 100 aquatic breeding and non-breeding habitat; the seasonal wetlands and drainages on the site are ephemeral and only hold a few inches of standing water within small ruts created by cattle hoof shear. Therefore, suitable aquatic breeding and non-breeding habitat is absent from the project site. However, the property does contain grassland habitat that could provide suitable dispersal habitat. Moraga Creek (a.k.a. Rimer Creek) is located approximately 0.05 miles west of the northern portion of the site, across Sander’s Ranch Road, and King Canyon Creek is approximately 0.07-mile east of the southern portion of the site. Additionally, there are two stock ponds within the vicinity of the property, just off Knoll Drive; the first is approximately 0.38 miles east of the site, and the second is approximately 0.5 miles east. Suitable grassland habitat includes at least a few observed small mammal burrows that may provide suitable upland refugia habitat on site. However, there are several barriers to movement of this species surrounding the project site on all sides, greatly reducing the chance that this species would disperse onto the project site. Adjacent to the west of the project site are Camino Pablo and Sanders Ranch Road, well used paved roads that prevent overland movement of this species. The project site is bordered on the west, north, and south sides by high-density residential development that also prevents overland movement onto the project site by CRLF. There is a storm drain just west of the project site that receives runoff from the concrete V-ditches that run along the west end of the property and collect stormwater after large storms from the west end of the southern ephemeral drainage. This storm drain is most likely connected underground to Moraga Creek and could conceivably provide access to the project site for CRLF dispersing from the west. However, Olberding believes it is highly unlikely that a CRLF would travel through this storm drain system, up through the storm drain, through the unvegetated concrete V-ditches and onto the project site which lacks any suitable aquatic habitat for this species and contains only a few small mammal burrows at its southern end. The area to the east of the project site is to open space cattle-grazing and watershed lands and the two stock ponds that may provide suitable aquatic habitat for CRLF. However, directly to the east of the project site, between the project site, King Canyon Creek, and the nearby stock ponds, is a steep hill roughly 700 feet high in elevation, a cattle corral at the base of that hill, and another even steeper hill roughly 800 feet high in elevation further to the east. King Canyon Creek and the nearest stock pond are at the eastern base of that 800 feet high hill. Therefore, CRLF dispersing to the project site from the east would need to travel up two steep hills, over two ridges between 700 and 800 feet high to the project site that contains no suitable aquatic habitat to attract them. Based on the foregoing, both Olberding and Monk have concluded that there is a very low to moderate potential for CRLF to occur onsite, in a dispersal capacity only. Nevertheless, because the CRLF may use the site as a dispersal corridor between the creeks and ponds that surround the 231 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 32 of 100 property,project construction activities could disturb the CRLF, interfere with their migration, and/or result in the death of individual frogs, resulting in a potentially significant adverse environmental impact.Consequently, the applicant is required to implement the following mitigation measures: Biological Resources 2:Prior to commencement of construction activities, a qualified wildlife biologist shall survey the project site for California red-legged frog (CRLF) to verify the absence or presence of the species. One day and one night survey shall be conducted during the non-breeding season. At least one survey must be completed between January 1 and August 15. Day surveys shall be conducted between 1 hour after sunrise and 1 hour before sunset. Night surveys are used to identify and locate adult and metamorphosed frogs and shall be conducted no earlier than 1 hour after sunset. Surveys shall be performed in accordance with applicable U.S. Fish and Wildlife Service (USFWS) protocol. Because the potential for CRLF to occur on the project site is limited to a dispersal capacity only, surveys performed during the breeding season to identify eggs and larvae are not required. Once site clearing or grading commences, all ruts, holes, and burrows shall be inspected for CRLF by a qualified biologist prior to and during excavation or removal in order to look for and avoid amphibians that may be present on the project property. If any CRLF are found during initial site disturbance, a qualified biologist possessing a valid federal Endangered Species Act (ESA) Section 10(a)(1)(A) permit or USFWS-approved under an active biological opinion, shall be contracted to trap and to move amphibians to nearby suitable habitat outside the fenced project site. Implementation of these mitigation measures would reduce construction period impacts on the California red-legged frog to a less than significant level. •Foothill Yellow-Legged Frog (FHYF) (Rana boylii) is a federal Species of Special Concern and a California Species of Special Concern. These frogs are not smooth in appearance as most frogs are, but have bumpier skin similar to a toad’s skin, though they have no warts. Like all frogs, FHYF are good jumpers and are found at the edge of water bodies. These frogs rely heavily on camouflage for their survival. Dorsal colors of this frog range from brown, gray, to rust red with the bottom parts of their legs being yellow. The can be found along rocky creeks in the foothills of the Cascade Mountains from south of the Willamette Valley to central California. They also occupy sunny creeks throughout southwestern Oregon. The FHYF is typically found in partially shaded, shallow streams with cobble-sized rocky substrates needed for egg-laying. The CNDDB listed five occurrences of the FHYF within a 5-mile radius of the project site, with the closest occurrence located approximately 2 miles northwest of the site in the 232 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 33 of 100 vicinity of the community of Canyon, near Pinehurst Road and San Leandro Creek. Specimen frogs were collected from Redwood Peak in 1909, and one was collected at the community of Canyon in 1947, however it now appears that this species is extirpated from this area, and the most recent sighting is over 20 years old (February 1997). The project site lacks suitable habitat for FHYF as it does not contain shallow, rock-lined streams that provide egg laying substrate and foraging opportunities. Furthermore, the drainages found within the site are not hydrologically connected to creeks or streams with these features, making dispersal onto the site unlikely. Given these site conditions and the lack of recent and nearby CNDDB occurrences, Olberding states that the FHYF is presumed absent from the project site. Reptiles:Olberding determined during the field survey that the cover from the grassland habitat and cattle hoof shear on the project site offer suitable habitat for various reptile species. During the survey, Olberding observed numerous western fence lizards (Sceloporus occidentalis) throughout the site. Other reptile species including Pacific gopher snake (Pituophis catenifer catenifer) and California king snake (Lampropeltis californiae) may occur on the site. Since part of the project site is within USFWS-designated critical habitat for the Alameda whipsnake (Masticophis lateralis euryxanthus), this species may also be present. •Alameda Whipsnake (AWS) is both a State and federal Threatened species. The AWS is known to occur in Contra Costa and Alameda counties and has been associated with western San Joaquin and northern Santa Clara counties. The known distribution for the AWS includes Sobrante Ridge, Oakland Hills, Mount Diablo, the Black Hills, and Wauhab Ridge. The AWS is one of two subspecies of the California whipsnake. It is distinguished from the chaparral whipsnake (M. l. lateralis) by the broad orange striping on its sides. Adults reach approximately 3 to 5 feet in length and show a sooty black to dark brown back, cream-colored undersides, and pinkish tail. The AWS is typically found in chaparral, northern coastal sage scrub, and coastal sage habitats; however, annual grasslands, oak woodlands, and oak savannah serve as habitat during the breeding season. Egg-laying occurs near scrub habitat on ungrazed grasslands with scattered shrub cover. Male and female whipsnakes are active from April to November finding mates. During the breeding season from late March through mid-June, male whipsnakes exhibit more movement throughout their home range, while female whipsnakes remain sedentary from March until egg laying. Females lay a clutch of 6 to 11 eggs, usually in loose soil or under logs or rocks. The CNDDB listed 26 occurrences of the AWS within the vicinity of the project property, with the closest located approximately 2 miles south of the site, just north of the Kaiser 233 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 34 of 100 Creek arm of the Upper San Leandro Reservoir. Primary habitat for the AWS is abundant just east of the project site, within the Las Trampas Ridge open space. Las Trampas Ridge is home to one of five main populations of the AWS identified within its historical range. The core AWS habitat consists of open-canopied shrub communities, including coastal scrub and chaparral, often with rock outcroppings on south-, southeast-, east-, and southwest-facing slopes. Rock outcrops are an important element of their habitat, providing protection from predators and habitat for prey species such as western fence lizard. However, the project site lacks chaparral, sage brush, or rock outcrops. Secondary habitat consists of grasslands and open woodlands, and suitable annual grassland habitat is present on the project site. These habitats provide dispersal, foraging, and occasionally nesting opportunities, particularly when they are linked to chaparral/scrub. Additionally, rock crevices, talus and small mammal burrows that provide shelter, protection, egg-laying sites, and foraging opportunities are particularly important for the AWS. These habitats provide cover for whipsnakes during dispersal, cover from predators, and a variety of microhabitats where whipsnakes can move to regulate their body temperature. Thus, although there is no core habitat for the whipsnake on the project site, the eastern half of the site is designated by the USFWS as Critical Habitat (Unit 2) for this species. The height of the vegetation in the secondary habitat on the site is low due to the prolonged, intense grazing that occurs on the site. Therefore, this vegetation does not provide suitable protection and coverage from aerial predators nor does it provide shade for temperature regulation. Alameda whipsnakes occurring within fringes of the Las Trampas Ridge open space may pass through the secondary habitat found within the site, but they are not likely to breed or forage on the site due to the aforementioned reasons, and there is a moderate potential for Alameda whipsnake to utilize the site for dispersal only. As a result, if individual AWS are present on the site during site clearing or grading activities, construction activities could injure or kill the snakes, which would be a significant, adverse impact to this Threatened species.Project construction activities could injure or kill individual whipsnakes, resulting in a potentially significant adverse environmental impact.Consequently, the applicant is required to implement the following mitigation measures to ensure that impacts to this species would be less than significant: Biological Resources 3a:Prior to commencement of ground disturbance or vegetation removal from the project site, a qualified wildlife biologist shall perform a preconstruction survey the project site for Alameda whipsnake to determine the presence or absence of this species. The survey shall be conducted no more than 48 hours prior to vegetation removal or ground disturbance. If any whipsnakes are 234 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 35 of 100 identified, the biologist shall develop appropriate mitigation to protect the species and compensate for lost Alameda whipsnake habitat. The mitigation shall be determined in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) and implemented to the satisfaction of those agencies. Incidental take permits shall be obtained from these agencies prior to the County issuing a grading permit. Biological Resources 3b:Prior to the implementation of Mitigation Measure Biological Resources-3a, the project applicant shall install appropriate exclusion fencing around the entire area of project disturbance, with a suitable buffer to be determined by a qualified wildlife biologist, to prevent any snakes or other wildlife from encroaching onto the site. The foot of the exclusion fencing shall be buried sufficiently deep to prevent wildlife from crawling or tunneling under the fence and the upper portion of the fence shall be curved outward, such that any snakes or other wildlife attempting to scale the fence will fall off the fence once they become inverted, preventing their incursion onto the site. The fencing shall be installed to the satisfaction of the wildlife biologist. Biological Resources 3c:The project sponsor shall require the construction contractor to implement the following protective measures during project construction: Open Trenches: Any open trenches, pits, or holes with a depth larger than one- foot shall be covered at the conclusion of work each day with a hard, non-heat-conductive material (i.e., plywood). No netting, canvas, or material capable of trapping or ensnaring wildlife shall be used to cover open trenches. If use of a hard cover is not feasible, multiple wildlife escape ramps shall be installed, constructed of wood or installed as an earthen slope in each open trench, hole, or pit that is capable of allowing large (i.e., deer) and small (i.e., snakes and frogs) from escaping on their own accord. Prior to the initiation of construction each day and prior to the covering of the trench at the conclusion of work each day, a qualified biologist or on-site personnel shall inspect the open trench, pit, or hole for wildlife. If wildlife is discovered, it shall be allowed to leave on its own accord. Open Pipes Restriction: All pipes, culverts, or similar structures that are stored vertically or horizontally at the construction site for one or more overnight periods shall be securely capped on both ends prior to storage and thoroughly inspected by a qualified biologist or on-site personnel for wildlife prior to utilization in construction of the project. Fence and Signpost Restriction: Any fencing posts or signs installed temporarily or permanently throughout the course of the Project shall have the top three post holes covered or filled with screws or bolts to prevent the entrapment of wildlife, specifically birds of prey. The Qualified Biologist or on-site personnel shall be responsible for 235 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 36 of 100 ensuring compliance with this measure throughout the course of the Project and shall inspect each post. Biological Resources 3d:Onsite Worker Education Program. A qualified biologist shall administer a pre-construction training program for all employees, contractors, and personnel working at the project site prior to performing any project activities, to be hosted at the project site. The presentation shall include, at minimum, a discussion of sudden oak death prevention, critical root zone protection, the biology of the habitats and species identified in this IS.MND and those with potential to be present at the project site, which shall include a walkthrough. The Qualified Biologist shall also include, as part of the education program, information about the distribution and habitat needs of any species that may be potentially present, legal protections for those species, penalties for violations, and project-specific protective measures identified in the biological mitigation measures required by this IS/MND. Interpretation shall be provided for non-English speaking employees, contractors, or personnel otherwise working on the project site, prior to their performing any work at the project site. Implementation of these mitigation measures would reduce construction period impacts on the Alameda whipsnake to a less than significant level. Mammals:Olberding observed signs (i.e., droppings and prints) of several common mammals throughout the project site during the field survey that appeared to be from coyote (Canis latrans) and racoon (Procyon lotor). With respect to special-status mammals, CNDDB indicate the potential for special-status bats (Order –Chiroptera) and the American badger (Taxidea taxus) to be present in the area. •Bats are the only mammals capable of “true” flight. They are nocturnal feeders and locate their prey, which consists of small- to medium-sized insects by echolocation. Bats consume vast amounts of insects making them very effective pest control agents. They may eat as much as their weight in insects per day. Maternity roosts comprised of only females, may be found in buildings or mine shafts with temperatures up to 40 degrees Celsius (104 degrees Fahrenheit) and a high percentage of humidity to ensure rapid growth in the pups. Female bats give birth to only one or two pups annually and roost in small or large numbers. Males may live singly or in small groups, but scientists are still unsure of the whereabouts of most males in summer. Special-status bats with the potential to occur on the project site include the pallid bat (Antrozous pallidus) and the hoary bat (Lasiurus cinereus). CNDDB listed five occurrences of the pallid bat and one occurrence of the hoary bat within a 5-mile radius of the property, with the closest occurrence approximately 0.36 miles northwest of the site. There are no structures on the site that could provide suitable roosting habitat for 236 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 37 of 100 pallid bat, and there are no trees that offer dense foliar cover suitable for roosting hoary bats. However, the grassland habitat, ephemeral drainages, and seasonal wetlands provide an array of insects allowing for abundant foraging opportunities. Given the above information, multiple species of bats have a moderate potential to occur on the project site in a foraging capacity only. As previously discussed, only the southern 7.9-acre portion of the 23.9-acre project site would be developed, and the site is adjacent to open space cattle-grazing and watershed lands to the east and large permanently preserved open spaces areas (604-acre Carr Ranch protected watershed, 260-acre Mulholland Ridge Open Space Preserve, 1,830-acre Redwood Regional Park). Thus, although the project would reduce available foraging areas on the site, substantial foraging areas would remain in the immediate vicinity and the surrounding area. Accordingly, the project would have less than significant impacts on foraging special-status bat species. •American Badger is a California Species of Special Concern. This large member of the weasel family has a flat body with short legs ideally suited to digging burrows. They are typically found in open plains, prairies, forests and grasslands, or other areas with friable soils and low foliar cover. In California they primarily inhabit a combination of grasslands, agricultural lands, and other open space. The badger feeds on ground squirrels, mice, and gophers. It is also a significant predator of snakes, including rattlesnakes. Burrows created by badgers range from about 4 feet to 10 feet in depth and 4 feet to 6 feet in width. They typically enlarge abandoned gopher or ground squirrel burrows. Female American badgers may create two to four burrows within a small area, connected by tunnels, in order to better conceal her cubs. Displaced soil from badger dens characteristically appears in front of the burrow entrance, giving the appearance of a mound-like roof. Badgers mate between July and August, but do not give birth until March. The CNDDB listed one occurrence of American badger within 5 miles of the project site, found approximately 4.5 miles northwest of the site in Rattlesnake Canyon near Orinda; however, this occurrence is historical, from 1925. The grassland habitat found within the project site is suitable for badger considering the low vegetation height and friable soils. However, no small mammals such as ground squirrels or gophers were observed during the Olberding field survey, and therefore the property may lack an appropriate prey base to support badgers. For these reasons, Olberding concludes that the American badger has a low potential to utilize the project site, and is not likely to occur. Insects:Monk noted that there is one insect species of concern that has a potential for occurring on the project site. 237 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 38 of 100 •Western Bumblebee (Bombus occidentalis)is currently a candidate for California state listing as an endangered species. The Western bumblebee feeds upon nectar and pollen from a variety of plant species but is most adapted to native plant species. It nests in abandoned rodent burrows and bird nests. The flight period in California is from early February to late November, peaking in late June and late September. The flight period for workers and males is from early April to early November. Little is known about sites where queens overwinter, but it is likely in underground areas protected from temperature extremes and flooding during winter rains. There is one CNDDB record (Occurrence #286) of this species observed within the last 50 years within 5 miles of the project site. This occurrence documents seven males and one female collected on September 11, 1994, from an unknown location in Henry Chabot Regional Park, on the southwest side of Upper San Leandro Reservoir. There are suitable rodent burrows within the southern portion of the project site and upon cursory review, Monk stated that there is at least some potential for this species to occur. However, it is important to note that the project site is located outside the species’ current known range (CDFW GIS Dataset). Although Western bumblebee is unlikely to occur on the project site, in consideration of a known historic occurrence within 3 miles, this species cannot be entirely discounted without preconstruction surveys to rule out its presence. Accordingly,project construction activities could destroy burrows in use by the Western bumblebee or kill individual bumblebees, resulting in a potentially significant adverse environmental impact.Consequently, the applicant is required to implement the following mitigation measures: Biological Resources 4:Implementation of the below mitigation measure would reduce construction period impacts on the Western bumblebee to a less than significant level. Prior to commencement of ground-disturbing activities, a qualified wildlife biologist shall perform a habitat assessment of the project site and surrounding landscape to identify and map suitable nesting, foraging, and overwintering habitat for the Western bumble bee. If suitable habitat is identified, a qualified wildlife biologist shall perform focused preconstruction surveys of the project site for Western bumblebee to determine the presence of this species. To maximize probability of detection, a minimum of three focused surveys shall be conducted during the colony active period (i.e., April through September) and when floral resources are in peak bloom. If any Western bumblebee are identified, or if surveys are not conducted and presence is presumed, the biologist shall develop appropriate mitigation to protect the species and compensate for potential habitat loss. The mitigation shall be determined in consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) and implemented to the satisfaction of 238 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 39 of 100 those agencies. Incidental take permits shall be obtained from these agencies prior to the County issuing a grading permit. If suitable nesting, foraging, or overwintering habitat is identified within the project site during the habitat assessment, a biological monitor with experience conducting surveys for special-status bumble bee species shall be present onsite during vegetation removal and/or ground-disturbing activities that take place during any of the “Queen and Gyne Flight Period and Colony Active Period” (February through October). b)No Impact: The Olberding BRA disclosed that there is no riparian habitat or other sensitive natural community present on or in proximity to the project site. Therefore, there is no potential for such habitats to be adversely affected by the project. c)Less Than Significant Impact: The federal government, acting through the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA), has jurisdiction over all “waters of the United States” as authorized by Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899 (33 CFR Parts 320-330). Section 404 of the CWA regulates the placement of fill in Waters of the U.S., which may include wetlands, lakes, ponds, drainages, creeks, streams, and other traditionally navigable water bodies, depending on whether any such aquatic feature meets current jurisdictional standards. Actions affecting small areas of jurisdictional waters of the United States may qualify for a Nationwide Permit (NWP) from the Corps, provided conditions of the permit are met, such as avoiding impacts to threatened or endangered species or to important cultural sites. Properties that affect larger areas or which do not meet the conditions of an NWP require an Individual Permit. The process for obtaining an Individual Permit requires a detailed alternatives analysis and development of a comprehensive mitigation/monitoring plan. Under federal regulation, wetlands are defined as areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. (33 CFR Part 328.3(c)(16)). Wetlands generally include swamps, marshes, bogs, and similar areas. In addition, portions of the riparian habitat along a river or stream may be a wetland where the riparian vegetation is at or below the ordinary high water mark and thus also meets the wetland hydrology and hydric wetlands are defined as areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. (33 CFR Part 328.3(c)(16)). Wetlands generally include swamps, marshes, bogs, and similar areas. In addition, portions of the riparian habitat along a river or stream may be a wetland where the riparian vegetation is at or below the ordinary high-water mark and thus also meets the wetland hydrology and hydric soil criteria. 239 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 40 of 100 Wetlands and other waters subject to regulation under CWA Section 404 also require a Section 401 water quality certification by the Regional Water Quality Control Board (RWQCB). In the Bay Area, such certification is issued by the San Francisco Bay RWQCB. The RWQCB may identify additional mitigation requirements beyond those imposed by the Corps. Additionally, California Fish and Game Code Sections 1600-1607 require the CDFW to be notified of any activity that could affect the bank or bed of any stream that has value to fish and wildlife. Upon notification, the CDFW has the discretion to execute a Streambed Alteration Agreement. The CDFW defines a stream as follows: “... a body of water that flows at least periodically...through a bed or channel having banks and supporting fish and other aquatic life. This includes watercourses having a subsurface flow that supports or has supported riparian vegetation.” In practice, CDFW authority is extended to any “blue line” stream shown on a USGS topographic map, as well as unmapped channels with a definable bank and bed. Wetlands, as defined by the Corps, need not be present for CDFW to exert authority. Results of the Olberding field survey indicate that the project site contains wetlands/waters that may be considered jurisdictional by the Army Corps of Engineers, RWQCB, and/or CDFW. Potentially jurisdictional waters onsite and nearby the area of development are depicted in the above figure. These areas include two sparsely vegetated, eroded ephemeral drainage channels (“Area B” and “Area C” above) separated by a relatively broad stretch of unbroken grassland. These two seasonal drainages are not wetlands, but a small seasonal wetland (“Area A” above) occurs at the southern base of these drainage features. These ephemeral drainages and wetlands are located approximately 40 feet north of the northernmost extent of grading activity, and approximately 100 feet distant from the boundary of the nearest residential lot (Lot 1). An additional ephemeral drainage (“Area D” above) and seasonal wetland (“Area E” not depicted in 240 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 41 of 100 above figure) exist on site located towards the far northern end of the project site. Given that areas D & E are each located over 1,000 feet distant from the area of ground disturbance, no impact is expected to those features. The ephemeral drainages and two potential seasonal wetlands on the project site showed positive indicators of wetland soils, hydrology, and vegetation. As shown on Figure BIO-1, one potential seasonal wetland (Area “E”) is just south of the northernmost ephemeral drainage and is characterized by a mix of hydrophytic (i.e., water-loving) plants, such as curly dock, Italian rye grass, and clover (Trifolium sp.), and upland species such as wild oats and bull thistle. Olberding observed that this wetland was seep-like and contained numerous small pools of water within cattle hoof shear. The second potential seasonal wetland (Area “A”) is located at the base of the drainage areas B & C along the Camino Pablo frontage. The vegetation within this wetland was consistent with the surrounding grasslands, but several hydrophytic species such as curly dock and toad rush were observed. Neither of these wetlands hold water for periods long enough throughout the year to provide potential breeding habitat for special status wildlife species known to occur in the area, such as CLRF and CTS. Dominant vegetation within ephemeral drainages was consistent with the composition of the annual grassland, and consisted primarily of Italian rye grass, Mediterranean barley, wild oat, and creeping wildrye. Other species observed include ribwort plantain (Plantago lanceolata), milk thistle (Silybum marianum), filaree, and curly dock. The southernmost drainage also had a single Arroyo willow growing within the channel. If any work occurs within 50 feet of the potential seasonal wetland or ephemeral drainage features on site, then a U.S. Army Corps of Engineers jurisdictional delineation would need to be conducted and include preparation of an aquatic resources map delineating all onsite waters/wetlands that may qualify as waters of the U.S./State subject to regulation by the Corps and RWQCB, respectively. The wetland delineation report and aquatic resources map would need to be submitted to Corps for verification as only the Corps can determine the extent of their jurisdiction. If any work associated with the project would impact these potential wetlands or drainage features, permits from the Corps, the RWQCB and/or the CDFW would need to be acquired. While any project-related construction activity in or adjacent to these features would require jurisdictional delineation and permitting by the Corps, which would be subject to mitigation requirements, the project as proposed would not intrude into any of these wetlands/waters or come in close proximity to them. Accordingly, the project impacts on wetlands or other waters of the U.S would be less than significant. The project is subject to fuel management requirements of the Moraga Orinda Fire District, whereby property owners are required to maintain 30-foot-wide fuel breaks surrounding residential structures and 100-foot-wide fuel breaks along the boundaries of open space parcels exceeding 1-acre in area. These fuel management requirements presently apply to this property independent of the project. Historically, the property owner has utilized cattle grazing as the 241 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 42 of 100 primary means of vegetation removal for fuel breaks, although the grazing does need to be supplemented by other methods periodically to meet MOFD’s fuel management standards. Given the proximity of Areas A, B, and C to the western property boundary the provision of a 100-foot- wide fuel break meeting MOFD requirements presently entails encroaching within these existing ephemeral drainage and wetland features onsite. Thus, vegetation removal for the provision of fuel breaks, including areas within ephemeral drainage or wetlands areas A-C are considered existing activities, and not impacts resulting from the project. Although the proposed project would result in new interior lot lines within the project site, thereby affecting the location of the 100-foot-wide buffer around proposed open space Parcel A, the provision of fuel breaks for the residential project would not result in any new impacts to ephemeral drainages or wetlands since such areas are already potentially disturbed by annual fuel management activities. The project has been conditioned to limit fuel management activities within ephemeral drainage features to less intrusive methods in order to ensure these activities minimize impacts on plants/wildlife. Therefore, the projects compliance with MOFD fuel management policies in accordance with the project conditions of approval, ensures that the project will not result in significant impacts to biological resources. d)Less Than Significant with Mitigation: Wildlife corridors are generally described as pathways or habitat linkages that connect discrete areas of natural open space otherwise separated or fragmented by topography, changes in vegetation, and other natural or human induced factors such as urbanization. The fragmentation of natural habitat creates isolated “islands” of vegetation that may not provide sufficient area or resources to accommodate sustainable populations for a number of species, which can adversely affect both genetic and species diversity. Corridors often partially or largely eliminate the adverse effects of fragmentation by 1) allowing animals to move between remaining habitats to replenish depleted populations and increase the gene pool available; 2) providing escape routes from fire, predators, and human disturbances, thus reducing the risk that catastrophic events (such as fire or disease) will result in population or species extinction; and 3) serving as travel paths for individual animals moving throughout their home range in search of food, water, mates, and other needs, or for dispersing juveniles in search of new home ranges. The project site does not function as a wildlife movement corridor because it is bordered by established residential communities on the north, west, and south, which limit wildlife movement through the site. Therefore, the proposed project would not substantially interfere with the movement of resident or migratory wildlife. With respect to wildlife nursery sites, although nesting birds are unlikely to occur on the project site, they could utilize large trees located adjacent to the site. Project construction activities could disturb or harm nesting birds protected under the federal Migratory Bird Treaty Act (50 CFR 10.13), the Bald and Golden Eagle Protection Act, and/or California Fish and Game Code Sections 3503, 3503.5, 3800, and 3513.Project construction disturbance could result in the loss of nesting habitat, disturbance to nesting birds, and possibly death of adults and/or young. Therefore,there would be a potentially significant adverse environmental impact on nesting birds during 242 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 43 of 100 project construction. Consequently, the applicant is required to implement the following mitigation measures. Biological Resources 5:If project grading or construction is scheduled to take place between February 1 and September 15, a preconstruction survey of the project vicinity for nesting birds shall be conducted by a qualified biologist experienced with the nesting behavior of bird species of the region. The survey shall determine if active nests are present within the planned area of disturbance or within 250 feet of the construction zone for non-raptors and 1,000 feet for raptors. The survey shall be performed no more than 14 days prior to the commencement of construction activities, and a second focused survey shall be conducted within 48 hours prior to construction activities that would occur during the nesting/breeding season. If ground disturbance activities are delayed following a survey, then an additional preconstruction survey shall be conducted such that no more than two weeks will have elapsed between the last survey and the commencement of ground disturbance activities. If a lapse of project- related activities of seven days or longer occurs, another focused survey shall be conducted before project activities can be initiated. Copies of the preconstruction survey(s) shall be submitted to the Contra Costa County Department of Conservation and Development, Community Development Division (CDD) and the California Department of Fish and Wildlife. If an active bird nest is found within the survey radii, species-specific measures shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest. A protective buffer shall be established, with the distance to be determined by a competent biologist based on the site conditions—such as whether the nest is in a line of sight of the construction—and the sensitivity of the birds nesting. Typical protective buffers are as follows: 1) 1,000 feet for large raptors such as buteos, 2) 500 feet for smaller raptors such as accipiters, and 3) 250 feet for passerines. No project personnel or equipment shall be allowed to enter the protective buffer until the qualified biologist determines that the young have fully fledged and will no longer be adversely affected by the project. A qualified biologist shall observe any identified active nests prior to the start of any construction-related activities to establish a behavioral baseline of the adults and any nestlings, and the nest site(s) shall be monitored by the biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. The perimeter of the nest setback zone shall be fenced or adequately demarcated with stakes and flagging at 20-foot intervals, and construction personnel and activities restricted from the area. A survey report by a qualified biologist verifying that no active nests are present, or that the young have fledged, shall be submitted prior to initiation of grading in the nest-setback zone. The qualified biologist shall serve as a biological monitor during those periods when construction activities occur near active nest areas to ensure that no 243 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 44 of 100 inadvertent impacts on these nests occur. All buffers shall be shown on all sets of construction drawings. Implementation of these mitigation measures would reduce the impact on the nesting birds to a less than significant level. e)No Impact: The Contra Costa County Tree Protection and Preservation Ordinance (Chapter 816- 6 of the County Ordinance Code) provides for the protection of certain trees by regulating tree removal while allowing for reasonable development of private property. The Ordinance applies to any developable vacant parcel, such as the project site. The Ordinance requires tree alteration or removal to be considered as part of the project application. The project does not involve the removal of any trees, and the proposed construction activities are not within the drip line of the one existing arroyo willow tree on the project site. Thus, the project will not be subject to the Tree Protection and Preservation Ordinance. There are no additional ordinances or policies pertaining to biological resources applicable to the project. f)No Impact: There is one adopted habitat conservation plan in Contra Costa County, the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP), which was approved in May 2007 by the East Contra Costa County Habitat Conservancy (ECCCHC). The ECCCHC is a joint exercise of powers authority formed by the Cities of Brentwood, Clayton, Oakley, Pittsburg, and Contra Costa County to implement the HCP/NCCP. The HCP/NCCP establishes a coordinated process for permitting and mitigating the incidental take of endangered species in eastern Contra Costa County. The Camino Pablo area is outside of the covered area for the HCP/NCCP, and therefore, the proposed project would not affect the HCP/NCCP. Sources of Information: •Olberding Environmental, 2023.Biological Resources Analysis Report for the Camino Pablo Property. •Olberding Environmental, 2019.Biological Resources Analysis Report for the Camino Pablo Property. •Monk & Associates Environmental Consultants, 2024.Peer Review of Olberding Biological Reports and IS/MND for the Camino Pablo Subdivision Project. •DK Engineering, 2023.Vesting Tentative Map, Subdivision 9646 Camino Pablo. •Douglas Herring & Associates, 2024.Camino Pablo Subdivision Initial Study and Mitigated Negative Declaration, Administrative Draft. •Contra Costa County Ordinance Code, Title 8. Zoning Ordinance. 244 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 45 of 100 •https://www.contracosta.ca.gov/depart/cd/water/HCP/, 2024.East Contra Costa County Habitat Conservancy. 5.CULTURAL RESOURCES –Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including those interred outside of formal cemeteries? SUMMARY: a)No Impact: There are no structures on the project site. Regarding past presence of a structure, in 2015, the California Historical Resources Information System (CHRIS) at the Northwest Information Center (NWIC) at Sonoma State University reported that their base maps show no recorded buildings or structures within the proposed project area. Further, CHRIS conducted an archival search in 2015 of the State Office of Historic Preservation Historic Property Directory, which includes listings of the California Register of Historical Resources, California State Historical Landmarks, California State Points of Historical Interest, and the National Register of Historic Places, and identified no recorded buildings or structures on or in the vicinity of the proposed project site. A subsequent search of NWIC archives, performed in 2016 and updated in 2023, by Archeo-Tec, Inc. as part of a Phase I Cultural Resource Evaluation for the project also found no significant recorded historical resources within a 1-mile radius of the project site. Thus, there are no onsite historical resources pursuant to Section 15064.5 of the CEQA Guidelines. There is no structure that: • Is listed in the California Register of Historic Places and has been determined to be eligible for listing by the State Historic Resources Commission. • Is included in a local register of historic resources, and identified as significant in a historical resource survey that has been or will be included in the State Historic Resources Inventory; or • Has been determined to be historically or culturally significant by a lead agency. b)Less Than Significant With Mitigation: The 2015 CHRIS review of the project site concluded that there was a “high potential of identifying Native American archaeological resources” within the borders of the project site. In 2016, Archeo-Tec Inc. completed a Phase I cultural resource evaluation, including a full record search and a pedestrian survey. No potentially significant 245 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 46 of 100 cultural resources were identified on the project site, or within a 1-mile radius. In 2023, Archeo- Tec completed an updated Phase I cultural resource assessment. Although no significant cultural resources were identified on the project site, the Phase I report indicates that the most culturally sensitive areas of the project site include 1) the gently sloping section planned as lots 12 and 13 and 2) the new cul-de-sac and lots that will be placed in the topographic saddle along the southern extent of the project site (lots 5-10). Other areas of the project site have a lower likelihood of human settlement or activity due to steep (greater than 10%) slopes. As part of the 2016 investigation, Archeo-Tec contacted the Native American Heritage Commission (NAHC) to request a search of their Sacred Lands File to determine whether the project encroaches on any recorded areas of cultural importance. The search of the Sacred Lands File yielded negative results. Further outreach conducted by Archeo-Tec in 2016 to five tribal representatives identified by the NAHC as having knowledge of cultural resources in the area did not result in any information on potentially significant resources. Based on the results of archival searches and the Native American consultation in 2016,there is a possibility that buried archaeological resources could be present and accidental discovery could occur during grading and other earthwork on the project site, resulting in a potentially significant adverse environmental impact on archaeological resources. Consequently, the applicant is required to implement the following mitigation measures. Cultural Resources 1: The following Mitigation Measures shall be implemented during project construction. a. A program of onsite education to instruct all construction personnel in the identification of archaeological deposits shall be conducted by a certified archaeologist prior to the start of any grading or construction activities. b. If archaeological materials are uncovered during grading, trenching, or other onsite excavation, all work within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA), and the Native American tribe(s) that has requested consultation and/or demonstrated interest in the project site, have had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) if deemed necessary. Implementation of these mitigation measures would reduce the impact on archeological resources during project construction to a less than significant level. c)Less Than Significant With Mitigation: Based on the findings of the Phase I cultural resources evaluation, no human remains or cemeteries are known to exist within or near the project site; 246 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 47 of 100 however, there is a possibility that human remains could be present on or near the project site and accidental discovery could occur. Consequently,construction activities on the project site could result in a potentially significant adverse environmental impact due to disturbance of human remains. Thus, the applicant is required to implement the following mitigation measure. Cultural Resources 2: Should human remains be uncovered during grading, trenching, or other onsite excavation(s), earthwork within 30 yards of these materials shall be stopped until the County coroner has had an opportunity to evaluate the significance of the human remains and determine the proper treatment and disposition of the remains. Pursuant to California Health and Safety Code Section 7050.5, if the coroner determines the remains may those of a Native American, the coroner is responsible for contacting the Native American Heritage Commission (NAHC) by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, the NAHC will then determine a Most Likely Descendant (MLD) tribe and contact them. The MLD tribe has 48 hours from the time they are given access to the site to make recommendations to the landowner for treatment and disposition of the ancestor's remains. The landowner shall follow the requirements of Public Resources Code Section 5097.98 for the remains. Implementation of this mitigation measure would reduce the impact on human remains during project construction to a less than significant level. Sources of Information: •Contra Costa County 2005-2020 General Plan. •Archeo-Tec, Inc., 2024.Revised Cultural Resources Assessment for the Camino Pablo Subdivision Project. •Douglas Herring & Associates, 2024.Camino Pablo Subdivision Initial Study and Mitigated Negative Declaration, Administrative Draft. 6.ENERGY –Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? SUMMARY: a)Less Than Significant With Mitigation: The project would use energy during project construction and project operation. 247 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 48 of 100 Construction:The project would require an approximately 32 month-long construction period before habitation of the proposed single-family residences and attached ADUs. Energy usage during project construction would primarily entail usage of gasoline and diesel fuels for construction worker vehicle trips, delivery of equipment/materials, and the operation of earthmoving and paving equipment, generators, and other construction equipment. As discussed in Environmental Checklist Section 3.b, the Bay Area Air Quality Management District (BAAQMD), has requirements, amongst others, to limit engine idling times to a maximum of 5 minutes while not in use, properly tuning all equipment in accordance with manufacturer specifications, and utilizing off-road diesel-powered equipment (25hp engine or larger) meeting Tier 3 or Tier 4 Emissions Standards. Avoiding prolonged idling of equipment that is not in use, and the use of off-road equipment having increased combustion efficiency both serve to minimize unnecessary consumption of fuel during project construction.If the emissions control measures are not implemented, energy use during project construction could be significant particularly during grading and other earthwork on the project site, resulting in a potentially significant adverse environmental impact. Consequently, the applicant is required to implement mitigation measure Air Quality 2. Implementation of the Air Quality 2 mitigation measure would reduce the impact of energy use during project construction to a less than significant level. Operation:The new single-family residences and attached ADUs would be designed in accordance with all applicable provisions of the California Energy Code, Title 24 efficiency standards, and CALGreen building energy efficiency standards including requirements to provide solar energy with new residential construction. Other building energy efficiency standards include requirements for energy efficient ceiling and rafter roof insulation, walls, floors, windows, doors, luminaires, heating and cooling systems, appliances, water heaters, and pool/spa systems. The project’s compliance with such efficiency measures will ensure that the future habitation of the project does not result in wasteful, inefficient, or unnecessary consumption energy resources. Therefore, the operational phase of the project will have a less than significant impact on consumption of energy resources. b)Less Than Significant With Mitigation: Construction:As discussed in Environmental Checklist Section 3.a, the project site is within the San Francisco Bay Area Air Basin, which is regulated by the Bay Area Air Quality Management District (BAAQMD) pursuant to the 2017 Bay Area Clean Air Plan: Spare the Air, Cool the Climate. The Clean Air Plan serves as the regional Air Quality Plan (AQP) for the Air Basin for attaining National Ambient Air Quality Standards (NAAQS). The primary goals of the AQP are to protect public health and protect the climate. The AQP identifies a wide range of control measures intended to decrease both criteria pollutants and greenhouse gas (GHG) emissions, including measures to reduce the impact of energy use. 248 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 49 of 100 As discussed in Environmental Checklist Section 6.a above,if the emissions control measures are not implemented, energy use during project construction could be significant particularly during grading and other earthwork on the project site, resulting in a potentially significant adverse environmental impact. Consequently, the applicant is required to implement mitigation measure Air Quality 2. Implementation of the Air Quality 2 mitigation measure would reduce the impact of energy use during project construction to a less than significant level. Operation: Electricity:In 2002, the State of California established the Renewable Portfolio Standard (RPS) requiring at least 20 percent of electricity produced in the State come from renewable sources by 2017. The State has subsequently increased to targeted goals of the RPS, most recently modified in 2018 by Senate Bill 100, which increased the RPS to the current standards requiring 60% renewable energy by the year 2030 and 100% by 2045. The proposed project would be served with electricity provided by Pacific Gas and Electric Company (PG&E) or Marin Clean Energy (MCE). As MCE is an optional provider, PG&E is discussed below. In 2022, PG&E obtained 38 percent of its electricity from renewable energy sources, while the remaining electricity was sourced from nuclear (49 percent), large hydroelectric (8 percent), and natural gas (5 percent). PG&E also offers a Solar Choice 50 percent option that sources 67 percent of its power mix from eligible renewable energy sources, and a Solar Choice 100 percent option that sources 96 percent of its power mix from eligible renewable energy sources. Therefore, the proposed project’s electricity provider meets the State’s current RPS objective. The proposed project’s electricity provider would also be required to meet the State’s future objective of 60 percent of in-State electricity sales being generated from renewable energy sources by 2030. As such, the proposed project would not conflict with or obstruct the applicable plan for renewable energy or energy efficiency. Climate Action Plan:The State of California has routinely adopted legislation to address climate change and clean energy production that has resulted in efforts to increase the efficiency of vehicles, buildings, and appliances and to provide energy from renewable sources. Locally, the Contra Costa County Board of Supervisors adopted the Contra Costa County Climate Action Plan in December 2015. As illustrated in the table below, the proposed project is consistent with applicable energy goals and measures for new residential development in the Climate Action Plan. Applicable Goals Measures Consistency Analysis Energy Efficiency and Conservation 249 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 50 of 100 Applicable Goals Measures Consistency Analysis Increase energy efficiency in residential and commercial building stock and reduce community-wide electricity and natural gas use. EE-1:Provide opportunities for residential buildings to become more energy efficient. Consistent.The proposed project would comply with the California Building Code and the most recently adopted version of the Building Energy Efficiency Standards. This would improve energy efficiency in the proposed residential homes compared to existing conditions. In addition, the proposed project would include landscaping and storm retention areas with native vegetation, which would reduce the urban heat island effect. EE-4:Reduce urban heat islands through vegetation management and cool surfaces. Renewable Energy Increase the production of renewable energy from small-scale and commercial- scale renewable energy installations. RE-1:Promote installation of alternative energy facilities on homes and businesses Consistent.The proposed project would install PV rooftop solar systems in accordance with the requirements contained in Title 24 of the California Building Code, which would increase renewable energy production compared to existing conditions. Source: Contra Costa County. 2015.Contra Costa County Climate Action Plan. Sources of Information: •Contra Costa County, 2015. Climate Action Plan. •DK Engineering, 2023.Vesting Tentative Map, Subdivision 9646 Camino Pablo. •Douglas Herring & Associates, 2024.Camino Pablo Subdivision Initial Study and Mitigated Negative Declaration, Administrative Draft. 250 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 51 of 100 7.GEOLOGY AND SOILS –Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii)Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv)Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? SUMMARY: a)Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i)Less Than Significant Impact:The evaluation of the project’s potential geology and soils impacts is based in part on a site-specific geotechnical investigation prepared for the project by ENGEO, Inc. (Preliminary Geotechnical Exploration 1211 Camino Pablo Property– January 21, 2014) and a subsequent supplemental report by ENGEO (Supplemental Geotechnical Exploration South Camino Pablo Annexation Project – Subdivision 9396, October 26, 2015). The 2014 ENGEO report determined that no earthquake faults are located on or near the project site. The nearest seismically active fault is the Hayward Fault, located approximately 4 miles southwest of the site, while the San Andreas Fault lies about 22 miles to the west. Although no known active faults cross the project site, ENGEO conducted exploratory 251 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 52 of 100 trenching on the site to provide site-specific subsurface data on a regional thrust fault mapped within the area proposed for residential development by R.C. Crane in 1988. A trench average 9 feet in depth and to total length was 176 feet was logged by ENGEO geologists and soil scientist Dr. Glen Borchardt, who concluded that the thick colluvial soil deposits encountered were indicative of deposition and soil development that has occurred over roughly the last 40,000 years. To be considered active, a fault must rupture the ground surface during Holocene time (i.e. the last +11,700 years). No shears, clay gouge, or other indications of faulting were observed in the trench. ENGEO concluded there is no evidence of active faulting on the project site and that there is a low potential for fault rupture at the project site. Thus, ENGEO did not recommend any setbacks from the mapped inactive fault, nor did they recommend any further evaluation of this fault. Based on the results of preliminary geotechnical investigations conducted for the site, the project has less than significant potential for impacts relating to fault rupture at the site. In a letter dated June 29, 2023, ENGEO states that although the 2014 and 2015 reports were prepared for analysis of an earlier proposed project, the currently proposed grading and site development plans are “substantially in conformance with the geotechnical recommendations” presented therein. ii)Less Than Significant Impact: Major earthquakes in the region have occurred on the Hayward, Calaveras, and San Andreas faults during the past 200 years, and numerous minor earthquakes occur along these faults every year. A major earthquake on any of the active faults in the region could result in very strong to violent ground shaking. The intensity of the earthquake ground motion would depend upon the characteristics of the generating fault, distance from the site to the epicenter and rupture zone, magnitude and duration of the quake, and site-specific geologic conditions. In their October 26, 2015, supplemental geotechnical exploration, ENGEO estimated that the site could experience a peak horizontal ground acceleration of at least 0.632 g during seismic ground shaking. Engineers use the estimated peak horizontal ground acceleration to design buildings for larger ground motions than are expected to occur during a 50-year interval, resulting in safer buildings than if they were only designed for the ground motions that we expect to occur in the next 50 years. The risk of structural damage from ground shaking is regulated by the Building Code and the County Grading Ordinance. The Building Code requires use of seismic parameters which allow the structural engineer to design buildings to be based on soil profile types and proximity of faults deemed capable of generating strong/violent earthquake shaking. Quality construction, conservative design and compliance with building and grading regulations can be expected to keep risks within generally accepted limits. Thus, the environmental impact from seismic ground shaking would be considered to be less than significant. 252 Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Page 53 of 100 iii)Less Than Significant Impact: The project site is not within a Liquefaction Hazard Zone, as mapped by the California Geological Survey. According to the County General Plan Safety Element (Figure 10-5 – Estimated Liquefaction Potential), the project vicinity has “generally moderate to low” liquefaction potential. Additionally, the October 2015 ENGEO site-specific geotechnical investigation in the area of development found that the subsurface strata on site consist of stiff clays and bedrock, which are not susceptible to liquefaction. Future residential development on the project site will require subsurface investigation to provide site-specific engineering recommendations to ensure that building and foundations are designed with appropriate consideration of the site’s soil characteristics. With sound foundation design and adherence to current Residential Building Code requirements, the project will have less than significant impacts related to liquefaction. Ground lurching is another form of potential seismic ground failure. Lurching is a result of the rolling motion imparted to the ground surface during energy released by an earthquake and can cause ground cracks to form. The greatest potential for the formation of these cracks occurs at contacts between deep alluvium and bedrock, such as those at the margins of valley flood plains. Although the ENGEO geotechnical investigation concluded that there is low potential for ground lurching at the site, implementation of the required grading measures identified in the March 2015 ENGEO Preliminary Geotechnical Report and October 2015 ENGEO Supplemental Geotechnical Exploration report confirms that the risk of lurching would not be a significant hazard at the site. iv)Less Than Significant with Mitigation: As shown on Figure GEO-1, the site has experienced numerous prior landslides, including some that have been recently active. They appear to occur as relatively shallow slumps and earth flows ranging from about 5 to 15 feet thick. To address the unstable slopes, ENGEO prepared a corrective grading plan, shown on Figure GEO-2, based on a slope stability analysis of the site under modeled seismic conditions. They calculated a “pseudo-static” seismic coefficient to be 40 percent of the geometric mean peak ground acceleration of 0.632 g. For ENGEO’s slope stability analysis, a displacement analysis was performed. In their analysis, a threshold of 15cm for considering the amount of displacement to be significant. Their calculated displacement was found to be less than 15 cm. While ENGEO’s slope stability analysis was prepared in 2015 for a slightly different project configuration, ENGEO reviewed the current project plans and indicated that the proposed grading and site development are substantially in conformance with their previous geotechnical recommendations, including the corrective grading plan. The corrective grading plan calls for over-excavation of all landslide debris and compressible colluvium. Specific standards and criteria are provided for the placement and 253 254 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4443 Name: Status:Type:Discussion Item Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:HEARING to consider an appeal of the County Planning Commission’s approval of a tree permit to remove three code-protected oak trees to allow for the construction of a residential ground-mounted solar energy system at 19 Jay Court in the Alamo area, and to consider approving the tree permit and related actions (ArborTech Tree Care Inc., Applicant) (Bruce & Grace Ginn, Owners) (Robert Eisele, Appellant) (Judy Huggins, Heidi Welsh, and Tony Kalliaras on behalf of Bryan Ranch Homeowners, Appellants). (Jennifer Cruz, Department of Conservation and Development) Attachments:1. Attachment A - Findings and COA_final-modified CDTP24-00064, 2. Attachment B - Robert Eisele Appeal Letter CDTP24-00064, 3. Attachment C - Judy Huggins Appeal Letter CDTP24-00064, 4. Attachment D - Maps CDTP24-00064, 5. Attachment E - Project Plans CDTP24-00064, 6. Attachment F - Notice of Tentative Approval CDTP24-00064, 7. Attachment G - CPC Staff Report CDTP24-00064, 8. CDTP24-00064 BOS Presentation Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass 4:0 To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Appeal of the County Planning Commission’s Approval of a Tree Permit for 19 Jay Court in the Alamo Area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.OPEN the public hearing on an appeal of the County Planning Commission’s approval of a tree permit for 19 Jay Court in the unincorporated Alamo area; RECEIVE testimony; and CLOSE the public hearing. 2.DENY the appeals by Robert Eisele and by Judy Huggins, Heidi Welsh, and Tony Kalliaras on behalf of Bryan Ranch Homeowners. 3.DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301(e) [new construction of an accessory structure]. 4.APPROVE the tree permit to allow the removal of three code-protected oak trees for the purpose of installing the residential ground-mounted photovoltaic system. (County File No. CDTP24-00064). 5.APPROVE the attached findings in support of the project. 6.APPROVE the attached project conditions of approval. CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 9 powered by Legistar™ File #:25-4443,Version:1 7.DIRECT the Department of Conservation and Development to file a CEQA Notice of Exemption with the County Clerk. FISCAL IMPACT: None. The applicant has paid the necessary application deposit and is obligated to pay supplemental fees to recover any and all additional costs associated with the application process. BACKGROUND: This hearing is to consider two separate appeals, one filed by Robert Eisele and one by Judy Huggins, Heidi Welsh, and Tony Kalliaras on behalf of Bryan Ranch Homeowners, of the County Planning Commission’s (CPC) May 14, 2025, decision to approve a tree permit for the removal of three protected trees to allow for the installation of a residential solar power system on the property identified as 19 Jay Court within the Bryan Ranch community in the unincorporated Alamo area. The tree permit was initially approved by the Zoning Administrator on January 7, 2025. That decision was appealed by Robert Eisele on January 15, 2024. At the County Planning Commission hearing on May 14, 2025, Commission Chair Van Buskirk opened the public hearing and accepted testimony from the applicant Bruce Ginn, the appellant Robert Eisele, and members of the public. The CPC then voted 4 to 1 to deny the appeal of the Zoning Administrator’s decision and approve the tree permit. GENERAL INFORMATION Site Description The subject property is located at 19 Jay Court within the Bryan Ranch community in Alamo. The approximately 44,000-square-foot property is developed with a single-family residence and a pool. The property has a frontage on the east along Jay Court and a frontage on the west along Stone Valley Road. The property slopes upward from west to east, rising approximately 30 feet from the property boundary at Stone Valley Road to the relatively flat residential building pad adjacent to Jay Court, with an approximately 26 percent slope in the western and southwestern areas of the lot. The property has numerous mature redwood trees primarily on the south side of the house, a variety of oak trees in the northern area of the property, a row of sycamore trees along Stone Valley Road, and other species of trees of varying sizes found throughout the property. The surrounding area of Alamo is predominantly developed with single-family residences to the west, east, and south. Other land uses in the area include agricultural lands further to the east and southeast, and pockets of land maintained by the Bryan Ranch or White Gate Homeowners Associations that are designated for open space/resource conservation to the north and south. General Plan The County Board of Supervisors adopted a new General Plan, Envision 2045, on November 5, 2024. Pursuant to the new County General Plan, the subject property is located within a RL, Residential Low Density (RL) General Plan land use designation. However, at the time the application was deemed “complete” for processing (October 25, 2024), the property was located in a SL, Single-Family Residential-Low Density (SL) General CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 9 powered by Legistar™ File #:25-4443,Version:1 Plan land use designation. As such, staff’s General Plan analysis of the proposed project is based on the goals and policies of the County General Plan 2005-2020. Generally, the primary land uses allowed in the SL designation include single-family residences and buildings and structures accessory to residential uses on lots as large as 43,560 square feet in area. The project proposes the installation of a ground-mounted solar/photovoltaic system (PV system) for private, residential use on a lot developed with one single-family residence which is an accessory residential use. The project will not change the residential use or density of residential development for this site and is consistent with the SL General Plan land use designation. Zoning The subject property is located within the P-1 Planned Unit (P-1) and is subject to the development standards of the Bryan Ranch final development plan (County File #DP77-3011). According to the approved final development plan, the setbacks, minimum yards, and height measurements are guided by the R-15 zoning district. Per state law, the proposed solar installation is exempt from County zoning standards since it is a private system and does not need to meet any zoning standards including setback and height standards. In terms of the County Tree Protection and Preservation Ordinance, the placement of the proposed solar panel installation requires the removal of three protected oak trees. According to the County’s tree ordinance, the oak trees to be removed are protected based on the fact that they are part of a stand of four or more trees and are identified in the list of indigenous trees. Therefore a tree permit is required for removal or alteration of the trees. California Environmental Quality Act (CEQA) The proposed project to install a residential ground mounted solar/PV system and to construct a new, 6-foot-tall fence surrounding the PV system, which are accessory to the primary residential use of the property, is categorically exempt from CEQA under Section 15303(e) of the CEQA Guidelines related to new construction of accessory structures. PROJECT DESCRIPTION Three code-protected oak trees are proposed to be removed for the installation of a ground-mounted PV system: a blue oak measuring 10 inches in diameter, a valley oak measuring 14 inches in diameter, and a coast live oak measuring 11 inches in diameter. The PV system is an approximately 673-square-foot array consisting of 28 solar panels rising approximately two to five feet in height above grade and intended for private, residential use. The PV system is proposed to be located on the northwestern side of the property, approximately 32 feet from the western property boundary at Stone Valley Road and approximately 17 feet from the northern property boundary. The project also proposes a 6-foot-tall wooden fence to surround the PV system. Approximately 70 feet of associated trenching is proposed to connect the PV system to the residence through a new 3/4-inch underground PVC conduit. The blue oak and coast live oak trees proposed for removal are located within the proposed footprint of the PV system and the valley oak is located approximately 10 feet west of the proposed PV system in the area of the proposed fence. COUNTY PLANNING COMMISSION HEARING The tree permit was initially approved by the County Zoning Administrator on January 7, 2025. One letter of appeal was received on January 15, 2025, and the appeal was heard by the County Planning Commission (CPC) CONTRA COSTA COUNTY Printed on 12/31/2025Page 3 of 9 powered by Legistar™ File #:25-4443,Version:1 during a hearing on May 14, 2025. During the public hearing, testimony by the applicant, appellant (Robert Eisele), and members of the public was accepted. After taking testimony and a presentation of project analysis by County staff the CPC in a 4 to 1 vote denied the appeal and approved the project. CPC APPEAL Appeals of the County Planning Commission’s approval of County File #CDTP24-00064 were filed by Robert Eisele on May 23, 2025, and by Judy Huggins, Heidi Welsh, and Tony Kalliaras on behalf of Bryan Ranch Homeowners, on May 27, 2025. The main points of the appeals are summarized below, followed by staff responses. APPEAL OF ROBERT EISELE 1)The appellant states that staff failed to address and failed to provide Commissioners with the Professional Engineer’s Risk Assessment Report submitted by the appellant. Staff Response: A letter prepared by Peter Geissler, Ph.D., P.E., of Geissler Engineering, dated April 4, 2025, and titled “Engineer’s Opinion Letter”, was submitted by the appellant, Robert Eisele, on April 4, 2025. Staff accepted the letter as a public comment submitted for the project. The opinion letter was included in the Public Comments attachment to the staff report for the County Planning Commission meeting. 2)The Commission ignored substantial evidence supporting all required findings. Staff Response: In making their decision, the Commission considered all evidence before them, including materials provided by the applicant and the appellant as well as analysis by staff in their report to the CPC. 3)The appellant states that the dismissal of feasible roof-mounted solar alternative contradicts County policies requiring consideration of alternatives that would preserve trees. Staff Response: The decision to choose a ground-mounted or roof-mounted PV system is at the sole discretion of the property owner. The project is for the removal of three code protected oak trees for the installation of a ground mounted solar installation and staff’s analysis and the Planning Commission’s decision was based on the scope of the project put before them. Nevertheless, staff and the Planning Commission considered whether the proposed residential solar project constitutes reasonable development and whether the project could be reasonably accommodated elsewhere on the lot. Given both state and County policies promoting residential solar energy systems, the proposed project constitutes reasonable development. And evidence was provided by the applicant and considered by staff and the Commission that existing improvements, topographical constraints, and large mature redwood trees in the southern area of or adjacent to the subject property precluded the reasonable accommodation of the proposed system elsewhere on the parcel. Moreover, roof-top mounting was also not a feasible or reasonable alternative due to the need for costly structural improvements to the residence. 4)The appellant states that reliance on “private property rights” in a planned unit development is inappropriate and that the applicant/property owner does not have unrestricted property rights to alter the subject property. The appellant believes that the HOA’s actions of maintaining the property means the applicant/property owner does not have full rights to develop this part of the property. CONTRA COSTA COUNTY Printed on 12/31/2025Page 4 of 9 powered by Legistar™ File #:25-4443,Version:1 Staff Response: The subject property is located within the Planned Unit District (P-1) zoning district which allows for reasonable development of the property guided pursuant to development standards and requirements of the P-1 District. A residential ground-mounted PV system is an accessory structure and use that is auxiliary to a single-family residential dwelling, which is permitted in a P-1 district and is allowed by the California Solar Rights Act. 5)The appellant states that there is a prescriptive easement on the area between the applicant’s backyard fence and Stone Valley Road held by and in favor of the Bryan Ranch HOA. Staff Response: Any prescriptive easement that exists on the subject property would be under the responsibility of the holder of the easement, whether that is Bryan Ranch HOA or another entity, and would be a private, civil matter. There is no evidence in the record that an easement of any type has been established on the subject property. 6)The appellant states that the comparison to the neighboring solar equipment installation is misleading and invalid. Staff Response: Staff agrees that in their staff report to the CPC, the neighboring ground-mounted solar equipment was incorrectly described as a PV system like the one being proposed for the subject property. It is a smaller system (approximately 400 square feet in area) that was installed at-grade. However, the neighboring system was similarly installed on the western-facing hillside and surrounded by a similar wooden fence as proposed to be constructed around the PV system for the subject property for screening from views from Stone Valley Road. 7)The appellant states that the Commission failed to apply the required findings under County Municipal Code 816-6.8010, which outlines the legal factors for tree removal. Staff Response: The appellant argues that the permit should be denied based on the factors listed in the County’s Tree Protection Ordinance. While some of the listed factors may support a decision to deny the permit, others do not. Staff and the Commission weigh multiple factors in determining whether to issue a tree permit. Here, the appellant argues that the subject trees are healthy, stable, and pose no structural or fire hazard; no arborist found the trees to be unsalvageable or unsafe; and reasonable development of the lot does not require tree removal due to the viable alternative of roof solar. Staff was not presented evidence disputing the heath of the trees proposed for removal. But the applicant did provide evidence of the reasonableness of the proposed development and other limitations on the property, such as other improvements, topography, other trees, and costs, supporting the proposed location for the residential solar system. The appellant also argued that a reasonable redesign could avoid tree removal; removal would likely adversely impact erosion, slope stability, and drainage; the roof solar alternative would eliminate the need for 120’ of trenching required in the applicant’s proposed plan; the value of the trees to the neighborhood outweighs any hardship to the applicant; and alternatives such as relocating site improvements or using alternative foundation types were ignored. Evidence presented by the applicant and considered by staff and the Commission does not support these arguments. Large mature redwoods on the project site and adjacent properties and topographical constraints limit alternative project locations and costly improvements make roof-top installation infeasible. Moreover, the removal of CONTRA COSTA COUNTY Printed on 12/31/2025Page 5 of 9 powered by Legistar™ File #:25-4443,Version:1 three trees is not likely to have a significant impact on erosion, slope stability, and drainage as there will be a number of larger mature trees that will remain on the property that will continue lessen the impact on erosion, provide slope stability, and preserve existing drainage patterns on the property. The 120’ of trenching for conduits does not impact any trees and serves an important function for the operation of the PV system. The testimony of the parties leaves unanswered whether the value of the trees to the neighborhood is greater that the hardship to the owner if not allowed to remove the three subject trees. Locating the PV system on another area of the property could possibly result in the alteration or removal of more than just three trees due to other areas of the property having more mature trees that are bigger in size than the subject trees or a more costly design of the project if the project needs to be changed to a roof-mounted PV system. Thus, pursuant to County Code Section 816-6.8000, the Zoning Administrator considered the factors for approval or denial of the tree permit and found that reasonable development of the property would require the alteration or removal of the subject trees and that this project could not be reasonably accommodated on another area of the lot. The Commission considered the same factors and approved the tree permit. APPEAL OF JUDY HUGGINS, HEIDI WELSH, AND TONY KALLIARAS ON BEHALF OF BRYAN RANCH HOMEOWNERS 1)The appellants state that the project is not categorically exempt under CEQA Section 15303(e) as exemptions depend on the project characteristics, such as size, location, and environmental impact and asserts that the project size is 2,100 square feet exceeding CEQA’s small structure threshold. Staff Response: CEQA Guidelines do not specify size limits or location requirements for accessory structures and neither the County Zoning Ordinance nor State Law place size restrictions or location requirements on solar projects for residential use. Based on the site plan dimensions and staff’s measurements, the approximate size of the PV system is 673 square feet and the approximate size of the area surrounded by the proposed fencing is 1,315 square feet. In addition to asserting that the project size is 2,100 square feet, the appellant also provides examples of an average sized garage of 308 square feet, a swimming pool with an average size of 600 square feet, and a larger sized garage at 1,200 square feet. All of these varying sizes of accessory structures would still be exempt under CEQA Guidelines. Thus, the proposed project to install a residential ground-mounted PV system and to construct a new, 6-foot-tall fence surrounding the PV system, which are accessory to the primary residential use of the property, is categorically exempt from CEQA under Section 15303(e) of the CEQA Guidelines related to new construction of accessory structures, which have been determined not to have a significant effect on the environment. 2)The appellant states that the site plan submitted by the Contractor and relied upon in the staff report inaccurately depicts the location and size of the solar array. The appellant further states that the solar array is consistently drawn on the site plans as 8 feet wide and 22 feet long based on the scale provided on each plan and that the location of the valley oak 10 feet west of the proposed PV system is inaccurate based on the 19-foot distance between the existing fence and the valley oak. The appellant is concerned that these inaccuracies depict a far less intrusive project onto the hillslope. Staff Response: The plans provided by the applicant are scaled drawings. As part of staff’s review of the plans, staff verified the measurements provided on the plans using the scale provided. Staff measured the length of the array at approximately 40 feet in length and 13 feet in width. The dimensions provided on the structural drawing of the array are 39’-9” in length and either 15’ or 17’ in CONTRA COSTA COUNTY Printed on 12/31/2025Page 6 of 9 powered by Legistar™ File #:25-4443,Version:1 width depending on whether or not extensions/overhangs are measured. Furthermore, the distance between the existing fence and the valley oak is measured to be approximately 28 feet, the distance between the PV system and the valley oak to be approximately 10 feet, and the distance between the PV system and the property line fronting Stoney Valley Road to be approximately 32 feet, more than sufficient to meet the 15-foot minimum setback required for this side of the property. With staff verifying the accuracy of the dimensions and location of the PV system, it is unlikely that the depiction of the visual impact of the project is misrepresented on the plans. 3)The appellant states that the sloped hillside at issue for the project installation meets the four elements (“Open and Notorious” “Continuous” “Hostile and Adverse” and “Duration”) required to qualify as a Prescriptive Easement. Staff Response: See above response to Mr. Eisele’s comment #5. 4)The appellant is concerned that the staff report to the CPC contains multiple factual errors, due to lack of accurate, consistent information provided by the applicant, homeowner, or the HOA property management. Staff Response: The majority of the issues identified as errors in the staff report have been addressed above. However, Ms. Huggins’ additional concerns are summarized below: ·The appellant states that the staff report to the CPC contains errors related to the visual impact on the neighbors and community, and on the entrance to Bryan Ranch. Staff Response: Staff agrees that the project will have some visual impact. However, based on information received from the Byran Ranch HOA, their approval includes a condition that requires the property owner to minimize visual impacts by installing a wooden fence around the PV system and planting photinia around the fencing. ·The appellant states that the staff report contains errors related to the historical use of the area as Association open space. The appellant further states that the hillside slope is currently maintained and landscaped as open space by the HOA with the planting of a continuous row of 25 sycamore trees and maintaining an open grass hillside continuously along Stone Valley Road all the way to the next privately owned property at Virginia Lane. Staff Response: The entire project area would occupy approximately 1,315 square feet area on the northwestern portion of the subject property. The subject property is 44,000 square feet (1.01 acres) in area and the entirety of the PV system and fencing would cover approximately 0.03 percent of the property. Therefore, the majority of the area on the western side of the subject property will remain undeveloped. The row of sycamore trees located within the right-of -way along Stone Valley Road will not be impacted. ·The appellant states the inclusion of inaccurate information by a representative of Common Interest Management Services is another error in the staff report as they did not have approval of the HOA Board to submit a position on its behalf. Staff Response: Public comments provided by a representative of Common Interest Management Services to the Department of Conservation and Development, Community Development Division, were received prior to scheduling the hearing before the CPC. Thus, CONTRA COSTA COUNTY Printed on 12/31/2025Page 7 of 9 powered by Legistar™ File #:25-4443,Version:1 their comments were included as an attachment to the staff report. ·The appellant states that the staff report erroneously identifies the neighboring solar pool heater panel array as a ground-mounted PV system which the appellant claims was installed without the appropriate approvals. The appellant is also concerned that the proposed PV system on the subject property may cause safety hazards for drivers, and the additional fencing will contribute to an uneven and disconnected area of fencing along the hillside. Staff Response: Although staff incorrectly described the neighboring ground-mounted solar equipment as a PV system in their staff report to the CPC as discussed in the response to appellant Mr. Eisele (above), the neighboring system was similarly installed on the western- facing hillside and surrounded by a similar wooden fence as proposed for the subject property for screening from views from Stone Valley Road. The proposed PV system on the subject property will be partially screened from view by the wooden fence, and as proposed by the applicant, the wooden fence will be partially screened with photinia plants. Additionally, the panels will be partially shielded from view from the Stone Valley right-of-way by the row of sycamore trees along Stone Valley Road. Finally, the PV system would be installed at an elevation approximately 20 feet above the roadway, further reducing their visibility from the right-of-way. Thus, the potential for safety hazards for drivers is minimized. The existing trees and new plantings by the property owner will reduce the appearance of an uneven and disconnected area of fencing along the hillside. 5)The appellant states that by permitting a highly visible, ground-mounted solar installation of this size on a small, prominent hillside risks establishing a dangerous precedent that could alter Bryan Ranch’s cohesive aesthetic as well as aesthetics in other Contra Costa County neighborhoods may set a precent for other homeowners to install a similar ground-mounted PV array adjacent to the street, in their front yard, on their back fence, or in the driveway. Staff Response: Solar projects are regulated by the State of California under the California Solar Rights Act, California Civil Code Section 714, which does not specify size requirements for solar projects. Throughout the unincorporated areas of the County, there are solar projects on residential properties that vary in size and placement. These solar projects are still subject to minimum setback requirements which will prevent future ground-mounted solar projects from being installed adjacent to streets, in front yards, on back fences, or in the driveway if they would also be in the required setbacks or yards. Therefore, this project to install a residential ground-mounted PV system will not set a dangerous precedent. 6)Engineering report not addressed. Staff Response: See above response to Mr. Eisele’s comment #1. 7)The appellant states that the removal of three native oak trees is not only environmentally detrimental but also unnecessary and that the preliminary Tree Planting Plan provided by the property owner shows that the replacement trees are non-native and invasive species. Staff Response: The three subject trees will need to be removed for the PV system to be installed and operate normally, and the removal of three trees is not expected to have a significant impact on the environment. The subject property has multiple mature trees of different sizes and species, including redwoods and other oak trees, that will be preserved. To ensure that the replacement trees are native and CONTRA COSTA COUNTY Printed on 12/31/2025Page 8 of 9 powered by Legistar™ File #:25-4443,Version:1 non-invasive, staff has modified the tree restitution condition of approval to require that the replacement trees be drought-tolerant and native to the region. CONCLUSION The proposed project to install a new ground-mounted solar installation for residential use is consistent with the applicable goals and policies of the Single-Family Residential-Low Density (SL) General Plan land use designation in which the property was previously located. According to all of the information available for this application and based on the attached findings, the project is consistent with the intent and purpose of the P-1 zoning district and applicable R-15 development standards for the subject P-1 district. Given the topographical constraints of the property, the proposed installation of the ground-mounted residential solar/PV system is a reasonable development of the property that would require the removal of three code-protected oak trees. Therefore, staff recommends that the Board of Supervisors deny the appeal and approve County File #CDTP24 -00064, based on the attached findings and subject to the attached modified conditions of approval. CHILDREN'S IMPACT STATEMENT None. This project is a proposal for the installation of a residential ground-mounted solar/PV system that requires the removal of three code-protected oak trees on the subject property. CONSEQUENCE OF NEGATIVE ACTION: In the event that the Board of Supervisors grants the appeals, the applicant will not obtain the required tree permit needed to allow the removal of the three subject trees for the installation of a residential ground- mounted solar/PV system. The applicant, ArborTech Tree Care Inc., and the owners, Bruce & Grace Ginn, would be unable to move forward with the project as proposed. CONTRA COSTA COUNTY Printed on 12/31/2025Page 9 of 9 powered by Legistar™ Page 1 of 6 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #CDTP24-00064, CARLOS RAMIREZ, ARBORTECH TREE CARE INC. (APPLICANT) AND BRUCE & GRACE GINN (OWNERS) FINDINGS A. Tree Permit Findings The County 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: 1.Reasonable development of the property would require the alteration or removal of the trees and this development could not be reasonably accommodated on another area of the lot. Finding: The three trees located on the subject property are part of a natural stand of four or more mature oak trees whose species are included in the County's list of indigenous trees (County Code Section 816-6.6004(1)(A)). Removal of the three code-protected oak trees is necessary for the installation and normal operation of the ground-mounted solar/PV panels for residential use, which the property owner has stated is being installed to offset the rising costs of electricity. The coast live oak and blue oak trees are within the footprint of the ground-mounted solar/PV panels and the valley oak tree is located just west of the PV panels where it would block sunlight during the afternoon and reduce the panels’ ability to produce electricity. Due to existing improvements and large mature redwood trees in the southern area of or adjacent to the subject property, the solar/PV panels could not be reasonably accommodated elsewhere on the lot. In addition, the property owner has indicated that they could not feasibly install solar panels on the roof of the residence without first needing to make costly structural improvements to the residence. B. California Environmental Quality Act (CEQA) Findings The project is exempt under CEQA Guidelines, Section 15303(e), regarding new construction of an accessory structure. The project involves the installation of a residential ground-mounted solar/PV system and a 6-foot-tall wooden fence surrounding the PV system which are accessory to the primary residential use of the property. Therefore, pursuant to Section 15303(e) of the CEQA Guidelines, the project to install a residential ground-mount solar/PV system and wooden fence is exempt. 1256 Page 2 of 6 CONDITIONS OF APPROVAL Permit Approval 1.Tree Permit approval is granted to allow the removal of three (3) code-protected trees: one (1) 14” valley oak, one (1) 10” blue oak, and one (1) 11” coast live oak, for the installation of ground-mounted solar/photovoltaic (PV) panels on the subject property, based on and as generally shown on the application materials submitted to the Department of Conservation and Development, Community Development Division (CDD) on September 26, 2024, and revised site plan received on March 10, 2025. Application Costs 2. The Tree Permit application was subject to an initial deposit of $750.00. Applications are subject to time and material costs if the application review expenses exceed the initial deposit.Any additional fee due must be paid prior to an application for a grading or building permit, or 60 days of the effective date of this permit, whichever occurs first.The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2019/553, where a fee payment is over 60 days past due, the Department of Conservation and Development may seek a court judgement against the applicant and will charge interest at a rate of ten percent (10%) from the date of judgement. The applicant may obtain current costs by contacting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. General Provisions 3. Approval of this permit does not constitute a building permit. Building or grading permits from the County shall be obtained, as necessary, for any development approved as part of this permit. Tree Removal/Alteration 4. Prior to removing the subject oak trees, the applicant shall obtain the necessary building permit(s) for installation of the solar/PV panels on the subject property. 5. Any tree alteration, removal, or encroachment within a dripline of a code-protected tree or trees not identified in this permit may require submittal of a separate Tree Permit application. 1257 Page 3 of 6 Restitution for Tree Removal 6. The following measures are intended to provide restitution for the removal of code-protected trees: a. Planting and Irrigation Plan:Prior to CDD stamp approval of plans for the issuance of a building permit,the applicant shall submit a tree planting and irrigation plan prepared by a licensed arborist or landscape architect for the review and approval of the Department of Conservation and Development, Community Development Division (CDD). The plan shall provide for the planting of three (3) trees, minimum 15-gallon size,that are drought- tolerant and of a species that is native to the region. The plan shall comply with the County’s Water Efficient Landscapes Ordinance (Chapter 82-26) and verification of such shall accompany the plan.The plan shall be implemented prior to final building inspection. b. Required Security to Assure Completion of Plan Improvements: A security shall be provided to ensure that the approved planting and irrigation plan is implemented.Prior to CDD stamp approval of plans for the issuance of a building permit,the applicant shall submit an estimate prepared by a licensed landscape architect, arborist, or landscape contractor for the materials and labor costs to complete the improvements (accounting for purchase and installation of trees and any necessary irrigation). Upon approval of the estimate by the CDD, the applicant shall submit a security in the amount of the approved cost estimate plusa 20% inflation surcharge. 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. d. Duration of Security: When the replacement trees and irrigation have been installed and prior to final inspection, the applicant shall submit a letter to the CDD, composed by a licensed arborist, landscape architect, or landscape contractor, verifying that the installation has been done in accordance with the approved planting and irrigation plan. The security shall be retained by the County for a minimum of 12 months and up to 24 months beyond the date of receipt of this letter. As a prerequisite to releasing the security between 12- and 24-months following the receipt of the letter, the applicant shall arrange for the consulting arborist to inspect the replacement trees and to prepare a report on 1258 Page 4 of 6 the trees’ health. The report shall be submitted for the review of the CDD and shall include any additional measures necessary for preserving the health of the trees. Any replacement tree that dies within the first year of being planted shall be replaced by another tree of the same species and size. If the CDD determines that the applicant has not been diligent in ensuring the health of the replacement trees, then all or part of the security may be used by the County to ensure that the approved restitution plan is successfully implemented. Arborist Expense 7. The applicant shall be responsible for all arborist expenses related to the work authorized by this permit. Construction Period Restrictions and Requirements 8. The applicant shall comply with the following restrictions and requirements.These restrictions shall be included on the construction drawings: a. A good faith effort shall be made to avoid interference with existing neighborhood traffic flows and to minimize project-related disruptions to adjacent properties. b. Transporting heavy equipment and trucks shall be limited to weekdays between the hours of 9:00 AM and 4:00 PM and prohibited on federal and state holidays. c. 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) Presidents’ Day (State) Cesar Chavez Day (State) Memorial Day (State and Federal) Juneteenth National Independence Day (Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (Federal) Veterans Day (State and Federal) 1259 Page 5 of 6 Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For information on the actual days and dates that these holidays occur, please visit the following websites: Federal Holidays:https://www.federalreserve.gov/aboutthefed/k8.htm California Holidays:https://www.sos.ca.gov/state-holidays d. 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. e. The site shall be maintained in an orderly fashion. Litter and debris shall be contained in appropriate receptacles and shall be disposed of as necessary. Any debris found outside the site shall immediately be collected and deposited in appropriate receptacles. f. The applicant shall immediately notify the CDD of any damage that occurs to any trees during the construction process. Any tree not approved for destruction or removal that dies or is significantly damaged as a result of construction or grading shall be replaced with a tree or trees of equivalent size and of a species as approved by the CDD to be reasonably appropriate for the particular situation. g. No parking or storage of vehicles, equipment, machinery, or construction materials and no dumping of paints, oils, contaminated water, or any chemicals shall be permitted within the drip line of any tree to be preserved. h. No grading, compaction, stockpiling, trenching, paving, or change in ground elevation shall be permitted within the drip line of any tree intended for preservation unless such activities are indicated on the improvement plans approved by the CDD. If any of the activities listed above occur within the drip line of a tree to be preserved, an arborist may be required to be present. The arborist shall have the authority to require implementation of measures to protect the tree. 1260 Page 6 of 6 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 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90 days of the approval date of this permit. B. Additional requirements may be imposed by the following agencies: •Department of Conservation and Development, Building Inspection Division •San Ramon Valley Fire Protection District (SRVFPD) •Central Contra Costa Sanitary District (Central San) •East Bay Municipal Utility District (EBMUD) •Contra Costa County Environmental Health Division Prior to applying for a building permit, the applicant is strongly encouraged to contact these agencies. 1261 1262 1263 1264 1265 May 27, 2025 Appeal of Planning Commission Decision Approving Removal of 3 Protected Native Oak Trees CDTP24-00064 19 Jay Court, Alamo, CA Dear Contra Costa County Board of Supervisors We, concerned residents of the Bryan Ranch community, respectfully appeal the Planning Commission’s approval (CDTP24-00064) to remove three protected native Oak trees at 19 Jay Court, Alamo, CA, on a west-facing slope, treated as HOA open space and located on the sole access road to the development. While the Architectural Review Committee (ARC) initially approved the project, that approval was subsequently revoked once the staked layout of the project revealed that the submitted plans did not fully or accurately represent the scope, visual impact, and positioning of the installation. Unfortunately, despite the ARC’s revocation of its approval, the ARC’s decision was appealed by the Homeowner and later approved by the HOA Board — a decision we strongly believe was based on misleading, inaccurate, and incomplete information provided to the HOA Board. There are several critical concerns that warrant a formal reconsideration and denial of this project: 1. CEQA Exemption Misapplication 2. Contractor Licensing and Credibility 3. Misrepresentation of Plans and Visual Impact 4. Prescriptive Easement 5. Errors in Staff Report 6. Dangerous Precedent Setting 7. Engineering Report Not Addressed 8. Unnecessary Tree Removal 1. CEQA Exemption Misapplication The project is not categorically exempt under California Environmental Quality Act (“CEQA”) Section 15303(e). Exemptions depend on the project characteristics, such as size, location, and environmental impact. Relevant to the request submitted by the Homeowner, the exemption 15303(e) refers to “small" projects. While the term “small” is not defined in CEQA, there are several examples provided for reference (garages, carports, patios, swimming pools, and fences). The Staff Report calculates the size of the solar array with fence as 1,200 sq. ft. (Staff Response item 2 page 5 and Staff Response Item 3, page 5). Two of the structures provided for reference in the CEQA code as ‘small structures’ are garages (average size 308 sq. ft.) and swimming pools (average size 600 sq. ft.). A garage the size of the proposed 1,200 sq. ft. project would comfortably hold four cars. The proposed project is four times the size of the average garage and twice the size of the average swimming pool and far exceeds CEQA’s “small” structure threshold. We assert that the proposed project’s actual size is 2,100 sq ft (35 ft. x 60 ft.) to comply with California Fire Code Section 1205.5.1 (Ground-mounted Photovoltaic panel systems, Vegetation Control), not the 1200 sq. ft. as represented by the Homeowner, Contractor, and Staff Report. California Fire Code Section 1205.5.1 mandates a clear, brush-free area of 10 feet around the perimeter of the panels. Additionally, a noncombustible base, like gravel or a maintained vegetative surface is required under Bryan Ranch Entrance 1266 on 05/27/2025 By Contra Costa County Department of Conservation and Development CDTP24-00064 the arrays. Based on the information provided by the Homeowner and contained within the Staff Report, the approved size does not comply with the Fire Code. Based on our calculated project size of 2,100 sq. ft., a similar sized garage would comfortably fit 6-8 vehicles, far exceeding the standards for exemption as provided in 15303(e). To further quantify the size of the project, if the project were to be installed as a rooftop solar system, it would not qualify for SolarAPP+ expedited permitting as it exceeds the size maximum of 10kW. The wattage size of 11.2 kW therefore should also exclude this system from exemption under CEQA 15303(e). The installation must also be reviewed for Environmental Impact. Staff Report item 3 page 5 states: “the property owner has indicated to staff that the stumps and root systems of the subject trees will remain intact and in the ground which will provide continuing stability of the hillside. Therefore, it is not expected that there will be significant impact on the structural integrity of the slopping hillside due to erosion…” Leaving the tree stumps intact violates the California Fire Code and undermines the aforementioned Staff statement regarding erosion mitigation. The 2,100 sq ft footprint far exceeds the CEQA standards for ‘small’ and the requirements of the California Fire Code increase the likelihood of environmental impacts, including erosion. Therefore, the project is not exempt under 15303(e). 2. Contractor Licensing and Credibility The contractor for this project,Freedom Forever, LLC, Greg Russell Albright, RMO (CSLB License 1029644) (“Contractor”) was presented as a qualified expert during the commission hearing and his statements were relied upon by Staff in preparing the Staff Report and evaluating alternate installation locations (Staff Response item 4). However, according to the California Contractors State License Board, this Contractor has more than thirteen citations against his license and as of September 4, 2024, in a Stipulated Settlement and Disciplinary Order filed by the Attorney General of California, the Contractor’s license was revoked. The Settlement stayed the revocation and Freedom Forever was placed on probation for three years with conditions as outlined in the Settlement. A $100,000 bond was required to be posted by the Contractor in response to the excessive and continual nature of complaints against him. Freedom Forever’s Contractor’s license expires 8/31/2025, raising concerns about his continuing license status. Item 11 of the Stipulated Settlement and Disciplinary Order states: “No New Applications. While Respondent Freedom LLC’s license is on probation, no CSLB application for culpable personnel will be processed for a new or reissued license. Respondent Freedom LLC shall retain the ability to replace its Responsible Managing Officer (RMO).” Complaints in the Attorney General’s Accusation that are specifically relevant to this project include “willfully departed from accepted trade standards for good and workmanlike construction”, including failing to properly install a roof mounted system resulting in a failed roof, and failure to adequately measure and plan and/or failure to follow measurements or plans. In addition to the multiple complaints outlined in the Accusation, the Settlement estimated there were approximately forty-five additional unresolved consumer complaints against the Contractor. (A copy of the Attorney General’s Accusation and Stipulated Settlement are included in this packet). As further described in Section 3 below, the plans submitted by the Contractor for this project are not in compliance with the Fire Code, nor do they accurately represent the location of the array. As indicated in other complaints filed against him, he has previously failed to adequately measure and plan for his projects. In this particular case, he has represented a 1200 sq. ft. installation, when in fact to be compliant it must be at least 2100 sq ft. which is similar to the size of some of the homes in Bryan Ranch. 1267 Given the terrain and engineering challenges posed by the hillside, there is significant concern regarding the Contractor’s qualifications to carry out such a sensitive installation without compromising the stability of the slope and the surrounding environment. It is also reasonable to conclude that the Contractor failed to properly consider or advance a roof mounted alternative based on his negative history with such installations. Private property rights in the U.S. are not absolute; they’re subject to regulations balancing individual freedom with public interests like environmental protection. In California, native oak trees are protected due to their ecological value—stabilizing soil, supporting biodiversity, and mitigating climate impacts. Local ordinances, rooted in state laws like the California Environmental Quality Act (CEQA), prioritize these benefits over unrestricted property rights. 3. Misrepresentation of Plans and Visual Impact The Site Plan submitted by the Contractor and relied upon in the Staff Report inaccurately depicts the location and size of the solar array. The solar array is consistently drawn in the Site Plans as 8 feet wide and 22 feet long based on the scale provided on each plan. However, the technical specifications specify the proposed solar array to be 15 ft. by 40 ft. The Site Plans are either intentionally or negligently in error. The submitted Plans depict a far less intrusive project onto the hillslope than will exist after installation. The Site Plan errors are egregious to the extent they cannot be relied upon for the purpose of approving any aspect of this project. Furthermore, the Plans submitted show the Valley Oak tree located outside of the proposed installation. The Staff Report (item VI.) states the valley oak is located approximately 10 feet west of the proposed PV system.This is physically impossible based on the 19 ft. distance between the existing fence and the Valley Oak and the dimensions of the project. The drawings also misrepresent the solar array positioning as fully between the Blue Oak and Coast Live Oak trees. Essentially, the visual representations provided in the Site Plans are inaccurate and misleading, leading to faulty conclusions in the Staff Report. These errors also raise concern over whether the 15-foot secondary front setback requirement will be met. 4. Prescriptive Easement Qualification The sloped hillside at issue for the project installation meets the four elements required to qualify as a Prescriptive Easement. The project site, part of parcel 193-670-016, qualifies as a prescriptive easement due to the HOA’s 40+ years of open, continuous and hostile use. - “Open and Notorious”: this requirement is met as the HOA planted, watered, and maintained the five Sycamore trees along with the other 89 HOA owned trees which are on HOA land and designated ‘open space’ areas. The HOA also serviced the area annually by discing for fire mitigation paid for by the members of the association. This activity was clearly visible to the current Homeowner, and he took no action since purchasing the property in 1999. - “Continuous”: the use was continuous as HOA fire mitigation, annual discing, and tree maintenance has regularly occurred since the Homeowner purchased the property. - “Hostile and Adverse”: use of the land has been exclusive and not shared with others who have the owner’s consent. As stated above, the HOA has maintained the property without the Homeowner’s permission, which is considered hostile and adverse use. Additionally, the Homeowner failed to maintain the hillside, despite ARC rules while the HOA used the area consistent with other Association open space, adverse to the owner’s claim. 1268 - “Duration”: All of this exceeds California’s five-year requirement for a prescriptive easement claim. The Homeowner abdicated maintenance of the area at issue to the HOA by failing to comply with the following CC&R: “Maintenance of Lawns and Plantings: Landscaping plans for areas adjacent to any streets shall be submitted to the Committee for approval within eight (8) months of occupancy.” As you can see in Exhibit A, other neighbors whose property backs up to Stone Valley have landscaped their yards – all except for this Homeowner and the immediately adjacent property. Additionally, the Homeowner has not complied with the following ARC rule: Slope areas shall be maintained by the owner in a neat, orderly and safe condition and in such a manner to enhance their appearance and to maintain established land contours and prevent erosion and land slide problems. All slope areas facing the street or neighbor shall have some form of ground cover to meet these requirements. Based on the above, all of the elements for Prescriptive Easement are met and the HOA has easement rights to this location. The HOA Board would be required to obtain approval of its membership prior to releasing these Easement rights. 5. Errors in the Staff Report The Staff Report contains multiple factual errors, likely due to the lack of accurate, consistent information provided by the Homeowner, Contractor, and the HOA’s property management. These errors include, but are not limited to: a) Misrepresenting the solar array size on the submitted drawings; b) Misrepresenting the solar array placement on the hillside relative to Oak trees; c) Misrepresenting the extent of array intrusion onto the hillside on the Site Plans; d) Diminishing the visual impact on the neighbors and community; e) Diminishing the visual impact as related to the entrance to Bryan Ranch; f) Dismissing the historical use of the area as Association open space; g) Inclusion of inaccurate information by Common Interest who did not have approval of the HOA Board to submit a position on its behalf; and h) Erroneous identification and status of the adjacent fence enclosure. Items a) through e) have been addressed elsewhere; however, item f) and g) are further explained below. Item F: The hillside slope is currently maintained and landscaped as open space with the planting of a continuous row of 25 Sycamore trees and open grass hillside continuously along Stone Valley Road and continuing unabated to the next privately owned property at Virginia Lane. This use is consistent with all other HOA owned open space areas along Stone Valley Road (See Video email to Nai Stephens). All other privately owned backyard or side yard sloped areas fronting Stone Valley Road are planted and maintained by the homeowner. Upon entering Bryan Ranch, neighbors are used to driving past open space lined with beautiful Sycamore trees. The proposal at issue will introduce a disjointed fence surround and solar structure that is not in alignment with any other fences in the community and permanently alter the look and feel of Bryan Ranch. Properly Maintained Slope 1269 Item G: The Staff Report references and relies upon a March 17, 2025, letter from “Marnie Collier, Executive Vice President of Common Interest Management Services”. The Staff Report references this letter as being written “for the Bryan Ranch HOA Board of Directors” and in support of the application. Based on information obtained to date, there is no evidence that the HOA Board requested, reviewed, or supported this document. Additionally, the March 17 letter is factually incorrect and contains significant omissions in that it fails to state the ARC revoked its approval; fails to include the history of the neighboring pool solar fence (see below); and makes personal unnecessary and unbecoming attacks on a current homeowner. Ms. Collier overstepped the boundaries of her role as “support” to the HOA Board, not the voice of the HOA Board. Item H: Item VII.2 in the Staff Report references a ‘ground mounted PV system adjacent to the proposed project’. There is no other ground mounted PV system visible in the neighborhood, and more specifically not along the main entrance to the community – Stone Valley Road. The adjacent fence enclosure referenced contains a pool passive solar array. This enclosure was not approved by the HOA ARC or Board. It was built in violation of HOA procedure and rules, and the house was sold with the pool system violation. It was the subject of many homeowner complaints and in 2024; and recently in an effort to improve the visual view of the entrance, it was agreed the illegal fence would be replaced. The fence enclosure is significantly smaller than the proposed solar array, and pool solar panels are flat to the ground whereas the PV solar panels will be 4-6’ off the ground on a 26–30-degree slope. The proposed panels will be completely visible from all neighbors coming and going. Not only will such solar array be an eye sore for the neighborhood, but potential reflection risk may cause safety hazards for drivers. An additional fence would only increase the affront and create an uneven and disconnected area of fencing along this hillside. Existence of the adjacent fence structure should not be interpreted as an indication that a similar installation is desirable. 6. Dangerous Precedent Setting Permitting this size of highly visible, ground-mounted solar installation on a small, prominent hillside — particularly when roof-mounted alternatives are viable — risks establishing a precedent that could alter Bryan Ranch’s cohesive aesthetic as well as the visual aesthetics in other Contra Costa County neighborhoods. The Bryan Ranch development also supports and provides access to Mt. Diablo State 1270 Park for many residents of Contra Costa County. Multiple trailheads to Mt. Diablo Park begin within Bryan Ranch and are intended to support the “open space” feel of the neighborhood. A decision to approve the solar installation doesn’t only impact the residents of Bryan Ranch, but everyone who comes to the neighborhood to hike the trails. To be more specific, one of the most populated trailheads begins just at the entrance to Bryan Ranch. Visitors to that trail head park along this portion of Stone Valley Road. Local school sports teams use the area for after school training in running and mountain biking. Allowance of this installation sets a precedent for any other homeowner to install a similar ground mounted PV array adjacent to the street, in their front yard, on their back fence, or in the driveway – it’s a slippery slope. Residential ground-mounted systems of this size are rare in Contra Costa County’s neighborhoods and are typically confined to large (1+ acre) properties with screening or a good distance from any main artery to a neighborhood. Located along the sole access road, this structure would be highly visible and introduce a precedent that would erode the community’s open-space character. The Bryan Ranch community is very supportive of solar energy as evidenced by the numerous installations. Many of these homeowners have successfully installed roof mounted solar with similar considerations of surrounding trees and shake roofs. It is imperative that proper consideration and evaluation of a roof mounted system be undertaken prior to approving removal of the 3 Oak trees and altering the native character of the hillside. Further, two of the Commissioners appeared to dismiss any concerns or considerations regarding this project, expressing that the private property rights and the Solar Rights Act all but eliminate any other considerations, including HOA approval and concerns about native Oak removals. While some decisions are justified under the umbrella of personal property rights, this is not the sole criteria when considering the broader community standards, HOA CC&Rs, and neighborhood aesthetics. By purchasing a home in an HOA, homeowners voluntarily enter into a contractual agreement which limits certain property rights in exchange for community benefits, such as community standards, enjoyed by all members of the community. 7. Engineering Report Not Addressed The engineering report shared at the hearing raised significant concerns about the potential instability and environmental impact of installing 28 solar panels on a steep hillside. This report appears not to have been considered as part of the Board’s final approval. Any resulting damage to community infrastructure — including roads and underground utilities — would be the liability of the Homeowner and Contractor, who already demonstrate signs of unreliability as a bond of $100,000 would not cover the damage to the hillside and the street 8. Unnecessary and Harmful Tree Removal The removal of three native Oak trees is not only environmentally detrimental but unnecessary. The prevalent installation for solar systems in the community, as well as in the State in general, is roof mounted solar. Many neighbors have installed solar panels on roofs with less sunlight exposure than this property receives. This includes shake roofs. In evaluating alternate locations, the Staff Report relies on the statements of the Contractor and Homeowner. As the project Contractor has significant license citations, particularly as it relates to prior roof mounted solar projects, evaluations for alternate locations should be obtained from reputable contractors. If ground-mounting is absolutely preferred, there are alternative locations higher on the lot that would preserve native Oak trees and be less detrimental to the community. The purpose of the Tree Preservation section of the code is to preserve trees in the unincorporated area of the county on “private property in the interest of the public health, safety and welfare and 1271 to preserve scenic beauty.” Further the section states, “(t)rees provide soil stability, improve drainage conditions, provide habitat for wildlife and provide aesthetic beauty.....”(Section 816- 6.2004(1-2)). This location in the Diablo Range and abutting the Mount Diablo has long been of particular importance to the residents of Contra Costa County for native tree and habitat preservation. In the submitted Tree Plan, the Homeowner proposes to remove three healthy, well established native Oak trees and replace them with a Pepper Tree (Schinus Molle), a Chinese Pistache (Pistacia Chinensis) and a Meyer Lemon. The Chinese Pistache is native to China, Taiwan, and the Philippines. It is invasive in nature and has caused its use in California to be of concern. The Pepper Tree is also a non-native tree, originating from the Andes mountains in Peru, and is listed in the UC IPM Invasive Plants of California (published 6/17) on the “Other invasive plant species of horticultural origin” table. It is designated to have invaded Central Coast, South Coast, Central Valley, and the Sierra Nevada and Cascade Mountains of California. It is important, especially in areas such as Bryan Ranch that are adjacent to natural habitats, to be avoidant of planting trees that have invasive tendencies. None of the three proposed replacement trees should be considered a good alternative to a native Oak tree in terms of ecological benefits and environmental impact. Permitting the removal of our native Oak trees, particularly in the Diablo range and habitat so interconnected with the State Park, is also a dangerous precedent. If each Oak tree removal is considered as independent and insignificant to the whole, then the impact of the removals is minimized, especially when replaced with non-native species. It is our contention that the native Oak trees should not be removed. However, should the tree removals be approved, they should be replaced with native Oaks. At minimum, they should be replaced with a tree species native to the Diablo range. Continued removal of these native trees will ultimately have a significant and long-lasting impact on the natural habitat and native species in the region, especially these areas so closely interconnected with Mt. Diablo State Park. Solutions and Recommendations In light of the above, we respectfully request the following actions be considered: 1. Deny the tree removal request, requiring the homeowner to either relocate the project higher on their property or consider a roof-mounted solution. Or in the alternative: 2. Return the issue to the Planning Department for re-evaluation without the CEQA exemption and require updated plans that include accurate measurements, alternative proposals, engineering details, tree protection options, and contractor licensing disclosures. We believe it is both possible and necessary to find a balanced solution that respects the Homeowner’s desire for sustainable energy while also preserving the visual, structural, and environmental integrity of our shared neighborhood. Thank you for your time and consideration of these important issues. Sincerely, On Behalf of Concerned Bryan Ranch Homeowners Judy Huggins (189 Emmons Canyon Ln, Alamo, 925.788.0422), Heidi Welsh (1301 Virginia St, Alamo), and Tony Kalliaras (1316 Virginia St), and many more. 1272 PR O J E C T S I T E CD T P 2 4 - 0 0 0 6 4 12 7 3 12 7 4 12 7 5 12 7 6 Freedom Forever COUNTY OF CONTRA COSTA 5/9/2023 BRUCE GINN Job Address:19 JAY CT, ALAMO, CA 94507 Plan revisions noted below. 1.The BOM has been updated as per the requirement 2. ADD STRUCTURAL HAS BEEN UPDATED. 3.The report has been added. 1277 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 CO D E I N F O R M A T I O N BU I L D I N G I N F O R M A T I O N FO O T I N G T Y P E : C O N C R E T E P I E R CO N S T R U C T I O N T Y P E : V - B CO N C R E T E P I E R Q U A N T I T Y : 1 4 AP N : 1 9 3 6 7 0 0 1 6 8 BR U C E G I N N 11 . 2 0 0 K W D C G R I D T I E D P H O T O V O L T A I C S Y S T E M 19 J A Y C T , A L A M O , C A 9 4 5 0 7 AE R I A L V I E W TH E I N S T A L L A T I O N O F S O L A R A R R A Y S A N D P H O T O V O L T A I C PO W E R S Y S T E M S S H A L L C O M P L Y W I T H T H E F O L L O W I N G C O D E S : VI C I N I T Y V I E W GR O U N D M O U N T S O L A R P E R M I T P A C K A G E PV - 1 . 0 CO V E R P A G E GE N E R A L N O T E S : 1. L O C A L U T I L I T Y P R O V I D E R S H A L L B E N O T I F I E D P R I O R T O U S E A N D A C T I V A T I O N O F A N Y S O L A R P H O T O V O L T A I C I N S T A L L A T I O N · 2. T H I S P R O J E C T S H A L L C O M P L Y W I T H L O C A L O R D I N A N C E S · 3. P R O P E R A C C E S S A N D W O R K I N G C L E A R A N C E W I L L B E P R O V I D E D · 4. A L L E L E C T R I C A L W O R K S H O W N O N T H E S E P L A N S W I L L B E C O M P L E T E D B Y T H E U N D E R S I G N E D · 5. A L L A P P L I C A B L E P V E Q U I P M E N T L I S T E D A N D C O M P L I A N T W I T H U L 2 7 0 3 , U L 1 7 4 1 A N D U L 1 7 0 3 6. A L L R O O F P E N E T R A T I O N S T O B E S E A L E D W I T H A H I G H P E R F O R M A N C E R O O F S E A L A N T S U C H A S G e o C e l 2 3 0 0 C L E A R S E A L A N T · 7. T H E S Y S T E M W I L L N O T B E I N T E R C O N N E C T E D U N T I L A P P R O V A L F R O M T H E L O C A L J U R I S D I C T I O N A N D T H E U T I L I T Y I S O B T A I N E D · 8. T H E S O L A R P H O T O V O L T A I C I N S T A L L A T I O N S H A L L N O T O B S T R U C T A N Y P L U M B I N G , M E C H A N I C A L , O R B U I L D I N G R O O F V E N T S · 9. I F T H E E X I S T I N G M A I N P A N E L D O E S N O T H A V E V E R I F I A B L E G R O U N D I N G E L E C T R O D E , I T I S T H E N E C E S S A R Y T O I N S T A L L A S U P P L E M E N T A L GR O U N D I N G E L E C T R O D E · 10 . E A C H M O D U L E W I L L B E G R O U N D E D U L 2 7 0 3 O R U L 1 7 0 3 A P P R O V E D U S I N G T H E S U P P L I E D C O N N E C T I O N P O I N T S I D E N T I F I E D O N T H E MO D U L E A N D T H E M A N U F A C T U R E R ' S I N S T A L L A T I O N I N S T R U C T I O N S " · 11 . A L A D D E R S H A L L B E I N P L A C E F O R T H E I N S P E C T I O N I N C O M P L I A N C E W I T H O S H A R E G U L A T I O N S · 12 . M A X H E I G H T O F M O D U L E S O F F O F R O O F F A C E : < 6 " · 13 . P H O T O V O L T A I C S Y S T E M W I L L C O M P L Y W I T H 2 0 2 2 C E C . · 14 . P H O T O V O L T A I C S Y S T E M I N V E R T E R I S U N G R O U N D E D . N O C O N D U C T O R S A R E S O L I D L Y G R O U N D E D I N T H E I N V E R T E R , A N D S Y S T E M CO M P L I E S W I T H 6 9 0 . 3 5 . · 15 . M O D U L E S C O N F O R M T O A N D A R E L I S T E D U N D E R U L 1 7 0 3 . · 16 . I N V E R T E R C O N F O R M S T O A N D I S L I S T E D U N D E R U L 1 7 4 1 . · 17 . E L E C T R I C A L E Q U I P M E N T A N D M A T E R I A L T O B E L I S T E D , L A B E L E D , A N D I N S T A L L E D P E R T H E C E C , T H E I N S T A L L A T I O N ST A N D A R D S / M A N U F A C T U R E R ' S R E C O M M E N D A T I O N S A N D I F R E Q U I R E D A R E C O G N I Z E D E L E C T R I C A L T E S T I N G L A B O R A T O R Y . · 18 . C O N D U I T S E X P O S E D T O S U N L I G H T O N R O O F S H A L L B E L O C A T E D N O T L E S S T H A N 7 / 8 " A B O V E R O O F S U R F A C E . 19 . I N E X P O S E D L O C A T I O N S , W I R I N G A N D C A B L I N G S H A L L B E I N C O N D U I T O R C A B L E S H A L L B E R A T E D F O R E X P O S U R E ; T Y P E N M C A B L E AL L O W E D I N P R O T E C T E D L O C A T I O N S . W I T H I N A T T I C S P A C E S , A L L O W E D T O R U N T Y P E N M ( R O M E X ) 1 0 / 3 O R 1 2 / 3 C O N D U C T O R S T H R O U G H OP E N S P A C E O R T Y P E T H H N I N M I N I M U M 3 / 4 " A L U M I N U M C O N D U I T 20 . M A T E R I A L S , E Q U I P M E N T A N D I N S T A L L A T I O N S H A L L C O M P L Y W I T H T H E R E Q U I R E M E N T S , S T A N D A R D S , R U L E S A N D R E G U L A T I O N S O F T H E FO L L O W I N G A N D B E M O S T S U I T A B L E T O T H E P U R P O S E I N T E N D E D : MA I N S E R V I C E P A N E L : E X I S T I N G 2 0 0 A M P S M S P O N H O T F E D IN T E R C O N N E C T I O N : P V B R E A K E R OC P D R A T I N G : 4 0 A M P S UT I L I T Y : PA C I F I C G A S A N D E L E C T R I C C O M P A N Y TI L T : 30 ° AZ I M U T H : 18 4 ° OP T I M I Z E R S : (2 8 ) S O L A R E D G E : S 4 4 0 IN V E R T E R : SO L A R E D G E : S O L A R E D G E S E 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] AT T A C H M E N T T Y P E : IR O N R I G D G E G R O U N D M O U N T S Y S T E M W I T H IR O N R I D G E X R - 1 0 0 0 R A I L PV S Y S T E M S U M M A R Y : AH J : CO U N T Y O F C O N T R A C O S T A SY S T E M S I Z E ( D C ) : S T C : 4 0 0 x 2 8 = 1 1 . 2 0 0 k W D C : PT C : 3 7 2 . 3 x 2 8 = 1 0 . 4 2 4 4 k W D C SY S T E M S I Z E ( A C ) : 7. 6 0 0 k W A C @ 2 4 0 V MO D U L E S : (2 8 ) F R E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 20 2 2 C A L I F O R N I A B U I L D I N G C O D E 20 2 2 C A L I F O R N I A F I R E C O D E 20 2 2 C A L I F O R N I A P L U M B I N G C O D E 20 2 2 C A L I F O R N I A M E C H A N I C A L C O D E 20 2 2 C A L I F O R N I A E N E R G Y C O D E 20 2 2 C A L I F O R N I A R E S I D E N T I A L C O D E 20 2 2 C A L I F O R N I A A D M I N I S T R A T I V E C O D E 20 2 2 C A L I F O R N I A E L E C T R I C A L C O D E SH E E T I N D E X PV - 1 . 0 CO V E R P A G E PV - 2 . 0 SI T E P L A N SA F E T Y P L A N PV - 3 . 0 PV - 4 . 0 PV - 5 . 0 ST R U C T U R A L EL E C T R I C A L 3 L D OP T I M I Z E R C H A R T PV - 6 . 0 EL E C T R I C A L S L D PV - 8 . 0 PV - 7 . 0 EL E C T R I C A L P H O T O S SA F E T Y P L A N BO M SP E C . S H E E T S MO U N T I N G P L A N PV - 1 0 . 0 PV - 9 . 0 SI G N A G E PV - 1 1 . 0 PV - 1 2 . 0 PV - 1 3 . 0 + PV - 9 . 1 PL A C A R D OC C U P A N C Y : R 3 / U 5/ 8 / 2 0 2 3 12 7 8 o n 0 9 / 2 6 / 2 0 2 4 By C o n t r a C o s t a C o u n t y De par t m e n t o f C o n s e r v a t i o n a n d D e v e l o pme n t CD T P 2 4 - 0 0 0 6 4 14 5 ' 71' 185 ' 38' 150 ' 136'-4" 46 ' - 6 " 69 ' - 5 " 26 ' - 1 " 76 ' - 1 " JB MSP AC UM AC IN V SUB SUB JB MSP AC UM AC IN V SUB SUB PV - 2 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 NO T E S : 1. M I N O R F I E L D A D J U S T M E N T S A L L O W E D B A S E D ON A C T U A L S I T E C O N D I T I O N A N D ME A S U R E M E N T S . 2. T H E 3 0 S E C O N D S H U T D O W N R E Q U I R E M E N T I S IN C O R P O R A T E D I N T O T H E 2 0 2 2 C E C A N D U L ST A N D A R D 1 7 4 1 . 3. E X I S T I N G R O O F V E N T S H O U L D N O T B E CO V E R E D . SI T E P L A N SC A L E : 1 / 6 4 " = 1 ' - 0 " SI T E P L A N 1 LE G E N D MO D U L E MS P AC JB AC D I S C O N N E C T MA I N S E R V I C E P A N E L JU N C T I O N B O X IN V IN V E R T E R UT I L I T Y M E T E R UM RO O F O B S T R U C T I O N S AP N : 1 9 3 6 7 0 0 1 6 8 AC R E A G E : 4 . 4 2 A C R E S EN L A R G E V I E W DR I V E W A Y JAY COURT RO O F L I N E PR O P E R T Y L I N E FE N C E FE N C E (N ) J - B O X RO O F O B S T R U C T I O N PO O L (E ) M A I N S E R V I C E P A N E L (E ) U T I L I T Y M E T E R (N ) # 1 I N V E R T E R : S O L A R E D G E SE 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] (N ) A C D I S C O N N E C T (N ) F U S E D A C D I S C O N N E C T PR O P E R T Y L I N E (N ) 3 / 4 " P V C U N D E R G R O U N D CO N D U I T @ 1 8 " B E L O W GR A D E ~ 1 2 0 ' ( T R E N C H E D ) SU B SU B P A N E L (E ) S U B P A N E L A (N ) S U B P A N E L 5/ 8 / 2 0 2 3 12 7 9 14 5 ' 40 ' - 2 " 13 6 ' - 4 " 46 ' - 6 " 20 ' - 5 " 26 ' - 1 " JB MSP AC UM AC IN V SUB SUB 17 ' - 8 " 32 ' - 1 " 12 4 ' - 2 " 13 ' - 7 " 40 ' - 2 " 81 ' - 1 1 " 18 ' - 8 " 15 8 ' - 8 " 15 0 ' JB AC IN V MSP AC UM SUB SUB PV - 2 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 3/ 6 / 2 0 2 5 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 6 UP D A T E D D E S I G N 3/ 6 / 2 0 2 5 NO T E S : 1. M I N O R F I E L D A D J U S T M E N T S A L L O W E D B A S E D ON A C T U A L S I T E C O N D I T I O N A N D ME A S U R E M E N T S . 2. T H E 3 0 S E C O N D S H U T D O W N R E Q U I R E M E N T I S IN C O R P O R A T E D I N T O T H E 2 0 2 2 C E C A N D U L ST A N D A R D 1 7 4 1 . 3. E X I S T I N G R O O F V E N T S H O U L D N O T B E CO V E R E D . SI T E P L A N SC A L E : 1 / 3 2 " = 1 ' - 0 " SI T E P L A N 1 LE G E N D MO D U L E MS P AC JB AC D I S C O N N E C T MA I N S E R V I C E P A N E L JU N C T I O N B O X IN V IN V E R T E R UT I L I T Y M E T E R UM RO O F O B S T R U C T I O N S AP N : 1 9 3 6 7 0 0 1 6 8 AC R E A G E : 1 . 0 1 A C R E S DR I V E W A Y JAY COUR T (E ) P R O P E R T Y L I N E (E ) F E N C E (E ) F E N C E (E ) P O O L PR O P E R T Y L I N E SU B SU B P A N E L (E ) T R E E N) 3 / 4 " P V C U N D E R G R O U N D CO N D U I T @ 1 8 " B E L O W GR A D E ~ 1 2 0 ' ( T R E N C H E D ) RE M O V E TR E E STONE V A L L E Y R D TR E N C H C O N D U I T MAIN H O U S E EN L A R G E V I E W EN L A R G E V I E W 5' (N ) F E N C E : 6 ' H E I G H T B O A R D O N B O A R D 5' (N ) R E D T I P PH O T I N I A (N ) 6 F E E T RE D W O O D BO A R D (E ) F E N C E NE W P R O P O S E D S O L A R EQ U I P M E N T N E A R M A I N SE R V I C E P A N E L NO T E : TR E E S R E M O V A L S W I L L B E D O N E V I A CL I M B I N G T H E T R E E S . N O C R A N E O R H E A V Y MA C H I N E R Y W I L L B E U S E D . (E ) T R E E (E ) T R E E (E ) T R E E ST A M P E D 0 3 / 0 7 / 2 0 2 5 12 8 0 o n 0 3 / 1 0 / 2 0 2 5 By C o n t r a C o s t a C o u n t y De par t m e n t o f C o n s e r v a t i o n a n d D e v e l o pme n t CD T P 2 4 - 0 0 0 6 4 Re v i s e d 32 . 2 0 f t 16.07 ft 150 f t 158 . 7 0 f t 14 4 . 9 9 f t 136.29 ft 40.03 ft 13 . 1 5 f t 93.1 0 f t Dist a n c e : 150 . 0 0 f t JB MSP AC UM AC IN V SUB SUB So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 3/ 6 / 2 0 2 5 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 6 UP D A T E D D E S I G N 3/ 6 / 2 0 2 5 PV - 3 . 0 TR E E P L A N SC A L E : 1 / 3 2 " = 1 ' - 0 " TR E E P L A N 1 LE G E N D MO D U L E MS P AC JB AC D I S C O N N E C T MA I N S E R V I C E P A N E L JU N C T I O N B O X IN V IN V E R T E R UT I L I T Y M E T E R UM RO O F O B S T R U C T I O N S (N ) J - B O X (N ) A C D I S C O N N E C T (N ) I N V E R T E R : S O L A R E D G E SE 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] (N ) F U S E D A C D I S C O N N E C T (E ) M A I N S E R V I C E P A N E L (E ) U T I L I T Y M E T E R (N ) 3 / 4 " P V C U N D E R G R O U N D CO N D U I T @ 1 8 " B E L O W GR A D E ~ 1 2 0 ' ( T R E N C H E D ) (N ) # 2 8 F R E E D O M F O R E V E R : FF - M P - B B B - 4 0 0 JAY CO U R T SU B SU B P A N E L (E ) S U B P A N E L A (N ) S U B P A N E L STONE V A L L E Y R D (E ) BL U E O A K 1 0 ' ' DB H 1 1 ' S P R E A D (E ) V A L L E Y O A K 1 4 ' ' D B H 16 ' S P R E A D (E ) V A L L E Y O A K 1 0 ' ' D B H 8' S P R E A D (E ) C O A S T L I V E O A K 1 1 " DB H 1 2 ' S P R E A D (E ) 3 X C O A S T A L R E D W O O D 3 0 ' ' D B H 3X 1 4 ' S P R E A D (E ) C H I N E S E E L M 1 4 ' ' D B H 13 ' S P R E A D TR E E (N ) R E D T I P P H O T I N I A NO T E : TR E E S R E M O V A L S W I L L B E D O N E V I A CL I M B I N G T H E T R E E S . N O C R A N E O R H E A V Y MA C H I N E R Y W I L L B E U S E D . (N) P E P P E R T R E E (S C H I N U S M O L L E - 1 5 G A L L O N S I Z E ) (N) CH I N E S E P I S T A C H E (P I S T A C I A C H I N E N S I S - 1 5 G A L L O N S I Z E ) (N ) ME Y E R L E M O N TR E E ( 1 5 G A L L O N SI Z E ) ST A M P E D 0 3 / 0 7 / 2 0 2 5 12 8 1 JB MSP AC UM AC IN V SUB SUB PV - 3 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 MO U N T I N G P L A N SC A L E : 1 / 1 6 " = 1 ' - 0 " MO U N T I N G P L A N 2 LE G E N D MO D U L E MS P AC JB AC D I S C O N N E C T MA I N S E R V I C E P A N E L JU N C T I O N B O X IN V IN V E R T E R UT I L I T Y M E T E R UM RO O F O B S T R U C T I O N S AR R A Y T Y P E AZ I M U T H # O F MO D U L E S GR O U N D M O U N T 1 2 4 28 (N ) J - B O X (N ) A C D I S C O N N E C T (N ) I N V E R T E R : S O L A R E D G E SE 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] (N ) F U S E D A C D I S C O N N E C T (E ) M A I N S E R V I C E P A N E L (E ) U T I L I T Y M E T E R (N ) 3 / 4 " P V C U N D E R G R O U N D CO N D U I T @ 1 8 " B E L O W GR A D E ~ 1 2 0 ' ( T R E N C H E D ) (N ) # 2 8 F R E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 AR R A Y A R E A SQ . F T . 67 2 . 6 4 JAY COURT SU B SU B P A N E L (E ) S U B P A N E L A (N ) S U B P A N E L 5/ 8 / 2 0 2 3 12 8 2 Su b a r r a y # 1 Ro w s 4 Co l u m n s 7 # A r r a y s 1 Ar e a 39 ' 9 " ( E W ) × 1 5 ' 2 " ( N S ) Ra i l t y p e XR 1 0 0 0 Di a g o n a l b r a c i n g no E/ W s p a c i n g 12 ' Ra i l c a n t i l e v e r 3' 4 " Pi p e c a n t i l e v e r 1' 1 0 " Pi e r s / a r r a y 8 To t a l s o u t h p i e r s 4 ( 6 ' ) To t a l n o r t h p i e r s 4 ( 7 ' 1 1 " ) To t a l c r o s s p i p e s 2 ( 3 9 ' 9 " ) To t a l p i p e l e n g t h 13 5 ' 4 " Sh e a r 1, 5 3 2 l b s Mo m e n t 3, 8 3 0 f t - l b s Up l i f t -1 , 3 2 1 l b s 39 ' 9 " 17' 15' 1' 1 0 " CA N T I L E V E R 12 ' E- W P I E R S P A C I N G 9'N-S PIER SPACING CR O S S P I P E L E N G T H XR 1 0 0 0 R a i l Fr o n t V i e w 3” T O P C A P 3” P I P E / T U B I N G 3” R A I L C O N N E C T O R XR 1 0 0 0 R A I L PV M O D U L E Si d e V i e w 3” P I P E / T U B I N G 3” T O P C A P 3” R A I L C O N N E C T O R XR 1 0 0 0 R A I L PV M O D U L E UN I V E R S A L F A S T E N I N G O B J E C Cl a m p D e t a i l Mi d C l a m p , P l a n UN I V E R S A L FA S T E N I N G OB J E C T PV M O D U L E FR A M E Mi d C l a m p , F r o n t RA I L PV M O D U L E FR A M E UN I V E R S A L FA S T E N I N G OB J E C T En d C l a m p , P l a n ST O P P E R SL E E V E UN I V E R S A L FA S T E N I N G OB J E C T PV M O D U L E FR A M E RA I L 1” En d C l a m p , F r o n t PV M O D U L E FR A M E RA I L UN I V E R S A L FA S T E N I N G OB J E C T ST O P P E R SL E E V E 1” 204 " RA I L 2' HO L E D I A M E T E R 5' 6" DE P T H HO L E 3' 8" 2' 4" 4' 3" 5' 1" CL E A R A N C E NO R T H 2' 1" CL E A R A N C E SO U T H N- S P I E R S P A C I N G 9' 10 ° 20 ° 30 ° So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 PV - 4 . 0 ST R U C T U R A L 5/ 8 / 2 0 2 3 12 8 4 WI R E S C H E D U L E RA C E W A Y # EQ U I P M E N T WI R E L O C A T I O N CO N D U C T O R QT Y . AW G WI R E SI Z E ST A R T I N G AL L O W A B L E AM P A C I T Y 31 0 . 1 5 ( B ) ( 1 6 ) TE M P E R A T U R E RA T I N G ( ° C ) ST A R T I N G CU R R E N T AP P L I E D T O CO N D U C T O R S IN R A C E W A Y TE M P E R A T U R E CO R R E C T I O N FA C T O R 31 0 . 1 5 ( B ) ( 2 ) ( a ) AD J U S T M E N T FA C T O R F O R MO R E T H A N 3 CO N D U C T O R S 31 0 . 1 5 ( B ) ( 3 ) ( a ) AD J U S T E D CO N D U C T O R AM P A C I T Y MA X I M U M CU R R E N T AP P L I E D T O CO N D U C T O R S IN R A C E W A Y 1 D C M O D U L E TO O P T I M I Z E R R O O F / F R E E - A I R 2 10 4 0 9 0 ° 13 . 7 9 0 . 9 6 1 38 . 4 0 17 . 2 4 2 D C O P T I M I Z E R TO J U N C T I O N B O X R O O F / F R E E - A I R 2 10 4 0 9 0 ° 15 0 . 9 6 1 38 . 4 0 1 8 . 7 5 3 DC J U N C T I O N B O X T O IN V E R T E R E X T E R I O R W A L L 4 10 4 0 9 0 ° 15 0 . 9 6 0. 8 3 0 . 7 2 1 8 . 7 5 4 A C I N V E R T E R TO A C D I S C O N N E C T E X T E R I O R W A L L 3 6 5 0 75 ° 3 2 0. 9 6 1 48 . 0 0 4 0 . 0 0 5 AC A C D I S C O N N E C T T O F U S E D A C D I S C O N N E C T P V C TR E N C H I N G 3 6 5 0 75 ° 3 2 0. 9 6 1 48 . 0 0 4 0 . 0 0 6 AC F U S E D A C D I S C O N N E C T T O P O I EX T E R I O R W A L L 3 6 6 5 75 ° 3 2 0. 9 6 1 62 . 4 0 4 0 . 0 0 7 A C S U B P A N E L TO M S P EX T E R I O R W A L L 3 2 11 5 7 5 ° 80 0 . 9 6 1 11 0 . 4 0 1 0 0 . 0 0 UM (E ) U T I L I T Y ME T E R (N ) 1 0 0 A R A T E D SU B P A N E L 1P H , 1 2 0 / 2 4 0 V 6 0 H Z TO U T I L I T Y UN D E R G R O U N D FE E D (E ) G R O U N D I N G E L E C T R O D E CO N D U C T O R # 6 B A R E C O P P E R (N ) S O L A R E D G E SO L A R E D G E SE 7 6 0 0 H - U S R G M [2 4 0 ] [ S I 1 - S 8 ] IN V E R T E R AC DC RA P I D SH U T D O W N SW I T C H AC D I S C O N N E C T KN I F E B L A D E , LO C K A B L E , N E M A 3 R , UL L I S T E D SQ U A R E D D U 2 2 2 R B 3 - #8 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T (N ) 6 0 A R A T E D SO L A R E D G E S 4 4 0 PO W E R O P T I M I Z E R S JU N C T I O N BO X ST R I N G - 1 2 - # 1 0 A W G , P V W I R E 1 - # 6 A W G I N F R E E A I R O R #8 A W G M U S T B E I N E M T C O N D U I T ST R I N G - 2 SO L A R E D G E S 4 4 0 PO W E R O P T I M I Z E R S 2 - # 1 0 A W G , PV W I R E 14 FR E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 14 FR E E D O M FO R E V E R : F F - M P - B B B - 4 0 0 4 - # 1 0 A W G , T H W N - 2 1 - # 1 0 E G C , T H W N - 2 IN 3 / 4 " O R LA R G E R E M T C O N D U I T AC D I S C O N N E C T SQ U A R E D D 2 2 2 N R B W I T H 40 A F U S E S , KN I F E B L A D E , L O C K A B L E , NE M A 3 R , U L L I S T E D 3 - #6 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " P V C U N D E R GR O U N D C O N D U I T @ 18 " B E L O W G R A D E ~ 1 2 0 ' (T R E N C H E D ) (N ) 6 0 A F U S E D 3 - #6 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T EX I S T I N G W I R E (E ) 1 0 0 A R A T E D SU B P A N E L 1P H , 1 2 0 / 2 4 0 V 6 0 H Z (N ) 4 0 A / 2 P PV B R E A K E R (N ) 1 0 0 A / 2 P SU B P A N E L B R E A K E R (E ) 2 0 0 A R A T E D MA I N S E R V I C E PA N E L ( H O T B U S ) 1P H , 1 2 0 / 2 4 0 V 60 H Z (E ) 1 0 0 A / 2 P SU B P A N E L B R E A K E R (N ) 1 0 0 A / 2 P EX I S T I N G SU B P A N E L BR E A K E R 3 - #4 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T PV - 5 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 EL E C T R I C A L 3 L D BA C K F E E D B R E A K E R S I Z I N G MA X . C O N T I N U O U S O U T P U T 3 2 A @ 2 4 0 V 32 X 1 . 2 5 = 4 0 . 0 0 A M P S 4 0 A B R E A K E R - O K MA X D C C U R R E N T : I m a x = 1 . 2 5 X ( O P T I M I Z E R O U T P U T C U R R E N T ) = 1 . 2 5 X 1 5 = 1 8 . 7 5 A MA X A C C U R R E N T : I m a x = 1 . 2 5 X ( S U M O F M A X C O N T I N U O U S O U T P U T C U R R E N T F R O M I N V E R T E R S ) = 1 . 2 5 X ( 3 2 ) = 4 0 . 0 0 A NO T E : 1) C O N D U I T A N D C O N D U C T O R S S P E C I F I C A T I O N S A R E B A S E D O N M I N I M U M C O D E R E Q U I R E M E N T S AN D A R E N O T M E A N T T O L I M I T U P - S I Z I N G A S R E Q U I R E D B Y F I E L D C O N D I T I O N S . 2) A L L C O N D U C T O R S N O T U N D E R A R R A Y A R E T O B E I N C O N D U I T M I N I M U M 7 / 8 " A B O V E R O O F W I T H PR O P E R J U N C T I O N B O X A T E A C H E N D P E R 6 9 0 . 3 1 A MO D U L E I N F O MA K E / M O D E L F R E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 VO C 37 . 0 7 V VM P 31 . 0 1 V IS C 13 . 7 9 A IM P 12 . 9 0 A ST C R A T I N G 40 0 W PT C R A T I N G 37 2 . 3 W NO T E : R E L O C A T E T W O P O L E B R E A K E R FR O M M S P T O N E W S U B P A N E L 12 8 5 WI R E S C H E D U L E RA C E W A Y # EQ U I P M E N T WI R E L O C A T I O N CO N D U C T O R QT Y . AW G WI R E SI Z E ST A R T I N G AL L O W A B L E AM P A C I T Y 31 0 . 1 5 ( B ) ( 1 6 ) TE M P E R A T U R E RA T I N G ( ° C ) ST A R T I N G CU R R E N T AP P L I E D T O CO N D U C T O R S IN R A C E W A Y TE M P E R A T U R E CO R R E C T I O N FA C T O R 31 0 . 1 5 ( B ) ( 2 ) ( a ) AD J U S T M E N T FA C T O R F O R MO R E T H A N 3 CO N D U C T O R S 31 0 . 1 5 ( B ) ( 3 ) ( a ) AD J U S T E D CO N D U C T O R AM P A C I T Y MA X I M U M CU R R E N T AP P L I E D T O CO N D U C T O R S IN R A C E W A Y 1 D C M O D U L E TO O P T I M I Z E R R O O F / F R E E - A I R 2 10 4 0 9 0 ° 13 . 7 9 0 . 9 6 1 38 . 4 0 17 . 2 4 2 D C O P T I M I Z E R TO J U N C T I O N B O X R O O F / F R E E - A I R 2 10 4 0 9 0 ° 15 0 . 9 6 1 38 . 4 0 1 8 . 7 5 3 DC J U N C T I O N B O X T O IN V E R T E R E X T E R I O R W A L L 4 10 4 0 9 0 ° 15 0 . 9 6 0. 8 3 0 . 7 2 1 8 . 7 5 4 A C I N V E R T E R TO A C D I S C O N N E C T E X T E R I O R W A L L 3 6 5 0 75 ° 3 2 0. 9 6 1 48 . 0 0 4 0 . 0 0 5 AC A C D I S C O N N E C T T O F U S E D A C D I S C O N N E C T P V C TR E N C H I N G 3 6 5 0 75 ° 3 2 0. 9 6 1 48 . 0 0 4 0 . 0 0 6 AC F U S E D A C D I S C O N N E C T T O P O I EX T E R I O R W A L L 3 6 6 5 75 ° 3 2 0. 9 6 1 62 . 4 0 4 0 . 0 0 7 A C S U B P A N E L TO M S P EX T E R I O R W A L L 3 2 11 5 7 5 ° 80 0 . 9 6 1 11 0 . 4 0 1 0 0 . 0 0 UM (E ) U T I L I T Y ME T E R (N ) 1 0 0 A R A T E D SU B P A N E L 1P H , 1 2 0 / 2 4 0 V 6 0 H Z TO U T I L I T Y UN D E R G R O U N D FE E D (E ) G R O U N D I N G E L E C T R O D E CO N D U C T O R # 6 B A R E C O P P E R (N ) S O L A R E D G E SO L A R E D G E SE 7 6 0 0 H - U S R G M [2 4 0 ] [ S I 1 - S 8 ] IN V E R T E R AC DC RA P I D SH U T D O W N SW I T C H AC D I S C O N N E C T KN I F E B L A D E , LO C K A B L E , N E M A 3 R , UL L I S T E D SQ U A R E D D U 2 2 2 R B 3 - #8 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T (N ) 6 0 A R A T E D SO L A R E D G E S 4 4 0 PO W E R O P T I M I Z E R S JU N C T I O N BO X ST R I N G - 1 2 - # 1 0 A W G , P V W I R E 1 - # 6 A W G I N F R E E A I R O R #8 A W G M U S T B E I N E M T C O N D U I T ST R I N G - 2 SO L A R E D G E S 4 4 0 PO W E R O P T I M I Z E R S 2 - # 1 0 A W G , PV W I R E 14 FR E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 14 FR E E D O M FO R E V E R : F F - M P - B B B - 4 0 0 4 - # 1 0 A W G , T H W N - 2 1 - # 1 0 E G C , T H W N - 2 IN 3 / 4 " O R LA R G E R E M T C O N D U I T AC D I S C O N N E C T SQ U A R E D D 2 2 2 N R B W I T H 40 A F U S E S , KN I F E B L A D E , L O C K A B L E , NE M A 3 R , U L L I S T E D 3 - #6 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " P V C U N D E R GR O U N D C O N D U I T @ 18 " B E L O W G R A D E ~ 1 2 0 ' (T R E N C H E D ) (N ) 6 0 A F U S E D 3 - #6 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T EX I S T I N G W I R E (E ) 1 0 0 A R A T E D SU B P A N E L 1P H , 1 2 0 / 2 4 0 V 6 0 H Z (N ) 4 0 A / 2 P PV B R E A K E R (N ) 1 0 0 A / 2 P SU B P A N E L B R E A K E R (E ) 2 0 0 A R A T E D MA I N S E R V I C E PA N E L ( H O T B U S ) 1P H , 1 2 0 / 2 4 0 V 60 H Z (E ) 1 0 0 A / 2 P SU B P A N E L B R E A K E R (N ) 1 0 0 A / 2 P EX I S T I N G SU B P A N E L BR E A K E R 3 - #4 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 PV - 6 . 0 EL E C T R I C A L S L D BA C K F E E D B R E A K E R S I Z I N G MA X . C O N T I N U O U S O U T P U T 3 2 A @ 2 4 0 V 32 X 1. 2 5 = 4 0 . 0 0 A M P S 4 0 A B R E A K E R - O K MA X D C C U R R E N T : I m a x = 1 . 2 5 X ( O P T I M I Z E R O U T P U T C U R R E N T ) = 1 . 2 5 X 1 5 = 1 8 . 7 5 A MA X A C C U R R E N T : I m a x = 1 . 2 5 X ( S U M O F M A X C O N T I N U O U S O U T P U T C U R R E N T F R O M I N V E R T E R S ) = 1 . 2 5 X ( 3 2 ) = 4 0 . 0 0 A NO T E : 1) C O N D U I T A N D C O N D U C T O R S S P E C I F I C A T I O N S A R E B A S E D O N M I N I M U M C O D E R E Q U I R E M E N T S AN D A R E N O T M E A N T T O L I M I T U P - S I Z I N G A S R E Q U I R E D B Y F I E L D C O N D I T I O N S . 2) A L L C O N D U C T O R S N O T U N D E R A R R A Y A R E T O B E I N C O N D U I T M I N I M U M 7 / 8 " A B O V E R O O F W I T H PR O P E R J U N C T I O N B O X A T E A C H E N D P E R 6 9 0 . 3 1 A MO D U L E I N F O MA K E / M O D E L F R E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 VO C 37 . 0 7 V VM P 31 . 0 1 V IS C 13 . 7 9 A IM P 12 . 9 0 A ST C R A T I N G 40 0 W PT C R A T I N G 37 2 . 3 W NO T E : R E L O C A T E T W O P O L E B R E A K E R FR O M M S P T O N E W S U B P A N E L 12 8 6 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 BO M EL E C T R I C A L E Q U I P M E N T S QT Y . PA R T PA R T # DE S C R I P T I O N 28 MO D U L E FF - M P - B B B - 4 0 0 FR E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 28 OP T I M I Z E R S4 4 0 SO L A R E D G E S 4 4 0 P O W E R O P T I M I Z E R S 1 JU N C T I O N B O X 48 0 - 2 7 6 60 0 V D C N E M A 3 R U L L I S T E D J U N C T I O N B O X 1 I N V E R T E R SO L A R E D G E S E 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] SO L A R E D G E S O L A R E D G E S E 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] 2 4 0 V 1 A C D I S C O N N E C T DU 2 2 2 R B 60 A R A T E D 2 4 0 V A C N E M A 3 R U L L I S T E D 1 F U S E D A C D I S C O N N E C T D2 2 2 N R B 60 A R A T E D 2 4 0 V A C N E M A 3 R U L L I S T E D 1 SU B P A N E L 10 0 A S U B P A N E L 10 0 A D E D I C A T E D S U B P A N E L BR E A K E R A N D F U S E S QT Y . PA R T PA R T # DE S C R I P T I O N 1 B R E A K E R 40 A 2 - P O L E B R E A K E R ( S ) GE N E R A L 4 0 A 2 - P O L E B R E A K E R ( S ) 1 S U B P A N E L B R E A K E R 10 0 A 2 - P O L E B R E A K E R ( S ) GE N E R A L 1 0 0 A 2 - P O L E B R E A K E R ( S ) MA T E R I A L L I S T PV - 7 . 0 RA C K I N G QT Y . PA R T PA R T # DE S C R I P T I O N 14 R A I L XR - 1 0 0 0 - 2 0 4 A XR 1 0 0 0 , R A I L 2 0 4 " ( 1 7 F E E T ) C L E A R 42 M I D C L A M P UF O - C L - 0 1 - A 1 UN I V E R S A L M O D U L E C L A M P , C L E A R 28 E N D C L A M P UF O - S T P - 3 5 M M - M 1 ST O P P E R S L E E V E , 3 0 M M , M I L L 6 SG A T O P C A P 70 - 0 3 0 0 - S G A SG A T O P C A P A T 3 " 28 RA I L C O N N E C T O R GM - B R C 3 - 0 1 - M 1 GR O U N D M O U N T B O N D E D R A I L C O N N E C T O R - 2 " 1 G R O U N D I N G L U G XR - L U G - 0 3 - A 1 GR O U N D I N G L U G , L O W P R O F I L E 12 8 7 PV - 8 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 EL E C T R I C A L PH O T O S EX I S T I N G S E R V I C E P A N E L P H O T O S 12 8 8 PV - 9 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 1. C E C AR T I C L E S 6 9 0 A N D 7 0 5 A N D CE C SE C T I O N R 3 2 4 M A R K I N G S SH O W N H E R E O N . 2. A L L M A R K I N G S H A L L C O N S I S T O F T H E F O L L O W I N G : A. U V R E S I S T A N T S I G N M A T E R I A L W I T H E N G R A V E D O R MA C H I N E P R I N T E D L E T T E R S O R E L E C T R O - P L A T I N G . B. R E D B A C K G R O U N D C O L O R W H I T E T E X T A N D L I N E WO R K . C. A E R I A L F O N T . 3. A L L S I G N S S H A L L B E S I Z E D A P P R O P R I A T E L Y A N D P L A C E D I N TH E L O C A T I O N S S P E C I F I E D . S I G N A G E C A N N O T B E HA N D - W R I T T E N . 4. S I G N S S H A L L B E A T T A C H E D T O T H E S E R V I C E E Q U I P M E N T W I T H PO P - R I V E T S O R S C R E W S . NO T E S : SI G N A G E M CE C 6 9 0 . 5 4 CE C 7 0 5 . 1 2 ( D ) ( 2 ) ( 3 ) ( b ) [N o t r e q u i r e d i f p a n e l b o a r d i s r a t e d n o t le s s t h a n s u m o f a m p e r e r a t i n g s o f a l l ov e r c u r r e n t d e v i c e s s u p p l y i n g i t ] "W A R N I N G " DU A L P O W E R S O U R C E S SE C O N D S O U R C E I S P H O T O V O L T A I C S Y S T E M RA T E D A C O U T P U T C U R R E N T - 32 AM P S AC N O R M A L O P E R A T I N G V O L T A G E - 2 4 0 V O L T S WA R N I N G : PO W E R S O U R C E O U T P U T CO N N E C T I O N DO N O T R E L O C A T E T H I S OV E R C U R R E N T D E V I C E . AC PV S Y S T E M A C D I S C O N N E C T RA T E D A C O U T P U T C U R R E N T - 32 AM P S AC N O R M A L O P E R A T I N G V O L T A G E - 2 4 0 V O L T S WA R N I N G : P H O T O V O L T A I C PO W E R S O U R C E IN V E R T E R AR R A Y J/ B CE C 6 9 0 . 3 5 ( F ) [O n l y r e q u i r e d f o r u n d e r g r o u n d sy s t e m ] WA R N I N G : EL E C T R I C S H O C K H A Z A R D . T H E D C CO N D U C T O R S O F T H I S P H O T O V O L T A I C SY S T E M A R E U N G R O U N D E D A N D M A Y BE E N E R G I Z E D CE C 7 0 5 . 1 2 ( D ) ( 2 ) ( 3 ) [M a r k e d o n j u n c t i o n / c o m b i n e r b o x e s an d c o n d u i t e v e r y 1 0 * ] CE C 6 9 0 . 5 ( C ) [N o r m a l l y a l r e a d y p r e s e n t o n l i s t e d i n v e r t e r s ] "W A R N I N G " EL E C T R I C S H O C K H A Z A R D IF A G R O U N D F A U L T I S I N D I C A T E D , NO R M A L L Y G R O U N D E D C O N D U C T O R S MA Y B E U N G R O U N D E D A N D E N E R G I Z E D CE C 6 9 0 . 1 7 ( E ) "W A R N I N G " EL E C T R I C S H O C K H A Z A R D DO N O T T O U C H T E R M I N A L S TE R M I N A L S O N B O T H L I N E A N D L O A D SI D E M A Y B E E N E R G I Z E D I N T H E OP E N P O S I T I O N "W A R N I N G " TH I S E Q U I P M E N T F E D B Y M U L T I P L E S O U R C E S . TO T A L R A T I N G O F A L L O V E R C U R R E N T D E V I C E S , EX C L U D I N G M A I N S U P P L Y O V E R C U R R E N T D E V I C E , SH A L L N O T E X C E E D A M P A C I T Y O F B U S B A R CE C 7 0 5 . 1 2 ( D ) ( 2 ) ( 3 ) ( c ) [R e q u i r e d o n n e w l o a d c e n t e r i f a n s w e r e d ʺNO ʺto s t e p S 1 3 ] CE C 6 9 0 . 5 4 TU R N R A P I D S H U T D O W N SW I C H T O T H E " O F F " PO S I T I O N T O S H U T D O W N PV S Y S T E M A N D R E D U C E SH O C K H A Z A R D I N A R R A Y SO L A R P V S Y S T E M E Q U I P P E D WI T H R A P I D S H U T D O W N SO L A R E L E C T R I C PV P A N E L S CE C 6 9 0 . 5 6 ( C ) ( 1 ) 12 8 9 JB MSP AC UM AC IN V SUBSUB PV - 9 . 1 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 PL A C A R D CA U T I O N RE M O T E L Y L O C A T E D D I S C O N N E C T SW I T C H A N D M E T E R PH O T O V O L T A I C B A C K - F E D C I R C U I T B R E A K E R I N M A I N E L E C T R I C A L PA N E L I S A C D I S C O N N E C T P E R C E C 6 9 0 . 1 7 JAY COURT FU S E D A C DI S C O N N E C T MA I N S E R V I C E P A N E L IN V E R T E R UT I L I T Y M E T E R PV A R R A Y AC D I S C O N N E C T SU B P A N E L SU B P A N E L A 12 9 0 JB AC IN V PV - 1 0 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 OP T I M I Z E R C H A R T SO L A R E D G E O P T I M I Z E R C H A R T 1- 1 0 1 2 3 4 11 - 2 0 21 - 3 0 3 1 - 4 0 4 1 - 5 0 5 1 - 6 0 5 6 7 8 9 10 12 9 1 JB MSP AC UM AC IN V SUB SUB SA F E T Y P L A N MA R K U P K E Y IN S T R U C T I O N S : 1. U S E S Y M B O L S I N K E Y T O M A R K U P T H I S S H E E T . 2. S A F E T Y P L A N M U S T B E M A R K E D B E F O R E J O B ST A R T S A S P A R T O F T H E P R E - P L A N 3. D O C U M E N T A L L A D D I T I O N A L H A Z A R D S O N T H I S P A G E & M A K E N O T E S O N T H E J H A S H E E T IN C A S E O F E M E R G E N C Y NE A R E S T H O S P I T A L O R O C C U P A T I O N A L / I N D U S T R I A L C L I N I C NA M E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AD D R E S S : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SA F E T Y C O A C H C O N T A C T I N F O R M A T I O N NA M E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AD D R E S S : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AL L E M P L O Y E E S O N S I T E S H A L L B E M A D E A W A R E O F T H E SA F E T Y P L A N A N D S I G N I N D I C A T I N G T H A T T H E Y A R E AW A R E O F T H E H A Z A R D S O N - S I T E A N D T H E P L A N F O R WO R K I N G S A F E L Y . NA M E SI G N A T U R E __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DA T E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ T I M E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ GA S H2 O 7 ZPTILS PE R M A N E N T A N C H O R TE M P O R A R Y A N C H O R IN S T A L L E R L A D D E R ST U B - O U T SK Y L I G H T NO L A D D E R A C C E S S ( S T E E P G R A D E OR G R O U N D L E V E L O B S T R U C T I O N S ) RE S T R I C T E D A C C E S S TR E N C H C O N D U I T GA S S H U T O F F WA T E R S H U T O F F SE R V I C E D R O P PO W E R L I N E S JU N C T I O N B O X JB MS P AC MA I N S E R V I C E P A N E L AC D I S C O N N E C T UT I L I T Y M E T E R IN V IN V E R T E R UM SA F E T Y P L A N PV - 1 1 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 SU B SU B P A N E L 12 9 2 JO B H A Z A R D A N A L Y S I S Cr e w l e a d e r t o f i l l o u t a l l s e c t i o n s b e l o w , h o l d a p r e - j o b s a f e t y m e e t i n g w i t h a l l p e r s o n n e l , a n d u p l o a d t h i s c o m p l e t e d d o c u m e n t a n d t h e S a f e t y P l a n t o S i t e C a p t u r e La d d e r A c c e s s · L a d d e r s m u s t b e i n s p e c t e d b e f o r e e a c h u s e . · E x t e n s i o n l a d d e r s m u s t b e s e t u p o n a f i r m a n d l e v e l s u r f a c e a t a 4 - t o - 1 r i s e t o r u n a n g l e ( o r 7 5 d e g r e e s ) a n d t h e t o p m u s t b e se c u r e d t o t h e s t r u c t u r e . E x t e n s i o n s t y l e l a d d e r s p l a c e d o n un e v e n , l o o s e o r s l i p p e r y s u r f a c e s m u s t a d d i t i o n a l l y h a v e t h e ba s e f i r m l y a n c h o r e d o r l a s h e d s o t h e b a s e w i l l n o t s l i p o u t . ·· Ex t e n s i o n l a d d e r s m u s t b e u s e d w i t h w a l k - t h r o u g h d e v i c e s o r th e l a d d e r m u s t e x t e n d 3 6 " a b o v e t h e s t e p p i n g o f f p o i n t . A- f r a m e l a d d e r s m u s t o n l y b e c l i m b e d w i t h t h e l a d d e r s p r e a d e r ba r s l o c k e d i n t h e o p e n p o s i t i o n ; A - f r a m e l a d d e r s s h a l l n o t b e cl i m b e d w h i l e i n t h e c l o s e d p o s i t i o n ( e x , c l o s e d a n d u s e d w h i l e le a n e d a g a i n s t a s t r u c t u r e ) . · Ad d i t i o n a l n o t e s : Mo b i l e E q u i p m e n t ··· On l y Q u a l i f i e d o p e r a t o r s w i l l o p e r a t e e q u i p m e n t ; o p e r a t o r s m u s t ma i n t a i n a c e r t i f i c a t i o n o n t h e i r p e r s o n f o r t h e e q u i p m e n t b e i n g op e r a t e d . Ty p e ( s ) o f m o b i l e e q u i p m e n t ( T y p e / M a k e / M o d e l ) : Qu a l i f i e d o p e r a t o r ( s ) : Ma t e r i a l H a n d l i n g a n d S t o r a g e · Ma t e r i a l s w i l l b e s t a g e d / s t o r e d i n a w a y t h a t d o e s n o t p r e s e n t a ha z a r d t o c l i e n t , p e r s o n n e l o r p u b l i c . M a t e r i a l s s t o r e d o n t h e ro o f w i l l b e p h y s i c a l l y p r o t e c t f r o m f a i l i n g o r s l i d i n g o f f . Fa l l P r o t e c t i o n · A s i t e - s p e c i f i c p l a n f o r f a l l p r e v e n t i o n a n d p r o t e c t i o n i s r e q u i r e d pr i o r t o s t a r t i n g w o r k a n d m u s t r e m a i n o n s i t e a t a l l t i m e s u n t i l wo r k i s c o m p l e t e ; a f a l l r e s c u e p l a n m u s t b e o u t l i n e d a n d di s c u s s e d a m o n g t h e c r e w p r i o r t o w o r k s t a r t . ·· Fi r s t - p e r s o n - U p ( F P U ) m u s t i n s t a l l t h e i r a n c h o r a n d c o n n e c t be f o r e a n y o t h e r t a s k , i n c l u d i n g i n s t a l l i n g o t h e r a n c h o r s . T h e La s t - P e r s o n - D o w n ( L P D ) m u s t b e t h e o n l y p e r s o n o n a r o o f un i n s t a l l i n g f a l l p r o t e c t i o n . FP C P ( n a m e a n d t i t l e ) : · F P U a n d L P D ( n a m e a n d t i t l e ) : · El e c t r i c a l S a f e t y ··· Th e E l e c t r i c a l Q u a l i f i e d P e r s o n ( E Q P ) i s r e q u i r e d o n s i t e t o pe r f o r m e l e c t r i c a l w o r k . Al l e l e c t r i c a l w o r k w i l l b e p e r f o r m e d w i t h e q u i p m e n t i n a n el e c t r i c a l l y s a f e c o n d i t i o n ( d e - e n e r g i z e d ) u n l e s s a p p r o v a l h a s be e n g r a n t e d p r i o r t o w o r k . Se r v i c e d r o p s a n d o v e r h e a d e l e c t r i c a l h a z a r d s w i l l b e in d e n t i f i e d a n d p r o t e c t e d f r o m c o n t a c t , a s n e c c e s s a r y . · E Q P ( n a m e a n d t i l e ) : · Wh o w i l l r e p l e n i s h t h e d r i n k i n g w a t e r ( n a m e ) : De f i n e t h e H a z a r d : Me t h o d / s t e p s t o p r e v e n t i n c i d e n t : ·Pu b l i c P r o t e c t i o n ······· Th e s a f e t y o f t h e C l i e n t a n d t h e P u b l i c m u s t b e m a i n t a i n e d a t a l l ti m e s . Th e C l i e n t a n d t h e P u b l i c s h a l l b e p r e v e n t e d f r o m e n t e r i n g t h e wo r k z o n e t h r o u g h t h e u s e o f b a r r i e r s a n d / o r s i g n a g e , a s re q u i r e d . Co m p a n y , C l i e n t a n d P u b l i c p r o p e r t y s h a l l b e p r o t e c t f r o m fa l l i n g o b j e c t s . Pe t s ( i n c l u d i n g d o g s ) s h a l l b e s e c u r e d b y t h e i r o w n e r s p r i o r t o wo r k s t a r t . Th e c l i e n t s h o u l d n o t l e a v e p e t s , f a m i l y m e m b e r s , o r o t h e r s i n th e c h a r g e o r c a r e o f E m p l o y e e s , C o n t r a c t o r s , o r T e m p o r a r y Wo r k e r s . Cr e w l e a d e r r e s p o n s i b l e f o r c o m m u n i c a t i o n w i t h t h e c l i e n t : Cl i e n t a n d p u b l i c i s e x c l u d e d f r o m w o r k a r e a b y b a r r i c a d e s ( N / A , Ye s , N o ) : Tr a i n i n g a n d P r e - J o b S a f e t y B r i e f i n g · Al l e m p l o y e e s o n s i t e s h a l l b e m a d e a w a r e o f t h e s p e c i f i c ha z a r d s o f t h i s p r o j e c t a n d r e v i e w t h i s H J A d u r i n g a p r e - j o b br i e f i n g , a n d t h e i r s i g n a t u r e i n d i c a t e s a w a r e n e s s o f s i t e co n d i t i o n s a n d t h e p l a n t o e l i m i n a t e a n y h a z a r d s i d e n t i f i e d p r i o r to a n d d u r i n g t h e p r o j e c t . ······ Cr e w l e a d e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Ai r b o r n e C o n t a m i n a n t s : · As b e s t o s - c o n t a i n i n g ( T r a n s i t e ) p i p i n g ( A C P ) - D o n o t d i s t u r b (m o v e , d r i l l , c u t f r a c t u r e , e t c . ) As b e s t o s - c o n t a i n i n g t h e r m a l i n s u l a t i o n ( A C I ) a n d As b e s t o s - c o n t a i n i n g d u c t w r a p p i n g ( A C W ) - d o n o t d i s t u r b , n o at t i c o r c r a w l s p a c e a c c e s s i s a l l o w e d i f w o r k t o b e p e r f o r m e d co u l d c a u s e e x p o s u r e t o p e r s o n n e l , c l i e n t o r p u b l i c . If y e s , l i s t s p e c i f i c t a s k s a n d p r o t e c t i o n i n p l a c e : He a t R e l a t e d I l l n e s s P r e v e n t i o n · Em p l o y e e s s h a l l h a v e a c c e s s t o p o t a b l e d r i n k i n g w a t e r t h a t i s fr e s h , p u r e , a n d s u i t a b l y c o o l . T h e w a t e r s h a l l b e l o c a t e d a s cl o s e a s p r a c t i c a b l e t o t h e a r e a s w h e r e e m p l o y e e s a r e w o r k i n g . Wa t e r s h a l l b e s u p p l i e d i n s u f f i c i e n t q u a n t i t y a t t h e b e g i n n i n g o f th e w o r k s h i f t t o p r o v i d e a t l e a s t o n e q u a r t p e r e m p l o y e e p e r ho u r f o r d r i n k i n g f o r t h e e n t i r e s h i f t . E m p l o y e e s m a y b e g i n t h e sh i f t w i t h s m a l l e r q u a n t i t i e s o f w a t e r i f t h e y i d e n t i f y t h e l o c a t i o n an d h a v e e f f e c t i v e m e a n s f o r r e p l e n i s h m e n t d u r i n g t h e s h i f t t o al l o w e m p l o y e e s t o d r i n k o n q u a r t o r m o r e p e r h o u r . T h e fr e q u e n t d r i n k i n g o f w a t e r s h a l l b e e n c o u r a g e d . · S h a d e s h a l l b e p r e s e n t w h e n t e m p e r a t u r e e x c e e d s 8 0 d e g r e e s Fa h r e n h e i t . W h e n t h e o u t d o o r t e m p e r a t u r e i n t h e w o r k e x c e e d s 80 d e g r e e s F a h r e n h e i t , e m p l o y e e s s h a l l h a v e a n d m a i n t a i n o n e or m o r e a r e a s w i t h s h a d e a t a l l t i m e s . · N e w e m p l o y e e s m u s t b e a c c l i m a t i z e d . N e w e m p l o y e e s w i l l b e mo n i t o r e d b y t h e i r C r e w L e a d e r ( s i t e s u p e r v i s o r ) f o r t h e f i r s t t w o (2 ) w e e k s o f e m p l o y m e n t o r l o n g e r w h e n n e c e s s a r y . · E m p l o y e e s w i l l b e a l l o w e d a n d e n c o u r a g e d t o i m p l e m e n t sc h e d u l e d b r e a k s d u r i n g e a c h s h i f t . E m p l o y e e s m u s t t a k e co o l - d o w n b r e a k s i n t h e s h a d e a n y t i m e t h e y f e e l t h e n e e d t o d o so t o p r o t e c t t h e m f r o m o v e r h e a t i n g . S u p e r v i s o r s a r e RE Q U I R E D t o a l l o w e m p l o y e e s a n y b r e a k p e r i o d t h e y n e e d du r i n g h i g h h e a t c o n d i t i o n s . ·· Co o l V e s t s a r e e n c o u r a g e d f o r a l l e m p l o y e e s a t a l l t i m e s d u r i n g pe r i o d s o f h i g h h e a t . Id e n t i f y t h e l o c a t i o n o f t h e c l o s e t O c c u p a t i o n a l / I n d u s t r i a l C l i n i c or H o s p i t a l i n c a s e a c r e w m e m b e r b e c o m e s i l l . Wh a t i s t h e s p e c i f i c p l a n t o p r o v i d e a n d r e p l e n i s h s u f f i c i e n t w a t e r f o r al l e m p l o y e e s o n s i t e ? · If o f f s i t e r e p l e n i s h i s n e c e s s a r y , w h e r e w i l l y o u g o t o r e p l e n i s h wa t e r ( l o c a t i o n / a d d r e s s ) : De f i n e t h e H a z a r d : De f i n e t h e H a z a r d : Me t h o d / s t e p s t o p r e v e n t i n c i d e n t : ·We a t h e r a n d E n v i r o n m e n t ·· Th e s i t e s u p e r v i s o r s h a l l f o r e c a s t t h e w e a t h e r c o n d i t i o n s a t t h e jo b s i t e , p r i o r t o c r e w a r r i v a l , i n o r d e r t o m i t i g a t e a n y h a z a r d s as s o c i a t e d w i t h i n c l e m e n t w e a t h e r ( h e a t , c o l d , w i n d , r a i n , e t c . ) Th e s i t e s u p e r v i s o r w i l l u t i l i z e d a p o r t a b l e w i n d m e t e r (a n e m o m e t e r ) t o v e r i f y a c t u a l o n s i t e w i n d c o n d i t i o n s , b y ch e c k i n g a t t h e g r o u n d a n d o n a n y e l e v a t e d w o r k s u r f a c e ( e x , ro o f t o p ) p r i o r t o w o r k s t a r t , a t m i d d a y a n d p r i o r t o s o l a r p a n e l st a g i n g o n a r o o f . El e v a t e d w o r k i n v o l v i n g t h e m o v i n g o r m a n e u v e r i n g o f s o l a r pa n e l s s h a l l c e a s e a t 2 5 m p h ( s u s t a i n e d w i n d ) u n t i l w i n d su b s i d e s . · F o r e c a s t e d w e a t h e r m a x i m u m t e m p ( d e g r e e s F ) : Re s t r o o m f a c i l i t i e s ··· Em p l o y e e s s h a l l h a v e a c c e s s t o r e s t r o o m f a c i l i t i e s w i t h ha n d - w a s h i n g s t a t i o n s . U s e o f o n s i t e r e s t r o o m i s a t t h e c l i e n t ' s di s c r e t i o n ( l o c a t i o n i s a n n o t a t e d b e l o w ) . I f c l i e n t d o e s n o t g i v e pe r m i s s i o n , l o c a t i o n o f s u i t a b l e r e s t r o o m f a c i l i t i e s w i t h ha n d - w a s h i n g s t a t i o n s o f f s i t e w i l l b e p r o v i d e d . T h e o n s i t e su p e r v i s o r w i l l i d e n t i f y l o c a t i o n a n d m a k e a r r a n g e m e n t s t o en s u r e a l l e m p l o y e e s h a v e a c c e s s a t a n y p o i n t . Re s t r o o m f a c i l i t i e s w i l l b e ( c i r c l e o n e ) : O n s i t e - O f f s i t e If O f f s i t e , a d d l o c a t i o n n a m e a n d a d d r e s s : In c i d e n t R e p o r t i n g P r o c e d u r e · Co n t a c t y o u r S i t e S u p e r v i s o r Na m e : Ph o n e : · Co n t a c t y o u r M a n a g e r Na m e : Ph o n e : · Co n t a c t y o u r S i t e S u p e r v i s o r Na m e : Ph o n e : Wi t h : Y o u r f u l l n a m e , p h o n e n u m b e r , o f f i c e l o c a t i o n , b r i e f d e s c r i p t i o n of w h a t h a p p e n a n d w h e n . NO T E A D D I T I O N A L H A Z A R D S N O T A D D R E S S E D A B O V E (a d d a s m a n y a s n e c e s s a r y b y u s i n g a d d i t i o n a l s h e e t s ) De f i n e t h e H a z a r d : Me t h o d / s t e p s t o p r e v e n t i n c i d e n t : Me t h o d / s t e p s t o p r e v e n t i n c i d e n t : SA F E T Y P L A N PV - 1 2 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 12 9 3 MO D U L E SP E C PV - 1 3 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 12 9 4 IN V E R T E R SP E C PV - 1 3 . 1 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 12 9 5 PV - 1 3 . 2 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T OP T I M I Z E R SP E C A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 12 9 6 RA I L SP E C PV - 1 3 . 3 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 12 9 7 AT T A C H M E N T SP E C PV - 1 3 . 4 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 12 9 8 CE R T I F I C A T I O N PV - 1 3 . 5 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 12 9 9 CE R T I F I C A T I O N PV - 1 3 . 6 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 0 0 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 1 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Project Details Name 19 Jay Court Date 05/08/2023 Location 19 Jay Court, Alamo, CA 94507 ASCE code 7.16 Total modules 28 Wind speed 90 mph Module Custom Panels: FF-MP-BBB-400 Snow load 0 psf Dimensions Dimensions: 67.8" x 44.65" x 1.38" (1722.0mm x 1134.0mm x 35.0mm)Wind exposure C Total watts 11,200 kW Piers 8 Concrete 5.12 yd³ Substructure & Foundation Tilt 30°South facing grade 20° Pipe/tubing diameter 3"Soil class 4 Foundation type Concrete Hole diameter 24" 1301 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 2 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Sub array #1 Rows 4 Columns 7 # Arrays 1 Area 39' 9" (EW) × 15' 2" (NS)Rail type XR1000 Diagonal bracing no E/W spacing 12'Rail cantilever 3' 4"Pipe cantilever 1' 10" Piers/array 8 Total south piers 4 (6')Total north piers 4 (7' 11") Total cross pipes 2 (39' 9")Total pipe length 135' 4" Shear 1,532 lbs Moment 3,830 ft-lbs Uplift -1,321 lbs 1302 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 3 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM 39'9" 17 ' 15 ' 1' 10"CANTILEVER 12' E-W PIER SPACING 9' N- S P I E R S P A C I N G CROSS PIPE LENGTH 1303 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 4 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Pipe Fitting Detail XR1000 Rail Front View 3” TOP CAP 3” PIPE/TUBING 3” RAIL CONNECTOR XR1000 RAIL PV MODULE Side View 3” PIPE/TUBING 3” TOP CAP 3” RAIL CONNECTOR XR1000 RAIL PV MODULE UNIVERSAL FASTENING OBJEC Clamp Detail Mid Clamp, Plan UNIVERSAL FASTENING OBJECT PV MODULE FRAME Mid Clamp, Front RAIL PV MODULE FRAME UNIVERSAL FASTENING OBJECT End Clamp, Plan STOPPER SLEEVE UNIVERSAL FASTENING OBJECT PV MODULE FRAME RAIL 1” End Clamp, Front PV MODULE FRAME RAIL UNIVERSAL FASTENING OBJECT STOPPER SLEEVE1” 204"RAIL 2' HOLE DIAMETER 5' 6 " DEPTHHOLE 3' 8 " 2' 4 " 4' 3 " 5' 1 " CLEARANCENORTH 2' 1 " CLEARANCESOUTH N-S PIER SPACING 9' 10° 20° 30° 1304 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 5 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Grounding Diagram UFO Clamp Grounding Lug Min 10 AWG Copper Wire Fault Current Ground Path Bonding Points Fault Current Ground Path *Grounding Lugs and wire are not required in systems using certain Enphase microinverters or certain Sunpower modules. Equipment grounding is achieved with the Engage cable for Enphase or the AC module cable system for Sunpower via their integrated EGC. * * Section View Plan View Optional Cross Brace Only one Grounding Lug required per continuous subarray.* Cross Pipe Ra i l Cross Pipe UFO or CAMO 1305 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 6 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Bill of Materials Part Spares Total Qty Rails XR-1000-204A XR1000, Rail 204" Clear 0 14 Clamps & Grounding UFO-CL-01-A1 Universal Module Clamp, Clear 0 70 UFO-STP-35MM-M1 Stopper Sleeve, 35MM, Mill 0 28 XR-LUG-03-A1 Grounding Lug, Low Profile 0 1 Substructure 70-0300-SGA SGA Top Cap at 3"0 8 GM-BRC3-01-M1 Ground Mount Bonded Rail Connector - 3"0 28 1306 GROUND MOUNT INSTALLATION MANUAL - 3© 2022 IRONRIDGE, INC. VERSION 3.4 CH CKLIST IRONRIDG COMPON NTSPR-INSTALLATION ☐Verify module compatibility. See P14 for info. ☐Purchase 2” or 3” Pipe or Mechanical Tubing Pipe:2” or 3” (NPS) ASTM A53 Grade B SCH 40 Pipe,   m ASTM A653 G90 ASTM A123 G35. Mechanical Tubing:2.375” x 12 (O.D)3.500” x 8 ga (O.D.) Mechanical Tubing with one of the following G(ASTM A1057). • Allied Gatorshield • Allied Flo-Coat Coating • Wheatland ThunderCoat TOOLS RQUIRD ☐Post Hole Digger or Powered Auger ☐SD(7/16”, 9/16”, 15/16”1/2” S) ☐TW(0-240 - 10-40 -) ☐T, SL,LL ☐3/16” AH TORQUVALU S TCSS(3/16” AH) ☐2” or 3” NPS Schedule 40 Grade B Pipe: 20 ft-lbs ☐2.375” x 12 OD MT: 11 - ☐3.500” x 8 OD MT: 16 - ☐For Ground Screw to Pipe Connection Hardware see Page5. ☐TCU-BN(9/16” S): 15 - ☐RCBN(9/16” S): 21 - ☐RCU-BN(9/16” S): 60 - ☐RGLN(7/16” S): 80 - ☐RGLTmS(7/16” Socket): 20 in-lbs ☐MGLN(3/8” S): 60 - ☐MGLTmS(1/2” Socket): 20 in-lbs ☐UFOj(7/16” S): 80 - ☐DBSS(1/2” S): 15 - ☐DBB(1/2” S): 40 - ☐MKN(7/16” S): 80 - ☐FmMKN(7/16” S): 80 - ➢If using previous version of: Integrated Grounding Mid Clamps, Grounding Lug and nd Clamps please refer to Alternate Components Addendum (Version 1.90). ➢If installing on a low slope roof please refer to Ground Mount for Flat Roof Applications Addendum (Version 3.30). ➢Unless otherwise noted, all components have been evaluated for multiple use. They can be uninstalled and reinstalled in the same or new location. XR100 & XR1000 RRail Connector Top Cap UFO (30-46mm) Diagonal Brace Stopper Sleeve Rail Grounding L Microinverter Kit Frameless Module Kit Frameless End/ Mid Clamp CAMO End Cap Wire Clip Module Grounding L Hex Head Set Screw 1307 Contra Costa County January 7, 2025 NOTICE OF TENTATIVE APPROVAL OF A TREE PERMIT Dear Property Owner: The Department of Conservation and Development has received an application for a Tree Permit, which is described as follows: CARLOS RAMIREZ, ARBORTECH TREE CARE INC. (APPLICANT), BRUCE & GRACE GINN (OWNERS), COUNTY FILE #CDTP24-00064:The applicant requests approval of a Tree Permit to remove three (3) code-protected trees: one (1) 14” valley oak, one (1) 10” blue oak, and one (1) 11” coast live oak, for the installation of ground -mounted solar/PV panels on the subject property. The subject property is located at 19 Jay Court in the Alamo area of Contra Costa County. (Zoning: P-1) (Assessor’s Parcel Number:193-670- 016) Tentative Approval Pursuant to Sections 816-6.8012 and 816.6.8014 of the County’s Tree Protection and Preservation Ordinance, this is to notify you of the County Zoning Administrator’s tentative approval of a Tree Permit to remove one (1)14” valley oak, one (1) 10” blue oak, and one (1) 11” coast live oak, all of which are code-protected, for the installation of ground-mounted solar/photovoltaic (PV) panels on the subject property. Right to Appeal Tentative Approval Any person may appeal the Zoning Administrator’s tentative approval of this permit by filing a letter of appeal with the Community Development Division. To be valid, an appeal letter must: John Kopchik Director Jason Crapo Deputy Director Maureen Toms Deputy Director Deidra Dingman Deputy Director Ruben Hernandez Deputy Director Gabriel Lemus Assistant Deputy Director Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Phone:1-855-323-2626 1308 Page 2 of 2 1. Identify the County File Number stated above and state the specific reasons why the decision does not meet the criteria and factors for granting the Tree Permit as stated in the Tree Protection and Preservation Ordinance (County Ordinance Code Chapter 816-6); a copy of the ordinance may be obtained from the Application and Permit Center at 30 Muir Road in Martinez, or on the County’s website at https://www.contracosta.ca.gov/3383/Conservation-Development. 2. Be accompanied by an appeal fee of $250. Checks should be made payable to Contra Costa County. 3. Be received at the following address no later than 4:00 P.M. on Friday, January 17, 2025: Contra Costa County Department of Conservation and Development Attn: Nai Saephan 30 Muir Road Martinez, CA 94553 or; via email to nai.saephan@dcd.cccounty.us Valid appeals of this decision will be heard by the Contra Costa County Planning Commission. If an appeal hearing is scheduled, a hearing notice will be mailed to all property owners within 300 feet of the subject property. The background information for this request (including the conditions of approval) may be requested from the project planner. Any questions on this decision should be directed to Nai Saephan, Project Planner, of the Department of Conservation and Development, Community Development Division office at nai.saephan@dcd.cccounty.us or at (925) 655- 2874. Respectfully yours, Jennifer R. Cruz Deputy Zoning Administrator cc: File # CDTP24-00064 1309 Department of Conservation and Development County Planning Commission Wednesday, May 14, 2025 – 6:30 P.M. STAFF REPORT Agenda Item #_____ Project Title:19 Jay Court Tree Permit Appeal County File(s):CDTP24-00064 Appellant:Robert J. Eisele Applicant Owners: Carlos Ramirez, ArborTech Tree Care Inc. (Applicant) Bruce & Grace Ginn (Owners) General Plan:Single-Family Residential-Low Density (SL) (Residential Low Density (RL)) Zoning:P-1, Planned Unit District Site Address/Location: 19 Jay Court in Alamo, CA (APN: 193-670-016) California Environmental Quality Act (CEQA) Status: Categorical Exemption – Class 3: CEQA Guidelines, Section 15303(e), new construction of an accessory structure. Project Planner:Nai Saephan, Planner I, (925) 655-2874 nai.saephan@dcd.cccounty.us Staff Recommendation:Deny the Appeal and Approve the Project (See Section II for full recommendation) I. PROJECT SUMMARY This is a hearing on an appeal of the Zoning Administrator’s decision to tentatively approve a tree permit to allow the removal of three (3) code-protected oak trees in order to install a residential ground-mounted solar/photovoltaic (PV) system. II. RECOMMENDATION 1310 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 2 of 11 Staff recommends that the County Planning Commission: A. OPEN the public hearing, RECEIVE testimony, and CLOSE the public hearing; B. DETERMINE that the project is categorically exempt from CEQA under Section 15303(e) of the CEQA Guidelines. C. DENY the appeal by Robert Eisele D. Approve the Tree Permit, County File #CDTP24-00064; E. APPROVE the findings in support of the project; F. APPROVE the project conditions of approval; and, G. DIRECT the Department of Conservation and Development to file a Notice of Exemption with the County Clerk. III. BACKGROUND A tree permit application CDTP24-00064 was submitted to the Department of Conservation and Development, Community Development Division on September 26, 2024, requesting approval of a Tree Permit to allow the removal of one (1) 14” valley oak tree, one (1) 10” blue oak tree, and one (1) 11” coast live oak tree for the installation of a residential ground-mounted solar/PV system and associated trenching for an underground conduit. On January 7, 2025, the tree application received tentative approval by the Zoning Administrator and a Notice of Tentative Approval of a Tree Permit was mailed out to adjacent property owners advising them of the Zoning Administrator’s decision and the opportunity to file an appeal. Appeals were due no later than 4:00 P.M. on January 17, 2025. An appeal of the Zoning Administrator’s decision was filed on January 15, 2025, within the 10-day appeal period by the appellant, Mr. Robert J. Eisele. IV. GENERAL INFORMATION 1311 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 3 of 11 A. General Plan: As of November 5, 2024, the subject property is located within a RL, Residential Low Density (RL) General Plan land use designation (County General Plan Envision 2045). At the time the application was deemed “complete” for processing (October 25, 2024), the property was located within a SL, Single- Family Residential – Low Density (SL) General Plan land use designation. B. Zoning: The subject property is located within a P-1 Planned Unit District. C. California Environmental Quality Act (CEQA): The proposed project to install a residential ground mounted solar/PV system and to construct a new, 6-foot-tall fence surrounding the PV system, which are accessory to the primary residential use of the property, is categorically exempt from CEQA under Section 15303(e) of the CEQA Guidelines related to new construction of accessory structures. D. Lot Creation: The subject property is 0.99 acres and is Lot 15 of Subdivision CDSD78-05026 which was recorded on May 22, 1979. E. Prior County Zoning Applications: No prior County Zoning applications. V. SITE/AREA DESCRIPTION The subject property is approximately 44,000 square feet in area and is located in the Alamo area of Contra Costa County at the foothills of Mt. Diablo. The property has a principal frontage on the east fronting Jay Court and a secondary frontage on the west fronting Stone Valley Road. The property slopes upward from west to east, rising approximately 30 feet from the property boundary at Stone Valley Road to the relatively flat residential building pad adjacent to Jay Court, which an approximately 26 percent slope in the western and southwestern areas of the lot. The subject property is developed with a single-family residence and a swimming pool. The surrounding area of Alamo is predominantly developed with single-family residences to the west, east, and south. Other land uses in the area include agricultural lands further to the east and southeast, and pockets of land maintained by the Bryan Ranch or White Gate Homeowners Associations that are designated for open space/resource conservation to the north and south. A “Virginia Lane” shown on the County’s GIS maps appears to come off of Stone Valley Road and turn into and across the western area of the subject property before running somewhat parallel to Stone Valley Road to continue north across the 1312 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 4 of 11 neighboring property. Staff of the County Public Works Department advised that there is no record of a “Virginia Lane” in the subdivision map or any other records that show a road or access easement in this location of the subject property. Thus, Public Works staff indicated that although it is a visible feature on the GIS map, it has no official standing as a road or access easement. VI. PROJECT DESCRIPTION The applicant is requesting approval of a tree permit to remove three (3) code- protected trees: a blue oak measuring 10 inches in diameter, a valley oak measuring 14 inches in diameter, and a coast live oak measuring 11 inches in diameter for the installation of an approximately 600-square-foot ground-mounted solar/PV system (PV system) consisting of 28 solar panels rising approximately 5 feet in height above grade for private, residential use. The PV system is proposed to be located on the northwestern side of the property, approximately 32 feet from the western property boundary with Stone Valley Road and approximately 17 feet from the northern property boundary. The blue oak and coast live oak trees proposed for removal are located within the proposed footprint of PV system and the valley oak is located approximately 10 feet west of the proposed PV system and in the footprint of a proposed 6-foot-tall wooden fence that would surround the PV system. The project also includes approximately 70 feet of associated trenching for a new 3/4-inch underground PVC conduit from the PV system to the residence. VII. APPEAL OF ZONING ADMINISTRATOR’S JANUARY 7, 2025, TENTATIVE DECISION During the appeal period following approval by the Zoning Administrator, one appeal was received from Robert Eisele, owner of 3314 Stone Valley Road. The concerns raised in the letter of appeal are summarized as follows: 1. Summary of Appeal Point #1:The Appellant asserts that the project is a solar farm in a residential neighborhood. Staff Response: Staff disagrees that the project is for a solar farm, which is more typical of commercial solar facilities. The proposed residential ground-mounted solar/PV system is an accessory use to an existing single-family residence and is intended to provide on-site solar energy solely for the subject property. There is no evidence that the project would result in a commercial solar energy facility, or 1313 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 5 of 11 the level of solar energy produced for supplying energy to the surrounding vicinity at a commercial level. 2. Summary of Appeal Point #2:The Appellant is concerned about the potential environmental impacts on scenic beauty, natural resources, and wildlife habitat and corridors due to the project which would remove three “landmark” trees at the entrance to the community. The appellant also indicates that the Contra Costa County General Plan’s Open Space element restricts development on open hillsides and is intended to identify which lands should be preserved for open space uses. Staff Response: The main entrance to the Bryan Ranch community is at the intersection of Stone Valley Road and Merlin Court/Jay Lane, where there is a monument sign on a parcel owned by the Bryan Ranch Homeowners Association welcoming residents and visitors. The subject trees are located on private property located approximately 300 feet northeast of the monument sign, and is therefore not located at the entrance to the Bryan Ranch community. The project would remove three code-protected oak trees on the subject property on which several mature trees, including large redwood trees and a valley oak , and other shrubbery would remain in place. The three oak trees to be removed are not designated Heritage Trees pursuant to County Code Chapter 816-4 and therefore would not be considered landmark trees. In addition, a row of sycamore trees within the right-of-way along Stone Valley Road will partially block views of the proposed fence and PV system, which would limit the project’s impact on views of the open hills to the north and east and the scenic beauty of the neighborhood in general. Furthermore, the project is similar to a ground-mounted PV system that is also surrounded by a wooden fence, that was installed on the hillside above Stone Valley Road for the residential property directly to the north of the subject property. The removal of three trees from the subject property is not expected to have a significant impact on wildlife habitat due to the number of large trees that will remain in the area that could be used for nesting or perching. The subject property and the properties directly north and south are developed with single- family residences. The area of land that the appellant indicates is “open space” is an approximately 30- to 70-foot-wide portion of private property adjacent to the Stone Valley Road public right-of-way. Generally, wildlife corridors are linear and/or regional habitats that connect to other natural vegetation communities and can provide avenues for animals to travel or migrate, often in areas that 1314 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 6 of 11 contain urbanized development. The proposed PV system and wooden fence surrounding it will occupy approximately 1,200 square feet of the approximately 8,400-square-foot area between the subject property’s existing fence and the property boundary adjacent to Stone Valley Road that the appellant identifies as “open space.” This would still allow the majority of the western portion of the property to remain open for use as part of a wildlife corridor in this part of the neighborhood. Regardless, there is no scenic easement or restriction on development in this area of the subject property and staff is unaware of any reason the property owner could not add a fence along the western property boundary. The subject property is located within a Single-Family Residential-Low Density (SL) General Plan land use designation and is not located within the Open Space (OS) land use designation. In addition, there are no restricted development areas or scenic easements on the subject property. Based on all of the above, the project would remain consistent with the intent and goals of the Open Space Element of the General Plan (replaced in the November 5, 2025, General Plan update by the Conservation, Open Space, and Working Lands Element). 3. Summary of Appeal Point #3:The Appellant states that the subject trees are integral to the stability of the hill’s slope, and that their removal risks undermining the hill’s structural integrity, possibly leading to erosion or other long-term environmental issues, and indicates that County Code Section 814-2.206 (a) 5-7 requires maintaining “open hillsides and significant ridgelines in as near a natural state as is feasible as an important community value”. Staff Response: The property owner has indicated to staff that the stumps and root systems of the subject trees will remain intact and in the ground which will provide continuing stability of the hillside. Therefore, it is not expected that there will be significant impact on the structural integrity of the sloping hillside due to erosion or other long-term environmental issues such as landslides. Regarding County Code Section 814-2.206(a), this paragraph is in the SD-1, Slope Density and Hillside Development Combining District (SD-1). The subject property is located within a P-1 Planned Unit District and is not located within a SD-1 Combining District. Therefore, the regulations of Chapter 814-2 for slope density and hillside development do not apply to the proposed project. Regardless, the approximately 8,400_square-foot area that the appellant has identified in their letter as “open space” or “hillside” is not considered a significant ridgeline. In addition, the project to install ground-mounted solar/PV panels would occupy 1315 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 7 of 11 approximately 1,200 square feet which would maintain the “open” hillside in as natural state as is feasible to provide solar power for an existing residence on the subject property. 4. Summary of Appeal Point #4:The Appellant states that the proposed project could be installed in alternative locations such as the roof of the residence that would not require the removal of the three code-protected oak trees. Staff Response: Based on the application, site plan, and conversations with the applicant and property owner, the proposed location for the ground-mounted solar/PV system is the most suitable location. During a site visit on January 23, 2025, staff observed that the southern half of the property is mostly covered with mature trees. Thus, locating the PV system in the southern area of the property would require the alteration or removal of more than three trees. In addition, large redwood trees in or adjacent to the southern area of the property would hinder the normal operation of a ground-mount solar/PV system due to shading. The property owner and a representative for the applicant (Freedom Forever, a solar installation company), have indicated various reasons for not installing a rooftop solar/PV system, including the age of the roof and the need to make structural improvements to the residence for a solar installation and the roof design which would limit the number of panels or require panels facing different directions on more surface of the roof. In addition, several large redwood trees directly west and south of the residence would block sunlight to a rooftop installed PV system. Therefore, the proposed location for a ground-mounted solar system is the most suitable location. Finally, in tentatively approving the tree permit to allow removal of the three subject trees for the installation of the ground-mounted residential solar/PV system, the Zoning Administrator considered the factors for approval or denial of the tree permit and determined that reasonable development of the property would require the alteration or removal of the three subject trees and that the development could not be reasonably accommodated on another area of the lot. 5. Summary of appeal point #5:The appellant raises concerns about the project to install ground-mounted solar posing aesthetic impacts on the community . Staff Response: Due to the location on the upper slope of the subject property, approximately 20 feet of elevation above Stone Valley Road, the proposed PV system would be marginally visible from the public right-of-way or from properties on the other side of Stone Valley Road. Staff visited the project site on 1316 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 8 of 11 January 23, 2025, and met with the property owner and the appellant. To address concerns about the project’s impact on aesthetic views, the property owner is proposing to install a 6-foot-tall wooden fence to enclose the PV system that would be surrounded by new red tip Photinia plants as required by their homeowner’s association (HOA) for screening. The project is similar to that of the adjacent property to the north which also has a wooden fence enclosing similar ground-mounted solar panels for their residential use. These measures, along with the existing row of sycamore trees along the Stone Valley Road right-of- way, will help reduce the project’s aesthetic impacts on the community. 6. Summary of appeal point #6:The applicant states that over 300 residents community were not given notice or the opportunity to weigh in on the project. Staff Response: Pursuant to Section 816-6.8004 of the County’s Tree Protection and Preservation Ordinance, a Notice of Tentative Approval of a Tree Permitwas mailed out to adjacent property owners advising of the opportunity to file an appeal of the Zoning Administrator’s tentative decision. With the receipt of an appeal of the Zoning Administrator’s decision, a Notice of the County Planning Commission hearing has been mailed to property owners within 300 feet of the subject property advising of the public hearing on the appeal of the Zoning Administrator’s decision as is required for public hearings. In addition, eleven members of the public who submitted comments after the appeal period for the Zoning Administrator’s tentative decision ended are included in the mailing list for the notice of public hearing. VIII. ADDITIONAL COMMENTS After the noticing period for the Notice of Tentative Approval for this application ended, e-mail messages in support of the application were received from Mindy Cheng, who resides at 367 Bryan Drive, and from Marnie Collier, Executive Vice President of Common Interest Management Services for the Bryan Ranch HOA Board of Directors. In addition, e-mail messages in opposition to the application were received from Bob Oxenburgh who resides at 322 Golden Meadow Place, Larry Jacob who resides at 107 Golden Ridge Road, Sharon Gonsalves who resides at 138 Golden Ridge Road, Dana Weiler who resides at 1533 Emmons Canyon Drive, Daniel M. Gautsch who resides at 1821 Piedras Circle, Bruce Licht who resides at 511 Carleton Way, Joseph & Cathy Murphy who reside at 1349 Virginia Street, and Tony Kalliaras who resides at 1316 Virginia Street, all located in Alamo. Please refer to the attached correspondence for the details of their comments. Staff was also made aware of an 1317 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 9 of 11 online petition started in opposition to the project. Please refer to the attached copy of the online petition summary for details. IX. STAFF ANALYSIS/DISCUSSION A. General Plan: The County Board of Supervisors adopted a new General Plan, Envision 2045, on November 5, 2024. Pursuant to the new County General Plan, the subject property is located within a RL, Residential Low Density (RL) General Plan land use designation. However, at the time the application was deemed “complete” for processing (October 25, 2024), the property was located in a SL, Single-Family Residential-Low Density (SL) General Plan land use designation. As such, staff’s General Plan analysis of the proposed project is based on the goals and policies of the County General Plan 2005-2020. The SL land use designation allows between 1.0 and 2.9 single-family units per net acre on sites as large as 43,560 square feet in area. Generally, the primary land uses allowed in the SL designation include single-family residences and buildings and structures accessory to residential uses. The project proposes the installation of a ground- mounted solar/PV system for private, residential use on a lot developed with one single-family residence. Therefore, the solar/PV system will be an accessory use to the existing single-family residence on the property and is consistent with the SL General Plan land use designation. B. Zoning: The subject property is located within a P-1 Planned Unit (P-1) District which is intended to allow for a diversification of uses, buildings, structures, lot sizes, and open space that is substantially consistent with the General Plan. All yard and height measurements on single-family residential lots within the subject P-1 zoning district are guided by standards of the R-15 zoning district pursuant to Condition of Approval #7 of Final Development Plan CDDP77-03011. Based on the R-15 zoning district standards, the P-1 requires a minimum 10-foot side yard width, a minimum 25-foot aggregate side yard width, a minimum 15-foot rear yard, a principal 25-foot front setback, and a secondary 15-foot front setback for corner lots of those with two frontages. The maximum allowed height limit for accessory buildings or structures is 15 feet. However, there is no maximum height limit for ground-mounted PV systems which require a minimum of five feet for the side and rear yards. Additionally, the subject property is not subject to a rear yard requirement due to having two street frontages. Regardless, the proposed ground-mounted PV system is designed to have an approximately 16- foot side yard from the northern property line, an approximately 93-foot side yard from the southwestern property line, and an approximately 32-foot 1318 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 10 of 11 secondary front setback from Stone Valley Road. Furthermore, the PV system ranges in height up to five feet above natural grade. There is no grading proposed that would additionally raise the height of the structure. Therefore, the proposed ground-mounted PV system more than meets the requirements for minimum side yard, aggregate side yard width, and front setback requirements. If granted, the proposed tree permit would allow for the removal of a 10-inch blue oak tree, an 11-inch coast live oak tree, and a 14-inch valley oak tree from the subject property in order to install and operate the proposed ground- mounted solar/PV system for the residence. The County’s Tree Preservation and Protection Ordinance (County Code Chapter 816-6) is intended to provide for the protection of trees on private property through restitution for tree removal while allowing for reasonable enjoyment of private property rights and development. The reasonable development of the subject property with a residential PV system requires the removal of the three subject trees. Therefore, staff believes the required findings exist to allow the proposed removal of the trees and, as conditioned, the proposed project is consistent with the County’s Tree Protection and Preservation Ordinance. C. Appropriateness of Use: The subject property is located within an established neighborhood that is primarily residential in use. The proposed improvements are residential in nature, and consistent with an accessory use on the property which has been established since 1979 and on other residential properties in the area. Since no element of the project changes the residential use of the site, it is an appropriate use for the property. X. CONCLUSION The proposed project to install a new ground-mounted solar/PV system for residential use is consistent with the applicable goals and policies of the General Plan including the intent and purpose of the Single-Family Residential-Low Density (SL) General Plan land use designation. According to all of the information available for this application and based on the attached findings, the project is consistent with the intent and purpose of the P-1 zoning district and applicable R-15 development standards for the subject P-1 district. Given the topographical constraints of the property, the proposed installation of the ground-mounted residential solar/PV system is a reasonable development of the property that would require the removal of three code-protected oak trees. Therefore, staff recommends that the County 1319 County Planning Commission – May 14, 2025 County File #CDTP24-00064 Page 11 of 11 Planning Commission deny the appeal and approve County File #CDTP24-00064, based on the attached findings and subject to the attached conditions of approval. Attachments: A. Findings and Conditions of Approval B. Appeal Letter C. Public Comments D. Maps (Assessor’s Parcel Map, General Plan, Zoning, Aerial) E. Project Plans F. Presentation Slides 1320 Page 1 of 6 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #CDTP24-00064, CARLOS RAMIREZ, ARBORTECH TREE CARE INC. (APPLICANT) AND BRUCE & GRACE GINN (OWNERS) FINDINGS A. Tree Permit Findings The County 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: 1. Reasonable development of the property would require the alteration or removal of the trees and this development could not be reasonably accommodated on another area of the lot. Finding: The three trees located on the subject property are part of a natural stand of four or more mature oak trees whose species are included in the County's list of indigenous trees (County Code Section 816-6.6004(1)(A)). Removal of the three code-protected oak trees is necessary for the installation and normal operation of the ground-mounted solar/PV panels for residential use, which the property owner has stated is being installed to offset the rising costs of electricity. The coast live oak and blue oak trees are within the footprint of the ground-mounted solar/PV panels and the valley oak tree is located just west of the PV panels where it would block sunlight during the afternoon and reduce the panels’ ability to produce electricity. Due to existing improvements and large mature redwood trees in the southern area of or adjacent to the subject property, the solar/PV panels could not be reasonably accommodated elsewhere on the lot. In addition, the property owner has indicated that they could not feasibly install solar panels on the roof of the residence without first needing to make costly structural improvements to the residence. B. California Environmental Quality Act (CEQA) Findings The project is exempt under CEQA Guidelines, Section 15303(e), regarding new construction of an accessory structure. The project involves the installation of a residential ground-mounted solar/PV system and a 6-foot-tall wooden fence surrounding the PV system which are accessory to the primary residential use of the property. Therefore, pursuant to Section 15303(e) of the CEQA Guidelines, the project to install a residential ground-mount solar/PV system and wooden fence is exempt. 1321 Page 2 of 6 CONDITIONS OF APPROVAL Permit Approval 1. Tree Permit approval is granted to allow the removal of three (3) code-protected trees: one (1) 14” valley oak, one (1) 10” blue oak, and one (1) 11” coast live oak, for the installation of ground-mounted solar/photovoltaic (PV) panels on the subject property, based on and as generally shown on the application materials submitted to the Department of Conservation and Development, Community Development Division (CDD) on September 26, 2024, and revised site plan received on March 10, 2025. Application Costs 2. The Tree Permit application was subject to an initial deposit of $750.00. Applications are subject to time and material costs if the application review expenses exceed the initial deposit.Any additional fee due must be paid prior to an application for a grading or building permit, or 60 days of the effective date of this permit, whichever occurs first.The fees include costs through permit issuance and final file preparation. Pursuant to Contra Costa County Board of Supervisors Resolution Number 2019/553, where a fee payment is over 60 days past due, the Department of Conservation and Development may seek a court judgement against the applicant and will charge interest at a rate of ten percent (10%) from the date of judgement. The applicant may obtain current costs by contacting the project planner. A bill will be mailed to the applicant shortly after permit issuance in the event that additional fees are due. General Provisions 3. Approval of this permit does not constitute a building permit. Building or grading permits from the County shall be obtained, as necessary, for any development approved as part of this permit. Tree Removal/Alteration 4. Prior to removing the subject oak trees, the applicant shall obtain the necessary building permit(s) for installation of the solar/PV panels on the subject property. 5. Any tree alteration, removal, or encroachment within a dripline of a code-protected tree or trees not identified in this permit may require submittal of a separate Tree Permit application. 1322 Page 3 of 6 Restitution for Tree Removal 6. The following measures are intended to provide restitution for the removal of code-protected trees: a. Planting and Irrigation Plan:Prior to CDD stamp approval of plans for the issuance of a building permit,the applicant shall submit a tree planting and irrigation plan prepared by a licensed arborist or landscape architect for the review and approval of the Department of Conservation and Development, Community Development Division (CDD). The plan shall provide for the planting of three (3) trees, minimum 15-gallon size. The plan shall comply with the County’s Water Efficient Landscapes Ordinance (Chapter 82-26) and verification of such shall accompany the plan.The plan shall be implemented prior to final building inspection. b. Required Security to Assure Completion of Plan Improvements: A security shall be provided to ensure that the approved planting and irrigation plan is implemented.Prior to CDD stamp approval of plans for the issuance of a building permit,the applicant shall submit an estimate prepared by a licensed landscape architect, arborist, or landscape contractor for the materials and labor costs to complete the improvements (accounting for purchase and installation of trees and any necessary irrigation). Upon approval of the estimate by the CDD, the applicant shall submit a security in the amount of the approved cost estimate plusa 20% inflation surcharge. 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. d. Duration of Security: When the replacement trees and irrigation have been installed and prior to final inspection, the applicant shall submit a letter to the CDD, composed by a licensed arborist, landscape architect, or landscape contractor, verifying that the installation has been done in accordance with the approved planting and irrigation plan. The security shall be retained by the County for a minimum of 12 months and up to 24 months beyond the date of receipt of this letter. As a prerequisite to releasing the security between 12- and 24-months following the receipt of the letter, the applicant shall arrange for the consulting arborist to inspect the replacement trees and to prepare a report on the trees’ health. The report shall be submitted for the review of the CDD and 1323 Page 4 of 6 shall include any additional measures necessary for preserving the health of the trees. Any replacement tree that dies within the first year of being planted shall be replaced by another tree of the same species and size. If the CDD determines that the applicant has not been diligent in ensuring the health of the replacement trees, then all or part of the security may be used by the County to ensure that the approved restitution plan is successfully implemented. Arborist Expense 7. The applicant shall be responsible for all arborist expenses related to the work authorized by this permit. Construction Period Restrictions and Requirements 8. The applicant shall comply with the following restrictions and requirements.These restrictions shall be included on the construction drawings: a. A good faith effort shall be made to avoid interference with existing neighborhood traffic flows and to minimize project-related disruptions to adjacent properties. b. Transporting heavy equipment and trucks shall be limited to weekdays between the hours of 9:00 AM and 4:00 PM and prohibited on federal and state holidays. c. 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) Presidents’ Day (State) Cesar Chavez Day (State) Memorial Day (State and Federal) Juneteenth National Independence Day (Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) 1324 Page 5 of 6 Day after Thanksgiving (State) Christmas Day (State and Federal) For information on the actual days and dates that these holidays occur, please visit the following websites: Federal Holidays:https://www.federalreserve.gov/aboutthefed/k8.htm California Holidays:https://www.sos.ca.gov/state-holidays d. 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. e. The site shall be maintained in an orderly fashion. Litter and debris shall be contained in appropriate receptacles and shall be disposed of as necessary. Any debris found outside the site shall immediately be collected and deposited in appropriate receptacles. f. The applicant shall immediately notify the CDD of any damage that occurs to any trees during the construction process. Any tree not approved for destruction or removal that dies or is significantly damaged as a result of construction or grading shall be replaced with a tree or trees of equivalent size and of a species as approved by the CDD to be reasonably appropriate for the particular situation. g. No parking or storage of vehicles, equipment, machinery, or construction materials and no dumping of paints, oils, contaminated water, or any chemicals shall be permitted within the drip line of any tree to be preserved. h. No grading, compaction, stockpiling, trenching, paving, or change in ground elevation shall be permitted within the drip line of any tree intended for preservation unless such activities are indicated on the improvement plans approved by the CDD. If any of the activities listed above occur within the drip line of a tree to be preserved, an arborist may be required to be present. The arborist shall have the authority to require implementation of measures to protect the tree. 1325 Page 6 of 6 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 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day (90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the CDD within 90 days of the approval date of this permit. B. Additional requirements may be imposed by the following agencies: • Department of Conservation and Development, Building Inspection Division •San Ramon Valley Fire Protection District (SRVFPD) • Central Contra Costa Sanitary District (Central San) • East Bay Municipal Utility District (EBMUD) • Contra Costa County Environmental Health Division Prior to applying for a building permit, the applicant is strongly encouraged to contact these agencies. 1326 1327 1328 From:Mindy Cheng To:Nai Saephan Subject:Bryan Ranch SUPPORT 19 Jay Ct.; OPPOSE Rob Eisele Date:Saturday, March 1, 2025 11:28:50 PM Attachments:S250223Opposition Summary.docx Dear Nai, I am a Bryan Ranch resident and write to inform you that I do NOT support Rob Eisele's appeal of the 19 Jay Court ground mounted solar project. Rob has never surveyed the Bryan Ranch neighborhood and his claims of having the support of 200 Bryan Ranch residents is FALSE. 1. There was a Change.org petition that contained exaggerated and false information about the 19 Jay Court project to misinform. 2. The Change.org petition was posted to NextDoor. As of date, the petition statistics report 216 supporters; 65% of supporters are from zip codes 94507 (Alamo), 94523 (Pleasant Hill), and 94549 (Lafayette). I believe this petition was intentionally circulated outside of Bryan Ranch to gain signature volume to mislead the HOA and County approval bodies about the level of opposition for the project. Rob Eisele has sent blast emails to the community about his opposition to the 19 Jay Court project that I see as inappropriate and harassment of the 19 Jay Court homeowners. I am taking a stand against allowing Rob Eisele to meddle and harass Bryan Ranch neighbors because he disagrees with how something looks. There are many residents in Bryan Ranch who disagree with Rob Eisele's meddling, persistent interference, appeals on the 19 Jay Court project over the past 18 months. We believe that the Tentative Approval provided by the County to 19 Jay Court should be upheld and Approved. Sincerely, Mindy Cheng 367 Bryan Dr. Alamo, CA 94507 (Bryan Ranch) ----- Forwarded Message ----- From: monique@moniquemartin.com <monique@moniquemartin.com> To: mindycheng@sbcglobal.net <mindycheng@sbcglobal.net> Sent: Wednesday, February 26, 2025 at 08:37:14 PM PST Subject: FW: 19 Jay Court - Tentative Tree Permit and Ground-Mounted Solar System - Update 1329 From:Marnie Collier To:Nai Saephan Subject:CDTP24-00064 19 Jay Court - Summary of All Data: Plans, County Approvals and Conditions -CIMS RESPONSE 03/17/25 Date:Monday, March 17, 2025 9:58:07 AM Attachments:P 39-23 19 Jay Ct conditional approval notice follow-up.pdf P 39-23 19 Jay Ct plant listing.pdf P 39-23 19 Jay Ct conditional approval notice after appeal.pdf P 39-23 19 Jay Ct approval notice.pdf Nai Please see attached communications from the Bryan Ranch Board of Directors, that have been sent to Mr. Ginn as it relates to the HOA's process is approving the solar, fence and landscaping for his property. Please note, Mr. Eisele has provided a false count of those that have petitioned, noting that White Gate HOA is a separate community and if there are individuals that are on the petition that fall outside of Bryan Ranch, then the number is inflated, so please be mindful of that. Second, communication on behalf of several upset owners has gone out to Mr. Eisele and the Bryan Ranch community, to which I think you should be aware that many owners are NOT in favor of Mr. Eisele's approach to this matter and actually oppose it. If you would like to see this communication that was sent out by one of the owners, I am happy to forward to you. Also, several of the items that Rob wishes for your team to enforce are Association items and the County should not be involved with. I have highlighted these in yellow below for reference. Ultimately, the County will weigh in on those items that specifically relate to the County permit requirements and anything beyond has already been communicated in the Association's meeting and letters to Mr. Ginn. The attached communication gives Mr. Ginn the criteria to which the HOA expects that fencing/landscape to look and gave him those plants that are used by the Association's vendor at the front so the area can be harmonious with the front entry. I am hopeful that we can get to the finish line on this, noting that I am confident that your team has other items to focus on that are far more important to the community. 1330 My best, Marnie Collier Executive Vice President Common Interest Management Services (925) 743-3080, ext. 203 www.commoninterest.com From:Rob Eisele <reisele001@msn.com> Sent:Sunday, March 16, 2025 10:02 AM To:Marnie Collier <mcollier@commoninterest.com> Cc:Heidi Zuber-Welsh <hdwelsh@comcast.net>; boboxenburgh@gmail.com <boboxenburgh@gmail.com>; Kristin Manella <kristin.manella@gmail.com>; Ken Brans <Kbrans@sbcglobal.net> Subject:Fw: CDTP24-00064 19 Jay Court - Summary of All Data: Plans, County Approvals and Conditions [EXTERNAL] Marnie Please forward to the BR HOA Board. Attached is the final submitted plans by the property owner of 19 Jay Court. Also see County's email below mine. 225+ residents of BR and (a few from) WG have signed our opposition petition. So, while clearly indicating we are NOT giving up our opposition effort, we do have a concurrent interest in ensuring the changes to the aesthetics of the site are the best they can be, if the property owner is ultimately successful in his permitting efforts. Therefore, if the project is allowed, the slope will be transitioning from its present "open space" look to one of a landscaped area, much like the adjacent property slope (closer to the BR wall) (See attached picture). Therefore, we respectfully request all the provisions of the ARC's Rules #13 Landscaping and Slopes be employed and enforced. I recall this was the intent of the Board when the property owner received his Board approval in the Fall of 2023. I distinctly remember ground cover and shrubbery being mandatory items. County Findings and Conditions of Approval - fyi, see second attachment....essentially says the only reason for tentative approval is it is the only area of the property' s ground surface area large enough to accommodate the large footprint. No consideration given to roof solar. Hardly a ringing endorsement of his plans. Requests/Comments 1. On behalf of the 225 Petitioners and so we can be prepared for our April 23rd Hearing with 1331 the County's Planning Commissioners for our Appeal to the Tentative Tree Permit to remove 3 code-protected oak trees, please keep us informed on the specific conditions the BR Board imposes on the property owner, above and beyond those of the County. 2. The property owner's final plan, just received, allows 5 feet around the perimeter of the panels for a fence, making the enormous footprint even larger; 3 feet is adequate. 3.Require the property owner's agreement prior to the start of work on the 3 items listed in my 2/28 email to Marnie Collier/Board. Listed below: All plantings must be full size at installation, i.e. 7 feet or taller, not small starter plants which will take years to hide the solar array. A written agreement by the 19 Jay Court Property owner that he will not cut down now or in the future the BR HOA Sycamore trees planted at the foot of his slope. During installation and all future maintenance, all vehicles, equipment, and personnel must enter the site from Jay Court. Stone Valley Road is too hazardous due to heavy traffic, vehicle speeds, and the proximity of 3314 Stone Valley Road's driveway directly across from the work site. 4.Require the Property owner to assume all maintenance responsibility for the slope, preferably by compensating the BR HOA gardener so we can assure BR's high standards are maintained. 5. The damn thing is still way too big; require a 50% reduction in number of panels, current footprint is 50'x 25'. We don't know whether it meets 100% of annual kwh or some higher number. Nothing says HOA can't declare certain size restrictions due to its prominent location even if meets only a portion of his annual electrical needs. 6.The view of the slope from the BR Stonewall to the crest of the Stone Valley hill will be the ultimate landscaping cardinal sin, i.e. all chopped up with fences and alleyways between the fences, not at all in harmony with the rest of BR. 7. We now have cost data for the roof alternative, which we didn't have at the time of Board Approval. It validates that the Roof Alternative meets the 10% additional expense rule of the CA Solar Rights Act and is, in fact, the least expensive alternative (NPV Analysis). It's not too late for the BR HOA Board to question him about the wisdom of his current plan given the strong resident opposition. Editorial Comment: His Ground-Mounted Solar is, without a doubt, far more expensive than the roof solar alternative, especially with all the County and BR HOA conditions.....contrary to his expressed statements that lowest cost is his primary objective. 1332 Rev: September 26, 2018 BRYAN RANCH HOMEOWNERS’ ASSOCIATION c/o Common Interest Management Services 315 Diablo Road, Suite 221, Danville, CA 94526 Phone 925-743-3080 mcollier@commoninterest.com October 2, 2023 Bruce Ginn 19 Jay Court Alamo, CA 94507 Re: Architectural Committee Project Review Project 39-23 Dear Mr. Ginn: I am pleased to report that your request to install a ground-mounted photovoltaic system has been approved by the Architectural Committee pursuant to the attached Project Review Request dated September 30, 2023. If you have any questions, please feel free to contact me at 925-743-3080 x 203. Sincerely, Marnie Collier Senior Vice President & Market Leader, East Bay Cc: Architectural Committee Chairman Attach: Project Review Request 1333 BRYAN RANCH HOMEOWNERS’ ASSOCIATION Architectural Committee Project Review Request Property Address: 19 Jay Court Tract: 5026 Lot: 15 Owner: Bruce Ginn Email: bruce.ginn@gmail.com Phone:925-353-6540 Project # 39-23 The Owner/Applicant hereby applies for approval to make improvements to Owner’s property as described below or in attached plans and specifications. By making this Request, I acknowledge that the Bryan Ranch CC&R’s and Architectural Rules are binding on the Owner/Applicant, and agree that the subject property and all improvements added thereto shall be maintained in full compliance with the CC&R’s and Rules. Dated: September 14, 2023 Signature on file Owner’s Signature Project Description: Requesting approval to install a 7.6 kW ground-mounted photovoltaic array using 28 Freedom Forever FF-MP-BBB-400 panels. Redwood fence to surround array shall be maximum 6’ high. The Architectural Committee reviewed the information submitted and based on that review and consideration of the Bryan Ranch CC&R’s and the Architectural Rules reached the following decision on September 30, 2023 . Approved Not Approved Approved subject to the following conditions: Project timing: Per CC&R Section 3.04 D & E, work must start within 8 months of the approval date, or the approval shall be deemed revoked. Within 8 months after start of construction, work must be completed. The Architectural Committee is to be notified when work is complete. Any/all approvals made by the Architectural Committee are for aesthetic purposes only. County and State Code requirements apply. Date: September 30, 2023 By: For the Committee 1334 Bryan Ranch Homeowners' Association, Inc. c/o Common Interest Management Services 315 Diablo Road Suite 221 Danville, CA 94526 Phone (925) 743-3080 customerservice@commoninterest.com October 27, 2023 Bruce & Grace Ginn 19 Jay Court Alamo, CA 94507 RE: 19 Jay Court Account 012879637 - XN6741156 Dear Homeowner: Thank you for attending the recent Board meeting and providing additional information regarding your photovoltaic project. The Board considered the input from all parties and voted to deny your neighbor’s appeal of the Architectural Committee’s approval. Your project is approved. However, the Board has added a condition of approval, as discussed in the meeting: 1. Architectural Rule 13 states that “Slope areas shall be maintained by the owner in a neat, orderly and safe condition and in such a manner to enhance their appearance and to maintain established land contours and prevent erosion and landslide problems. All slope areas facing the street or neighbor shall have some form of ground cover to meet these requirements.” Owner shall submit a landscape plan for the slope area; plan shall include plantings on the fence surrounding the PV array. During the meeting, you also indicated you would be willing to include options for landscape at the fence that is scheduled to be installed, such as a vine to soften the lines of the fence. The Board would ask that you include this in your landscape plan as part of the process, noting that the vine should be evergreen in nature, so there are no seasonal gaps. If landscape considerations can be consistent and harmonious with the landscape as found behind the Bryan Ranch “monument” area, it would also help maintain the continuity. If you need further assistance on the landscape species that are included in the common area, we can provide further details. Please submit the landscape plan within 60 days. Per the Association’s CC&Rs, all projects must begin within 8 months of approval and be completed no more than 8 months from start of the project. We look forward to your landscape plan and we appreciate your patience during this most recent process. Sincerely, Common Interest Management Services On behalf of the Board of Directors Bryan Ranch Homeowners' Association, Inc. 1335 Bryan Ranch Homeowners' Association, Inc. c/o Common Interest Management Services 12647 Alcosta Boulevard, Suite 275 San Ramon, CA 94583 Phone (925) 743-3080 customerservice@commoninterest.com February 27, 2025 Bruce & Grace Ginn 19 Jay Court Alamo, CA 94507 RE: 19 Jay Court Account 012879637 - XN6741156 Dear Homeowner: Thank you for attending the recent Board meeting last week to confirm if there were any next steps as part of your current project, specifically relating to the fence and landscape scope. Your solar project was already approved by the Board last year; however, the Board wishes to remind you that there were added conditions of approval that were sent to you originally (see attached letter). We wish to assure that these conditions are followed and included some additional considerations for the next steps specifically relating to the landscape screening around the fence. Below is what was part of the original conditions: 1. Architectural Rule 13 states that “Slope areas shall be maintained by the owner in a neat, orderly and safe condition and in such a manner to enhance their appearance and to maintain established land contours and prevent erosion and landslide problems. All slope areas facing the street or neighbor shall have some form of ground cover to meet these requirements.” Owner shall submit a landscape plan for the slope area; plan shall include plantings on the fence surrounding the PV array. The Photinia screening around the fencing should be 15-gallon sized plants, noting that the growth of the greenery around the fence should start off with a larger plantings. As a reminder, if landscape ground cover considerations can be consistent and harmonious with the landscape as found behind the Bryan Ranch “monument” area, it would also help maintain the continuity. It is our understanding that this has already been discussed with others and you have the planting information. If you require more details or further insight on this piece, please feel free to reach out to our office so we can assure full understanding of the Board’s request and provide us with the list of plantings that you plan to use. Thank you for your time with this matter and please reach out if there are further questions or concerns. Sincerely, Common Interest Management Services On behalf of the Board of Directors Bryan Ranch Homeowners' Association, Inc. 1336 From:Bob Oxenburgh To:Nai Saephan Subject:19 Jay Court, Alamo project. In support of homeowner Rob Eisele Date:Monday, March 3, 2025 5:26:55 PM Nae hi, I understand that the County will be holding a hearing of the tree removal permit on March 26. Unfortunately I am unable to attend but I want to register my support for Rob Eisele's objection to the tree removal. I am a Bryan Ranch HOA member. My objection is founded on the damage the ground array and removal of the 3 oaks will do to the architectural harmony of this HOA. I should explain that I voted in 2023 to deny the project in my role as a member of the Architectural Rules Committee (ARC). I responded to the 4 numbered points recently made by the 19 Jay Court homeowner as follows: 1). The proposed ground-mounted solar panels will be wholly contained on the homeowners’ property. My response. Yes they will. But. But, the panel array would be located on the down slope in open space, within a few feet of Stone Valley Road, close to the monument entrance, and directly across the street from Rob's home. And not visible to Jay Court home owners.That's why in 2023 as a member of the ARC I voted against the project request. The ARC's job, as defined in the CC&Rs, is to protect the values of all the 321 homes in the Bryan Ranch HOA. 2). The Bryan Ranch HOA Board of Directors APPROVED the project proposal. My response. Yes, they did. On advice from the attorney that an HOA by State law could not override and relocate a solar PV project if it would reduce power generation by more than 10% and increase the project cost by more than $1,000. That attorney did not advise that this would not be the situation. In fact an economic analysis indicates the reverse is true; more power, lower overall cost, for a roof mounted array. 3). The homeowners received TENTATIVE APPROVAL by Contra Costa County to remove 3 small trees/shrubs on their property for the proposed project installation. County Planners conducted a site visit on January 23, 2025 and recommended to the County Planning Commission to uphold the TENTATIVE APPROVAL. My response. Yes, they did. No debate there. Except the trees are not small. Nae, please record my objection to the removal of the 3 trees. Thank you, 1337 Bob Show quoted text 1338 From:LARRY JACOB To:Nai Saephan Cc:Rob Eisele Subject:19 Jay Court, Alamo Date:Monday, March 3, 2025 7:47:38 PM Hello I am a homeowner in Bryan Ranch. I do not support the plan to install solar at 19 Jay Court. I have concerns regarding its impact and do not believe it is the right decision for this location or the removal of endangered Oak trees. Please consider my opposition when reviewing the proposal. Thank you, Larry Jacob 107 Golden Ridge Road Alamo 94507 Sent from my iPhone 1339 From:Sharon Gonsalves To:Nai Saephan Cc:Rob Eisele Subject:Against 19 Jay Courts Plans Solar installation Date:Sunday, March 2, 2025 12:58:00 PM Dear Nai, I do not support the plan to install solar at 19 Jay Court. I have concerns regarding its impact and do not believe it is the right decision for this location. Please consider my opposition when reviewing the proposal. Best, Sharon Gonsalves, 138 Golden Ridge Rd, Alamo, CA 94507 1340 From:Dana Weiler To:Nai Saephan Cc:Rob Eisele Subject:Bryan Ranch Solar installation | Jay Ct & Stone Valley Rd Alamo Date:Tuesday, March 4, 2025 7:28:11 AM Good morning Nai, I am a homeowner in the Bryan Ranch community of Alamo. I do not support the plan to install solar at 19 Jay Court. My husband and I have serious concerns regarding its impact and do not believe it is the right decision for this location. Please consider my opposition when reviewing the proposal. I live on Emmons Canyon Drive and have been a resident in the community for 31 years. Thank you very much for your consideration, DANA WEILER Broker Associate m:925 998 8470 Ranked Top 10 Agent by Sales Volume for Alamo Agency Office TheAgencyRE.com DRE# 00956555 THEAGENCY A Global Marketing and Sales Organization 1341 From:Daniel Gautsch To:Nai Saephan Cc:Rob Eisele Subject:Opposition to to the proposed Tree Removal and Ground-Mounted Solar System at 19 Jay Court Date:Wednesday, March 5, 2025 11:43:51 AM Nai Saephan: I am a homeowner in nearby White Gate Subdivision. I do not support the plan to install solar at 19 Jay Court, Alamo, CA. I have concerns regarding its impact and do not believe it is the right decision for this location. Please consider my opposition when reviewing the proposal. Sincerely, Daniel M. Gautsch 1821 Piedras Circle Alamo, CA Board Member and Open Space Committee Member White Gate Homeowners Association 1342 From:Bruce Licht To:Nai Saephan Cc:Rob Eisele Subject:Proposed Tree Removal and Ground-Mounted Solar System plan at 19 Jay Court Date:Tuesday, March 4, 2025 6:52:56 AM Dear Nal, I am a homeowner in Bryan Ranch, living at 511 Carleton Way. I am very much opposed to the proposed Tree Removal and Ground-Mounted Solar System plan at 19 Jay Court. I have many concerns regarding its impact and do not believe it is remotely the right decision for this location (or any location) at all. It is right at the entrance to our development, will be a huge eye-sore, and will open up a huge can of worms. Maybe I should consider putting up a solar array in the open space behind my house when I decide to purchase solar? If they can do it, why can’t I, or others? This will lead to our development not being as beautiful, becoming a hodge- podge of different uses in our development’s open spaces (which we all own and contribute financially to maintain, and the lowering of value of our homes. It is beyond me that this could even be considered as acceptable. Please consider my strong opposition when reviewing the proposal. Bruce Licht 511 Carleton Way 1343 From:JOSEPH MURPHY To:Nai Saephan Cc:Rob Eisele Subject:Solar at Jay Court Date:Tuesday, March 4, 2025 8:39:56 AM I am a homeowner in Bryan Ranch. I do not support the plan to install solar at 19 Jay Court. I have concerns regarding its impact and do not believe it is the right decision for this location. Please consider my opposition when reviewing the proposal. Joseph and Cathy Murphy 1349 Virginia St Alamo, Ca. 94507 1344 From:tony kalliaras To:Nai Saephan Subject:Solar project Bryant Ranch Date:Tuesday, March 4, 2025 7:18:33 PM I am a homeowner in Bryan Ranch. I do not support the plan to install solar at 19 Jay Court. I have concerns regarding its impact and do not believe it is the right decision for this location. Please consider my opposition when reviewing the proposal. Thanks Tony Kalliaras 1316 Virginia street Get Outlook for iOS 1345 From:Rob Eisele To:Nai Saephan; Jennifer Cruz; John Kopchik Subject:CDT24-00068 Frustration and Anger at County Bureaucracy Date:Monday, March 17, 2025 1:41:12 PM Nai/Jennifer/John From the County's Tree Permit Findings 1. Reasonable development of the property would require the alteration of the trees, and the installation of ground mounted solar/PV could not be reasonably accommodated on another area of the lot. Opposition Comments Well, that depends on your definition of "reasonably". Reasonable to the County Zoning Administrator is the following: 1. Remove 3 code- protected Oak trees, 30+ years of age, with 20+ foot deep roots that are well known for stabilizing slopes and prevent slope creep. 2. Sink 8 piers into the slope for PV brackets, drill holes for numerous posts for 150 lineal feet of fence, and trench 120 feet for power cables and an irrigation system. 3. Install 150 feet of fence around the PV panels 4. Maintain the newly planted landscaping on the slope forever. 5. Install a drainage system to collect and dispose of rainwater from the 600+ square feet of panels 6. Hire an arborist 7. Submit a plan and replant 3–15-gallon trees which comply with the County's Efficient Landscape Ordinance. 8. Transition the slope area from "open space" to a landscaped area, which means purchasing and installing plants and a irrigation system to satisfy BR HOA CC&R requirements. Reasonable to the Opposition: The Alternative Roof Solar is much simpler 1. Trim or thin 3 Coastal 80-foot Redwood trees on the flat portion of the lot, which will maximize peak sunlight time on the roof because they face south. 2. Install PV panels on existing roof which has 10-year remaining life according to the property owner. 3. Potentially use fewer PV panels due to the longer average sunlight time than the ground-system. Frustration and Anger with Government 1346 Government employees wonder why citizens dislike government bureaucracy so much. It has taken over 200 hours to organize and fight this very bad idea. It has created substantial angst in our neighborhood. 225+ residents have signed a Petition opposing the Tree Removal for the purposes of installing a Ground- Mounted Solar System. Roof Solar is the de facto standard in residential neighborhoods for good reason. That should have been immediately obvious to everyone from day one. Rob Eisele3314 Stone Valley RoadAlamo, CA 94507 925-202-6406 1347 From:Rob Eisele To:Nai Saephan Cc:Heidi Zuber-Welsh; boboxenburgh@gmail.com; Kristin Manella; Ken Brans Subject:CDTP24-00064 19 Jay Court Date:Friday, February 28, 2025 12:19:34 PM Nai We would like to address an issue which may, at first, seem to impact the decision on 19 Jay Court's Tree(s) Removal Permit and Proposed Ground-Mounted Solar System. There is a ground-based pool solar system on the adjacent lot/slope. However, there are significant differences between the pool solar system and 19 Jay Court's plans. There is no residence directly across the street from the pool solar system. The pool solar panels lie flat on the ground and cannot be seen above its surrounding fence. The pool solar footprint is much smaller, nowhere near the enormous size of photovoltaic system 19 Jay Court plans to install and does not proceed nearly as far down the slope. The photovoltaic panels will be visible to all despite the installation of a surrounding fence because of hillside's slope and one end of each panel will sit 4-5' off the ground. The photovoltaic system is a potential safety hazard as they will be located within 25' of Stone Valley Road, a major thoroughfare. See the aerial picture attached......the pool solar is shown clearly on the next lot and the red oval shows the location of the proposed 28 panel photovoltaic array, whose size will be an enormous 40'x16', actually 46'x 22' when you allow for fencing. On the subject of tree removal, we also wish to illuminate some duplicity by the Property Owner.. The Coast Live Oak 11”DBH 12’ spread tree (one of the 3 code-protected trees proposed to be removed) is a gorgeous tree, in addition to its other attributes, such a soil stabilization, whose only reason the Property Owner wants it removed is because it will shade the proposed ground-mounted solar system. So, we are calling out this duplicity, the Property Owner is willing to remove a gorgeous native, code-protected Coast Live Oak but refuses to thin or cut down any of his non-native Coastal Redwoods because they shade his roof, making it too shady for roof solar. One other challenge on the Coastal Oak Tree: The Coast Oak is listed (Construction Plans, page2, The Mounting Plan) as having only a 12’ spread, that is clearly wrong, more like twice that. Please route this email to the County staff, AIA, AlamoMAC. Rob Eisele3314 Stone Valley Road Alamo, CA 94507 925-202-6406 1348 From:Rob Eisele To:Nai Saephan Subject:CDTP24-00064 Urgent Community Opposition to Tree Removal and Ground-Mounted Solar Permits at 19 Jay Ct, Alamo Date:Sunday, February 23, 2025 12:03:13 PM Attachments:S250223Opposition Summary.docx 250222 EconomicAlternative Comparison - 3 Cases.xlsx Mr. Nai Saephan Please see attached and linked documents for distribution to County staff, Alamo Mac, Alamo Improvement Association. Thank you. Primary Attachments 1. Opposition Summary (MS Word) (attached) 2.Ginn Project Opposition Deck (MS PowerPoint) (14MB) link: 250223Ginn Opposition Deck.pptx Note: recommend viewing in PPT app; View: Notes Page view 3. Petition link:https://chng.it/6JHbQ658MX 4. Economic Comparison of Alternatives (MS Excel) (attached) Background Attachments/Links 5. Document_2025_01_11 (CCC Notification of Tree Permit) link: Document_2025-01-11_074623.pdf 6. 250114Appeal Ltr to CCC link: 250114Appeal Letter to Contra Costa County - Ginn Property.docx 7. 250117CCC Appeal Accepted Ltr link:250117CCC Appeal Accepted Ltr.pdf 8. CCC Planner Post Site Visit Recommending Approval (MS Word) 250204NaiSaephanCCCPostSiteRecommendation.docx 9. Miscellaneous Correspondence w/Ginn link:250212MiscCorrepondencewithGinn.docx 10. Solar Contractor Construction Drawings 21MB file; link: Construction Plans CDTP24-00064 (5).pdf 11. Licensed Solar and Tree Contractor Quotes:250221Licensed Contractors Quotes.docx 1349 Rob Eisele 925-202-6406 1350 February 23, 2025 Via Email (nai.saephan@dcd.cccounty.us) Department of Conservation and Development Attn: Nai Saephan Attn: Jennifer R. Cruz, Deputy Zone Administrator 30 Muir Rd. Martinez, CA 94553 Subject: CDTP24-00064 Urgent Community Opposition to Tree Removal and Ground- Mounted Solar Permits at 19 Jay Ct, Alamo Dear Members of the Planning Commission, On behalf of over 200 concerned homeowners, I urgently submit our opposition to the proposed permits for removing three code-protected oak trees and installing a ground- mounted photovoltaic solar system at 19 Jay Ct. For 45 years, the entrance to Bryan Ranch has stood as a cherished natural open space maintained by the BR HOA—a dening element of our community’s character. Approving these permits would not only violate our county’s Tree Preservation Code but would permanently mar the aesthetics, environmental stability, and safety of our neighborhood. Situational Overview: •Interrelated Permits:The removal of the three oak trees is intrinsically linked to the installation of a solar array with an initial footprint of approximately 40’x 15’, expanding to roughly 48’x 23’when accounting for a surrounding fence and landscaping. •Deviation from Standard Practice:While the default solar solution for single-family residences is a roof-mounted system, Mr. Ginn’s proposal for a ground-mounted alternative appears driven more by personal preference—to preserve his at outdoor living area—than by genuine cost considerations. •Underlying Concerns:Mr. Ginn’s cost-related arguments hinge on replacing his aging wood-shake roof and the expenses associated with trimming or removing massive coastal redwoods. However, his current insurance challenges (FAIR plan)and the elevated re risk in our Wildre Urban Interface (WUI) zone underscore the imprudence of his approach. 1351 County Code Compliance – Q&A Section: In evaluating the application under County Code Section 816-6.8010, we note several critical violations: Q: Does the proposed removal of a healthy tree align with the code’s intent? •A:No. The code mandates preserving healthy trees when a reasonable redesign is possible. A roof-mounted solar system would completely avoid the need for tree removal. Q: Could the tree removal cause problems with drainage, erosion, land stability, and visual screening? •A:Yes. Removal is likely to adversely aect drainage, erosion control, land stability, and visual screening—problems that cannot be mitigated once the trees are gone. Q: Is the value of the tree to the neighborhood outweighed by the owner’s hardship? •A:No. Over 200 Bryan Ranch and Whitegate neighbors have signed a petition opposing the removal, highlighting that the tree’s value in enhancing privacy, aesthetics, and natural beauty far exceeds any claimed hardship. Q: Are there reasonable alternatives to the proposed trenching and grading? •A:No. The construction plans require approximately 120 feet of trenching to bury power lines from the solar array to the house, further destabilizing the hillside. Additional Critical Concerns: • Environmental Impact:The oak trees play a pivotal role in preventing slope creep on this steep hillside by stabilizing the soil with their deep roots. Their removal, coupled with the installation of at least eight concrete piers, threatens signicant erosion and drainage issues. •Aesthetic Degradation:The proposed 28-panel system, with its enormous footprint, will irreversibly alter the historic entrance of Bryan Ranch and serve as an unsightly eyesore along Stone Valley Road—the only thoroughfare for our community. 1352 • Safety and Economic Implications:Mr. Ginn’s current insurance predicament and the heightened re risk—exacerbated by his aging roof and untrimmed redwoods— pose severe threats to public safety. A comprehensive 10-year Net Present Value analysis (separate attachment)conrms that a roof-mounted system, accompanied by timely roof replacement and necessary tree maintenance, is a far superior alternative in both safety and cost. In addition, the system will prominently face and be approximately 25 feet from a major thoroughfare (Stone Valley Road) as well as the front yard of the house directly across the street. It will also be highly visible to 200+ residents whose homes must pass the site at least twice a day as Stone Valley Road is the only road to their home. •Maintenance Underestimated – roof solar requires minimal maintenance; a ground-mounted solar system requires constant maintenance of surrounding fencing, shrubbery and irrigation. Requested Action: In light of these compelling concerns, we respectfully urge the Planning Commission to: • Deny the Tree Removal Permit (CDTP-00064):Uphold the county’s Tree Preservation Code and protect a vital community asset. • Deny the Building Permit for the Ground-Mounted Solar System:Prevent irreversible environmental damage, maintain community aesthetics, and safeguard public safety. The future of Bryan Ranch depends on preserving its natural beauty and ensuring safe, sustainable development. We trust that the Commission will act decisively to reject this proposal in the best interests of our community. An Economic Alternative Comparison and Summary of Licensed Contractors Quotes can be found on the next page. Sincerely, Robert J. Eisele 3314 Stone Valley Road Alamo, CA 94507 Reisele001@msn.com 925-202-6406 1353 CDTP24-00064 Economic Alternatives Comparison A Net Present Value (NPV) method was used because it evaluates the cost of a project over a period of time, not just the initial costs. NPV is a commonly used nancial tool,widely employed by Fortune 500 companies, to evaluate projects. A 10-year period was selected because the property-owner said that was the remaining useful life of his existing wood- shake roof. Three cases were evaluated: Case 1 – Ground-Mounted Solar System (Property owner’s preferred alternative) Case 2 - Roof Solar System with New Composite Shingle Roof, Year 1, Trees Trimmed/Thinned/Removed Case 3 - Roof Solar on Wood-Shake Roof, Re-roof, Year10, No Tree Work* A summary of the nancial results using the 10-year Net Present Value methodology follows, with the lowest cost alternative being the preferred alternative. CASE 10-Year Net Present Valued (NPV) #1 $37,471 #2 $6,872 #3 $36,286* *The property owner’s solar contractor evaluated Roof Solar on the existing wood-shake roof with NO additional tree trimming/thinning/removal and determined and additional 10 solar panels would be required for a total of 38. This solution was evaluated from a cost perspective but is not recommended because of fire risk and insurance concerns. A complete list of assumptions and calculations for the NPV can be found in a separate attached Excel spreadsheet. Licensed Contractor Quotes In addition, we have the following quotes from licensed solar and tree contractors, which demonstrate that ground-mounted systems cost more than roof solar, and the cost of tree work is quite reasonable. 1354 Ground-Mounted Solar vs. Roof Solar at 19 Jay Court (equipment & installation): $10,500 more for the Ground-Mounted System 80’Redwood Tree Work is quoted at very reasonable rates, not the large, expensive cost the property owner claims for tree work on his property: Tree Thinning: $500/tree Tree Removal: $2000/tree Late input 2/23/2025: In our Economic Alternative Comparison we used $70,000 as the roof replacement cost but just learned that Bryan Ranch neighbor with a 4500 square foot home replaced his roof with Presidential Composite Shingle for $58,000. 19 Jay Court is a 3500 square foot home, therefore, we estimate the cost to replace its roof is $55,000, making Case 2 - Roof Solar System with New Composite Shingle Roof, Year 1, our recommended alternative, in our Economic Alternatives Comparison even more favorable for the property owner. 1355 From:Rob Eisele To:jennifer.cruz@dcd.ccounty.us Cc:Nai Saephan; Syd Sotoodeh Subject:Fw: CDTP24-00064 Date:Friday, February 14, 2025 7:51:48 AM Jennifer R. Cruz - Deputy Zoning Administrator Hello. I am hoping you can help me understand the basis of the tentative approval for the removal of 3 code-protected oak trees, which is a precursor for a building permit to install a ground-mounted solar system in a single-family residential development. I would have thought the default would have been NO, but as indicated I just don't understand the process. Our development, Bryan Ranch and sister development, Whitegate, both located in Alamo, has circulated a petition opposing the tree removal and ground-mounted solar system and now has over 200 signatures. Is it as simple as the zoning for the 19 Jay Ct is P-1, which allows a structure, such as ground- mounted solar system? Or is it something else, such as CA Solar Rights Act, which is over- riding common sense in this case, because the site has numerous fatal flaws, which I would be happy to enumerate. We have filed an Appeal which has been accepted by the County, a site visit has been made by a planner and as part of our preparation for the Hearing, we are seeking answers and a better understanding of the process. I am available for a phone call if you prefer to handle my inquiry in that manner. Thank you for listening....... Robert Eisele 3314 Stone Valley RoadAlamo, CA 94507925-202-6406 1356 From:Rob Eisele To:Nai Saephan Subject:Ginn Permit Request and Solar System Date:Wednesday, January 22, 2025 6:01:49 AM Attachments:250120BR CC&RsDocument.pdf Nai Apologies for yet another email. I would like to focus on the immediate Permit request to the County for the Removal of 3 code protected trees. At the same time fully acknowledging the two issues, tree removal and solar installation, are intertwined. The Removal of 3 Code-protected trees, besides destroying the aesthetics of the entryway into Bryan Ranch and nearby neighbors, could create other major problems. Oak trees are known for stabilizing the soil on slopes because of their deep roots. Without the protection of an oak tree, slope soil instability, known as “slope creep”, can become a major problem even affecting adjoining properties, like adjacent lots 13, 16 and the wall common area. Another concern with tree removal is water drainage during storms or irrigation from Ginn’s yard above. Neither of these issues have been addressed by Mr. Ginn on what is a very steeply sloped hillside. An area which, by-the-way, the Bryan Ranch HO Assn. gardener has maintained for the last 45 years. Regarding the ground-mounted solar system, I imagine the topics you wish to discuss with Mr. Ginn is the lack of sufficient information about the solar system installation and its impact. To my knowledge, Mr. Ginn has not submitted any detailed plans. The plans are important because they would address issues, such as: Plot plan and equipment footprint, slope elevation, water drainage, slope creep, fencing, and irrigation for screening plants. Nor has Mr. Ginn submitted such plans to the BR HO Assn as required by our CC&Rs. The point being Mr. Ginn should not be submitting permits requests for the removal of code-protected trees until he has given everyone a full and complete description of his project. Reference:BR CC&Rs 3.04 Subsection A and B. DETATCHED SINGLE FAMILY AREAS: CONSTRUCTION AND ALTERATION OF IMPROVEMENTS (also references Section 3.02).A copy of the BR CC&Rs is attached. Ginn's property is a large lot. In addition to a roof solar installation, other alternatives have not been explored. Thank you for listening....... Rob Eisele 3314 Stone Valley Road Alamo, CA 94507925-202-6406 1357 Peter Geissler, Ph.D., P.E. GEISSLER ENGINEERING 83e Beach Road, Belvedere, CA 94920 ENGINEER’S OPINION LETTER April 4th, 2025 TO WHOM IT MAY CONCERN This is Dr. Peter Geissler, PhD, PE of Geissler Engineering. From a civil engineering and geotechnical engineering perspective, I have been asked to review plans for a proposed ground mounted solar panel system to be constructed approximately 35 feet uphill of Stone Valley Road on a 30-degree slope embankment. There are several civil engineering and geotechnical engineering problems with this design, as follows. EARTHQUAKE FAULT The proposed location is very close to an earthquake fault. [Ref: Zoom Map to see Green Valley fault near Stone Valley Road, attached.] During construction, excavations in this area are subject to earthquake loading. Following construction, the proposed ground mounted solar panel system is subject to earthquake loading. This seismic loading must be considered by the civil/structural engineer. Prior to any excavations on this embankment, Geissler Engineering recommends requiring a soil report to better evaluate the potential for seismic loading. SOIL CONDITIONS The proposed shallow foundation elements are inadequate to resist seasonal shrink-swell movement in highly expansive fine-grained clayey subgrade soils. The soil conditions in Alamo are generally recognized as “highly expansive” and subject to seasonal shrink-swell activity due to seasonal variation of the hydration of the fine-grained soil. The shrink-swell behavior of the surficial (less than 5 feet in depth) soil must be considered in the design of deep friction piers. 1358 Peter Geissler, Ph.D., P.E. GEISSLER ENGINEERING 83e Beach Road, Belvedere, CA 94920 The pier depths must be at least 8 feet deep. The proposed plans call for pier depths ranging from 3’8” to 5’-6”. That is too shallow. A more appropriate footing design would be 8 feet in depth. It is not practical to hand excavate pier holes 8 feet deep owing to the OSHA limit for hand-dug excavations (5 feet deep). [Ref: Section 1926.652 - Occupational Safety and Health Administration]. Therefore, heavy truck-mounted drilling equipment is required. TREE REMOVAL The proposed design calls for the removal of three oak trees. This is contra-indicated because the oak tree roots contribute to hillside stability of the 30-degree upslope embankment. STORMWATER RUNOFF The proposed solar panel array measures 40 ft x 15 ft = 600 sq ft. The solar panels are impermeable. The net result is a concentration of stormwater surface runoff onto the surface of the embankment immediately below the downhill edge of the solar panel array. This concentrated surface runoff causes excessive surface seepage immediately downhill from the solar panel. This is contra-indicated, where, as here, there is already a problem with excessive subsurface seepage below the adjoining public-right-of-way. Good civil engineering practice requires a seepage pit with the capacity for slowly dissipating the stormwater discharge into deeper soil strata. EXCESS SUBGRADE SEEPAGE BELOW STONE VALLEY ROAD The asphalt pavement along Stone Valley Road already exhibits so-called alligator pavement cracks owing to excessive subsurface seepage. [See photo IMG_2362.pdf, attached.] Any additional stormwater runoff immediately uphill of Stone Valley Road increases subsurface seepage and loosening of subgrade soils. RECOMMENDATIONS Geissler Engineering recommends a soil report to evaluate seismic (earthquake) loads. 1359 Peter Geissler, Ph.D., P.E. GEISSLER ENGINEERING 83e Beach Road, Belvedere, CA 94920 Geissler Engineering recommends deeper (8 feet) pier foundations. Geissler Engineering recommends a stormwater Drainage Plan. Geissler Engineering recommends against adding to the existing problem of excessive seepage below Stone Valley Road. 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N O C R A N E O R H E A V Y MA C H I N E R Y W I L L B E U S E D . (N) P E P P E R T R E E (S C H I N U S M O L L E - 1 5 G A L L O N S I Z E ) (N) CH I N E S E P I S T A C H E (P I S T A C I A C H I N E N S I S - 1 5 G A L L O N S I Z E ) (N ) ME Y E R L E M O N TR E E ( 1 5 G A L L O N SI Z E ) ST A M P E D 0 3 / 0 7 / 2 0 2 5 13 7 4 14 5 ' 71' 185 ' 38' 150 ' 136'-4" 46 ' - 6 " 69 ' - 5 " 26 ' - 1 " 76 ' - 1 " JB MSP AC UM AC IN V SUB SUB JB MSP AC UM AC IN V SUB SUB PV - 2 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 NO T E S : 1. M I N O R F I E L D A D J U S T M E N T S A L L O W E D B A S E D ON A C T U A L S I T E C O N D I T I O N A N D ME A S U R E M E N T S . 2. T H E 3 0 S E C O N D S H U T D O W N R E Q U I R E M E N T I S IN C O R P O R A T E D I N T O T H E 2 0 2 2 C E C A N D U L ST A N D A R D 1 7 4 1 . 3. E X I S T I N G R O O F V E N T S H O U L D N O T B E CO V E R E D . SI T E P L A N SC A L E : 1 / 6 4 " = 1 ' - 0 " SI T E P L A N 1 LE G E N D MO D U L E MS P AC JB AC D I S C O N N E C T MA I N S E R V I C E P A N E L JU N C T I O N B O X IN V IN V E R T E R UT I L I T Y M E T E R UM RO O F O B S T R U C T I O N S AP N : 1 9 3 6 7 0 0 1 6 8 AC R E A G E : 4 . 4 2 A C R E S EN L A R G E V I E W DR I V E W A Y JAY COURT RO O F L I N E PR O P E R T Y L I N E FE N C E FE N C E (N ) J - B O X RO O F O B S T R U C T I O N PO O L (E ) M A I N S E R V I C E P A N E L (E ) U T I L I T Y M E T E R (N ) # 1 I N V E R T E R : S O L A R E D G E SE 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] (N ) A C D I S C O N N E C T (N ) F U S E D A C D I S C O N N E C T PR O P E R T Y L I N E (N ) 3 / 4 " P V C U N D E R G R O U N D CO N D U I T @ 1 8 " B E L O W GR A D E ~ 1 2 0 ' ( T R E N C H E D ) SU B SU B P A N E L (E ) S U B P A N E L A (N ) S U B P A N E L 5/ 8 / 2 0 2 3 13 7 5 JB MSP AC UM AC IN V SUB SUB PV - 3 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 MO U N T I N G P L A N SC A L E : 1 / 1 6 " = 1 ' - 0 " MO U N T I N G P L A N 2 LE G E N D MO D U L E MS P AC JB AC D I S C O N N E C T MA I N S E R V I C E P A N E L JU N C T I O N B O X IN V IN V E R T E R UT I L I T Y M E T E R UM RO O F O B S T R U C T I O N S AR R A Y T Y P E AZ I M U T H # O F MO D U L E S GR O U N D M O U N T 1 2 4 28 (N ) J - B O X (N ) A C D I S C O N N E C T (N ) I N V E R T E R : S O L A R E D G E SE 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] (N ) F U S E D A C D I S C O N N E C T (E ) M A I N S E R V I C E P A N E L (E ) U T I L I T Y M E T E R (N ) 3 / 4 " P V C U N D E R G R O U N D CO N D U I T @ 1 8 " B E L O W GR A D E ~ 1 2 0 ' ( T R E N C H E D ) (N ) # 2 8 F R E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 AR R A Y A R E A SQ . F T . 67 2 . 6 4 JAY COURT SU B SU B P A N E L (E ) S U B P A N E L A (N ) S U B P A N E L 5/ 8 / 2 0 2 3 13 7 6 Su b a r r a y # 1 Ro w s 4 Co l u m n s 7 # A r r a y s 1 Ar e a 39 ' 9 " ( E W ) × 1 5 ' 2 " ( N S ) Ra i l t y p e XR 1 0 0 0 Di a g o n a l b r a c i n g no E/ W s p a c i n g 12 ' Ra i l c a n t i l e v e r 3' 4 " Pi p e c a n t i l e v e r 1' 1 0 " Pi e r s / a r r a y 8 To t a l s o u t h p i e r s 4 ( 6 ' ) To t a l n o r t h p i e r s 4 ( 7 ' 1 1 " ) To t a l c r o s s p i p e s 2 ( 3 9 ' 9 " ) To t a l p i p e l e n g t h 13 5 ' 4 " Sh e a r 1, 5 3 2 l b s Mo m e n t 3, 8 3 0 f t - l b s Up l i f t -1 , 3 2 1 l b s 39 ' 9 " 17' 15' 1' 1 0 " CA N T I L E V E R 12 ' E- W P I E R S P A C I N G 9'N-S PIER SPACING CR O S S P I P E L E N G T H XR 1 0 0 0 R a i l Fr o n t V i e w 3” T O P C A P 3” P I P E / T U B I N G 3” R A I L C O N N E C T O R XR 1 0 0 0 R A I L PV M O D U L E Si d e V i e w 3” P I P E / T U B I N G 3” T O P C A P 3” R A I L C O N N E C T O R XR 1 0 0 0 R A I L PV M O D U L E UN I V E R S A L F A S T E N I N G O B J E C Cl a m p D e t a i l Mi d C l a m p , P l a n UN I V E R S A L FA S T E N I N G OB J E C T PV M O D U L E FR A M E Mi d C l a m p , F r o n t RA I L PV M O D U L E FR A M E UN I V E R S A L FA S T E N I N G OB J E C T En d C l a m p , P l a n ST O P P E R SL E E V E UN I V E R S A L FA S T E N I N G OB J E C T PV M O D U L E FR A M E RA I L 1” En d C l a m p , F r o n t PV M O D U L E FR A M E RA I L UN I V E R S A L FA S T E N I N G OB J E C T ST O P P E R SL E E V E 1” 204 " RA I L 2' HO L E D I A M E T E R 5' 6" DE P T H HO L E 3' 8" 2' 4" 4' 3" 5' 1" CL E A R A N C E NO R T H 2' 1" CL E A R A N C E SO U T H N- S P I E R S P A C I N G 9' 10 ° 20 ° 30 ° So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 PV - 4 . 0 ST R U C T U R A L 5/ 8 / 2 0 2 3 13 7 8 WI R E S C H E D U L E RA C E W A Y # EQ U I P M E N T WI R E L O C A T I O N CO N D U C T O R QT Y . AW G WI R E SI Z E ST A R T I N G AL L O W A B L E AM P A C I T Y 31 0 . 1 5 ( B ) ( 1 6 ) TE M P E R A T U R E RA T I N G ( ° C ) ST A R T I N G CU R R E N T AP P L I E D T O CO N D U C T O R S IN R A C E W A Y TE M P E R A T U R E CO R R E C T I O N FA C T O R 31 0 . 1 5 ( B ) ( 2 ) ( a ) AD J U S T M E N T FA C T O R F O R MO R E T H A N 3 CO N D U C T O R S 31 0 . 1 5 ( B ) ( 3 ) ( a ) AD J U S T E D CO N D U C T O R AM P A C I T Y MA X I M U M CU R R E N T AP P L I E D T O CO N D U C T O R S IN R A C E W A Y 1 D C M O D U L E TO O P T I M I Z E R R O O F / F R E E - A I R 2 10 4 0 9 0 ° 13 . 7 9 0 . 9 6 1 38 . 4 0 17 . 2 4 2 D C O P T I M I Z E R TO J U N C T I O N B O X R O O F / F R E E - A I R 2 10 4 0 9 0 ° 15 0 . 9 6 1 38 . 4 0 1 8 . 7 5 3 DC J U N C T I O N B O X T O IN V E R T E R E X T E R I O R W A L L 4 10 4 0 9 0 ° 15 0 . 9 6 0. 8 3 0 . 7 2 1 8 . 7 5 4 A C I N V E R T E R TO A C D I S C O N N E C T E X T E R I O R W A L L 3 6 5 0 75 ° 3 2 0. 9 6 1 48 . 0 0 4 0 . 0 0 5 AC A C D I S C O N N E C T T O F U S E D A C D I S C O N N E C T P V C TR E N C H I N G 3 6 5 0 75 ° 3 2 0. 9 6 1 48 . 0 0 4 0 . 0 0 6 AC F U S E D A C D I S C O N N E C T T O P O I EX T E R I O R W A L L 3 6 6 5 75 ° 3 2 0. 9 6 1 62 . 4 0 4 0 . 0 0 7 A C S U B P A N E L TO M S P EX T E R I O R W A L L 3 2 11 5 7 5 ° 80 0 . 9 6 1 11 0 . 4 0 1 0 0 . 0 0 UM (E ) U T I L I T Y ME T E R (N ) 1 0 0 A R A T E D SU B P A N E L 1P H , 1 2 0 / 2 4 0 V 6 0 H Z TO U T I L I T Y UN D E R G R O U N D FE E D (E ) G R O U N D I N G E L E C T R O D E CO N D U C T O R # 6 B A R E C O P P E R (N ) S O L A R E D G E SO L A R E D G E SE 7 6 0 0 H - U S R G M [2 4 0 ] [ S I 1 - S 8 ] IN V E R T E R AC DC RA P I D SH U T D O W N SW I T C H AC D I S C O N N E C T KN I F E B L A D E , LO C K A B L E , N E M A 3 R , UL L I S T E D SQ U A R E D D U 2 2 2 R B 3 - #8 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T (N ) 6 0 A R A T E D SO L A R E D G E S 4 4 0 PO W E R O P T I M I Z E R S JU N C T I O N BO X ST R I N G - 1 2 - # 1 0 A W G , P V W I R E 1 - # 6 A W G I N F R E E A I R O R #8 A W G M U S T B E I N E M T C O N D U I T ST R I N G - 2 SO L A R E D G E S 4 4 0 PO W E R O P T I M I Z E R S 2 - # 1 0 A W G , PV W I R E 14 FR E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 14 FR E E D O M FO R E V E R : F F - M P - B B B - 4 0 0 4 - # 1 0 A W G , T H W N - 2 1 - # 1 0 E G C , T H W N - 2 IN 3 / 4 " O R LA R G E R E M T C O N D U I T AC D I S C O N N E C T SQ U A R E D D 2 2 2 N R B W I T H 40 A F U S E S , KN I F E B L A D E , L O C K A B L E , NE M A 3 R , U L L I S T E D 3 - #6 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " P V C U N D E R GR O U N D C O N D U I T @ 18 " B E L O W G R A D E ~ 1 2 0 ' (T R E N C H E D ) (N ) 6 0 A F U S E D 3 - #6 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T EX I S T I N G W I R E (E ) 1 0 0 A R A T E D SU B P A N E L 1P H , 1 2 0 / 2 4 0 V 6 0 H Z (N ) 4 0 A / 2 P PV B R E A K E R (N ) 1 0 0 A / 2 P SU B P A N E L B R E A K E R (E ) 2 0 0 A R A T E D MA I N S E R V I C E PA N E L ( H O T B U S ) 1P H , 1 2 0 / 2 4 0 V 60 H Z (E ) 1 0 0 A / 2 P SU B P A N E L B R E A K E R (N ) 1 0 0 A / 2 P EX I S T I N G SU B P A N E L BR E A K E R 3 - #4 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T PV - 5 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 EL E C T R I C A L 3 L D BA C K F E E D B R E A K E R S I Z I N G MA X . C O N T I N U O U S O U T P U T 3 2 A @ 2 4 0 V 32 X 1 . 2 5 = 4 0 . 0 0 A M P S 4 0 A B R E A K E R - O K MA X D C C U R R E N T : I m a x = 1 . 2 5 X ( O P T I M I Z E R O U T P U T C U R R E N T ) = 1 . 2 5 X 1 5 = 1 8 . 7 5 A MA X A C C U R R E N T : I m a x = 1 . 2 5 X ( S U M O F M A X C O N T I N U O U S O U T P U T C U R R E N T F R O M I N V E R T E R S ) = 1 . 2 5 X ( 3 2 ) = 4 0 . 0 0 A NO T E : 1) C O N D U I T A N D C O N D U C T O R S S P E C I F I C A T I O N S A R E B A S E D O N M I N I M U M C O D E R E Q U I R E M E N T S AN D A R E N O T M E A N T T O L I M I T U P - S I Z I N G A S R E Q U I R E D B Y F I E L D C O N D I T I O N S . 2) A L L C O N D U C T O R S N O T U N D E R A R R A Y A R E T O B E I N C O N D U I T M I N I M U M 7 / 8 " A B O V E R O O F W I T H PR O P E R J U N C T I O N B O X A T E A C H E N D P E R 6 9 0 . 3 1 A MO D U L E I N F O MA K E / M O D E L F R E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 VO C 37 . 0 7 V VM P 31 . 0 1 V IS C 13 . 7 9 A IM P 12 . 9 0 A ST C R A T I N G 40 0 W PT C R A T I N G 37 2 . 3 W NO T E : R E L O C A T E T W O P O L E B R E A K E R FR O M M S P T O N E W S U B P A N E L 13 7 9 WI R E S C H E D U L E RA C E W A Y # EQ U I P M E N T WI R E L O C A T I O N CO N D U C T O R QT Y . AW G WI R E SI Z E ST A R T I N G AL L O W A B L E AM P A C I T Y 31 0 . 1 5 ( B ) ( 1 6 ) TE M P E R A T U R E RA T I N G ( ° C ) ST A R T I N G CU R R E N T AP P L I E D T O CO N D U C T O R S IN R A C E W A Y TE M P E R A T U R E CO R R E C T I O N FA C T O R 31 0 . 1 5 ( B ) ( 2 ) ( a ) AD J U S T M E N T FA C T O R F O R MO R E T H A N 3 CO N D U C T O R S 31 0 . 1 5 ( B ) ( 3 ) ( a ) AD J U S T E D CO N D U C T O R AM P A C I T Y MA X I M U M CU R R E N T AP P L I E D T O CO N D U C T O R S IN R A C E W A Y 1 D C M O D U L E TO O P T I M I Z E R R O O F / F R E E - A I R 2 10 4 0 9 0 ° 13 . 7 9 0 . 9 6 1 38 . 4 0 17 . 2 4 2 D C O P T I M I Z E R TO J U N C T I O N B O X R O O F / F R E E - A I R 2 10 4 0 9 0 ° 15 0 . 9 6 1 38 . 4 0 1 8 . 7 5 3 DC J U N C T I O N B O X T O IN V E R T E R E X T E R I O R W A L L 4 10 4 0 9 0 ° 15 0 . 9 6 0. 8 3 0 . 7 2 1 8 . 7 5 4 A C I N V E R T E R TO A C D I S C O N N E C T E X T E R I O R W A L L 3 6 5 0 75 ° 3 2 0. 9 6 1 48 . 0 0 4 0 . 0 0 5 AC A C D I S C O N N E C T T O F U S E D A C D I S C O N N E C T P V C TR E N C H I N G 3 6 5 0 75 ° 3 2 0. 9 6 1 48 . 0 0 4 0 . 0 0 6 AC F U S E D A C D I S C O N N E C T T O P O I EX T E R I O R W A L L 3 6 6 5 75 ° 3 2 0. 9 6 1 62 . 4 0 4 0 . 0 0 7 A C S U B P A N E L TO M S P EX T E R I O R W A L L 3 2 11 5 7 5 ° 80 0 . 9 6 1 11 0 . 4 0 1 0 0 . 0 0 UM (E ) U T I L I T Y ME T E R (N ) 1 0 0 A R A T E D SU B P A N E L 1P H , 1 2 0 / 2 4 0 V 6 0 H Z TO U T I L I T Y UN D E R G R O U N D FE E D (E ) G R O U N D I N G E L E C T R O D E CO N D U C T O R # 6 B A R E C O P P E R (N ) S O L A R E D G E SO L A R E D G E SE 7 6 0 0 H - U S R G M [2 4 0 ] [ S I 1 - S 8 ] IN V E R T E R AC DC RA P I D SH U T D O W N SW I T C H AC D I S C O N N E C T KN I F E B L A D E , LO C K A B L E , N E M A 3 R , UL L I S T E D SQ U A R E D D U 2 2 2 R B 3 - #8 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T (N ) 6 0 A R A T E D SO L A R E D G E S 4 4 0 PO W E R O P T I M I Z E R S JU N C T I O N BO X ST R I N G - 1 2 - # 1 0 A W G , P V W I R E 1 - # 6 A W G I N F R E E A I R O R #8 A W G M U S T B E I N E M T C O N D U I T ST R I N G - 2 SO L A R E D G E S 4 4 0 PO W E R O P T I M I Z E R S 2 - # 1 0 A W G , PV W I R E 14 FR E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 14 FR E E D O M FO R E V E R : F F - M P - B B B - 4 0 0 4 - # 1 0 A W G , T H W N - 2 1 - # 1 0 E G C , T H W N - 2 IN 3 / 4 " O R LA R G E R E M T C O N D U I T AC D I S C O N N E C T SQ U A R E D D 2 2 2 N R B W I T H 40 A F U S E S , KN I F E B L A D E , L O C K A B L E , NE M A 3 R , U L L I S T E D 3 - #6 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " P V C U N D E R GR O U N D C O N D U I T @ 18 " B E L O W G R A D E ~ 1 2 0 ' (T R E N C H E D ) (N ) 6 0 A F U S E D 3 - #6 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T EX I S T I N G W I R E (E ) 1 0 0 A R A T E D SU B P A N E L 1P H , 1 2 0 / 2 4 0 V 6 0 H Z (N ) 4 0 A / 2 P PV B R E A K E R (N ) 1 0 0 A / 2 P SU B P A N E L B R E A K E R (E ) 2 0 0 A R A T E D MA I N S E R V I C E PA N E L ( H O T B U S ) 1P H , 1 2 0 / 2 4 0 V 60 H Z (E ) 1 0 0 A / 2 P SU B P A N E L B R E A K E R (N ) 1 0 0 A / 2 P EX I S T I N G SU B P A N E L BR E A K E R 3 - #4 AW G , T H W N - 2 1 - # 8 E G C , T H W N - 2 IN 3 / 4 " O R L A R G E R E M T CO N D U I T So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 PV - 6 . 0 EL E C T R I C A L S L D BA C K F E E D B R E A K E R S I Z I N G MA X . C O N T I N U O U S O U T P U T 3 2 A @ 2 4 0 V 32 X 1. 2 5 = 4 0 . 0 0 A M P S 4 0 A B R E A K E R - O K MA X D C C U R R E N T : I m a x = 1 . 2 5 X ( O P T I M I Z E R O U T P U T C U R R E N T ) = 1 . 2 5 X 1 5 = 1 8 . 7 5 A MA X A C C U R R E N T : I m a x = 1 . 2 5 X ( S U M O F M A X C O N T I N U O U S O U T P U T C U R R E N T F R O M I N V E R T E R S ) = 1 . 2 5 X ( 3 2 ) = 4 0 . 0 0 A NO T E : 1) C O N D U I T A N D C O N D U C T O R S S P E C I F I C A T I O N S A R E B A S E D O N M I N I M U M C O D E R E Q U I R E M E N T S AN D A R E N O T M E A N T T O L I M I T U P - S I Z I N G A S R E Q U I R E D B Y F I E L D C O N D I T I O N S . 2) A L L C O N D U C T O R S N O T U N D E R A R R A Y A R E T O B E I N C O N D U I T M I N I M U M 7 / 8 " A B O V E R O O F W I T H PR O P E R J U N C T I O N B O X A T E A C H E N D P E R 6 9 0 . 3 1 A MO D U L E I N F O MA K E / M O D E L F R E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 VO C 37 . 0 7 V VM P 31 . 0 1 V IS C 13 . 7 9 A IM P 12 . 9 0 A ST C R A T I N G 40 0 W PT C R A T I N G 37 2 . 3 W NO T E : R E L O C A T E T W O P O L E B R E A K E R FR O M M S P T O N E W S U B P A N E L 13 8 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 BO M EL E C T R I C A L E Q U I P M E N T S QT Y . PA R T PA R T # DE S C R I P T I O N 28 MO D U L E FF - M P - B B B - 4 0 0 FR E E D O M F O R E V E R : F F - M P - B B B - 4 0 0 28 OP T I M I Z E R S4 4 0 SO L A R E D G E S 4 4 0 P O W E R O P T I M I Z E R S 1 JU N C T I O N B O X 48 0 - 2 7 6 60 0 V D C N E M A 3 R U L L I S T E D J U N C T I O N B O X 1 I N V E R T E R SO L A R E D G E S E 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] SO L A R E D G E S O L A R E D G E S E 7 6 0 0 H - U S R G M [ 2 4 0 ] [ S I 1 - S 8 ] 2 4 0 V 1 A C D I S C O N N E C T DU 2 2 2 R B 60 A R A T E D 2 4 0 V A C N E M A 3 R U L L I S T E D 1 F U S E D A C D I S C O N N E C T D2 2 2 N R B 60 A R A T E D 2 4 0 V A C N E M A 3 R U L L I S T E D 1 SU B P A N E L 10 0 A S U B P A N E L 10 0 A D E D I C A T E D S U B P A N E L BR E A K E R A N D F U S E S QT Y . PA R T PA R T # DE S C R I P T I O N 1 B R E A K E R 40 A 2 - P O L E B R E A K E R ( S ) GE N E R A L 4 0 A 2 - P O L E B R E A K E R ( S ) 1 S U B P A N E L B R E A K E R 10 0 A 2 - P O L E B R E A K E R ( S ) GE N E R A L 1 0 0 A 2 - P O L E B R E A K E R ( S ) MA T E R I A L L I S T PV - 7 . 0 RA C K I N G QT Y . PA R T PA R T # DE S C R I P T I O N 14 R A I L XR - 1 0 0 0 - 2 0 4 A XR 1 0 0 0 , R A I L 2 0 4 " ( 1 7 F E E T ) C L E A R 42 M I D C L A M P UF O - C L - 0 1 - A 1 UN I V E R S A L M O D U L E C L A M P , C L E A R 28 E N D C L A M P UF O - S T P - 3 5 M M - M 1 ST O P P E R S L E E V E , 3 0 M M , M I L L 6 SG A T O P C A P 70 - 0 3 0 0 - S G A SG A T O P C A P A T 3 " 28 RA I L C O N N E C T O R GM - B R C 3 - 0 1 - M 1 GR O U N D M O U N T B O N D E D R A I L C O N N E C T O R - 2 " 1 G R O U N D I N G L U G XR - L U G - 0 3 - A 1 GR O U N D I N G L U G , L O W P R O F I L E 13 8 1 PV - 8 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 EL E C T R I C A L PH O T O S EX I S T I N G S E R V I C E P A N E L P H O T O S 13 8 2 PV - 9 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 1. C E C AR T I C L E S 6 9 0 A N D 7 0 5 A N D CE C SE C T I O N R 3 2 4 M A R K I N G S SH O W N H E R E O N . 2. A L L M A R K I N G S H A L L C O N S I S T O F T H E F O L L O W I N G : A. U V R E S I S T A N T S I G N M A T E R I A L W I T H E N G R A V E D O R MA C H I N E P R I N T E D L E T T E R S O R E L E C T R O - P L A T I N G . B. R E D B A C K G R O U N D C O L O R W H I T E T E X T A N D L I N E WO R K . C. A E R I A L F O N T . 3. A L L S I G N S S H A L L B E S I Z E D A P P R O P R I A T E L Y A N D P L A C E D I N TH E L O C A T I O N S S P E C I F I E D . S I G N A G E C A N N O T B E HA N D - W R I T T E N . 4. S I G N S S H A L L B E A T T A C H E D T O T H E S E R V I C E E Q U I P M E N T W I T H PO P - R I V E T S O R S C R E W S . NO T E S : SI G N A G E M CE C 6 9 0 . 5 4 CE C 7 0 5 . 1 2 ( D ) ( 2 ) ( 3 ) ( b ) [N o t r e q u i r e d i f p a n e l b o a r d i s r a t e d n o t le s s t h a n s u m o f a m p e r e r a t i n g s o f a l l ov e r c u r r e n t d e v i c e s s u p p l y i n g i t ] "W A R N I N G " DU A L P O W E R S O U R C E S SE C O N D S O U R C E I S P H O T O V O L T A I C S Y S T E M RA T E D A C O U T P U T C U R R E N T - 32 AM P S AC N O R M A L O P E R A T I N G V O L T A G E - 2 4 0 V O L T S WA R N I N G : PO W E R S O U R C E O U T P U T CO N N E C T I O N DO N O T R E L O C A T E T H I S OV E R C U R R E N T D E V I C E . AC PV S Y S T E M A C D I S C O N N E C T RA T E D A C O U T P U T C U R R E N T - 32 AM P S AC N O R M A L O P E R A T I N G V O L T A G E - 2 4 0 V O L T S WA R N I N G : P H O T O V O L T A I C PO W E R S O U R C E IN V E R T E R AR R A Y J/ B CE C 6 9 0 . 3 5 ( F ) [O n l y r e q u i r e d f o r u n d e r g r o u n d sy s t e m ] WA R N I N G : EL E C T R I C S H O C K H A Z A R D . T H E D C CO N D U C T O R S O F T H I S P H O T O V O L T A I C SY S T E M A R E U N G R O U N D E D A N D M A Y BE E N E R G I Z E D CE C 7 0 5 . 1 2 ( D ) ( 2 ) ( 3 ) [M a r k e d o n j u n c t i o n / c o m b i n e r b o x e s an d c o n d u i t e v e r y 1 0 * ] CE C 6 9 0 . 5 ( C ) [N o r m a l l y a l r e a d y p r e s e n t o n l i s t e d i n v e r t e r s ] "W A R N I N G " EL E C T R I C S H O C K H A Z A R D IF A G R O U N D F A U L T I S I N D I C A T E D , NO R M A L L Y G R O U N D E D C O N D U C T O R S MA Y B E U N G R O U N D E D A N D E N E R G I Z E D CE C 6 9 0 . 1 7 ( E ) "W A R N I N G " EL E C T R I C S H O C K H A Z A R D DO N O T T O U C H T E R M I N A L S TE R M I N A L S O N B O T H L I N E A N D L O A D SI D E M A Y B E E N E R G I Z E D I N T H E OP E N P O S I T I O N "W A R N I N G " TH I S E Q U I P M E N T F E D B Y M U L T I P L E S O U R C E S . TO T A L R A T I N G O F A L L O V E R C U R R E N T D E V I C E S , EX C L U D I N G M A I N S U P P L Y O V E R C U R R E N T D E V I C E , SH A L L N O T E X C E E D A M P A C I T Y O F B U S B A R CE C 7 0 5 . 1 2 ( D ) ( 2 ) ( 3 ) ( c ) [R e q u i r e d o n n e w l o a d c e n t e r i f a n s w e r e d ʺNO ʺto s t e p S 1 3 ] CE C 6 9 0 . 5 4 TU R N R A P I D S H U T D O W N SW I C H T O T H E " O F F " PO S I T I O N T O S H U T D O W N PV S Y S T E M A N D R E D U C E SH O C K H A Z A R D I N A R R A Y SO L A R P V S Y S T E M E Q U I P P E D WI T H R A P I D S H U T D O W N SO L A R E L E C T R I C PV P A N E L S CE C 6 9 0 . 5 6 ( C ) ( 1 ) 13 8 3 JB MSP AC UM AC IN V SUBSUB PV - 9 . 1 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 PL A C A R D CA U T I O N RE M O T E L Y L O C A T E D D I S C O N N E C T SW I T C H A N D M E T E R PH O T O V O L T A I C B A C K - F E D C I R C U I T B R E A K E R I N M A I N E L E C T R I C A L PA N E L I S A C D I S C O N N E C T P E R C E C 6 9 0 . 1 7 JAY COURT FU S E D A C DI S C O N N E C T MA I N S E R V I C E P A N E L IN V E R T E R UT I L I T Y M E T E R PV A R R A Y AC D I S C O N N E C T SU B P A N E L SU B P A N E L A 13 8 4 JB AC IN V PV - 1 0 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 OP T I M I Z E R C H A R T SO L A R E D G E O P T I M I Z E R C H A R T 1- 1 0 1 2 3 4 11 - 2 0 21 - 3 0 3 1 - 4 0 4 1 - 5 0 5 1 - 6 0 5 6 7 8 9 10 13 8 5 JB MSP AC UM AC IN V SUB SUB SA F E T Y P L A N MA R K U P K E Y IN S T R U C T I O N S : 1. U S E S Y M B O L S I N K E Y T O M A R K U P T H I S S H E E T . 2. S A F E T Y P L A N M U S T B E M A R K E D B E F O R E J O B ST A R T S A S P A R T O F T H E P R E - P L A N 3. D O C U M E N T A L L A D D I T I O N A L H A Z A R D S O N T H I S P A G E & M A K E N O T E S O N T H E J H A S H E E T IN C A S E O F E M E R G E N C Y NE A R E S T H O S P I T A L O R O C C U P A T I O N A L / I N D U S T R I A L C L I N I C NA M E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AD D R E S S : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SA F E T Y C O A C H C O N T A C T I N F O R M A T I O N NA M E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AD D R E S S : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AL L E M P L O Y E E S O N S I T E S H A L L B E M A D E A W A R E O F T H E SA F E T Y P L A N A N D S I G N I N D I C A T I N G T H A T T H E Y A R E AW A R E O F T H E H A Z A R D S O N - S I T E A N D T H E P L A N F O R WO R K I N G S A F E L Y . NA M E SI G N A T U R E __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DA T E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ T I M E : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ GA S H2 O 7 ZPTILS PE R M A N E N T A N C H O R TE M P O R A R Y A N C H O R IN S T A L L E R L A D D E R ST U B - O U T SK Y L I G H T NO L A D D E R A C C E S S ( S T E E P G R A D E OR G R O U N D L E V E L O B S T R U C T I O N S ) RE S T R I C T E D A C C E S S TR E N C H C O N D U I T GA S S H U T O F F WA T E R S H U T O F F SE R V I C E D R O P PO W E R L I N E S JU N C T I O N B O X JB MS P AC MA I N S E R V I C E P A N E L AC D I S C O N N E C T UT I L I T Y M E T E R IN V IN V E R T E R UM SA F E T Y P L A N PV - 1 1 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 U P D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 SU B SU B P A N E L 13 8 6 JO B H A Z A R D A N A L Y S I S Cr e w l e a d e r t o f i l l o u t a l l s e c t i o n s b e l o w , h o l d a p r e - j o b s a f e t y m e e t i n g w i t h a l l p e r s o n n e l , a n d u p l o a d t h i s c o m p l e t e d d o c u m e n t a n d t h e S a f e t y P l a n t o S i t e C a p t u r e La d d e r A c c e s s · L a d d e r s m u s t b e i n s p e c t e d b e f o r e e a c h u s e . · E x t e n s i o n l a d d e r s m u s t b e s e t u p o n a f i r m a n d l e v e l s u r f a c e a t a 4 - t o - 1 r i s e t o r u n a n g l e ( o r 7 5 d e g r e e s ) a n d t h e t o p m u s t b e se c u r e d t o t h e s t r u c t u r e . E x t e n s i o n s t y l e l a d d e r s p l a c e d o n un e v e n , l o o s e o r s l i p p e r y s u r f a c e s m u s t a d d i t i o n a l l y h a v e t h e ba s e f i r m l y a n c h o r e d o r l a s h e d s o t h e b a s e w i l l n o t s l i p o u t . ·· Ex t e n s i o n l a d d e r s m u s t b e u s e d w i t h w a l k - t h r o u g h d e v i c e s o r th e l a d d e r m u s t e x t e n d 3 6 " a b o v e t h e s t e p p i n g o f f p o i n t . A- f r a m e l a d d e r s m u s t o n l y b e c l i m b e d w i t h t h e l a d d e r s p r e a d e r ba r s l o c k e d i n t h e o p e n p o s i t i o n ; A - f r a m e l a d d e r s s h a l l n o t b e cl i m b e d w h i l e i n t h e c l o s e d p o s i t i o n ( e x , c l o s e d a n d u s e d w h i l e le a n e d a g a i n s t a s t r u c t u r e ) . · Ad d i t i o n a l n o t e s : Mo b i l e E q u i p m e n t ··· On l y Q u a l i f i e d o p e r a t o r s w i l l o p e r a t e e q u i p m e n t ; o p e r a t o r s m u s t ma i n t a i n a c e r t i f i c a t i o n o n t h e i r p e r s o n f o r t h e e q u i p m e n t b e i n g op e r a t e d . Ty p e ( s ) o f m o b i l e e q u i p m e n t ( T y p e / M a k e / M o d e l ) : Qu a l i f i e d o p e r a t o r ( s ) : Ma t e r i a l H a n d l i n g a n d S t o r a g e · Ma t e r i a l s w i l l b e s t a g e d / s t o r e d i n a w a y t h a t d o e s n o t p r e s e n t a ha z a r d t o c l i e n t , p e r s o n n e l o r p u b l i c . M a t e r i a l s s t o r e d o n t h e ro o f w i l l b e p h y s i c a l l y p r o t e c t f r o m f a i l i n g o r s l i d i n g o f f . Fa l l P r o t e c t i o n · A s i t e - s p e c i f i c p l a n f o r f a l l p r e v e n t i o n a n d p r o t e c t i o n i s r e q u i r e d pr i o r t o s t a r t i n g w o r k a n d m u s t r e m a i n o n s i t e a t a l l t i m e s u n t i l wo r k i s c o m p l e t e ; a f a l l r e s c u e p l a n m u s t b e o u t l i n e d a n d di s c u s s e d a m o n g t h e c r e w p r i o r t o w o r k s t a r t . ·· Fi r s t - p e r s o n - U p ( F P U ) m u s t i n s t a l l t h e i r a n c h o r a n d c o n n e c t be f o r e a n y o t h e r t a s k , i n c l u d i n g i n s t a l l i n g o t h e r a n c h o r s . T h e La s t - P e r s o n - D o w n ( L P D ) m u s t b e t h e o n l y p e r s o n o n a r o o f un i n s t a l l i n g f a l l p r o t e c t i o n . FP C P ( n a m e a n d t i t l e ) : · F P U a n d L P D ( n a m e a n d t i t l e ) : · El e c t r i c a l S a f e t y ··· Th e E l e c t r i c a l Q u a l i f i e d P e r s o n ( E Q P ) i s r e q u i r e d o n s i t e t o pe r f o r m e l e c t r i c a l w o r k . Al l e l e c t r i c a l w o r k w i l l b e p e r f o r m e d w i t h e q u i p m e n t i n a n el e c t r i c a l l y s a f e c o n d i t i o n ( d e - e n e r g i z e d ) u n l e s s a p p r o v a l h a s be e n g r a n t e d p r i o r t o w o r k . Se r v i c e d r o p s a n d o v e r h e a d e l e c t r i c a l h a z a r d s w i l l b e in d e n t i f i e d a n d p r o t e c t e d f r o m c o n t a c t , a s n e c c e s s a r y . · E Q P ( n a m e a n d t i l e ) : · Wh o w i l l r e p l e n i s h t h e d r i n k i n g w a t e r ( n a m e ) : De f i n e t h e H a z a r d : Me t h o d / s t e p s t o p r e v e n t i n c i d e n t : ·Pu b l i c P r o t e c t i o n ······· Th e s a f e t y o f t h e C l i e n t a n d t h e P u b l i c m u s t b e m a i n t a i n e d a t a l l ti m e s . Th e C l i e n t a n d t h e P u b l i c s h a l l b e p r e v e n t e d f r o m e n t e r i n g t h e wo r k z o n e t h r o u g h t h e u s e o f b a r r i e r s a n d / o r s i g n a g e , a s re q u i r e d . Co m p a n y , C l i e n t a n d P u b l i c p r o p e r t y s h a l l b e p r o t e c t f r o m fa l l i n g o b j e c t s . Pe t s ( i n c l u d i n g d o g s ) s h a l l b e s e c u r e d b y t h e i r o w n e r s p r i o r t o wo r k s t a r t . Th e c l i e n t s h o u l d n o t l e a v e p e t s , f a m i l y m e m b e r s , o r o t h e r s i n th e c h a r g e o r c a r e o f E m p l o y e e s , C o n t r a c t o r s , o r T e m p o r a r y Wo r k e r s . Cr e w l e a d e r r e s p o n s i b l e f o r c o m m u n i c a t i o n w i t h t h e c l i e n t : Cl i e n t a n d p u b l i c i s e x c l u d e d f r o m w o r k a r e a b y b a r r i c a d e s ( N / A , Ye s , N o ) : Tr a i n i n g a n d P r e - J o b S a f e t y B r i e f i n g · Al l e m p l o y e e s o n s i t e s h a l l b e m a d e a w a r e o f t h e s p e c i f i c ha z a r d s o f t h i s p r o j e c t a n d r e v i e w t h i s H J A d u r i n g a p r e - j o b br i e f i n g , a n d t h e i r s i g n a t u r e i n d i c a t e s a w a r e n e s s o f s i t e co n d i t i o n s a n d t h e p l a n t o e l i m i n a t e a n y h a z a r d s i d e n t i f i e d p r i o r to a n d d u r i n g t h e p r o j e c t . ······ Cr e w l e a d e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Cr e w m e m b e r ( n a m e / t i t l e ) : Ai r b o r n e C o n t a m i n a n t s : · As b e s t o s - c o n t a i n i n g ( T r a n s i t e ) p i p i n g ( A C P ) - D o n o t d i s t u r b (m o v e , d r i l l , c u t f r a c t u r e , e t c . ) As b e s t o s - c o n t a i n i n g t h e r m a l i n s u l a t i o n ( A C I ) a n d As b e s t o s - c o n t a i n i n g d u c t w r a p p i n g ( A C W ) - d o n o t d i s t u r b , n o at t i c o r c r a w l s p a c e a c c e s s i s a l l o w e d i f w o r k t o b e p e r f o r m e d co u l d c a u s e e x p o s u r e t o p e r s o n n e l , c l i e n t o r p u b l i c . If y e s , l i s t s p e c i f i c t a s k s a n d p r o t e c t i o n i n p l a c e : He a t R e l a t e d I l l n e s s P r e v e n t i o n · Em p l o y e e s s h a l l h a v e a c c e s s t o p o t a b l e d r i n k i n g w a t e r t h a t i s fr e s h , p u r e , a n d s u i t a b l y c o o l . T h e w a t e r s h a l l b e l o c a t e d a s cl o s e a s p r a c t i c a b l e t o t h e a r e a s w h e r e e m p l o y e e s a r e w o r k i n g . Wa t e r s h a l l b e s u p p l i e d i n s u f f i c i e n t q u a n t i t y a t t h e b e g i n n i n g o f th e w o r k s h i f t t o p r o v i d e a t l e a s t o n e q u a r t p e r e m p l o y e e p e r ho u r f o r d r i n k i n g f o r t h e e n t i r e s h i f t . E m p l o y e e s m a y b e g i n t h e sh i f t w i t h s m a l l e r q u a n t i t i e s o f w a t e r i f t h e y i d e n t i f y t h e l o c a t i o n an d h a v e e f f e c t i v e m e a n s f o r r e p l e n i s h m e n t d u r i n g t h e s h i f t t o al l o w e m p l o y e e s t o d r i n k o n q u a r t o r m o r e p e r h o u r . T h e fr e q u e n t d r i n k i n g o f w a t e r s h a l l b e e n c o u r a g e d . · S h a d e s h a l l b e p r e s e n t w h e n t e m p e r a t u r e e x c e e d s 8 0 d e g r e e s Fa h r e n h e i t . W h e n t h e o u t d o o r t e m p e r a t u r e i n t h e w o r k e x c e e d s 80 d e g r e e s F a h r e n h e i t , e m p l o y e e s s h a l l h a v e a n d m a i n t a i n o n e or m o r e a r e a s w i t h s h a d e a t a l l t i m e s . · N e w e m p l o y e e s m u s t b e a c c l i m a t i z e d . N e w e m p l o y e e s w i l l b e mo n i t o r e d b y t h e i r C r e w L e a d e r ( s i t e s u p e r v i s o r ) f o r t h e f i r s t t w o (2 ) w e e k s o f e m p l o y m e n t o r l o n g e r w h e n n e c e s s a r y . · E m p l o y e e s w i l l b e a l l o w e d a n d e n c o u r a g e d t o i m p l e m e n t sc h e d u l e d b r e a k s d u r i n g e a c h s h i f t . E m p l o y e e s m u s t t a k e co o l - d o w n b r e a k s i n t h e s h a d e a n y t i m e t h e y f e e l t h e n e e d t o d o so t o p r o t e c t t h e m f r o m o v e r h e a t i n g . S u p e r v i s o r s a r e RE Q U I R E D t o a l l o w e m p l o y e e s a n y b r e a k p e r i o d t h e y n e e d du r i n g h i g h h e a t c o n d i t i o n s . ·· Co o l V e s t s a r e e n c o u r a g e d f o r a l l e m p l o y e e s a t a l l t i m e s d u r i n g pe r i o d s o f h i g h h e a t . Id e n t i f y t h e l o c a t i o n o f t h e c l o s e t O c c u p a t i o n a l / I n d u s t r i a l C l i n i c or H o s p i t a l i n c a s e a c r e w m e m b e r b e c o m e s i l l . Wh a t i s t h e s p e c i f i c p l a n t o p r o v i d e a n d r e p l e n i s h s u f f i c i e n t w a t e r f o r al l e m p l o y e e s o n s i t e ? · If o f f s i t e r e p l e n i s h i s n e c e s s a r y , w h e r e w i l l y o u g o t o r e p l e n i s h wa t e r ( l o c a t i o n / a d d r e s s ) : De f i n e t h e H a z a r d : De f i n e t h e H a z a r d : Me t h o d / s t e p s t o p r e v e n t i n c i d e n t : ·We a t h e r a n d E n v i r o n m e n t ·· Th e s i t e s u p e r v i s o r s h a l l f o r e c a s t t h e w e a t h e r c o n d i t i o n s a t t h e jo b s i t e , p r i o r t o c r e w a r r i v a l , i n o r d e r t o m i t i g a t e a n y h a z a r d s as s o c i a t e d w i t h i n c l e m e n t w e a t h e r ( h e a t , c o l d , w i n d , r a i n , e t c . ) Th e s i t e s u p e r v i s o r w i l l u t i l i z e d a p o r t a b l e w i n d m e t e r (a n e m o m e t e r ) t o v e r i f y a c t u a l o n s i t e w i n d c o n d i t i o n s , b y ch e c k i n g a t t h e g r o u n d a n d o n a n y e l e v a t e d w o r k s u r f a c e ( e x , ro o f t o p ) p r i o r t o w o r k s t a r t , a t m i d d a y a n d p r i o r t o s o l a r p a n e l st a g i n g o n a r o o f . El e v a t e d w o r k i n v o l v i n g t h e m o v i n g o r m a n e u v e r i n g o f s o l a r pa n e l s s h a l l c e a s e a t 2 5 m p h ( s u s t a i n e d w i n d ) u n t i l w i n d su b s i d e s . · F o r e c a s t e d w e a t h e r m a x i m u m t e m p ( d e g r e e s F ) : Re s t r o o m f a c i l i t i e s ··· Em p l o y e e s s h a l l h a v e a c c e s s t o r e s t r o o m f a c i l i t i e s w i t h ha n d - w a s h i n g s t a t i o n s . U s e o f o n s i t e r e s t r o o m i s a t t h e c l i e n t ' s di s c r e t i o n ( l o c a t i o n i s a n n o t a t e d b e l o w ) . I f c l i e n t d o e s n o t g i v e pe r m i s s i o n , l o c a t i o n o f s u i t a b l e r e s t r o o m f a c i l i t i e s w i t h ha n d - w a s h i n g s t a t i o n s o f f s i t e w i l l b e p r o v i d e d . T h e o n s i t e su p e r v i s o r w i l l i d e n t i f y l o c a t i o n a n d m a k e a r r a n g e m e n t s t o en s u r e a l l e m p l o y e e s h a v e a c c e s s a t a n y p o i n t . Re s t r o o m f a c i l i t i e s w i l l b e ( c i r c l e o n e ) : O n s i t e - O f f s i t e If O f f s i t e , a d d l o c a t i o n n a m e a n d a d d r e s s : In c i d e n t R e p o r t i n g P r o c e d u r e · Co n t a c t y o u r S i t e S u p e r v i s o r Na m e : Ph o n e : · Co n t a c t y o u r M a n a g e r Na m e : Ph o n e : · Co n t a c t y o u r S i t e S u p e r v i s o r Na m e : Ph o n e : Wi t h : Y o u r f u l l n a m e , p h o n e n u m b e r , o f f i c e l o c a t i o n , b r i e f d e s c r i p t i o n of w h a t h a p p e n a n d w h e n . NO T E A D D I T I O N A L H A Z A R D S N O T A D D R E S S E D A B O V E (a d d a s m a n y a s n e c e s s a r y b y u s i n g a d d i t i o n a l s h e e t s ) De f i n e t h e H a z a r d : Me t h o d / s t e p s t o p r e v e n t i n c i d e n t : Me t h o d / s t e p s t o p r e v e n t i n c i d e n t : SA F E T Y P L A N PV - 1 2 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . 5/ 9 / 2 0 2 3 TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 8 7 MO D U L E SP E C PV - 1 3 . 0 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 8 8 IN V E R T E R SP E C PV - 1 3 . 1 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 8 9 PV - 1 3 . 2 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T OP T I M I Z E R SP E C A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 9 0 RA I L SP E C PV - 1 3 . 3 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 9 1 AT T A C H M E N T SP E C PV - 1 3 . 4 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 9 2 CE R T I F I C A T I O N PV - 1 3 . 5 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 9 3 CE R T I F I C A T I O N PV - 1 3 . 6 So l a r I n d i v i d u a l P e r m i t P a c k a g e BR U C E G I N N 11 . 2 0 0 K W G r i d T i e d Ph o t o v o l t a i c S y s t e m 19 J A Y C T , AL A M O , C A 9 4 5 0 7 De s c r i p t i o n Da t e Re v A I N I T I A L D E S I G N OP P O R T U N I T Y PR O J E C T # DA T E D R A W N DR A W N B Y SH E E T # BR U C E G I N N 32 1 1 7 5 E. R CO N T R A C T O R I N F O 4/ 1 9 / 2 0 2 3 CU R R E N T R E N E W A B L E S EN G I N E E R I N G I N C . TI T L E TH E S E D R A W I N G S A R E S U B J E C T T O CO P Y R I G H T P R O T E C T I O N B Y U S L A W . RE P R O D U C T I O N I N A N Y F O R M I S EX P R E S S L Y F O R B I D D E N W I T H O U T P R I O R WR I T T E N A P P R O V A L F R O M C U R R E N T RE N E W A B L E S E N G I N E E R I N G I N C . 17 6 0 C H I C A G O A V E S U I T E J- 1 3 , R I V E R S I D E C A 9 2 5 0 7 PH O N E : ( 9 5 1 ) - 4 0 5 - 1 7 3 3 WW W . C R E N G . C O FR E E D O M F O R E V E R C A L I F O R N I A , L L C 43 4 4 5 B U S I N E S S P A R K D R # 1 1 0 , TE M E C U L A , C A 9 2 5 9 0 ST A T E O F C A L I F O R N I A C1 0 – E L E C T R I C A L ; B – G E N E R A L BU I L D I N G C O N T R A C T O R ; C 3 9 – RO O F I N G ; C 4 6 – S O L A R 1 0 2 9 6 4 4 GR E G A L B R I G H T A. 1 UP D A T E D D E S I G N 5/ 2 / 2 0 2 3 5/ 2 / 2 0 2 3 A. 2 U P D A T E D D E S I G N 5/ 9 / 2 0 2 3 13 9 4 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 1 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Project Details Name 19 Jay Court Date 05/08/2023 Location 19 Jay Court, Alamo, CA 94507 ASCE code 7.16 Total modules 28 Wind speed 90 mph Module Custom Panels: FF-MP-BBB-400 Snow load 0 psf Dimensions Dimensions: 67.8" x 44.65" x 1.38" (1722.0mm x 1134.0mm x 35.0mm)Wind exposure C Total watts 11,200 kW Piers 8 Concrete 5.12 yd³ Substructure & Foundation Tilt 30°South facing grade 20° Pipe/tubing diameter 3"Soil class 4 Foundation type Concrete Hole diameter 24" 1395 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 2 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Sub array #1 Rows 4 Columns 7 # Arrays 1 Area 39' 9" (EW) × 15' 2" (NS)Rail type XR1000 Diagonal bracing no E/W spacing 12'Rail cantilever 3' 4"Pipe cantilever 1' 10" Piers/array 8 Total south piers 4 (6')Total north piers 4 (7' 11") Total cross pipes 2 (39' 9")Total pipe length 135' 4" Shear 1,532 lbs Moment 3,830 ft-lbs Uplift -1,321 lbs 1396 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 3 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM 39'9" 17 ' 15 ' 1' 10"CANTILEVER 12' E-W PIER SPACING 9' N- S P I E R S P A C I N G CROSS PIPE LENGTH 1397 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 4 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Pipe Fitting Detail XR1000 Rail Front View 3” TOP CAP 3” PIPE/TUBING 3” RAIL CONNECTOR XR1000 RAIL PV MODULE Side View 3” PIPE/TUBING 3” TOP CAP 3” RAIL CONNECTOR XR1000 RAIL PV MODULE UNIVERSAL FASTENING OBJEC Clamp Detail Mid Clamp, Plan UNIVERSAL FASTENING OBJECT PV MODULE FRAME Mid Clamp, Front RAIL PV MODULE FRAME UNIVERSAL FASTENING OBJECT End Clamp, Plan STOPPER SLEEVE UNIVERSAL FASTENING OBJECT PV MODULE FRAME RAIL 1” End Clamp, Front PV MODULE FRAME RAIL UNIVERSAL FASTENING OBJECT STOPPER SLEEVE1” 204"RAIL 2' HOLE DIAMETER 5' 6 " DEPTHHOLE 3' 8 " 2' 4 " 4' 3 " 5' 1 " CLEARANCENORTH 2' 1 " CLEARANCESOUTH N-S PIER SPACING 9' 10° 20° 30° 1398 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 5 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Grounding Diagram UFO Clamp Grounding Lug Min 10 AWG Copper Wire Fault Current Ground Path Bonding Points Fault Current Ground Path *Grounding Lugs and wire are not required in systems using certain Enphase microinverters or certain Sunpower modules. Equipment grounding is achieved with the Engage cable for Enphase or the AC module cable system for Sunpower via their integrated EGC. * * Section View Plan View Optional Cross Brace Only one Grounding Lug required per continuous subarray.* Cross Pipe Ra i l Cross Pipe UFO or CAMO 1399 19 Jay Court (#1148250) ground based 28357 INDUSTRIAL BLVD., HAYWARD, CA 94545 Page 6 of 6 Last updated by Kevin Arbuckle on 05/08/23 07:34 AM Bill of Materials Part Spares Total Qty Rails XR-1000-204A XR1000, Rail 204" Clear 0 14 Clamps & Grounding UFO-CL-01-A1 Universal Module Clamp, Clear 0 70 UFO-STP-35MM-M1 Stopper Sleeve, 35MM, Mill 0 28 XR-LUG-03-A1 Grounding Lug, Low Profile 0 1 Substructure 70-0300-SGA SGA Top Cap at 3"0 8 GM-BRC3-01-M1 Ground Mount Bonded Rail Connector - 3"0 28 1400 GROUND MOUNT INSTALLATION MANUAL - 3© 2022 IRONRIDGE, INC. VERSION 3.4 CH CKLIST IRONRIDG COMPON NTSPR-INSTALLATION ☐Verify module compatibility. See P14 for info. ☐Purchase 2” or 3” Pipe or Mechanical Tubing Pipe:2” or 3” (NPS) ASTM A53 Grade B SCH 40 Pipe,   m ASTM A653 G90 ASTM A123 G35. Mechanical Tubing:2.375” x 12 (O.D)3.500” x 8 ga (O.D.) Mechanical Tubing with one of the following G(ASTM A1057). • Allied Gatorshield • Allied Flo-Coat Coating • Wheatland ThunderCoat TOOLS RQUIRD ☐Post Hole Digger or Powered Auger ☐SD(7/16”, 9/16”, 15/16”1/2” S) ☐TW(0-240 - 10-40 -) ☐T, SL,LL ☐3/16” AH TORQUVALU S TCSS(3/16” AH) ☐2” or 3” NPS Schedule 40 Grade B Pipe: 20 ft-lbs ☐2.375” x 12 OD MT: 11 - ☐3.500” x 8 OD MT: 16 - ☐For Ground Screw to Pipe Connection Hardware see Page5. ☐TCU-BN(9/16” S): 15 - ☐RCBN(9/16” S): 21 - ☐RCU-BN(9/16” S): 60 - ☐RGLN(7/16” S): 80 - ☐RGLTmS(7/16” Socket): 20 in-lbs ☐MGLN(3/8” S): 60 - ☐MGLTmS(1/2” Socket): 20 in-lbs ☐UFOj(7/16” S): 80 - ☐DBSS(1/2” S): 15 - ☐DBB(1/2” S): 40 - ☐MKN(7/16” S): 80 - ☐FmMKN(7/16” S): 80 - ➢If using previous version of: Integrated Grounding Mid Clamps, Grounding Lug and nd Clamps please refer to Alternate Components Addendum (Version 1.90). ➢If installing on a low slope roof please refer to Ground Mount for Flat Roof Applications Addendum (Version 3.30). ➢Unless otherwise noted, all components have been evaluated for multiple use. They can be uninstalled and reinstalled in the same or new location. XR100 & XR1000 RRail Connector Top Cap UFO (30-46mm) Diagonal Brace Stopper Sleeve Rail Grounding L Microinverter Kit Frameless Module Kit Frameless End/ Mid Clamp CAMO End Cap Wire Clip Module Grounding L Hex Head Set Screw 1401 TR E E P E R M I T 19 J A Y C O U R T NE W R E S I D E N T I A L G R O U N D - M O U N T E D SO L A R / P H O T O V O L T A I C ( P V ) S Y S T E M CO U N T Y F I L E # C D T P 2 4 - 0 0 0 6 4 Co u n t y P l a n n i n g C o m m i s s i o n MA Y 1 4 , 2 0 2 5 14 0 2 Pr o j e c t D e s c r i p t i o n ■ Tr e e P e r m i t t o r e m o v e t h r e e ( 3 ) c o d e - p r o t e c t e d t r e e s o n t h e pr o p e r t y : • 10 ” b l u e o a k t r e e • 14 ” v a l l e y o a k t r e e • 11 ” c o a s t l i v e o a k t r e e ■ To i n s t a l l n e w , a p p r o x i m a t e l y 6 0 0 - s q u a r e - f o o t r e s i d e n t i a l gr o u n d - m o u n t e d s o l a r / P V s y s t e m u p t o 5 f e e t i n h e i g h t , a n d a 6 - f o o t - t a l l f e n c e s u r r o u n d i n g t h e P V s y s t e m 14 0 3 14 0 4 14 0 5 14 0 6 Back ground ■ Se p t e m b e r 2 6 , 2 0 2 4 : T r e e P e r m i t a p p l i c a t i o n s u b m i t t e d (C o u n t y F i l e # C D T P 2 4 - 0 0 0 6 4 ) . ■ Ja n u a r y 7 , 2 0 2 5 : C o u n t y Z o n i n g A d m i n i s t r a t o r t e n t a t i v e l y ap p r o v e d t h e t r e e p e r m i t , a n d a No t i c e o f T e n t a t i v e A p p r o v a l of a T r e e P e r m i t wa s m a i l e d . ■ Ja n u a r y 1 5 , 2 0 2 5 : s t a f f r e c e i v e d o n e l e t t e r f r o m R o b e r t Ei s e l e , a p p e a l i n g t h e Z o n i n g A d m i n i s t r a t o r ’ s d e c i s i o n . 14 0 7 General Plan & Zoning Consistency ■ Ge n e r a l P l a n : – Co u n t y G e n e r a l P l a n , E n v i s i o n 2 0 4 5 a s o f N o v e m b e r 5 , 2 0 2 4 : RL , R e s i d e n t i a l L o w D e n s i t y L a n d U s e D e s i g n a t i o n – De e m e d c o m p l e t e o n O c t o b e r 2 5 , 2 0 2 4 ; A p p l i c a b l e L a n d U s e D e s i g n a t i o n , G e n e r a l Pl a n 2 0 0 5 – 2 0 2 0 : S L , S i n g l e - F a m i l y R e s i d e n t i a l – L o w D e n s i t y ( S L ) – Pr i m a r y l a n d u s e s a l l o w e d i n c l u d e s i n g l e - f a m i l y r e s i d e n t i a l a n d bu i l d i n g s / s t r u c t u r e s a c c e s s o r y t o r e s i d e n t i a l u s e . – Gr o u n d - m o u n t e d s o l a r f o r r e s i d e n t i a l u s e i s c o n s i s t e n t w i t h t h e a c c e s s o r y u s e s al l o w e d i n S L a n d w i l l n o t c h a n g e t h e d e n s i t y o f r e s i d e n t i a l d e v e l o p m e n t f o r t h e si t e . ■ Zo n i n g : – P- 1 P l a n n e d U n i t D i s t r i c t w i t h R - 1 5 s t a n d a r d s p u r s u a n t t o C D D P 7 7 - 0 3 0 1 1 . – Th e p r o p o s e d g r o u n d - m o u n t e d s o l a r i s c o n s i s t e n t w i t h t h e m i n i m u m 1 5 - f o o t se c o n d a r y f r o n t s e t b a c k f o r t h e s u b j e c t P - 1 d i s t r i c t . – Th e p r o p o s e d g r o u n d - m o u n t e d s o l a r i s c o n s i s t e n t w i t h t h e m i n i m u m 5 - f o o t s i d e ya r d f o r a s o l a r / P V s y s t e m . ■ Th e f a c t o r s e x i s t f o r g r a n t i n g t h e r e q u e s t e d t r e e p e r m i t t h e r e f o r e t h e p r o j e c t i s c o n s i s t e n t wi t h t h e C o u n t y ’ s T r e e P r o t e c t i o n & P r e s e r v a t i o n O r d i n a n c e . 14 0 8 St o n e V a l l e y R o a d F r o n t a g e 14 0 9 Su b j e c t T r e e s f o r R e m o v a l 14 1 0 St o n e V a l l e y R o a d F r o n t a g e 14 1 1 Ad j a c e n t F e n c e d S o l a r / P V S y s t e m 14 1 2 14 1 3 14 1 4 14 1 5 Su m m a r y o f A p p e a l P o i n t s ■ So l a r Fa r m : T h e a p p e l l a n t a s s e r t s t h a t t h e p r o j e c t i s a s o l a r f a r m i n a r e s i d e n t i a l n e i g h b o r h o o d . ■ En v i r o n m e n t a l Co n c e r n s : A p p e l l a n t i s c o n c e r n e d a b o u t t h e p o t e n t i a l e n v i r o n m e n t a l i m p a c t s o n sc e n i c b e a u t y , n a t u r a l r e s o u r c e s , a n d w i l d l i f e h a b i t a t / c o r r i d o r s d u e t o t h e p r o j e c t r e m o v i n g t h r e e “l a n d m a r k ” t r e e s a t t h e e n t r a n c e t o t h e c o m m u n i t y ; a n d i n d i c a t e s t h a t t h e C o u n t y G e n e r a l P l a n Op e n S p a c e E l e m e n t r e s t r i c t s d e v e l o p m e n t o n o p e n h i l l s i d e s a n d i s i n t e n d e d t o i d e n t i f y l a n d s t h a t sh o u l d b e p r e s e r v e d f o r o p e n s p a c e u s e . ■ St r u c t u r a l In t e g r i t y o f H i l l s i d e : A p p e l l a n t s t a t e s t h a t t h e s u b j e c t t r e e s a r e i n t e g r a l t o t h e s t a b i l i t y o f th e h i l l ’ s s l o p e , a n d t h a t t h e i r r e m o v a l r i s k s u n d e r m i n i n g t h e h i l l ’ s s t r u c t u r a l i n t e g r i t y , p o s s i b l y le a d i n g t o e r o s i o n o r o t h e r l o n g - t e r m i s s u e s ; a n d i n d i c a t e s t h a t C o u n t y C o d e S e c t i o n 8 1 4 - 2 . 2 0 6 (a ) 5 - 7 r e q u i r e s m a i n t a i n i n g “ o p e n h i l l s i d e s a n d s i g n i f i c a n t r i d g e l i n e s i n a s n e a r a n a t u r a l s t a t e a s is f e a s i b l e a s a n i m p o r t a n t c o m m u n i t y v a l u e . ” ■ Al t e r n a t i v e Lo c a t i o n s : A p p e l l a n t s t a t e s t h a t t h e p r o p o s e d p r o j e c t c o u l d b e i n s t a l l e d i n a l t e r n a t i v e lo c a t i o n s s u c h a s t h e r o o f o f t h e r e s i d e n c e t h a t w o u l d n o t r e q u i r e t h e r e m o v a l o f t h r e e c o d e - pr o t e c t e d o a k t r e e s . ■ Ae s t h e t i c s : A p p e l l a n t r a i s e s c o n c e r n s a b o u t t h e p r o j e c t t o i n s t a l l g r o u n d - m o u n t e d s o l a r p o s i n g ae s t h e t i c i m p a c t s o n t h e c o m m u n i t y . ■ No t i c i n g : A p p e l l a n t i n d i c a t e s t h a t o v e r 3 0 0 r e s i d e n t s o f t h e c o m m u n i t y w e r e n o t g i v e n n o t i c e o r th e o p p o r t u n i t y t o w e i g h i n o n t h e p r o j e c t . 14 1 6 St a f f R e c o m m e n d a t i o n ■ St a f f r e c o m m e n d s t h a t t h e C o u n t y P l a n n i n g C o m m i s s i o n : • DE N Y t h e a p p e a l b y R o b e r t E i s e l e . • AP P R O V E t h e T r e e P e r m i t , C o u n t y F i l e # C D T P 2 4 - 0 0 0 6 4 . • AP P R O V E t h e f i n d i n g s i n s u p p o r t o f t h e p r o j e c t a n d t h e p r o j e c t co n d i t i o n s o f a p p r o v a l ; • DE T E R M I N E t h a t t h e p r o j e c t i s c a t e g o r i c a l l y e x e m p t f r o m C E Q A u n d e r Se c t i o n 1 5 3 0 3 ( e ) o f t h e C E Q A G u i d e l i n e s • DI R E C T t h e D e p a r t m e n t o f C o n s e r v a t i o n a n d D e v e l o p m e n t t o f i l e a CE Q A N o t i c e o f E x e m p t i o n w i t h t h e C o u n t y C l e r k . 14 1 7 QU E S T I O N S ? 14 1 8 TR E E P E R M I T A P P E A L 1 19 J A Y C O U R T , B R Y A N R A N C H , A L A M O CO U N T Y F I L E # C D T P 2 4 - 0 0 0 6 4 Bo a r d o f S u p e r v i s o r s Oc t o b e r 2 1 , 2 0 2 5 14 1 9 Ex e c u t i v e S u m m a r y 2 ■ Th i s h e a r i n g i s o n a n a p p e a l o f t h e C o u n t y P l a n n i n g C o m m i s s i o n ’ s d e c i s i o n to a p p r o v e a t r e e p e r m i t f o r t h e r e m o v a l o f t h r e e o a k t r e e s ( 1 0 - i n c h d i a m e t e r bl u e o a k t r e e , 1 4 - i n c h d i a m e t e r v a l l e y o a k t r e e , 1 1 - i n c h d i a m e t e r c o a s t l i v e oa k t r e e ) f o r t h e i n s t a l l a t i o n o f a n e w 6 7 3 - s q u a r e - f o o t r e s i d e n t i a l g r o u n d - mo u n t e d s o l a r p o w e r s y s t e m w i t h a m a x i m u m h e i g h t o f 5 f e e t . ■ Tw o ( 2 ) a p p e a l s o f t h e C o u n t y P l a n n i n g C o m m i s s i o n ’ s d e c i s i o n t o a p p r o v e th e t r e e p e r m i t w e r e f i l e d , o n e f r o m R o b e r t E i s e l e a n d o n e f r o m J u d y Hu g g i n s , H e i d i W e l s h , a n d T o n y K a l l i a r a s o n b e h a l f o f B r y a n R a n c h Ho m e o w n e r s . 14 2 0 3 14 2 1 Su b j e c t T r e e s f o r R e m o v a l 4 10 - i n c h b l u e o a k 11 - i n c h c o a s t l i v e o a k 14 - i n c h v a l l e y o a k 14 2 2 St o n e V a l l e y R o a d F r o n t a g e ( J a n u a r y 2 0 2 5 ) 5 14 2 3 St o n e V a l l e y R o a d F r o n t a g e ( S e p t e m b e r 2 0 2 5 ) 6 14 2 4 St o n e V a l l e y R o a d F r o n t a g e ( J a n u a r y 2 0 2 5 ) 7 14 2 5 8 14 2 6 9 14 2 7 10 14 2 8 Ap p e a l s 11 ■ Tw o s e p a r a t e a p p e a l s o f t h e P l a n n i n g C o m m i s s i o n ’ s d e c i s i o n t o ap p r o v e t h e t r e e p e r m i t w e r e r e c e i v e d , o n e f r o m R o b e r t E i s e l e an d o n e f r o m J u d y H u g g i n s , H e i d i W e l s h , a n d T o n y K a l l i a r a s o n be h a l f o f B r y a n R a n c h H o m e o w n e r s . ■ Th e a p p e a l p o i n t s a l o n g w i t h s t a f f ’ s r e s p o n s e s c a n b e f o u n d i n th e r e p o r t t o t h e B o a r d . ■ Th e a p p e a l l e t t e r s a r e i n c l u d e d a s a t t a c h m e n t s t o t h e r e p o r t . 14 2 9 Fa c t o r s f o r A p p r o v a l o f T r e e P e r m i t 12 ■ Re m o v a l o f t h e t h r e e c o d e - p r o t e c t e d o a k t r e e s i s n e c e s s a r y fo r t h e i n s t a l l a t i o n a n d o p e r a t i o n o f a l l o w e d g r o u n d - mo u n t e d s o l a r p a n e l s . ■ So l a r p a n e l l o c a t i o n s e l e c t e d b a s e d o n a c c e s s t o s u n l i g h t . Ex i s t i n g b u i l d i n g s a n d l a r g e m a t u r e r e d w o o d t r e e s i n t h e ad j a c e n t t o t h e s u b j e c t p r o p e r t y l i m i t a c c e s s t o s u n l i g h t el s e w h e r e o n t h e l o t . 14 3 0 Re c o m m e n d a t i o n 13  De n y t h e a p p e a l s a n d a p p r o v e t h e t r e e p e r m i t a s re c o m m e n d e d b y s t a f f . 14 3 1 QU E S T I O N S ? 14 14 3 2 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4454 Name: Status:Type:Discussion Item Passed File created:In control:9/10/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:HEARING to consider an appeal of the County Planning Commission’s approval of a development plan and Kensington design review to allow for the construction of a new, approximately 1,780-square -foot, single-family residence located at 279 Colusa Avenue in the unincorporated Kensington area (County File No. CDDP24-03060) (Thomas Biggs, Applicant; Robel Asefaw, Owner) (David and Sandra Gerstel, Appellants). (Everett Louie, Department of Conservation and Development) Attachments:1. Attachment A CDDP24-03060 Findings, 2. Attachment B CDDP24-03060 Plans, 3. Attachment C CDDP24-03060 BOS Appeal Letter date stamped1.pdf, 4. Attachment D CDDP24-03060 Zoning Administrator Staff Report, 5. Attachment E CDDP24-03060 County Planning Commission Staff Report.pdf, 6. Attachment F - Additional Public Comment, 7. Attachment G CDDP24-03060 BOS Presentation, 8. Attachment A FINAL conditions as approved by the Board of Supervisors on 10-21-25 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass 5:0 To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Appeal of the County Planning Commission’s Approval of a Development Plan and Kensington Design Review for 279 Colusa Ave (County File #CDDP24-03060) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.OPEN the public hearing on an appeal of the County Planning Commission’s approval of a Development Plan and Kensington design review for 279 Colusa Avenue in the unincorporated Kensington area; RECEIVE testimony; and CLOSE the public hearing. 2.DENY the appeal of David and Sandra Gerstel. 3.DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(a) [new construction of a single-family residence]. 4.APPROVE the Development Plan and Kensington Design Review to allow for the construction of a new, 1,780-square-foot, single-family residence at 279 Colusa Avenue (CDDP24-03060). 5.APPROVE the attached findings in support of the project. 6.APPROVE the project conditions of approval. 7.DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk. FISCAL IMPACT: The applicant has paid the necessary application deposit and is obligated to pay supplemental fees to cover all CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 9 powered by Legistar™ File #:25-4454,Version:1 additional costs associated with the application process. BACKGROUND: This hearing is an appeal of the County Planning Commission’s August 27, 2025, decision to approve a Development Plan and Kensington Design Review for the construction of a new single-family residence located at 279 Colusa Ave. in the Kensington area, County File #CDDP24-03060. The Development Plan and Design Review application was submitted to the Department of Conservation and Development (DCD) on December 12, 2024. The project was scheduled for a public hearing before the Zoning Administrator on May 19, 2025. At the hearing the Zoning Administrator opened the public hearing and received testimony from the applicant and neighbors. The Zoning Administrator continued the project as a closed public hearing to June 2, 2025, in order to review the public testimony. At the June 2, 2025, hearing, the Zoning Administrator approved the project with modifications to conditions of approval #1 and 2. Revised condition of approval #1 clarified the scope of the approval as to the proposed, new single-family residence. Revised condition of approval #2 clarified the plan versions and other documents upon which the approval was based. Subsequent to the Zoning Administrator’s decision, a letter appealing the decision was timely filed by David and Sandra Gerstel on June 6, 2025. The appeal was heard by the County Planning Commission on August 27, 2025. After receiving public testimony, the County Planning Commission voted (4-2) to approve the project as proposed and as recommended by County staff. One letter of appeal was filed by David and Sandra Gerstel on September 5, 2025. PROJECT DESCRIPTION: The applicant requests approval of a Development Plan and Kensington Design Review to allow for the partial conversion of the existing single-family residence into an Accessory Dwelling Unit (ADU) and the construction of a new 1,643-square-foot, two-story single-family residence with a 54-square-foot front covered porch, and a 83-square-foot covered second story balcony for a total gross floor area of 1,780 square feet as defined in the Kensington Combining District (-K) ordinance. The project requires a public hearing because the total gross floor area of all existing and proposed structures on the site is 3,235 square feet, which exceeds the threshold for a hearing of 2,600 square feet. The residence is designed to include two main floors of a conditioned living area and a second story balcony that faces the frontage. There will also be a covered porch over the front door. The conversion of the existing residence to an ADU is processed ministerially in accordance with the County’s accessory dwelling unit ordinance and is not subject to the discretion of the County and is not subject to the design review or development plan process. However, the approval to convert the existing residence to an ADU is only effective upon approval of the new single-family residence, which is subject to the development plan and Kensington design review process. COUNTY PLANNING COMMISSION HEARING An appeal of the Zoning Administrator’s decision to approve the project was heard by the County Planning Commission on August 27, 2025. After receiving public testimony, the County Planning Commission voted (4- 2) to approve the project. The County Planning Commission made no modifications to the project. The recommended conditions of approval are attached to this report. (Attachment A - CDDP24-03060 Findings and Conditions of Approval). APPEAL OF THE COUNTY PLANNING COMMISSIONS DECISION: CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 9 powered by Legistar™ File #:25-4454,Version:1 On September 5, 2025, David and Sandra Gerstel, filed an appeal of the County Planning Commission’s decision to approve a Development Plan and Design Review permit. A summary of the appeal points and staff responses are provided below. A copy of the appeal letter is attached to this report (Attachment C - CDDP24- 03060 Board of Supervisors Appeal Letter). Appeal Point #1: The project violates the Kensington Combining District Ordinance in regard to privacy, light, views and enjoyment and value. Staff Response #1: The project is subject to the Kensington Combining District Findings which address privacy and property values. The County Planning Commission approved the project based on the Kensington Combining District Findings. Specifically, the project is designed to minimize impacts on the surrounding neighborhood by exceeding the required development standards of the R-6 zoning district. The table below shows the proposed project and how the project exceeds the development standards. Most notable, the project is well below the maximum 35-foot height with a proposed height of 25-feet. The project exceeds the side, front and rear setback requirements and is subject to a sliding scale for reduced setback requirements because the property was created in 1913. Because the project exceeds the setbacks of the zoning district, privacy in the neighborhood is maintained by preventing the house from being built close to property line, direct sightlines into neighboring windows, yards and living areas are reduced, noise reduction is enhanced and visual clutter is reduced by creating a more spacious feeling between homes. Development Standards Proposed Project Height - two and one-half stores or 35’Two stories and 25.1’ Side Setback - sliding scale 8’ aggregate and 3’ min 15’-9” aggregate and 5’ 5/8” min Front Setback - 20’Greater than 60’ Rear Setback - 15’15’- 413/16” Parking - 1 covered space 1 covered space The project is also designed to not overshadow the neighboring property at 283 Colusa Avenue by mimicking the height of the residence for 283 Colusa Avenue. The applicant has submitted a plan sheet that shows the proposed project will be of similar height to the neighboring house. Sheet A1.0 - Site Section, below shows that the project roofline is compatible with 283 Colusa Ave. CONTRA COSTA COUNTY Printed on 12/31/2025Page 3 of 9 powered by Legistar™ File #:25-4454,Version:1 To address privacy concerns, the applicant has removed the previously proposed rooftop terrace deck from the project. This revision was made in direct response to concerns that the deck would afford direct views into neighboring bedroom and bathroom windows and rear/side yards. The elimination of the rooftop deck significantly reduces potential privacy intrusions and addresses visual and spatial concerns raised by multiple neighbors. Lastly, improving the site with a new single-family residence that is consistent with the development pattern in the neighborhood including generally meeting the R-6 standards will increase the parcel property value and enhance the existing neighborhood. New homes that meet zoning standards will increase the visual appeal of a neighborhood. As stated in Kensington Combining District Finding #5, construction of the new single-family residence will increase the value of the subject lot and maintain the value of the existing properties in the vicinity. Moreover, the project will increase the housing stock of this area (1 Single-Family Residence and 1 Accessory dwelling unit). The appellant states that the new residence is too large for the area. However, staff has found that the square-footage of the proposed residence is consistent with the surrounding area as shown on the table below: CONTRA COSTA COUNTY Printed on 12/31/2025Page 4 of 9 powered by Legistar™ File #:25-4454,Version:1 Address Size of House 279 Colusa Ave. - Subject Property 1780 SF 275 Colusa Ave.1586 SF 285 Colusa Ave.1498 SF 295 Colusa Ave.2570 SF 1511 Valley Road 2158 SF 305 Colusa Ave 1837 SF Overall, the proposed development is consistent with the neighborhood development pattern. Thus, property values are maintained. Appeal Point #2: The appellant states that the County improperly applied the Contra Costa County Accessory Dwelling Unit (ADU) Ordinance Chapter 82-24 when classifying the ADU. Staff Response #2: Chapter 82-24.004 - Definitions defines an internal conversion for an ADU as the following: 82-24.004(d) - "Internal conversion" means the establishment of an accessory dwelling unit or junior accessory dwelling unit within an existing or proposed primary dwelling unit or within an existing accessory structure. The applicant applied for an internal conversion of the existing single-family residence under County File #CDSU24-00151. Staff and the prior decisionmakers determined that the proposed conversion satisfied the definition of “internal conversion” in the County Ordinance Code because the proposed ADU would be established within the existing space of an existing single-family residence. The Zoning Administrator and County Planning Commission determined that the ADU complied with County Code 82-24.006 in that one internal conversion accessory dwelling unit is permitted on any lot in a single-family residential district (R-6). Therefore, the ADU internal conversion is not improperly classified Appeal Point #3: The appellant states that the ADU violates the height limit of 16 feet. Staff Response #3: The height limit of an internal conversion ADU is governed by Chapter 82-24.006(b)(1) - Permitting, states the following: ·(b)An application for a permit to establish any of the following types of accessory dwelling units in a residential or mixed-use zoning district is not subject to the location requirements specified in Section 82-24.010 or the development standards specified in Section 82-24.012 and will be approved ministerially without discretionary review or public hearing. o (1)One internal conversion accessory dwelling unit and one internal conversion junior accessory dwelling unit on a lot with a proposed or existing single-family dwelling. Pursuant to the code section above, an ADU that is an internal conversion is not subject to the development standards which restrict the height of the ADU. There is no height limit for an internal conversion since there is no expansion allowed with an internal conversion. Therefore, the ADU does not violate the height limit. Appeal Point #4: The appellant claims that the Kensington Ordinance limits gross floor area to 0.5 of lot size and the ADU ordinance limits ADU lot coverage to 40%. CONTRA COSTA COUNTY Printed on 12/31/2025Page 5 of 9 powered by Legistar™ File #:25-4454,Version:1 Staff Response #4: Chapter 82-24 - Accessory Dwelling Unit Ordinance does not have a lot coverage requirement. Therefore, ADU’s are not subject to lot coverage requirements under the County Code. The Kensington Ordinance does not limit gross floor area to 0.5 of lot size. Rather, the ordinance requires any proposed development that results in a gross floor area that exceeds the threshold standard to be heard at a public hearing. The proposed gross floor area of 3,235 square feet exceeds the gross floor area threshold standard for this parcel which is 2,600 square feet. Therefore, this project is required to be heard at a public hearing. A project subject to a public hearing will be reviewed in compliance with the standards of consideration under County Code 84-74.1206 which requires all development to be evaluated based on the following factors listed in County Code 84-74.1206: 84-74.1206(b): In reaching a decision, the zoning administrator shall apply a standard that balances the following factors: (1) recognizing the rights of property owners to improve the value and enjoyment of their property; (2) recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale and design; (3) minimizing impacts upon surrounding neighbors; (4) protecting the value and enjoyment of the neighbors' property; (5) maintaining the community's property values; (6) maximizing the use of existing interior space; and (7) promoting the general welfare, public health, and safety. Balancing of these factors will not result in the prohibition of development that is compatible with the neighborhood with regard to bulk and scale on parcels that have not been developed. Staff evaluated the above seven (7) Kensington Combining District Findings that are found in Attachment A: Findings and Conditions of Approval. These findings include determining the following factors for approval: ·The project allows the property owner to improve their value and enjoyment of the property. ·The project is designed to be compatible with the neighborhood in terms of bulk, scale and design in that it meets the R-6 zoning standards and the size of the new residence is consistent with other surrounding residences. ·The project minimizes impacts on surrounding neighbors by complying with the R-6 zoning standards in terms of height and setbacks, does not cast shadows onto neighboring properties or disturbs privacy. ·The project protects the value and enjoyment of neighbors properties in that the project does not obstruct any views of the San Francisco Bay and does not create privacy concerns by orienting the balcony view points towards the front. ·The project maintains the community’s property values because a single-family residence is an allowed use pursuant to the R-6 zoning district. ·The project is not subject to the existing interior space factor as it is a new proposed residence. ·The project promotes the general welfare, public health and safety of the area because it is a use that is allowed and will be required to obtain all the necessary permits. A further detailed analysis of each finding is listed in Attachment A, Findings and Conditions of Approval. Therefore, because all criteria for approval stated in Section 84-74.1206 are satisfied for the proposed project as listed in the Findings, the proposed project can be found to be consistent and compatible with the surrounding CONTRA COSTA COUNTY Printed on 12/31/2025Page 6 of 9 powered by Legistar™ File #:25-4454,Version:1 neighborhood. Appeal Point #5: The appellant claims that the project has to mirror their own property at 283 Colusa Ave. in regard to the following aspects: floor area ratio; building separation; off-street parking and design. Staff Response #5: The Contra Costa County Zoning Code does not require a residential project to mirror the surrounding neighborhood in regards to floor area ratio, building separation, off-street parking and design. Below is County Staff’s responses to each claim. ·Floor area ratio - Neither the Kensington Combining District Ordinance nor the R-6 Zoning District requires a property owner to exactly mirror the floor area ratio of their neighbor. The County Zoning Code does not have a floor area ratio requirement. ·Building Separation - The County Zoning Code does not have a building separation requirement. The project complies with all setback requirements of the zoning district and will comply with the Building Code during building permit review. ·Off-Street Parking - Residential projects are subject to the off-street parking requirements of the County Code and the proposed project complies with the R-6 parking requirement listed in 84-4.1202 by providing one off-street parking spot within the existing garage (the parcel was created in 1913 which qualifies for one parking spot). The Accessory Dwelling Unit does not need to provide a parking spot because an internal conversion accessory dwelling unit does not need to provide a parking spot per the accessory dwelling unit ordinance. ·Design - The Kensington Combining District Ordinance requires potential projects to be compatible with the neighborhood in respect to design. 283 Colusa Ave contains a single-family residence in the rear and obtained a land use permit (CDLP85-2106) to establish a second residence in the front, over the existing garage. The project mimics a similar design layout to 283 Colusa Ave. with a new residence in the rear and an ADU above an existing garage in the front. Appeal Point #6: The appellant states that the project sets a bad precedent for the neighborhood as other properties may propose similar developments. Staff Response #6: This project would not set a bad precedent in the neighborhood as there are already numerous parcels within Kensington that contain two residential units. As shown in the table in Appeal Point #7, there are at least eight other parcels within 1,500 feet of the subject parcel that have two-residences established. In this case, the project involves one primary dwelling unit and one ADU, which is consistent with State requirements that mandate local government to allow at least one ADU per lot with a single-family residence. The County does not have the discretion to prohibit an ADU on an otherwise eligible lot if the proposal meets applicable standards. Approval of this project therefore reflects compliance with the County Zoning Code, not the creation of a new exception. Moreover, any future applications for development in this area will be evaluated on its own merits and must demonstrate compliance with the County’s Zoning Ordinance, ADU ordinance and Kensington Ordinance.Approval of the project would not obligate the County to approve any future project that fails to meet code requirements or that seeks exceptions beyond what is allowed by right under State or County law. Therefore, approval of this project does not establish a precedent that undermines existing development standards or establishes a precedent to approve “maxed-out” developments elsewhere in CONTRA COSTA COUNTY Printed on 12/31/2025Page 7 of 9 powered by Legistar™ File #:25-4454,Version:1 the Kensington neighborhood. Appeal Point #7: The appellant states that the applicant and County Staff made dubious claims in regards to project revisions and analysis of comparable parcels that have two residences. Staff Response #7: During the initial review, the applicant removed the rooftop deck and lowered the house. Although not required, the applicant made these changes to address the neighbors’ concerns regarding privacy. In regard to the statement from the appellant that the County made false claims about comparable two- residence parcels in the neighborhood, the table below shows parcels within the neighborhood with a similar configuration. Parcel Configuration Distance from project 571-350-017 2 SFR South Neighbor Parcel 571-340-030 2 SFR 437 feet south 571-340-029 1 SFR + 1 ADU 478 feet south 571-340-027 2 SFR 560 feet south 571-340-026 2 SFR 560 feet south 571-320-005 1 SFR + 1 ADU 1315 feet south 571-300-015 1 SFR + 1 ADU 1006 feet southeast 571-170-010 1 SFR + 1 ADU 1897 feet east Appeal Point #8: The appellant states that there are reasonable construction alternatives such as building a detached ADU, lowering the height or making the house smaller. Staff Response #8: A property owner is entitled to develop their property within the confines of the County Zoning Code. The proposed ADU was previously reviewed by the Zoning Administrator and was determined to be compliant with the County ADU Ordinance. In regard to lowering the height of the new single-family residence, during the review stage of the application, the applicant revised the project to reduce the overall building height from 26.7 feet to 25.1 feet and pulled back the roofline of the second-story balcony at the front of the home which reduced visual massing and created a more articulated, stepped-back appearance at the upper level, helping to break up the building’s vertical and horizontal scale. It is also important to note that the height limit in the R-6 is 35 feet while the project height is 25.1 feet. Therefore, the property owner/applicant is within their right to request the project. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): The project is categorically exempt under CEQA Guidelines Section 15303(a) - single-family residence. The proposed project will construct one new single-family residence. Therefore, the project is exempt under CEQA Guidelines Section 15303(a) which exempts the new construction of one single-family residence. CONCLUSION AND STAFF RECOMMENDATION: CONTRA COSTA COUNTY Printed on 12/31/2025Page 8 of 9 powered by Legistar™ File #:25-4454,Version:1 Staff has determined that the proposed project is consistent with the applicable goals and policies of the General Plan, and also with the intent of the Residential Medium Density (RM) General Plan Designation, the R-6 Single-Family Residential District (R-6) and the Kensington Combining District (-K). The project is consistent with the established area as single-family residences are considered compatible uses within a residential neighborhood. The project also conforms to the guidelines of the Kensington area with respect to compatibility of the neighborhood. Moreover, the applicant made several changes to the project such as lowering the building height and removing a previously proposed rooftop terrace deck in order to address privacy and view concerns. Lastly, parcels with two residential units are common in this area of Kensington. Staff recommends that the Board of Supervisors deny the appeal and approve County File #CDDP24-03060, 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 applicant/property owner would not be allowed to improve their property by constructing a new approximately 1,643-square-foot, two-story single-family residence with an approximately 54-square-foot covered front porch and an approximately 83-square-foot covered second story balcony. CONTRA COSTA COUNTY Printed on 12/31/2025Page 9 of 9 powered by Legistar™ FINDINGS AND CONDITIONS OF APPROVAL – COUNTY FILE #CDDP24-03060, THOMAS BIGGS (APPLICANT) & ROBEL ASEFAW (OWNER) FINDINGS A. Kensington Combining District Findings Kensington Combining District (-K) requires the project to satisfy seven criteria to be approved: 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Project Finding: The project is to construct a new single-family residence. The new single-family residence is on a parcel where the GFA exceeds the threshold because of the size of the existing accessory dwelling unit. The 1,643-square-foot residence will not be excessively larger than other dwellings in the neighborhood and would not deprive surrounding properties of views, privacy, natural light or parking. The construction of a new residence will increase the value of the property because it would allow an accessory dwelling unit and a new single-family residence to reside on the same lot, further increasing the property value of the site. This allows the property owners to enjoy the lot. Moreover, many properties in the Kensington area contain both accessory dwelling units and single-family homes. The project allows the owner of this property to utilize their property similar to that which has been enjoyed by nearby neighbors who also have two living units on their properties. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale and design. Project Finding: The residence is to be constructed on a lot with a large upslope away from the street frontage. The development footprint of the residence will comply with all applicable setback requirements of the R-6 Zoning District. While the lot isn’t vacant, the project is designed in a comparable height to nearby structures, has a similar roof shape that is a sloped gable roof which matches the low-sloping gables of the neighborhood and will utilize wood siding which is consistent with exterior materials of surrounding homes. Views from homes along Coventry Road directly behind the project will not be impacted because the building height of the residence is 25.1’ and does not exceed the height limits of 35’. The bulk of the residence will be 1,643-square-foot of conditioned space which is compatible with other residences in the neighborhood in that homes along County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 2 of 7 Colusa Ave range in size from 1,000 sq ft to over 2,557 square feet. 3. Minimizing impacts upon surrounding neighbors. Project Finding: The new residence is located towards the rear of the lot and meets all R-6 setback standards. The total height of the residence will be 25.1’ which is well below the maximum building height of 35’. Additionally, the project design includes a gable roof form which allows the building to be low at the sides and thus, allow for more sunlight access to any surrounding neighbors. In order to maintain privacy, the windows along the side exterior are minimized and narrow to respect neighbors privacy. The project has no design aspect that would violate privacy views into neighboring properties. The project parcel currently has an existing garage that will provide the 1 off-street parking space required. Moreover, the residence will be constructed at the rear of the parcel, therefore, construction noise and impacts will be limited and will be screened from view from the frontage. The design of the second story roof line has been pulled back which creates a more stepped-back appearance at the upper level, helping to break up the building’s vertical and horizontal scale. Therefore, the project is not expected to have significant impacts to adjacent neighbors with respects to privacy. The applicant provided a shadow study and the study determined that new house will cast a small shadow on the property to the north for a few hours and will not cast a shadow on the property to the south. Therefore, the project minimizes impacts upon surrounding neighbors. 4. Protecting the value and enjoyment of the neighbors’ property. Project Finding: The project does not obstruct any views, predominantly of the San Francisco Bay, from surrounding vantage points. The project does not create any privacy concerns as the second story balcony is orientated away from any properties. Additionally, it does not substantially decrease access to sunlight for any surrounding properties, due to its siting and how great the elevation increase is from the subject parcel to the parcel directly behind it. The project will not infringe upon existing street parking as the project parcel has an existing garage that will be utilized. Moreover, a shadow study provided shows that the project will have a minimal impact on the parcel directly north and no impact on the parcel directly south. Thus, the project will protect the value and enjoyment of the neighbor’s property. 5. Maintaining the community’s property values. County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 3 of 7 Project Finding: The project is to construct a new single-family residence that generally complies with the R-6 zoning code standards and is consistent with the development pattern of the area. The construction of the new single-family residence will increase the value of the subject lot and maintain the values of the existing properties in the vicinity because a new single-family residence is an allowed use pursuant to the R-6 Zoning code. Moreover, the project will increase the housing stock of this area (1 SFR and 1 ADU). Property tax values will go up for this property and the area in general as residential appraisals will increase due to the new house. 6. Maximizing the use of existing interior space. Project Finding: The existing residence will be converted into an accessory dwelling unit. The project is to construct a new residence, thus, there is no existing space and thus, this criteria does not apply to the project. 7. Promoting the general welfare, public health, and safety. Project Finding: The project does not change the land use of the subject property and, as described earlier, is not expected to impact surrounding properties. The new development improves the value of the neighboring properties as the construction of a new house will increase property values of the area and will increase the housing units in the area, thereby helping to address the housing shortage in the County. The project does not include hazardous substances beyond what is normal for a residential property. The project is required to comply with all applicable building and fire codes. Based on the foregoing reasons, the project will maintain the general welfare, public health, and safety of the Kensington community. B. California Environmental Quality Act (CEQA) Findings The project is exempt under CEQA Guidelines Section 15301(a) – New Construction of one single-family residence. The project is to construct a new single-family residence. Therefore, it qualifies for the CEQA Guidelines Section 15301(a). County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 4 of 7 CONDITIONS OF APPROVAL FOR COUNTY FILE #CDDP24-03060 Project Approval Development Plan for a Kensington Design Review 1. Development Plan and Design Review Approval is granted to allow for the construction of a new approximately 1,643-square-foot, two-story single family residence. 2. The Development Plan and Design Review approval described above are granted based on or as generally shown on the following documents: a. The application received by the Department of Conservation and Development, Community Development Division (CDD) on December 12, 2024; b. Revised plans received on March 31, 2025. 3. Any change from the approved plans shall require review and approval by the CDD and may require the filing of an application to modify this Development Plan. Payment of Fees 4. This Development Plan Permit application is subject to an initial application deposit of $3,000.00, which was paid with the application submittal, plus time and materials 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 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. Construction Period Restrictions and Requirements County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 5 of 7 All construction activity shall comply with the following restrictions, which shall be included in the construction drawings. 5. The applicant and his contractor shall make a good faith effort to park any construction related vehicles on the project driveway and existing asphalt parking area at the front of the parcel. 6. 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. 7. 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 as far away from existing residences as possible. 8. 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 Federal and State holidays. 9. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 10. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action within 24 hours. The CDD phone number shall also be visible to ensure compliance with applicable regulations. 11. Unless specifically approved otherwise via prior authorization from the Zoning Administrator, all construction activities shall be limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on State and Federal holidays on the calendar dates that these holidays are observed by the State or Federal government as listed below: New Year’s Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington’s Birthday (Federal) Lincoln’s Birthday (State) President’s Day (State) County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 6 of 7 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 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 County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 7 of 7 additional permits are required as part of the proposed project: • Contra Costa County Building Inspection Division • Contra Costa County Environmental Health Division • East Bay Municipal Utility District • Stege Sanitary District • Kensington Fire Protection District AERIAL VIEWAERIAL VIEW ARCHITECTUAL SHEET INDEX Label Title A0 GENERAL PROJECT INFORMATION, SITE PLANS A0.5 SYMBOL LEGEND, ABBREVIATIONS, GENERAL NOTES A1.0 SITE PLANS A1.1 PROPOSED FLOOR PLANS A1.2 ROOF PLAN A2.0 EXTERIOR ELEVATIONS A3.0 BUILDING SECTIONS A4.0 3D VIEWS A4.1 3D VIEWS A5.0 SCHEDULES Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: GE N E R A L P R O J E C T IN F O R M A T I O N , S I T E PL A N S A0 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 NEW RESIDENCE SCOPE OF WORK STREET MAP PROPERTY INFO: CONSTRUCT A NEW TWO-STORY MAIN RESIDENCE AT THE REAR OF THE PROPERTY. ALLOCATE LOWER PORTION OF (E) HOUSE AT FRONT TO MAIN RESIDENCE UPPER FLOOR TO BE ALLOCATED AS AN ADU (UNDER SEPARATE APPLICATION) AERIAL VIEW OF PROPERTY 2022 EDITION OF THE : CALIFORNIA BUILDING CODE CALIFORNIA PLUMBING CODE CALIFORNIA MECHANICAL CODE CALIFORNIA ELECTRICAL CODE CALIFORNIA ENERGY CODE CALIFORNIA RESIDENTIAL CODE CALIFORNIA GREEN BUILDING CODE, AND LOCAL JURISDICTION CODES REFERENCED CODES: STREET VIEW 279 COLUSA AVE KENSINGTON, CA 3/31/2025 | 2:13:55 PM 4-30-25 EXISTING PROPOSED Living Level 1 1 Basement 1 1 Gross Floor Area Garage&Bsmnt 578 578 First 877 877 1,455 SF 1,455 SF Bdrm/Bth 2 / 1 2 / 1 (E)HOUSE (N)BUILDING - NEW MAIN RESIDENCE STATS PROPOSED Levels 2 Basement 0 Gross Floor Area First Floor (Bdrms) 892 Second Floor (Kitch) 751 1,643 SF Bdrm/Bth 3/3 SUMMARY OF GROSS FLOOR AREAS: ADU (UNDER SEPARATE APPLICATION) UPPER FLOOR OF (E) HOUSE AT FRONT :877 (N)MAIN RESIDENCE AREAS: LOWER LEVEL (E) HOUSE AT FRONT WITH GARAGE AND STORAGE AREA:578 NEW BUILDING AT REAR - 1ST 892 NEW BUILDING AT REAR - 2ND 751 COVERED PORCHES ENTRY PORCH -1ST 54 ROOF TERRACE (COVERED PORTION) -2ND 83 TOTAL FLOOR AREA: 3,235 PLANNING SUBMITTALPLANNING SUBMITTAL Address 279 Colusa Ave APN Number;571-350-018 Parcel Area:5,160 SF Zoning Designation:R-6, -TOV, -K Building Type V-B Occupancy R-3/U County Floor Area 861 Setbacks: Front: 20' Rear: 15' Side: 5', cumulative of 15' Max Hgt: 35' or 2.5 stories N CEILING HEIGHT8'-6" ARCHITECTURAL MATERIALS & SYMBOLS WINDOW KEY NOTE SHEET WHERE DRAWN SEE WINDOW SCHEDULE DOOR MARK SEE DOOR SCHEDULE DRAWING NUMBER ELEV. IDENTIFICATION SHEET WHERE DRAWN SHEET WHERE DRAWN W/DISCIPLINE PREFIX SHEET WHERE DRAWN W/DISCIPLINE PREFIX SHEET WHERE DRAWN W/DISCIPLINE PREFIX DETAIL NUMBER ELEVATION NUMBER BUILDING SECTION SECTION LETTER SECTION NUMBER WORK FRONT CONTROL POINT LARGE ARROW IS PLAN NORTH SMALL ARROW IS TRUE NORTH SHADED PORTION IS SIDE CONSIDERED OR DATUM POINT GRID LINES NORTH ARROW MATCH LINE DESCRIPTION 22 XXX 9 7 A4.1 3 7 A4.1 1 4 2 A A4.1 7 A4.1 A A4.1 A 12 DESCRIPTIONSYMBOL SYMBOL INTERIOR WALL ELEVATION EXTERIOR ELEVATION ARCHITECTURAL ABBREVIATIONS JST.JOIST VINYL COMPOSITION TILEVCT L L L YARD WROUGHT IRON WOOD WITHOUT WITH WEIGHT WEATHER PROOF WAINSCOT WINDOW WATER CLOSET VERTICAL VOLT AMPERE VERIFY IN FIELD VAPOR BARRIER URINAL UNFINISHED TYPICAL TRANSFORMER TOILET THROUGH THICK THREADED THRESHOLD TELEPHONE TELEVISION OUTLET TUBE STEEL TOP OF WALL TOP OF SLAB TOP OF MASONRY TOP OF JOIST TOP OF FOOTING TOP OF CURB TOP OF BEAM TOP OF TELEPHONE MOUNTING BOARD THROUGH BOLT TONGUE AND GROOVE SYSTEM SYMMETRICAL SWITCH SUSPENDED STEEL STANDARD SOUND TRANSMISSION CLASS SQUARE INCHES SQUARE FEET SPEAKER SPECIFICATIONS SPACE SIMILAR SHEATHING SHEET SERVICE ENTRANCE SECTION SECTION SCHEDULE SELF CLOSING STAINLESS STEEL SKYLIGHT SHUT OFF VALVE SMOKE DETECTOR SOLID CORE REMOVE ROOM REVISION RETURN REQUIRED REINFORCED REFERENCE REFRIGERATOR RIGHT OF WAY ROUGH OPENING ROOF DRAIN OVERFLOW ROOF DRAIN LEADER RADIUS QUANTITY QUARRY TILE POWER POLYVINYLCLORIDE PARTITION POUNDS PER SQUARE INCH POUNDS PER SQUARE FOOT PREFABRICATED PERFORATED PORCELAIN PLYWOOD PLUMBING PLASTIC PLATE PLASTER PHASE PERPENDICULAR POINT OF CONNECTION PLASTIC LAMINATE PROPERTY LINE PRECAST CONCRETE OPPOSITE OPENING OVER HEAD OUTSIDE AIR INTAKE OUTSIDE RADIUS ORNAMENTAL IRON OVER HANG OUTSIDE DIAMETER ON CENTER NOMINAL NUMBER NAILER NOT FOR CONSTRUCTION NON-CORROSIVE METAL NOT TO SCALE NOT IN CONTRACT MULLION METAL MODULAR MISCELLANEOUS MINIMUM MANUFACTURER MANUFACTURING MEDIUM MECHANICAL MAXIMUM MATERIAL MASONRY MARBLE MASONRY OPENING MALLEABLE IRON MANHOLE MACHINE BOLT LAMINATED VENEER LUMBER LIGHTING LIGHT LINOLEUM LINEAR LEAD LAVATORY LATERAL LAMINATE LINEAR FEET LIGHT EMITTING DIODE KNOCK OUT KILN DRIED KNOCK DOWN JOINT JUNCTION JUNCTION BOX INTERIOR INSULATION "INCLUDE, INCLUSIVE" IMPREGNATED INTERMEDIATE METALLIC CONDUIT ISOLATED GROUND IDENTIFICATION INSIDE FACE INSIDE DIAMETER INTERCOM OUTLET HYDRAULIC HOT WATER "HEATING, VENTILATING & AIR CONDITIONING" HEATER HORIZONTAL HEIGHT HARDWARE HARDBOARD HANDICAPPED HOLLOW METAL HOLLOW CORE HOSE BIBB GYPSUM BOARD GYPSUM GALVANIZED RIGID TUBING GATE VALVE GRADE MARK GLUE LAMINATED BEAM GLASS GROUND FAULT INTERRUPTER GROUND FAULT CIRCUIT INTERRUPTER GARAGE GALVANIZED GAUGE GALVANIZED IRON FURNISH FOOTING FIRE PROOF FLUORESCENT FLOORING FLOOR FINISH FIRE HOSE CABINET FOUNDATION FIRE DEPARTMENT CONNECTION FIRE ALARM CONTROL PANEL FABRICATE FIBERGLASS FLOOR SINK FACE OF FIELD NAILING FIRE EXTINGUISHER FLOOR DRAIN FLOOR CLEAN OUT FAN COIL FIRE ALARM EXTERIOR EXISTING EXHAUST EXCAVATE ELECTRIC DRINKING COOLER EVAPORATIVE COOLER ESTIMATE EQUIPMENT EQUAL ELECTRICAL NON-METALLIC TUBING ELECTRICAL METALLIC TUBING ELECTRICAL METALLIC CONDUIT ELEVATOR "ELECTRIC, ELECTRICAL" ELEVATION EACH EACH WAY END NAILING EXPANSION JOINT EXHAUST FAN EXPANSION ANCHOR DOOR DOWN DEAD LOAD DIMENSION DIAGONAL DIAMETER DEMOLITION DOUBLE DISHWASHER DOWN SPOUT DECOMPOSED GRANITE DRINKING FOUNTAIN PENNY COPPER CONTRACTOR CONTINUOUS CONSTRUCTION CONCRETE COMBINATION COLUMN CENTERED CONCRETE MASONRY UNIT CLEAR CLOSET CAULKING CEILING CENTERLINE CIRCUIT BREAKER CHANNEL CUBIC FEET PER MINUTE CERAMIC CEMENT CLOSED CIRCUIT TELEVISION CAMBER CABINET CERAMIC TILE CLEAN OUT CONTROL JOINT CAST IN PLACE CONSTRUCTION DOCUMENTS CONCRETE ASBESTOS PIPE BRONZE BEARING BRASS BEAM BLOCKING BLOCK BUILDING BOARD BACK OF CURB BUILT UP BOTTOM OF FOOTING BOTTOM OF BOUNDARY NAILING BENCH MARK ANGLE AMERICAN WIRE GAUGE AVERAGE ASPHALT ANNEALED ALTERNATE ALUMINUM AIR HANDLER UNIT ABOVE GRADE ADDITION or ADDENDUM ACOUSTICAL CEILING TILE ACOUSTIC ASBESTOS-CEMENT BOARD ABOVE ACRYLONITRILE-BUTADIENE-STYRENE AGGREGATE BASE COURSE AIR CONDITIONING ABOVE FINISHED GRADE ABOVE FINISHED FLOOR ANCHOR BOLT AMPERES YD. W.I. WD. W/O W/ WT. WP WCT WDW W/C VERT. VA V.I.F. V.B. UR UNF. TYP. TRANS. TLT. THRU THK. THD. TH. TEL. T.V. T.S. T.O.W. T.O.S. T.O.M. T.O.J. T.O.F. T.O.C. T.O.B. T.O. T.M.B. T.B. T & G SYS. SYM SW SUSP. STL. STD. STC SQ. IN. SQ. FT. SPKR. SPECS SPA. SIM. SHT'G. SH SES SECT. SCHED. SC S/S S/L S.O.V. S.D. S.C. RMV. RM REV. RET. REQ'D. REINF. REF. REF R.O.W. or R/W R.O. R.D.O. R.D.L. R QTY. Q.T. PWR. PVC PTN. PSI PSF PREFAB. PERF. PORC. PLYWD. PLUMB. PLAS. PL. or P PL. PH or %%C PERP. or P.O.C. P.LAM. P.L. or P P.C. OPPO. OPNG. OH OAI O.R. O.I. O.H. O.D. O.C. NOM. NO. NLR. NFC NCM N.T.S. N.I.C. MUL MTL. MOD MISC. MIN. MFR. MFG. MED. MECH. MAX. MAT'L MAS. MAR. M.O. M.I. M.H. M.B. LVL LTG. LT. LINO. LIN. LD. LAV LAT. LAM L.FT. L.E.D. KO KD K-D JT. JCT J-BOX INT. INSUL. INCL. IMPG IMC IG ID I.F. I.D. I.C. HYD. HW HVAC HTR HOR. HGT. HDW HDBD. H/C H.M. H.C. H.B. GYP. BD. GYP. GRC GM GM GLB GL GFI GFCI GAR. GALV. GA. G.I. FURN. FTG. FP FLUOR. FLG. FL FIN. FHC FDN. FDC FACP FAB. F/G F.S. F.O. F.N. F.E. F.D. F.C.O. F.C. F.A. EXT. EXIST. or E EXH. EXC EWC EVAP. EST. EQUIP. EQ. ENT EMT EMC ELEV. ELECT. EL EA. E.W. E.N. E.J. E.F. E.A. DR DN. DL DIM. DIAG. DIA. or %%C DEMO DBL. D/W D.S. D.G. D.F. d CU CONTR. CONT. CONST. CONC. COMB. COL. CNTRD. CMU CLR. CLO. CLKG. CLG. CL or C CKT. BKR. CH or CFM CER CEM. CCTV CAM. CAB C.T. C.O. C.J. C.I.P. C.D. C.A.P. BRZ BRG. BR BM. BLKG. BLK. BLDG BD. B/C B.U. B.O.F. B.O. B.N. B.M. AWG AVG ASPH. ANL ALT. AL. or ALUM. AHU AG ADD. ACT ACOU. ACB ABV. ABS ABC A/C A.F.G. A.F.F. A.B. A Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: SY M B O L L E G E N D , AB B R E V I A T I O N S , GE N E R A L N O T E S A0.5 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:13:55 PM 4-30-25 UP P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L E1E1 E2E2 E3E3 E4E4 63'-6" 30'-3 1/4" 18'-1 15/16" 63'-6" 12'-3" 33'-7" 17'-2" 15'-6 3/4" 24'-1" 20' 10'5' 15' 9'-7" 3'-1" 20' 6' 19'-8" 30' 24' 10'-1 15/16" (E) BUILDING FOOTPRINT WOOD FRAME CONSTRUCTION 1 STORY ABOVE BASEMENT & GARAGE (877 SF) (E)DECK REAR YARD 160' 150' (S B L ) 147.5 (0') GARAGE (SBL)(SBL) (S B L ) 145' (-2.5') S.W. 154.35' (+6.85)GRADE 163'GRADE ADJACENT BUILDING ADJACENT BUILDING 155.1' F.F.E. 155.1' F.F.E. 153.31' GRD. ADJACENT BUILDING 12 9 . 1 5 ' 12 9 . 1 5 ' 40.07' 40.07' (e)SHED SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L A1.0 SITE PLAN - EXISTING 1/8 in = 1 ftA1.0 SITE PLAN - EXISTING 1/8 in = 1 ft UP UP P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L E1 A2.0 E1 A2.0 S1 A3.0 S1 A3.0 S1 A3.0 S1 A3.0 S2 A3.0 S2 A3.0 S2 A3.0 S2 A3.0 S3 A3.0 S3 A3.0 S3 A3.0 S3 A3.0 E5E5 E4 A2.0 E4 A2.0 E2 A2.0 E2 A2.0 E3 A2.0 E3 A2.0 30'-3 1/4" 18'-1 15/16" 15'-4 13/16" 60'-4 1/2" 33'-7" 20' 10' 5' 15' 8'-1 1/8" 31'-1 7/8" 24'-1 15/16" 5'-0 5/8" 8'-10 15/16" 10'-9 1/4" 39'-3" 4' 4' 19'-8" 30' 24' 10' 20' 24' 14'-9 1/4" 3:00 PM 1/26/2025 11:00 AM 1/26/2025 5:00 PM 1/28/2025 (E) BUILDING FOOTPRINT WOOD FRAME CONSTRUCTION 1 STORY ABOVE BASEMENT & GARAGE (877 SF) (E)DECK (SBL) (SBL) (S B L ) (S B L ) 155.1' F.F.E. 155.1' F.F.E. 153.31' GRD. 156.9' FFE PORCH UP 147.5 (0') GARAGE 145' (-2.5') S.W. 153.5' (+6') GRD 156.5' PORCH 156.5' LANDING 154.35' (+6.85) GRADE 160' 150' (N)MAIN RESIDENCE LOWER FLOOR : 892 SF UPPER FLOOR: 751 SF TOTAL: 1,643 ADJACENT BUILDING 163'GRADE ADJACENT BUILDING ADJACENT BUILDING 12 9 . 1 5 ' 12 9 . 1 5 ' 40.07' 40.07' (e)SHED 5PM SHADOW 11 AM SHADOW 3PM SHADOW SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L A1.0 SITE PLAN-PROPOSED 1/8 in = 1 ftA1.0 SITE PLAN-PROPOSED 1/8 in = 1 ft D11D11 W01W01 D10D10D18D18 P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L 4' 5'-0 5/8" 5' 5' 10' 2'-9 3/8" 27'-4" 23'-4" 21'-3 5/8" SU N SE T B A C K SE T B A C K 153.5' 279 283275 156.5' 177.43' SE T B A C K P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L 4' 5'-0 5/8" 5' 5' 10' 2'-9 3/8" 27'-4" 23'-4" 21'-3 5/8" SU N SE T B A C K SE T B A C K 153.5' 279 283275 156.5' 177.43' SE T B A C K D11D11 W01W01 D10D10D18D18 AA A1.0 SITE SECTION 1/8 in = 1 ft AA A1.0 SITE SECTION 1/8 in = 1 ft Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: SI T E P L A N S A1.0 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:13:56 PM 4-30-25 NOTE: NOTE SITE CONTOURS ACQUIRED FROM COUNTY GIS DATA. RELATIVE GRADES DETERMINED FROM LOCAL VERTICAL DATUM (GARAGE SLAB). AA A1.0 AA A1.0 AA A1.0 AA A1.0 SOLAR STUDY SUN VECTORS DN B24L B3617 DW SB36 B29BF2 B24R SB26 3DB12RB48B12R 3DB15 B24L B3617 DW SB36 B29BF2 B24R SB26 3DB12RB48B12R 3DB15 OTC302496UF22495 W2442L W3342 W372424W372424W2142LW3442W1842L W12W12 W16W16 W17W17 W15W15 W01W01D11D11 1833PT W13W13 D04D04 D13D13 D22D2219510 3 : 12 3 : 12 P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L E1 A2.0 E1 A2.0 S1 A3.0 S1 A3.0 S1 A3.0 S1 A3.0 S2 A3.0 S2 A3.0 S2 A3.0 S2 A3.0 S3 A3.0 S3 A3.0 S3 A3.0 S3 A3.0 E4 A2.0 E4 A2.0 E2 A2.0 E2 A2.0 E3 A2.0 E3 A2.0 19'-11 3/4" 3' 5'-6 1/4" 5'-8 1/2" 4'-4 7/8" 8'-7 1/2" 5'-8 1/2" 6'-2"2'-11 1/8"3'-3 3/16" 3'-4" 7'-9 13/16" 24'-1 9/16" 3'-0 11/16" 6'-2 5/16" 31'-2" 8'-1 1/4" 24'-1 15/16" ROOF TERRACE STAIRWELL BATH DN LIVING TV BATH SHWR BM ABV. DN GLASS RAILING 155.7' FIN. FLR SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L A1.1 SECOND FLOOR - PROPOSED 1/4 in = 1 ftA1.1 SECOND FLOOR - PROPOSED 1/4 in = 1 ft SB26 SB42 SB26 SB42 WH W10W10 W10W10 D19D19 W11W11 W14W14 D10D10D18D18D20D20 D25D25 D16D16 D12D12 D01D01 D01D01 D21D21 D17D17 D14D14 D01D01 D23D23 D15D15 UP UP P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L P / L E1 A2.0 E1 A2.0 S1 A3.0 S1 A3.0 S1 A3.0 S1 A3.0 S2 A3.0 S2 A3.0 S2 A3.0 S2 A3.0 S3 A3.0 S3 A3.0 S3 A3.0 S3 A3.0 E4 A2.0 E4 A2.0 E2 A2.0 E2 A2.0 E3 A2.0 E3 A2.0 12'-11 11/16" 2'-1" 9'-8 7/16" 12'-6 1/16" 13'-9 15/16"2'-6" 13'-9 15/16"3'-1" 2'-5 1/2"2'-10 1/2" 8'-10 1/4"4'-7 3/16" 12'-1 1/2"4'-9 7/16"5'-8 1/2"5'-11 7/8" 3' 7'-4 1/8" 8'-2 7/8" 4'-6 7/8" 2'-11 1/2" 5'-8 5/8" 3'-5 3/4" 5' 17'-6 11/16"6'-8" 9 1/4" 8'-1 1/8" 31'-1 7/8" 24'-1 15/16" BEDROOM 2 BEDROOM 1 MASTER BATH BATH HALL CLOSET CLOSET CLOSET CLOSET PATIO PORCH 156.5' LANDING 3R @ 6 3 / 4 " MINI SPLIT COMPRESSORS 30" HIGH LANDSCAPING RET. WALL SL O P E SL O P E 156.9' FFE 156.5' LANDING 156.9' FFE 153.5' LANDING SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L A1.1 FIRST FLOOR - PROPOSED 1/4 in = 1 ftA1.1 FIRST FLOOR - PROPOSED 1/4 in = 1 ft Walls Schedule 2D Symbol Wall Type 8" Concrete Wall Siding-4 Lap- NEW Interior-1-NEW Exterior Railing Siding-4 Lap- Both Sides - NEW Deck Railing/Fence Interior-4-NEW Glass Shower 6" Concrete Wall A1.1 WALL TYPES 1/4 in = 1 ftA1.1 WALL TYPES 1/4 in = 1 ft Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: PR O P O S E D F L O O R PL A N S A1.1 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:13:56 PM 4-30-25 3 : 12 3 : 12 v v v E1 A2.0 E1 A2.0 S1 A3.0 S1 A3.0 S1 A3.0 S1 A3.0 S2 A3.0 S2 A3.0 S2 A3.0 S2 A3.0 S3 A3.0 S3 A3.0 S3 A3.0 S3 A3.0 E4 A2.0 E4 A2.0 E2 A2.0 E2 A2.0 E3 A2.0 E3 A2.0 ROOF PLAN LEGEND ATTIC AREA ROOF VENT W/ .41SF OPENING WHOLE HOUSE FAN BELOW VENT AT ROOF SOFFIT VENT A1.2 ROOF PLAN - PROPOSED 1/4 in = 1 ftA1.2 ROOF PLAN - PROPOSED 1/4 in = 1 ft Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: RO O F P L A N A1.2 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:13:56 PM 4-30-25 D18D18 D10D10 D11D11 W01W01 24.7' Ridge 21'-2 1/8" SECOND FLR. 8'-11 3/8" 12.23' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' (153.5') (156.9') (165.7') (178.43') D10D10 W01W01 D18D18 D11D11 24.7' Ridge 21'-2 1/8" SECOND FLR. 8'-11 3/8" 12.23' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' (153.5') (156.9') (165.7') (178.43') D18D18 D10D10 D11D11 W01W01 E1 A2.0 EXTERIOR ELEVATION FRONT 1/4 in = 1 ft E1 A2.0 EXTERIOR ELEVATION FRONT 1/4 in = 1 ft W10W10W10W10 W13W13 1833PT S1 A3.0 S1 A3.0 S2 A3.0 S2 A3.0 W10W10 W13W13 1833PT W10W10 S1 A3.0 S1 A3.0 S2 A3.0 S2 A3.0 W10W10W10W10 W13W13 1833PT E2 A2.0 EXTERIOR ELEVATION LEFT 1/4 in = 1 ft E2 A2.0 EXTERIOR ELEVATION LEFT 1/4 in = 1 ft W14W14 W17W171833PT W16W16W15W15 DIAGONAL SLATTED PRIVACY SCREEN S1 A3.0 S1 A3.0 S2 A3.0 S2 A3.0 W16W16W15W15 W14W14 1833PT W17W17 DIAGONAL SLATTED PRIVACY SCREEN S1 A3.0 S1 A3.0 S2 A3.0 S2 A3.0 W14W14 W17W171833PT W16W16W15W15 E4 A2.0 EXTERIOR ELEVATION RIGHT 1/4 in = 1 ft E4 A2.0 EXTERIOR ELEVATION RIGHT 1/4 in = 1 ft W11W11 D19D19 W12W12 Ridge 21'-2 1/8" SECOND FLR. 8'-11 3/8" 12.23' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' W12W12 W11W11 D19D19 Ridge 21'-2 1/8" SECOND FLR. 8'-11 3/8" 12.23' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' W11W11 D19D19 W12W12 E3 A2.0 EXTERIOR ELEVATION BACK 1/4 in = 1 ft E3 A2.0 EXTERIOR ELEVATION BACK 1/4 in = 1 ft Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: EX T E R I O R E L E V A T I O N S A2.0 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:14:10 PM 4-30-25 JAMES HARDIE FIBER CEMENT SIDING 4"VERTICAL SIDING, DARK BROWN STAIN 10" WOOD TRIM, PAINTED DOOR PANEL WINDOW FRAME WINDOW TRIM GABLE FACIA MINI-SPLIT COMPRESSOR UNITS GABLE FACIA JAMES HARDIE FIBER CEMENT SIDING DOOR PANEL 10" WOOD TRIM, PAINTED 4"VERTICAL SIDING, DARK BROWN STAIN 4- PANEL SLIDING PATIO DOOR BOX LIGHT (DARK SKY COMPLIANT) PAINTED RISER DARK GREY , WOOD COMPOSITE DECKING WHITE PAINTED WOOD BEAM WHITE ROOF MEMBRANE SKYLIGHT EAVE FACIA OPENING WINDOW FRAME WINDOW TRIM METAL DOWNSPOUT JAMES HARDIE FIBER CEMENT SIDING 10" WOOD TRIM, PAINTED 4"VERTICAL SIDING, DARK BROWN STAIN GLASS RAILING 4"VERTICAL SIDING, DARK BROWN STAIN 10" WOOD TRIM, PAINTED JAMES HARDIE FIBER CEMENT SIDING METAL DOWNSPOUT WHITE ROOF MEMBRANE W10W10 1833PT W13W13 D01D01 D01D01D21D21 35' 15'-4" 25.1' 24.6' 9'-3 7/8" Ridge 21'-1 1/2" SECOND FLR. 8'-11 3/8" 12.17' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' MAX HEIGHT : 35' ( O R 2 . 5 S T O R I E S ) GRD. 158.0' ORIGINAL GRADE (153.5') (156.9') (165.7') (177.87') 35' 15'-4" 25.1' 24.6' 9'-3 7/8" Ridge 21'-1 1/2" SECOND FLR. 8'-11 3/8" 12.17' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' MAX HEIGHT : 35' ( O R 2 . 5 S T O R I E S ) GRD. 158.0' ORIGINAL GRADE (153.5') (156.9') (165.7') (177.87') W10W10 1833PT W13W13 D01D01 D01D01D21D21 S2 A3.0 LONGITUDINAL SECTION 1/4 in = 1 ft S2 A3.0 LONGITUDINAL SECTION 1/4 in = 1 ft D17D17 W12W12 P / L P / L P / L P / L 8' Ridge 21'-1 1/2" SECOND FLR. 8'-11 3/8" 12.17' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' CRAWL SPACE (153.5') (156.9') (165.7') (177.87') P / L P / L P / L P / L 8' Ridge 21'-1 1/2" SECOND FLR. 8'-11 3/8" 12.17' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' CRAWL SPACE (153.5') (156.9') (165.7') (177.87') D17D17 W12W12 S1 A3.0 CROSS SECTION 1/4 in = 1 ft S1 A3.0 CROSS SECTION 1/4 in = 1 ft W11W11 D12D12 W12W12 D19D19 P / L P / L P / L P / L Ridge 21'-1 1/2" SECOND FLR. 8'-11 3/8" 12.17' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' (153.5') (156.9') (165.7') (177.87') P / L P / L P / L P / L Ridge 21'-1 1/2" SECOND FLR. 8'-11 3/8" 12.17' FIRST FLR. 0' 8.95' GRADE -3'-5 3/8" 3.45' (153.5') (156.9') (165.7') (177.87') W11W11 D12D12 W12W12 D19D19 S3 A3.0 CROSS SECTION1 1/4 in = 1 ft S3 A3.0 CROSS SECTION1 1/4 in = 1 ft Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: BU I L D I N G S E C T I O N S A3.0 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:14:11 PM 4-30-25 A4.0 LEFT REAR A4.0 LEFT REAR A4.0 FRONT RIGHT A4.0 FRONT RIGHT A4.0 RIGHT REAR A4.0 RIGHT REAR A4.0 FRONT LEFT A4.0 FRONT LEFT Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: 3D V I E W S A4.0 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:15:01 PM 4-30-25 Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: 3D V I E W S A4.1 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:15:22 PM 4-30-25 (E) TREE LINE BEYOND 279 COLUSA VIEW FROM REAR VIEW FROM REAR 279 COLUSA 279 COLUSA CO L U S A CO L U S A CO V E N T R Y CO V E N T R Y EXISTING TALL TREELINE(E)TREES VIEW FROM ABOVE VIEW FROM REAR TREES ON WEST SIDE OF COLUSA VIEW FROM 280 COVENTRY VIEW FROM 276 COVENTRY VIEW FROM 290 COVENTRY (N) WINDOW SCHEDULE NUMBER LABEL QTY FLOOR SIZE WIDTH HEIGHT R/O DESCRIPTION HEADER COMMENTS W01 4030LS 1 2 4030LS 48"36"49"X37"LEFT SLIDING 2"X10"X52" (2) W10 4040FX 2 1 4040FX 48"48"49"X49"FIXED GLASS 2"X10"X52" (2) W11 2030SC 1 1 2030SC 24"36"25"X37"SINGLE CASEMENT-HL 2"X10"X28" (2) W12 3036FX 1 2 3036FX 36"42"37"X43"FIXED GLASS 2"X10"X37" (2) W13 6030FX 1 2 6030FX 72"36"73"X37"FIXED GLASS 2"X10"X76" (2) W14 2020AW 1 1 2020AW 24"24"25"X25"SINGLE AWNING 2"X10"X28" (2) W15 6020FX 1 2 6020FX 72"24"73"X25"FIXED GLASS 2"X10"X76" (2) W16 3020FX 1 2 3020FX 36"24"37"X25"FIXED GLASS 2"X10"X40" (2) W17 2020AW 1 2 2020AW 24"24"25"X25"SINGLE AWNING 2"X10"X28" (2) (VERIFY LENGTH) A5.0 (N)WINDOW SCHEDULE 1/4 in = 1 ftA5.0 (N)WINDOW SCHEDULE 1/4 in = 1 ft (N) DOOR SCHEDULE NUMBER LABEL QTY FLOOR SIZE WIDTH HEIGHT R/O DESCRIPTION HEADER COMMENTS D01 2868 3 1 2868 R IN 32"80"34"X81 1/4"HINGED-DOOR P03 4"X10"X37" D04 2868 1 2 2868 R IN 32"80"34"X81 1/4"HINGED-DOOR P03 4"X10"X37" D08 3060 1 1 3060 36"72"37"X73 3/4"HINGED-PAMPLONA GATE 4"X10"X40" D09 2860 1 1 2860 31 13/16"72"32 13/16"X73 3/4"HINGED-PAMPLONA GATE 4"X10"X35 13/16" D10 2868 1 1 2868 R EX 32"80"32"X80 1/8"EXT. HINGED-GLASS PANEL 2"X10"X35" (2) D11 12080 1 2 12080 L/R EX 144"96"146"X99"EXT. QUAD SLIDER-GLASS PANEL 2"X10"X146" (2) D12 2068 1 1 2068 L 24"80"49 1/4"X82 1/2"POCKET-DOOR P03 2"X10"X52 1/4" (2) D13 21068 1 2 21068 R 34"80"69 1/4"X82 1/2"POCKET-DOOR P03 2"X10"X72 1/4" (2) D14 2468 1 1 2468 L IN 28"80"30"X81 1/4"HINGED-DOOR P03 4"X10"X33" D15 2668 1 1 2668 L 30"80"30"X80"SHOWER-GLASS SLAB D16 8068 1 1 8068 L IN 96"80"98"X82 1/2"SLIDER-DOOR P04 2"X10"X101" (2) D17 2668 1 1 2668 R IN 30"80"32"X81 1/4"HINGED-DOOR P03 4"X10"X35" D18 1868 1 1 1868 EX 20"80"21"X80 7/8"EXT. FIXED-GLASS PANEL 2"X10"X24" (2) D19 8068 1 1 8068 R EX 96"80"98"X83"EXT. SLIDER-GLASS PANEL 2"X10"X101" (2) D20 11168 1 1 11168 L IN 23"80"25"X81 1/4"HINGED-DOOR P03 4"X10"X28" D21 5068 1 1 5068 R IN 60"80"62"X82 1/2"SLIDER-DOOR P04 2"X10"X65" (2) D22 2668 1 2 2668 R 30"80"30"X80"SHOWER-GLASS SLAB D23 1868 1 1 1868 R IN 20 1/16"80"22 1/16"X82 1/2"HINGED-DOOR P03 4"X10"X25 1/16" D25 4068 1 1 4068 L IN 48"80"50"X82 1/2"SLIDER-DOOR P04 2"X10"X53" (2) (VERIFY LENGTH) A5.0 (N)DOOR SCHEDULE 1/4 in = 1 ftA5.0 (N)DOOR SCHEDULE 1/4 in = 1 ft Revision Table No.Date Description 3708 Linwood Ave. Oakland, CA. 94602 Phone: 510-757-6131 Email: tom.biggs@biggs-group.com Client: Robel Ghezzehai 279 Colusa Ave Kensington, CA 94707 Phone: 510.393.0871 Email: SC H E D U L E S A5.0 NE W R E S I D E N C E 27 9 C O L U S A A V E . KE N S I N G T O N , C A . 9 4 7 0 7 3/31/2025 | 2:15:22 PM 4-30-25 Department of Conservation and Development County Zoning Administrator Monday, May 19, 2025 – 1:30 P.M. STAFF REPORT Project Title: Development Plan for a Kensington Design Review of a New Single-Family Residence County File(s): Applicant: Owner: Thomas Biggs – Biggs Group Robel Asefaw Zoning: Combining District (-K), Tree Obstruction of Views Combining District (-TOV) General Plan: Site Address/Location California Environmental Quality Act (CEQA) Status: Categorical Exemption, CEQA Guidelines Section 15303(a)- One Single-Family residence. Project Planner: everett.louie@dcd.cccounty.us Staff Recommendation: I. PROJECT SUMMARY The applicant requests approval of a Development Plan for a Kensington Design Review for the construction of a new 1,643-square-foot, two-story single-family residence with an approximately 54-square-foot covered front porch and an approximately 83-square-foot covered second story balcony. The total gross floor area of the parcel will be 3,235 square feet, where 2,600 square feet is the maximum gross floor area. Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 2 of 11 II. RECOMMENDATION The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator: 1. APPROVE the Development Plan (County File #CDDP24-03060), based on the attached Findings and Conditions of Approval; and 2. DIRECT staff to file a Notice of Exemption with the County Clerk. III. GENERAL INFORMATION A. General Plan – The subject property is located within a Residential Medium Density (RM) General Plan land Use designation. B. Zoning District – The subject property is located within the R-6 Single-Family Residential District (R-6), Kensington Combining District (-K), and Tree Obstruction of Views Combining District (-TOV). C. California Environmental Quality Act (CEQA) - The proposed project is exempt under CEQA Guidelines Section 15303(a) – single-family residence. The proposed project will construct one new single-family residence. Therefore, the project is exempt under CEQA Guidelines Section 15303(a) which exempts one single-family residence. D. Lot Creation: The subject property was created on July 7, 1913, Lot 24, as part of the Berkeley Park Subdivision. E. Previous Applications: 1. CDSU24-00141: An ADU application to convert the existing single-family residence into an Accessory Dwelling Unit was approved on February 10, 2025. IV. SITE/AREA DESCRIPTION The subject site is a 5,160-square-foot parcel located within a single-family residential neighborhood in the Kensington area. The subject parcel gains access from, and fronts Colusa Ave to the west. The lot is rectangularly-shaped parcel that currently contains Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 3 of 11 an existing 1,455-square-foot single-family residence with an attached garage. The parcel slopes steeply up from Colusa Ave which is at 145 feet above sea level and rises to 163 feet above sea level at the rear. There are no existing trees on the site. Surrounding parcels are predominantly rectangular and all contain existing single- family residences. Parcels on the western side of Colusa Ave are located within the City of El Cerrito jurisdiction. Parcels to the north, south and east share the same zoning as the subject property of R-6, -TOV and -K. Properties immediately north, south and east share the General Plan designation of Residential Medium Density (RM) General Plan. V. PROJECT DESCRIPTION The applicant requests approval of a Development Plan for a Kensington Design Review for the construction of a new 1,643-square-foot, two-story single-family residence with an approximately 54-square-foot front covered porch and an approximately 183-square-foot covered second story balcony. The project requires a public hearing because the total gross floor area of all existing and proposed structures on the site is 3,235 square feet, which exceeds the threshold for a hearing of 2,600 square feet. The residence will be designed to include two main floors of a conditioned living area and a second story balcony that faces the frontage. There will also be a covered porch over the front door. Other site improvements included in this project that are not subject to the Kensington Design Review is a new 30” landscaping retaining wall to the north of the proposed residence, a crawl space below the residence and a staircase up to the front door. VI. AGENCY COMMENTS A. Kensington Municipal Advisory Council (KMAC): The project was first heard by the KMAC on January 29, 2025. The KMAC voted to continue the project to February 26, 2025 so the applicant and neighbors could meet. On February 26, 2025, the project was once again heard by the Kensington Municipal Advisory Council. The KMAC continued the project again to March 26, 2025 so the applicant and neighbors could once again meet. On March 26, 2025, the KMAC recommended approval of the project. B. East Bay Municipal Utility District: In a comment letter, the water district recommended that the applicant submit development plans to the New business Office and to work with the water district. Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 4 of 11 No comments were received from the following agencies: Conservation and Development Building Inspection Division, Kensington Fire Protection District, Stege Sanitary District, and Contra Costa Mosquito & Vector Control District. VII. STAFF ANALYSIS AND DISCUSSION A. Consistency with General Plan: The subject property is located within the Residential Medium Density (RM) General Plan Land Use designation. The RM allows for a residential density between 7-17 units per net acre. Primary uses in the RM are predominately single-family residential development which typically includes a detached single-family unit on lots approximately 2,500 to 6,000 square feet in size. The 5,160-square-foot parcel (0.118 acre) has a residential density of 0.826 units to 2.006 units. Therefore, because the project is proposing one residential unit, the project conforms to the residential density of the RM. Additionally, the project is a single-family residence which is consistent with the typical uses allowed within the RM General Plan Land Use designation and the parcel which is 5,160 square feet is within the normal range of parcels in the RM. The proposed single-family residence will not alter the land use on the property nor will it conflict with the density range for the lot or the vicinity with the same General Plan designation. Specific Area Policies: The Stronger Communities Element of the County General plan contains policies for specific geographic areas of the unincorporated County. The Stronger Communities Element contains specific policies that relate to projects within the Kensington area. A detailed discussion of the proposed project’s consistency with these policies follows: Kensington Policy 3. Ensure new development provides reasonable protection for existing residences regarding views, design compatibility (including building mass, height, and mechanical devices), adequate parking, privacy, and access to sunlight. Staff Response: 1. Views: The construction of the new single-family residence will not impact any surrounding views as defined in Chapter 84-74 – Kensington Combining District (-K), Section 84-74.404(r). The residence does not exceed the 35 feet height limit or two and ½ story limit. Parcels directly behind the project include 276 and 290 Coventry Road which currently have views to the San Francsico Bay. The project will not block these views because the parcels directly behind the project are located 13 feet higher in elevations and are two stories. Therefore, Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 5 of 11 the views from homes on Coventry will look over the proposed project. 2. Design Compatibility; Bulk: The project is designed to mimic the surrounding homes bulk in that the residence matches the height of similar structures, has sloped gable roofing and is built to mimic exterior materials of the neighborhood. The project is a two-story residence which would match the majority of the homes on properties with steep topography in the Kensington area where second stories are common. Moreover, the design of the proposed project will have a sloped gable roof which will match the low-sloping gable roof design of many houses in the area. 3. Design Compatibility; Size: The project is to be 1,643 square feet in size of new conditioned living space. Immediate adjacent residences range in size from 1,000 square feet to over 2,000 square feet. Therefore, the 1,643 proposed square footage is well within the range of residential size of the surrounding houses. The below table shows properties along Colusa Ave of similar size. Address Size 4. Design Compatibility; Height: The proposed residence will have a maximum height of 25.1’ feet and a maximum of two stories. The project will not exceed the maximum height allowance of 35 feet or two and a half stories and is compatible with surrounding two-story houses on Colusa Avenue and Coventry Road. 5. Adequate Parking: The R-6 Zoning District standards require two off-street parking spaces unless the parcel was created prior to September 9, 1971, in which case a single parking space would be required. The subject property was created in 1913, and therefore only one parking space is required. The site currently has an existing detached garage building that will be used to comply with the one required off-street parking spot. 6. Privacy: The project is designed to protect privacy of the neighborhood. The second story covered balcony is located at the front of the residence and does not look into the side yards of neighbors. Along the front porch, the applicant Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 6 of 11 will place a privacy screen to maximize privacy to the neighbors. Additionally, the orientation of the front porch does not allow views into neighbors properties as the front porch is facing the frontage, away from the side yards of neighbors. 7. Access to Light: The project will not have any impact on the natural light currently enjoyed by residences in the neighborhood as the orientation of the parcel and the placement of the residence towards the rear. The applicant has submitted a shadow study which demonstrated that the only time the project would block light was from around 11:00 am – 3:00 pm on the back half of 275 Colusa Avenue. No shadows will be cast along 283 Colusa Avenue. Additionally, the project is designed with a gable roof form which keeps the building low at the sides, thus allowing better sunlight to the neighbors. Kensington Policy 4. When reviewing new development proposals, ensure views of scenic natural features (e.g., San Francisco Bay, distant mountains) and the developed environment (e.g., bridges, San Francisco skyline) are substantially preserved. Staff Response: San Francisco Bay and some natural and built-out features within it, like the bridges and city skylines, are visible from the neighborhood looking west from Highgate Road. However, the proposed project has no impact with respect to views as the parcels directly behind the project on Coventry Road are located at a higher elevation then the proposed project. The applicant has included 3D views which show that the height of the new house would not block any existing views (see sheet A4.1). Therefore, views of the San Francsico Bay from Coventry Road and residences on Coventry would be preserved.. Kensington Policy 5. For new developments, encourage building scale, massing, architectural style, and materials to provide harmonious scale transitions and blend with the surrounding existing residential neighborhood. Staff Response: See Staff Response for Kensington Policy 3 above. Land Use Policy LU-P5.1. Allow development only where requisite community services, facilities, and infrastructure can be provided. Staff Response: The project is readily serviced by East Bay Municipal Utility District, Stege Sanitary District and the Kensington Fire Protection District. Therefore, the existing infrastructure can be provide to the new development. Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 7 of 11 Land use Policy LU-P7.5. Require new residential development to be planned, designed, and constructed in a way that promotes health, minimizes hazard exposure for future residents, and mitigates potential adverse effects on natural resources and the environment. Staff Response: The project is subject to the Kensington Combining District which requires development to be compatible with the Kensington area. As mentioned above, the project is designed to minimize view impacts, meets the setbacks and does not have any potential adverse effects. B. Consistency with Zoning: The subject property is located within the R-6 Single- Family Residential District (R-6), the Kensington Combining District (-K), and the Tree Obstruction of Views Combining District (-TOV). Chapter 84-4 – R-6 Single-Family Residential District: Generally speaking, the intent of the R-6 Zoning District is to provide for orderly development of the single-family residential uses, accessory structures and the uses normally auxiliary to them. The proposed project is for the construction of a 1,643-square-foot single-family residence. This is an allowed use by right as the existing residence will be converted into an accessory dwelling unit. Therefore, the parcel will only have one single- family residence after the approval of CDDP24-03060. The table below shows that the project meets all applicable development standards of the R-6 standards. Development Standards Proposed Project The parcel was recorded under the Berkeley Park Subdivision in 1913 and therefore qualifies for reduced setbacks under County Code 82.14.004. However, as proposed, the project exceeds the sliding scale setbacks and also conforms to the R-6 standard side yard setbacks. As shown in the table above, the project complies with the height, setbacks and parking requirements of the R-6 zoning district. Chapter 84-74: Kensington Combining District: Section 84-74.802 of the County Code sets the gross floor area threshold standard for projects within the Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 8 of 11 Kensington Combining District (-K). Projects that exceed the specific lot threshold require a Development Plan application and a public hearing. For a lot size of 5,160 square feet, the gross floor area threshold standard is 2,600 square feet. The gross floor area for this project is proposed to be a 1,643-square-foot new single-family residence, a 54-square-foot covered porch and a 83-square-foot covered second story balcony. The gross floor area also includes an existing 1,455-square-foot accessory dwelling unit (previously converted main residence) and garage and storage accessory structure. The total gross floor area (all existing structures) for the parcel is 3,346 square feet which exceeds the threshold for hearing. Therefore, the project is subject to a Development Plan. As stated in the General Plan consistency section, the size of the residence is not excessive for the area as there are other residences in the vicinity that are of comparable square footage and the project will not impose any limitations with respect to views, privacy and parking constraints on the adjacent lots. Per County Code 84-74.1206, the Kensington Combining District findings for approval can be made which are included in the conditions of approval attached to this staff report. Chapter 816-2 – Tree Obstruction of Views: The -TOV Combining District furthers the Kensington Combining District’s goals, as its intent is to provide a method for property owners to gain restoration of views and sunlight lost due to tree growth by another property owner. The proposed development does not include any alteration, addition or removal of any trees. Therefore, the -TOV ordinance does not apply to the proposed project. C. Appropriateness of Use: The project site currently has a single-family residence that is being converted into an accessory dwelling unit. Therefore, the site is allowed to have one single-family residence. The project proposes a single-family residence which is consistent with both the zoning and the General Plan land use. The proposed residence will be consistent with the established use of the property as well as the guidelines of the Kensington area with respect to compatibility of the neighborhood. The proposed project will conform to the height and side yard restrictions of the R-6 zoning district. No portion of the project will infringe upon the existing views, natural light, privacy and parking of properties in the area. The proposed residence exceeds the maximum allowed gross floor area for the lot size, however the bulk is not excessive for the area and development of the vacant lot will preserve property values of the surrounding area. Thus, the project is appropriate for the Kensington area and the R-6, -TOV, and -K zoning districts. D. Applicant Revisions To Address Neighborhood Concerns: During initial stages of the application process, County Staff received public comments from surrounding Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 9 of 11 neighbors concerned with certain aspects of the project. The public comments raised concerns regarding height, privacy and bulk. In response to these concerns, the applicant made various changes to the project. a. Height and Bulk Concerns: Concerns were raised regarding the overall bulk and massing of the proposed residence—particularly its length and its prominence as viewed from the street and adjacent properties. In response, the applicant has revised the project to reduce the overall building height from 26.7 feet to 25.1 feet. This reduction helps lower the home’s profile and ensures compliance with the maximum height limit established by the applicable zoning regulations. Additionally, the applicant pulled back the roofline above the second- story balcony at the front of the home. This architectural change reduces visual massing and creates a more articulated, stepped-back appearance at the upper level, helping to break up the building’s vertical and horizontal scale as viewed from the street. These modifications collectively contribute to a less bulky appearance and improve the project's compatibility with the surrounding neighborhood character. b. Privacy Concerns: To address concerns regarding privacy, the applicant has removed the previously proposed rooftop terrace deck from the project. This revision was made in direct response to concerns that the deck would afford direct views into neighboring bedroom and bathroom windows and rear/side yards. The elimination of the rooftop deck significantly reduces potential privacy intrusions and helps address visual and spatial concerns raised by multiple neighbors. The below photos illustrate the design changes made to accommodate neighbors’ concerns including showing the second story roof line being pulled back to create more spacing and the rooftop terrace being removed to increase privacy. INITIAL DESIGN DESIGN TO ADDRESS NEIGHBORS Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 10 of 11 INITIAL DESIGN DESIGN TO ADDRESS NEIGHBORS VIII. CONCLUSION As proposed, the applicant requests approval of a Development Plan for a Kensington Design Review for the construction of a new 1,643-square-foot single-family residence. The proposed development is consistent with the Residential Medium Density (RM) General Plan land use designation, the specific policies of the Kensington area and complies with the intent and purpose of the Single-Family Residential (R-6), Kensington (-K) Combining District, and the Tree Obstruction of Views (-TOV) Combining Districts. Therefore, staff recommends that the Zoning Administrator approve County File #CDDP24-03060 based on the attached conditions of approval. Attachments: A. Findings and Conditions of Approval Zoning Administrator – May 19, 2025 County File #CDDP24-03060 Page 11 of 11 B. Maps – Parcel Maps, Aerial Map, Zoning Map, General Plan Map C. Agency Comments D. Site Photographs E. Project Plans Department of Conservation and Development County Planning Commission Wednesday, August 27, 2025 – 6:30 P.M. STAFF REPORT Agenda Item #_____ Project Title: Appeal of Kensington Design Review and Development Plan for New Single-Family Residence on Colusa Ave. County File Number: Appellants: Applicant: David and Sandra Gerstel Thomas Biggs Owner: Zoning/General Plan: R-6 Single-Family Residential District (R-6), Kensington Combining District (-K), Tree Obstruction of Views Combining District (-TOV)/ Residential Medium Density (RM) :279 Colusa Ave, Kensington / APN: 571-350-018 Quality Act (CEQA) Status: Categorical Exemption, CEQA Guidelines Section 15303(a)- One Single-Family residence. Project Planner: Email: everett.louie@dcd.cccounty.us Staff Recommendation: I. PROJECT SUMMARY This is a hearing on an appeal of the Zoning Administrator’s decision to approve a Kensington Development Plan and Design Review to convert the existing residence to a dwelling unit (ADU) and construct a new approximately 1,643-square-foot, two- story, single-family residence with an approximately 54-square-foot covered front porch and an approximately 83-square-foot covered second story balcony. The combined gross floor area of the new residence and ADU will be 3,235 square feet, County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 2 of 10 where the threshold is 2,600 square feet for triggering a development plan hearing. II. RECOMMENDATION The Department of Conservation and Development, Community Development Division (CDD) Staff recommends that the County Planning Commission: A. OPEN the public hearing, RECEIVE testimony, and CLOSE the public hearing. B. DENY the appeal by David and Sandra Gerstel. C. FIND that the proposed project is exempt under CEQA Guidelines Section 15303(a). D. APPROVE the Development Plan and Design Review for the construction of a new two-story single-family residence (CDDP24-03060). E. APPROVE the findings in support of the project. F. APPROVE the project conditions of approval. G. DIRECT the Department of Conservation and Development to file a Notice of Exemption with the County Clerk. III. BACKGROUND The development plan and design review application was submitted to the Department of Conservation and Development (DCD) on December 12, 2024. The project was scheduled for a public hearing before the Zoning Administrator on May 19, 2025. At the hearing the Zoning Administrator opened the public hearing and received testimony from the applicant and neighbors. The Zoning Administrator continued the project as a closed public hearing to June 2, 2025, in order to review the public testimony. At the June 2, 2025, hearing, the Zoning Administrator approved the project with a few modifications to the conditions of approval #1 and 2. Revised condition of approval #1 rephrased the verbiage of what aspects of the project were being approved and revised condition of approval #2 rephased the verbiage of what documents the approval was based on. Subsequent the Zoning Administrator’s decision, a letter appealing the decision was County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 3 of 10 timely filed by David and Sandra Gerstel on June 6, 2025. Staff’s analysis and response to the appeal letter is discussed in Section VII (Appeal of Zoning Administrator’s decision) of this Staff Report. IV. GENERAL INFORMATION 1. General Plan: The subject property is located within a Residential Medium Density (RM) General Plan land Use designation. 2. Zoning: The subject property is located within the R-6 Single-Family Residential District (R-6), Kensington Combining District (-K), and Tree Obstruction of Views Combining District (-TOV). 3. California Environmental Quality Act (CEQA) Compliance: The proposed project is exempt under CEQA Guidelines Section 15303(a) – single-family residence. The proposed project will construct one new single-family residence. Therefore, the project is exempt under CEQA Guidelines Section 15303(a) which exempts one single-family residence. 4. Lot Creation: The subject property was created on July 7, 1913, Lot 24, as part of the Berkeley Park Subdivision. 5. Previous Applications: 1) CDSU24-00141: An ADU application to convert the existing single-family residence into an Accessory Dwelling Unit was approved on February 10, 2025. V. SITE/AREA DESCRIPTION Site Description: The subject site is a 5,160-square-foot parcel located within a single-family residential neighborhood in the Kensington area. The subject parcel gains access from, and fronts Colusa Ave to the west. The rectangular shaped parcel is currently occupied with a 1,455-square-foot single-family residence with an attached garage. The existing residence will be converted to an accessory dwelling unit (ADU). The parcel slopes steeply up from Colusa Ave which is at 145 feet above sea level and rises to 163 feet above sea level at the rear. There are no existing trees on the site. Surrounding Land Uses: Surrounding parcels are predominantly rectangular and all County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 4 of 10 contain existing single-family residences. Parcels on the western side of Colusa Ave are located within the City of El Cerrito jurisdiction. Parcels to the north, south and east share the same zoning as the subject property of R-6, -TOV and -K. Properties immediately north, south and east share the General Plan designation of Residential Medium Density (RM) General Plan. Land uses within this neighborhood are predominantly single-family uses and those uses accessory to a single-family dwelling. VI. PROJECT DESCRIPTION The applicant requests approval of a Development Plan and Kensington Design Review for the conversion of the existing single-family residence into an ADU and the construction of a new 1,643-square-foot, two-story single-family residence with an approximately 54-square-foot front covered porch and an approximately 83- square-foot covered second story balcony for a total gross floor area of 1,780- square-feet. The project requires a public hearing because the total gross floor area of all existing and proposed structures on the site is 3,235 square feet, which exceeds the threshold for a hearing of 2,600 square feet. The residence is designed to include two main floors of a conditioned living area and a second story balcony that faces the frontage. There will also be a covered porch over the front door. The conversion of the existing residence to an ADU will be processed ministerially in accordance with the County’s accessory dwelling unit ordinance and is not subject to the discretion of the County and is not subject to the design review or development plan process. VII. APPEAL OF ZONING ADMINISTRATOR’S JUNE 2, 2025, DECISION During the appeal period following approval by the Zoning Administrator, one appeal was received from David and Sandra Gerstel on June 6, 2025. The concerns raised in the appeal letter, and staff’s responses, are summarized as follows: 1. Summary of Appeal Point #1: The Zoning Administrator disregarded the Contra Costa County ADU Ordinance. Staff Response: The project parcel has an approved Accessory Dwelling Unit Permit (ADU) County File #CDSU24-00151. An Accessory Dwelling Unit is required to be permitted ministerially under state law and is not subject to this Development Plan and Design Review permit. In order to obtain an Accessory Dwelling Unit Permit, an application must be filed and reviewed County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 5 of 10 with the County. The Accessory Dwelling Unit proposed under County File #CDSU24-00151 was determined to comply with County Code 82-24.006 in that one internal conversion accessory dwelling unit is a permitted use on any lot in a single-family residential district (R-6). The Zoning Administrator determined that an ADU permit could be issued for the site because the ADU complied with the permitting procedure laid out in County Code 82-24.006. Furthermore, County Code 84-74.604(f) – Exemptions, determines that Accessory dwelling units that are in compliance with Chapter 82-24 – Accessory Dwelling Units, are exempt from the requirements of the Kensington Combining District Ordinance. Therefore, review of the ADU is not applicable to this project. 2. Summary of Appeal Point #2: The appellant expresses concern that the project disregards the Kensington Combining District Ordinance and that the project impacts privacy and property value of 283 Colusa Avenue. Staff Response: The project is subject to the Kensington Combining District Findings which address privacy and property values. The Zoning Administrator approved the project based on the Kensington Combining District Findings. Specifically, the project is designed to minimize impacts on the surrounding neighborhood by exceeding the required development standards of the R-6 Zoning district. The table below shows the proposed project and how the project exceeds the development standards. Most notable, the project is well below the maximum 35’ height with a proposed height of 25.1’. The project exceeds the side, front and rear setback requirements and is subject to sliding scale because the property was created in 1913. Because the project exceeds the setbacks of the Zoning district, privacy in the neighborhood is increased as it prevents houses from being built to close, reduces direct sightlines into neighboring windows, yards and living areas, enhances noise reduction and reduces the visual clutter by creating a more spacious feeling between homes. All of this increases privacy for the neighborhood. Development Standards Proposed Project County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 6 of 10 The project is also designed to not overshadow the neighboring property at 283 Colusa Avenue by mimicking the height of the residence for 283 Colusa Avenue. The applicant has submitted a plan sheet that shows the proposed project will be of similar height to the neighboring house. Sheet A1.0 – Site Section below shows that the project roofline is compatible with 283 Colusa. To address privacy concerns, the applicant has removed the previously proposed rooftop terrace deck from the project. This revision was made in direct response to concerns that the deck would afford direct views into neighboring bedroom and bathroom windows and rear/side yards. The elimination of the rooftop deck significantly reduces potential privacy intrusions and helps address visual and spatial concerns raised by multiple neighbors. County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 7 of 10 INITIAL DESIGN DESIGN TO ADDRESS NEIGHBORS Lastly, improving the site with a new single-family residence that is consistent with the development pattern in the neighborhood including generally meeting the R-6 standards will increase the parcel property value and enhance the existing neighborhood. New homes that meet zoning standards will increase the visual appeal of a neighborhood. As stated in Kensington Combining District Finding #5, construction of the new single-family residence will increase the value of the subject lot and maintain the value of the existing properties in the vicinity. Moreover, the project will increase the housing stock of this area (1 SFR and 1 ADU). The appellant states that the new residence is to large for the area. However Staff has found that the square-footage of the residence is consistent with the area in the below table: Address Size of House Overall, the proposed development is consistent with the neighborhood development pattern. Thus, property values are maintained. 3. Summary of Appeal Point #3: The project sets a bad precedent for the neighborhood by allowing two residential units on one property as there is no similar development pattern in the area and that the project FAR is not County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 8 of 10 consistent with 283 Colusa and the surrounding neighborhood Staff Response: As mentioned in appeal point #1, State Law requires that ADU’s are processed ministerially and therefore are reviewed separately from this Development Plan and Design Review permit. The applicant has obtained an ADU permit from the Department of Conservation and Development which allows them to have one additional residential unit on the property. Moreover, having two residences on one property is a common occurrence in the vicinity of the project. The table below shows the parcel number, configuration of the property and distance from the project site of properties containing two residential units. Parcel Configuration Distance from project In the appeal letter, the appellant states that allowing two residences on a property would be incompatible and that there is no similar development in kind. However, from the table above, it is evident that single-family zoning allows for multiple living units on a site. Moreover, the appellants are property owners where they have established a second residence (CDLP85-2106) which makes the project compatible with the adjacent parcels and surrounding neighborhood. Lastly, the appellant states that because the project exceeds the gross floor area (GFA) threshold for the parcel, the project is incompatible with 283 Colusa and the surrounding neighborhood. County Code 84-74.404(h) defines gross floor to include all horizontal areas of any building and accessory building, accessory dwelling unit, and any covered areas. Therefore, the proposed project GFA is 3,235 square feet, which includes the proposed single-family residence, the existing Accessory Dwelling Unit, existing garage, and storage area adjacent to the garage. County Code 84-74.802(a) requires any proposed development that results in a gross floor area that exceeds the threshold standard to be heard at a public hearing. The proposed gross floor County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 9 of 10 area of 3,235 square feet exceeds the gross floor area threshold standard for this parcel which is 2,600 square feet. Therefore, this project is required to be heard at a public hearing. A project subject to a public hearing will be reviewed in compliance with the standards of consideration under County Code 84-74.1206 which requires all development to be evaluated based on the following factors listed in County Code 84-74.1206: • 84-74.1206(b): In reaching a decision, the zoning administrator shall apply a standard that balances the following factors: (1) recognizing the rights of property owners to improve the value and enjoyment of their property; (2) recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale and design; (3) minimizing impacts upon surrounding neighbors; (4) protecting the value and enjoyment of the neighbors' property; (5) maintaining the community's property values; (6) maximizing the use of existing interior space; and (7) promoting the general welfare, public health, and safety. Balancing of these factors will not result in the prohibition of development that is compatible with the neighborhood with regard to bulk and scale on parcels that have not been developed. Staff evaluated the above seven (7) Kensington Combining District Findings in the Attachment A: Findings and Conditions of Approval. These findings include determining the following factors for approval: • The project allows the property owner to improve their value and enjoyment of the property. • The project is designed to be compatible with the neighborhood in terms of bulk, scale and design in that it meets the R-6 Zoning standards and the size of the new residence is consistent with other surrounding residences. • The project minimizes impacts on surrounding neighbors by again complying with the R-6 Zoning standards in terms of height and setbacks, does not cast shadows onto neighboring properties or disturbs privacy. • The project protects the value and enjoyment of neighbors properties in that the project does not obstruct any views of the San Francisco Bay and does not create privacy concerns by orienting the balcony view points towards the front. • The project maintains the community’s property values because a single- family residence is an allowed use pursuant to the R-6 Zoning Code. County Planning Commission – August 27, 2025 County File #CDDP24-03060 Page 10 of 10 • The project is not subject to the existing interior space as it is a new proposed residence. • The project promotes the general welfare, public health and safety of the area because it is a use that is allowed and will be required to obtain all the necessary permits. A further detailed analysis of each finding is listed in Attachment A; Findings and Conditions of Approval. Therefore, because all criteria for approval stated in Section 84-74.1206 are satisfied for the proposed project as listed in the Findings, the proposed project can be found to be consistent and compatible with the surrounding neighborhood. VIII. CONCLUSION The proposed project is consistent with applicable goals and policies of the General Plan, with the Specific Area Policies of the Kensington area, complies with the Zoning District (R-6) standards and complies with the Kensington Combining District (-K). The project is in an older densely developed neighborhood where the allowance of small side yards are required in order to allow for reasonable construction. Moreover, the applicant has made several changes to the project such as lowering the building height and removing a previously requested rooftop terrace deck in order to address privacy and view concerns. Lastly, parcels with two residential units is a common development occurrence in this area of Kensington. Therefore, Staff recommends that the County Planning Commission deny the appeal and approve County File #CDDP24-03060, based on the attached findings and subject to the attached conditions of approval. Attachments: A. Findings and Conditions of Approval B. Appeal Letter of Zoning Administrator’s Decision C. Zoning Administrator Staff Report dated May 19, 2025 D. Project Plans E. Site Photographs F. Power Point Slides PROPERTY PHOTOS Figure 1Aerial View of Property View from Rear Property Line View from Right Rear Corner Front of Existing Structure at Front of Property Front Sidewalk – Looking to North Front Sidewalk – Looking to South Front of Existing Building at Front Left Corner APPEAL OF A DEVELOPMENT PLAN AND DESIGN REVIEW County File #CDDP24-03060 COUNTY PLANNING COMMISSION August 27, 2025 EVERETT LOUIE, PROJECT PLANNER 1 Background 2 2 ■December 12, 2024– #CDDP24-03060 was submitted to DCD ■May 19, 2025 – Zoning Administrator continued the project as a closed public hearing. ■June 2, 2025 – Zoning Administrator approved the project. ■June 6, 2025– Appeal letter was filed AERIAL VIEW 3 3 General Plan: Residential Medium Density RM) 4 Zoning: 5 R-6 SINGLE-FAMILY RESIDENTIAL DISTRICT TOV TREE OBSTRUCTION OF VIEWS COMBINING DISTRICT K KENSINGTON COMBINING DISTRICT 6 SITE PHOTOS - FRONT 6 SITE PHOTO-REAR 7 General Plan/Zoning Analysis 8 GP: Residential Medium Density (RM) – Primary uses are detached single-family units Zoning: R-6 – Single-Family dwelling is a permitted use. Project Description Development Plan and Design Review (Kensington) ■New 1643-square-foot, two-story single-family residence –54-square-foot covered porch –183-square-foot covered second story balcony facing frontage –The threshold for public hearing is 2,600 gross floor area. The parcel will have 3,235 total gross floor area. 9 PROJECT DRAWINGS 10 Site Plan: 11 ELEVATIONS: 12 RENDERINGS: 1313 Renderings 1414 Renderings California Environmental Quality Act (CEQA) CEQA Guidelines Section 15303(a) – One Single-Family Residence in a residential zone. ■ Project is exempt because it proposes a single-family residence in a R-6 (Residential Zone) 15 Appeal Points (summary) As the basis for their appeal, the appellants mentioned various concerns such as: –Disregard of the Contra Costa County ADU Ordinance –Disregard of Kensington Ordinance –Bad Precedent For The Neighborhood, No Similar Development or FAR 16 Appeal Points ■The ADU is not subject to review under this Development Plan and Design Review. The ADU complies with the County ADU Ordinance ■Kensington Combining District Findings are supported. ■The surrounding neighborhood consists of similar two-unit developments. Project who exceeds GFA must comply with standards listed in 84-74.1206(b) which is supported in Kensington Findings. Disregard of the Contra Costa County ADU Ordinance Disregard of Kensington Ordinance Bad Precedent For The Neighborhood 17 18 Solar Study 18 19 Map of Parcels With Two Residential Units Staff Conclusion ■The project is consistent with the applicable policies/standards of: –County General Plan –Zoning Consistency –Kensington Combining District –Appropriateness of the neighborhood ■The project applicant redesigned the project to address neighborhood concerns. 20 Staff Recommendation Staff recommends that the County Planning Commission: ■DENY the appeal by David and Sandra Gerstel ■APPROVE the project based on the findings and conditions of approval 21 QUESTIONS? 22 1 September 6, 2025 To: Contra Costa County, CA Board of Supervisors From: David and Sandra Gerstel. Owners of 283 Colusa Avenue, Kensington, CA Re: Objections to Proposed Development at 279 Colusa Avenue, Kensington, CA This document summarizes our objections as owners of 283 Colusa Avenue to the construction proposed for 279 Colusa. (This letter is an update of the letter submitted with our application for a hearing with the Board of Supervisors.) Background • Parcel size: 279 Colusa is a small, substandard parcel measuring 40’ x 129’ or 5160 square feet, about1/10 acre. • Zoning: The 200 block of Colusa and the 200 block of Coventry Road, just above Colusa, are zoned for single family residences, most on small substandard lots. • Existing property: one 1455 square foot two-story home: 578 square foot first floor with garage and utility space, 871 square foot second floor (2 bedroom/1 bath). Approximately 19-feet high at the Colusa-facing elevation* . Proposed Development • The applicants propose to build a second, two-story home (1653 square feet, 3 bedroom/ 3 baths) to the rear of the parcel. • Second home includes a sizeable second story balcony not included in the estimated square footage. • The applicants propose to reclassify their existing home as an "internal conversion" ADU. • Gross Floor Area (GFA) of the new and existing home would be 3235 square feet**. • At 1453 square feet, the existing home (proposed “ADU”) would be 89% the size of the proposed new home of 1653 square feet. • **The 3235 number is from Everett Louie at Contra Costa County Planning Commission. Applicants claim a lower number. My calculations are higher. Architect’s drawings do not include exterior dimensions, so it is difficult to know how the applicants figure was arrived at. 2 Overview of Objections If allowed, the proposed construction at 279 Colusa would, by severely congesting the parcel, impose heavily on neighboring properties, violate ADU regulations and set a dangerous and permanent development precedent for the neighborhood and county. Our objections include: 1. Violation of neighbor rights: The project would, in violation of the Kensington Ordinance, compromise privacy, light, views, enjoyment, and property value at 283 Colusa and for surrounding neighbors, 2. Improper ADU classification that violates CC County code: The applicants have attempted to reclassify their full-sized existing home as an ADU in clear violation of County law regarding lot size, lot coverage, and ADU size as well as of internal conversion provisions. 3. Dubious use of ADU internal conversion provisions 4. Excessive lot coverage according to Kensington Combining Ordinance: The combined homes would exceed the floor-area-to-lot ratio standards suggested by the Kensington Combining Ordinance by 30 percent, thereby severely crowding the parcel. 5. Violation of ADU height limits : The existing home exceeds the 16-foot height restriction for ADUs by more than 3 feet. 6. False comparison to 283 Colusa: The applicants repeatedly mis-represent our property as precedent, though our design is significantly smaller, better spaced, well below recommended Ground Floor Area/Parcel Size ratios and is very considerate of neighbors. 7. Bad precedent: Approval would open the door for many nearby substandard lots to crowd in second full-sized, two-story residences. 8. Dubious claims and statements: Both the applicants and the CC County staff have made claims that downplay impacts and ignore compliance failures. 9. Reasonable alternatives exist : The applicants could expand their housing in ways that respect the law, neighborhood precedent, and their neighbors and still provide a new unit of much-needed additional housing in California. 3 Full Explanation of Objections with Specific Citation of Laws 1. Violation of Neighbor Rights The Kensington Planning Ordinance (https://www.contracosta.ca.gov/810/Kensington - Planning-Ordinance) requires that property development not impair neighbors’ rights to privacy, light, views, property value or enjoyment. The proposed project would impair all of those rights . • Privacy: A balcony and multiple new windows (stairwell, laundry room, bathroom) would look directly into the upper bedrooms, front yard, and deck at 283 Colusa. This is not minor. It turns existing private family space into something visible to people a few feet away. • Light: The new two-story structure would cut off access to open sky and natural light in all bedrooms and the baths and kitchen. The Code defines “light” as sky unobstructed by buildings or structure and the proposed project would all but erase such unobstructed views from living areas. • Views: 283 Colusa currently enjoys hillside views from habitable rooms, views the Code explicitly protects. These would be blocked by the proposed new two story home next door. Neighbors on Coventry Road have also expressed concern about loss of views (See their letters at the end of this one). • Enjoyment and Value: It should be obvious that loss of privacy, light, and views will diminish both daily enjoyment and property value of the home at 283 Colusa. In Short: The proposed project does not “balance” development rights with neighbor rights as mandated in the Kensington Planning Ordinance. It advances the applicant’s interests at the direct expense of ours and other neighbors. The fact that the applicants have revised their initial proposal by eliminating some features that would have made it even worse for their neighbors does not mean that balance and fairness is achieved. Actual. balancing, along with providing an additional housing unit, is possible as outlined at the end of this letter. 4 2. Improper ADU Classification and Permitting The attempt to designate the existing 1,455 square foot house as an ADU is not in accordance with ADU regulations for California, Contra Costa County and Kensington. The ADU classification and the permit (under application CDSU24 -00151) granted for that ADU are, therefore, invalid: • LOT SIZE: At 5,160 square feet, the parcel is well under the 6,000 square foot County minimum and roughly half the 10,000 square foot Kensington minimum for a home plus ADU. (lCC County Code 82-24.012 (a) Development Standards: “The minimum size of a lot with a primary dwelling unit and an accessory dwelling unit is 6000 square feet (and) . . . in Kensington is 10,000 square feet). • LOT COVERAGE: The proposed development for 279 Colusa would result in total structural lot coverage of 63%. (3235 square feet / 5160 square feet = .6269 = 63%). That is far over the limit of 40% allowed under the CC County Code: (Ordinance 2017- 25 Accessory Dwelling Units in Kensington and Countywide, Section III, 82-24.012 Development Standards, Item (c) Lot Coverage. (1) “In single-family residential districts, the accessory dwelling unit must not cause the maximum total structural lot coverage to exceed 40%.” • ADU SIZE: The proposed ADU is 1455 square feet and 89% of the primary residence size, far over the limits allowed by law: (CC County Code 82-24.012 (a) Development Standards (b) (1) (D) “An accessory dwelling unit may not exceed the following size… In the Kensington Combining District (-K) 600 square feet or 60 per cent of the floor area of the primary residence, whichever is smaller . . . except on a lot of 10,000 square feet or more.” 3. Dubious Use of Internal Conversion Provisions • CC County Code provides for internal conversions (space within an existing primary residence) into an ADU as follows: 82-24.012 Development Standards, Item (h) (1) If an accessory dwelling unit is attached to a primary residence the accessory dwelling unit must be an internal conversion of a garage or other area within the existing primary residence or an addition . . . • The applicants are not proposing a conversion within their existing primary residence. They are proposing to convert the entire habitable space of that residence to an ADU. 5 But that space cannot simultaneously be a primary residence and an ADU. So what they are attempting is not a “conversion within” but in reality “a conversion of” an existing full size two-story residence into an ADU. • The applicants know their existing full-sized residence is too large, at 1455 square feet, to be classified as an ADU. (CC County Code 82-24.012 (a) Development Standards (b) (1) (D) “An accessory dwelling unit may not exceed the following size… In the Kensington Combining District (-K) 600 square feet . . . ) The applicants have attempted to sidestep that limitation on size by claiming the 578 square foot lower level of their existing house is no longer to be regarded as part of the existing house but somehow as part of the new primary residence they propose to build. However , the lower level of the existing house will not be physically connected to their new house and its entrance is 50 feet or so from the new primary residence. Such manipulation is not provided for in any of the laws governing ADU development. • Even if their segmenting of the existing residence were sanctioned, the ADU the applicants propose would, at 871 square feet, be far bigger than the maximum size allowed for in the County Code cited above. • In summary: What the applicants are proposing to deliver is not a primary residence with an internal conversion ADU. They are proposing to build an entirely new primary residence no part of which will be an ADU while converting an existing full-sized residence into an ADU. To emphasize, they are not proposing an internal conversion WITHIN an existing residence but a conversion OF an existing residence into an ADU while they crowd an entirely new primary residence on the same property. 4. Excessive Lot Coverage According to Kensington Ordinance The Kensington Ordinance limits gross floor area to 0.5 of lot size. The proposed project is roughly 30 percent over this limit. The front wall of the new structure and the back wall of the existing structure would be only 8 feet apart while only four feet would separate the entry stairs to the new house from the back wall of the existing house. The result would be two bulky structures creating unprecedented crowding in the neighborhood. 5. Violation of ADU Height Limits The County Code caps ADU height at 16 feet. The existing residence is over 19 feet tall. This violation is plain and measurable as shown on page 10 of this letter. 6 6. False Comparison to 283 Colusa. The applicants repeatedly claim their project mirrors ours at 283 Colusa. That is simply not true. • Our small above-garage studio and rear-yard main home total 16 percent under the maximum floor-area ratio. The applicants would be 30 percent over. • Our buildings are separated by 36 feet. Theirs would be jammed together with 8 feet of separation between walls (and four feet at the entryway steps). • We provide two garages and two off-street parking spaces. They provide only one driveway space total for five bedrooms and four bathrooms of housing. • The 283 property involved removal of a severely rotted, rat invested, and dilapidated home which had not been lived in for many years. Neighbors were happy to see it removed and the design of the new buildings was approved by them after much discussion. In contrast, I never heard about the 279 project until they had submitted plans and the first KMAC meeting was scheduled. 7. Bad Precedent • If this project is approved, many similar substandard lots on Colusa and Coventry could follow the same playbook: declare an existing home to be an ADU and pack in two full- sized, two-story homes onto a tiny lot. • The applicants’ architect dismissed concern about precedent as “fearmongering” because, he said, the 279 lot is unique. That is inaccurate. A quick review of parcel maps shows many lots of closely similar size and width. With modest clearing, these, too, could accommodate second houses if the existing and new house were jammed together as is proposed for 279 Colusa. 8. Dubious Claims and Statements • By the Applicants: They present the removal of a rooftop deck as a “major compromise.” In truth, the deck was an unreasonable design that would have invaded neighbors’ privacy, and its removal was inevitable. At the same time that they removed the deck, the applicants raised the house by 1.33 feet, increasing bulk and further reducing our light and views. • By Staff: Staff claim there are a significant number of two-residence parcels nearby. A look at Google Maps shows only a very few across a large area. And those that exist are 7 not nearly so jammed together as proposed here. Staff also overlooked that the “ADU” exceeds size, height, lot size and lot coverage limits. Staff also did not explain why the ADU permit was approved explicitly for only the top floor of the existing home (871 square feet) without mention of the bottom floor (578 square feet). What is the ordinance-based defense for eliminating the entire bottom floor of the existing home (now the “ADU”) from the approved permit and from the official County record? In reality, the “ADU” remains a full-sized, two-story home but appears, on the record, to be single story 871-square foot ADU. • By Planning Commission Member Mr. Wright: He declared that he supported the proposed construction because he believes that property owners should be allowed to build on their property as they wish. He went on to say that the 279 project should be allowed because it was “practical” and “preferred” – i.e for and by the applicants. He made no reference at all to the requirement to balance their interests with those of neighbors nor to the laws governing development in CC County. • Others too numerous to list here. 9. Reasonable Alternatives Exist The applicants' goal of a larger home for their family can be achieved without upending the rules. • They could build a compliant, single story ADU in the backyard and expand their existing home with a single-story extension or add an additional story above the living areas. With a low-pitch roof, an additional story on the front (existing) property would be far less intrusive on neighbors’ views than the bulky new residence proposed for construction. We would support such reasonable development. • Downsizing the proposed new house is also an option. We suggested this directly during KMAC and at the Planning Commission hearings, but the applicants refused to discuss Conclusion By crowding two full-sized homes onto a substandard lot, the applicants’ proposal violates code protections, harms us and other neighbors and sets a precedent for further over-building. 8 We respectfully urge denial of the proposed project and hope you will support us in encouraging the applicants to pursue alternatives that meet their needs without undermining ours and the interests of the wider community. Thank you, David and Sandra Gerstel Owners of 283 Colusa Avenue dg@davidgerstel.com 510-524-1039 9 Project Site Map 279 Colusa Avenue, Kensington CA 10 Height Calculations 279 Colusa Avenue – Existing Home 1. 14 steps from grade (bottom of garage door and bottom of steps) to the upper landing equals 8’+. 2. The doorway including threshold and header trim is 7.5’. 3. From the top of the trim to the top of the roof parapet wall is 4’+/- 4. Total of 8’, 7.5’ & 4’ = 19.5’ Please note: I asked the owners of 279 Colusa if I could come into their yard and onto their front steps for 3 to 5 minutes to make exact measurements. They declined to let me do so. 11 Letters From Other Neighbors of 279 Colusa ____________________________________________________________ September 4, 2025 Dear Board of Supervisors for Contra Costa County, As the resident of 283 Colusa since 2022, the likely next owner of the property, and a former architect/planner with 36 years of residency in the Kensington/North Berkeley neighborhoods, I am writing in strong opposition to the proposed development at 279 Colusa. A second full-sized, two-story home on that small parcel would block light to our kitchen, bedroom, and bathroom, expose private living spaces to direct view, and erase outdoor privacy. Beyond the personal impact, it would set a damaging precedent by ignoring both ADU law and the Kensington Planning Ordinance. Allowing a project 30% over the GFA threshold, when no such precedent exists (ours has similar specs but is 16% under GFA), undermines the protections meant to ensure fairness across our community. This single decision could set a precedent that shapes neighborhood development for decades to come—without proper community input and outside the established planning channels meant to guide such choices. One family’s personal desire to have maximum space for their own needs should not have this power over our entire community’s future. Despite careful, code-based objections, and a respectful, collaborative approach, neighbors opposing this project have been dismissed as “fearmongering.” We do not oppose building; we oppose reckless disregard for established limits. Reasonable development is possible, but it must align with neighborhood norms —rear, single-story expansions, modest ADUs, and preservation of privacy and open space. 12 I urge you to reject this project unless a full, more acceptable re-design is submitted. Sincerely, Julia Raina 283-A Colusa Avenue, Kensington 510 -463-1474 julialucia@me.co ______________________________________ From Cassandra Duggan: Dear Mr. Louie, Supervisor Gioia, and Mr. Rogers, I am an elected Director on the Kensington Police Protection and Community Service DistrictBoard. I live within half a block of the above proposed construction. Like many of my neighbors, I I’m very afraid that this project, if approved, will set a precedent that Kensingtonians may be unable to counteract, and soon lots all over Kensington will be overcrowded with two full-sized houses. I’m shocked and dismayed that this project has gottenyour approval so far. While having a small ADU behind a home is common in Kensington, there are very few lots where two full-sized houses have been approved to be built. I’m not sure why.you would want to be involved in setting this precedent. It could change the character of Kensington and nearby areas forever. Yes, we need housing, but let’s protect our current quality of life. Adding a 2-room ADU behind a home is very different from shoehorning two large homes onto a small lot. In the East Bay, we enjoy a connection with nature that is rarely achieved in our overcrowded neighboring cities like San Francisco, the central part of Oakland, and Richmond. It’s wonderfulfor children to grow up in a place where there’s room for trees, 13 plants, and grass to play on. I grew up in a crowded city in West Germany, and my family had only a few planter boxes for our connection to nature - no grass or trees nearby. It was depressing and alienating. I’d like you to consider the effect of cramming two large homes onto all of Kensington’s (or Berkeley’s, or El Cerrito’s) small lots. That would limit our access to sunshine, oxygen, greenery and views. It’s unnecessary and it’s foolish. Furthermore, the way in which this architect and family are disingenuously trying to rename thefull-size house in the front of the property “an ADU” is shameless doublespeak. It is not anADU. It is a full-sized house, with an attached garage. Let’s not reward this attempt at trickery. I plan to attend the hearing on August 27. Please do not approve this project. Thank you for your service to the people of Contra Costa. Cassandra Duggan, LCSW Director Kensington Police Protection and Community Service District Board ______________________________________ May 16, 2025 From: Robert Valletta and Ellen Hanak Valletta, Owners of 272 Coventry Rd, Kensington, CA To: Contra Costa County Zoning Administrator (planninghearing@dcd.cccounty.us) Re: Applicants’ proposed construction of new home at 279 Colusa Avenue ______________________________________________________________________ We wish to express our significant concerns about the proposed construction of a large new home in the back yard of 279 Colusa Ave. 14 The proposed 2-story structure would require a variance because it greatly exceeds the size guidelines in the Kensington Ordinance on residential structures. It is bulky and would significantly reduce the privacy and sunlight for neighboring residences. It would also set a very bad precedent for other homes along the 200 block of Colusa, including the home directly adjacent to our home at 272 Coventry. Such large structures would severely impair the livability and market value of existing homes in the vicinity. We welcome efforts to address California’s housing shortage by using existing residential lots more efficiently. However, this proposed structure achieves that by harming the neighbors. We wouldsupport a smaller structure that conforms to the Kensington Ordinance’s stipulation that propertyowners ‘rights to develop their property be balanced with the need to minimize impacts on surrounding neighbors, including with respect to visual impact, privacy, view, sunlight,neighborhood character, and parking. Thank you for your consideration of our concerns. Sincerely, Robert Valletta and Ellen Hanak Valletta 272 Coventry Road, Kensington, CA 94707 415-939-7472 robvellenh@gmail.com ______________________________________ May 16, 2025 From: Gokul Konduru 264 Coventry Road Kensington, CA 94707 To: Contra Costa County Zoning Administrator Re: Concerns Regarding Proposed Construction at 279 Colusa Avenue Dear Zoning Administrator, I am writing to raise concerns about the proposed development at 279 Colusa Avenue. While I support thoughtful home improvements and the addition of appropriately scaled ADUs, the current proposal for a large two-story rear structure poses significant problems for nearby residents, including myself. Primary Concerns 15 1. Incompatible with Neighborhood Character The proposed second structure is far larger than typical rear yard developments on the 200 block of Colusa. Approving it would set a precedent for oversized constructions that could lead to overdevelopment and negatively impact the residential character of both Colusa and Coventry Road, which runs directly behind. 2. Loss of Privacy and Openness The design includes a second-story balcony and window that overlook adjacent properties, including rear and front yards. This raises serious privacy concerns. Additionally, the structure’s bulk will obstruct views and diminish the open, airy feel of the neighborhood. 3. Potential Misuse of ADU Regulations It appears the applicants are reallocating the garage and storage areas from the front unit to the new structure in order to classify the existing home as an ADU. This seems like an attempt to bypass square footage limits in a way that may not align with the intent of local or state ADU guidelines. 4. Lack of Meaningful Compromise Although the applicants removed a rooftop deck from the original proposal, the remaining design still imposes significant impacts. Removing an excessive feature in response to neighbor objections should not be portrayed as a major concession when the core issues remain unresolved. Request for Reconsideration I respectfully urge the Zoning Administrator to require the applicants to revise their plans in a way that better balances their goals with the needs and concerns of neighbors. A more appropriately scaled structure could still meet their family’s needs without compromising privacy, sunlight, parking, and the character of our community. Kensington’s ordinances are meant to encourage responsible development while protecting the interests of existing residents. Allowing this proposal to move forward as-is would undermine that balance. Thank you for your time and consideration. Sincerely, Gokul Konduru & Bhakti Nevgi 264 Coventry Road Kensington, CA 94707 ______________________________________ From Owner of 280 Coventry TO: Zoning Administration. Thursday, May 5, 2925 16 I’m writing this email to briefly discuss the proposed new home (ADU) project at 279 Colusa because unfortunately I won’t be able to attend the 1:30PM ZA meeting time on 5/19/25. I am the owner of the property at 280 Coventry which is behind and diagonally to the north of 279Colusa. My property at 280 Coventry has sweeping views of San Francisco and the bay to the south, Albany hill to the southwest, and the north bay to the west. The views are a big reason we purchased this property and are a significant portion of its property value. The project at 279 Colusa is proposing to build a two -story ADU which I believe will likely reduce or eliminate a portion of the view we have toward the north bay which is in the westerly direction from our property. Although story poles were erected at 279 Colusa during the KMAC review process, because the project was not required to implement them via a licensed installer it’s not clear to me that they were installed correctly and any observations made about the impact to the views from 280 Coventry would just be an estimate. If the views from my property at 280 Coventry are impacted by this project, the value of my property would be reduced. Finally, I also want to state that I support and agree with the points made by David Gerstel in his letter to you for this meeting. In that letter David supports having a smaller single -story ADU unit built at 279 Colusa, and I agree with that recommendation. Thank you for your time and consideration. Rick Spero Owner of 280 Coventry Rd, Kensington Page 13 of 13 APPEAL OF A DEVELOPMENT PLAN AND KENSINGTON DESIGN REVIEW County File #CDDP24-03060 BOARD OF SUPERVISORS OCTOBER 21, 2025 EVERETT LOUIE, PROJECT PLANNER CONTACT: EVERETT.LOUIE@DCD.CCCCOUNTY.US 925-655-2873 1 Key Project Information ■Construct new 1,643 square foot, two-story residence on back half of property.Including covered porch and balcony, total gross floor area would be 1,780 square feet. ■Convert a portion of existing two-story residence into accessory dwelling unit (ministerial ADU). ■Gross square footage (existing residence + new residence) is 3,235 square feet, exceeding the hearing threshold for the parcel (2,600 sq. ft.) per Kensington Combining District (-K) ordinance. ■Proposed new residence conforms with all R-6 zoning standards. 2 Address: 279 Colusa Ave Kensington General Plan: Residential Medium-Density (RM) Previously Single- Family, High- Density (SH) Zoning: R-6; -K, -TOV 3 3 SITE PHOTOS - FRONT 4 4 SITE PHOTO-REAR 5 Existing Site Plan Proposed 6 ELEVATIONS 7 Photo Simulations RENDERINGS: 8 8 Photo simulation of view impacts 9 9 Appeal 10 ■Development Plan application was approved by the Zoning Administrator on June 2, 2025. That decision was appealed by David and Sandra Gerstel and heard by the County Planning Commission on August 27, 2025, where the Planning Commission denied the appeal and approved the project with a 4-2 vote. ■Appeal of Planning Commission’s decision submitted by David and Sandra Gerstel received on September 5, 2025. ■A copy of the appeal letter is attached to the report (Attachment C). ■The appeal and complete staff responses can be found in the report to the Board. Summary of Appeal 11 ■Conversion of existing residence is not consistent with the intent of the Kensington Combining District (-K) and County ADU ordinance. ■Project is incompatible with surrounding neighborhood. ■Staff has provided complete responses to the appeal points in the report to the Board and has determined that the project is consistent with the Kensington ordinance, the R-6 zoning and the County ADU ordinance and should be approved as recommended by staff. Conclusion 12 ■The project is consistent with the applicable policies the County General Plan including the Residential Medium (RM) Land Use Designation. ■The project conforms to the zoning standards of the Kensington Combining District (-K), the R-6 zoning district and the County Accessory Dwelling Unit (ADU) ordinance. ■The project is consistent with the neighborhood and surrounding land uses. Staff Recommendation 13 ■DENY the appeal by David and Sandra Gerstel ■APPROVE the project as proposed based on the findings and subject to the provided conditions of approval QUESTIONS? 14 FINDINGS AND CONDITIONS OF APPROVAL – COUNTY FILE #CDDP24-03060, THOMAS BIGGS (APPLICANT) & ROBEL ASEFAW (OWNER) AS APPROVED BY THE BOARD OF SUPERVISORS ON OCTOBER 21, 2025 FINDINGS A. Kensington Combining District Findings Kensington Combining District (-K) requires the project to satisfy seven criteria to be approved: 1. Recognizing the rights of property owners to improve the value and enjoyment of their property. Project Finding: The project is to construct a new single-family residence. The new single-family residence is on a parcel where the GFA exceeds the threshold because of the size of the existing accessory dwelling unit. The 1,643-square-foot residence will not be excessively larger than other dwellings in the neighborhood and would not deprive surrounding properties of views, privacy, natural light or parking. The construction of a new residence will increase the value of the property because it would allow an accessory dwelling unit and a new single-family residence to reside on the same lot, further increasing the property value of the site. This allows the property owners to enjoy the lot. Moreover, many properties in the Kensington area contain both accessory dwelling units and single-family homes. The project allows the owner of this property to utilize their property similar to that which has been enjoyed by nearby neighbors who also have two living units on their properties. 2. Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale and design. Project Finding: The residence is to be constructed on a lot with a large upslope away from the street frontage. The development footprint of the residence will comply with all applicable setback requirements of the R-6 Zoning District. While the lot isn’t vacant, the project is designed in a comparable height to nearby structures, has a similar roof shape that is a sloped gable roof which matches the low-sloping gables of the neighborhood and will utilize wood siding which is consistent with exterior materials of surrounding homes. Views from homes along Coventry Road directly behind the project will not be impacted because the building height of the residence is 25.1’ and does not exceed the height limits of 35’. The bulk of the residence will be 1,643-square-foot of conditioned space which Board of Supervisors – October 21, 2025 County File #CDDP24-03060 Page 2 of 7 is compatible with other residences in the neighborhood in that homes along Colusa Ave range in size from 1,000 sq ft to over 2,557 square feet. 3. Minimizing impacts upon surrounding neighbors. Project Finding: The new residence is located towards the rear of the lot and meets all R-6 setback standards. The total height of the residence will be 25.1’ which is well below the maximum building height of 35’. Additionally, the project design includes a gable roof form which allows the building to be low at the sides and thus, allow for more sunlight access to any surrounding neighbors. In order to maintain privacy, the windows along the side exterior are minimized and narrow to respect neighbors privacy. The project has no design aspect that would violate privacy views into neighboring properties. The project parcel currently has an existing garage that will provide the 1 off-street parking space required. Moreover, the residence will be constructed at the rear of the parcel, therefore, construction noise and impacts will be limited and will be screened from view from the frontage. The design of the second story roof line has been pulled back which creates a more stepped-back appearance at the upper level, helping to break up the building’s vertical and horizontal scale. Therefore, the project is not expected to have significant impacts to adjacent neighbors with respects to privacy. The applicant provided a shadow study and the study determined that new house will cast a small shadow on the property to the north for a few hours and will not cast a shadow on the property to the south. Therefore, the project minimizes impacts upon surrounding neighbors. 4. Protecting the value and enjoyment of the neighbors’ property. Project Finding: The project does not obstruct any views, predominantly of the San Francisco Bay, from surrounding vantage points. The project does not create any privacy concerns as the second story balcony is orientated away from any properties. Additionally, it does not substantially decrease access to sunlight for any surrounding properties, due to its siting and how great the elevation increase is from the subject parcel to the parcel directly behind it. The project will not infringe upon existing street parking as the project parcel has an existing garage that will be utilized. Moreover, a shadow study provided shows that the project will have a minimal impact on the parcel directly north and no impact on the parcel directly south. Thus, the project will protect the value and enjoyment of the neighbor’s property. Board of Supervisors – October 21, 2025 County File #CDDP24-03060 Page 3 of 7 5. Maintaining the community’s property values. Project Finding: The project is to construct a new single-family residence that generally complies with the R-6 zoning code standards and is consistent with the development pattern of the area. The construction of the new single-family residence will increase the value of the subject lot and maintain the values of the existing properties in the vicinity because a new single-family residence is an allowed use pursuant to the R-6 Zoning code. Moreover, the project will increase the housing stock of this area (1 SFR and 1 ADU). Property tax values will go up for this property and the area in general as residential appraisals will increase due to the new house. 6. Maximizing the use of existing interior space. Project Finding: The existing residence will be converted into an accessory dwelling unit. The project is to construct a new residence, thus, there is no existing space and thus, this criteria does not apply to the project. 7. Promoting the general welfare, public health, and safety. Project Finding: The project does not change the land use of the subject property and, as described earlier, is not expected to impact surrounding properties. The new development improves the value of the neighboring properties as the construction of a new house will increase property values of the area and will increase the housing units in the area, thereby helping to address the housing shortage in the County. The project does not include hazardous substances beyond what is normal for a residential property. The project is required to comply with all applicable building and fire codes. Based on the foregoing reasons, the project will maintain the general welfare, public health, and safety of the Kensington community. B. California Environmental Quality Act (CEQA) Findings The project is exempt under CEQA Guidelines Section 15301(a) – New Construction of one single-family residence. The project is to construct a new single-family residence. Therefore, it qualifies for the CEQA Guidelines Section 15301(a). Board of Supervisors – October 21, 2025 County File #CDDP24-03060 Page 4 of 7 CONDITIONS OF APPROVAL FOR COUNTY FILE #CDDP24-03060 Project Approval Development Plan for a Kensington Design Review 1. Development Plan and Design Review Approval is granted to allow for the construction of a new approximately 1,643-square-foot, two-story single family residence. 2. The Development Plan and Design Review approval described above are granted based on or as generally shown on the following documents:  The application received by the Department of Conservation and Development, Community Development Division (CDD) on December 12, 2024;  Revised plans received on March 31, 2025. 3. Any change from the approved plans shall require review and approval by the CDD and may require the filing of an application to modify this Development Plan. Payment of Fees 4. This Development Plan Permit application is subject to an initial application deposit of $3,000.00, which was paid with the application submittal, plus time and materials 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 2019/553, where a fee payment is over 60 days past due, the Department o f 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. Board of Supervisors – October 21, 2025 County File #CDDP24-03060 Page 5 of 7 Development Conditions 5. Any vegetation planted along the southern property line shall be lower then the height of the existing fence and shall be maintained in an orderly fashion to not exceed the height of the existing fence. 6. Prior to CDD-stamp approval of plans for the issuance of a building or grading permit, whichever occurs first, the applicant shall provide to CDD an architectural plan set that shows the following revisions:  All eaves shall be reduced from 12” to 8” on both sides of the house.  The roof rake over the porch area shall be reduced from 3’7” to 1’2”.  The second story roof terrace deck shall be reduced in length by 4’8” and shall not be over the porch which shall be reduced from 6’8” to 4’8”.  The screen wall of the second story roof terrace deck shall be moved inward to match the new railing line.  All bathroom and laundry room windows shall have textured glass.  All side windows on the second floor shall be raised from 80” to 90” from finished floor.  Structure to have a light exterior finish.  Reduce the width of the home by 9” from submitted plan. 7. Prior to CDD-stamp approval of plans for the issuance of a building or grading permit, whichever occurs first, the applicant shall provide to CDD a revised site plan that shows the placement of the residence to have a 4’3” side yard setback from 275 Colusa Ave and increase the side yard setback from 283 Colusa Ave from 10’-9” to at least 12’-3” and shall reduce the overall width of the single- family residence by 9”. Construction Period Restrictions and Requirements All construction activity shall comply with the following restrictions, which shall be included in the construction drawings. 8. The applicant and his contractor shall make a good faith effort to park any construction related vehicles on the project driveway and existing asphalt parking area at the front of the parcel. Board of Supervisors – October 21, 2025 County File #CDDP24-03060 Page 6 of 7 9. 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. 10. 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 as far away from existing residences as possible. 11. 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 Federal and State holidays. 12. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 13. A publicly visible sign shall be posted on the property with the telephone number and person to contact regarding construction-related complaints. This person shall respond and take corrective action within 24 hours. The CDD ph one number shall also be visible to ensure compliance with applicable regulations. 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) Board of Supervisors – October 21, 2025 County File #CDDP24-03060 Page 7 of 7 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 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  East Bay Municipal Utility District  Stege Sanitary District  Kensington Fire Protection District 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4444 Name: Status:Type:Discussion Item Passed File created:In control:9/15/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:CONSIDER adopting the proposed 2026 meeting schedule for the Contra Costa County Board of Supervisors, including the cancellation of those meetings at which it is anticipated that there will not be a quorum of Board members present, as well as noting the dates for the specific events planned for the year. (Monica Nino, County Administrator) Attachments:1. BOS Schedule 2026 DRAFT, 2. BOS Schedule 2026 FINAL Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass 5:0 To:Board of Supervisors From:Monica Nino, County Administrator Report Title:2026 Meeting Schedule for the Contra Costa County Board of Supervisors ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT the attached proposed 2026 meeting schedule for the Contra Costa County Board of Supervisors, including the cancellation of those meetings at which it is anticipated there will not be a quorum of Board members present, as well as noting the following scheduled special events: the Board's Annual Reorganization on January 13; the Dr. Martin Luther King, Jr. Celebration on January 20; the annual Board retreat on February 3; International Women’s Day on March 3; the Cesar Chavez Commemorative Celebration on March 31; Asian American and Pacific Islander Heritage Month Celebration on May 12, Annual Budget Hearings and Adoption on April 28 and May 19, respectively; a 9-11 Day of Remembrance on September 15; and the Veterans Day Recognition on November 3. FISCAL IMPACT: None BACKGROUND: Each year the Board of Supervisors adopts a meeting schedule that designates regular meeting dates and any dates on which meetings must be canceled in anticipation that a quorum of the Board will not be present. The proposed 2026 meeting schedule, attached, has been prepared in consultation with the incoming Board Chair, Fire Chief and the Housing Authority Executive Director. The schedule provides 25 meetings for the Contra Costa County Board of Supervisors, 12 meetings for the Contra Costa County Fire Protection District Board of Directors and 5 meetings for the Housing Authority of Contra Costa Board of Commissioners. The Fire District and Housing Authority will take independent action to adopt their meeting schedules. CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 2 powered by Legistar™ File #:25-4444,Version:1 The proposed schedule includes a cancellation of 27 Board of Supervisors meetings. As in past years, we are recommending that the Board cancel those meetings that occur during a week with a county holiday, the fifth Tuesday of a month, and Tuesdays that fall during those weeks in which the annual policy and legislative meetings of the National Association of Counties (NACo) and the California State Association of Counties (CSAC) are held: Conference Dates Location NACo Legislative Conference February 21-24Washington, D.C. CSAC Legislative Conference April 17-19 Sacramento, CA NACo Annual Conference July 17-20 New Orleans, LA CSAC Annual Meeting Nov 30-Dec 4 San Diego, CA Several seasonal breaks have also been designated in the Board's meeting schedule, in recognition of both time away needed for vacations and time demands on the Board members due to their participation on Board standing committees, and regional and local legislative bodies and task forces. Since each of these require individual preparation, attendance, and travel, we are recommending seasonal breaks to accommodate these needs. Should it be necessary, there are legal provisions to schedule a special meeting to address any urgent need that cannot be accommodated in the standing meeting schedule. CONSEQUENCE OF NEGATIVE ACTION: Early adoption of a meeting schedule enables staff to effectively plan and manage the Board's calendar and obtain the necessary authority to conduct the County's daily business. To the extent that the Board does not adopt a new year meeting schedule, staff will be hindered in these efforts. CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 2 powered by Legistar™ BOARD OF SUPERVISORS MEETING SCHEDULE CALENDAR YEAR 2026 MEETING MEET OR HOUSIN DATES O MEETIN AUTHORIT SPECIAL EVENT (Tuesdays)CCCFPD Jan 06 No Meeting Jan 13 Meet Reorganization Meeting Jan 20 Meet FIRE Dr. Martin Luther King, Jr. Celebration Jan 27 No Meeting Feb 03 Meet Board Retreat Feb 10 Meet FIRE Sheriff Oversight Repor Feb 17 No Meeting President's Da Feb 24 No Meeting NACo Leg Conference, February 21-24, Washington, D.C. Mar 03 Meet International Women's Da Mar 10 No Meeting Mar 17 Meet HA/FIRE Service Awards Mar 24 No Meeting Mar 31 Meet Cesar Chavez Celebration Apr 07 No Meeting Spring Brea Apr 14 Meet FIRE Apr 21 No Meeting CSAC Legislative Conf. April 17-19, Sacramento Apr 28 Meet Budget Hearings (tentative April 27 & 28) May 05 No Meeting Ma 12 Meet HA/FIRE Asian American and Pacific Islander Heritage Month Celebration Ma 19 Meet Budget Adoption & Sheriff Oversight Repor May 26 No Meeting Memorial Day Jun 02 No Meeting Jun 09 Meet FIRE Jun 16 No Meeting Juneteenth Holida Jun 23 Meet Jun 30 No Meeting Independence Day Holida Jul 07 Meet HA/FIRE Service Awards Jul 14 Meet Jul 21 No Meeting Summer Break/ NACo Annual Conf, July 17-20, New Orleans, La. Jul 28 No Meeting Summer Brea Aug 04 No Meeting Summer Brea Au 11 Meet Aug 18 No Meeting Au 25 Meet FIRE Truth Forum Sep 01 No Meeting Labor Day Holida Sep 08 Meet Service Awards Sep 15 Meet HA/FIRE September 11 Remembrance/Sheriff Oversight Repor Sep 22 No meeting Sep 29 No Meeting Oct 06 Meet FIRE Oct 13 No Meeting Oct 20 Meet Oct 27 No Meeting Nov 03 Meet FIRE Veterans Day Recognition Nov 10 No Meeting Nov 17 Meet Nov 24 No Meeting Thanksgiving Holida Dec 01 No Meeting CSAC Annual Meeting, Nov 30-Dec 4, San Diego Dec 08 Meet HA/FIRE Dec 15 Meet Dec 22 No Meeting Christmas Dec 29 No Meeting DRA F T 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4445 Name: Status:Type:Discussion Item Passed File created:In control:4/14/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:CONSIDER accepting the monthly update on the activities and oversight of the County's Head Start Program and provide guidance; APPROVE and AUTHORIZE the Employment and Human Services Department to submit a carryover application to Office of Head Start (100% Federal); APPROVE the FY25-26 Head Start Planning Calendar; and ACCEPT the FY24-25 Self-Assessment Report. (Marla Stuart, Employment and Human Services Director) Attachments:1. October 2025 BOS Early Childhood Education Update, 2. 1. FY25-26 Head Start Planning Calendar, 3. 2. 2025 Head Start Self-Assessment Report, 4. 3. ACF-OHS-IM-25-05 Fiscal Year 2026 Monitoring Process for Head Start Recipients, 5. 4. ACF-OHS-IM-25-06 Addressing Vacant Slots Due to Chronic Absenteeism in Head Start Programs, 6. 5. CCB-25-22 Utilization of Contract Dollars for Legal Fees, 7. 6. CCB-25-23 FY25-26 Child Care and Development Budget Overview and Guidance, 8. 7. CCB-25-24 Continuation of Reimbursement Based on Enrollment, 9. 8. New HSPPS Compliance Timeline and Analysis Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass 5:0 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Update on Head Start Programs and Oversight ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: CONSIDER accepting the monthly update on the activities and oversight of the County's Head Start Program and provide guidance; and APPROVE and AUTHORIZE EHSD to submit a carryover application to Office of Head Start (100% Federal); APPROVE the FY25-26 Head Start Planning Calendar; and ACCEPT the FY24-25 Self-Assessment Report, as recommended by the Employment and Human Services Director. FISCAL IMPACT: The carryover application would provide an additional $4,098,061 in funding to the FY25-26 Head Start grant budget. CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 2 powered by Legistar™ File #:25-4445,Version:1 BACKGROUND: Per Board Resolution No. 2023/274, the Board receives monthly updates on and provides guidance related to the activities of the Head Start program. This is the October 2025 update. CONSEQUENCE OF NEGATIVE ACTION: The County will not be in compliance with Head Start program requirements, which may jeopardize funding and successful 2024-2029 grant implementation. CHILDREN’S IMPACT STATEMENT: The services provided under this contract support all five of Contra Costa County's community outcomes: (1)"Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families". CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 2 powered by Legistar™ October 21, 2025 Marla Stuart, MSW, PhD, EHSD Director and Head Start Executive Director MJ Robb, Community Services Bureau Interim Director, Head Start Director info@ehsd.cccounty.us | (925) 608-4800 Early Childhood Education Program Update 1 Outline CCC EHSD ECE Program Update 10/21/25 2 Topic Federal Head Start State Child Care Federal Environment Updates To date Child Care Center Services Aug-Sep 2025 Aug-Sep 2025 Policy Council Actions Sep 2025 Budget Aug 2025 Aug 2025 Monitoring Aug-Sep 2025 Aug-Sep 2025 Official Funder Communication Sep 2025 Sep 2025 Recommendation ✓ Appendices For Information •Federal Environment Updates •Child Care Center Services •Policy Council Actions •Budget •Monitoring •Official Funder Communication •Recommendation •Appendices 3 Federal Environment Updates Sources of Information 1.Project 2025 2.Executive Orders 3.Federal Department Actions 4.Congressional Actions 4 Categories of Impact 1.Potential Funding Reduction 2.Potential Funding Increase 3.Changes to Program Regulations 4.Change that may Impact Customers 5.Change that may Impact Contracts with Partners CCC EHSD ECE Program Update 10/21/25 •Federal Environment Updates •Child Care Center Services •Policy Council Actions •Budget •Monitoring •Official Funder Communication •Recommendation •Appendices 5 Center Enrollment Rates 6 Current Slot Allotments: •Federal Slots (Head Start) = 1,201 (1,197 filled slots as of September 2025) •State Slots (CDE and CDSS) = 764 (671 filled slots as of September 2025) •Total Unique Slots = 1,345 (1,302 filled slots as of September 2025) Current Enrollment Requirements: •Federally Funded = 97% slots filled •State Funded = Currently “hold harmless” meaning no penalties for not filling all slots. When “hold harmless” ends in June 2026, we will no longer be funded for unfilled slots. CCC EHSD ECE Program Update 10/21/25 Center Attendance Rates 7 CCC EHSD ECE Program Update 10/21/25 Average Center Meals & Snacks Per Day 8 CCC EHSD ECE Program Update 10/21/25 OHS Funding for Nutrition & Healthy Eating Requested Funding Amount:$428,550 Timeframe:September 2025 –June 2026 Application Submitted: August 22, 2025 Key Purchases & Activities For Centers For Families 1. Developmentally appropriate food service materials 6. Newborn baby kits 2. Upgraded appliances, including in classroom refrigerators 7. Healthy eating kits 3. Safe bottle-feeding supplies for centers 8. Food pantry services 4. Gardening kits for centers 9. Gross motor skills materials 5. Nutrition Train the Trainer program 10. Cooking demonstrations 11. Healthy food at site events for parents CCC EHSD ECE Program Update 10/21/25 UPDATE:Not funded initial awards issued September 23, 2023. Remains in consideration for future funding. 9 Children Served in Child Care Covid Began CCC EHSD ECE Program Update 10/21/25 10 FY25-26 Head Start Planning Calendar Federal Requirements: Head Start Act (HSA) 640(g)(1)(D); Head Start Program Performance Standards (HSPPS) 1302.11(b), 1302.102(d)(2) EHSD Implementation: Annual Head Start Program Planning Calendar Sample: 11 CCC EHSD ECE Program Update 10/21/25 1. FY25-26 Head Start Planning Calendar •Federal Environment Updates •Child Care Center Services •Policy Council Actions •Budget •Monitoring •Official Funder Communication •Recommendation •Appendices 12 September 2025 Policy Council Actions The Head Start Policy Council convened on September 24, 2025. Key actions included: •Approval of the Community and Past Parent Representatives for FY25-26 •Approval of the Executive Committee Officers for FY25-26 •Chair: Janelle Lafrades •Vice-Chair: Gabriela Garibay •Secretary: TuLiisa Miller •Parliamentarian: Norma Chayrez •Received standard monthly administrative, fiscal, and child nutrition reports 13 CCC EHSD ECE Program Update 10/21/25 •Federal Environment Updates •Child Care Center Services •Policy Council Actions •Budget •Monitoring •Official Funder Communication •Recommendation •Appendices 14 Head Start Budget Expenditures 15 $2,472,479 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun YTD Planned Expenditures YTD Actual Expenditures CCC EHSD ECE Program Update 10/21/25 Category FY25-26 Award Aug 2025 Expenditures YTD Expenditures Remaining Balance Total Federal Funding $20,577,342 $1,124,832 $1,961,777 $18,615,565 Required Non-Federal Share $5,144,336 $291,060 $500,296 $4,644,040 Measure X Overmatch $1,024,000 $10,406 $10,406 $1,013,594 Total Federal and Non-Federal $26,745,678 $1,426,298 $2,472,479 $24,273,199 FY24-25 Carryover Request 16 CCC EHSD ECE Program Update 10/21/25 Head Start Credit Card Expenditures All credit card expenditures are made by authorized staff for budgeted purchases to support reasonable program expenditures.17 CCC EHSD ECE Program Update 10/21/25 •Federal Environment Updates •Child Care Center Services •Policy Council Actions •Budget •Monitoring •Official Funder Communication •Recommendation •Appendices 18 Health and Safety Compliance Indicators with non-compliances over 10% in August & September 2025: There are no non-compliances over 10% in Aug 2025. 1.Classroom Transition Tracking Sheet is used correctly and reflects current children in room. (2/11 = 18%non-compliance) 2.Alarms and locks in hallways, front doors, and gates are in working order. (18/159 = 11% non-compliance) 19 CCC EHSD ECE Program Update 10/21/25 Unusual Incidents & Citations Reportable incidents as defined by the Office of Head Start (OHS) OHS considers a “significant incident” to be any incident that results in serious injury or harm to a child, violates Head Start standards of conduct at 45 CFR §1302.90(c), or results in a child being left alone, unsupervised, or released to an unauthorized adult. A program must report all significant incidents affecting the health and safety of children with 7 days. California Department of Social Services Community Care Licensing Citations Type A: An immediate risk to the health, safety or personal rights of children in care. Type B: If not corrected right away, may be a risk to the health, safety, and personal rights of the children in care. 20 CCC EHSD ECE Program Update 10/21/25 FY24-25 Head Start Self-Assessment Federal Requirement •Head Start Act (HSA) 642(d)(2) •Head Start Program Performance Standards (HSPPS) 1302.102(b)(2) Process •Timing: May 5-9, 2025 •Where: 23 classrooms across 17 directly operated and partner early childhood education centers •Who: 12 staff, 1 Policy Council member, & 4 Economic Opportunity Council Representatives •What: Focused on areas anticipated to be included in Office of Head Start’s official monitoring visit in FY25-26 Results •No results requiring a corrective action plan. We are compliant with the federal standards. •It identified areas for growth, such as strengthening training systems for new site supervisors and educators, while also affirming the progress achieved in modernizing operational practices. 21 CCC EHSD ECE Program Update 10/21/25 2. 2025 Head Start Self-Assessment Report Self-Assessment Summary of Key Findings 22 CCC EHSD ECE Program Update 10/21/25 Program Area Reviewed Key Findings 1.Classroom Assessment Scoring System (CLASS) Exceeded Federal Threshold for all 3 domains: Emotional Support = 6.35 (Fed Threshold = 5) Classroom Organization = 6.03 (Fed Threshold = 5) Instructional Support = 2.82 (Fed Threshold = 2.3) 2.Program Design Management & Improvement Monthly monitoring data reports are shared with Senior Management, the Board of Supervisors and the Policy Council. Contra Costa Head Start has taken a proactive approach in filling staffing gaps and ensuring manageable workloads to better serve families. 3.Education & Child Development Services Centers use research-based curriculum for all children. Teachers also use Individualized Education Plans (IEPs) to adapt lessons for children with disabilities. 4.Health Services Centers follow health and sanitation procedures consistently. Mental health consultants visit centers consistently. 5.Family & Community Engagement Services Methods in which staff contact families are robust; whether through apps, phone calls, conversations, bilingual support, staff make sure that the families feel heard and understood. 6.Classroom Health & Safety Classrooms consistently meet compliance in providing safe spaces for children to learn and develop. 7. Eligibility, Recruitment, Selection, Attendance, & Enrollment Point based system allows us to identify families with the highest needs. Enrollment is tracked across all centers, and the CEU Manager provides monthly reports ensuring vacancies are quickly filled. 8.Fiscal Oversight The fiscal team tracks budgets, contracts, and expenses in an effective manner. An approval chain is implemented that helps prevent errors, ensures accountability, and aligns spending with program goals. 9.Quality Monitoring Unit Needs & Eligibility A compliance rate of 98% was achieved. •Federal Environment Updates •Child Care Center Services •Policy Council Actions •Budget •Monitoring •Official Funder Communication •Recommendation •Appendices 23 OHS Information Memorandum Program Instruction ACF-OHS-IM-25-05 issued:September 25, 2025 Subject:Fiscal Year 2026 Monitoring Process for Head Start Recipients Information:Explains the monitoring process for fiscal year (FY) 2026, starting October 2025. Monitoring reviews are streamlined –reducing questions by 54.8% overall (from 449 in FY25 to 203 in FY26). These updates focus reviews on the most critical elements for child safety and program integrity.The Focus Area 1 review was previously virtual but will now include on-site. Action:We will receive a Focus Area 1 (FA1): Program Systems Review this year, but we have not received our notification letter of the date yet. 3. ACF-OHS-IM-25-05 Fiscal Year 2026 Monitoring Process for Head Start Recipients 24 CCC EHSD ECE Program Update 10/21/25 OHS Information Memorandum Information Memorandum ACF-OHS-IM-25-06 issued:September 26, 2025 Subject:Addressing Vacant Slots Due to Chronic Absenteeism in Head Start Programs Information:This memorandum clarifies Head Start policies on handling vacant slots caused by chronic absenteeism and emphasizes the importance of consistent attendance. Programs are directed to maximize enrollment, ensure children benefit from consistent participation, and take proactive steps to prevent chronic absenteeism while supporting families facing challenges. Action:We continue utilize all identified strategies to enhance program participation. 4.ACF-OHS-IM-25-06 Addressing Vacant Slots Due to Chronic Absenteeism in Head Start Programs 25 CCC EHSD ECE Program Update 10/21/25 1.Building relationships with families to improve communication 2.Engaging in community partnership to support child and family wellbeing 3.Tracking attendance for every child and examining barriers 4.Regularly reviewing and analyzing individual child attendance 5.Using health data to identify trends in child absences 6.Using multidisciplinary approach to supporting mental health CDSS Child Care Bulletin Child Care Bulletin 25-22 issued:August 25, 2025 Subject:Utilization of Contract Dollars for Legal Fees Information:Clarifies that reimbursement for legal fees is permissible under child care and development contracts, provided these costs satisfy the following criteria: reasonable and necessary, directly related to contract performance, categorization as administrative costs, compliance with administrative cost limitation, and documentation for all claimed expenses. Action:We are in full compliance. No additional action is needed. 5.CCB-25-22 Utilization of Contract Dollars for Legal Fees 26 CCC EHSD ECE Program Update 10/21/25 CDSS Child Care Bulletin Child Care Bulletin 25-23 issued:September 22, 2025 Subject:Fiscal Year 2025-26 Child Care and Development Budget Overview and Guidance Information:Provides information and guidance to child care contractors and county administrators about policy changes in the 2025 Budget Act. Further Child Care Bulletins with more detailed guidance regarding Cost of Care Plus, payment based on enrollment, and prospective payment are forthcoming. Action:We are in full compliance. No additional action is needed. 6.CCB-25-23 FY25-26 Child Care and Development Budget Overview and Guidance 27 CCC EHSD ECE Program Update 10/21/25 CDSS Child Care Bulletin Child Care Bulletin 25-24 issued:September 26, 2025 Subject:Continuation of Reimbursement Based on Enrollment Information:Provides information to child care and development contractors regarding the continuation of the policy to reimburse for care in voucher programs based on a child’s maximum authorized need rather than attendance, and to reimburse for care in center-based programs based on 100% of the contract maximum reimbursable amount or net reimbursable program costs, whichever is less, through June 30, 2026, pursuant to SB 120. These reimbursement practices are sometimes referred to as “hold harmless” policies. Action:We are in full compliance as this fully aligns with interim guidance received July 8, 2025. No additional action is needed. 7.CCB-25-24 Continuation of Reimbursement Based on Enrollment 28 CCC EHSD ECE Program Update 10/21/25 •Federal Environment Updates •Child Care Center Services •Policy Council Actions •Budget •Monitoring •Official Funder Communication •Recommendation •Appendices 29 Recommendation CONSIDER accepting the monthly update on the activities and oversight of the County's Head Start Program and provide guidance, as recommended by the Employment and Human Services Director; and APPROVE and AUTHORIZE EHSD to submit a carryover application to OHS; APPROVE the FY25-26 Head Start Planning Calendar; and ACCEPT the FY24-25 Self-Assessment Report. 30 CCC EHSD ECE Program Update 10/21/25 •Federal Environment Updates •Child Care Center Services •Policy Council Actions •Budget •Monitoring •Official Funder Communication •Recommendation •Appendices 2831 Federal Requirement*1/21/25 2/25/25 3/25/25 4/15/25 5/20/25 6/24/25 7/22/25 8/12/25 9/16/25 10/21/25 11/18/25 12/16/25 1. Monthly Program Updates HSA 642(d)(2) HSPPS 1301.2(b)(2) Nov-Dec ’24 Jan ’25 Feb ’25 None Mar-Apr ’25 May ’25 Jun ’25 None Jul ’25 Aug-Sep ’25 None Oct ‘25 2. Monthly Financial Updates HSA 642(d)(2) HSPPS 1301.2(b)(2)Nov ’24 Dec ’24 Jan ’25 Feb ’25 Mar ’25 Apr ’25 May ’25 Jun ’25 Jul ’25 Aug ’25 Sep ’25 Oct ‘25 3. Funder Communications HSA 642(d)(2) HSPPS 1301.2(b)(2)Dec ’24 Jan ’25 Feb ’25 Mar ’25 Apr ’25 May ’25 Jun ’25 Jul ’26 Aug ’25 Sep ’25 Oct ’25 Nov ‘25 4. Annual HS Governance and Eligibility Training HSA 642(d)(3) HSPPS 1301.5, 1302.12(m)Training 5. Annual Goals and Objectives (included in Grant application)HSPPS 1302.102(a)Approval Item 6. Annual Non-Competitive Grant Renewal Application HSA 642(c)(1)(E) HSPSS 1301.2(b)(1) Approval Item 7. Annual Selection Criteria and Recruitment Plan HSPSS 1302.13, 1302.14(a)Approval Item 8. Annual Community Needs Assessment HSA 640(g)(1)(C) HSPPS 1302.11(b), 1302.102(d)(2) Share Results 9. FY25-26 Planning Calendar HSA 640(g)(1)(D) HSPPS 1302.11(b), 1302.102(d)(2) Approval Item 10. Annual Self-Assessment HSA 642(d)(2) HSPPS 1302.102(b)(2) Approval Item 11. Annual County Single Financial Audit HSA 642(d)(2) HSPPS 1301.2(b)(2) Approval Item 12. Annual Program Information Report 45 CFR Part 75 Share Results 13. CSB Agency Policies & Procedures HSA 642(c)(1)(E)As needed 2025 Head Start Governance Updates Calendar Planned Completed Contra Costa County Resolution 2023/274 includes all of these requirements.32 CCC EHSD ECE Program Update 10/21/25 33 Co n d u c t 31 - A p p l i c a t i o n Re q u i r e m e n t s 32 - D e f i n i t i o n s Bi r t h O u t c o m e s As s e s s m e n t 36 - B a r r i e r s t o En r o l l m e n t 37 - B a r r i e r s t o At t e n d a n c e Op t i o n Ap p r o a c h Se r v i c e s 42 - B e n e f i t s 43 - P a y S c a l e 44 - P a y P a r i t y 46 - W a g e s Completed on time Completed late Not due yet N/A El i g i b i l i t y El i g i b i l i t y 4 - E m p l o y e e En g a g e m e n t 5 - T r a i n i n g o n 6 - H o u s i n g Ad j u s t m e n t Du r a t i o n Re c r u i t m e n t Me m b e r s Di s a b i l i t i e s En r o l l m e n t En r o l l m e n t Ex p u l s i o n Co m m In t e g r a t i o n Co n s u l t a n t s Le a d Fa m i l i e s 20 - Q R I S Fa m i l i e s Cu r r i c u l u m HSPPS Compliance Timeline Progress Chart 8. New HSPPS Compliance Timeline and Analysis CCC EHSD ECE Program Update 10/21/25 2025-2026 EHSD Community Services Bureau Head Start Planning Calendar ACTIVITY CITATION(S)ADD'L SPONSOR(S)JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE Best Practice Christina Castle-Barber Plan for Head Start Awareness Month Head Start Awareness Month Acknowledgement Plan for Community Action Month Community Action Month BOS Proclamation HSPPS Achieving Program Goals HSPPS_ Eligibility Training MJ Robb Head Start Eligibility Training for BOS County Requirement Best Practice MJ Robb Invite Board Members to Centers for Week of the Young Child Board Members visit centers for Week of the Young Child HSA Agency Powers & Functions HSPPS Governing Body HSPPS Achieving Program Goals HSPPS Governing Body Resolution No. 2023/274 Communication: Regional Office (RO)HSA Training & Technical Assistance MJ Robb Monthly Calls with the RO School Readiness (SR) Visit for RO Semi-Annual T/TA POC Check In Meeting School Readiness (SR) visit for RO Semi-Annual T/TA POC Check In Meeting ACF Application Instructions MJ Robb Present Grant Cycle Process Overview to PC at Orientation Present Grant Cycle Process Overview to PC at Orientation Begin planning for HS Grant Application Receive Funding Guidance Letter, Conduct Grant Writing Process with Assigned Team Members, Including Goals & Objectives (G&O) Action: PC Review and Approve HS Grant Application (Due 4/1 to ACF) Action: BOS Review and Approve HS Grant Application (Due 4/1 to ACF) Submit HS Grant Application (Due 4/1 to ACF) ACF Program Instructions Alexandra Heinitz SF-425 Semi-annual report due to ACF Upload Budget by object total and justification thru HSES SF-425 Annual Report due to ACF SF-425 Final Report due to ACF Recordkeeping & Reporting: Program Information Report & Planning HSPPS Achieving Program Goals MJ Robb Disseminated G/O to Staff, Department Director, PC, and BOS Upload PIR by August 31st Present PIR at SAM, Sr. Mgmt. and All Cluster Present PIR to PC and BOS Program G/O Updates Report Disseminated to Staff, Department Director, PC, and BOS Prepare presentation for PC, CSB teams, and others as needed Action: Present Community Assessment Executive Summary Report for PC, BOS, EOC, and Staff Submit Executive Summary with HS/EHS Continuation Grant (Due 4/1 to ACF) HSPPS Achieving Program Goals- Reporting HSA Administrative Requirements & Standards Form Self-Assessment Teams for Review at CSB and Partner Sites Recruit PC Self-Assessment Sub- Committee for 22/23 Program Year Email BOS to seek interest in participating in the Self Assessment Begin Self-Assessment Process Planning Begin Self-Assessment Process Planning Present Process to PC and Broaden Subcommittee Membership Train Community Volunteers/PC Subcommittee Members Conduct Self-Assessment (CSB/Partners) Identify Sites and Classrooms for Self- Assessment and Instruments Develop Self-Assessment Schedule and Send out Notification Link any Self-Assessment Findings to G&O's for Continuation Grant and T & TA Plan Action: Submit Final Report and Obtain Approval of Corrective Action Plans as Necessary (ACF/PC/BOS/CSB Director) QMU 1st Period Monitoring Begins: Center, Curriculum Fidelity, ERS, File Review 2nd Period Monitoring Begins: Center, Curriculum Fidelity, ERS, File Review End Monitoring Jessie Black & Linda Frazier Stafford Semi-Annual Child Safety Checklist Semi-Annual Child Safety Checklist HSPPS Governing Body QMU Present 2nd Period Semi-Annual Report to PC Monitoring/ Self- Assessment Subcommittee, PC, BOS, ACF, Senior Managers, Site Supervisors, CS Managers, Partners, and Staff HSPPS Governing Body QMU Review Slot Map Plans and Update for New Period Schedule for Center Monitoring and Sample Size Calculation for Files and Classrooms Communication: Families HSPPS Family Engagement Communication: Families HSPPS Parent Activities Promoting Child Learning Early Closure Letter/Curriculum Input Letter Fall/Holiday Letters Year-end celebrations Communication: Families HSPPS Parent Activities Promoting Child Learning PD/PY Calendar Given to Families PD/PY 1 Week Winter Break Communication: Staff Best Practice Monthly Cluster meetings Monthly Cluster meetings Monthly Cluster meetings Quarterly All Cluster Meetings Monthly Cluster meetings Monthly Cluster meetings Monthly Cluster meetings Quarterly All Cluster Meetings Monthly Cluster meetings Monthly Cluster meetings Monthly Cluster meetings Quarterly All Cluster Meetings Monthly Cluster meetings Monthly Cluster meetings Monthly Cluster meetings Quarterly All Cluster Meetings Sarah Reich/Sheila Walsh Board of Supervisors: Communication Board of Supervisors: Reports Ongoing Monitoring: Reports Self Assessment Activities Annual Report MJ Robb Disseminate/ Distribute Annual Report to Public and Staff Present/Distribute Annual Report to PC and BOS/CAO Annual Report Final Approval from SAM Root Cause Analysis & Implementation of Corrective Action PlanRoot Cause Analysis & Implementation of Corrective Action Plan CLASS Monitoring Monthly report to BOS Bi-monthly report to BOS Head Start Committee HSPPS Achieving Program Goals- Monitoring Monthly report to BOSMonthly report to BOSMonthly report to BOSMonthly report to BOSMonthly report to BOSMonthly report to BOSMonthly report to BOS Ongoing Monitoring: Monitoring Amy Wells Monthly report to BOSMonthly report to BOSMonthly report to BOS Head Start Committee: Reports Community Work Days Monthly Report to BOS Ayalew Lidete Finalize Annual Report GRANTS: HS/EHS Grants (09CH010862) MJ Robb Bi-monthly report to BOS Head Start Committee Bi-monthly report to BOS Head Start Committee Bi-monthly report to BOS Head Start Committee Bi-monthly report to BOS Head Start Committee Bi-monthly report to BOS Head Start Committee Community Assessment (Year 2 Update)HSPPS Determining Community Strengths & Needs HSPPS Achieving Program Goals- Ongoing Assessment Begin Annual Report Process and Gather Content from Sr. Mgrs. and CSMs Researching for Year 5 Community Narratives (survey(s) of community members, community photos, etc.) Researching Community Assessment Updates Year 2 CLASS Monitoring Review/Update Content of Monitoring Tools and Handbooks Back to School Nights PD/PY 1 Week Spring Break (Aligned with Local School Districts) Community Work Days Citations: CDE- California Department of Education HSPPS- Head Start Program Performance Standards HSA- Head Start Act Approved by Marla Stewart 9/30/2025 2025-2026 EHSD Community Services Bureau Head Start Planning Calendar Julia Kittle-White (Partners) CSB and YMCA Quarterly Meeting CSB and KinderCare Quarterly Meeting CSB and YMCA Quarterly Meeting CSB and KinderCare Quarterly Meeting CSB and YMCA Quarterly Meeting CSB and KinderCare Quarterly Meeting CSB and YMCA Quarterly Meeting CSB and KinderCare Quarterly Meeting Annual Submittals Due Program self-evaluation documentation for state program due Begin Kindergarten Transitions/ Trainings CLASS Training for Partners Child Abuse/DV Prevention Training Required Annual Partner Meeting Partner Learning Community Meeting Partner Learning Community Meeting Partner Learning Community Meeting Amy Wells HSPPS Parent Activities Promoting Child Learning Education Team CSB READS kick-off EHS: Take home family activities monthly Dec-June HSPPS Parent Activities Promoting Child Learning Education Team HS: Take home family activities monthly Dec-June HSPPS Family Engagement Catherine Lucero Special Events Best Practice Education Team & Cluster ADs CSB READS kick-off "Dual Language Learner" Celebration TBD Dr. Seuss Birthday March 2 Week Of the Young Child April 4-10 Teachers Appreciation Week May 4-8 Contracts: ELCD/CCDD Contracts Full Day/Part Day-Begin Screenings and DRDP Assessments Complete ECERS/ITERS by 11/30 Complete DRDP Summary of Findings by 12/30 Compile DRDP Parent Surveys by Contract Complete Agency Summary of Findings Review Parent Survey Results & Share with Senior Mgmt., BOS, and PC. Submit Report to Analyst. HSPPS Child Screening & Assessments Education Team Present Final Update of SR Goals from Previous Year to PC Program Svs subcomm., PC, BOS, Sr. Mgmt., and staff Present Baseline SR goals to PC Prog Svs Subcommittee and Sr.Mgmt. Present Baseline SR goals to PC, BOS and staff Present Mid-Year SR Updates to PC Prog Svs Subcomm. and Sr. Mgmt.Present Mid-Year SR Updates to PC, BOS, and staff HSPPS Achieving Program Goals Education Team Final DRDP Outcomes Report to PC Program Svs subcomm., PC, BOS, Sr. Mgmt., and staff First DRDP Outcomes Report for Current Program Year to PC Prog Svs subcomm. and Sr. Mgmt. First DRDP Outcomes Report for Current Program Year to PC, BOS and staff 2nd DRDP Outcomes Report for Current Program Year to PC Prog Svs Subcomm. and Sr. Mgmt. 2nd DRDP Outcomes Report to PC, BOS and staff HSPPS Teaching & the Learning Environment Education Team Kinder-Readiness Activities: Parent Meetings, RMTK Kinder-Readiness Registration Information to Parents and Visits to Kinder Classes Prepare Kindergarten Transition Packets Distribution of SR Packets/ backpacks (Transition to Kindergarten) Education Team In-Service for Full-day teachers & Pre- Service for PD/PY Teachers In-Service for Teaching Staff Lesson Planning Individualization Comp Services Refresher Training for Teachers and Site Supervisors Large Group/Circle Time School Readiness Goals TBD LCLASS Environments TBD Creative Curriculumn Second Step PITC Training for EHS staff TBD Michelle Mankewich Newsletters: Families HSPPS Family Engagement Ana Araujo Family Newsletter Family Newsletter and Winter Safety Newsletter Summer Safety Newsletter Communication: Families HSPPS Parent Activities Promoting Child Learning Ana Araujo No meeting Monthly Parent Meetings No Meeting Parent Communication Preference Survey Best Practice Ana Araujo Survey parents on communication preference Communication/ Training: Families HSPPS Family Engagement Ana Araujo Provide Family Handbooks to Families Pedestrian Safety Training Required Begin Kindergarten Transitions/ Training Begin Family Handbook Updates (Every 2 years, 2025-2027)Parent Resilicency Training Required La Clinica Dental Van HSPPS Community Partnerships Jennifer Kirby Monthly at Selected Sites (as vans are available) Irene Figueroa National Food Day - October 24th CCFP Roundtable Conference "Pride in Food Service Week" -- First week in February National Nutrition Month National Fruit and Veggie Day (June 17th is Eat All Your Veggies Day) Irene Figueroa Family Nutrition Meeting Family Nutrition Meeting Education Team & Site Supervisors Collect WOTYC Plans for Centers WOTYC Celebrations Collect Year-End Celebration Plans for the Center Year-End Celebrations Education Team HSPPS Parent Activities Promoting Child Learning Education Team HSPPS Parent Activities Promoting Child Learning Education Team HSPPS Community Partnerships Jennifer Kirby Health, Mental Health & Nutrition Services Advisory Committee Meeting Health, Mental Health & Nutrition Services Advisory Committee Meeting Healthy and Active Lifestyle Give Kids a Smile Day Family Engagement HSPPS Community Partnerships CSB Reads (year round) HSPPS Community Partnerships & Coordination EHS PFCE Prep/Planning Home Family Activities to support SR PFCE Goals EHS PFCE Home Family Activities to support SR PFCE Goals HS PFCE Prep/Planning Home Family Activities to support SR PFCE Goals HS PFCE Home Family Activities to support SR PFCE Goals Prep/planning Take Home Activities School Readiness: Reports School Readiness: Transitions: Into, Throughout & Out of Program Partnerships: Communication Prep/planning Take Home Activities Jennifer Kirby HSPPS Family Engagement HSPPS Parent Activities Promoting Child Learning Open House Fall Harvest Festivals Family Engagement Give Kids a Smile Day Event-(1st Friday of the Month of February) Give Kids a Smile Day Preparation and Implementation of GKSD Plan weekly emails to staff Give Kids a Smile Day (GKSD) - Confirm local dentist Give Kids a Smile Day (GKSD) - Begin outreach to local dentist Citations: CDE- California Department of Education HSPPS- Head Start Program Performance Standards HSA- Head Start Act Approved by Marla Stewart 9/30/2025 2025-2026 EHSD Community Services Bureau Head Start Planning Calendar HSPPS Family Engagement Ana Araujo HSPPS Community Partnerships Ana Araujo HSPPS Family Engagement Ana Araujo HSPPS Family Engagement Jennifer and Irene Training: Comprehensive Services Team staff training and community partners Rita Loza Safe Sleep WIC FDC refresher Lead Prevention Immunization HSPPS Policy Council Committees Michelle Recognition of Outgoing PC Members PC Orientation on Saturday September (TBD) and Election of New PC Executive Committee Recruitment, Election & Finalization of Subcommittee PC Orientation Planning Begins HSPPS Training Ana HSA Powers & Functions of HS Agencies HSPPS Policy Council Ana Monthly PC Meeting (except July and December) Ana Monthly Subcommittee Meetings (except July, September and December) Alexandra Heinitz Federal Reports Title 45: Federal Regulations Fiscal Team Head Start & Early Head Start Fiscal Year Begins County Single Audit begins Baseline Budget (BFM) and Budget Narrative Due County Performance Report Due Budget Input in HSES Due to ACF for Next Program Year Report the Results of Prior Year Single Audit to PC HSA Powers & Functions of HS Agencies Fiscal Team Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month Fiscal Reports to PC & BOS every month HSA Records & Audits Fiscal Team County Year-End Close-Out Continues: Submission of Journals, Accruals, and Deferrals to Auditor's Office Complete Risk Assessment for Each Subrecipient Single Audit Certification of Subrecipients Cut-off for Encumbrance of HS/EHS Funds Personnel Cost Forecasting (PCF) Report due Federal Reports (cont.)OHS Program Instructions Fiscal Team SF-425 Semi-Annual Financial Status Report Due to ACF Finalize Operational and T & TA Budget for HS/EHS; Budget for PC Discussion and Approval SF-425 Annual Financial Status Report and SF-429 Real property Status Report Due to ACF SF-425 Final Financial Status Report Due to ACF Internal Control Checklist on Cash and Petty Cash due to Auditor's Office OHS Program Instructions Fiscal Team County Year-End Close-Out Begins: Cut Off for Encumbrances Adjustment Deposit Permit Operating Information in the Comprehensive Annual Financial Schedule of Expenditures of Federal Awards Due to Auditor Controller's Office Current Year's Budget Adjustments Due to Auditor Controller's Office Mandatory & Discretionary List to CAO Subrecipient & Contractor Determination Checklist ACF CSBG Guidance Michael CSBG Report Due to CSD (due on the 20th) CSBG Report Due to CSD (due on the 20th) CSBG Report Due to CSD (due on the 20th) CSBG Report Due to CSD (due on the 20th) CSBG Report Due to CSD (due on the 20th) CSBG Report Due to CSD (due on the 20th)Mid-year Projections Due to CAO CSBG Report Due to CSD (due on the 20th) CSBG IS Form Due 3/1 CSBG Report Due to CSD (due on the 20th) CSBG Report Due to CSD (due on the 20th) CSBG Report Due to CSD (due on the 20th) State Reports County Requirement/Timeline Fiscal Team State/County Fiscal Year Begins July 1st County Year-End Close-Out Continues: Submission of Journals, Accruals, and Deferrals to Auditor's Office Current Year's Budget Adjustments Due to Auditor Controller's Office Mandatory & Discretionary List to CAO State/County Fiscal Year Ends June 30th CDE Fiscal Guidance Deo CDE 4th Quarterly Report Due CDE 1st Quarterly Report Due CDE 2nd Quarterly Report Due CDE 3rd Quarterly Report Due Deo 4th qtr QRIS report to Contra Costa County Office of Education (CCCOE)1st qtr QRIS report CCCOE 2nd qtr QRIS report CCCOE 3rd qtr QRIS report CCCOE Deo Child Development Audit documentation begins Child Development Audit-Interim phase Child Development Audit Begins Child Development Audit Year-end Child Development Audit submission to CDE (which can be extended till February 2021 Deo Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) Stage 2 & CAPP Reports Due to CDE (20th of each month) https://www.fns.usda.gov/cacfp/handbo oks Ali/Alexandra CACFP CNIPS Budget Submitted Indirect Cost Rate Proposal Due to US Dept. of Health & Human Services HSA Standards Monitoring Monthly Enrollment Report and Center Status Report Due via HSES by the 7th Weekly 30-day Full Enrollment Checks and Reports New Federal Income Guidelines Issued PD/PY Classes End HSPPS Determining Eligibility New State Income Guidelines issued PD/PY Classes Begin Eligibility training for PC Eligibility Refresher Training Review/ Revise Recruitment Materials Begin Major Recruitment Drive Monthly - Purge Waitlist Send Flyers to current Public Benefit Recipients Send Flyers to current Public Benefit Recipients Send Flyers to current Public Benefit Recipients Submit Request for Flyers to be Mailed with Public Benefit Quarterly Reports Disperse recruitment flyers to elementary schools Send Flyers to current Public Benefit Recipients HSA Powers & Functions of HS Agencies HSA Powers & Functions of HS Agencies HSPPS Selection Process Eligibility, Recruitment, Selection, Enrollment, Attendance (ERSEA): Attendance & Planning HSA Powers & Functions of HS Agencies Monthly Attendance Report for BOS/PC Slot Planning for Next PY Finalized Slots Map for Next PY Distribute Slots Map for Next PY HSPPS Record Retention Prior Program Year Archived Files Stored at Sites after One Year HSPPS Safety Practices Quarterly Deep Cleaning EHS & Kitchen Annual Deep Cleaning HS Quarterly Deep Cleaning EHS & Kitchen Quarterly Deep Cleaning EHS & Kitchen Quarterly Deep Cleaning EHS & Kitchen County Requirement Health & Safety Officer Committee Meeting Best Practice Emergency Preparedness Training and Great Shake Out Statewide Earthquake Drill Policy Council: PC Meetings and Trainings Family Financial Fitness Workshops Making Parenting a Pleasure Jay Rivera Establish Procedure and Timelines for Year End Transitions Action: BOS Approves Selection Criteria and Recruitment Plan Action: PC Approves Selection Criteria and Recruitment Plan Hold Selection Criteria Meeting with Staff, Parents, and Program Services Subcommittee Healthy Fathers, Healhty Children HSPPS Achieving Program Goals Annual Form 700 due to Clerk of the Board Facilities/Center Health and Safety Eligibility, Recruitment, Selection, Enrollment, Attendance (ERSEA): Eligibility/ Enrollment Eligibility & Enrollment Clinics Eligibility, Recruitment, Selection, Enrollment, Attendance (ERSEA): Recruitment Continue Recruitment Drive HSPPS Recruitment of Children Make-Up PC Orientation Leadership Training Purge Over-Income Waiver List Exiting Reps sign Form 700 due to Clerk of the Board Form 700 for New Reps due to Clerk of the Board Eligibility, Recruitment, Selection, Enrollment, Attendance (ERSEA): Selection Ellen de Senna CDE Fiscal Guidance Release Files Past Destruction Date to County for Shredding Ethics/Brown Act Video Training Due Exec team attend NHSA PFCE conference Male Involvement Events (year round) Recordkeeping/Inventory (Hardcopy files & Center Assets) County Requirement Annual County Equipment Inventory Report Confirmation Program Year prior to Last Program Year Drop Files to Warehouse for Storage Family Engagement Citations: CDE- California Department of Education HSPPS- Head Start Program Performance Standards HSA- Head Start Act Approved by Marla Stewart 9/30/2025 2025-2026 EHSD Community Services Bureau Head Start Planning Calendar Monique Young-Edwards Contracts: Partnerships Child Nutrition Community Partnerships County Admin Bulletin 600.3 CACFP Contract Begin RFI and Contract process for CSBG Contracts Due in March Begin Contract Renewals for Contracts Due in December and January*with the exception of CSBG contracts Begin Contract Renewals for Contracts Due in July (Pending Slots) *with the exception of CSBG contracts) Action: BOS Approval of Contracts that begin 7/1 Citations: CDE- California Department of Education HSPPS- Head Start Program Performance Standards HSA- Head Start Act Approved by Marla Stewart 9/30/2025 2025 CONTRA COSTA HEAD START Head Start Self-Assessment Report 1 Ayalew Lidete, 10 – 07 - 25   EMPLOYMENT & HUMAN SERVICES COMMUNITY SERVICES BUREAU 2025 SELF-ASSESSMENT MAY 5 -8, 2025 Background Head Start (HS)Self-Assessment is a required Head Start activity that provides a structured process for reviewing program activities and outcomes. During this time, data is reviewed and discussed to determine the effectiveness of the Contra Costa County Head Start in meeting internal program goals and compliance standards set forth by the Office of Head Start (OHS). The purpose of meeting program goals and requirements is to ensure that families in Contra Costa County can thrive with the support of a well- functioning, informed, collaborative Head Start program. This year’s HS Self-Assessment introduced higher standards and a more structured evaluation process. As this marks the first year of our new grant cycle, a strong emphasis was placed on ensuring our monitoring was comprehensive and systematic throughout. Our goal was to identify the strengths and weaknesses of our program. In anticipation of a Head Start Focus Area One Review in the next program year, our goal is not only to be fully prepared, but to demonstrate a high level of accountability and responsiveness in all aspects of our program. The HS Self-Assessment this year allowed Contra Costa County Head Start to focus on the significant improvements that were made, in addition to continuing the discussions around continuous improvement. While Contra Costa Head Start is meeting compliance standards, we are committed to continuous improvement, ensuring we continue to seek opportunities for growth to ensure the program continues to support families in Contra Costa County in retaining, and maintaining, interdependence with their community. Overview of Methods This year the Self-Assessment focused on the following program areas:  Classroom Assessment Scoring System (CLASS)  Head Start Health & Safety Screener  FY25 Focus Area One Monitoring Protocol: Program Design, Management, and Improvement  FY25 Focus Area One Monitoring Protocol: Education and Child Development Services  FY25 Focus Area One Monitoring Protocol: Health Services  FY25 Focus Area One Monitoring Protocol: Family and Community Engagement Services  FY25 Focus Area One Monitoring Protocol: Fiscal Infrastructure  FY25 Focus Area One Monitoring Protocol: Eligibility, Recruitment, Selection, Enrollment, Attendance  Quality Monitoring Unit Needs & Eligibility The 2025 Self-Assessment was conducted May5 - May9, 2025. The team visited 17 sites and 23 classrooms. The teams were composed of members of Contra Costa Head Start’s Centralized Enrollment Unit, various Community Services Managers, Head Start parents, and representatives of the Board of Supervisors seated on the Economic Opportunity Council (EOC). The EOC is recognized for its strong fiscal management and administrative capacity, is essential in addressing poverty by providing comprehensive programs that empower families. With this partnership, EOC members provided valuable oversight and strategic insight to strengthen the program and ensure alignment with federal performance standards. 2025 CONTRA COSTA HEAD START Head Start Self-Assessment Report 2 Ayalew Lidete, 10 – 07 - 25   EMPLOYMENT & HUMAN SERVICES COMMUNITY SERVICES BUREAU 2025 SELF-ASSESSMENT MAY 5 -8, 2025 They were tasked to observe the sites with the Focus Area One Monitoring Tool modified to be in the form of questions instead of statements, and the Health & Safety Screener. These tools allow us to showcase program strengths and identify areas for improvement through several lenses. We also incorporated two additional tools: CLASS (Classroom Assessment Scoring System) and the Quality Management Unit’s (QMU) Needs & Eligibility Tool. We performed CLASS at six sites. CLASS allows us to assess the classroom dynamics between the students and teachers, especially as we hire new teachers. The QMU Needs & Eligibility tool ensures that the documents required to deem a child eligible to enroll properly recorded and documented. Ten percent of the files were monitored at each of the sites included in the Self- Assessment. Program Areas, Instruments, and Participants Program Area Instruments/Documents Reviewed Sites/Staff Participating CLASS Classroom Assessment Scoring System (CLASS) 2025 Monitoring Roll Up - 6 Classrooms across 5 sites Staff: Janet Rivera Kim Clay LaTonya Saucer Afi Fiaxe Venus McMurrian   FY25 Focus Area One Monitoring Protocol: Program Design, Management, and Improvement FA1: Program Design, Management, and Improvement Head Start Health and Safety Screener Policy Council Member ‐ Norma Chayez Staff: - Michelle Mankewich - Sarah Reich FY25 Focus A rea One Monitoring Protocol: Education and Child Development Services FA1: Education and Child Development Services Head Start Health and Safety Screener Staff: - Ellen De Senna - Ruben Cardona Sites - Balboa Room 2, 5 - YMCA 8th Room A, B2 - GMIII Room 8 FY25 Focus Area One Monitoring Protocol: Health Services FA1: Health Services Head Start Health and Safety Screener EOC Board of Supervisor’s Representative – District 5 - Kanwar Singh Staff: - Monica DeVera - Tina Ham Sites - Bayo Vista Room 2 - Lavonia Allen Room 2 - YMCA Rodeo Room 3 2025 CONTRA COSTA HEAD START Head Start Self-Assessment Report 3 Ayalew Lidete, 10 – 07 - 25 EMPLOYMENT & HUMAN SERVICES COMMUNITY SERVICES BUREAU 2025 SELF-ASSESSMENT MAY 5 -8, 2025 FY25 Focus Area One Monitoring Protocol: Family and Community Engagement Services FA1: Family and Community Engagement Services Head Start Health and Safety Screener EOC Board of Supervisor’s Representative – District 3 - LaTonia Stokes Staff: - Kelly Chun - Iris Xu Sites - Marsh Creek Room 1 - Los Nogales Room 1 - KinderCare Mahogany HS - Los Arboles Room 1, 2B FY25 Focus Area One Monitoring Protocol: Fiscal Infrastructure FA1: Fiscal Infrastructure Staff: - Sarah Reich FY25 Focus Area One Monitoring Protocol: Eligibility, Recruitment, Selection, Enrollment, Attendance FA1: ERSEA Head Start Health and Safety Screener EOC Board of Supervisor’s Representative – District 2 - Renee Zeimer Staff: - Jacqueline Lopez - Griselda Tova De Magana Sites - Ambrose Room A, B2 - Crescent Park Room 4A - Verde Room H1 - Walt Disney Room 1 FY25 Focus Area One Monitoring Protocol: Eligibility, Recruitment, Selection, Enrollment, Attendance FA1: ERSEA Head Start Health and Safety Screener EOC Board of Supervisor’s Representative – District 4 - Ajit Kaushal Staff: - Sheila Walsh - Chantel Atwood Sites - GMC Room 5,7B - Crossroads Room Jungle - Fairgrounds 3B, 6 Quality Monitoring Unit Needs & Eligibility QMU Needs & Eligibility located on CLOUDS Analyzed 10% of 216 files covering 4320 questions. 2025 CONTRA COSTA HEAD START Head Start Self-Assessment Report 4 Ayalew Lidete, 10 – 07 - 25   EMPLOYMENT & HUMAN SERVICES COMMUNITY SERVICES BUREAU 2025 SELF-ASSESSMENT MAY 5 -8, 2025 Key Findings Observations CLASS     Program Design Management and Improvement  . The 2024-2026 Community Assessment identified a 3% increase in the population of children aged 0-3. Contra Costa Head Start recognized the trend and made the proper adjustments.  Monthly monitoring data reports are shared with Senior Management, the Board of Supervisors and the Policy Council.  Contra Costa Head Start has taken a proactive approach in filling staffing gaps and ensuring manageable workloads to better serve families.  The Board of Supervisors actively engages in program design, management, and continuous improvement by reviewing monthly data reports and briefings on the health and performance of Head Start centers, ensuring informed decision-making and effective program oversight.  Partners are provided with ongoing monitoring data enabling, collaborative decision-making and shared accountability for program and outcomes. Education & Child Development Services  Use of Research-Based Curriculum o Creative Curriculum and Second Step allow the children to build skills such as language learning, thinking and social-emotional development. o ASQ (Ages & Stages Questionnaires) & DRDP (Desired Results & Developmental Profile) are used to screen every child within 45 days, allowing us to track their developmental process.  IEP (Individualized Education Plans) are used by teachers to adapt lesson plans for children with disabilities.  Early School Closures have given teachers an opportunity to receive more training on the latest trends and tools in teaching. Health Services  Sites have database systems that track medical, dental, and screening medical compliances.  All the sites follow health and sanitation procedures consistently.  Mental health consultants visit the sites consistently. Family & Community Engagement Services  Methods in which we contact and connect with families are robust; whether through apps, phone calls, conversations, bilingual support, we make sure that the families feel heard and understood. 2025 CONTRA COSTA HEAD START Head Start Self-Assessment Report 5 Ayalew Lidete, 10 – 07 - 25 EMPLOYMENT & HUMAN SERVICES COMMUNITY SERVICES BUREAU 2025 SELF-ASSESSMENT MAY 5 -8, 2025  SMART Goals are established not only to develop a plan for the families but to also for staff to offer continued support.  Training programs such as Make Parenting a Pleasure and Parent Resilience Training offer opportunities for families to continue supporting their child’s growth at home. Classroom Health & Safety  Classrooms consistently meet compliance in providing safe spaces for children to learn and develop. o Indicators on tools consistently show active supervision and secondary safety measures are present and fully utilized. o Non-compliances that are identified are resolved quickly to avoid potential health & safety concerns for children. Eligibility, Recruitment, Selection, Enrollment and Attendance  Point based system allows us to identify families with the highest needs.  Enrollment is tracked across all centers, and the CEU Manager provides monthly reports ensuring vacancies are quickly filled, keeping enrollment consistently at 97% or higher.  Through partnerships with school districts and the Part C Agency we are able to ensure children receive appropriate services and accommodation as indicated in their IFSPs and IEPs and that the program achieves its 10% disability enrollment requirement. Fiscal Oversight  The fiscal team works with systems such as Workday, EcoTime, and Time Study Buddy to track budgets, contracts, and expenses in an effective manner.  An approval chain is implemented to monitor purchase, reimbursements, and budget update. This helps prevent errors, ensures accountability, and aligns spending with program goals.  Fiscal staff are trained regularly in accordance with county, state and federal policies. QMU Needs & Eligibility  A compliance rate of 98% was achieved.  A review identified 2% of flies with missing signatures or dates on rquired documents such as admissions agreements and eligibility forms. Opportunities for Growth Family & Community Engagement Services  Of the rooms observed, 35% showed variation in how ERSEA and/or Health Service questions were addressed. Further analysis indicated that most of these variations were within partner locations, presenting an opportunity to strengthen consistency through more frequent discussions with partners. These ongoing conversations will help ensure we remain aligned in our approach. Develop an answer guide to Focus Area protocols to assist staff in better articulating what we do at Contra Costa Head Start.  Recommend Contra Costa Head Start Content Area Expert trains new Site Supervisor in Head Start Family and Community Partnership Performance Standards. Classroom Health & Safety  There were a few instances of inconsistent medication labeling, particularly with partners and the partner unit will provide training.  There were a few instances of inconsistent classroom sanitation protocols, particularly with partners and the partner unit will provide training. 2025 CONTRA COSTA HEAD START Head Start Self-Assessment Report 6 Ayalew Lidete, 10 – 07 - 25   EMPLOYMENT & HUMAN SERVICES COMMUNITY SERVICES BUREAU 2025 SELF-ASSESSMENT MAY 5 -8, 2025 Administrative  Implemented additional administrative review to verify that all admissions agreements eligibility forms are signed and dated prior to upload into CLOUDS.  Provided staff with a refresher training and updated internal checklists to ensure consistent documentation. Areas of Concern (Findings) None  No areas have been noted as requiring a corrective action plan. While there are areas for improvement, compliance is met and plans already exist to address recommended improvements. Action Plan  Based on findings from the 35% of classrooms observed, we prioritized addressing the variations in ERSEA and Health Services practices. Unform scripts and reference guides will be developed. We will develop consistent strategies for onboarding new Sites Supervisors and will dedicate a week each quarter to validate documentation accuracy with our management information systems. We will ensure that overall compliance is above 95%. Overall Observation  The 2025 HS Self-Assessment was highly successful. It identified areas for growth, such as strengthening training systems for new site supervisors and educators, while also affirming the progress achieved in modernizing operational practices. Results confirmed that CLASS scores exceeded the federal threshold by 20% demonstrating effectiveness of instructional practices and staff engagement. The strategic use of electronic databases has significantly enhanced the ability to access and analyze information efficiently, thereby allowing staff to concentrate on core program responsibilities rather than administrative tasks. Additionally, 70% of sites reported increased awareness and engagement with family and community partnerships services, reflecting responsiveness to family needs. These systems further ensure that information is available in real time, enabling timely adjustments in response to unforeseen circumstances. 2025 CONTRA COSTA HEAD START Head Start Self-Assessment Report 7 Ayalew Lidete, 10 – 07 - 25 EMPLOYMENT & HUMAN SERVICES COMMUNITY SERVICES BUREAU 2025 SELF-ASSESSMENT MAY 5 -8, 2025 1 /4 Fiscal Year 2026 Monitoring Process for Head Start Recipients headstart.gov/policy/im/acf-ohs-im-25-05 Fiscal Year 2026 Monitoring Process for Head Start Recipients ACF-OHS-IM-25-05 U.S. Department of Health and Human Services ACF Administration for Children and Families 1. Log Number: ACF-OHS-IM-25-05 2. Issuance Date: 09/25/2025 3. Originating Office: Office of Head Start 4. Key Words: Monitoring; FY 2026; CLASS® Information Memorandum To: All Head Start Grant Recipients Subject: Fiscal Year 2026 Monitoring Process for Head Start Recipients Information: Section 641A of the Improving Head Start for School Readiness Act of 2007 (the Act) requires the Office of Head Start (OHS) to monitor programs to make sure they meet quality and compliance standards. This Information Memorandum (IM) explains the monitoring process for fiscal year (FY) 2026, including updates to review formats and when reviews will take place during a grant period. OHS is committed to strong program management, protecting children’s health and safety, and ensuring effective oversight. To support these priorities, OHS has refined the monitoring approach to be more focused, efficient, and responsive to program needs. This year, updates to monitoring reviews include streamlining and clarifying review questions, reducing the total number of questions from 449 in FY25 to 203 for FY26 (54.8 percent decrease overall), and shortening on-site review days from 5 days to 3 or 3.5 days. These updates focus reviews on the most critical elements for child safety and program integrity, as well as reviewing for compliance with all applicable state statutes and regulations for licensing. These updates help strengthen systems early in the grant cycle, support fiscal integrity, and allow more on-site 2 /4 visits sooner in the process to ensure that there is a strong organizational foundation early in the grant cycle. Together, these updates keep our partnership with recipients strong while maintaining accountability to Head Start standards. FY26 Monitoring Review Types starting October 2025 Review Type FY26 Format Start Date Focus Area 1 (FA1): Program Systems Review Reviews foundational systems that ensure strong operations, fiscal integrity, and child safety across all sites. Reviews happen in years 1 or 2 of the grant; using both virtual and on-site formats. October 2025 Focus Area 2 (FA2): Comprehensive Services Review Reviews the quality of education, health, and family services to strengthen child and family outcomes, and ensures implementation of eligibility, recruitment, selection, enrollment, and attendance (ERSEA) requirements. Reviews happen in years three or four of the grant; using both virtual and on-site formats. October 2025 Classroom Assessment Scoring System (CLASS®) Reviews teacher-child interactions. Reviews happen in years two through four of the grant, using a self-recorded video submission. On-site reviews are available upon request. American Indian and Alaska Native (AIAN) programs have the option to conduct a self-review. October 2025 Follow-up Reviews Both virtual and on-site formats, aligned to the nature of the findings.As needed Risk Assessment Notification (RAN) Reviews Both virtual and on-site formats, aligned to the nature of the findings As needed Other/Special Reviews Conducted on-site or virtually, with or without notice.As needed Note: OHS has the right to conduct unannounced reviews at any time. FA1 Program Systems Review The FA1: Foundational Systems Review happens in the first or second year of the grant cycle and includes a mix of virtual and on-site formats. This review focuses on program systems that support high-quality services while eliminating unnecessary burden for recipients. This review helps OHS understand each recipient’s foundation for program services, including governance, staffing and supervision, service design, internal monitoring, fiscal capacity, and integrity, and ERSEA processes. This review type checks if programs meet the requirements of the Uniform Guidance, and the Head Start Act. Updates to the FA1 review this year include: Streamlining review questions – reducing the number of items reviewed in each content area by 30– 50 percent to improve efficiency while maintaining rigor. Focusing earlier on critical systems – incorporating fiscal, governance, and ERSEA into the FA1 review to assess these foundational areas sooner in the grant cycle. Adding on-site engagement – introducing an on-site component, in addition to virtual formats, to strengthen understanding of program operations and the systems in place to keep children safe. 3 /4 FA2: Comprehensive Services Review The FA2: Comprehensive Services Review happens in the third or fourth year of the grant cycle and includes a mix of virtual and on-site formats. This review gives recipients the chance to show how they deliver high-quality services to children and families that meet Head Start requirements. The review looks at the quality of education, health, and family services; checks that ERSEA requirements are met; and reviews fiscal capacity and integrity. It also helps OHS understand each recipient’s performance and confirm that programs meet the requirements of the Uniform Guidance, and the Head Start Act. Updates to the FA2 review this year include: Streamlining questions for clarity, making the review process more efficient and focused. Increasing the specificity of review items to provide more actionable feedback to recipients. Maintaining a strong focus on child safety, program quality, and fiscal integrity throughout the review process. Shortening the on-site portion from 5 days to 3.5 days, reducing burden while maintaining a thorough review. CLASS® Reviews Section 641A(c)(2)(F) of the Act requires OHS to assess the quality of teacher–child interactions using a valid and reliable observation measure. In FY26 OHS will continue using the 2008 edition of the CLASS Pre-K tool. Scores will count toward Designation Renewal System (DRS) decisions using the competitive thresholds set in the 2020 final rule on DRS changes. A 2024 rule delays the increase in the CLASS Instructional Support competitive threshold from 2.3 to 2.5 until August 1, 2027. In FY26, programs scheduled for a CLASS review will record and submit their own classroom videos (video review). On-site reviews with certified CLASS observers are available only by request. AIAN Head Start programs can choose to do a self-review for their CLASS review. All AIAN grant recipients have the option for a self-review, including those that have consolidated their Head Start program into an approved Pub. L. 102-477 Plan. All recipients will have the opportunity to attend information sessions specifically developed to discuss FY26 CLASS options, including a group of sessions convened specifically for AIAN recipients. RAN Reviews OHS conducts RAN reviews when there are serious child health or safety concerns due to a reported incident. These reviews start when OHS needs more information about a significant incident that occurred within a program. They focus on issues such as abuse, neglect, inappropriate conduct, inadequate supervision, or unauthorized release of a child. RAN reviews are designed to: Make sure serious incidents are reported quickly and accurately Identify any program or management issues that contributed to the incident Share the corrective actions that are needed Provide feedback to help programs prevent similar incidents in the future Other Reviews 4 /4 OHS may conduct special reviews when there are concerns that fall outside the regular monitoring schedule. These reviews can be done on-site or virtually and may take place with or without advance notice. OHS also has the right to conduct unannounced reviews at any time. Tribal Programs Integrated Under Pub. L. 102-477 Plans As required by law, OHS will continue to work with the Tribe and the Bureau of Indian Affairs to conduct monitoring and oversight. Tribal grant recipients that include their Head Start program in a Pub. L. 102- 477 plan should describe their monitoring approach in that plan. Information from these reviews helps determine continued Head Start funding through DRS. Programs may receive funds without competition only if the Administration for Children and Families (ACF) determines they provide a high-quality, comprehensive program. For Tribal programs that are integrated under a Pub. L. 102-477 plan and choose to participate in OHS monitoring, OHS will continue to conduct monitoring and a CLASS review (self-review option available) to help ACF confirm the program is delivering a high-quality, comprehensive program. Scheduling Each year, programs must submit a calendar showing when programs are open and when children are in session. OHS uses this calendar to schedule monitoring reviews. If the schedule changes, programs should update their calendar right away. OHS can only approve rescheduling in exceptional situations. OHS may also conduct reviews without advance notice. Communications Programs scheduled for a monitoring review in FY26 will receive a notification letter 45 days before the review starts. The assigned review lead will also schedule a planning call to discuss the review and learn about the program’s current service delivery. After the review, OHS will issue the report within 60 days. Questions For questions regarding FY26 monitoring, please contact the appropriate regional office. Thank you for the continued commitment to the success of Head Start children and families. Sincerely, / Tala Q. Hooban / Tala Q. Hooban CAPT, U.S. Public Health Service Acting Director Office of Head Start Addressing Vacant Slots Due to Chronic Absenteeism in Head Start Programs headstart.gov/policy/im/acf-ohs-im-25-06 Addressing Vacant Slots Due to Chronic Absenteeism in Head Start Programs ACF-OHS-IM-25-06 U.S. Department of Health and Human Services ACF Administration for Children and Families 1. Log Number: ACF-OHS-IM-25-06 2. Issuance Date: 09/26/2025 3. Originating Office: Office of Head Start 4. Key Words: Vacant Slots; Absenteeism; Enrollment Reporting; Attendance Information Memorandum To: All Head Start recipients, including Head Start Preschool, Early Head Start, Early Head Start-Child Care Partnerships, Collaboration Offices, and National Centers Subject: Addressing Vacant Slots Due to Chronic Absenteeism in Head Start Programs Information: This Information Memorandum (IM) clarifies policy guidance on vacant slots in Head Start programs, with a focus on vacant slots due to chronic absenteeism. Vacancies occur when a child who is enrolled in the program (and has attended previously) no longer attends for an extended period of time. This empty slot constitutes a missed opportunity for the child who is not attending a program and a missed opportunity for an eligible child who is waiting for Head Start services. Programs should work with the family to reinstate attendance or consider the slot vacant and fill it so the maximum number of eligible children can receive Head Start services. This IM clarifies when Head Start programs should consider a child’s slot vacant after long-term absences, underscores the importance of regular attendance, and offers strategies programs can use to enhance access and participation for children and families. 1/4 Clarifying Vacant Slot Requirements The Head Start Program Performance Standards (Performance Standards), specify that a Head Start program must maintain its funded enrollment level and fill any open slots as soon as possible and within 30 days (45 CFR §1302.15(a)). This does not supersede any requirements set by a state on the timely enrollment of children in state funded programs. The Office of Head Start (OHS) requires a program to report a slot as vacant as soon as the family or guardian communicates that the child is not returning to the program. The program must consider a slot vacant after a child has not attended for a maximum of 30 days (which should be counted as 30 consecutive calendar days) and a minimum of three attempts have been made to re-engage the family. Considering the slot vacant means the child will be unenrolled. This action is not considered expulsion as described in §1302.17. If a program has reserved one or more enrollment slots for children and pregnant women experiencing homelessness or children in foster care, it can hold that slot for 30 days (§1302.15(c)). If a reserved slot is not filled after 30 days, it becomes vacant and must be filled within 30 days. When filling vacant slots, programs are expected to refer to their waiting list, which ranks children according to the program’s selection criteria as outlined in §1302.14(c). The Performance Standards are also clear that programs must implement strategies to promote attendance, including using individual child attendance data to identify children with patterns of absence that put them at risk of missing 10 percent of program days per year. If a child ceases to attend, the program must make appropriate efforts to reengage the family to resume attendance (§1302.16(a)(3)). Efforts to reengage the family, at a minimum, include either directly contacting the parent or guardian or conducting a home visit. Each contact or attempted contact with the family must be documented in the child’s file or in the program’s record keeping system. Considerations for Exceptions The Performance Standards outline an expectation of filling any vacancies as soon as possible and within 30 days (§1302.15(a)), and OHS generally considers a slot to be vacant as soon as a family has confirmed the child is not returning to the program (or when a child has not attended for a maximum of 30 days), as described above. However, Head Start programs may develop policies and procedures that allow for limited exceptions to when a slot is considered to be vacant, as there are some unique circumstances that may factor into a child’s attendance. Some examples may include: extenuating family circumstances that require a family to travel out of the service area for more than 30 days, a child with an extended illness or requiring hospitalization, a family recovering from a disaster, or a family emergency that might hinder a family’s ability to ensure their child is able to get to the program. Programs must document the rationale for allowing the exception either in the child’s file or in their record keeping systems. In extraordinary circumstances, a child may be temporarily suspended from a Head Start program (§1302.17(a)). A temporary suspension may be used only as a last resort when there is a serious safety threat that has not been reduced or eliminated by the provision of interventions and supports recommended by the mental health consultant, and the program needs time to put appropriate services in place. In these instances, a temporary suspension would not count toward the maximum of 30 days before a slot is considered vacant. If a temporary suspension is deemed necessary, a program must help the child return to full participation in all program activities as quickly as possible while ensuring child safety. A program must explore and document all steps taken to address the behavior(s) and supports needed to facilitate the child’s safe reentry and continued participation in the program as outlined in §1302.17(a)(4). 2/4 If a program unenrolls a child due to chronic absenteeism, OHS encourages programs to allow the family to re-enroll upon return if there is a vacancy to accommodate them. If a program can no longer accommodate the family, it should place the child to the waitlist and help them identify an alternative care arrangement. Enrollment Reporting Reminders All Head Start programs must report their monthly enrollment in the Head Start Enterprise System (HSES) by Head Start Preschool and/or Early Head Start program within each grant (641A(h)(2)). Together, the following categories make up the total enrolled slots for the month: filled slots, reserved slots, and slots vacant for less than 30 days. Programs can make edits to reported monthly enrollment until a new reporting period opens. For the purposes of enrollment reporting, a slot that is vacant for less than 30 days is counted toward a program’s enrolled slots. Programs may report any slots that were vacant for less than 30 days as enrolled for the month. This allows the programs an opportunity to enroll another family. After 30 days, the slots can no longer be counted as enrolled slots (§1302.15(a)). At the beginning of the program year, all unfilled slots are considered vacant, unless they are reserved, and must be filled as soon as possible. Importance of Attendance and Preventing Chronic Absenteeism In Head Start programs, chronic absenteeism means missing 10 percent of program days per year. Chronic absenteeism, even among children in preschool and kindergarten, has been shown to be related to future chronic absenteeism, grade retention, and poor academic achievement.1 Children living in poverty are two to three times more likely to be chronically absent from school. Chronic absenteeism can have disproportionately negative impacts on children living in poverty because their families often lack access to resources needed to make up for the lost learning.2 Establishing a pattern of consistent attendance enhances children’s cognitive development, social skills, and long-term educational success. Strategies to Enhance Program Access and Participation for Children and Families Head Start programs are required to implement strategies to promote attendance (§1302.16(a)(2)). Here are a few strategies programs can use to address chronic absenteeism and boost regular attendance: Building relationships with families to improve communication. Program leadership should promote regular attendance by consistently sending the message that regular attendance is important for children’s success. Child and family services staff should reinforce this message by highlighting attendance during parent-teacher conferences and other engagement opportunities, and discussing the benefits of regular attendance with families. Programs should ensure that all staff can build trusting relationships with families. These relationships are the foundation for understanding any challenges a family and child may be facing. As part of these ongoing relationships, staff can have regular conversations with families about the value and benefits of attendance as well as problem solve about specific family circumstances that may be adversely affecting child attendance. Programs can engage in community partnerships that support child and family wellbeing and promote child attendance. Health and mental health providers, family support services, housing 3/4 organizations, and child care providers with extended days supports can all help programs to promote family and child wellness, stability, and child attendance. Programs must track attendance for every child. Programs must also examine barriers to regular attendance, such as access to safe and reliable transportation, and where possible, provide or facilitate transportation for the child if needed (§1302.16(a)(2)(v)). Programs must regularly review and analyze individual child-attendance data to identify trends and patterns in absences and develop targeted supports for families. If a program’s monthly average daily attendance rate falls below 85 percent, the program must analyze the causes of absenteeism to identify any systematic issues that contribute to the program’s absentee rate (§1302.16(b)). Programs should use health data to identify trends in children’s absences that are related to health and implement strategies that improve attendance. They can help improve attendance using policies and procedures that promote health, reduce the spread of illness, and prevent injury. Programs should individualize supports for each family when absences are related to health, and provide education and resources for family members to prevent illness and injury and identify when a child is sick and needs treatment. Programs must use a multidisciplinary approach that facilitates coordination and collaboration between mental health and other relevant program services, including as education, disability, family engagement, and health services. A multidisciplinary approach, including mental health consultants, can help programs identify why there may be chronic absenteeism and support children and families to attain regular attendance. Thank you for the work you do on behalf of children and families. Sincerely, / Tala Q. Hooban / Tala Q. Hooban CAPT, U.S. Public Health Service Acting Director Office of Head Start Resources: ERSEA [Eligibility, Recruitment, Selection, Enrollment and Attendance] Insights Addressing Barriers that Limit Attendance Health Services to Promote Attendance Eligibility Resources Enrollment: Creating Systems for Filling Every Seat Making Enrollment Accessible to Families 1 https://www.aap.org/en/patient-care/school-health/school-attendance 2 https://www.attendanceworks.org/chronic-absence/the-problem/ 4/4 Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements No.Performance Standard Summary Compliance Date* Compliance Status Description of Compliance / Recommended Actions 1 and Alaska Native (AIAN) program’s service area with age-eligible children, or pregnant women, are eligible for Head Start services, regardless of income.3/1/2024 n/a CCC does not operate an AIAN program. 2 (MSHS) programs may serve any child who has one family member whose income comes primarily from agricultural employment, regardless of total family income 3/1/2024 n/a CCC does not operate a MSHS program. prioritize children in families for which a child, a family member, or a member of the same household, is a member of an Indian tribe. MSHS programs may give priority to children whose families can demonstrate they have relocated frequently within the past two years CCC does not operate an AIAN or MSHS 4 1302.101(a)(2) Employee Engagement. A program must comply with enhanced requirements for employee engagement to promote more responsive management styles designed to identify and resolve barriers to high-quality job performance.10/21/2024 Reflective Supervision strategies to support meaningful and effective employee engagement and ongoing staff supervision. Upon hire, managers begin engagement through the onboarding process utilizing an orientation checklist specific to their job classification. Regular individual check-ins are facilitated by managers. Staff are engaged in goal-setting as a component of the annual performance evaluation. Background: The office of Head Start published timelines by which grant recipients must comply with the Head Start Program Performance Standards updated in the final rule, Supporting the Head Start Workforce and Consistent Quality Programming. The final rule was published in the Federal Register on August 21, 2024. *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 5 1302.101(a)(5), 1302.102(d) Training on Incident Reporting. A program must submit reports, as appropriate, to the responsible HHS official immediately but no later than seven calendar days following a health or safety incident. All staff are required to be trained to implement reporting procedures.10/21/2024 Compliant In 2023 CSB revised its procedures for reporting incidents, establishing expectations which ensure HHS official notification no later than seven calendar days following a reportable health or safety incident. 6 1302.12(i)(1) Housing Adjustment. A program may adjust a family’s income to account for excessive housing costs when determining eligibility.10/21/2024 Compliant of the Federal Poverty Level (FPL) for housing costs exceeding 30% and has implemented use of a calculation spreadsheet to adjust income accordingly. 7 infant or toddler and their family are deemed eligible, they are eligible until they turn three years old. This is consistent with the requirement that children participating in the Early Head Start program remain eligible for the duration of the program.10/21/2024 n/a 8 1302.13 Modernizing Recruitment. A program must include modern technologies to encourage and assist families in applying for admission to the program, and to reduce the family’s administrative and paperwork burden in the application and enrollment process.10/21/2024 Compliant families may submit an online application, call the enrollment hotline / Interactive Voice Response (IVR) system, and submit and/or sign eligibility documents electronically. 1302.14(a)(6) Children of Staff Members. A program may consider the enrollment of eligible children of staff members as part of the PC on 2/21/24 and BOS on 9/10/24 and is effective through 6/30/25. CCC may consider addition of children of staff members to the selection criteria when revising for the 2025- *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 10 1302.14(b)(1) Children with Disabilities Enrollment. A program must for services under the Individuals with Disabilities Education Act (IDEA).10/21/2024 Compliant CCC has historically met the 10% threshold when calculating percentage of children with a disability per cumulative enrollment. Our 2024 PIR indicated 13% of enrolled children had a disability. 1302.15(g) Modernizing Enrollment. A program must regularly examine their enrollment processes and implement any identified ongoing basis in order to identify improvements to streamline enrollment. For the 2024-25 program year on-site enrollment clinics are being facilitated at centralized locations in areas of the county with high 12 measure of last resort only when there is a serious safety threat. Programs must first engage with a mental health consultant, collaborate with the parents, and use appropriate community resources. Programs must explore and document all steps taken to address the behaviors and supports needed to facilitate the child’s safe reentry and continued participation in the program.10/21/2024 CSB's procedures currently align with this standard. CSB's step plan requires continued program participation are sufficiently documented. *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 13 1302.34(b)(9) Modernizing Communication. A program must ensure it uses accessible communication methods and modalities that meet the needs of the community when engaging with prospective and the enrollment process was modernized through use of innovative technologies: Interactive Voice Response (IVR) system, Short Messaging System (SMS), web-based application and resources page. Family meetings and trainings (including parenting curriculum) is offered in a virtual format. A communication survey is completed by families annually to ensure the program is utilizing communication methods that work 14 1302.40(b) Health and Mental Health Services Advisory Committee. Programs must establish and maintain a Health and Mental Health Services Advisory Committee.10/21/2024 Compliant Services Advisory committee which meets twice annually. The next meeting, scheduled for 12/5/24, will take place under the new name: Health, Mental Health, and Nutrition Services Advisory Committee. 1302.41, 1302.42(b), 1302.46(b) Mental Health Integration. These program requirements consistently integrate mental health into all under a multidisciplinary approach, with high levels of collaboration among the designated Health and Mental Health content area managers. For example, CSB facilitates monthly managers meetings and joint family meetings. CSB's model for comprehensive service delivery positions assistant managers who are generalists and obtain training from specialists in the areas of Health and Mental *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 16 1302.45(b) Mental Health Consultants. A program must ensure mental health consultants provide consultation services that build the The County's collaboration with the Early 17 1302.47(b)(10) Safety Practices – Lead. In facilities where lead may exist, programs must regularly inspect and test for the presence of lead and, as needed, conduct remediation and abatement.10/21/2024 Safety Code section 1597.16, which requires that all licensed Child Care Centers constructed before 1/1/2010, test their cold- water outlets used for drinking or cooking for lead by 1/1/23, and subsequent testing must occur every 5 years. 18 consultants, contractors, and volunteers follow appropriate practices with Child Abuse Prevention and Treatment Act (another federal statute).10/21/2024 2023, establishing a culture of safety including tools for active supervision and personal rights training. Annual trainings are provided which align with this standard. 19 1302.50(a) Modernizing Engagement with Families. Programs must communicate with families in a format that meets the needs of each individual family.10/21/2024 families annually to ensure the program is utilizing communication methods that work best for enrolled families. 20 Rating and Improvement System (QRIS) to the extent practicable if the state or local area has strategies in place to support their participation.10/21/2024 CCC HS centers currently participate in QRIS. 21 1302.80(d) Newborn Visit. A newborn visit must, at minimum, include a discussion of the following: maternal mental and physical health, safe sleep, infant health, and support for basic needs.10/21/2024 mental and physical health, safe sleep, infant health, and support for basic needs. *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 22 1302.81 Mental Health Information and Services Integration for Expectant Families. Programs must ensure the required prenatal and postpartum information, education, and services are provided to enrolled pregnant women, mothers, fathers, and partners or other Services to pregnant women include prenatal and postpartum information and education are provided to families enrolled through the County's partnerships with Aspiranet and curriculum in the provision of services to pregnant women and pregnant people, it should be a maternal health curriculum to support The Growing Great Kids® curriculum includes 24 consultants, contractors, and volunteers do not maltreat or endanger the health or safety of children, and that they report reasonably suspected or known incidents of child abuse and neglect.10/21/2024 CSB standards of conduct, signed by all staff, consultants and volunteers annually. 25 must ensure all mental health consultants are licensed or under the supervision of a licensed mental health professionals. Programs also must use mental health consultants with knowledge of and experience in serving young children and their families.10/21/2024 CCC partners with Early Childhood Mental Health Program for mental health consultation services. Licensure is a component of the contract. 26 develop professional development plans for full-time staff providing direct services to children, as required in Section 648A(f) of the Head Start Act.10/21/2024 Compliant incorporated into the annual performance evaluation for staff in classifications providing direct services to children. annual training on: (1) Mandatory reporting; (2) Positive strategies to and (3) The knowledge, experience, and competencies to improve All 3 topics are incorporated into the annual *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 28 1302.93(d) Culture of Wellness. wide culture of wellness that empowers staff as professionals and supports staff to effectively accomplish their job responsibilities in a high-quality manner.10/21/2024 and is maintained through work of CSB's wellness team, SIA, which focuses on Simple, Impactful and Actionable strategies to promote wellness. On 5/8/24, CSB facilitated an all-staff wellness event which included keynote speakers on DEI, training on stress reduction, as well as healthy cooking and painting sessions. CCC promotes wellness through offering a robust Employee Assistance Program (EAP). 29 1303.42 Suitable Facilities. Grant recipients are no longer required to confirming the lack of other suitable facilities in the area.10/21/2024 such written statements when submitting capital projects requests for applicable major renovation or construction projects utilizing federal funds. for reasonable fees and costs necessary to submit an application under §§1303.42 and 1303.44, they must be granted approval from the responsible HHS official. Once approval is granted, the funds are allowable regardless of the outcome of the preliminary eligibility CCC will request approval for use of federal funds for reasonable fees and costs necessary to submit a pre-approval application for major renovation or 1303.44 Application Requirements. application requirements, including the facility’s value and additional approval requirements when requesting to use federal funds for major renovation / *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 32 1305.2 Definitions. Programs must use new and revised definitions for "Early Head Start", "Federal interest", "Grant recipient", "Head Start", "Head Start agency", "Head Start Preschool", "Housing costs", "Income", "Major renovations", "Migrant family", "Poverty line", CCC is using new and revised definitions 33 services an enrolled pregnant woman or pregnant person receives, both from the program and through referrals, to help identify specific prenatal care services and resources needed to support a healthy pregnancy.12/19/2024 Compliant CCC currently maintains a record of services accessed by pregnant persons including rereferrals and services utilizing its child and family data system. 34 1302.80(f) Promoting Healthy Birth Outcomes. Programs must help address disparities in maternal and birth outcomes across racial and ethnic groups, using data to inform program services.2/18/2025 Through partnerships, CCC provides services to pregnant women which help address MDUSD Crossroads High School supports acheivement of high school diplomas and on- site prenatal and parenting classes to support posisitve outcomes among teen parents. (2) Aspiranet serves primarily Spanish-speaking families and adapts home visiting services based on needs assessment data collected from various screenings / assessments, including Life Skills Progression (LSP) and Patient Health Questionnaire (PHQ-4). geographic location, race, ethnicity, etc. Requires programs to conduct annual updates only as needed, such as if there are The program currently utilized a contractor who supplies a comprehensive community assessment with all required components *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 36 1302.14(d) Barriers to Enrollment. A program is required to use data from the community assessment to identify potential barriers to enrollment and attendance, including using data to understand on an ongoing basis and responding to potential barriers to enrollment and barriers to regular attendance, such as access to safe and reliable on an ongoing basis and responding to potential barriers to enrollment and 1302.23(b)(2–4) Family Child Care Option. Family child care (FCC) services must comply with specified child ratios and group sizes for programs. There is no longer reference to the term "assistant provider". All FCC providers who count toward ratios must meet the qualification requirements for FCC providers described CCC does not operate HS within the Family 39 1302.45(a) Multidisciplinary Approach. Programs must use a multidisciplinary approach to mental health and wellness supports. Mental health consultation services must be available at a frequency of at least once a month; if a mental health consultant is not available to provide services at least once a month, programs must use other licensed mental health professionals or behavioral health support specialists who coordinate with a mental health consultant.8/1/2025 Compliant Health Program (ECMHP) for mental health consultation services. The program revised its procedures to ensure oversight structure monitors for monthly availability of mental health consultation services. An expanded contract with ECMHP is anticipated to be approved by the BOS on 8/12/25. *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 40 1302.52(d) Family Partnership Services. Programs must ensure family service worker assignments do not exceed 40 families per family service worker. Programs may temporarily exceed the maximum during periods of staff absence and in emergency or recovery circumstances. A waiver is required to exceed the ratio of family assignments to family service worker if it will extend beyond a Children and Families issued an award for the Head Start grant. On March 19, 2024 (D. 4), the Board of Supervisors approved the submission of the grant application which includes new positions. This budget includes an increase in Comprehensive Services (family service worker) positions to lower 1302.93(c) Staff Breaks. A program must provide, for each staff member, regular breaks of adequate length and frequency based on hours worked. During breaks, one teaching staff member may be replaced by one staff member who does not meet the teaching the necessary training and experience to ensure safety of children and CCC complies with State and Federal requirements pertaining to staff breaks including meal breaks. Per the 2022-2026 Local One MOU employees are entitled to a rest break for each 4 hours of work. The new flexibilities of allowing a staff member to provide classroom coverage who does not *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 42 1302.90(f) Benefits. For full-time staff (working 30 or more hours per week) the program must provide or facilitate access to affordable health care coverage, offer paid leave, and offer access to short-term, free or minimal cost behavioral health services. Part-time staff must be connected with health insurance options in the Marketplace. Programs must connect eligible staff with child care subsidy programs and the Public Service Loan Forgiveness Program. Small Head Start agencies with 200 or fewer slots are exempt from most of the benefits requirements, but these agencies must still make measurable improvement in benefits for Head Start staff over time.8/1/2028 Staff scheduled to work at least 20 hours per week, CCC provides affordable health care coverage. Part-time staff are connected with health insurance options. The program is in the process of identifying a process which ensures staff are connected with child care subsidy programs and the Public Service Loan Forgiveness Program. 1302.90(e)(1) Pay scale. (i) By August 1, 2031, a program must implement a salary scale, salary schedule, wage ladder, or other similar pay structure for program staff salaries that incorporates the requirements in paragraphs (e)(2) through (4) of this section; reflects salaries or wages for all other staff in the program; promotes salaries that are comparable to similar services in relevant industries in their geographic area; and considers, at a minimum, responsibilities, qualifications, experience relevant to the position, and schedule or hours worked. (ii) After August 1, 2031, a program must review its pay structure at least once every 5 years to assess whether it continues to meet the expectations described in paragraph (e)(1)(i) of this section. (iii) A program must ensure that staff salaries are not in excess of level The Program will work with HR on a salary study which compares similar services in relevant industries in Contra Costa County. *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 44 1302.90(e)(2) Progress to pay parity for education staff with elementary school staff. (i) By August 1, 2031, a program must demonstrate it has made progress to parity with kindergarten through third grade teachers by ensuring that each Head Start teacher receives an annual salary that is at least comparable to the annual salary paid to preschool teachers in public school settings in the program’s local school district, adjusted for responsibilities, qualifications, experience, and schedule or hours worked. A program may provide annual salaries comparable to a neighboring school district if the salaries are higher than a program’s local school district, adjusted for role, responsibilities, qualifications, experience, and The Program will work with HR on a salary study which compares CCC teacher salary to school district preschool teachers. The program in is the process of developing a process to ensure it regularly tracks data on how wages paid to their education staff compare to wages paid to preschool through third grade teachers in their local or 45 1302.90 (3) Salary floor. By August 1, 2031, a program must ensure, at paragraph (e)(1)(i) of this section provides all staff with a wage or salary that is generally sufficient to cover basic needs such as food, housing, utilities, medical costs, transportation, and taxes, or would be sufficient if the worker’s hourly rate were paid according to a full- time, full-year schedule (or over 2,080 hours per year). (4) Wage comparability for all ages served. A program must ensure the wage or salary structure established or updated under paragraph (e)(1)(i) of this section does not differ by age of children served for similar program staff positions with similar qualifications and experience.8/1/2031 The Program will work with HR and labor on a salary study which compares salary structure to salary that is generally sufficient to cover basic needs. CCC currently has the same salary schedule for staff providing to instruction to all ages served. *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements Contra Costa County Employment and Human Services Updated Head Start Program Performance Standard Requirements Compliance Compliance Description of Compliance / Recommended 46 are exempt from most of the wage requirements, but these agencies must still develop or update a pay scale that promotes competitive wages for all staff, and make measurable progress toward reducing disparities in wages between Head Start educators and public preschool teachers over time. The final rule includes an option for the Secretary of the Department of Health and Human Services (HHS) to establish in 2028 a limited waiver process for most of the wage requirements for eligible programs, if the prior four years of of 1.3%.8/1/2031 CCC HS program serves more than 200 slots. *eclkc.ohs.acf.hhs.gov/publication/timeline-compliance-updated-performance-standard-requirements 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4446 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:RECEIVE the Sheriff's Oversight Report for the quarter ending September 30, 2025. (David Livingston, Sheriff-Coroner) Attachments:1. 2025 Q3 Quarterly Report to Board of Supervisors.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass 5:0 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Sheriff's Oversight Report for the quarter ending September 30, 2025 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RECEIVE the Sheriff's Oversight Report for the quarter ending September 30, 2025. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: On August 9, 2022, the Board of Supervisors approved the implementation of a quarterly Oversight Report as recommended and outlined by the Public Protection Committee. The proposed quarterly reports will improve communication between the Sheriff’s Office, the Board of Supervisors, and the community while providing greater transparency. The quarterly reports will provide an update regarding the activities of the Sheriff’s Office and allow for questions and public discussion of operational issues. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not receive the report. CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 1 powered by Legistar™ 2024 2025 January to March 3,506 3,920 April to June 3,607 4,011 July to September 3,876 4,152 YTD Total 10,989 12,083 2 2024 2025 January to March 402 517 April to June 489 565 July to September 462 510 YTD Total 1,353 1,592 3 *Sheriff’s Office bookings include Court Remands and Removal Orders from State Prison American Indian 0 0% Asian 10 1%Black 238 29% Hispanic 303 36% Unknown 37 4% White 246 30% CCCSO Booking by Race Total Bookings 834 Census Data: https://www.contracosta.ca.gov/DocumentCenter/View/72110/ Contra-Costa-County-Places-Data-Profiles---2020-Redistricting- Data-PDF Persons Arrested/Booked & Census Data 4 American Indian 0 0%Asian 3 5%Black 4 7% Hispanic 12 21% Unknown 8 14% White 31 53% Danville PD Booking by Race Total Bookings 58 American Indian 0 0% Asian 3 5% Black 15 24% Hispanic 17 27% Unknown 4 7% White 23 37% Lafaye�e PD Booking by Race Total Bookings 62 Persons Arrested/Booked & Census Data 5 American Indian 0 0% Asian 1 2%Black 12 20% Hispanic 20 33%Unknown 6 10% White 21 35% Orinda PD Booking by Race Total Bookings 60 Persons Arrested/Booked & Census Data 6 American Indian 0 0% Asian 6 2% Black 168 46% Hispanic 86 24% Unknown 18 5% White 83 23% An�och PD Booking by Race Total Bookings 361 American Indian 0 0%Asian 7 3% Black 54 25% Hispanic 74 35% Unknown 15 7% White 63 30% Brentwood PD Booking by Race Total Bookings 213 Persons Arrested/Booked & Census Data 7 American Indian 0 0% Asian 7 2%Black 70 20% Hispanic 170 48% Unknown 27 7% White 83 23% Concord PD Booking by Race Total Bookings 357 American Indian 0 0% Asian 4 4% Black 42 48% Hispanic 22 25% Unknown 7 8% White 13 15% El Cerrito PD Booking by Race Total Bookings 88 Persons Arrested/Booked & Census Data 8 American Indian 0 0% Asian 2 3% Black 25 41% Hispanic 20 33% Unknown 4 7% White 10 16% Hercules PD Booking by Race Total Bookings 61 American Indian 0 0% Asian 2 2%Black 14 13% Hispanic 22 21% Unknown 7 6% White 62 58% Mar�nez PD Booking by Race Total Bookings 107 Persons Arrested/Booked & Census Data 9 American Indian 0 0% Asian 1 9% Black 5 46%Hispanic 2 18% Unknown 0 0% White 3 27% Moraga PD Booking by Race Total Bookings 11 American Indian 0 0% Asian 1 1% Black 30 35% Hispanic 25 29% Unknown 8 9% White 22 26% Oakley PD Booking by Race Total Bookings 86 Persons Arrested/Booked & Census Data 10 American Indian 0 0% Asian 2 4% Black 23 44% Hispanic 11 21% Unknown 2 4% White 14 27% Pinole PD Booking by Race Total Bookings 52 American Indian 0 0% Asian 4 1% Black 101 40% Hispanic 81 32% Unknown 16 6% White 53 21% Pi�sburg PD Booking by Race Total Bookings 255 Persons Arrested/Booked & Census Data 11 American Indian 0 0% Asian 2 2%Black 31 25% Hispanic 34 27% Unknown 7 5% White 52 41% Pleasant Hill PD Booking by Race Total Bookings 126 American Indian 0 0% Asian 4 1% Black 140 48%Hispanic 110 37% Unknown 19 7% White 21 7% Richmond PD Booking by Race Total Bookings 294 Persons Arrested/Booked & Census Data 12 American Indian 0 0% Asian 14 4% Black 102 32% Hispanic 135 42% Unknown 18 6% White 51 16% San Pablo PD Booking by Race Total Bookings 320 American Indian 0 0% Asian 4 4% Black 38 37% Hispanic 16 16% Unknown 21 20% White 24 23% San Ramon PD Booking by Race Total Bookings 103 Persons Arrested/Booked & Census Data 13 American Indian 0 0% Asian 5 2% Black 54 26% Hispanic 49 24%Unknown 17 8% White 83 40% Walnut Creek PD Booking by Race Total Bookings 208 Persons Arrested/Booked & Census Data *Agencies with less than 10 arrests are not listed in the pie charts* 14 American Indian 0 0% Asian 0 0% Black 54 59% Hispanic 19 21% Unknown 5 6% White 13 14% Bart PD Booking by Race Total Bookings 91 American Indian 0 0% Asian 13 4% Black 77 24% Hispanic 151 48% Unknown 17 5% White 59 19% CHP Booking by Race Total Bookings 317 *These agencies do not have corresponding census data* American Indian 0 0% Asian 3 12% Black 11 44% Hispanic 2 8% Unknown 3 12% White 6 24% CCC Proba�on Booking by Race Total Bookings 25 American Indian 0 0% Asian 0 0% Black 6 24% Hispanic 10 40% Unknown 1 4% White 8 32% EBRP PD Booking by Race Total Bookings 25 Persons Arrested/Booked & Census Data 15 Prior Felony by Race & Percentage of Jail Population American Indian 0 0% Asian 16 3% Black 250 41% Hispanic 195 32% Unknown 27 4% White 122 20% American Indian Asian Black Hispanic Unknown White Total ADP 964 Total Prior Felony 610 (63%of Total ADP) Custody Alternative Facility 16 Asian 31 6%Black 115 23% Hispanic 233 47% White 95 19% Other 27 5% Average Popula�on by Race Successful Program Comple�on 415 74% Court -PO No�fied / Return to Custody 143 26% Program Outcome Comple�on No�fied FY 24/25 CAF Detention Incarcerated Person Average Daily Cost $29 $257 *CAF operated with a $4,754,854 budget for fiscal year 24-25* 17 On August 26th Custody Alternative received a strap alert notification that a subject had removed his ankle monitor after leaving a residential drug addiction program. The device was located a short distance from the recovery house along a canal trail. The following day a warrant was issued by the court, and the subject was located and returned to custody. Agency January to March 2025 April to June 2025 July to September 2025 YTD 2025 Office of the Sheriff 606 746 834 2,186 Office of the Sheriff – CAF 517 565 510 1,592 Antioch PD 295 325 361 981 BART PD 92 122 91 305 Brentwood PD 228 198 213 639 CHP Martinez 240 240 269 749 Clayton PD 14 12 2 28 Concord PD 386 406 357 1,149 Danville PD 35 33 58 126 East Bay Regional Park Police 18 14 25 57 El Cerrito PD 74 77 88 239 Hercules PD 66 58 61 185 Kensington PD 7 9 3 19 18 Agency January to March 2025 April to June 2025 July to September 2025 YTD 2025 Lafayette PD 50 54 62 166 Martinez PD 101 115 107 323 Moraga PD 8 14 11 33 Oakley PD 101 84 86 271 Orinda PD 59 48 60 167 Pinole PD 59 59 52 170 Pittsburg PD 243 261 255 759 Pleasant Hill PD 126 110 126 362 Richmond PD 345 325 294 964 San Pablo PD 304 286 320 910 San Ramon PD 103 91 103 297 Walnut Creek PD 236 209 208 653 19 Agency January to March 2025 April to June 2025 July to September 2025 YTD 2025 Amtrak Police 2 2 2 6 CCC College Police 6 2 2 10 Contra Costa DA 0 2 0 2 Contra Costa Probation 27 29 25 81 CHP Oakland and Solano 45 34 48 127 Fire Inspector 3 2 2 7 Other (Non-county)8 10 7 25 State Agencies (Other)2 5 2 9 State Parole 12 16 13 41 US Marshal 19 12 5 36 Total 4,437 4,575 4,662 13,674 20 Arrest Data by City of Residence 1 9 2 61 1 158 1 9 12 13 1 1 1 1 7 1 1 60 1 3 4 5 10 3 3 19 1 12 1 1 1 12 3 1 2 1 1 2 1 1 2 1 30 1 1 1 1 2 13 1 25 16 11 11 1 1 9 62 2 12 1 1 1 114 37 10 1 38 5 6 67 3 3 1 4 2 1 2 11 1 1 1 1 4 22 14 2 Arres�ng Agency: CCCSO Arrest Data by City of Residence 315 1 4 13 1 2 1 1 1 1 1 1 1 1 19 6 1 5 19 1 3 4 1 2 1 1 2 1 1 3 5 1 1 1 Arres�ng Agency: An�och PD Arrest Data by City of Residence 1 59 2 3 1 108 1 6 1 1 1 4 1 1 1 1 1 4 10 3 15 1 1 2 1 1 1 2 1 1 6 1 2 1 Arres�ng Agency: Brentwood PD Arrest Data by City of Residence 16 1 11 1 2 1 1 346 1 1 1 1 1 1 1 1 5 1 1 6 4 5 1 15 3 1 6 1 3 1 2 2 1 1 1 1 3 6 4 Arres�ng Agency: Concord PD Arrest Data by City of Residence 1 1 1 1 3 22 1 1 1 1 1 2 5 1 1 1 1 3 8 1 1 4 Arres�ng Agency: Danville PD Arrest Data by City of Residence 22 1 4 1 2 1 2 1 1 1 1 1 1 45 4 1 4 1 1 1 Arres�ng Agency: Oakley PD Arrest Data by City of Residence 1 26 2 5 6 2 1 1 1 5 15 1 1 199 3 1 1 8 2 2 2 3 1 1 Arres�ng Agency: Pi�sburg PD Arrest Data by City of Residence 1 4 3 3 1 1 1 1 1 1 3 5 3 1 1 2 1 1 12 2 1 2 1 258 2 1 9 8 19 3 2 1 7 1 Arres�ng Agency: Richmond PD Arrest Data by City of Residence 1 1 2 1 1 2 5 2 3 1 1 3 6 1 1 1 1 5 1 2 1 1 1 1 1 14 5 5 1 39 1 1 1 1 1 1 1 Arres�ng Agency: San Ramon PD Arrest Data by City of Residence 1 5 12 3 2 1 4 3 28 1 2 2 1 1 1 8 2 8 6 1 9 1 1 1 1 10 2 6 2 2 1 17 2 1 2 2 1 1 1 3 1 1 7 60 Arres�ng Agency: Walnut Creek PD Male Female Other January to March 3,470 966 1 April to June 3,588 987 0 July to Sept 3,640 1,022 0 YTD Total 10,698 2,975 1 31 January to March 2025 April to June 2025 July to September 2025 YTD 2025 Custody Alternative Facility 544 643 699 629 Marsh Creek Detention Facility 37 34 32 34 Martinez Detention Facility 438 422 442 434 West County Detention Facility 486 493 490 490 *Other 98 100 101 100 32 **The number shown is an average of the daily population added together divided by the days in a month Pre-Trial July to Sept 2025 Post-Trial July to Sept 2025 Custody Alternative Facility 135 564 Marsh Creek Detention Facility 15 26 Martinez Detention Facility 392 50 West County Detention Facility 372 118 *Other 90 36 33 The number shown is an average of the daily population added together divided by the days in a month. 0 2024 2025 January to March 0 0 April to June 0 0 July to September 1 0 YTD Total 1 0 34 2024 2025 January to March 8 12 April to June 14 12 July to September 15 6 YTD Total 37 30 2024 2025 January to March 15 24 April to June 14 15 July to September 21 13 YTD Total 50 52 35 2024 2025 January to March 127 141 April to June 147 152 July to September 155 240 YTD Total 429 533 2024 2025 January to March 36 27 April to June 34 28 July to September 33 40 YTD Total 103 95 36 2024 2025 January to March 3 1 April to June 2 3 July to September 1 5 YTD Total 6 9 2024 2025 January to March 33 26 April to June 32 28 July to September 32 40 YTD Total 97 94 37 38 The Medical Monitor conducted an on-site visit at MDF and WCDF on August 11, 2025. The primary focus of the visit was to evaluate the medical services provided and their accessibility. The Medical Monitor commended the quality of care provided within CSB. 39 An Unannounced Inspection of the Contra Costa County Sheriff’s Office was completed for West County Detention Facility (WCDF) on Tuesday, July 22, 2025. No items of non-compliance were found. This inspection was conducted pursuant to Penal Code Section 6031 to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. 40 41 2024 2025 January to March 65,910 86,723 April to June 71,988 75,416 July to September 76,965 79,430 Total 214,863 241,569 2024 2025 January to March 35,281 39,348 April to June 38,088 43,193 July to September 41,570 45,844 Total 114,939 128,385 42 2024 2025 January to March 13 8 April to June 8 9 July to September 10 13 Total 31 30 43 2024 2025 January to March 236 329 April to June 259 350 July to September 309 397 Total 804 1,076 2024 2025 January to March 74 184 April to June 111 186 July to September 139 181 Total 324 551 44 87 2024 2025 January to March 97 74 April to June 108 64 July to September 87 61 Total 292 199 45 2024 2025 January to March 269 261 April to June 256 239 July to September 263 260 Total 788 760 2024 2025 January to March 228 237 April to June 231 210 July to September 234 221 Total 693 668 2024 2025 January to March 41 24 April to June 25 29 July to September 29 39 Total 95 92 46 2024 2025 January to March 1 0 April to June 2 1 July to September 2 1 Total 5 2 2024 2025 January to March 88 73 April to June 72 71 July to September 90 79 Total 250 223 47 48 303 Total Evictions in Q3 July Evictions – 118 August Evictions – 92 September Evictions – 93 49 Attempted Murder: On August 25th, an AC Transit bus operator was stabbed multiple times on a bus in Richmond. Three citizens on the bus intervened and detained the suspect until deputies arrived. These citizens will be recognized at an upcoming award ceremony. Firearms Recovery: During August, Sheriff’s Office Detectives recovered a significant number of firearms from a suspect conducting illegal firearms sales. 50 During a traffic stop, K9 Otis alerted to the possible presence of narcotics in a vehicle. A search of the vehicle resulted in the discovery of narcotics and cash. In another instance, K9 Otis alerted his handler to the possible presence of narcotics, leading to the discovery of methamphetamine and crack cocaine. A search warrant was obtained and executed at the suspect’s home where a firearm and additional narcotics were seized. 2024 2025 January to March 203 227 April to June 168 215 July to September 212 223 Total 583 665 2024 2025 January to March 122 148 April to June 96 126 July to September 114 152 Total 332 426 51 2024 2025 January to March 31 11 April to June 22 11 July to September 9 17 Total 62 39 2024 2025 January to March 3 11 April to June 11 7 July to September 7 4 Total 21 22 52 2024 2025 January to March 38 18 April to June 24 25 July to September 25 19 Total 87 62 53 2024 2025 January to March 6 3 April to June 3 5 July to September 5 6 Total 14 14 2024 2025 January to March 0 0 April to June 0 0 July to September 0 0 Total 0 0 * Government Code 12525.2 requires every law enforcement agency to furnish a monthly report to the Department of Justice, for all instances when a peace officer is involved in any of the following: o An incident involving the shooting of a civilian by a peace officer o An incident involving the shooting of a peace officer by a civilian o An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death o An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death 54 55 Total active CCW’s: 2,087 Approved Renewed Denied January to March 318 173 60 April to June 525 132 93 July to September 204 181 30 YTD Total 1,047 486 183 56 •Temporary Programmer hired. •Interviews in progress for full time programmers. •Finalizing the selection of the operating platform for the portal dashboard. •Initial portal is up and running with past Quarterly Oversight Reports: https://www.cocosheriff.org/community- information/transparency-portal •Anticipated to be operational with major data components in July 2026. On August 5, 2025, CCCSO staff participated in multiple National Night Out events held throughout the county, including in the City of Martinez, Discovery Bay, Clayton, Bethel Island, and Danville. 57 The Fall 2025 Citizens Academy kicked off during the second week of September with 18 participants. Participants will learn about the Sheriff’s Office, Emergency Services, Dispatch, the Coroner’s Division, Field Operations, Custody Services, etc. They will participate in behind- the scenes tours and hands-on activities such as simulated traffic stops. 58 In September, members of the CCCSO attended the Women Leaders in Law Enforcement (WLLE) Conference. The event brought together nearly 2,000 sworn and professional attendees. It was a powerful opportunity for our staff to learn, connect, and grow alongside inspiring leaders dedicated to serving their communities. 59 60 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4324 Name: Status:Type:Consent Item Agenda Ready File created:In control:9/15/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 Title:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Mark Melvin, for a south-facing T-hangar at Buchanan Field Airport effective September 12, 2025, in the monthly amount of $372, Pacheco area. (100% Airport Enterprise Fund) Attachments:1. Hangar Rental Agreement Action ByDate Action ResultVer.Tally approved the Consent AgendaBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Greg Baer, Director of Airports Report Title:Approve and Authorize the Director of Airports, or designee, to execute a hangar rental agreement at Buchanan Field Airport ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Director of Airports,or designee,to execute a month-to-month hangar rental agreement with Mark Melvin,for a south-facing T-hangar at Buchanan Field Airport effective September 12, 2025, in the monthly amount of $372, Pacheco area (District IV). FISCAL IMPACT: The Airport Enterprise Fund will receive $4,464 annually. BACKGROUND: On November 14,2006,the Contra Costa County Board of Supervisors approved the form of the T-Hangar and Shade Hangar Rental Agreement for use with renting the County's t-hangars,shade hangars,medium hangars, and executive hangars at Buchanan Field Airport. On February 23,2007,Contra Costa County Board of Supervisors approved the new Large Hangar Rental Agreement for use with the large East Ramp Hangars. On January 16,2009,Contra Costa County Board of Supervisors approved an amendment to the T-Hangar and Shade Hangar Rental Agreement and the Large Hangar Rental Agreement (combined "Hangar Rental Agreements").The Hangar Rental Agreements are the current forms in use for rental of all the County hangars at Buchanan Field Airport. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 2 powered by Legistar™ File #:25-4324,Version:1 A negative action will cause a loss of revenue to the Airport Enterprise Fund. CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4325 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ACCEPT Board members meeting reports for September 2025. Attachments:1. District III September 2025 report.pdf, 2. District IV September 2025 report.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Accept Board members meeting report for September 2025 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT Board Districts III & IV meeting reports for September 2025. District I, II, and V have nothing to report. 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. Districts 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 12/31/2025Page 1 of 2 powered by Legistar™ File #:25-4325,Version:1 CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 2 powered by Legistar™ Date Meeting Name Location 16-Sep Board of Supervisors Meeting Martinez 30-Sep Meeting with Sheriff David Livingston Martinez Supervisor Ken Carlson - September 2025 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 Meeting Supervisor Ken Carlson - September 2025 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 Purpose 9-Sep Board of Supervisors Martinez Meeting 10-Sep LAFCO Martinez Meeting 11-Sep TRANSPLAN/ ECCRFFA/ SR4BPA Antioch Meeting 16-Sep Board of Supervisors Martinez Meeting 17-Sep CCTA Walnut Creek Meeting 18-Sep Retirement Lunch- Delta Protection Commisson Pleasant Hill/ Sacramento Event/ Meeting 24-Sep Tri Delta Transit Antioch Meeting Supervisor Diane Burgis - September 2025 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:1RES 2025- 344 Name: Status:Type:Consent Resolution Passed File created:In control:7/18/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-344 declaring October 2025 as Head Start Awareness Month in Contra Costa County as recommended by the Employment and Human Services Director. Attachments:1. signed Res 2025-344 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Proclaim October 2025 as Head Start Awareness Month ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a resolution declaring October 2025 as Head Start Awareness Month on its 60 th Anniversary. FISCAL IMPACT: No fiscal impact from this action. BACKGROUND: October is Head Start Awareness Month and this year also marks Head Start’s 60th anniversary. Launched in 1965 by President Lyndon B. Johnson, Head Start was built on the simple yet powerful belief that every child, no matter their background, deserves the opportunity to succeed. Since then, Head Start has impacted the life circumstances of more than 40 million children and families nationally through improving health, preparation for kindergarten, and the likelihood of graduating high school and going on to post-secondary education. Across the country, Head Start programs and supporters have been celebrating the 60th anniversary throughout 2025. In Contra Costa County, we are celebrating it along with Head Start Awareness Month in October. For Contra Costa County, the Employment and Human Services Department’s Community Services Bureau is the Head Start grantee. Originally receiving a Head Start grant in 1965, we opened our first centers in 1966 and have been serving children ever since. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 3 powered by Legistar™ File #:RES 2025-344,Version:1 No recognition of Head Start Awareness Month. CHILDREN’S IMPACT STATEMENT: This resolution supports all five of Contra Costa County's community outcomes: (1)"Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families". The Board of Supervisors of Contra Costa County, California IN THE MATTER OF proclaiming October 2025 as Head Start Awareness Month in Contra Costa County on its 60th anniversary: WHEREAS,Head Start is rooted in the belief that every child should have the opportunity to succeed in life, and addresses factors inside and outside the classroom that may create barriers; and WHEREAS, Head Start has operated for 60 years in all 50 states annually reaching more than 750,000 children from birth to age five, including infants, toddlers, and expectant parents whose families face economic and social hardships; and WHEREAS, in Contra Costa County, the Employment and Human Services Department’s Community Services Bureau originally received a Head Start grant in 1965, and opened its first centers in 1966, serving children and families continuously ever since; and WHEREAS, the Head Start model uses a comprehensive, community-driven approach by focusing on education; medical, dental, vision, nutrition, and additional health services; parent involvement and support; and early intervention; and WHEREAS, in Fiscal Year 2024-25, Contra Costa County’s Head Start program served 1,706 children and expectant parents through its directly operated and partner early childhood education centers; and WHEREAS, in Fiscal Year 2024-25, Contra Costa County’s Head Start program supported 796 families of enrolled children through education about preventative medical and oral health, supported 200 families with financial services, educated 169 families about nutrition, and educated 114 families about post-partum care; and WHEREAS, in Fiscal Year 2024-25, the pre-kindergarten children enrolled in Contra Costa County’s Head Start program exceeded five development goals linked to their kindergarten readiness levels with 95% meeting the physical development and health goal, 92% meeting the social and emotional development goal, 88% meeting the language and literacy development goal, 84% meeting the approaches to learning self-regulation goal, and 84% meeting the cognition including math and science goal; and WHEREAS, more than 40 million Americans who have attended Head Start credit the program with setting them on the path to success in their future education and life, exemplifying the transformative power of the CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 3 powered by Legistar™ File #:RES 2025-344,Version:1 Head Start model; and WHEREAS, for 60 years, Head Start has had bipartisan support, affirming its role as the nation’s flagship early learning program and as a cornerstone of American health and economic mobility. NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby recognizes October 2025 as Head Start Awareness Month in Contra Costa County in recognition of its remarkable contributions to children, families, and communities for 60 years, and its ongoing commitment to brightening the future of our country. CONTRA COSTA COUNTY Printed on 12/31/2025Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 350 Name: Status:Type:Consent Resolution Passed File created:In control:9/15/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-350 recognizing October 21, 2025 as Donna Arganbright Day in Contra Costa County as recommended by Supervisor Andersen. Attachments:1. signed Res 2025-350 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Candace Andersen, District II Supervisor Report Title:Resolution recognizing October 21, 2025 as Donna Arganbright Day in Contra Costa County As recommended by Supervisor Andersen. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Resolution recognizing October 21, 2025 as Donna Arganbright Day in Contra Costa County As recommended by Supervisor Andersen. FISCAL IMPACT: No fiscal impact BACKGROUND: Resolution recognizing Donna Arganbright as she is stepping down from Lamorinda Arts Alliance as their past President for 15 years. CONSEQUENCE OF NEGATIVE ACTION: No negative action CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 3 powered by Legistar™ File #:RES 2025-350,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF Resolution Recognizing October 21, 2025 as Donna Arganbright Day in Contra Costa County WHEREAS: For over 15 years, Donna Arganbright has served as the President of the Lamorinda Arts Alliance providing leadership supporting the Arts in Contra Costa County; and WHEREAS: Under her leadership, the Lamorinda Arts Alliance is recognized now as a vital service for artists wanting to grow and contribute to the development of the arts in our communities; and WHEREAS: Donna is a experienced artist and now retired art teacher, providing a lifetime of support and encouragement for arts appreciation; and WHEREAS: older adults in our county have also greatly benefitted from Donna’s leadership as the Lamorinda Arts Alliance also actively involves our seniors in staying active and connected to the arts and the larger community providing greater enrichment to our community as a whole; and WHEREAS: under her leadership, the Lamorinda Arts Alliance actively supports other arts organizations in Contra Costa County with donations of time and funds. CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 3 powered by Legistar™ File #:RES 2025-350,Version:1 NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Contra Costa County does hereby declare the day of October 21, 2025 as “Donna Arganbright Day” and urges all residents to celebrate and continue growing the Arts in our County; and BE IT FURTHER RESOLVED, that the Board of Supervisors encourages residents to recognize the valuable contribution of leadership of Donna Arganbright for her support of artists and cultural organizations that make Contra Costa County such a special place to live, work, and visit. CONTRA COSTA COUNTY Printed on 12/31/2025Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 351 Name: Status:Type:Consent Resolution Passed File created:In control:9/25/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-351 proclaiming October 20, 2025, as “Community Media Day” in Contra Costa County, as recommended by the Director of the Office of Communications & Media. Attachments:1. signed Res 2025-351 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristi Jourdan, Communication and Media Director Report Title:ADOPT resolution proclaiming October 20, 2025, as “Community Media Day” in Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT resolution proclaiming October 20, 2025, as “Community Media Day” in Contra Costa County, as recommended by the Director of the Office of Communications & Media. FISCAL IMPACT: No fiscal impact. BACKGROUND: In October 2023, the Board of Supervisors first began participating in Community Media Day and Free Speech Week. Since then, the County has joined community media partners nationwide in the annual celebration of voices that bring awareness to the importance of free speech and accessible media. Community Media includes locally owned platforms, such as radio stations, television channels, and newspapers, that amplify underrepresented voices and enable them to share their unique stories with the community. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will not declare October 20 as Community Media Day. CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 3 powered by Legistar™ File #:RES 2025-351,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF recognizing Community Media Day and Free Speech Week WHEREAS, the Office of Communications & Media upholds free speech, government transparency, and accountability as essential pillars of democracy, values that continue to spark important discussion locally and nationally; and WHEREAS,Community Media Day and Free Speech Week are celebrated each year to recognize the power of free expression and accessible media in fostering informed, engaged, and empowered communities; and WHEREAS,community media organizations provide platforms for diverse voices through public, educational, and government access channels, community radio, local newspapers, and other outlets that amplify underrepresented perspectives; and WHEREAS, access to information in today’s media environment is critical for the healthy functioning of our community; and WHEREAS,community media is locally owned and shaped by community needs, ensuring all residents have the opportunity to share their stories and be heard; and WHEREAS, the Office of Communications & Media delivers essential public information on County programs, events, public safety, and emergency response, while supporting the communications needs of all County departments; and WHEREAS,CCTV, as a public service of the Board of Supervisors, strengthens our local information ecosystem by broadcasting meetings, elevating community conversations, sparking civic dialogue, and producing and broadcasting content that enhances cultural understanding and public trust; NOW, THEREFORE, BE IT RESOLVED:that the Board of Supervisors of Contra Costa County does hereby proclaim October 20, 2025, as Community Media Day in Contra Costa County, and encourages all CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 3 powered by Legistar™ File #:RES 2025-351,Version:1 residents to recognize the importance of community media and free speech in enriching civic life. CONTRA COSTA COUNTY Printed on 12/31/2025Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 345 Name: Status:Type:Consent Resolution Passed File created:In control:9/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-345 proclaiming October 2025 as Cybersecurity Awareness Month in Contra Costa County, as recommended by the Chief Information Officer. (No fiscal impact) Attachments:1. signed Res 2025-345 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To: Board of Supervisors From:Marc Shorr, Information Technology Director Report Title:Proclaiming October 2025 as Cybersecurity Awareness Month in Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution No. 2025- proclaiming October 2025 as Cybersecurity Awareness Month in Contra Costa County, as recommended by the Chief Information Officer. FISCAL IMPACT: There is no financial impact on the County. BACKGROUND: This proclamation encourages all Contra Costa County Agencies and Departments to recognize October as National Cybersecurity Awareness Month. Held every October, National Cybersecurity Awareness Month (NCSAM) is a collaborative effort between government and industry to ensure every individual has the resources they need to stay safe and secure online, while increasing the resilience of the Nation again cyber threats. National Cybersecurity Awareness Month emphasizes personal accountability and stresses the importance of taking proactive steps to enhance cybersecurity at home and in the workplace. It also supports the Department’s strategic vision for educating, empowering, and ensuring information security is in the hands of every County employee. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 2 powered by Legistar™ File #:RES 2025-345,Version:1 Not declaring October as Contra Costa County’s Cybersecurity Awareness Month could reduce public awareness and weaken education and training efforts. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF proclaiming October 2025 as Cybersecurity Awareness Month in Contra Costa County. WHEREAS, since 2004, the President of the United States and Congress have declared October to be Cybersecurity Awareness Month, helping individuals protect themselves online as threats to technology and confidential data become more commonplace; and WHEREAS, Contra Costa County recognizes the role each employee plays in online safety and the importance of taking proactive steps to enhance cybersecurity at home and in the workplace, and to be the shield protecting Contra Costa County and its residents; and WHEREAS,the importance of security awareness requires heightened attention at a time when government agencies at home and abroad have fallen victim to coordinated malicious attacks and suffered financial losses as a result; and WHEREAS,the Department of Information Technology, Risk Management, and Human Resources have collaborated to continue to make cybersecurity awareness training available to County employees; NOW, THEREFORE, BE IT RESOLVED the County of Contra Costa hereby proclaims the month of October 2025 as Cybersecurity Awareness Month and requires all Employees to complete the Information Security Awareness Training annually. CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 346 Name: Status:Type:Consent Resolution Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-346 proclaiming the week of October 18-25, 2025, as “California Flood Preparedness Week” in Contra Costa County, as recommended by the Public Works Director, Countywide. (No fiscal impact) Attachments:1. 2025-10-21 C.7 Res 2025-346 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:PROCLAIM the week of October 18-25,2025,as “California Flood Preparedness Week”in Contra Costa County. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution proclaiming the week of October 18-25,2025,as “California Flood Preparedness Week”in Contra Costa County, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: On October 22,2024,the Board declared “California Flood Preparedness Week”on October 19-26,2024.This year, the State has declared “California Flood Preparedness Week” to be on October 18-25, 2025. The theme is “Be aware.Be prepared.Take action!”During Flood Preparedness Week,the County will join federal,state,and other local agencies to raise awareness about flood risks.Understanding the causes and intensifying factors of natural events,natural disasters,such as floods,is key to reducing the risk of loss of life or property.Preparing for a flood should occur well before the rainy season.Property owners and residents are encouraged to assess their local risk of disasters and review their insurance coverage.Flooding is not covered by most homeowner’s insurance policies;however,flood insurance is available through the National Flood Insurance Program (NFIP) and its partners. As part of the County Floodplain Management Program (Program)administered by the Public Works Department,we aim to share valuable information and resources on flood risk and preparedness.This information is also available through the California Department of Water Resources,specifically the Flood Preparedness website,which includes links to resources from the Federal Emergency Management Agency and CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 2 powered by Legistar™ File #:RES 2025-346,Version:1 the National Flood Insurance Program. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will not declare that week as the Statewide California Flood Preparedness Week. c:Monica Nino -CAO,Kristi Jourdan -CCTV,Carrie Ricci -Administration,Kelly Kalfsbeek -Administration,Jocelyn LaRocque -Engineering Services, Alex Vazquez-Engineering Services, Kellen O’Connor - Engineering Services, Marke Smith - Engineering Services The Board of Supervisors of Contra Costa County, California IN THE MATTER OF: RECOGNIZING California Flood Preparedness Week October 18-25, 2025 WHEREAS,the County of Contra Costa recognizes the significant public safety threat flooding poses to the population, assets, and economy of our County; and WHEREAS the floodplain management program services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS the support and understanding of an informed citizenry is vital to the efficient administration of the Unincorporated Contra Costa County Floodplain Program; and WHEREAS the health and safety of this community greatly depend on the administration of this program; and WHEREAS during the California Flood Preparedness Week,local,state,and federal agencies across the state work together to inform the public about the dangers of flooding,how to prepare their homes and families for a flood, and plan for recovery; and WHEREAS climate change impacts,recent wildfires,and extreme weather events make it more important than ever for Californians to be flood ready; and WHEREAS California Flood Preparedness Week 2025 will be held statewide during the week of October 18- 25, 2025; and WHEREAS the theme for California Flood Preparedness Week 2025 will be “Be aware.Be prepared.Take action!” NOW,THEREFORE,BE IT RESOLVED that the Board of Supervisors of Contra Costa County does hereby recognize October 18-25,2025,as CALIFORNIA FLOOD PREPAREDNESS WEEK,support public awareness of flood risk,and encourages County residents to take action to understand their flood risk and prepare appropriately CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 347 Name: Status:Type:Consent Resolution Passed File created:In control:10/13/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-347 recognizing 2025 Orinda Volunteer of the Year Carlos Baltodano, as recommended by Supervisor Andersen. Attachments:1. signed Res 2025-347 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Candace Andersen, District II Supervisor Report Title:Resolution recognizing 2025 Orinda Volunteer of the Year Carlos Baltodano ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Resolution recognizing 2025 Orinda Volunteer of the Year Carlos Baltodano FISCAL IMPACT: No fiscal impact BACKGROUND: Resolution recognizing 2025 Orinda Volunteer of the Year Carlos Baltodano CONSEQUENCE OF NEGATIVE ACTION: No negative action CONTRA COSTA COUNTY Printed on 12/31/2025Page 1 of 3 powered by Legistar™ File #:RES 2025-347,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF Resolution recognizing 2025 Orinda VOLUNTEER OF THE YEAR CARLOS BALToDANO WHEREAS,Carlos Baltodano has been a devoted resident of Orinda for 32 years and exemplifies the highest ideals of community service,dedicating his time,energy,and expertise to strengthen the quality of life in Orinda and throughout Contra Costa County; and WHEREAS, Carlos serves as a Board member of both the Orinda Association (OA) and the Orinda Community Foundation (OCF), having served as Board President of the OA from 2019 to 2021. During his leadership, he reviewed and updated the OA By-laws, expanded partnerships with community organizations including the OCF, Orinda Chamber of Commerce, Lamorinda Sunrise, and Lamorinda Presents, initiated joint Citizen of the Year and Environmental Award events with the OCF, and organized and led Candidates Public Forums for City Council, MOFD, and School Board, collaborating with the League of Women Voters to ensure residents were informed about candidates’ positions on key community issues; and WHEREAS, as a Board member of the Orinda Community Foundation since 2019, Carlos has contributed significantly by producing the annual OCF Newsletter sent to every household in Orinda along with coordinating OA participation in the Annual Citizen of the Year and Environmental Award programs and enthusiastically led promotional efforts for the OCF Annual Grant Program and highlighting innovative programs supported by the Foundation; and WHEREAS, during his six years on the Orinda Planning Commission, including one year as Chair, Carlos addressed complex issues including downtown development and the Housing Element, balancing preservation of Orinda’s semi-rural character with thoughtful growth and revitalization, fostering transparency, respect, and meaningful community dialogue throughout the process; and WHEREAS,Carlos served as a Trustee and Chair of the East Oakland Youth Development Center (EOYDC), helping to empower young people with the character,skills,and opportunities to contribute positively to society, reinforcing his belief that strong communities grow by supporting the next generation of leaders; and Now, therefore be it resolved that the Board of Supervisors of Contra Costa County does hereby honor CONTRA COSTA COUNTY Printed on 12/31/2025Page 2 of 3 powered by Legistar™ File #:RES 2025-347,Version:1 Carlos Baltodano as the 2025 Orinda Volunteer of the Year, recognizing his exceptional dedication, leadership, and service to the Orinda community, which has made a lasting and meaningful impact on the lives of residents. CONTRA COSTA COUNTY Printed on 12/31/2025Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 348 Name: Status:Type:Consent Resolution Passed File created:In control:10/13/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-348 recognizing 2025 Orinda Citizen of the Year Maggie Boscoe, as recommended by Supervisor Andersen. Attachments:1. signed Res 2025-348 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Candace Andersen, District II Supervisor Report Title:Resolution recognizing 2025 Orinda Citizen of the Year Maggie Boscoe. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Resolution recognizing 2025 Orinda Citizen of the Year Maggie Boscoe FISCAL IMPACT: No fiscal impact BACKGROUND: Resolution recognizing 2025 Orinda Citizen of the Year Maggie Boscoe CONSEQUENCE OF NEGATIVE ACTION: No negative action CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-348,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF Resolution recognizing 2025 Orinda CITIZEN of the year MAGGIE bOSCOe WHEREAS,Maggie Boscoe has been a devoted resident of Orinda for 40 years,dedicating countless hours to volunteerism and community service,with a special focus on bringing art to the citizens of Orinda and supporting local artists; and WHEREAS, Maggie has served as the volunteer curator for the art gallery at the Orinda Library for the past 18 years, where she selects and coordinates artwork from local artists, organizes artist receptions, and ensures that the gallery’s exhibitions change monthly to provide ongoing opportunities for the public to engage with local art; and WHEREAS, Maggie has been a dedicated member and supporter of the Orinda Arts Council (now Lamorinda Arts Council) for 40 years, serving in leadership roles including President and Vice President, and currently is organizing both a fundraiser and the Council’s 75th Anniversary celebration. She also served as a member and President of the Contra Costa Music Teachers Association; and WHEREAS,Maggie is the founder and driving force behind “Artify Orinda”,a public art initiative launched in 2019 that transforms utility boxes and Big Belly trash cans into vibrant works of art.Through this program, she selects artists,coordinates approvals,secures donations,ensures artists are compensated,and oversees installations,resulting in over 20 pieces of public art throughout Orinda and ongoing efforts to expand the program with additional approvals from Caltrans; and WHEREAS,in addition to her work promoting the visual arts,Maggie volunteers her time with local organizations such as the Singing Messengers,a group that brings music and entertainment to residents of convalescent homes.For 18 years,she has contributed as a singer,pianist,and organizer,enriching the lives of community members through song; and WHEREAS,Maggie also organized a group of community members to fund,design,and install a commemorative bench honoring the late Orinda resident Anne Parr,a longtime pottery instructor.She coordinated city approvals,oversaw procurement,and arranged a dedication ceremony,creating a lasting CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-348,Version:1 tribute in the community plaza near Café Teatro; Now, therefore be it resolved that the Board of Supervisors of Contra Costa County does hereby honor Maggie Boscoe as the 2025 Orinda Citizen of the Year for her outstanding dedication, leadership, and tireless efforts to enrich the arts and strengthen the Orinda community. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 349 Name: Status:Type:Consent Resolution Passed File created:In control:10/16/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-349 declaring September 15 through October 15, 2025 as LatinX Heritage Month in Contra Costa County, and Affirming the County's Commitment to the Safety, Dignity, and full participation of LatinX residents in all areas of public life, as recommended by Supervisor Scales-Preston. Attachments:1. signed Res 2025-349 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Shanelle Scales-Preston, District V Supervisor Report Title:Declare September 15 through October 15 as Latin X Heritage Month in Contra Costa County and Affirming the County’s Commitment to Safety, Dignity, and Full Participation of LatinX Residents in all Areas of Public Life. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT RESOLUTION NO. 2025- Declare September 15 through October 15 as LatinX Heritage Month in Contra Costa County, and Affirming the County's Commitment to the Safety, Dignity, and full participation of LatinX residents in all areas of public life. FISCAL IMPACT: None BACKGROUND: See Resolution. CONSEQUENCE OF NEGATIVE ACTION: N/A CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-349,Version:1 The Board of Supervisors of Contra Costa County, California IN THE MATTER OF DECLARING SEPTEMBER 15 THROUGH OCTOBER 15 AS LATINX HERITAGE MONTH IN CONTRA COSTA COUNTY, AND AFFIRMING THE COUNTY’S COMMITMENT TO THE SAFETY, DIGNITY, AND FULL PARTICIPATION OF LATINX RESIDENTS IN ALL AREAS OF PUBLIC LIFE WHEREAS, September 15 through October 15 is observed nationally as Hispanic / Latinx Heritage Month to celebrate the histories, cultures, languages, traditions, and contributions of people whose roots are in Spain, Mexico, the Caribbean, Central America, and South America; and WHEREAS, Contra Costa County is home to a large and diverse Latinx community - representing 27% of the County’s population and is an essential part of our civic, economic, and cultural life - whose labor, entrepreneurship, artistry, caregiving, public service, and civic leadership enrich the entire region; and the County recognizes the importance of celebrating this heritage while honoring the specific histories and contemporary realities of Mexican, Central American, South American, Caribbean, Afro-Latinx, Indigenous Latin American, and other Latinx-identifying communities within our borders; and WHEREAS, Latinx Contra Costans operate businesses and farms, staff hospitals and classrooms, serve in essential industries, deliver public services, strengthen neighborhoods, and contribute to the County’s economic vitality and social fabric in ways that deserve explicit acknowledgment and gratitude; and WHEREAS, honoring Latinx Heritage Month provides an opportunity to teach and learn countywide - in schools, libraries, civic institutions, and public events - the fuller histories of Latinx people in this region and nation, including migration histories, labor struggles, artistic achievements, multilingual and multicultural contributions, and longstanding efforts for civil rights and equity; and WHEREAS, this current moment in our national life includes the expansion and increase of federal immigration enforcement operations in which individuals of Latinx appearance - including U.S. citizens and lawful residents - have been stopped, questioned, wrongfully detained, or otherwise harmed; these practices have caused fear, trauma, and chilling effects in immigrant and Latinx communities and raise serious civil- liberties and public-safety concerns for our County residents; and CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-349,Version:1 WHEREAS, many cities and counties across California and the United States mark Latinx / Hispanic Heritage Month with ceremonial proclamations and substantive policy commitments - pairing celebration with concrete steps to expand language access, legal and social services, and culturally responsive programming - and Contra Costa County intends to follow this example by standing with national and local advocates calling for accountability, due process, and clear protections for residents of all immigration statuses. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, State of California, that: 1. The Board hereby proclaims September 15 through October 15 as Latinx Heritage Month in Contra Costa County and calls upon all residents to join in celebration and reflection. 2. The Board honors and commends the cultural, social, political, and economic contributions of Latinx residents - past and present - and recognizes the role those contributions play in the County’s shared prosperity, creativity, and civic life. The Board affirms that the County’s diversity is a strength that must be protected and cultivated. 3. The Board condemns any federal, state, or local enforcement practice that unlawfully targets people on the basis of race, ethnicity, gender, sexuality, language, national origin, or perceived immigration status; and recognizes the documented harms when Latinx individuals, including U.S. citizens and lawful residents, are stopped, detained, or profiled; and calls for accountability, transparency, and respect for civil and constitutional rights in all enforcement activities. 4. The Board affirms its commitment to establish a countywide SAFE Center that aims to support Latinx and immigrant communities by expanding accessible legal advocacy and other comprehensive support services, that include but are not limited to: o Expanding and publicizing legal-advocacy resources, know-your-rights materials, and referrals to trusted community legal and social-service partners o Strengthening language access across County services (translation and interpretation, multilingual outreach, and signage) so that Latinx and other immigrant residents can fully access public health, safety, housing, education, and economic resources 5. The Board affirms its commitment to equity and inclusion and to working across County departments and agencies to review County policies to ensure they do not facilitate or assist in federal immigration enforcement in ways that compromise public safety or residents’ willingness to seek emergency care, report crime, or use County services, and to and pursue policy changes that protect civil liberties, reduce the harms of overcriminalization and detention, and expand pathways to family unity and economic stability for all County residents. BE IT FURTHER RESOLVED that the Board of Supervisors encourages all residents, public agencies, community organizations, civic groups, faith communities, employers, and schools in Contra Costa County to recognize Latinx Heritage Month by honoring Latinx histories and cultures and by committing to build a County where every person - regardless of background, language, or immigration status - can live with dignity, safety, and the opportunity to thrive. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4328 Name: Status:Type:Consent Item Passed File created:In control:9/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPOINT Michelle Cordis to the Public Works Director or designee seat on the Integrated Pest Management Advisory Committee with no term expiration, as recommended by the Health Services Director. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Appointment to the Integrated Pest Management Advisory Committee ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPOINT Michelle Cordis to the Public Works Director or Designee seat on the Integrated Pest Management Advisory Committee (IPMAC) with no term expiration, as recommended by the Health Services Director. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The IPMAC was established by the Board of Supervisors in November 2009. The Public Works Director or Designee seat was created by the Board on February 27, 2024 and is intended to be a conduit for IPMAC engagement will all Public Works Department operations that perform pest management functions, particularly Airports, Maintenance Division (Flood Control and right-of-way properties), Facilities & Grounds, Special Districts, and Custodial Services. Staff-designated seats on the Committee are ex-officio, but have historically been formally appointed by the Board of Supervisors since IPMAC is advisory to it. Chris Lau, Assistant Public Works Director, was the most recent appointee. At the September 18, 2025 IPMAC meeting, he announced that Michelle Cordis, Assistant Public Works Director, will now fill this seat. Current IPM Advisory Committee Membership: INTEGRATED PEST MANAGEMENT ADVISORY COMMITTEE ROSTER CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4328,Version:1 Seat Title Appointee Name Area of Residence or Primary Work Location Appointment Date Term Expiration Public Member 1 - At Large Thomas Fenster Richmond February 27, 2024 December 31, 2027 Public Member 2 - At Large Jutta Burger Martinez February 27, 2024 December 31, 2027 Public Member 3 - At Large Susanna Thompson Chair Brentwood February 28, 2023 December 31, 2026 Environmental Organization - At Large Seat Roxana Lucero Pittsburg February 28, 2023 December 31, 2026 Sustainability Commission Representative Kiara Pereira North Richmond May 20, 2025 March 31, 2027 Public Member - Fish and Wildlife Committee Representative Susan Heckly Pleasant Hill February 28, 2023 February 28, 2026 Public Works Director or Designee Michelle Cordis (Pending BOS Action) Martinez October 21, 2025 (Anticipated) None County/Unincorporated County Stormwater Program Representative Michele Mancuso Martinez February 28, 2023 None Agriculture Commissioner or Designee Gabriel Chan Vice Chair Concord March 19, 2024 None County Pest Management Contractor Carlos Agurto Secretary Antioch February 28, 2023 None University of California Representative Andrew Sutherland Martinez June 4, 2024 None CONSEQUENCE OF NEGATIVE ACTION: The appointee will not be formally appointed to the seat and the official roster will be out of date. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4329 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPOINT Dr. Lee Ross, resident of Lafayette, to the District II Alternate Seat on the Measure X Community Advisory Board for a term ending December 31, 2026, as recommended by Supervisor Candace Andersen. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Candace Andersen, District II Supervisor Report Title:APPOINTMENT TO THE MEASURE X COMMUNITY ADVISORY BOARD ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPOINT Dr. Lee Ross, resident of Lafayette, to the District II Alternate Seat on the Measure X Community Advisory Board for a term ending December 31, 2026, as recommended by Supervisor Candace Andersen. FISCAL IMPACT: NONE BACKGROUND: The Measure X Community Advisory Board was established by the Board of Supervisors on February 2, 2021 to advise the Board of Supervisors on the use of Measure X transactions and use tax funds. It consists of 22 members, composed of 15 Supervisorial District appointees (two Regular Seats and one Alternate Seat per Supervisorial District), and seven At-Large appointees. Supervisor Andersen advertised the vacancy, received applications, met with all applicants and would like to appoint Dr. Ross as she feels he will add value to the Measure X CAB. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4332 Name: Status:Type:Consent Item Passed File created:In control:10/14/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPOINT Mary Sheila Driscoll to the City of Clayton’s local seat, Sonja Shepard to the City of Pittsburg’s local seat, Gerry La Londe-Berg to the Alternate #3 seat, Teresa Wright to the Alternate #4 seat, and Holly Frates to the At-Large #9 seat with terms expiring September 30, 2027; and REAPPOINT eighteen (18) members with terms expiring September 30, 2027 on the Advisory Council on Aging, as recommended by the Family and Human Services Committee. Attachments:1. Copy of ACOA Roster for FHS - Master, 2. Driscoll, Sheila (ACOA) 05-20-25 [D4]_Redacted, 3. Shepard, Sonja (ACOA) 9-12-2025 [D5]_Redacted, 4. Buckman, Chalo (ACOA) Redacted, 5. Evans, Candace (ACOA)_Redacted, 6. Fowler, Marilyn (ACOA) 2025 Redacted, 7. Goldhammer Alan (ACOA) 4-22-2024_Redacted, 8. Hayes, Michelle (ACOA) 2025 Redacted, 9. Kalm Denise (ACOA) 6.25.2025_Redacted, 10. Kleiner, Jill (ACOA)_Redacted, 11. Lopez, Nicola (ACOA) 2025 Redacted, 12. Monroy-Dexter, Kathryn (ACOA) 2025 Redacted, 13. Morisky, Richard (ACOA) 2025_Redacted, 14. O'Toole, Brian (ACOA) 2025 Redacted, 15. Shaefer, Carol (ACOA) 2025 Redacted, 16. Van Ackren, Lorna (ACOA) 2025 Redacted, 17. Yee, Dennis (ACOA) 6.30.2025_Redacted, 18. Cesar Court_Advisory Council on Aging_Redacted, 19. Steven Freshman ACOA Application 7.2.2025 Redacted, 20. Sekhon, Indy 3.31.25 Redacted, 21. Wiener, Deborah (ACOA) 03-30-25 [D2]_Redacted, 22. Frates, Holly (ACOA) 03-30-25 [D4]_Redacted, 23. La Londe-Berg Gerard 6-18- 25, 24. Wright, Yanmei (ACOA) 05-24-25 [D4]_Redacted Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 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 Mary Sheila Driscoll to the City of Clayton’s local seat, Sonja Shepard to the City of Pittsburg’s local seat, Gerry La Londe-Berg to the Alternate #3 seat, Teresa Wright to the Alternate #4 seat, and Holly Frates to the At-Large #9 seat with terms expiring September 30, 2027; and REAPPOINT eighteen (18) members with terms expiring September 30, 2027 on the Advisory Council on Aging, 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 CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:25-4332,Version:1 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 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. Mary Sheila Driscoll submitted an application for ACOA membership on May 20, 2025. The City of Clayton recommended Mary Sheila Driscoll to serve as the ACOA’s City of Clayton representative on August 19, 2025 with a term expiring September 30, 2027. Sonja Shepard submitted an application for ACOA membership on July 18, 2025. The City of Pittsburg recommended Sonja Shepard to serve as the ACOA’s City of Pittsburg representative on September 3, 2025 with a term expiring September 30, 2027. Gerry La Londe-Berg submitted an application for ACOA membership on June 13, 2025. The ACOA Membership Committee interviewed Gerry La Londe-Berg on August 20, 2025 and recommended that they fill Alternate # 3 seat with a term expiring September 30, 2027. Teresa Wright submitted an application for ACOA membership on May 24, 2025. The ACOA Membership Committee interviewed Tersa (Yanmei) Wright on June 18, 2025 and recommended that they fill Alternate # 4 seat with a term expiring September 30, 2027. Holly Frates submitted an application for ACOA membership on March 31, 2025. The ACOA Membership Committee interviewed Holly Frates on May 21, 2025 and recommended that they fill MAL #9 seat with a term expiring September 30, 2027. Additionally, the following eighteen (18) members will be reappointed to their respective seats as specified. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:25-4332,Version:1 ASSIGNED SEAT NAME Local Seat: Oakley Buckman, Chalo Local Seat: Orinda Evans, Candace Local Seat: Concord Fowler, Marilyn MAL # 4 Goldhammer, Alan MAL #3 Hayes, Michelle Local Seat: Walnut Creek Kalm, Denise MAL #19 Kleiner, Jill MAL #7 Lopez, Nikki Local Seat: Martinez Monroy-Dexter, Kathryn Local Seat: Lafayette Morisky, Richard MAL #16 O'Toole, Brian MAL #11 Schaefer, Carol Local Seat: Pleasant Hill Van Ackeren, Lorna MAL #14 Yee, Dennis Local Seat: Brentwood Court, Cesar Local Seat: Danville Freshman, Steven Alternate #1 Interpit Sekhon Alternate #2 Deborah Wiener At the October 13, 2025, Family and Human Services Meeting, the Committee approved the appointments of Mary Sheila Driscoll to the City of Clayton’s local seat, Sonja Shepard to the City of Pittsburg’s local seat, Gerry La Londe-Berg to the Alternate #3 seat, Teresa Wright to the Alternate #4 seat, and Holly Frates to the At -Large #9 seat with terms expiring September 30, 2027, and reappointment of eighteen (18) members with terms expiring September 30, 2027, on the Advisory Council on Aging. CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint and reappoint members is likely to reduce public participation in advising policy development. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ Contra Costa Advisory Council on Aging Roster (as of 10/2023) Seat Title Term Expiration Current Incumbent District City of Residence BOS Appointment Date At-Large 1 9/30/2026 Lang, Thomas I El Sobrante 3/21/2023 At-Large 2 9/30/2026 Krohn, Shirley IV Walnut Creek 10/11/2022 At-Large 3 9/30/2025 Hayes, Michelle I Richmond 6/13/2023 At-Large 4 9/30/2026 Alan Goldhammer II Orinda 1/21/2025 At-Large 5 9/30/2026 Card, Deborah V Pittsburg 10/11/2022 At-Large 6 9/30/2026 Lipson, Steve I El Cerrito 10/11/2022 At-Large 7 9/30/2025 Lopez, Nicola III Antioch 10/8/2024 At-Large 8 9/30/2026 Maxwell, Sharon II Danville 4/28/2025 At-Large 9 9/30/2025 Pending - FHS, BOS At-Large 10 9/30/2026 Tobey, Terri II Walnut Creek 10/11/2022 At-Large 11 9/30/2025 Shaefer, Carol II Walnut Creek 3/5/2024 At-Large 12 9/30/2025 Dubbels, Brock IV Walnut Creek 6/10/2025 At-Large 13 9/30/2025 Boaz, Roger II Byron 3/5/2024 At-Large 14 9/30/2025 Yee, Dennis IV Pleasant Hill 10/19/2021 At-Large 15 9/30/2025 Robertson, Logan IV Concord 3/5/2024 At-Large 16 9/30/2025 O'Toole, Brian IV Walnut Creek 10/19/2021 At-Large 17 9/30/2026 Donovan, Kevin D.II Danville 10/11/2022 At-Large 18 9/30/2026 Wener, Michael II Walnut Creek 11/2/2021 At-Large 19 9/30/2025 Kleiner, Jill II Moraga 10/19/2021 At-Large 20 9/30/2026 Sakai-Miller, Sharon II San Ramon 3/22/2022 Local Seat: Antioch 9/30/2026 Pending - City Appointment III Local Seat: Brentwood 9/30/2025 Court, Cesar III Brentwood 8/5/2025 Local Seat: Clayton 9/30/2025 Pending - FHS, BOS IV Local Seat: Concord 9/30/2025 Fowler, Marilyn IV Concord 5/23/2023 Local Seat: Danville 9/30/2025 Freshman, Steven II Danville 8/5/2025 Local Seat: El Cerrito 9/30/2026 Kehoe, Carol I El Cerrito 7/12/2022 Local Seat: Hercules 9/30/2026 Green, Sarah V Hercules 2/25/2025 Local Seat: Lafayette 9/30/2025 Morisky, Richard II Lafayette 3/5/2024 Local Seat: Martinez 9/30/2025 Monroy-Dexter, Kathryn V Martinez 11/12/2024 Local Seat: Moraga 9/30/2025 Pending - Town Appointment II Local Seat: Oakley 9/30/2025 Buckman, Chalo III Oakley 2/25/2025 Local Seat: Orinda 9/30/2025 Evans, Candace II Orinda 10/19/2021 Local Seat: Pinole 9/30/2025 Pending - City Appointment I Pinole Local Seat: Pittsburg Pending - FHS, BOS Pittsburg Local Seat: Pleasant Hill 9/30/2025 Van Ackeren, Lorna IV Pleasant Hill 10/19/2021 Local Seat: Richmond 9/30/2026 Burkhart, Cate I Richmond 3/21/2023 Local Seat: San Pablo Vacant I Local Seat: San Ramon Vacant II Local Seat: Walnut Creek 9/30/2025 Kalm, Denise IV Walnut Creek 4/9/2024 Contra Costa Advisory Council on Aging Roster (as of 10/2023) Seat Title Term Expiration Current Incumbent District City of Residence BOS Appointment Date Alternate Member 1 9/30/2025 Sekhon, Inderpit V Crockett 8/5/2025 Alternate Member 2 9/30/2025 Wiener, Deborah II Alamo 8/5/2025 Alternate Member 3 9/30/2025 Frates, Holly IV Pleasant Hill 8/5/2025 Alternate Member 4 Pending - FHS, BOS Pending Approval Vacant Please return completed applications to: Clerk of the Board of Supervisors 1025 Escobar Street, 1st Floor Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County Home Address - Street City Postal Code Primary Phone (best number to reach you)Email Address Resident of Supervisorial District ot o ot, lease eter BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION l ccupatioal iceses ompleted P G.E.D. Certificate Yes No o eree ype Course of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATIO N Yes Yes Yes o State ertiicate Aarded or raii Yes o Pl ease check one: es o If e s, how many? No Check appropriate box if you possess one of the following: PAGE 1 of 3 A P E o lo have you lived or ored i otra osta outy ittee or ommissio Seat Name ther raiis ompleted P Yes o istrict ocator ool es NoW you you Are you a vetera o the S Armed orces Yes No o you have ay oliatios that miht aect your attedace at scheduled meetis es, lease exla es No escrie your ualiicatios or this appoitmet P you may also iclude a copy o your resume l ease cec oe Yes No es, lease lst te otra osta ot asor boar s o c o are c rretl ser Please check one: Yes No f Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or other ecoomic relatioships Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to te relatoss lste er te ortat orato sect o o ae o ts alcato or Resolution o. 2021/2 ) es, lease also lst te otra osta ot asor boar s o c o ae previously sere Please check one: Yes No f Yes, please identify the nature of the relationship: am icludi my resume ith this applicatio P Please check one: es o Are you curretly or have you ever ee appoited to a otra osta outy advisory oard PAGE of 3 A P E 1025 Escobar Street, 1st Floor arte, 55 Submit this application to: leroeoar cob cccot s Clerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 7.As indicated in Board Resolution 2021/2 , 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 oter, ater, so, a ater 2 roter, s ster, raoter, raater, raso, a raater sba, e, ater la, oter la, so la, ater la, steso, a steater estere oestc arter, rsat to alora Fal oe secto 2 5 e relates, as ee 1 a 2 aboe, or a restere oestc arter erso t o a oar eber sares a acal terest as ee te ol tcal eor ct o t oe 10 , Facal terest , sc as a bsess arter or bsess assoc ate 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. Important Information Questions about this application? Contact the Clerk of the Board at (925) 655-2000 or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. PAGE 3 of 3 A P E Please return completed applications to: Clerk of the Board of Supervisors Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County Home Address - Street City Code P hone (best number to reach you)Email Resident of Supervisorial District BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION G.E.D. Certifi Yes No Course of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATION Yes Yes Yes Yes Please check one: If s, how many? No Seat Name Yes No Y No No Yes No Please check one: Yes No f Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to or Resolution o. 20 /) Please check one: Yes No f Yes, please identify the nature of the relationship: Please check one: Submit this application to:Clerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 7.As indicated in Board Resolution 20 /, 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.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. Important Information Questions about this application? Contact the Clerk of the Board at (925) or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. Marilyn M Fowler j1Print Form I Please retu rn completed applications to: Contra Costa County Clerk of the Board of Supervisors 1025 Esco ba r Street, 1st Floor M artinez, CA 94553 or email to: ClerkofTheBoard@cob.cccount y.us BOARDS. COMMITTEES, AND COMMISSIONS APPLICATION First Name Middle Initial Last Name jAran I I I [Goldhammer Home Address -Street .----------. City [Orinda State !CA I Postal Code 194563 -st number to reach you) Email Address Resident of Supervisorial District (if out of County, please enter N/ A): 12 j District Locator Tool Do you work _in Contra Costa County? 0 Yes 0 No If Yes, in which District do you work? I I Current Employer [NIA Job Title Length of Employment [ How long have you lived or worked in Contra Costa County? [18 years Board, Committee, or Commission !Contra Costa Advisory Council on Agi'ng Seat N~n,e Have you ever attended a meeting of the advisory board for which you are applying? ------------Pe as e check one : 0Yes 0No If Yes, how many? .__ __________ __,1 EDUCATION Check appropriate box if you possess one of the following: 0 High School Dipl oma D CA High School Profici ency Certificate D G.E.D. Certificate Colleges or Universities Attended Degree Type/ Course of Study/Maier Degree Awarded Univers_ity of California at Los Angeles BA/English-Speech IV-I Yes I J No Harvard University School of Law J.D. ~Yes llNo Oves □No Occupational Licenses Completed: f dmitted to th e California Bar I Other Trainings Completed: .-------------------. Certificate Awarded for Training? I I □-□• _ _ □Yes 0 No Do you h ave any obligations that might affect your attendance at scheduled meetings? □ Yes 0 No If Yes, ple ase explain: .------------------------------- Would you tike t o be considered for appointment to other advisory bodies for which you may be qualified? [aYesO No Are you a veteran of the U .S. Armed Forces? OYes 0 No PAGE 1 of3 T HI S FORM IS A P UBLIC DOCUMENT Please explain why you would like to serve on this particular board, committee, or commission. I want to serve on the Contra Costa County Advisory Council on Aging because of a long-time interest in the difficulties seniors face and their needs. I had not thought of a County Board before now but a friend called my attention to this. I had participated some 30 years ago on a similar advisory board for the disabled in Los Angeles when I was living there. I also believe my background with Social Security, Supplemental Security Income and Medicare litigation will be useful. Covid concerns prevented me from continuing with volunteer work I was doing for Legal Assistance for Seniors in Alameda County. I recently moved out of Alameda County and continue to be interested in serving my community. See also the attached biography which emonstrates my continuing interests. [I lived in Contra Costa County from approximately 1975 through 1991 and returned to Contra Costa County in 2021.] Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume). My qualifications include service in the United States Peace Corps, a J.D. from Harvard Law School, 30 years as a United States Administrative Law Judge deciding Social Security, Supplemental Security Income and Medicare claims, six years as a California State Bar Court udge deciding attorney and law student disciplinary cases, and 8 years as a volunteer with Legal Assistance for Seniors i n Alameda County advising and representing seniors in Social Secu rity and Supplemental Security Income litigation. See my resume for further important details. I am including my resume with this application: Please check one: ~ Yes D No Are you currently or have you ever been appointed to a Contra Costa County advisory board? Please check one: D 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 and community experience, including any boards on which you have served. ~ served as a volunteer with Legal Assistance for Seniors in Alameda County, advising and epresenting seniors in Social Security, SSI and Medicare litigation. As a judge, I lectured arious legal organizations and associations. I also taught as a volunteer at the National Judicial ollege in Reno, Nevada. See my Resume for further volunteer and community activities. Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed under the "Important Information" section on page 3 of this application or Resolution No. 2021/234). Please check one: D 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? Please check one: D Yes ~ No If Yes, please identify the nature of the relationship: __________________ __, PAGE 2 of3 THIS FORM IS A PUBLIC DOCUMENT RESUME/BIOGRAPHY of Alan Goldhamme Orinda, CA 94563 I am a Harvard Law School graduate. Immediately after graduating, and passing the Californ ia Bar Exam i nation, I entered the United States Peace Corps (1966-1967) where I was trained in Puerto Rico and then assigned to a small village (Recuay) 12,000 feet high in t he Peruvian Andes. On return to t he United States in 1967, I worked for the Legal Aid Foundation of Los Angeles, initially as a staff attorney and then promoted to th e position of Director of Major Case Developments. I left Legal Aid in 1971 t o start my own Law Firm which was recognized by the American Bar Association as one of the first Public Inte rest Law Firms in the United States due to its concentration on consumer class actio ns, Social Security and welfare litigation and representation o f minority associa tions. I was also President of the West Hollywood Bar Association the n. I left private p ractice in 1974 for emp loyment with the Social Securi ty Administration, first as a Hearing Examiner and then, i n 1977, as a United States Administrative Law Judge {1977-1989 and again in 1996-2011) with the Office of Hearings and Appeals (OHA) in Oakland, California. As an Admin istrative Law Judge for 30 years, I served as Chief Judge i n the Oakland office, Chief Judge in the San Rafael Office and served on the Policy Council of OHA. I heard Social Secu rity, Supplemental Security Income, and Med icare cases all over t he United States. I belonged to the Associatio n of Administrative Law Judges and served for several years on its Board of Directors. OHA honored me in 1988 for ten years of "extrao rdi nary achieve ment in promoting, fostering and implementing continuing jud icia l educatio n programs". I ta ught law courses at two different law schools: Adm i ni strative Law at John F, Kennedy University School of Law and Professional Responsibility at Golden Gate University School of Law. I lectured attorneys and Judges and developed courses for OHA's Judges. I taught courses in administrative law at the Nstio nal Judicial College in Reno, Nevada . I stepped away from t he Social Security Administration in 1990 for six years when se lected as a California State Bar Court Judge, the first full ­ time court in the United States for the adjudication of atto rney and law student disciplinary matters. As a State Bar Court Judge, I belonged to the California Judges Association and served four years on the Association's Committee on Judicial Discipline and Disability. In my capacity as a State Bar Court Trial Judge, I gave lectures to California Judges, attorneys, and various organ izations. W he n my term as a State Bar Co urt Judge expired, I returned to the federal government in 1995 and was appointed Chief Judge in its San Rafael Office in 1996. Over the course of my caree r, I have had many articles as an attorney, as an Admi nistrative Law Judge. and as a State Bar Court Judge published in a variety of legal publications . I tau ght cours es several times at the National Judicial College in Reno, Nevada. I wrote a regular co lumn for the Continuing Education of the Bar's Civil Litigation Reporter while serving as a California State Bar Co urt Judge. I retired from federal service in 2011 and, afterward s, serv ed as a volunteer with the AARP Tax Program in Ber keley, California, and the n with the Legal Aid for Seniors program in Oakland, California . Because of Covid I d iscontinued my activity as a volunteer with Legal Services in 2017. I volunteered this year as a Mentor for Harvard Law School stude nts and, as a volunteer, I also rated scholarship applicants for the University of California at Los Angeles. 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. Slgned,1 ~ ~ I Date, I 't{"-1/~oa.~ Submit this application to: ClerkoffheBoard@cob.cccounty.us OR Clerk of the Board 1025 Escobar Street, 1st Floor Martinez, CA 94553 Questions about this application? Contact the Clerk of the Board at (925} 655-2000 or by email at ClerkofTheBoard@cob. cccounty. us 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 b e required to: 1) file a St atement 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) d ays 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 califomia 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. PAGE 3 of 3 THIS FORM IS A PUBLI C D OC UMENT Please return completed applications to: Clerk of the Board of Supervisors Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County Home Address - Street City Code P hone (best number to reach you)Email Resident of Supervisorial District BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION G.E.D. Certifi Yes No Course of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATION Yes Yes Yes Yes Please check one: If s, how many? No Seat Name Yes No Y No No Yes No Please check one: Yes No f Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to or Resolution o. 20 /) Please check one: Yes No f Yes, please identify the nature of the relationship: Please check one: Submit this application to:Clerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 7.As indicated in Board Resolution 20 /, 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.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. Important Information Questions about this application? Contact the Clerk of the Board at (925) or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. Please return completed applications to: Clerk of the Board of Supervisors Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County Home Address - Street City Code P hone (best number to reach you)Email Resident of Supervisorial District BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION G.E.D. Certifi Yes No Course of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATION Yes Yes Yes Yes Please check one: If s, how many? No Seat Name Yes No Y No No Yes No Please check one: Yes No f Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to or Resolution o. 20 /) Please check one: Yes No f Yes, please identify the nature of the relationship: Please check one: Submit this application to:Clerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 7.As indicated in Board Resolution 20 /, 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.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. Important Information Questions about this application? Contact the Clerk of the Board at (925) or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. Brian O'Toole Please return completed applications to: Clerk of the Board of Supervisors 1025 Escobar Street, 1st Floor Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County Do you work in Contra Costa County? Home Address - Street City Postal Code Primary Phone (best number to reach you)Email Address Resident of Supervisorial District (if out of County, please enter N/A): If Yes, in which District do you work? BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION First Name Middle Initial Last Name Occupational Licenses Completed: G.E.D. Certificate Yes No No Degree Type/Course of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATIO N Yes Yes Yes No State Certificate Awarded for Training? Yes No Pl ease check one: Yes No If Yes, how many? No Check appropriate box if you possess one of the following: PAGE 1 of 3 THIS FORM IS A PUBLIC DOCUMENT Current Employer Job Title Length of Employment How long have you lived or worked in Contra Costa County? Board, Committee, or Commission Seat Name Have you ever attended a meeting of the advisory board for which you are applying? Other Trainings Completed: Yes No District Locator Tool Yes NoWould you like to be considered for appointment to other advisory bodies for which you may be qualified? Are you a veteran of the U.S. Armed Forces? Yes No Do you have any obligations that might affect your attendance at scheduled meetings? If Yes, please explain: Yes No Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume). Please check one: Yes No If Yes, please list the Contra Costa County advisory board(s) on which you are currently serving: Please check one: 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? Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed under the "Important Information" section on page 3 of this application or Resolution No. 2021/234). List any volunteer and community experience, including any boards on which you have served. If Yes, please also list the Contra Costa County advisory board(s) on which you have previously served: Please check one: Yes No If Yes, please identify the nature of the relationship: I am including my resume with this application: Please check one: Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board? PAGE 2 of 3 THIS FORM IS A PUBLIC DOCUMENT Please explain why you would like to serve on this particular board, committee, or commission. 1025 Escobar Street, 1st Floor Martinez, CA 94553 Submit this application to: ClerkofTheBoard@cob.cccounty.us OR Clerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 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. 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. Important Information Questions about this application? Contact the Clerk of the Board at (925) 655-2000 or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. PAGE 3 of 3 THIS FORM IS A PUBLIC DOCUMENT Please return completed applications to: Clerk of the Board of Supervisors 1025 Escobar Street, 1st Floor Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County Do you work in Contra Costa County? Home Address - Street City Postal Code Primary Phone (best number to reach you)Email Address Resident of Supervisorial District (if out of County, please enter N/A): If Yes, in which District do you work? BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION First Name Middle Initial Last Name Occupational Licenses Completed: G.E.D. Certificate Yes No No Degree Type/Course of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATIO N Yes Yes Yes No State Certificate Awarded for Training? Yes No Pl ease check one: Yes No If Yes, how many? No Check appropriate box if you possess one of the following: PAGE 1 of 3 THIS FORM IS A PUBLIC DOCUMENT Current Employer Job Title Length of Employment How long have you lived or worked in Contra Costa County? Board, Committee, or Commission Seat Name Have you ever attended a meeting of the advisory board for which you are applying? Other Trainings Completed: Yes No District Locator Tool Yes NoWould you like to be considered for appointment to other advisory bodies for which you may be qualified? Are you a veteran of the U.S. Armed Forces? Yes No Do you have any obligations that might affect your attendance at scheduled meetings? If Yes, please explain: Yes No Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume). Please check one: Yes No If Yes, please list the Contra Costa County advisory board(s) on which you are currently serving: Please check one: 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? Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed under the "Important Information" section on page 3 of this application or Resolution No. 2021/234). List any volunteer and community experience, including any boards on which you have served. If Yes, please also list the Contra Costa County advisory board(s) on which you have previously served: Please check one: Yes No If Yes, please identify the nature of the relationship: I am including my resume with this application: Please check one: Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board? PAGE 2 of 3 THIS FORM IS A PUBLIC DOCUMENT Please explain why you would like to serve on this particular board, committee, or commission. 1025 Escobar Street, 1st Floor Martinez, CA 94553 Submit this application to: ClerkofTheBoard@cob.cccounty.us OR Clerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 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. 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. Important Information Questions about this application? Contact the Clerk of the Board at (925) 655-2000 or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. PAGE 3 of 3 THIS FORM IS A PUBLIC DOCUMENT Please return completed applications to: Clerk of the Board of Supervisors 1025 Escobar Street, 1st Floor Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County Do you work in Contra Costa County? Home Address - Street City Postal Code Primary Phone (best number to reach you)Email Address Resident of Supervisorial District (if out of County, please enter N/A): If Yes, in which District do you work? BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION First Name Middle Initial Last Name Occupational Licenses Completed: G.E.D. Certificate Yes No No Degree Type/Course of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATIO N Yes Yes Yes No State Certificate Awarded for Training? Yes No Pl ease check one: Yes No If Yes, how many? No Check appropriate box if you possess one of the following: PAGE 1 of 3 THIS FORM IS A PUBLIC DOCUMENT Current Employer Job Title Length of Employment How long have you lived or worked in Contra Costa County? Board, Committee, or Commission Seat Name Have you ever attended a meeting of the advisory board for which you are applying? Other Trainings Completed: Yes No District Locator Tool Yes NoWould you like to be considered for appointment to other advisory bodies for which you may be qualified? Are you a veteran of the U.S. Armed Forces? Yes No Do you have any obligations that might affect your attendance at scheduled meetings? If Yes, please explain: Yes No Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume). Please check one: Yes No If Yes, please list the Contra Costa County advisory board(s) on which you are currently serving: Please check one: 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? Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed under the "Important Information" section on page 3 of this application or Resolution No. 2021/234). List any volunteer and community experience, including any boards on which you have served. If Yes, please also list the Contra Costa County advisory board(s) on which you have previously served: Please check one: Yes No If Yes, please identify the nature of the relationship: I am including my resume with this application: Please check one: Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board? PAGE 2 of 3 THIS FORM IS A PUBLIC DOCUMENT Please explain why you would like to serve on this particular board, committee, or commission. 1025 Escobar Street, 1st Floor Martinez, CA 94553 Submit this application to: ClerkofTheBoard@cob.cccounty.us OR Clerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 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. 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. Important Information Questions about this application? Contact the Clerk of the Board at (925) 655-2000 or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. PAGE 3 of 3 THIS FORM IS A PUBLIC DOCUMENT Please return completed applications to: Clerk of the Board of Supervisors ϭϬϮϱƐĐŽďĂƌ^ƚƌĞĞƚ͕ϭƐƚ&ůŽŽƌ Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County ŽLJŽƵǁŽƌŬŝŶŽŶƚƌĂŽƐƚĂŽƵŶƚLJ͍ Home Address - Street City WŽƐƚĂů Code PƌŝŵĂƌLJWhone (best number to reach you)EmailĚĚƌĞƐƐ Resident of Supervisorial District;ŝĨŽƵƚŽĨŽƵŶƚLJ͕ƉůĞĂƐĞĞŶƚĞƌEͬͿ͗ /ĨzĞƐ͕ŝŶǁŚŝĐŚŝƐƚƌŝĐƚĚŽLJŽƵǁŽƌŬ͍ BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION &ŝƌƐƚEĂŵĞDŝĚĚůĞ/ŶŝƚŝĂů>ĂƐƚEĂŵĞ KĐĐƵƉĂƚŝŽŶĂů>ŝĐĞŶƐĞƐŽŵƉůĞƚĞĚ͗ G.E.D. CertifiĐĂƚĞ Yes No EŽ ĞŐƌĞĞdLJƉĞͬCourse of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATION Yes Yes Yes EŽ ^ƚĂƚĞ ĞƌƚŝĨŝĐĂƚĞǁĂƌĚĞĚĨŽƌdƌĂŝŶŝŶŐ͍ YesEŽ Please check one: zĞƐEŽ If zĞs, how many? No ŚĞĐŬĂƉƉƌŽƉƌŝĂƚĞďŽdžŝĨLJŽƵƉŽƐƐĞƐƐŽŶĞŽĨƚŚĞĨŽůůŽǁŝŶŐ͗ 3$*(RI 7+,6)250,6$38%/,&'2&80(17 ƵƌƌĞŶƚŵƉůŽLJĞƌ:ŽďdŝƚůĞ >ĞŶŐƚŚŽĨŵƉůŽLJŵĞŶƚ ,ŽǁůŽŶŐŚĂǀĞLJŽƵůŝǀĞĚŽƌǁŽƌŬĞĚŝŶŽŶƚƌĂŽƐƚĂŽƵŶƚLJ͍ ŽĂƌĚ͕ŽŵŵŝƚƚĞĞ͕ŽƌŽŵŵŝƐƐŝŽŶ Seat Name ,ĂǀĞLJŽƵĞǀĞƌĂƚƚĞŶĚĞĚĂŵĞĞƚŝŶŐŽĨƚŚĞĂĚǀŝƐŽƌLJďŽĂƌĚĨŽƌǁŚŝĐŚLJŽƵĂƌĞĂƉƉůLJŝŶŐ͍ KƚŚĞƌdƌĂŝŶŝŶŐƐŽŵƉůĞƚĞĚ͗ YesEŽ ŝƐƚƌŝĐƚ>ŽĐĂƚŽƌdŽŽů zĞƐNotŽƵůĚLJŽƵůŝŬĞƚŽďĞĐŽŶƐŝĚĞƌĞĚĨŽƌĂƉƉŽŝŶƚŵĞŶƚƚŽŽƚŚĞƌĂĚǀŝƐŽƌLJďŽĚŝĞƐĨŽƌǁŚŝĐŚLJŽƵŵĂLJďĞƋƵĂůŝĨŝĞĚ͍ ƌĞLJŽƵĂǀĞƚĞƌĂŶŽĨƚŚĞh͘^͘ƌŵĞĚ&ŽƌĐĞƐ͍ YĞƐNo ŽLJŽƵŚĂǀĞĂŶLJŽďůŝŐĂƚŝŽŶƐƚŚĂƚŵŝŐŚƚĂĨĨĞĐƚLJŽƵƌĂƚƚĞŶĚĂŶĐĞĂƚƐĐŚĞĚƵůĞĚŵĞĞƚŝŶŐƐ͍ /ĨzĞƐ͕ƉůĞĂƐĞĞdžƉůĂŝŶ͗ zĞƐNo Inderprit Sekhon Crockett 94525 yes UC Davis Biological sciences St George's University Medicine Advisory Council on Aging Not sure Print Form ✔ ✔ ✔ ✔ S Calif ✔ 1 Cultivating Self Executive Director 5 ✔ Mental Health First Aid Trauma Resilience Certified Hypnotherapy, Yoga Teacher Alliance ✔ ✔ ĞƐĐƌŝďĞLJŽƵƌƋƵĂůŝĨŝĐĂƚŝŽŶƐĨŽƌƚŚŝƐĂƉƉŽŝŶƚŵĞŶƚ͘;EKd͗LJŽƵŵĂLJĂůƐŽŝŶĐůƵĚĞĂĐŽƉLJŽĨLJŽƵƌƌĞƐƵŵĞͿ͘ WůĞĂƐĞĐŚĞĐŬŽŶĞ͗YesNo /ĨzĞƐ͕ƉůĞĂƐĞůŝƐƚƚŚĞŽŶƚƌĂŽƐƚĂŽƵŶƚLJĂĚǀŝƐŽƌLJďŽĂƌĚ;ƐͿŽŶǁŚŝĐŚLJŽƵĂƌĞĐƵƌƌĞŶƚůLJƐĞƌǀŝŶŐ͗ Please check one:YesNo /f Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or ŽƚŚĞƌĞĐŽŶŽŵŝĐƌĞůĂƚŝŽŶƐŚŝƉƐ͍ Do you have a familial relationship with a member of the Board of Supervisors? (Please refer toƚŚĞƌĞůĂƚŝŽŶƐŚŝƉƐ ůŝƐƚĞĚƵŶĚĞƌƚŚĞΗ/ŵƉŽƌƚĂŶƚ/ŶĨŽƌŵĂƚŝŽŶΗƐĞĐƚŝŽŶŽŶƉĂŐĞϯŽĨƚŚŝƐĂƉƉůŝĐĂƚŝŽŶ or Resolution Eo. 20Ϯϭ/Ϯϯϰ)͘ >ŝƐƚĂŶLJǀŽůƵŶƚĞĞƌĂŶĚĐŽŵŵƵŶŝƚLJĞdžƉĞƌŝĞŶĐĞ͕ŝŶĐůƵĚŝŶŐĂŶLJďŽĂƌĚƐŽŶǁŚŝĐŚLJŽƵŚĂǀĞƐĞƌǀĞĚ͘ /ĨzĞƐ͕ƉůĞĂƐĞĂůƐŽůŝƐƚƚŚĞŽŶƚƌĂŽƐƚĂŽƵŶƚLJĂĚǀŝƐŽƌLJďŽĂƌĚ;ƐͿŽŶǁŚŝĐŚLJŽƵŚĂǀĞƉƌĞǀŝŽƵƐůLJƐĞƌǀĞĚ͗ Please check one:YesNo /f Yes, please identify the nature of the relationship: /ĂŵŝŶĐůƵĚŝŶŐŵLJƌĞƐƵŵĞǁŝƚŚƚŚŝƐĂƉƉůŝĐĂƚŝŽŶ͗ Please check one: zĞƐ EŽ ƌĞLJŽƵĐƵƌƌĞŶƚůLJŽƌŚĂǀĞLJŽƵĞǀĞƌďĞĞŶĂƉƉŽŝŶƚĞĚƚŽĂŽŶƚƌĂŽƐƚĂŽƵŶƚLJĂĚǀŝƐŽƌLJďŽĂƌĚ͍ 3$*(RI 7+,6)250,6$38%/,&'2&80(17 WůĞĂƐĞĞdžƉůĂŝŶǁŚLJLJŽƵǁŽƵůĚůŝŬĞƚŽƐĞƌǀĞŽŶƚŚŝƐƉĂƌƚŝĐƵůĂƌďŽĂƌĚ͕ĐŽŵŵŝƚƚĞĞ͕ŽƌĐŽŵŵŝƐƐŝŽŶ͘ I'm currently on the Board for the Interfaith Center of Miami University, Ohio. ✔ ✔ ✔ I currently work in a nonprofit focused on reframing healthcare to include cultural medicines, food as medicine, farming, ecology, and more. This nonprofit puts me in constant relationship with incredible healthcare providers, who I would love to introduce to the aging population in contra costa county. ✔ I regularly volunteer at senior centers, libraries and senior services at churches. My intention is to support the older generations with tools for aging well. I feel it's my duty to pay it forward, and hop that it also affects my own aging. I often wonder what would happen if we lean in to the systems of aging and improve them while we are younger. As a 42 year old, I'd love to offer my experience, innovation, and understanding o systems to improve this for folks who are aging and those will be entering the space soon ϭϬϮϱƐĐŽďĂƌ^ƚƌĞĞƚ͕ϭƐƚ&ůŽŽƌ DĂƌƚŝŶĞnj͕ϵϰϱϱϯ Submit this application to:ůĞƌŬŽĨdŚĞŽĂƌĚΛĐŽď͘ĐĐĐŽƵŶƚLJ͘ƵƐKZClerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 7.As indicated in Board Resolution 20Ϯϭ/Ϯϯϰ, a person will not be eligible for appointment if he/she is related to a Board of SupervisorsΖ member in any of the following relationships:;ϭͿDŽƚŚĞƌ͕ĨĂƚŚĞƌ͕ƐŽŶ͕ĂŶĚĚĂƵŐŚƚĞƌ͖;ϮͿƌŽƚŚĞƌ͕ƐŝƐƚĞƌ͕ŐƌĂŶĚŵŽƚŚĞƌ͕ŐƌĂŶĚĨĂƚŚĞƌ͕ŐƌĂŶĚƐŽŶ͕ĂŶĚ ŐƌĂŶĚĚĂƵŐŚƚĞƌ͖;ϯͿ,ƵƐďĂŶĚ͕ǁŝĨĞ͕ĨĂƚŚĞƌͲŝŶͲůĂǁ͕ŵŽƚŚĞƌͲŝŶͲůĂǁ͕ƐŽŶͲŝŶͲůĂǁ͕ĚĂƵŐŚƚĞƌͲŝŶͲůĂǁ͕ƐƚĞƉƐŽŶ͕ĂŶĚƐƚĞƉĚĂƵŐŚƚĞƌ͖;ϰͿZĞŐŝƐƚĞƌĞĚĚŽŵĞƐƚŝĐ ƉĂƌƚŶĞƌ͕ƉƵƌƐƵĂŶƚƚŽĂůŝĨŽƌŶŝĂ&ĂŵŝůLJŽĚĞƐĞĐƚŝŽŶϮϵϳ͖;ϱͿdŚĞƌĞůĂƚŝǀĞƐ͕ĂƐĚĞĨŝŶĞĚŝŶϭĂŶĚϮĂďŽǀĞ͕ĨŽƌĂƌĞŐŝƐƚĞƌĞĚĚŽŵĞƐƚŝĐƉĂƌƚŶĞƌ͖;ϲͿŶLJ ƉĞƌƐŽŶǁŝƚŚǁŚŽŵĂŽĂƌĚDĞŵďĞƌƐŚĂƌĞƐĂĨŝŶĂŶĐŝĂůŝŶƚĞƌĞƐƚĂƐĚĞĨŝŶĞĚŝŶƚŚĞWŽůŝƚŝĐĂůZĞĨŽƌŵĐƚ;'ŽǀΖƚŽĚĞΑϴϳϭϬϯ͕&ŝŶĂŶĐŝĂů/ŶƚĞƌĞƐƚͿ͕ƐƵĐŚĂƐ ĂďƵƐŝŶĞƐƐƉĂƌƚŶĞƌŽƌďƵƐŝŶĞƐƐĂƐƐŽĐŝĂƚĞ͘ 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. Important Information Questions about this application? Contact the Clerk of the Board at (925) ϲϱϱͲϮϬϬϬ or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. 3$*(RI 7+,6)250,6$38%/,&'2&80(17 in y se on 3/31/2025 Deborah Wiener 130 Linhares Lane | Alamo, CA 94507 | 925-580-0350 | dwiener@quickscrews.com Objective Experienced leader and dedicated community advocate with a passion for public service. Committed to leveraging my expertise in strategic planning, organizational leadership, and collaboration to contribute meaningfully to the mission of any community board focused on enhancing public services and addressing community needs. Education St. Mary’s College Bachelor of Arts in Business Management Professional Experience Entrepreneur/Owner Quickscrews/Quickbolt International Corporation 1987 – Present ● Oversee all aspects of business operations, including strategic planning, facilities management, and fleet management. ● Develop and implement human resources policies and provide consulting on employee relations and development. ● Manage accounting functions and ensure financial accuracy and compliance. ● Lead team-building initiatives to foster a collaborative and effective work environment. ● Successfully grew and sustained a thriving business for over 37 years. Public Service and Leadership Civil Grand Jury Member Contra Costa County 2024 – 2025 ● Served on multiple committees, including Law & Justice and Health & Human Services. ● Conducted research, facilitated interviews, and developed actionable recommendations on key issues such as youth services, public defense, and child welfare. ● Held leadership roles, including Team Building Chair and Subcommittee Chair, demonstrating strong organizational and analytical skills. Toastmasters International ● Held leadership roles, including Area Director and Division Director, mentoring members and fostering club growth. ● Designed and delivered leadership training programs and facilitated speech contests. ● Chaired committees such as New Community Club Chair, Nominating Committee Chair, and Realignment Committee Chair, contributing to strategic organizational initiatives. Nonprofit Board Service ● Served as a board member, providing strategic direction and oversight to advance the organization’s mission. Additional Accomplishments ● International Best-Selling Author and Columnist: Published works recognized globally for their insight and impact. ● Expertise in public speaking, meeting facilitation, and community engagement. Skills ● Strategic Planning and Project Management ● Research and Data Analysis ● Team Building and Leadership ● Human Resource Consulting and Employee Development ● Financial Management and Accounting ● Public Speaking and Meeting Facilitation Hollis (Holly) Frates Experience APRIL 2022-PRESENT Senior Services Manager / Pleasant Hill Recreation & Park District, Pleasant Hill, CA • Manage a 27,000 square foot Senior Center for the community of Pleasant Hill. • Manage and lead 3 full-time and 1 part-time staff members of the Senior Center. • Prepare, present, and manage multiple grants of $1,000-$20,000 per year for various programs. • Manage a budget of $1.3 million for the Senior Center. • Establish and build relationships with businesses and nonprofits to maximize connections in the senior community. • Handles potentially difficult Senior Center patrons with de-escalation protocols. • Chair of the PHRPD DEIB Committee. • Attended 2 years of NRPA’s Supervisor Management School in Oglebay, WV (2023-2024) APRIL 2007 – APRIL 2022 Program Supervisor / Pleasant Hill Recreation & Park District, Pleasant Hill, CA • Plan, implement and evaluate programs and special events for 10-2,000+ diverse populations including seniors and adults with developmental disabilities. • Create, promote, manage, and evaluate education and fitness classes for seniors and adults. • Prepare, present, and manage multiple grants of $1,000-$20,000 per year for various programs. • Manage over 250 senior volunteers. This includes onboarding, training, evaluating and constant improvement to the program. • Oversee the Pleasant Hill County Nutrition Program site for senior citizens. • Manage multiple budgets. • Responsible for adapting programs during COVID to provide a lifeline to vulnerable senior population. • Direct seniors to resources for housing, food, mental health services, caregiving, transportation, and other essential needs. Education MAY 2011 Masters in Public Administration with Management focus/ San Francisco State University, San Francisco, CA MAY 2007 B.S. in Recreation with Gerontology Focus / Western Kentucky Univ., Bowling Green, KY Graduated with Magna Cum Laude honors, Gerontology Student of the Year 2007 Skills • Proficient in Microsoft Applications • Emotional Management • Active Listening • Flexibility • Customer Service • Institutional Knowledge of the Senior Industry • Proficient on other computer applications: ie: Canva, Constant Contact 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. Yanmei Wright 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4330 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPOINT Leslie Brown, Mariah Bruce, Angela Butler-Owens, Rachel Corona, Loren Dalbert, Jon Green, Edward Harris, Bianca LaChaux, Walter McMath, Jalaima Nichols, Nnedi Obembe, LeJon Payne and Willie Robinson to the Ad Hoc African American Holistic Wellness and Resource Hub Transitional Community Advisory Body, as recommended by the Equity Committee. Attachments:1. Brown, Lesile (T-CAB, redacted, D1), 2. Bruce, Mariah (T-CAB, redacted, D1), 3. Butler Owens, Angela (T-CAB, redacted, D2), 4. Corona, Rachel (T-CAB, redacted, D3), 5. Dalbert, Loren (T-CAB, redacted, D5), 6. Green, Jon (T-CAB, redacted, D4), 7. Harris, Edward (T-CAB, redacted, D3), 8. LaChaux, Bianca (T-CAB, redacted, D5), 9. McMath, Walter (T-CAB, redacted, D1), 10. Nichols, Jalaima (T-CAB, redacted, D5), 11. Obembe, Nnedi (T-CAB, redacted, D4), 12. Payne, LeJon (T-CAB, redacted, D5), 13. Robinson, Willie (T-CAB, redacted, D1) Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Equity Committee Report Title:Bylaws and Appointments to the Contra Costa County Ad Hoc African American Holistic Wellness and Resource Hub Transitional Community Advisory Body ☐Recommendation of the County Administrator ☒ Recommendation of Board Committee RECOMMENDATIONS: APPROVE the Bylaws of the Contra Costa County Ad Hoc African American Holistic Wellness and Resource Hub Transitional Community Advisory Body, and APPOINT Leslie Brown, Mariah Bruce, Angela Butler- Owens, Rachel Corona, Loren Dalbert, Jon Green, Edward Harris, Bianca LaChaux, Walter McMath, Jalaima Nichols, Nnedi Obembe, LeJon Payne and Willie Robinson to the Ad Hoc African American Holistic Wellness and Resource Hub Transitional Community Advisory Body, as recommended by the Equity Committee. FISCAL IMPACT: There is no fiscal impact associated with the adoption of the bylaws and the appointment of the members. BACKGROUND: On August 12, 2025, the Board of Supervisors approved the final implementation plan for the African American Holistic Wellness and Resource Hub. At that time, the Board of Supervisors approved the establishment of the Transitional Community Advisory Body (T-CAB) for the African American Holistic Wellness and Resource Hub (AAHWRH). The T-CAB will support the AAHWRH development during Phase 1 by providing guidance to ORESJ in the procurement of an independent lead entity who will oversee implementation and coordination. Similar to the CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:25-4330,Version:1 AAHWRH Feasibility Study Steering Committee, the T-CAB will be a community-led advisory body comprised of thirteen (13) county residents that each possess personal and professional lived experiences that reflect the needs, concerns and priorities of vulnerable African Americans in Contra Costa County. There will be a balanced representation of gender, sexuality, age, class, physical ability, County supervisorial districts, and other relevant social and cultural categories to ensure a broad and diverse spectrum of perspectives are included in all T-CAB deliberations and decision-making. The Transitional Community Advisory Body’s responsibilities will include: ·Review and provide feedback on eligibility and selection criteria for Implementation Lead entity ·Review and provide feedback on eligibility and selection criteria for Executive Director ·Review and provide feedback on eligibility and selection criteria for Board of Directors ·Review and provide feedback on eligibility and selection criteria for Community Council ·Support outreach and recruitment efforts for interested and qualified candidates for all positions/roles described above To ensure there are no conflicts of interest, T-CAB members cannot have professional affiliations nor close personal relationships with any organizations or persons interested in applying for and/or serving in any of the above capacities. ORESJ will design a recruitment, application and selection process that includes an Equity Committee interview and nomination of T-CAB finalists, which will then move to the Board of Supervisors for final approval and appointment. The T-CAB will remain in place until an independent 501(c)(3) nonprofit organization is created, an AAHWRH Board of Directors is appointed, and a Community Council is established, after which the T-CAB will dissolve. On August 25, 2025, a press release was issued announcing that applications were available for those seeking a seat on the T-CAB. The application period closed on September 12, 2025, and 48 applications were received. No applications from District 2 were received by the deadline. At the September 22, 2025 meeting, the Equity Committee requested that ORESJ staff: 1) Reopen the application process and recruit applicants from District 2, and 2) Request that each District Supervisor recommend their top applicants to move forward to the T-CAB applicant process. On September 29, 2025, the Equity Committee reviewed the list of Supervisor recommendations and set Special Equity Committee meeting on October 6, 2025 to interview the recommended applicants. At the October 6, 2025 Equity Committee meeting, each applicant recommended by their District Supervisor was interviewed, including one additional District 2 applicant/resident who applied when the application process was reopened on September 22, 2025. The Equity Committee selected 13 members to recommend to the Board of Supervisors for T-CAB appointment. Given the similarity to the AAHWRH Feasibility Study Steering Committee, the bylaws for the Ad Hoc African American Holistic Wellness and Resource Hub Transitional Community Advisory Body reflect those of the Steering Committee. CONSEQUENCE OF NEGATIVE ACTION: If the bylaws are not adopted and the appointments are not made, the process to launch the African American Holistic Wellness and Resource Hub Transitional Community Advisory Body will be delayed. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:25-4330,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ Please return completed applications to: Clerk of the Board of Supervisors 1025 Escobar Street, 1st Floor Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us Contra Costa County City Postal Code (best number to reach you)l Address Resident of Supervisorial District ot o ot, lease eter in which District do you work BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION Middle Initial Occupational Licenses Completed: G.E.D. Certificate Yes No No Degree Type/Course of Study/Major Degree AwardedColleges or Universities Attended High School Diploma CA High School Proficiency Certificate EDUCATIO N Yes Yes Yes No State Certificate Awarded for Training? Yes No Pl ease check one: Yes No If Yes, how many? No Check appropriate box if you possess one of the following: PAGE 1 of 3 THIS FORM IS A PUBLIC DOCUMENT Current Employer Job Title Length of Employment How long have you lived or worked in Contra Costa County? Board, Committee, or Commission Seat Name Have you ever attended a meeting of the advisory board for which you are applying? Other Trainings Completed: Yes No District Locator Tool Yes NoWould you like to be considered for appointment to other advisory bodies for which you may be qualified? Are you a veteran of the U.S. Armed Forces? Yes No Do you have any obligations that might affect your attendance at scheduled meetings? If Yes, please explain: Yes No Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume). Please check one: Yes No If Yes, please list the Contra Costa County advisory board(s) on which you are currently serving: Please check one: 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? Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed under the "Important Information" section on page 3 of this application or Resolution No. 2021/234). List any volunteer and community experience, including any boards on which you have served. If Yes, please also list the Contra Costa County advisory board(s) on which you have previously served: Please check one: Yes No If Yes, please identify the nature of the relationship: I am including my resume with this application: Please check one: Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board? PAGE 2 of 3 THIS FORM IS A PUBLIC DOCUMENT Please explain why you would like to serve on this particular board, committee, or commission. 1025 Escobar Street, 1st Floor Martinez, CA 94553 Submit this application to: ClerkofTheBoard@cob.cccounty.us OR Clerk of the Board 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 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. 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. Important Information Questions about this application? Contact the Clerk of the Board at (925) 655-2000 or by email at ClerkofTheBoard@cob.cccounty.us Signed: Date: 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 understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. PAGE 3 of 3 THIS FORM IS A PUBLIC DOCUMENT Leslie M. Brown  Richmond, CA 94806  Professional Summary Strategic and mission-driven Community Benefit Manager with expertise in hospital-based community health initiatives, grantmaking, and health equity programming. Skilled in aligning community investments with organizational goals, regulatory requirements and measurable outcomes that address social determinants of health. Adept at building cross - sector partnerships, managing stakeholder engagement, and evaluating program impact to improve health outcomes for underserved populations. Core Competencies • Community Health Needs Assessments (CHNA) & Community Health Improvement Plans • Grantmaking & Sponsorship Oversight • Health Equity & Social Determinants of Health Strategy • Program Development & Evaluation • Stakeholder & Community Engagement • Nonprofit & Hospital Partnerships • Budget Management & Reporting • Regulatory Compliance Professional Experience Community Health Lead 7/2023 – Present Kaiser Permanente • Lead strategy, planning, and execution of hospital community benefit initiatives to address priority health needs identified through Community Health Needs Assessment. • Manage annual community health investment portfolio of 2 million, including grantmaking to community- based organizations and sponsorships that align with hospital priorities. • Collaborate with senior leadership, clinical teams, and community stakeholders to develop and implement measurable interventions addressing maternal health, chronic disease, food insecurity, housing, and mental health. • Ensure compliance with IRS and state community benefit reporting requirements; prepare detailed reports for SB697 • Oversee program evaluation, tracking key performance indicators (KPIs) and health outcomes to demonstrate impact. • Build and maintain strategic partnerships with local public health departments, coalitions, and nonprofit leaders to advance shared goals. Public Health Program Manager 6/2021-7/2023 American Heart Association • Provide hands-on consultation, coaching, and technical support to 43 federally qualified health centers throughout the state of California to ensure health centers successfully implement the National Hypertension Control Initiative within their sites (NHCI) • Ensured that 43 federally qualified health centers in California have access to American Heart Association resources, tools, and national center assets (e.g., communication, science, advocacy, field resources) • Develop and implement procedures, community engagement events and systems of support for priority areas of hypertension, social determinants of health, and cardiovascular disease • Identify, recruit, and mobilize regional and statewide community partners and key volunteers to implement and support the assigned area of focus within the established public health action plan for the NHCI initiative Community Engagement Specialist II Donor Network West 3/2021-6/2021 • Developed, coordinated and evaluated community and corporate relations activities to positively predispose the public to organ and tissue donation. • Recruited, trained and provided mentorship to current and new Donate Life Ambassador volunteers • Secured public speaking opportunities to promote organ and tissue donation to target communities including various ethnic and religious communities. • Maintained and strengthened relationships with local businesses, civic leaders, community-based organizations, school-based organizations to raise awareness about organ and tissue donation . Program Coordinator Ethnic Health Institute/ Center for Community Engagement, Samuel Merritt University (SMU) 8/2015-2/2021 • Coordinated and oversaw the operations of the Ethnic Health Institute (EHI) health promotion committees and health ministry program. • Managed EHI/SMU special events, workshops, trainings and conferences • Coordinated and created youth pathway program experiences serving high school students in Oakland Unified School District • Recruited, trained and managed SMU Student Ambassador program • Assisted SMU faculty to incorporate community engagement into the curriculum and develop the related course/program/institution learning outcomes. Facilitated formal arrangements between SMU and external community agencies that support attainment of course clinical contracts. • Developed and maintained a clearinghouse of external community-based organizations. • Cultivated on-going relations with external community-based organizations, faith-based organizations, and other public agencies to promote SMU/EHI commitment to improving community health and providing programming for structurally vulnerable populations. Community Outreach Coordinator and Health Educator Community Health Improvement, John Muir Health Hospital 10/2009-8/2015 • Managed and recruited staff, volunteers, and interns for community health events and special projects. • Established and maintained strong partnerships with community stakeholders from nonprofit organizations, community civic engagement groups, faith-based organizations and policy partners to increase awareness of John Muir Health community benefit programs and to address health disparities in Contra Costa County. • Developed health campaigns, created toolkits, conducted health education classes and trainings for faith-based and community-based organizations, topics included: Diabetes, Heart Disease, Cancer, Nutrition, Emergency Preparedness, Smoking Cessation, Domestic Violence, HIV/AIDS and Childhood Obesity. • Conducted, lead data collection and needs assessments for John Muir Health Community Benefit Programs. • Developed, and tracked community health programs through evaluation metrics and monitored annual program budgets. • Provided consultation, training and technical assistance for community members, faith community nurses and health ministry liaisons to aid in the development and growth of faith -based wellness programs. • Led and coordinated events, workshops, trainings, health fairs, conferences and screenings that promoted awareness and utilization of health care services. • Collaborated with major health organizations such as: American Heart Association, American Diabetes Association, and Network for a Healthy California, American Red Cross, and UCSF Helen Diller Cancer Institute. Health Career Connection Fellow Community Health Improvement Department John Muir Health Hospital 6/2009-8/2009 • Conducted patient satisfaction surveys for John Muir Health mobile clinic and presented findings to Contra Costa County Dental Collaborative • Researched and developed nutrition curriculum for elementary schools in East Costa County • Taught nutrition classes for Mount Diablo School District 3rd and 4th grader summer school using the Choose Right Nutrition education curriculum. Assistant and Office Coordinator California State Sacramento University, Science Educational Equity Office 1/2008-9/2009 • Coordinated special events, meetings and conferences. • Assisted students with program inquiries and provided information to the public about program mission and goals. • Provided administrative support to directors of the program. • Clerical duties as needed. Education • Bachelor of Arts, Family Consumer Science, Concentration Nutrition and Food California State University, Sacramento • Certificate in Project Management California State University, East Bay University Extension Community Activities • California Public Health Departments Healthy Hearts Californa Commi ttee 3/2022-2024 Co-Chair • Oakland Chamber of Commerce Jobs and Education Committee June 2020-June 2021 • Samuel Merritt University Community Reads Committee 2020-Present • COVID-19 Community Advisory Group 2020-March2021 Alameda County Public Health Department • American Heart Association Multicultural Leadership Council Eastbay 2013-2019 Committee Member • Alameda County Public Health Department Shoo The Flu Advisory Board 2015-2018 • Leadership Oakland Program Oakland Chamber of Commerce 20018-2019 2018/2019 Cohort • Heart2Heart Life Long Medical and City of Berkeley Community Advisory Team 2015-2017 Committee Member • American Red Cross Contra Costa County Leadership Council 2010-2015 Committee Member • UCSF Abundant Life Health Ministries Collaborative 2009-Present Committee Member • East Contra Costa African American Health Collaborative 2009-2015 Committee Member Submit Date: Aug 28, 2025 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 4 years Do you work in Contra Costa County? Yes No If Yes, in which District do you work? 1 How long have you lived or worked in Contra Costa County? 4 years Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? Transitional Community Advisory Board: Submitted Mariah Bruce Richmond CA 94806 Contra Costa College Senior Workforce Manager Mariah Bruce Seat Name Have you ever attended a meeting of the advisory board for which you are applying? Yes No If Yes, how many meetings have you attended? The meetings don't commence until October Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Chabot College Degree Type / Course of Study / Major AA/Liberal Studies/Business Degree Awarded? Yes No College/ University B Name of College Attended San Francisco State University Degree Type / Course of Study / Major BS/Business Administration/Finance Degree Awarded? Yes No College/ University C Name of College Attended University of Phoenix Degree Type / Course of Study / Major MA/Education/Adult Education and Training and MBA/Project management and Human Resource Mariah Bruce Degree Awarded? Yes No Other Trainings & Occupational Licenses Other Training A Ed.D in Educational Leadership In Progress at CSU, Sacramento Certificate Awarded for Training? Yes No Other Training B Certificate Awarded for Training? Yes No Occupational Licenses Completed: Qualifications and Volunteer Experience Mariah Bruce Please explain why you would like to serve on this particular board, commitee, or commission. My commitment to serving on the African American Holistic Wellness and Resource Hub TCAB stems from both lived experience and professional expertise that directly align with the Hub's mission of addressing the complex wellness needs of African American residents in Contra Costa County. As someone who experienced homelessness with my two young sons, I understand firsthand the intersection of housing instability, resource navigation, and the particular challenges facing African American families. This experience taught me that wellness cannot be separated from basic needs, and that effective support systems must address the whole person within their community context—principles that align with the Hub's holistic approach. In my current role as Senior Academic and Student Services Manager at Contra Costa College, where I manage the Rising Scholars program and collaborate heavily with our Basic Needs center, I work directly with formerly incarcerated individuals navigating reentry support and educational pathways. This experience has deepened my understanding of how trauma-informed, culturally responsive approaches can create transformative outcomes for African Americans facing systemic barriers. The Rising Scholars program demonstrates how wraparound support addressing housing, mental health, educational goals, and family stability creates sustainable pathways to wellness and success. My doctoral research on The Integration of Joy and Wellness in Leadership positions me to contribute a research-informed perspective on wellness approaches that center African American cultural strengths and community wisdom. This work examines how wellness functions not as individual self-care but as collective resistance strategy—a framework essential for developing Hub services that honor our community's resilience while addressing systemic challenges. Through my role as Board President of Oakland Elizabeth House, A Transitional home in Oakland Ca., I bring governance experience in nonprofit leadership focused on serving vulnerable populations. This background provides practical insight into the organizational development challenges the Hub will face as it establishes its independent structure, board composition, and community accountability mechanisms. My experience spans the specific priority areas outlined in your call for applicants: housing navigation for families with young children, resource navigation through public benefits systems, and reentry support. More importantly, I bring an understanding of how these challenges intersect and require coordinated, culturally responsive solutions that recognize African American communities' unique strengths and historical context. The Hub represents an opportunity to implement what my research identifies as "wellness-focused leadership"—approaches that integrate individual healing with collective empowerment. I am committed to ensuring that the Hub's development centers community voices, particularly those who have been most marginalized, and creates sustainable structures that serve our community's self-determination rather than perpetuating dependency on systems not designed for our success. I would be honored to contribute my lived experience, professional expertise, and research insights to help establish this vital resource for Contra Costa County's African American community. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) Lived Experience with Target Population Challenges: Experienced homelessness as a single mother with two young sons, providing direct understanding of housing instability, resource navigation barriers, and the particular challenges facing African American families in crisis Systems-impacted family member: Brother's incarceration provided firsthand experience with the collateral consequences of mass incarceration on African American families, including navigating visitation systems, understanding reentry challenges, and supporting family members through the criminal justice process Navigated public benefit systems (Medi- Cal, CalFresh) while managing chronic health conditions and maintaining employment and educational goals Understand the intersection of wellness, housing security, family stability, and criminal justice involvement from personal experience Current Professional Leadership: Senior Academic and Student Services Manager (Economic and Workforce Development), Contra Costa College - managing programs that serve diverse student populations with complex needs Program Manager, Rising Scholars Program - providing comprehensive support to formerly incarcerated individuals, including housing navigation, mental health resources, educational pathways, and family reunification support Board President, Oakland Elizabeth House (2023-present) - nonprofit governance experience serving vulnerable Mariah Bruce Upload a Resume women and families Progressive Higher Education Administration Experience: Director of Admissions, Holy Names University - institutional operations and student services administration Senior Enrollment Advisor/Team Lead & Program Developer, University of Phoenix - team leadership and program development from concept to implementation Cross- sector experience spanning public community college, private nonprofit, and for-profit educational institutions, providing perspective on different organizational models Relevant Professional Expertise: Reentry Support: Direct experience managing Rising Scholars program serving formerly incarcerated African American males and females with wraparound support services, enhanced by personal understanding of how incarceration impacts entire family systems and communities Resource Navigation: Daily work connecting students and community members to public benefits, healthcare access, housing resources, and educational opportunities Behavioral Health: Trauma-informed care training and experience supporting individuals with mental health challenges, substance use disorders, and complex trauma histories Housing Navigation: Practical experience helping families with young children access emergency housing, transitional housing, and permanent housing solutions Committee Leadership and Collaborative Governance: Chair, Contra Costa College Rising Scholars Steering Committee Chair, Learning Aligned Employment Program Implementation Committee Member, Professional Development Committee These roles demonstrate ability to facilitate multi-stakeholder processes and build consensus around complex community needs Educational Background: Doctoral Candidate (EdD), Educational Leadership, California State University Sacramento (Spring 2026) MBA, Human Resource and Project Management, University of Phoenix (2015) MA, Adult Education and Training, University of Phoenix (2009) BS, Business Administration, San Francisco State University (2006) Research and Policy Expertise: Dissertation research: "The Integration of Joy and Wellness: A Narrative Inquiry into Leadership Among Black Women Community College Leaders" - examining culturally responsive wellness approaches during periods of institutional challenge Focus on holistic wellness frameworks that address systemic barriers while honoring African American cultural strengths and community wisdom Research on leadership during "rights retrenchment era" - understanding how policy rollbacks affect marginalized communities and require adaptive service delivery models Teaching and Community Education Experience: ITT Technical Institute (2014-2016): Introduction to Business, Business Communications, Foundations for College Success, Finance Experience breaking down complex information and supporting skill-building for diverse learners Relevant for Hub's community education and capacity-building components Community Engagement and Cultural Competency: Demonstrated commitment to African American community empowerment through professional roles and volunteer leadership Experience creating culturally responsive programming that addresses intersectional challenges Understanding of how historical trauma, systemic racism, and current policy environments impact wellness outcomes for African American residents Organizational Development and Program Creation: Program Developer role demonstrates experience creating new initiatives from concept to implementation Nonprofit board governance experience with fiduciary responsibility and strategic planning Budget management and grant administration experience Experience with stakeholder engagement, community outreach, and collaborative decision-making processes Communication and Facilitation Skills: Teaching experience across multiple educational settings Public speaking and presentation experience through professional development and community engagement Experience facilitating difficult conversations around equity, inclusion, and community needs Geographic and Demographic Representation: Long-term Contra Costa County resident with deep community connections Personal experience with multiple systems (healthcare, education, social services) that the Hub will coordinate Represents intersection of professional expertise and lived experience that the TCAB needs for authentic community input Would you like to be considered for appointment to other advisory bodies for which you may be qualified? Yes No Mariah Bruce Do you have any obligations that might affect your attendance at scheduled meetings? Yes No If Yes, please explain: I am completing my dissertation and have not yet seen the schedule of meeting to know if they conflict with this or my board presidency 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. Current Volunteer Leadership: Board President, Oakland Elizabeth House (2023-present) - Nonprofit organization serving vulnerable women and families Professional Committee Service: Chair, Contra Costa College Rising Scholars Steering Committee - Leading strategic planning and oversight for formerly incarcerated student support program Chair, Learning Aligned Employment Program Implementation Committee - Guiding workforce development program implementation Member, Professional Development Committee - Contributing to institutional professional growth initiatives 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: Mariah Bruce 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. Mariah Bruce Submit Date: Sep 24, 2025 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Employer Job Title Contra Costa County Boards & Commissions Application Form Profile District Locator Tool Resident of Supervisorial District: District 2 Length of Employment Do you work in Contra Costa County? Yes No If Yes, in which District do you work? How long have you lived or worked in Contra Costa County? Since 1991 - 34 years Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? African American Holistic Wellness and Resource Hub Transitional Community Advisory Board: Submitted Seat Name Angela Butler Owens Danville CA 94506 Angela Butler Owens 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 Golden Gate University Degree Type / Course of Study / Major Masters of Science/Telecommunications Management Degree Awarded? Yes No College/ University B Name of College Attended Cogswell Polytechnical College Degree Type / Course of Study / Major Bachelors of Science/Electronics Engineering Technology Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Other Trainings & Occupational Licenses Angela Butler Owens Other Training A PMP Certificate Awarded for Training? Yes No Other Training B ACP-PMI Certificate Awarded for Training? Yes No Occupational Licenses Completed: PMP, ACP-PMI, Stanford Advanced Program Management Certified Qualifications and Volunteer Experience Please explain why you would like to serve on this particular board, commitee, or commission. I have been a proud resident of Danville, CA (Contra Costa County) since August 1991, where I raised my two children and witnessed our town grow into a vibrant and thriving community. Throughout these years, I have remained deeply aware of community issues and needs, and while my professional career limited my availability to volunteer in the past, I am now in a position to give back through meaningful service. My 41-year technical career began in Sunnyvale and spanned decades in Silicon Valley, where I gained extensive leadership and management experience across highly complex projects. I currently run my own business and hold a Master of Science in Telecommunications Management from Golden Gate University and a Bachelor of Science in Electronics Engineering Technology from Cogswell Polytechnical College. In addition, I am PMP and ACP-PMI certified through the Project Management Institute, and I hold an advanced program management certification (SCPM) from Stanford University. With this strong foundation in leadership, strategy, and collaboration, I am eager to apply my skills in service to the community. I am particularly interested in volunteering for the Advisory Board of the African American Holistic Wellness and Resource Hub Transitional Community, where I believe my background in program management and community-focused problem-solving can directly support initiatives that strengthen equity, wellness, and access to resources. Additionally, I would welcome the opportunity to serve on the Advisory Council on Equal Employment Opportunity, the Affordable Housing Finance Committee, and the Advisory Council on Aging. Each of these areas represents critical issues facing Contra Costa County—ensuring fairness in employment, expanding access to affordable housing, and providing vital support for our aging population. I am motivated to contribute my experience, perspective, and dedication to advancing solutions that make a positive impact on individuals, families, and our broader community. Angela Butler Owens Upload a Resume Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I have been a proud resident of Danville, CA (Contra Costa County) since August 1991, where I raised my two children and witnessed our town grow into a vibrant and thriving community. Throughout these years, I have remained deeply aware of community issues and needs, and while my professional career limited my availability to volunteer in the past, I am now in a position to give back through meaningful service. My 41-year technical career began in Sunnyvale and spanned decades in Silicon Valley, where I gained extensive leadership and management experience across highly complex projects. I currently run my own business and hold a Master of Science in Telecommunications Management from Golden Gate University and a Bachelor of Science in Electronics Engineering Technology from Cogswell Polytechnical College. In addition, I am PMP and ACP-PMI certified through the Project Management Institute, and I hold an advanced program management certification (SCPM) from Stanford University. With this strong foundation in leadership, strategy, and collaboration, I am eager to apply my skills in service to the community. I am particularly interested in volunteering for the Advisory Board of the African American Holistic Wellness and Resource Hub Transitional Community, where I believe my background in program management and community-focused problem-solving can directly support initiatives that strengthen equity, wellness, and access to resources. Additionally, I would welcome the opportunity to serve on the Advisory Council on Equal Employment Opportunity, the Affordable Housing Finance Committee, and the Advisory Council on Aging. Each of these areas represents critical issues facing Contra Costa County—ensuring fairness in employment, expanding access to affordable housing, and providing vital support for our aging population. I am motivated to contribute my experience, perspective, and dedication to advancing solutions that make a positive impact on individuals, families, and our broader community. 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: Angela Butler Owens List any volunteer or community experience, including any advisory boards on which you have served. Castlemont High School Alumni Association - Board of Directors: Membership Chair 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 Angela Butler Owens 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. Angela Butler Owens ANGELA V. BUTLER OWENS, PMP, PMI-ACP, CSM, CSP, SCPM Email Address Cell Number: OBJECTIVE Angela V. Butler Owens is a certified and experienced Senior Project Manager, Agile Coach, and Technical Program Manager with a strong background in hardware and software NPI projects, Agile/Waterfall methodologies, and cross-functional leadership. She holds multiple certifications, including PMP, PMI-ACP, CSM, CSP, and Stanford SCPM. Known for her energetic, efficient management style, she excels in fast-paced, regulated environments (cGMP/GXP). Angela is proficient in a wide range of project management and collaboration tools such as MS Project, Smartsheet, Jira, Confluence, and Salesforce (admin cert pending). She has also received notable recognition, including two CHSAA Hall of Fame inductions and a nomination for Black Engineer of the Year. SKILLS *Strong understanding of Agile/ (Define, Measure, Analyze, Improve and Control (DMAIC)) /SCRUM/Lean/Agile/Waterfall methodologies *Proficiency with project management software tools such as Microsoft Office (Project & Excel), Smartsheet, Google (Google Suite: gMeet, gCAL, gDocs, gChat, gHangouts, gMail), WebEx, Visio, PlanisWare, Plainview, Slack, Zoom, Generative AI fundamentals AWARDS & RECOGNITION: *Unprecedented 2x CHSAA Hall of Fame Recipient: 2019: Inducted into Castlemont’s Hall of Fame for Sports – received Hall of Fame Sports Award 2019: Inducted into Castlemont’s Hall of Fame for Academics – received the Distinguished Knight in Shining Armor Award – Recognized as one of our Local “Hidden Figures” *Nominated by Black Engineer Magazine – Black Engineer of the Year PROFESSIONAL EXPERIENCE Board of Director – Castlemont High School Alumni Association Castro Valley, CA | Dec. 2018 – Present •Serve as Board Member and Membership Chair for this 501(c)(3) nonprofit organization. •Manage and maintain the organization’s website and online presence. Owner/Founder – A. Vanea By Designs Danville, CA | Dec. 2022 – Present •Property Manager for four residential units in the San Francisco Bay Area. •Oversee remodeling, staging, and preparation for apartment rentals. TATA Consulting Services, Remote Location: Danville, CA Technical Program Manager, Google – CAIIS Cloud AI & Industry Solutions (Remote) | Dec 2022 – Dec 2023 ▪Led a cross-functional team (3–6 members) focused on advancing Large Language Models (LLMs), model fine-tuning, and AI-generated source code evaluation. Collaborated with engineers, scientists, and product teams to improve LLM capabilities for tasks such as translation, summarization, and code generation. Oversaw model garden fine-tuning strategies and developed robust methods to assess the safety and accuracy of AI-generated code. Drove alignment across stakeholders, managed high-impact projects to meet deadlines, and communicated key insights through technical discussions, reporting, and refinement of customer user journeys. Technical Program & Project Manager | Google | Humana | Kaiser Permanente | May 2020 – Dec 2022 Experienced Technical Program Manager with a strong background in business intelligence, cloud operations, AI/ML, and IT infrastructure. ▪At Google Cloud Sales (BI CoE GTM), led end-to-end delivery of reporting, analytics, and dashboarding solutions. Managed cost forecasting, resource planning, and onboarding for onshore staff while implementing a streamlined candidate screening process that doubled placement success. Established training programs and built cross-functional SME engagement models to enhance operational throughput. ▪At Humana, managed telephony systems and test lab environments to ensure timely delivery across AEP programs. ▪At Kaiser Permanente, drove AI/ML initiatives supporting Nurse Triage and infrastructure projects within the ePIMS program. Led sprint planning, backlog grooming, and daily Agile ceremonies using Jira and Confluence. Delivered data models and dashboards, and ensured compliance through structured change management practices. ▪Skilled in project tools including Jira, Confluence, Tableau, Looker, PLX, GoogleSQL, SmartTrack, ServiceNow, and MS Project, with a consistent record of improving delivery processes, operational efficiency, and team performance across enterprise healthcare and tech organizations. Sr. Project Manager – Device Technology Development, Laboratory Operations Genentech, South San Francisco, CA | Jan 2018 – Oct 2019 ▪Led complex GXP/GMP-regulated device and lab operations projects within Genentech’s Device Technology Development division. Spearheaded PMO-driven process improvements supporting quality systems, design controls, and lab efficiency initiatives. Oversaw project planning, documentation, and stakeholder alignment, while managing equipment qualification, test method validation, and system upgrades. ▪Acted as a key liaison between vendors, global Roche stakeholders, and internal lab teams to coordinate schedules, deliverables, and compliance activities. Maintained project repositories and created tools to improve project tracking and execution. Supported lab audit readiness, migration of electronic method files, and implementation of lab equipment enhancements —ensuring regulatory compliance and operational excellence. Sr. Project Manager – Integrated Quality Systems (IQS/PQS), Laboratory Information Systems Gilead Sciences, Foster City, CA | Apr 2017 – Dec 2017 ▪Led Agile project delivery for key Quality and Laboratory Information Systems (LIS) initiatives aligned with Gilead’s IQS roadmap. Oversaw full project lifecycle using Gilead’s internal GPS methodology (Idea to Support), collaborating cross-functionally with Business Leads, QA, Validation, and IT to ensure compliance with GxP standards. ▪Managed multiple work streams within the Pharmaceutical Development Management (PDM) group, providing project planning, risk mitigation, change control, and stakeholder communication. Facilitated Agile ceremonies, coached teams on Agile principles, and coordinated system validation and training. Delivered executive dashboards and ensured on-time, on-budget delivery with continuous improvement through post-implementation reviews. ▪Directed Agile project delivery for pharmaceutical development and quality systems, focusing on LIS initiatives that enhanced lab efficiency and compliance. Partnered with cross- functional stakeholders to deliver validated, scalable solutions supporting drug development pipelines. Managed training, risk mitigation, and implementation in alignment with Gilead’s IQS roadmap. Led project teams through all lifecycle phases, ensuring timely, cost-effective outcomes for core pharma operations. StubHub (An eBay Company), San Francisco, CA Technical Project Manager / Scrum Master – PMO | Jul 2016 – Mar 2017 ▪Led three Agile software teams and a data migration team supporting seven critical initiatives within the Seller Ecosystem portfolio. Oversaw end-to-end delivery of major projects including e-commerce platform data migration and pricing optimization, resulting in measurable revenue growth. Facilitated all Agile ceremonies, managed cross-functional dependencies, and coached distributed teams (US/India) in Agile best practices. Organized quarterly release planning sessions with 40+ stakeholders, maintained team performance metrics, and supported enterprise-wide Agile transformation efforts. Trained in GMP/GDP compliance and recognized for proactive leadership and problem-solving. OncoCyte, LLC, Alameda, CA Director, Project Manager Consultant – Project Management Group | Nov 2015 – Jul 2016 ▪Led end-to-end project management for a complex Pharma R&D program, overseeing planning, execution, and product launch readiness using both Agile and Waterfall methodologies. Developed and maintained structured project plans and schedules, identified critical path dependencies, and drove cross-functional collaboration. Served as the core PM liaison for the R&D team, proactively managing program risks and implementing mitigation strategies to ensure timely and effective delivery. Fresenius Medical Care North America, Concord, CA Engineering Project Manager – PD Production/Packaging R&D | Mar 2015 – Sep 2015 ▪Led cross-functional R&D programs from planning through production readiness using both Agile and Waterfall approaches. Developed and managed detailed project schedules, identified and mitigated key risks, and ensured delivery of high-quality outcomes. Acted as a core R&D team representative in broader program teams, driving scope, objectives, and resource planning. Built strong stakeholder relationships and supported product launch efforts, including marketing and packaging initiatives. Bio-Rad Laboratories, Hercules, CA Sr. Project Manager / Scrum Master – Gene Expression Division, Life Sciences | Sep 2013 – Feb 2015 ▪Led cross-functional teams in the development of complex system-level life sciences products, integrating hardware, software, consumables, and reagents. Managed full product lifecycle from initiation through commercialization, using Agile/Scrum (via TFS) and PLM/PDM tools. Oversaw project planning, critical path management, team coordination, and interdepartmental collaboration across R&D, QA, Marketing, Tech Support, and Manufacturing. Ensured timely delivery by maintaining detailed documentation, meeting facilitation, and regular status tracking. Abbott Laboratories, Santa Clara, CA Software Project Manager / Scrum Master – Hematology Diagnostics Division (Sep. 2011 – Jul. 2013) ▪Led cross-functional Agile/Scrum teams through full product lifecycle (NPI) for client-server hematology diagnostic systems. Coordinated efforts across R&D, Quality, Marketing, Regulatory, and Manufacturing to deliver compliant, market-ready software products. Managed sprint cycles and requirements using Jira and DOORS, facilitated team meetings, tracked deliverables, and ensured on-time completion of all milestones within defined schedules. PMI – Project Management Institute, Santa Clara, CA Project Management Professional (PMP) Certification (Oct. 2009 – Dec. 2011) Completed formal training in project management and agile methodologies; earned PMP Certification (License #1476759). Gained in-depth knowledge of project lifecycle frameworks, risk management, and stakeholder engagement. Certification valid through Dec. 2017. Varian Medical Systems, Inc., Palo Alto, CA Program Manager, Oncology Information Systems (OIS) (Aug. 2002 – Sep. 2009) ▪Led development and delivery of OIS applications and medical device projects, including EMR capabilities, managing cross-functional and international teams of 8–35 members. Oversaw both new product development and continuation engineering releases. Acted as liaison across engineering, QA, marketing, and manufacturing to ensure program success. Successfully transitioned R&D projects to production while meeting evolving marketing needs. Supported FDA inspections and internal audits as engineering lead. Microsoft Corp., Mountain View, CA Sr. Program Manager – Deployment/Packaging NPI (Dec. 2001 – Aug. 2002) ▪Led development and deployment of MSN TV services and upgrades via Set-Top Boxes, focusing on integrated communications and entertainment. Created functional specs, managed project documentation under the Microsoft Solutions Framework (MSF), and coordinated cross-functional teams across engineering, QA, operations, and support to ensure on-time service releases. AOL/Time Warner, Mountain View, CA Sr. Program Manager (Jan. 2000 – Sep. 2001) ▪Led Netscape Communicator 4.7x and Netscape 6.1 browser projects, managing cross- functional teams through full release cycles. Oversaw deliverables, tracked progress to release milestones, and implemented SOA technology using customer data for product customization. Managed schedules, facilitated team communications, created tracking metrics, and conducted post- mortems—consistently delivering on time and within expectations. Digital Market, Inc., Sunnyvale, CA Program Manager (Sep. 1999 – Dec. 1999) ▪Served as the sole Program Manager at a pre-IPO B2B eCommerce startup, driving on-time delivery of a leading eProcurement product. Collaborated with product marketing and engineering to define release strategies, manage resources, track milestones, and resolve issues across the development lifecycle. Clarify, Inc., San Jose, CA Sr. Project Manager (Mar. 1998 – Aug. 1999) ▪Led cross-functional teams in delivering complex software projects focused on enhancing Clarify’s CRM client/server applications, including web-enabling core architecture and Sales Force Automation (SFA) modules. Oversaw full project lifecycle including planning, risk management, process improvement, executive reporting, and resolution of technical issues. Apple Computer, Inc., Cupertino, CA Engineering Project Manager / Project Lead (Apr. 1995 – Mar. 1998) ▪Led software development and quality assurance for CPU System Software Engineering, managing complex SW/HW integration projects from planning through delivery. Oversaw cross-functional teams, vendor relationships, and third-party software bundling, with a strong focus on risk mitigation, branding, and marketing strategy. Successfully drove high-volume desktop product launches and resolved critical technical and schedule-impacting issues. EDUCATION & CERTIFICATIONS •Master’s Degree, Telecommunications Management – Golden Gate University •Bachelor’s Degree, Electronics Engineering Technology – Cogswell Polytechnical College •Stanford Certified Project Manager (SCPM®) – Stanford University •Project Management Professional (PMP®) – PMI •Agile Certified Practitioner (ACP®) – PMI •Certified Scrum Master (CSM®) and Certified Scrum Professional (CSP®) – Scrum Alliance •Salesforce CRM Administrator Certification – Pending, San Francisco, CA PROFESSIONAL MEMBERSHIPS & AFFILIATIONS •Project Management Institute (PMI) – PMP® License #1476759 •Scrum Alliance, Inc. – CSM® License #000183132 •Society of Women Engineers (SWE) – ID# 363515 •National Society of Black Engineers (NSBE) – ID# 252186 •Institute of Electrical and Electronics Engineers (IEEE) – ID# 92787700 ◦IEEE Women in Engineering, IEEE Consumer Electronics •Women in Technology International (WITI) – ID# 44215 •Lean In Circle, Palo Alto Charter Member •Alpha Kappa Alpha Sorority, Inc., Rho Delta Omega Chapter, Palo Alto, CA •Disabled American Veterans (DAV) Auxiliary, Lifetime Member – Unit #7, Oakland, CA •Jack and Jill of America, Contra Costa Chapter – Lifetime Member, Former President/Co-Chair (FW-CCC-14742) •Castlemont High School Alumni Association (CHSAA) – Lifetime Member, Board of Directors, Website Admin, Membership Chair Submit Date: Sep 11, 2025 First Name Middle Initial Last Name Home A ress Suite or Apt City State Postal Code Email Address Employer Job Title Contra Costa County Boards & Commissions Application Form Profile District Locator Tool Resident of Supervisorial District: District 3 Length of Employment 16 months Do you work in Contra Costa County? Yes No If Yes, in which District do you work? District 3 How long have you lived or worked in Contra Costa County? 7 years Are you a veteran of the U.S. Armed Forces? Yes No Board and Interest Which Boards would you like to apply for? African American Holistic Wellness and Resource Hub Transitional Community Advisory Board: Submitted Rachel R Corona Brentwood CA 94513 Yoga Six Yoga Instructor Rachel R Corona Seat Name Have you ever attended a meeting of the advisory board for which you are applying? Yes No If Yes, how many meetings have you attended? 2 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Los Medanos Degree Type / Course of Study / Major Associates in Sociology Degree Awarded? Yes No College/ University B Name of College Attended Cal Poly Humboldt Degree Type / Course of Study / Major Bachelors of Social Work (senior year) Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Rachel R Corona Degree Awarded? Yes No Other Trainings & Occupational Licenses Other Training A Trauma Informed Yoga Certificate Awarded for Training? Yes No Other Training B Trauma Informed Assistant Teacher for ECE Certificate Awarded for Training? Yes No Occupational Licenses Completed: Qualifications and Volunteer Experience Please explain why you would like to serve on this particular board, commitee, or commission. I would like to serve on this board because I am deeply committed to advancing holistic wellness, equity, and transitional support services for African American communities in Contra Costa County. As a nonprofit leader and social work student, I have dedicated my career to creating trauma-informed spaces that uplift vulnerable populations, including the unhoused, individuals with disabilities, and those impacted by systemic inequities. Being part of bringing services to my own community is meaningful and central to the life work I have dedicated myself to. This is both a professional and personal mission to ensure that African American families have access to culturally responsive care, healing practices, and transitional supports that foster resilience and opportunity. I believe this board plays a vital role in bridging gaps in care and addressing long-standing disparities in physical, mental, and spiritual health. My background in trauma-informed yoga, Reiki, and meditation, along with my focus on social justice and community engagement, equips me to contribute both practical wellness expertise and a systems-level perspective. Serving on this board would allow me to collaborate with others who share the vision of strengthening access, healing, and equity for our community. Rachel R Corona Upload a Resume Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I am currently pursuing a degree in social work at Cal Poly Humboldt, where I am deepening my knowledge of systemic inequities, community wellness, and evidence-based approaches to supporting families on a clinical level. My education is built on a lifelong commitment to racial equity, which has guided both my personal and academic journey. From a young age, I have been striving to not only understand issues of justice and equity, but also to educate others and create dialogue that encourages awareness, compassion, and action. As part of this commitment, I served as a Social Justice and Ethnic Studies tutor at Los Medanos College. In this role, I supported students in understanding complex concepts, facilitated critical discussions, and fostered an environment where diverse voices and perspectives could be valued. In addition, I regularly host study group meetings that emphasize collaboration, peer learning, and shared responsibility in addressing social challenges. I also focus on decolonization in my practice and daily life, believing that this work is essential for bringing us back to our roots as a community. Decolonization, means honoring ancestral wisdom, reclaiming cultural practices, and resisting systems of oppression that divide us. I see this as a vital pathway to both personal healing and collective wellness. Together, my academic training, tutoring experience, dedication to racial equity, and decolonization practice qualify me to serve meaningfully on the African American Wellness Hub and Transitional Committee in Contra Costa County. Would you like to be considered for appointment to other advisory bodies for which you may be qualified? Yes No Do you have any obligations that might affect your attendance at scheduled meetings? Yes No If Yes, please explain: Are you currently or have you ever been appointed to a Contra Costa County advisory board? Yes No If Yes, please list the Contra Costa County advisory board(s) on which you are currently serving: If Yes, please also list the Contra Costa County advisory board(s) on which you have previously served: List any volunteer or community experience, including any advisory boards on which you have served. Conflict of Interest and Certification Rachel R Corona 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 Rachel R Corona 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. Rachel R Corona Rachel Ruth Corona rentwood, CA | | Education Los Medanos Community College | Spring 2024 GPA: 3.594 Associate of Arts in Sociology with honors Cal Poly Humboldt | In Progress GPA: 4.0 Bachelor of Arts in Social Work Presidential Scholar Phi Alpha Honor Society Member Presidential Scholar Relevant Coursework: ● Social Work Methods I & II ● Introduction to Social Work ● Diversity, Equity, and Social Justice Frameworks ● Human Behavior and the Social Environment ● Social Work Policy ● Human Behavior and the Social Environment – Dynamics of Groups, Agencies, and Organizations ● Social Agency Experience ● Social Work Field Preparation ● Advanced Practices: Trauma Informed Community Practice ● Grant Writing Social and Environmental Justice Yoga Instructor Various Locations, CA | July 2014 - Present ● Develop and lead sequenced trauma informed yoga classes, including Hatha, Vinyasa, Yin, Restorative, Hot, Aerial and Chair Yoga. ● Taught at multiple locations, including Yoga Six, Brentwood Yoga Center, In-Shape Family Fitness Brentwood and Summerset Community. ● Creates safe, inclusive spaces for students of all levels, integrating mindfulness and stress reduction practices. Holistic Health Experience Founder & Director Pacific Coast Holistic Institute, Brentwood, CA | April 2023 – Present ● Founded a non-profit offering trauma-informed yoga, Reiki, and meditation to vulnerable populations, including seniors and unhoused individuals. ● Developed and led programs focused on mental health, emotional regulation, and trauma recovery. ● Built partnerships with community organizations to expand access to holistic services. ● Authored grant proposals to fund mobile wellness units designed to bring free, trauma-informed care to underserved neighborhoods. Volunteer Tutor & Yoga Instructor Step Up Tutoring | Remote | May 2025 – Present ● Provide one-on-one virtual high impact tutoring and mentorship to elementary and middle school students in under-resourced communities, focusing on both academic achievement and emotional well-being. ● Apply trauma-informed, student-centered teaching methods to build confidence, engagement, and self-regulation skills in young learners. ● Designed and taught a customized yoga and mindfulness class for Step Up’s summer camp, supporting students’ focus, emotional balance, and physical wellness. ● Align with Step Up’s mission to combine technology, individualized support, and mentorship to close opportunity gaps and create equitable learning environments. Social Justice & Academic Experience Social Justice, Ethnic Studies, and General Tutor Los Medanos Community College, Pittsburg, CA | August 2023 - May 2024 ● Conducted tutoring for students in social justice and ethnic studies courses. ● Assisted students in understanding key concepts related to diversity, equity, and social justice. Additional Certifications ● Trauma-Informed Early Childhood Education Certification ● Assistant Teacher in Early Childhood Education Yoga & Wellness Certifications ● 200-Hour Hatha Yoga Instructor – Brentwood Yoga Center, Brentwood, CA ● 30 hour Trauma-Informed Yoga – Firefly Yoga International ● 40-Hour Trauma-Informed Yoga – Yoga Mu Institute ● 20-Hour Chair Yoga – Yoga Mu Institute ● 40-Hour Children's Yoga – Yoga Mu Institute ● Reiki Master/Teacher ● CPR & AED Certified ● 100-Hour Meditation (In Progress) ● 300-Hour Yoga Instructor (In Progress) ● Yoga Therapist (In Progress) References Kaylah Watson B in P rtn r to the Chief of Business, Remitly Sandra Mills Center for Academic Support, Los Medanos College, Pittsburg, CA | Local One/AFSCME Rep 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4331 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE Board meeting minutes for September 2025. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Monica Nino, County Administrator Report Title:Approve the Board meeting minutes for September 2025 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Board meeting minutes for September 2025, 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 1/2/2026Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4333 Name: Status:Type:Consent Item Passed File created:In control:10/1/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Antioch Unified School District to rent spaces at Black Diamond Middle School, Carmen Dragon Elementary, Dallas Ranch Middle School, Deer Valley High School, John Muir Elementary School, and Lone Tree Elementary School for a polling sites for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Sites in the Antioch Unified School District for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Antioch Unified School District to rent spaces at Black Diamond Middle School, Carmen Dragon Elementary, Dallas Ranch Middle School, Deer Valley High School, John Muir Elementary School, and Lone Tree Elementary School for a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Black Diamond Middle School, Carmen Dragon Elementary, Dallas Ranch Middle School, Deer Valley High School, John Muir Elementary School, and Lone Tree Elementary School. The User Agreement and Conditions of Use for these sites contain an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Antioch Unified School District for use of these sites as voting locations. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the sites on November 4, 2025. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4333,Version:1 CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use these sites as voting locations. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4334 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Skillcraft, Incorporated in the amount of $200 to rent the International Brotherhood of Electrical Workers Local 302 facilities for pollworker training and a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Training and Polling Site in the City of Martinez for November 4, 2025 Statewide Special Election ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Skillcraft, Incorporated to rent the Local IBEW 302 facilities for Pollworker Training and a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: $200. (100% General Fund) BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide pollworker training and 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Local IBEW 302 facilities located at 1875 Arnold Dr, Martinez. The Liability Waiver and Hold Harmless Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless Skillcraft, Inc., International Brotherhood of Electrical Workers, Local 302 for use of this site as a training and a voting location. For a training location, the agreement provides the County with the use of the site on October 13 and October 15, 2025. For election day voting, as well as set up and take down of voting equipment, the agreement provides the County with the use of the site on November 4, 2025. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4334,Version:1 CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a training or voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4335 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Brentwood to rent space at the Brentwood Community Center for pollworker training, early voting, and a polling site for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Sites in the City of Brentwood for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Brentwood to rent space at the Brentwood Community Center for Pollworker Training, Early Voting, and a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide pollworker training, 5 Regional Early Voting locations, and 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Brentwood Community Center. The Facility Rental Application for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of Brentwood for use of the site as training and voting locations. For training, the agreement provides the County with the use of the site on October 13 and 24, 2025. For Early Voting, the site provides the County with the use of the site on October 31, November 1, and November 3, 2025. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the site on November 4, 2025. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4335,Version:1 CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a training or voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4336 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Saint Matthew Lutheran Church to rent space on October 23, 2025 for pollworker training for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Training Site in the City of Walnut Creek for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with Saint Matthew Lutheran Church to rent space on October 23, 2025 for Pollworker Training for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide pollworker training for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Saint Matthew Lutheran Church in Walnut Creek. The Facility Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Saint Matthew Lutheran Church for use of the site as a training location. For training, the agreement provides the County with the use of the site on October 23, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a training location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4336,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4337 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the San Ramon Valley United Methodist Church in the amount of $1,200 to rent space at the Fireside Room and the Wesley Center Great Hall for Early Voting and a Polling Site for the November 4, 2025 Statewide Special Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Early Voting and Polling Site in the City of San Ramon for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the San Ramon Valley United Methodist Church to rent space at the Fireside Room and the Wesley Center Great Hall for Early Voting and a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: $1,200. (100% General Fund) BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 5 Regional Early Voting locations and 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the San Ramon Valley United Methodist Church. The Facility Use Application for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the San Ramon Valley United Methodist Church for use of the site as a voting location. For early voting, the agreement provides the County with the use of the site from October 30 through November 3, 2025. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the site on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4337,Version:1 The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4338 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Easter Hill United Methodist Church in the amount of $590 to rent space at the Mann-Swisher Hall and the parking lot for a depot location and a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for a Depot and Polling Site in the City of Richmond for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Easter Hill United Methodist Church to rent space at the Mann-Swisher Hall and the Parking Lot for a Depot location and a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: $590. (100% General Fund) BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Easter Hill United Methodist Church. The Facility Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Easter Hill United Methodist Church for use of the site as depot and voting location. For the depot, the agreement provides the County with the use of the parking lot on October 31 and November 4, 2025. For election day voting, as well as set up and take down of voting equipment, the agreement provides the County with the use of the site on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4338,Version:1 The Elections Office will not be able to use this site as a depot or voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4339 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Lafayette War Veterans, Inc., in an amount not to exceed $1,238 to rent space at the Lafayette Veterans Memorial Building for a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Site in the City of Lafayette for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Lafayette War Veterans, Inc. to rent space at the Lafayette Veterans Memorial Building for a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: $1,237.50 (100% General Fund). BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Lafayette Veterans Memorial Building. The Facility Rental Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Lafayette War Veterans, Inc. for use of the site as a voting location. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the site on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4339,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4340 Name: Status:Type:Consent Item Passed File created:In control:10/3/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of San Ramon to rent spaces at the San Ramon City Hall, Amador Rancho Community Center, San Ramon Community Center, Alcosta Senior and Community Center, and Dougherty Station Community Arts Center for pollworker training and polling sites for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Training and Polling Sites in the City of San Ramon for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of San Ramon to rent spaces at the San Ramon City Hall, Amador Rancho Community Center, San Ramon Community Center, Alcosta Senior and Community Center, and Dougherty Station Community Arts Center for pollworker training and polling sites for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide pollworker training and 141 polling places throughout the county for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the San Ramon City Hall, Amador Rancho Community Center, San Ramon Community Center, Alcosta Senior and Community Center, and Dougherty Station Community Arts Center. The Facility Use Agreements for these sites contain an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of San Ramon for use of the sites as training and voting locations. For training, the agreements provide the County with the use of San Ramon Community Center on October 14, October 16, October 21, and October 23, 2025. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the sites on November 4, 2025. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4340,Version:1 CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use these sites as training or voting locations. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4341 Name: Status:Type:Consent Item Passed File created:In control:10/3/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Acalanes Union High School District to rent space at Acalanes High School and Las Lomas High School for polling sites for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Sites in the Acalanes Union High School District for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Acalanes Union High School District to rent space at Acalanes High School and Las Lomas High School for Polling Sites for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include Acalanes High School and Las Lomas High School. The Facility Rental Permit Application for these sites contain an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Acalanes Union High School District for use of the sites as voting locations. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the site on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use these sites as voting locations. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4341,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4342 Name: Status:Type:Consent Item Passed File created:In control:10/3/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Pinole to rent space at the Pinole Senior Center and the Pinole Youth Center for pollworker training and a polling site for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Training and a Polling Site in the City of Pinole for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Pinole to rent space at the Pinole Senior Center and the Pinole Youth Center for Pollworker Training and a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide pollworker training and 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Pinole Senior Center and the Pinole Youth Center. The Facility Rental Application for these sites contain an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of Pinole for use of the sites as training and voting locations. For training, the agreement provides the County with the use of the Youth Center on October 21, 2025. For election day voting, as well as set up and take down of voting equipment, the agreement provides the County with the use of the site on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use these sites as a training or voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4342,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4343 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of El Cerrito to rent space at the Hana Gardens Senior Center and the El Cerrito Community Center for polling sites for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Sites in the City of El Cerrito for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of El Cerrito to rent space at the Hana Gardens Senior Center and the El Cerrito Community Center for Polling Sites for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Hana Gardens Senior Center and the El Cerrito Community Center. The Rental Conditions and Agreement for these sites contain an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of El Cerrito for use of the sites as voting locations. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the sites on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4343,Version:1 The Elections Office will not be able to use these sites as voting locations. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4344 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent space at the Antioch Community Center for pollworker training for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Training Sites in the City of Antioch for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Antioch to rent space at the Antioch Community Center for Pollworker Training for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide pollworker training for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Antioch Community Center. The Facility Rental Application for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of Antioch for use of the site as a training location. For training, the agreement provides the County with the use of the site on October 17, October 20, and October 22, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a training location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4344,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4345 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Contra Costa Community College District to rent space at Diablo Valley College Parking Lot #9 Golf Club Rd for depot site for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Depot Sites in the Contra Costa Community College District for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Contra Costa Community College District to rent space at the Diablo Valley College Parking Lot #9 Golf Club Rd for a Depot Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Depot Sites are utilized to distribute Inspector supplies to pollworkers as well as a central location to collect supplies on election night. A site that will be utilized is the Parking Lot #9 at the Diablo Valley College. The Use Application for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Contra Costa Community College District for use of the site as a depot location. For depot location, the agreement provides the County with the use of the site on October 31 and November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a depot location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4345,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4346 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of San Pablo in the amount of $415 to rent space at the San Pablo Library for pollworker training for the November 4, 2025 Statewide Special Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Training Site in the City of San Pablo for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of San Pablo to rent space at the San Pablo Library for Pollworker Training for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: $415 (100% General Fund.) BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide pollworker training for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the San Pablo Library. The Facility Rental Application for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of San Pablo for use of the site as a training location. For training, the agreement provides the County with the use of the site on October 24, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a training location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4346,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4347 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Pittsburg United Methodist Church in the amount of $200 to rent the West Hall for a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Site in the City of Pittsburg for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Pittsburg United Methodist Church to rent the West Hall for a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: $200 (100% General Fund.) BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Pittsburg United Methodist Church. The Facilities Use Agreement for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Pittsburg United Methodist Church for use of the site as a voting location. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the site on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4347,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4348 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Oakley to rent space at the Oakley Recreation Center for a polling site for the November 4, 2025 Statewide Special Election. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Site in the City of Oakley for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the City of Oakley to rent space at the Oakley Recreation Center for a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: None. BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Oakley Recreation Center. The Facility Rental Application for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the City of Oakley for use of the site as a voting location. For election day voting, as well as set up and take down of voting equipment, the agreements provide the County with the use of the site on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4348,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4349 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Blackhawk Country Club in the amount of $450 to rent the Falls Banquet Room for a polling site for the November 4, 2025 Statewide Special Election. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristin Connelly, Clerk-Recorder Report Title:Agreement for Polling Site in the City of Danville for November 4, 2025 Statewide Special Election. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract with the Blackhawk Country Club to rent space at the Falls Banquet Room for a Polling Site for the November 4, 2025 Statewide Special Election. FISCAL IMPACT: $450. (100% General Fund.) BACKGROUND: The Elections Division of the Clerk-Recorder’s office will provide 141 polling places throughout the County for the November 4, 2025 Statewide Special Election. Sites that will be utilized include the Blackhawk Country Club. The Facility Rental Application for this site contains an indemnification and hold harmless provision, whereby the County agrees to indemnify and hold harmless the Blackhawk Country Club for use of the site as a voting location. For election day voting, as well as set up and take down of voting equipment, the agreement provides the County with the use of the site on November 4, 2025. CONSEQUENCE OF NEGATIVE ACTION: The Elections Office will not be able to use this site as a voting location. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4349,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4350 Name: Status:Type:Consent Item Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE Appropriation Adjustment No. BDA-25-00154 authorizing the transfer of current year fund balance of $50,000 to the Office of Communications & Media/CCTV for the purchase of studio and media related equipment to support productions and cable television channel management operations. Attachments:1. BDA-25-00154.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Kristi Jourdan, Communication and Media Director Report Title:Fund Balance Appropriation for Media Equipment in CCTV ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE Appropriation Adjustment No. BDA-25-00154 authorizing the transfer of current year fund balance of $50,000 to the Office of Communications & Media/CCTV for the purchase of studio and media related equipment to support productions and cable television channel management operations. FISCAL IMPACT: The Final County Budget for Fiscal Year 2025-26 includes “Obligated Fund Balances for FY 2025-26” showing that $2,822,622 has been obligated to CCTV/PEG (Public, Educational, Government Access Channels) in the General Fund. In addition to BDA-25-00148, which authorized the transfer of $40,000 of fund balance on September 16, 2025, this recommended appropriation adjustment will further reduce the fund balance by $50,000 to provide for the purchase of critical equipment for the operations of CCTV. BACKGROUND: Fund Balance Available will be increased by $50,000 and capital appropriations will be increased in Org. 1225 (Office of Communications & Media/CCTV) to provide appropriations in FY 25-26 for the purchase of studio and media related equipment to support productions and cable television channel management operations. CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated to provide for the purchase of this necessary equipment to operate the CCTV functions. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4350,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ View Budget Amendment: Budget Amendment: FY 2025-26 - Operating Budget on 10/02/2025 : BDA-25-00154 08:57 AM 10/03/2025 Page 1 of 2 Company Contra Costa County Budget Template Operating Budget : FY 2025-26 Operating Budget Budget FY 2025-26 Operating Budget Organizing Dimension Type Amendment ID BDA-25-00154 Amendment Date 10/02/2025 Description Appropriate revenue from Fund Balance (CCTV/PEG) to provide appropriations for PEG-eligible purchase (pending BOS item TMP-13110)) Amendment Type Appropriation / Estimated Revenue Adjustment Balanced Amendment Yes Entry Type Mid-Year Adjustments Status In Progress Budget Amendment Entries Period *Ledger Account/Summary Home Organization *Cost Center *Fund Debit Amount Credit Amount Memo Exceptions FY 2025-26 Year (FY 2025-26 Operating Budget) 9990:APPROPRIATED FUND BAL 1200 GENERAL ADMINISTRATION (Home Org) 1225 COMMUNICATION & MEDIA 100300 GENERAL $0.00 $50,000.00 To provide revenue from fund balance (CCTV?PEG) for PEG eligible purchases Warning : - Home Org on Budget Line Not Equal Initiator's Home Org FY 2025-26 Year (FY 2025-26 Operating Budget) 4951:OFFICE EQUIP & FURNITURE 1200 GENERAL ADMINISTRATION (Home Org) 1225 COMMUNICATION & MEDIA 100300 GENERAL $50,000.00 $0.00 Provide appropriations for CCTV/OCM to purchase PEG equipment. Warning : - Home Org on Budget Line Not Equal Initiator's Home Org Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Budget Amendment Event Budget Amendment Event Step Completed 10/02/2025 12:20:37 PM 10/03/2025 Emlyn Struthers 1 Budget Amendment Event Review Budget Amendment Not Required 10/03/2025 0 Budget Amendment Event Approval by Department Approver – Budget Amendment Awaiting Action Danielle Fokkema (Department Approver – Budget Amendment) 11 David Sanford (Department Approver – Budget Amendment) Diana Oyler (Department Approver – Budget Amendment) View Budget Amendment: Budget Amendment: FY 2025-26 - Operating Budget on 10/02/2025 : BDA-25-00154 08:57 AM 10/03/2025 Page 2 of 2 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Enid Mendoza (Department Approver – Budget Amendment) Eric Angstadt (Department Approver – Budget Amendment) 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 362 Name: Status:Type:Consent Resolution Passed File created:In control:9/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-362 authorizing the issuance of multifamily housing revenue bonds in one or more taxable or tax-exempt series, including a tax-exempt series in an amount not to exceed $29,238,977, and a taxable series in an amount not to exceed $8,000,000, to finance the acquisition and rehabilitation of an 84-unit multifamily residential rental housing development known as Riverhouse Hotel located at 700 Alhambra Avenue in Martinez, as recommended by the Conservation and Development Director. (100% Special Revenue funds) Attachments:1. Regulatory Agreement (Riverhouse Hotel), 4935-4989-7811_4, 2. Funding Loan Agreement (Riverhouse Hotel), 4923-1763-8226_4, 3. Borrower Loan Agreement (Riverhouse Hotel), 4906-0806- 7411_5 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To: Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Bond Sale Resolution: Multifamily Housing Revenue Bonds - Riverhouse Hotel in Martinez ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.ADOPT a resolution authorizing the issuance of a multifamily housing revenue bonds in one or more taxable or tax-exempt series (“Note”), including a tax-exempt series of the Note designated as “County of Contra Costa, California, Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A” in an amount not to exceed $29,238,977, and a taxable series of the Note designated as “County of Contra Costa, California, Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B” in an amount not to exceed $8,000,000, to finance the acquisition and rehabilitation of an 84-unit multifamily residential rental housing development known as Riverhouse Hotel located at 700 Alhambra Avenue in Martinez, California (the “Development”). 2.FIND and DECLARE that the recitals contained in the proposed resolution are true and correct . 3.APPROVE the form of, and AUTHORIZE the County to execute, the Funding Loan Agreement among the County (the “Governmental Lender”), CN Financing, Inc., a California corporation, in its capacity as the Funding Lender (the “Funding Lender”), and U.S. Bank Trust Company, National Association (the “Fiscal Agent”) regarding the Governmental Lender’s sale of the Bonds to the Initial Funding Lender for the purpose of loaning the proceeds to Riverhouse Hotel, L.P., a California limited partnership (the “Borrower”). CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 7 powered by Legistar™ File #:RES 2025-362,Version:1 4.APPROVE the form of, and AUTHORIZE the County to execute, the Borrower Loan Agreement among the County as the Government Lender, the Funding Lender, and the Borrower regarding the County loan of proceeds of the Note to the Borrower. 5.APPROVE the form of, and AUTHORIZE the County to execute, the Regulatory Agreement and Declaration of Restrictive Covenants between the County and Borrower. 6.AUTHORIZE the delivery of the Note by the County to the Funding Lender as the initial purchaser of the Note. 7.APPOINT Stradling Yocca & Rauth, LLP as bond counsel for the transaction. 8.ACKNOWLEDGE that adoption of the proposed resolution does not relieve or exempt the project sponsor from obtaining required permits or approvals, nor obligate the County to incur any obligation to provide financial assistance with respect to the Note or the Development. 9.AUTHORIZE and DIRECT the Designated Officers of the County, as defined in the resolution, to take any and all actions and execute and deliver any and all certifications, agreements, and other documents needed in connection with the Note. FISCAL IMPACT: No impact to the General Fund. At the closing for the Note, the County will be reimbursed for any costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the Development will be rented to low-income households will be paid using the County’s issuer fees established in the documents for the Note. The Note will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the Note documents. No County funds are pledged to secure the repayment of the Note. BACKGROUND: The recommended action is the adoption of the resolution by the Board of Supervisors, as the legislative body of the County, conditionally providing for the issuance of a multifamily housing revenue note, in one or more taxable or tax-exempt series, the proceeds of which will be used to finance the acquisition and rehabilitation of a residential housing development known as Riverhouse Hotel, (the “Development”). The Development currently consists of an existing, occupied 75-unit apartment development with 6 ground floor retail spaces, which was originally constructed in 1914. The 6 retail spaces on the ground floor will be replaced with 9 new residential units, for a total of 83 low-income and very low-income units to be restricted to households of between 30-60% area median income (AMI), and to be restricted to occupancy by residents who are disabled or over 62 years old, plus one manager’s unit. The ownership and operating entity for the Development will be Riverhouse Hotel, L.P. (the “Borrower”), a California limited partnership. The Development will be managed by Eden Housing Management Inc. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 7 powered by Legistar™ File #:RES 2025-362,Version:1 The County’s Department of Conservation and Development held a noticed public hearing on May 29, 2025, to permit interested parties to comment on the proposed financing and the Development. No comments were received from the public. The Board adopted Resolution No. 2025-196 on June 10, 2025, to authorize proceeding with the issuance of the tax-exempt Note for the Development pursuant to Section 147(f) of the Internal Revenue Code. The Board previously adopted Resolution No. 2024-299 on September 10, 2024 as required for the submittal of an application by the County, on behalf of the Borrower, for tax-exempt private activity bond authority from the California Debt Limit Allocation Committee (CDLAC). On April 8, 2025, CDLAC awarded the County authority to issue the tax-exempt Note in a maximum principal amount of $29,238,977 through CDLAC’s Resolution No. 25-148. The structure of the financing will be one or more notes (the term “note” is interchangeable with “bond” as they both evidence a borrowing). The Note will be purchased by CN Financing, Inc. (the “Funding Lender”) and the proceeds of the sale will be loaned by the County to the Borrower to finance the acquisition and rehabilitation of the Development. The loan will be assigned to US Bank Trust Company, National Association (the “Fiscal Agent”). The transaction is expected to close on or about October 28, 2025. CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent the County from issuing the Note in order to provide a loan to Riverhouse Hotel, L.P. to finance the acquisition and rehabilitation of the Development. Without the loan to Riverhouse Hotel, L.P., the Development will be delayed or possibly not be rehabilitated. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 7 powered by Legistar™ File #:RES 2025-362,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board RESOLUTION NO. 2025/______ RESOLUTION AUTHORIZING THE ISSUANCE OF A MULTIFAMILY HOUSING REVENUE NOTE IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $37,238,977 TO FINANCE THE ACQUISITION AND REHABILITATION OF THE RIVERHOUSE HOTEL MULTIFAMILY RENTAL HOUSING PROJECT,AND OTHER MATTERS RELATING THERETO WHEREAS, the County of Contra Costa (the “County”) is authorized pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the “Act”) to issue bonds and notes for the purpose of financing multifamily rental housing facilities; and WHEREAS, Riverhouse Hotel, L.P., a California limited partnership (the “Borrower”) has requested that the County issue a multifamily housing revenue note in one or more taxable or tax-exempt series (the “Note”) and loan the proceeds of the Note to the Borrower to finance the acquisition and rehabilitation by the Borrower of 84 units of residential rental housing located at 700 Alhambra Avenue in the City of Martinez, California (the “Development”); and WHEREAS, on May 29, 2025, the Community Development Bond Program Manager of the County held a public hearing on the proposed issuance of the Note by the County for, and the financing, ownership and operation of, the Development, as required under the provisions of the Internal Revenue Code (the “Code”) applicable to tax-exempt obligations, following published notice of such hearing, and communicated to the Board of Supervisors of the County all written and oral testimony received at the hearing; and WHEREAS, on June 10, 2025, the Board of Supervisors of the County adopted Resolution No. 2025-196 authorizing the issuance of the Note to finance the Development in satisfaction of public approval requirements of the Code; and WHEREAS, the California Debt Limit Allocation Committee adopted its Resolution No. 25-148 on April 8, 2025 allocating $29,238,977 of the State of California ceiling on private activity bonds for 2025 to the County for the purpose of financing the Development; and WHEREAS, in order to assist in the financing of the Development, the County has determined to issue the Note CONTRA COSTA COUNTY Printed on 1/2/2026Page 4 of 7 powered by Legistar™ File #:RES 2025-362,Version:1 in one or more taxable or tax-exempt series, as authorized by the Act, and sell the Note to CN Financing, Inc., as initial funding lender (the “Funding Lender”) pursuant to a funding loan agreement (the “Funding Loan Agreement”) among the County, U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”), and the Funding Lender, and to use the proceeds of the sale of the Note to make a loan to the Borrower pursuant to a borrower loan agreement (the “Borrower Loan Agreement”) among the Funding Lender, the County and the Borrower, with amounts due from the County to the Funding Lender under the Note and the Funding Loan Agreement to be payable solely from amounts paid by the Borrower under the Borrower Loan Agreement; and WHEREAS, good faith estimates of certain information relating to the Bonds are disclosed and set forth in Exhibit A attached to this Resolution as required by California Government Code Section 5852.1; such estimates were provided by the County’s municipal advisor, PFM Financial Advisors LLC, based on preliminary pricing information provided by the Borrower; and WHEREAS, there have been prepared various documents with respect to the issuance by the County of the Note, copies of which are on file with the Clerk of the Board, and the Board of Supervisors now desires to approve the issuance of the Note and the execution and delivery of such documents by the County; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in connection with the issuance of the Note as contemplated by this Resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows: Section 1.The Board of Supervisors hereby finds and declares that the foregoing recitals are true and correct. Section 2.Pursuant to the Act and the Funding Loan Agreement,the Note designated as “County of Contra Costa,California,Multifamily Housing Revenue Note (Riverhouse Hotel),2025 Series A”in an aggregate principal amount not to exceed $29,238,977,is hereby authorized to be issued.The Note shall be executed by the manual or facsimile signature of the Chair of the Board of Supervisors (the “Chair”),in the form set forth in and otherwise in accordance with the Funding Loan Agreement. Notwithstanding the above, the Note may be issued in one or more series, including a taxable series of the Note designated as “County of Contra Costa, California, Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B” (the “Taxable Series”), with the same parameters as set forth above; provided that the tax-exempt series of the Note shall not exceed $29,238,977 in an aggregate principal amount. The Taxable Series shall be outstanding only during construction of the Project and the aggregate principal amount of the Taxable Series shall not exceed $8,000,000. Section 3.The Funding Loan Agreement among the County,the Fiscal Agent,and the Funding Lender,in the form on file with the Clerk of the Board,is hereby approved.Any one of the Chair of the Board of Supervisors,the Vice-Chair of the Board of Supervisors,the County Administrator,the Director of the Department of Conservation and Development,the Deputy Director of the Department of Conservation and Development,and the Community Development Bond Program Manager (collectively,the “Designated Officers”)is hereby authorized,for and in the name and on behalf of the County,to execute and deliver the Funding Loan Agreement in said form,together with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Funding Loan Agreement upon consultation with Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 9 hereof,provided that no additions or changes shall authorize an aggregate principal amount of the Note in excess of the amount set forth in Section 2 above),the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Funding Loan Agreement by the County.The date,maturity date,interest rate or rates,privileges,manner of execution,place of payment,terms of CONTRA COSTA COUNTY Printed on 1/2/2026Page 5 of 7 powered by Legistar™ File #:RES 2025-362,Version:1 redemption and other terms of the Note shall be as provided in the Funding Loan Agreement as finally executed. Section 4.The Borrower Loan Agreement among the Funding Lender,the County and the Borrower,in the form on file with the Clerk of the Board,is hereby approved.Any one of the Designated Officers is hereby authorized to execute and deliver the Borrower Loan Agreement in said form,together with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Borrower Loan Agreement upon consultation with Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 9 hereof),the approval of such changes to be conclusively evidenced by the execution and delivery of the Borrower Loan Agreement by the County. Section 5.The regulatory agreement and declaration of restrictive covenants between the County and the Borrower (the “Regulatory Agreement”),in the form on file with the Clerk of the Board,is hereby approved.Any one of the Designated Officers is hereby authorized,for and in the name and on behalf of the County,to execute and deliver the Regulatory Agreement in said form,together with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Regulatory Agreement upon consultation with Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 9 hereof),the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Regulatory Agreement by the County. Section 6.The Note,when executed,shall be delivered by the Fiscal Agent to the Funding Lender (as the initial purchaser of the Note),in accordance with written instructions executed on behalf of the County by any one of the Designated Officers of the County,which instructions said officers are hereby authorized,for and in the name and behalf of the County,to execute and deliver.Such instructions shall provide for the delivery of the Note by the Fiscal Agent to the Funding Lender upon the funding by the Funding Lender of the purchase price of the Note as described in the Funding Loan Agreement. Section 7.With the passage of this Resolution,the County hereby confirms that it has adopted a Debt Management Policy and certifies that such Debt Management Policy complies with Government Code Section 8855(i), and that the County’s financing described in this Resolution and its obligations under the Funding Loan Agreement and the Note as contemplated by this Resolution is in compliance with the Debt Management Policy,and to the extent the sale and issuance of the Note and the execution and delivery of the Funding Loan Agreement is not in compliance with the County’s Debt Management Policy,such noncompliance is waived in accordance with the terms of the County’s Debt Management Policy.The County hereby instructs Stradling Yocca Carlson &Rauth LLP,as Bond Counsel,on behalf of the County,with respect to the Note described in this Resolution,(a)to cause notices of the proposed sale and final sale of the Note to be filed in a timely manner with the California Debt and Investment Advisory Commission pursuant to Government Code Section 8855,and (b)to check,on behalf of the County,the “Yes”box relating to such certifications in the notice of proposed sale filed pursuant to Government Code Section 8855. Section 8.The law firm of Stradling Yocca Carlson &Rauth LLP is hereby designated as Bond Counsel to the County for the Note.The fees and expenses of such firm for matters related to the Note shall be payable solely from the proceeds of the Note or contributions by the Borrower. Section 9.All actions heretofore taken by the officers and agents of the County with respect to the issuance of the Note are hereby approved,confirmed and ratified,and the proper officers of the County,including the Designated Officers,are hereby authorized and directed,for and in the name and on behalf of the County,to do any and all things and take any and all actions and execute any and all certificates,agreements and other documents,which they,or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note in accordance with this Resolution,including but not limited to subordination agreements providing for the seniority of the covenants and affordability restrictions in the Regulatory Agreement and any other certificates,agreements and documents described in the Funding Loan Agreement,the Borrower Loan Agreement or the Regulatory Agreement,or otherwise necessary to issue the Note and consummate the transactions contemplated by the documents approved by this Resolution. Section 10.This Resolution shall take effect upon its adoption. CONTRA COSTA COUNTY Printed on 1/2/2026Page 6 of 7 powered by Legistar™ File #:RES 2025-362,Version:1 EXHIBIT A PUBLIC DISCLOSURES RELATING TO CONDUIT REVENUE OBLIGATIONS Pursuant to California Government Code Section 5852.1, the borrower (the “Borrower”) identified below has provided the following required information to the County of Contra Costa (the “County”) prior to the County’s regular meeting (the “Meeting”) of its Board of Supervisors (the “Board”) at which Meeting the Board will consider the authorization of a conduit revenue Note as identified below. 1.Name of Borrower: Riverhouse Hotel, L.P. 2.Board of Supervisors Meeting Date: October 21, 2025 3.Name of Bond Issue / Conduit Revenue Obligations: County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax-Exempt) and 2025 Series B (Taxable) 4.___ Private Placement Lender or ___ Note Purchaser, ___ Underwriter or _X_ Municipal Advisor (mark one) engaged by the Borrower from which the Borrower obtained the following required good faith estimates relating to the Note: a.The true interest cost of the Notes, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of the Note (to the nearest ten-thousandth of one percent): 3.495% b.estimated finance charges of the Note, which mean the sum of all fees and charges paid to third parties: $660,603.00 c.The amount of proceeds received, or deemed received, by the public body for sale of the Note less the finance charges of such Note described in subparagraph (B) and any reserves or capitalized interest paid or funded with proceeds of such Note: $28,893,841 d.The total payment amount, which means the sum of all payments the Borrower will make to pay debt service on the Note plus the finance charges of the Note described in subparagraph (B) not paid with the proceeds of such Note (which total payment amount shall be calculated to the final maturity of such Note): $32,422,961 CONTRA COSTA COUNTY Printed on 1/2/2026Page 7 of 7 powered by Legistar™ Stradling Draft of 9/18/25 4935-4989-7811v4/200936-0009 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Stradling Yocca Carlson & Rauth LLP 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Attention: Vanessa S. Legbandt, Esq. REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS by and between the COUNTY OF CONTRA COSTA, CALIFORNIA and RIVERHOUSE HOTEL, L.P., a California limited partnership dated as of __________ 1, 2025 relating to: $[29,238,977] County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax-Exempt) $_____________ County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B (Taxable) i 4935-4989-7811v4/200936-0009 TABLE OF CONTENTS Page Section 1. Definitions and Interpretation .................................................................................. 2 Section 2. Representations, Covenants and Warranties of the Borrower ................................. 6 Section 3. Qualified Residential Rental Project ........................................................................ 9 Section 4. Low Income Tenants; Reporting Requirements .................................................... 10 Section 5. Tax Exempt Status of the Tax Exempt Governmental Note .................................. 12 Section 6. Requirements of the Act ........................................................................................ 13 Section 7. Requirements of the Governmental Lender ........................................................... 15 Section 8. Modification of Covenants..................................................................................... 17 Section 9. Indemnification; Other Payments .......................................................................... 18 Section 10. Consideration ......................................................................................................... 19 Section 11. Reliance .................................................................................................................. 19 Section 12. Transfer of the Project ........................................................................................... 20 Section 13. Term ....................................................................................................................... 21 Section 14. Covenants to Run With the Land ........................................................................... 22 Section 15. Burden and Benefit ................................................................................................ 22 Section 16. Uniformity; Common Plan .................................................................................... 22 Section 17. Default; Enforcement ............................................................................................. 22 Section 18. [intentionally omitted] ........................................................................................... 23 Section 19. Recording and Filing .............................................................................................. 23 Section 20. Payment of Fees ..................................................................................................... 24 Section 21. Governing Law; Venue .......................................................................................... 25 Section 22. Amendments; Waivers ........................................................................................... 25 Section 23. Notices ................................................................................................................... 25 Section 24. Severability ............................................................................................................ 26 Section 25. Multiple Counterparts ............................................................................................ 26 Section 26. Limitation on Liability ........................................................................................... 26 Section 27. Third-Party Beneficiaries ....................................................................................... 26 Section 28. Property Management ............................................................................................ 27 Section 29. Requirements of CDLAC ...................................................................................... 27 Section 30. Limited Liability of Governmental Lender ............................................................ 29 Section 31. Conflict With Other Affordability Agreements ..................................................... 29 Section 32. Annual Reporting Covenant .................................................................................. 29 EXHIBIT A DESCRIPTION OF REAL PROPERTY EXHIBIT B FORM OF INCOME CERTIFICATION EXHIBIT C FORM OF CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE EXHIBIT D FORM OF COMPLETION CERTIFICATE EXHIBIT E CDLAC RESOLUTION 4935-4989-7811v4/200936-0009 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (as supplemented and amended from time to time, this “Regulatory Agreement”), dated as of __________ 1, 2025, is by and between the COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic, duly organized and existing under the laws of the State of California (together with any successor to its rights, duties and obligations, the “Governmental Lender”), and RIVERHOUSE HOTEL, L.P., a California limited partnership duly organized, validly existing and in good standing under the laws of the State of California (together with any successor to its rights, duties and obligations hereunder and as owner of the Project identified herein, the “Borrower”). RECITALS: WHEREAS, the Governmental Lender proposes to enter into a Funding Loan Agreement, dated as of __________ 1, 2025 (as supplemented and amended from time to time, the “Funding Loan Agreement”), among the Governmental Lender, CN Financing, Inc., as Initial Funding Lender (the “Initial Funding Lender”) and U.S. Bank Trust Company, National Association, as Fiscal Agent (the “Fiscal Agent”), pursuant to which the Initial Funding Lender will make a loan to the Governmental Lender (the “Funding Loan”), to be evidenced by a County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax-Exempt) (the “Tax Exempt Governmental Note”) and a County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B (Taxable) (the “Taxable Governmental Note” and, together with the Tax Exempt Governmental Note, the “Governmental Notes”), issued by the Governmental Lender pursuant to Chapter 7 of Part 5 of Division 31 (commencing with Section 34200) of the California Health and Safety Code (the “Act”); and WHEREAS, the proceeds of the Funding Loan will be used by the Governmental Lender to fund a loan (the “Borrower Loan”) to the Borrower pursuant to a Borrower Loan Agreement, dated as of __________ 1, 2025, among the Initial Funding Lender, the Governmental Lender and the Borrower (as supplemented and amended from time to time, the “Borrower Loan Agreement”), to provide financing for the acquisition and rehabilitation of an 84-unit multifamily residential rental development known as Riverhouse Hotel (the “Project”) located in the City of Martinez, California, on the site described in Exhibit A hereto; and WHEREAS, in order to assure the Governmental Lender and the Funding Lender (as defined in the Funding Loan Agreement) that interest on the Tax Exempt Governmental Note will be excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the “Code”), and to satisfy the public purposes for which the Funding Loan is authorized to be incurred under the Act, and to satisfy the purposes of the Governmental Lender in determining to incur the Funding Loan, certain limits on the occupancy of units in the Project need to be established and certain other requirements need to be met. AGREEMENT: NOW, THEREFORE, in consideration of the issuance of the Governmental Note s by the Governmental Lender and the mutual covenants and undertakin gs set forth herein, and for other good 2 4935-4989-7811v4/200936-0009 and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Governmental Lender and the Borrower hereby agree as follows: Section 1. Definitions and Interpretation. Unless the context otherwise requires, the capitalized terms used herein shall have the respective meanings assigned to them in the recitals hereto, in this Section 1, or in the Funding Loan Agreement. “Administrator” means the Governmental Lender or any administrator or program moni tor appointed by the Governmental Lender to administer this Regulatory Agreement and any successor administrator appointed by the Governmental Lender. “Affiliated Party” means (a) a person whose relationship with the Borrower would result in a disallowance of losses under Section 267 or 707(b) of the Code, (b) a person who together with the Borrower are members of the same controlled group of corporations (as defined in Section 1563(a) of the Code, except that “more than 50 percent” shall be substituted for “at least 80 percent” each place it appears therein), (c) a partnership and each of its partners (and their spouses and minor children) whose relationship with the Borrower would result in a disallowance of losses under Section 267 or 707(b) of the Code, and (d) an S corporation and each of its shareholders (and their spouses and minor children) whose relationship with the Borrower would result in a disallowance of losses under Section 267 or 707(b) of the Code. “Affordable Rents” means thirty percent (30%) of an amount equal to sixty percent (60%) of the median gross income for the Area, adjusted for household size (as described in the definition of “Low Income Unit” in this Section 1), less a utility allowance calculated as set forth in U.S. Treasury Regulation Section 1.42-10. “Area” means the Metropolitan Statistical Area or County, as applicable, in which the Project is located, as defined by the United States Department of Housing and Urban Development. “Available Units” means residential units in the Project that are actually occupied and residential units in the Project that are vacant and have been occupied at least once after becoming available for occupancy, provided that (a) a residential unit that is vacant on the later of (i) the date the Project is acquired or (ii) the issue date of the Governmental Notes is not an Available Unit and does not become an Available Unit until it has been occupied for the first time after such date, and (b ) a residential unit that is not available for occupancy due to renovations is not an Available Unit and does not become an Available Unit until it has been occupied for the first time after the renovations are completed. “CDLAC” means the California Debt Limit Allocation Committee or its successors. “CDLAC Conditions” has the meaning given such term in Section 29(a). “CDLAC Resolution” means CDLAC Resolution No. 25-148 attached hereto as Exhibit E, adopted on April 8, 2025 and relating to the Project, as such resolution may be modifie d or amended from time to time. “Certificate of Continuing Program Compliance” means the Certificate to be filed by the Borrower with the Governmental Lender pursuant to Section 4(f) hereof, which shall be substantially 3 4935-4989-7811v4/200936-0009 in the form attached as Exhibit C hereto or in such other comparable form as may be provided by the Governmental Lender to the Borrower, or as otherwise approved by the Governmental Lender. “Closing Date” has the meaning given to the term “Delivery Date” in the Funding Loan Agreement. “Completion Certificate” means the certificate of completion of the rehabilitation of the Project required to be delivered to the Governmental Lender by the Borrower pursuant to Section 2(i) of this Regulatory Agreement, which shall be substantially in the form attached to this Regulatory Agreement as Exhibit D. “Completion Date” means the date of completion of the rehabilitation of the Project, as that date shall be certified as provided in Section 2(i) of this Regulatory Agreement. “Compliance Period” means the period beginning on the first day of the Qualified Project Period and ending on the later of (a) the end of the Qualified Project Period or (b) such later date as set forth in Section 6(f)(3) or 29(c) of this Regulatory Agreement. “County” means the County of Contra Costa, California. “FOCUS Program” means (a) the FOCUS Compliance Verification Program (user’s guide located at focus.housingcompliance.org) utilized by the Governmental Lender to verify the Borrower ’s compliance with various requirements of this Regulatory Agreement; or (b) any similar program used by the Governmental Lender, in the substitution for the program described in the preceding clause (a), to verify the Borrower’s compliance with various requirements of this Regulatory Agreement. “Governmental Lender Annual Fee” means: for the period from the Closing Date to but not including [October 1, 2026], $__________ (which is an amount equal to one 1/8 of 1% of the principal amount of the Governmental Notes as of the Closing Date); and, thereafter, on each [October 1] during the remainder of the Compliance Period commencing [October 1, 2026], the greater of an amount equal to 1/8 of 1% of the then outstanding principal amount of the Governmental Note s, or $5,000.00; provided, in no event will the aggregate of the Governmental Lender Annual Fee plus the Governmental Lender Issuance Fee paid cause the yield on the Borrower Loan to exceed the yield on the Funding Loan plus one and one half percentage points. Upon Project completion, the Governmental Lender covenants to work with its municipal advisor and bond counsel to determine if this restriction is complied with. “Governmental Lender Issuance Fee” means an amount equal to $____________ (which is an amount equal to one 1/8 of 1% of the maximum principal amount of the Governmental Notes as of the Closing Date); provided, in no event will the aggregate of the Governmental Lender Annual Fee plus the Governmental Lender Issuance Fee paid cause the yield on the Borrower Loan to exceed the yield on the Funding Loan plus one and one half percentage points. Upon Project completion, the Governmental Lender covenants to work with its municipal advisor and bond counsel to determine if this restriction is complied with. “Gross Income” means the gross income of a person (together with the gross income of all persons who intend to reside with such person in one residential unit) as calculated in the manner prescribed in under section 8 of the Housing Act. 4 4935-4989-7811v4/200936-0009 “Housing Act” or “Housing Law” means the United States Housing Act of 1937, as amended, or its successor. “Income Certification” means a Tenant Income Certification and a Tenant Income Certification Questionnaire in the form attached as Exhibit B hereto or in such other comparable form as may be provided by the Governmental Lender to the Borrower, or as otherwise approved by the Governmental Lender. “Inducement Date” means August 6, 2024, being the date on which the Board of Supervisors of the Governmental Lender adopted Resolution No. 2024-299, expressing its intent to incur debt obligations to provide financing for the Project. “Low Income Tenant” means a tenant occupying a Low Income Unit. “Low Income Unit” means any Available Unit if the aggregate Gross Income of all tenants therein does not exceed limits determined in a manner consistent with determinations of “low-income families” under Section 8 of the Housing Act, provided that the percentage of median gross income that qualifies as low income hereunder shall be sixty percent (60 %) of median gross income for the Area, with adjustments for family size. A unit occupied by one or more students shall only constitute a Low Income Unit if such students meet the requirements of Section 142(d)(2)(C) of the Code. The determination of an Available Unit’s status as a Low Income Unit shall be made by the Borrower upon commencement of each lease term with respect to such unit, and annually thereafter, on the basis of an Income Certification executed by each tenant. “Manager” means a property manager meeting the requirements of Section 28 hereof. Eden Housing Management Inc. is the initial Manager. “Project” means the 84-unit multifamily rental housing development (including one manager’s unit) located at 700 Alhambra Avenue in the City of Martinez, California, on the real property site described in Exhibit A hereto, consisting of those facilities, including a fee interest in the real property, structures, buildings, fixtures or equipment situated thereon, as it may at any time exist, the ac quisition and rehabilitation of which facilities is to be financed, in whole or in part, from the proceeds of the Borrower Loan, and any real property, structures, buildings, fixtures or equipment acquired in substitution for, as a renewal or replacement of, or a modification or improvement to, all or any part of such facilities. “Project Costs” means, to the extent authorized by the Act, any and all costs and expenses incurred by the Borrower with respect to the acquisition, financing, rehabilitation and/or operation of the Project, whether paid or incurred prior to or after the Closing Date, including, without limitation, costs for the acquisition of property, the cost of consultant, accounting and legal services, appraisal costs, other expenses necessary or incident to the acquisition and rehabilitation of the Project, and administrative expenses, and interest on the Borrower Loan. “Qualified Project Costs” means Project Costs that meet each of the following requirements: (i) the costs are properly chargeable to capital account (or would be so chargeable with a proper election by the Borrower or but for a proper election by the Borrower to deduct such costs) in accordance with general Federal income tax principles and in accordance with United States Treasury Regulations §1.103-8(a)(1), provided, however, that only such portion of interest accrued during the rehabilitation of the Project shall be eligible to be a Qualified Project Cost as is so capitalizable and as 5 4935-4989-7811v4/200936-0009 bears the same ratio to all such interest as the Qualified Project Costs bear to all Project Costs; and provided further that interest accruing after the date of completion of the rehabilitation of the Project shall not be a Qualified Project Cost; and provided still further that if any portion of the Project is being rehabilitated by an Affiliated Party (whether as a general contractor or a subcontractor), Qualified Project Costs shall include only (A) the actual out-of-pocket costs incurred by such Affiliated Party in rehabilitating the Project (or any portion thereof), (B) any reasonable fees for supervisory services actually rendered by the Affiliated Party, and (C ) any overhead expenses incurred by the Affiliated Party which are directly attributable to the work performed on the Project, and sh all not include, for example, intercompany profits resulting from members of an affiliated group (within the meaning of Section 1504 of the Code) participating in the rehabilitation of the Project or payments received by such Affiliated Party due to early completion of the Project; (ii) the costs are paid with respect to a qualified residential rental project or projects within the meaning of Section 142(d) of the Code, (iii) the costs are paid after the earlier of 60 days prior to the Inducement Date or the Closing Date, and (iv) if the Project Costs were previously paid and are to be reimbursed with proceeds of the Tax Exempt Portion of the Borrower Loan, such costs were (A) costs of issuance of the Tax Exempt Governmental Note, (B) preliminary capital expenditures (within the meaning of United States Treasury Regulations §1.139-2(f)(2)) with respect to the Project (such as architectural, engineering and soil testing services) incurred before commencement of the rehabilitation of the Project that do not exc eed twenty percent (20%) of the issue price of the Tax Exempt Governmental Note (as defined in United States Treasury Regulations §1.148-1), or (C) were capital expenditures with respect to the Project that are reimbursed no later than eighteen (18) months after the later of the date the expenditure was paid or the date the Project is placed in service (but no later than three (3 ) years after the expenditure is paid). “Qualified Project Period” means the period beginning on the Closing Date, and ending on the later of the following: (a) the date that is fifteen (15) years after the date on which at least fifty percent (50%) of the units in the Project are first occupied following the Completion Date; (b) the first date on which no Tax Exempt private activity bonds with respect to the Project are Outstanding; or (c ) the date on which any assistance provided with respect to the Project under Section 8 of the Housing Act terminates. For purposes of the foregoing clause (b), the term “private activity bond” has the meaning contemplated in Section 142(d)(2)(A)(ii) of the Code. “Regulations” means the Income Tax Regulations of the Department of the Treasury applicable under the Code from time to time. “Regulatory Agreement” means this Regulatory Agreement and Declaration of Restrictive Covenants, as it may be supplemented and amended from time to time. “Rental Payments” means the rental payments paid by the occupant of a unit, excluding any supplemental rental assistance to the occupant from the Sta te, the federal government, or any other public agency, but including any mandatory fees or charges imposed on the occupant by the Borrower as a condition of occupancy of the unit. “Tax Counsel” has the meaning given to the term “Bond Counsel” in the Funding Loan Agreement. “Tax Exempt” means with respect to interest on any obligations of a state or local government, including the Tax Exempt Governmental Note, that such interest is excluded from gross income for federal income tax purposes of the respective owners of the Tax Exempt Governmental Note (other 6 4935-4989-7811v4/200936-0009 than interest on the Tax Exempt Governmental Lender Note for any period during which the Tax Exempt Governmental Lender Note is owned by a “substantial user” of any facility financed with the proceeds of the Tax Exempt Governmental Lender Note or a “related person,” as such terms are used in Section 147(a) of the Code); provided, however, that such interest may be includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating other tax liabilities, including any alternative minimum tax or environmental tax, under the Code. “Transfer” means the conveyance, assignment, sale or other disposition of all or any portion of the Project; and shall also include, without limitation to the foregoing, the following: (a) an installment sales agreement wherein Borrower agrees to sell the Project or any par t thereof for a price to be paid in installments; and (b) an agreement by the Borrower leasing all or a substantial part of the Project to one or more persons or entities pursuant to a single or related transactions. Unless the context clearly requires otherwise, as used in this Regulatory Agreement, words of any gender shall be construed to include each other gender when appropriate and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Regulatory Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. The titles and headings of the sections of this Regulatory Agreement have been inserted for convenience of reference only, and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this Regulatory Agreement or any provisions hereof or in ascertaining intent, if any question of intent shall arise. The parties to this Regulatory Agreement acknowledge that each party and their respective counsel have participated in the drafting and revision of this Regulatory Agreement. Accordingly, the parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Regulatory Agreement or any supplement or exhibit hereto. Section 2. Representations, Covenants and Warranties of the Borrower. (a) The statements made in the various certificates delivered by the Borrower to the Governmental Lender, the Servicer or the Initial Funding Lender on the Closing Date are true and correct. (b) The Borrower (and any person related to it within the meaning of Section 147(a)(2) of the Code) will not take or omit to take, as is applicable, any action if such action or omission would in any way cause the proceeds of the Borrower Loan to be applied in a manner contrary to the applicable requirements of the Borrower Loan Agreement and this Regulatory Agreement. (c) The Borrower will not take or permit, or omit to take or cause to be taken, as is appropriate, any action that would adversely affect the exclus ion from gross income for federal income tax purposes of the interest on the Tax Exempt Governmental Note, or the exemption from California personal income taxation of the interest on the Tax Exempt Governmental Note and, if it should take or permit, or omit to take or cause to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or omissions promptly upon obtaining knowledge thereof. 7 4935-4989-7811v4/200936-0009 (d) The Borrower will take such action or actions as may be necessary, in the written opinion of Tax Counsel filed with the Governmental Lender and the Servicer (with a copy to Funding Lender), to comply fully with the Act, the Code and all applicable rules, rulings, policies, procedures, Regulations or other official statements promulgated, proposed or made by the Department of the Treasury or the Internal Revenue Service to the extent necessary to maintain the exclusion from gross income for federal income tax purposes of interest on the Tax Exempt Governmental Note. (e) The acquisition by the Borrower of the Project and the commencement of the rehabilitation of the Project occurred after the date which was 60 days prior to the Inducement Date . The Borrower has incurred a substantial binding obligation to expend proceeds of the Tax Exempt Portion of the Borrower Loan pursuant to which the Borrower is obligated to expend an amount at least equal to five percent (5%) of the $[29,238,977] maximum principal amount of the Tax Exempt Portion of the Borrower Loan. (f) The Borrower will proceed with due diligence to complete the rehabilitation of the Project and the full expenditure of the proceeds of the Borrower Loan. The Borrower reasonably expects to complete the acquisition and rehabilitation of the Project and to expend the full maximum $[29,238,977] principal amount of the Tax Exempt Portion of the Borrower Loan by __________, 20__. (g) The Borrower’s reasonable expectations respecting the total expenditure of the proceeds of the Tax Exempt Portion of the Borrower Loan have been accurately set forth in a certificate of the Borrower delivered to the Governmental Lender on the Closing Date. At all times, the aggregate disbursements of the proceeds of the Tax Exempt Portion of the Borrower Loan will have been applied to pay or to reimburse the Borrower for the payment of Qualified Project Costs in an amount equal to ninety seven percent (97%) or more of such disbursements, and less than twenty-five percent (25%) of such disbursements shall have been used to pay for the acquisition of land or an inte rest therein. (h) Notwithstanding the provisions of Section 2.4 of the Borrower Loan Agreement, and in addition thereto, the Borrower agrees to obtain a written report from an independent firm with experience in calculating excess investment earnings for purpo ses of Section 148(f) of the Code, not less than once on or about each five year anniversary of the Closing Date and within thirty (30 ) days of the date the Tax Exempt Governmental Note has been paid in full, determining that either (i ) no excess investment earnings subject to rebate to the federal government under Section 148(f) of the Code have arisen with respect to the Tax Exempt Governmental Note in the prior five-year period (or, with respect to the final such report following the repayment of the Tax Exempt Governmental Note, have arisen since the last five-year report); or (ii) excess investment earnings have so arisen during the prior five-year period (or, with respect to the final such report following the repayment of the Tax Exempt Governmental Note, have arisen since the last five-year report), and specifying the amount thereof that needs to be rebated to the federal government and the date by which such amount needs to be so rebated. The Borrower shall provide a copy of each report prepared in accordance with the preceding sentence to the Governmental Lender, each time within one week of its receipt of the same from the independent firm that prepared the respective report. (i) As soon as practicable after the Completion Date, the Borrower shall deliver to the Governmental Lender a duly executed Completion Certificate. (j) The Borrower acknowledges that the Governmental Lender has appointed the Administrator to administer this Regulatory Agreement and to monitor performance by the Borro wer 8 4935-4989-7811v4/200936-0009 of the terms, provisions and requirements hereof. The Borrower shall comply with any reasonable request by the Governmental Lender, the Administrator or the Servicer to deliver to the Administrator or the Servicer, as applicable, in addition to the Governmental Lender, any reports, notices or other documents required to be delivered pursuant hereto, and to make the Project and the books and records with respect thereto available for inspection by the Administrator as an agent of the Governmental Lender and the Servicer upon its respective written request. (k) The Borrower agrees to expend towards the rehabilitation of the Project (such expenditures to constitute “rehabilitation expenditures” as defined in Section 147(d) of the Code), within two (2) years of the Closing Date, an amount at least equal to fifteen percent (15%) of the proceeds of the Tax Exempt Portion of the Borrower Loan used to acquire the buildings (and equipment) comprising the Project. (l) Money on deposit in any fund or account in connection with the Borrower Loan or the Funding Loan, whether or not such money was derived from other sources, shall not be used by or under the direction of the Borrower, in a manner which would cause the Tax Exempt Governmental Note to be an “arbitrage bond” within the meaning of Section 148 of the Code, and the Borrower specifically agrees that the investment of money in any such fund shall be restricted as may be necessary to prevent the Tax Exempt Governmental Note from being an “arbitrage bond” under the Code. (m) All of the proceeds of the Borrower Loan and earnings from the investment of such proceeds will be used to pay Project Costs; and no more than two percent (2%) of the proceeds of the Borrower Loan will be used to pay issuance costs of the Tax Exempt Governmental Note, within the meaning of Section 147(g) of the Code. (n) No portion of the proceeds of the Borrower Loan shall be used to provide any airplane, skybox or other private luxury box, health club facility, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. No portion of the proceeds of the Borrower Loan shall be used for an office unless the office is located on the premises of the facilities constituting the Project and unless not more than a de minimis amount of the functions to be performed at such office is not related to the day-to-day operations of the Project. (o) In accordance with Section 147(b) of the Code, the average maturity of the Tax Exempt Governmental Note does not exceed 120% of the average reasonably expected remaining economic life of the facilities being financed by the Borrower Loan. (p) The Borrower shall comply with all applicable requirements of Section 65863.10 of the California Government Code pertaining to the Project, including the requirements for providing notices in Sections (b), (c), (d) and (e) thereof, and with all applicable requirements of Section 65863.11 of the California Government Code pertaining to the Project. (q) The Borrower shall pay all of the Costs of Issuance. (r) The Borrower hereby incorporates herein, as if set forth in full herein, each of the representations, covenants and warranties of the Borrower contained in the Tax Certificate and the Borrower Loan Agreement relating to the Project. 9 4935-4989-7811v4/200936-0009 (s) The Borrower hereby represents and warrants that the Project is located entirely within the City of Martinez, California. (t) The Borrower acknowledges, represents and warrants that it understands the nature and structure of the transactions contemplated by this Regulatory Agreement; that it is familiar with the provisions of all of the Borrower Loan Documents to which it is a party or of which it is a beneficiary; that it understands the financial and legal risks inherent in such transacti ons; and that it has not relied on the Governmental Lender for any guidance or expertise in analyzing the financial or other consequences of such financing transactions or otherwise relied on the Governmental Lender in any manner except to issue the Governmental Notes in order to provide funds to assist the Borrower in acquiring and constructing the Project. Section 3. Qualified Residential Rental Project. The Borrower hereby acknowledges and agrees that the Project is to be owned, managed and operated as a “residential rental project” within the meaning of Section 142(d) of the Code for a term equal to the Compliance Period. To that end, and for the term of this Regulatory Agreement, the Borrower hereby represents, covenants, warrants and agrees as follows: (a) The Borrower will own, manage and operate the Project as a project to provide multifamily residential rental property comprised of a building or structure or several interrelated buildings or structures, together with any functionally related and subordina te facilities, and no other facilities, in accordance with Section 142(d) of the Code, Section 1.103-8(b) of the Regulations and the provisions of the Act, and in accordance with such requirements as may be imposed thereby on the Project from time to time. (b) Except as provided in the next sentence, all of the dwelling units in the Project (except for not more than one unit set aside for a resident manager or other administrative use) will be similarly constructed units, and each dwelling unit in the Project will contain complete separate and distinct facilities for living, sleeping, eating, cooking and sanitation for a single person or a family, including a sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. Notwithstanding the foregoing , sixteen (16) of the Units in the Project will be equipped with a microwave but will not have a cooking range; such units will have access to a communal kitchen facility at the Project. (c) None of the dwelling units in the Project will at any time be utilized on a transient basis or rented for a period of less than 30 consecutive days, or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home or trailer court or park; provided that the use of certain units for tenant guests on an intermittent basis shall not be considered transient use for purposes of this Regulatory Agreement. (d) No part of the Project will at any time during the Compliance Period be owned by a cooperative housing corporation, nor shall the Borrower take any steps in connection with a conversion to such ownership or use, and the Borrower will not take any steps in connection with a conversion of the Project to condominium ownership during the Compliance Period (except that the Borrower may obtain final map approval and the Final Subdivision Public Report from the California Department of Real Estate and may file a condominium plan with the County). (e) All of the Available Units in the Project will be available for rental during the period beginning on the date hereof and ending on the termination of the Compliance Period on a continuous, 10 4935-4989-7811v4/200936-0009 “first-come, first-served” basis to members of the general public, and the Borrower will not give preference to any particular class or group in renting the dwelling units in the Project, except (i ) not more than one unit may be set aside for a resident manager or other administrative use, or (ii) to the extent that dwelling units are required to be leased or rented in such a manner that they constitute Low Income Units or otherwise as necessary to comply with Section 6(a), (b) and (c), (iii) to the extent required under any “extended low-income housing commitment” (an “Extended Use Agreement”) applicable to the Project, or (iv) to the extent required by the provisions of any documents related to the provision of State or federal low income housing tax credits for the Project. (f) The Project site consists of a parcel or parcels that are contiguous except for the interposition of a road, street or stream, and all of the facilities of the Project comprise a single geographically and functionally integrated project for residential rental property, as eviden ced by the ownership, management, accounting and operation of the Project. (g) The Borrower shall not discriminate on the basis of race, creed, color, sex, source of income (e.g. AFDC, SSI), physical disability, age, national origin or marital status in the re ntal, lease, use or occupancy of the Project or in connection with the employment or application for employment of persons for the operation and management of the Project. (h) No dwelling unit in the Project shall be occupied by the Borrower. Notwithstanding the foregoing, if the Project contains five or more dwelling units, this paragraph shall not be construed to prohibit occupancy of dwelling units by one or more resident managers or maintenance personnel any of whom may be the Borrower; provided that the number of such managers or maintenance personnel is not unreasonable given industry standards in the area for the number of dwelling units in the Project. (i) The Borrower will not sell dwelling units within the Project. (j) Should involuntary noncompliance with the provisions of Section 1.103-8(b) of the Regulations be caused by fire, seizure, requisition, foreclosure, transfer of title by deed in lieu of foreclosure, change in a federal law or an action of a federal agency after the Closing Date which prevents the Governmental Lender from enforcing the requirements of the Code and the Regulations as applicable to the Project, or condemnation or similar event, the Borrower covenants that, within a “reasonable period” determined in accordance with the applicable Regulations, it will either prepay the Borrower Loan or, if permitted under the provisions of the Borrower Loan Agreement, apply any proceeds received as a result of any of the preceding events to rehabilitate the Project to meet the requirements of Section 142(d) of the Code and the applicable Regulations. (k) During the Qualified Project Period, the Borrower shall submit a completed Internal Revenue Code Form 8703 or such other annual certification as required by the Code with respect to the Project to the Secretary of the Treasury on or before March 31 of each year (or such other date as may be required by the Code). The Governmental Lender hereby elects to have the Project meet the requirements of Section 142(d)(1)(B) of the Code. Section 4. Low Income Tenants; Reporting Requirements. Pursuant to the requirements of the Code, the Borrower hereby represents, warrants and covenants as follows: 11 4935-4989-7811v4/200936-0009 (a) During the Compliance Period, no less than forty percent (40%) of the total number of completed units in the Project shall at all tim es be Low Income Units. For the purposes of this paragraph (a), a vacant unit that was most recently a Low Income Unit is treated as a Low Income Unit until reoccupied, other than for a temporary period of not more than 31 days, at which time the character of such unit shall be redetermined. In addition to the foregoing, the Borrower shall comply with the “Other Restricted Units” requirements of Section 14 b. of Exhibit A to the CDLAC Resolution, as required by Section 29(a), including the tenant income restrictions referenced after Section 7 of Exhibit A to the CDLAC Resolution. (b) No tenant qualifying as a Low Income Tenant upon initial occupancy shall be denied continued occupancy of a unit in the Project because, after admission, the aggregate Gross Income of all tenants in the unit occupied by such Low Income Tenant increases to exceed the qualifying limit for a Low Income Unit. However, should the aggregate Gross Income of tenants in a Low Income Unit, as of the most recent determination thereof, exceed one hundred forty percent (140%) of the applicable income limit for a Low Income Unit occupied by the same number of tenants, the next available unit of comparable or smaller size must be rented to (or held vacant and available for immediate occupancy by) Low Income Tenant(s). The unit occupied by such tenants whose aggregate Gross Income exceeds such applicable income limit shall continue to be treated as a Low Income Unit for purposes of the 40% requirement of Section 4(a) hereof unless and until an Available Unit of comparable or smaller size is rented to persons other than Low Income Tenants. (c) During the Compliance Period, the Borrower will obtain, complete and maintain on file Income Certifications for each Low Income Tenant, including (i ) an Income Certification dated immediately prior to the initial occupancy of such Low Income Tenant in the unit and a second Income Certification dated one year after the Low-Income Tenant’s initial move-in date, and (ii) thereafter, an annual Income Certification with respect to each Low Income Tenant. In lieu of obtaining the annual Income Certifications required by clause (ii) of the preceding sentence, the Borrower may, with respect to any particular twelve-month period ending each February 1, deliver to the Administrator no later than fifteen days after such date a certification that as of each February 1, no residential unit in the Project was occupied within the preceding twelve months by a new resident whose income exceeded the limit applicable to Low Income Tenants upon admission to the Project. The Administrator may at any time and in its sole and absolute discretion notify the Borrower in writing that it will no longer accept certifications of the Borrower made pursuant to the preceding sentence and that t he Borrower will thereafter be required to obtain annual Income Certifications for tenants. The Borrower will also provide such additional information as may be required in the future by the Code, the State or the Governmental Lender, as the same may be amended from time to time, or in such other form and manner as may be required by applicable rules, rulings, policies, procedures, Regulations or other official statements now or hereafter promulgated, proposed or made by the Department of the Treasury or the Internal Revenue Service with respect to Tax Exempt obligations. Upon request of the Administrator or the Governmental Lender, copies of Income Certifications for Low Income Tenants commencing or continuing occupation of a Low Income Unit shall be submitted to the Administrator or the Governmental Lender, as requested. (d) The Borrower shall make a good faith effort to verify that the income information provided by an applicant in an Income Certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain pay stubs for the three most recent pay periods, (2) obtain an income tax return for the most recent tax year, (3 ) obtain a credit report or conduct a 12 4935-4989-7811v4/200936-0009 similar type credit search, (4) obtain an income verification from the applicant’s current employer, (5) obtain an income verification from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (6 ) if the applicant is unemployed and does not have an income tax return, obtain another form of independent verification reasonably acceptable to the Administrator. (e) The Borrower will maintain complete and accurate records pertaining to the Low Income Units, and will permit any duly authorized representative of the Administrator, the Governmental Lender, the Servicer, the Department of the Treasury or the Internal Revenue Service to inspect the books and records of the Borrower pertaining to the Project, including t hose records pertaining to the occupancy of the Low Income Units. (f) The Borrower will prepare and submit to the Administrator, on behalf of the Governmental Lender, not less than semi-annually, commencing not less than six months after the Closing Date, a Certificate of Continuing Program Compliance executed by the Borrower in substantially the form attached hereto as Exhibit C. (g) For the Compliance Period, all tenant leases or rental agreements shall be subordinate to this Regulatory Agreement. All leases pertaining to Low Income Units shall contain clauses, among others, wherein each tenant who occupies a Low Income Unit: (i) certifies the accuracy of the statements made by such tenant in the Income Certification; (ii ) agrees that the family income and other eligibility requirements shall be deemed substantial and material obligations of the tenancy of such tenant, that such tenant will comply promptly with all requests for information with respect thereto from the Borrower, the Governmental Lender or the Administrator on behalf of the Governmental Lender, and that the failure to provide accurate information in the Income Certification or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of the tenancy of such tenant; (iii) acknowledges that the Borrower has relied on the statements made by such tenant in the Income Certification and supporting information supplied by the Low Income Tenant in determining qualification for occupancy of a Low Income Unit, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease or rental agreement; (iv) agrees that the tenant’s income is subject to annual certification in accordance with Section 4(c) and that if upon any such certification the aggregate Gross Income of tenants in such unit exceeds the applicable income limit under Section 4(b), the unit occupied by such tenant may cease to qualify as a Low Income Unit and suc h unit’s rent may be subject to increase; and (v) agrees that a tenant’s failure to cooperate with the annual recertification process required by this Regulatory Agreement is grounds for termination of the lease or rental agreement. For purposes of this Section 4, no unit occupied by a residential manager shall be treated as a rental unit during the time of such occupation. Section 5. Tax Exempt Status of the Tax Exempt Governmental Note. The Borrower and the Governmental Lender, as applicable, each hereby represents, warrants and agrees as follows: (a) The Borrower and the Governmental Lender will not knowingly take or permit, or omit to take or cause to be taken, as is appropriate, any action that would adversely affect the Tax Exempt nature of the interest on the Tax Exempt Governmental Note and, if either of them should take or permit, or omit to take or cause to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or omissions promptly upon obtaining knowledge thereo f, provided that the Borrower shall not have violated these covenants if the interest on the Tax Exempt Governmental 13 4935-4989-7811v4/200936-0009 Note becomes taxable to a person solely because such person is a “substantial user” of the Project or a “related person” within the meaning of Section 147(a) of the Code. (b) The Borrower and the Governmental Lender will take such action or actions as may be necessary, in the written opinion of Tax Counsel filed with the Governmental Lender, with a copy to the Borrower, to comply fully with all applicable rules, rulings, policies, procedures, Regulations or other official statements promulgated, proposed or made by the Department of the Treasury or the Internal Revenue Service pertaining to obligations the interest on which is Tax exempt under Sec tion 142(d) of the Code. (c) The Borrower and the Governmental Lender will file of record such documents and take such other steps as are necessary, in the written opinion of Tax Counsel filed with the Governmental Lender (with a copy to the Borrower, the Servicer, and the Funding Lender), in order to ensure that the requirements and restrictions of this Regulatory Agreement will be binding upon all owners of the Project, including, but not limited to, the execution and recordation of this Regulatory Agreement in the real property records of the County. (d) The Borrower will not knowingly enter into any agreements which would result in the payment of principal or interest on the Tax Exempt Governmental Note being “federally guaranteed” within the meaning of Section 149(b) of the Code. (e) Subject to Section 13 hereof, the Borrower hereby covenants to include the requirements and restrictions contained in this Regulatory Agreement in any documents transferring any interest in the Project prior to the expiration of the Qualified Project Period to another person to the end that such transferee has notice of, and is bound by, such restrictions, and to obtain the agreement from any transferee to abide by all requirements and restrictions of this Regulatory Agreement; provided, however, that so long as any former Borrower has no remaining interest in the Project, such former Borrower shall have no obligation to monitor such transferee ’s compliance with such restrictions, and such former Borrower shall incur liability if such transferee fails to comply with such restrictions only in proportion to its then remaining interest (f) The Borrower and any related party (as defined in Section 1.150 1(b) of the Regulations) thereto shall not acquire the Tax Exempt Governmental Note in an am ount related to the amount of the Borrower Loan Agreement Section 6. Requirements of the Act. In addition to the other requirements set forth herein, the Borrower hereby agrees that it shall comply with each of the requirements of the Act, including the following: (a) As provided in Section 52080(a)(1)(B) of the Act, forty percent (40%) or more of the completed residential units in the Project shall be occupied by, or held vacant and available for occupancy by, individuals whose income is sixty percent (60%) or less of area median income, within the meaning of Section 52080(a)(1) of the Act (it being acknowledged that units required to be set aside for Low Income Tenants pursuant to Section 4(a) may be counted for purposes of satisfying the requirements of this Section 6(a) if the related Low Income Tenants otherwise satisfy the requirements of this Section 6(a)). (b) The rental payments paid by the occupants of the units described in paragraph (a ) of this Section (excluding any supplemental rental assistance from the state, t he federal government, or 14 4935-4989-7811v4/200936-0009 any other public agency to those occupants or on behalf of those units) shall not exceed thirty percent of sixty percent of area median income, within the meaning of Section 52080(a)(1) of the Act. (c) The Borrower shall accept as tenants, on the same basis as all other prospective tenants, Low Income Tenants who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing program under Section 8 of the Housing Law. The selection criteria applied to certificate holders under Section 8 of the Housing Law shall not be more burdensome than the criteria applied to all other prospective tenants. (d) The Borrower shall ensure that units occupied as required by paragraph (a ) of this Section are of comparable quality and offer a range of sizes and number of bedrooms comparable to those units which are available to other tenants. (e) As provided in Section 52080(e) of the Act, the Project may be syndicated after prior written approval of the Governmental Lender. The Governmental Lender shall grant that approval only after it determines that the terms and conditions of the syndication (1 ) shall not reduce or limit any of the requirements of the Act or regulations adopted or documents executed pursuant to the Act, (2) shall not cause any of the requirements in this Regulatory Agreement to be subordinated to the syndication agreement, or (3) shall not result in the provision of fewer assisted units, or the reduction of any benefits or services, than were in existence pri or to the syndication agreement. The Governmental Lender hereby acknowledges that this Section 6(e) does not apply to any syndication of federal tax credits for the Project. (f) Following the expiration or termination of the Qualified Project Period, except i n the event of foreclosure and redemption of the Governmental Notes, deed in lieu of foreclosure, eminent domain, or action of a federal agency preventing enforcement, units required to be reserved for occupancy pursuant to Section 6(a) shall remain available to any eligible household occupying a reserved unit at the date of such expiration or termination, at a rent not greater than the amount required by Section 6(b), until the earliest of any of the following occur: (1) The household’s income exceeds 140 percent of the maximum eligible income specified in Section 6(a). (2) The household voluntarily moves or is evicted for “good cause.” “Good cause” for the purposes of this section means the nonpayment of rent or allegation of facts necessary to prove major, or repeated minor, violations of material provisions of the occupancy agreement which detrimentally affect the health, safety, occupancy or quiet enjoyment of other persons or the structure, the fiscal integrity of the Project or the purposes or special program s of the Project. (3) Thirty years after the date of commencement of the Qualified Project Period. (4) The Borrower pays the relocation assistance and benefits to tenants as provided in subdivision (b) of Section 7264 of the California Government Code. (g) Except in the event of foreclosure and repayment of the Governmental Notes, deed in lieu of foreclosure, eminent domain, or action of a federal agency preventing enforcement, during the three years prior to expiration of the Qualified Project Period, the Borrower sha ll continue to make available to eligible households reserved units that have been vacated to the same extent that nonreserved units are made available to noneligible households. 15 4935-4989-7811v4/200936-0009 (h) This Section shall not be construed to require the Governmental Lender to monitor the Borrower’s compliance with the provisions of paragraph (f), or that the Governmental Lender shall have any liability whatsoever in the event of the failure by the Borrower to comply with any of the provisions of this Regulatory Agreement. (i) The covenants and conditions of this Regulatory Agreement shall be binding upon successors in interest of the Borrower. (j) This Regulatory Agreement shall be recorded in the office of the County Recorder of the County, and shall be recorded in the grantor-grantee index to the names of the Borrower as grantor and to the name of the Governmental Lender as grantee. Section 7. Requirements of the Governmental Lender. In addition to other requirements set forth herein and to the extent not prohibited by the requirements set forth in Sections 4 through 6 hereof, the Borrower hereby agrees to comply with each of the requirements of the Governmental Lender set forth in this Section 7, as follows: (a) All tenant lists, applications and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Borrower and shall be maintained as required by the Governmental Lender, in a reasonable condition for proper audit and subject to examination upon reasonable notice (which need not be in excess of three Business Days) and during business hours by representatives of the Governmental Lender. (b) The Borrower shall not discriminate on the basis of race, creed, color, religion, sex, sexual orientation, marital status, national origin, source of income (e.g. AFDC and SSI), ancestry or handicap in the lease, use or occupancy of the Project (except as required to comply with Section 3(e)(ii), (iii), or (iv)), or in connection with the employment or application for employment of persons for the rehabilitation, operation, or management of the Project. (c) The Borrower shall not, at initial occupancy, permit occupancy in any unit in the Project by more than (i) two persons per bedroom in the unit, plus (ii) one person; and the Borrower shall at all times offer for rent the largest unit then available for the applicable household size (being one bedroom units for 2-3 person households, and two bedroom units for 4-5 person households). The foregoing, however, shall not apply to one unit in the Project occupied by or set aside for a resident manager. (d) The Borrower shall pay directly to the Governmental Lender (i ) [through the escrow account established by the Title Company], on the Closing Date, the Governmental Lender Issuance Fee and the Governmental Lender Annual Fee for the period from the Closing Date to but not including [October 1, 2026], and (ii) directly to the Governmental Lender, on each October 1, on and after [October 1, 2026], the Governmental Lender Annual Fee; without in either case any requirement for notice or billing of the amount due. In addition, the Borrower shall pay to the Governmental Lender promptly following receipt of an invoice that reasonably identifies the relevant expenses and the amounts thereof, any out of pocket expenses incurred by the Governmental Lender in connection with the Governmental Notes, the Project Note, the Funding Loan Agreement, the Borrower Loan Agreement, this Regulatory Agreement or any of the o ther Funding Loan Documents, including but not limited to any costs related to the FOCUS Program. 16 4935-4989-7811v4/200936-0009 (e) The rent limits set forth in Sections 6(b) and 6(f) shall apply to all Low Income Units. In addition, the rental payments paid by Low Income Tenants for the Low Income Units shall not exceed Affordable Rents. (f) The Borrower will 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 program under Section 8 of the Act, or its successor. The Borrower shall not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective tenants, nor shall the Borrower apply or permit the applica tion of management policies or lease provisions with respect to the Project which have the effect of precluding occupancy of units by such prospective tenants. (g) The Borrower shall submit to the Governmental Lender: (i) rent rolls and other information required by the FOCUS Program on a quarterly basis, and (ii) within fifteen (15) days after receipt of a written request, any other information or completed forms requested by the Governmental Lender in order to comply with reporting requirements of the Internal Revenue Service or the State. (h) The Borrower shall indemnify the Governmental Lender as provided in Section 9 hereof and in Section 4.11 of the Borrower Loan Agreement. (i) The Governmental Lender may, at its option and at its expense, at any time appoint an Administrator to administer this Agreement or any provision hereof and to monitor performance by the Borrower of all or of any of the terms, provisions and requirements hereof. Following any such appointment, the Borrower shall comply with any request by t he Governmental Lender to deliver to such Administrator, in addition to or instead of the Governmental Lender, any reports, notices or other documents required to be delivered pursuant hereto, and to make the Project and the books and records with respect thereto available for inspection by such administrator as an agent of the Governmental Lender. (j) The Borrower shall submit its written management policies with respect to the Project, if any, to the Governmental Lender for its review, and shall amend such policies in any way necessary to insure that such policies comply with the provisions of this Regulatory Agreement and the requirements of the existing program under Section 8 of the Housing Law, or its successors. The Borrower shall not promulgate management policies which conflict with the provisions of the addendum to the form of lease for the Project prepared by the Housing Authority of Contra Costa County, and shall attach such addendum to leases for tenants which are holders of Section 8 certificates. (k) The Borrower shall screen and select tenants for desirability and creditworthiness at its discretion; provided, however, that the Borrower shall consider a prospective tenant ’s rent history for at least the one year period prior to application as evidence of the tenant’s ability to pay the applicable rent. (l) At least six months prior to the expiration of the Qualified Project Period the Borrower shall provide by first-class mail, postage prepaid, a notice to all tenants in the Low Income Units containing (i) the anticipated date of the expiration of the Qualified Project Period, (ii) any anticipated rent increase upon the expiration of the Qualified Project Period, (iii ) a statement that a copy of such notice will be sent to the Governmental Lender, and (iv) a statement that a public hearing may be held by the Governmental Lender on the issue and that the tenant will receive notice of the hearing at least 17 4935-4989-7811v4/200936-0009 fifteen (15) days in advance of any such hearing. The Borrower shall also file a copy of the above - described notice with the Community Development Bond Program Manager of the Department of Conservation and Development of the Governmental Lender. (m) Notwithstanding Section 1461 of the Civil Code, the provisions of this Section shall run with the land and may be enforced either in law or in equity by any resident, local agency, entity, or by any other person adversely affected by the Borrower’s failure to comply with the provisions of this Section. (n) The Borrower shall not participate in any refunding of the Governme ntal Notes or the Borrower Loan by means of the issuance of bonds or other obligations by any governmental body other than the Governmental Lender. (o) Each of the requirements of Sections 3, 4 and 6 hereof is hereby incorporated as a specific requirement of the Governmental Lender, whether or not required by California or federal law. (p) The requirements of Section 6 and this Section 7 shall be in effect during the entire Compliance Period. Any of the foregoing requirements of the Governmental Lender contained in this Section 7 may be expressly waived by the Governmental Lender in writing, but (i ) no waiver by the Governmental Lender of any requirement of this Section 7 shall, or shall be deemed to, extend to or affect any other provision of this Regulatory Agreement except to the extent the Governmental Lender has received an opinion of Tax Counsel (with a copy to the Servicer and the Funding Lender) that any such provision is not required by the Act and may be waived without adversely affecting the exclusion from gross income of interest on the Tax Exempt Governmental Note for federal income tax purposes; and (ii) any requirement of this Section 7 shall be void and of no force and effect if the Governmental Lender and the Borrower receive a written opinion of Tax Counsel (with a copy to the Servicer and the Funding Lender) to the effect that compliance with any such requirement would cause interest on the Tax Exempt Governmental Note to cease to be Tax Exempt or to the effect that compliance with such requirement would be in conflict with the Act or any other State or federal law. Section 8. Modification of Covenants. The Borrower and the Governmental Lender hereby agree as follows: (a) To the extent any amendments to the Act, the Regulations or the Code shall, in the written opinion of Tax Counsel filed with the Governmental Lender and the Borrower (with a copy to the Servicer and the Funding Lender), retroactively impose requirements upon the ownership or operation of the Project more restrictive than those imposed by this Regulatory Agreement, and if such requirements are applicable to the Project and compliance therewith is necessary to maintain the validity of, or the Tax Exempt status of interest on the Tax Exempt Governmental Note, this Regulatory Agreement shall be deemed to be automatically amended to impose such additional or more restrictive requirements. (b) To the extent that the Act, the Regulations or the Code, or any amendments thereto, shall, in the written opinion of Tax Counsel filed with the Governmental Lender and t he Borrower (with a copy to the Servicer and the Funding Lender), impose requirements upon the ownership or operation of the Project less restrictive than imposed by this Regulatory Agreement, this Regulatory Agreement may be amended or modified to provide such less restrictive requirements but only by 18 4935-4989-7811v4/200936-0009 written amendment signed by the Governmental Lender, at its sole discretion, and the Borrower, and only upon receipt by the Governmental Lender (with a copy to the Servicer and the Funding Lender) of the written opinion of Tax Counsel to the effect that such amendment is permitted by the Borrower Loan Agreement and will not affect the Tax Exempt status of interest on the Tax Exempt Governmental Note or violate the requirements of the Act, and otherwise is in accordance with Section 22 hereof. (c) The Borrower and the Governmental Lender shall execute, deliver and, if applicable, file of record any and all documents and instruments necessary to effectuate the intent of this Section 8. Section 9. Indemnification; Other Payments. To the fullest extent permitted by law, the Borrower agrees to indemnify, hold harmless and defend the Governmental Lender and each of its officers, Supervisors, officials, employees, attorneys and agents (collectively, the “Indemnified Parties”), against any and all losses, damages, claims, actions, liabilities, costs and expenses of any conceivable nature, kind or character (including, without limitation, reasonable attorneys ’ fees, litigation and court costs, amounts paid in settlement and amounts pai d to discharge judgments) to which the Indemnified Parties, or any of them, may become subject under or any statutory law (including federal or state securities laws) or at common law or otherwise, arising out of or based upon or in any way relating to: (i) the Funding Loan Agreement, the Borrower Loan Agreement, this Regulatory Agreement or any of the other Funding Loan Documents and all documents related thereto, or the execution or amendment hereof or thereof or in connection with transactions contemplated hereby or thereby, including the issuance, sale, resale or remarketing of the Funding Loan; (ii) any act or omission of the Borrower or any of its agents, contractors, servants, employees or licensees in connection with the Borrower Loan or the Project, the acquisition, rehabilitation or operation of the Project, or the condition, environmental or otherwise, occupancy, use, possession, conduct or management of work done in or about, or from the planning, design, acquisition and rehabilitation of the Project or any part thereof; (iii) any lien or charge upon payments by the Borrower to the Governmental Lender or the Servicer or any taxes (including, without limitation, all ad valorem taxes and sales taxes), assessments, impositions and other charges imposed on the Govern mental Lender or the Servicer in respect of any portion of the Project; (iv) any violation of the Borrower Loan Agreement or any environmental law, rule or regulation with respect to, or the release of any toxic substance from, the Project or any part thereof; (v) the defeasance and/or prepayment, in whole or in part, of the Funding Loan or the Borrower Loan; (vi) any untrue statement or misleading statement or alleged untrue statement or alleged misleading statement of a material fact contained in any offering statement or disclosure document for the Funding Loan or any of the documents relating to the Funding Loan, or any omission or alleged omission from any offering statement or disclosure document for the Funding Loan of any material fact necessary to be stated there in in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading; or 19 4935-4989-7811v4/200936-0009 (vii) any declaration of taxability of interest on the Tax Exempt Governmental Note, or allegations (or regulatory inquiry) that int erest on the Tax Exempt Governmental Note is taxable for federal tax purposes; except to the extent such damages are caused by the willful misconduct of such Indemnified Party. In the event that any action or proceeding is brought against any Indemnified Party with respect to which indemnity may be sought hereunder, the Borrower, upon written notice from the Indemnified Party, shall assume the investigation and defense thereof, including the employment of counsel selected by the Indemnified Party, and shall assume the payment of all expenses related thereto, with full power to litigate, compromise or settle the same in its sole discretion; provided that the Indemnified Party shall have the right to review and approve or disapprove any such compromise or set tlement. Each Indemnified Party shall have the right to employ separate counsel in any such action or proceeding and participate in the investigation and defense thereof, and the Borrower shall pay the reasonable fees and expenses of such separate counsel; provided, however, that such Indemnified Party may only employ separate counsel at the expense of the Borrower if in the judgment of such Indemnified Party a conflict of interest exists by reason of common representation or if all parties commonly repres ented do not agree as to the action (or inaction) of counsel. In addition thereto, the Borrower will pay upon demand all of the fees and expenses paid or incurred by the Governmental Lender in enforcing the provisions hereof. The provisions of this Section 9 shall survive the final payment or defeasance of the Funding Loan and the Borrower Loan, and the termination of this Regulatory Agreement; provided, however, the provisions of this Section shall, in the case of the Governmental Lender, survive the term of this Agreement, but only as to claims arising from events occurring during the term of this Regulatory Agreement. Nothing contained in this Section 9 shall cause the obligation of the Borrower to pay principal and interest on the Borrower Loan to be a recourse obligation of the Borrower. The obligations of the Borrower under this Section are independent of any other contractual obligation of the Borrower to provide indemnity to the Indemnified Parties, and the obligation of the Borrower to provide indemnity hereunder shall not be interpreted, construed or limited in light of any other separate indemnification obligation of the Borrower. The Indemnified Party shall be entitled simultaneously to seek indemnity under this Section and any other provision under which it is entitled to indemnity. Section 10. Consideration. The Governmental Lender has agreed to incur the Funding Loan to provide funds to lend to the Borrower to finance the Project, all for the purpose, among others, of inducing the Borrower to acquire, rehabilitate and operate the Project. In consideration of the issuance of the Governmental Notes by the Governmental Lender, the Borrower has entered into this Regulatory Agreement and has agreed to restrict the uses to which this Project can be put on the terms and conditions set forth herein. Section 11. Reliance. The Governmental Lender and the Borrower hereby recognize and agree that the representations and covenants set forth herein may be relied upon by all persons interested in the legality and validity of the Governmental Notes, in the exemption from California personal income taxation of interest on the Tax Exempt Governmental Notes and in the Tax Exempt status of the interest on the Tax Exempt Governmental Note. In performing their duties and obligations 20 4935-4989-7811v4/200936-0009 hereunder, the Governmental Lender and the Administrator may rely upon statements and certificates of the Low Income Tenants, and upon audits of the books and records of the Borrower pertaining to the Project. In addition, the Governmental Lender may consult with counsel, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Governmental Lender hereunder in good faith and in conformity with such opinion. In determining whether any default or lack of compliance by the Borrower exists under this Regulatory Agreement, the Governmental Lender shall not be required to conduct any investigation into or review of the operations or records of the Borrower and may rely solely on any written notice or certificate delivered to the Governmental Lender by the Borrower with respect to the occurrence or absence of a default. Section 12. Transfer of the Project. During the entire Compliance Period, the Borrower shall not Transfer the Project, in whole or in part, without the prior written consent of the Governmental Lender, which consent shall not be unreasonably withheld or delayed, if the following conditions are satisfied: (A) the receipt by the Governmental Lender of evidence acceptable to the Governmental Lender that (1) the Borrower shall not be in default hereunder or under any of the other Borrower Loan Documents in effect, or the transferee undertakes to cure any defaults of the Borrower to the reasonable satisfaction of the Governmental Lender; (2) the continued operation of the Project shall comply with the provisions of this Regulatory Agreement; (3) either (a) the transferee or its Manager has at least three years’ experience in the ownership, operation and management of similar size rental housing projects, and at least one year’s experience in the ownership, operation and management of rental housing projects containing below-market-rate units, without any record of material violations of discrimination restrictions or other state or federal laws or regulations or local governmental requirements applicable to such projects, or (b) the transferee agrees to retain a Manager with the experience and record described in subclause (a ) above, or (c) the transferring Borrower or its management company will continue to manage the Project, or another management company reasonably acceptable to the Governmental Lender will manage, for at least one year following such Transfer and, if applicable, during such period the transferring Borrower or its management company will provide training to the transferee and its manager in the responsibilities relating to the Lo w Income Units; and (4) the person or entity that is to acquire the Project does not have pending against it, and does not have a history of significant and material building code violations or complaints concerning the maintenance, upkeep, operation, and regulatory agreement compliance of any of its projects as identified by any local, state or federal regulatory agencies; (B ) the execution by the transferee of a document reasonably acceptable to the Governmental Lender with respect to the assumption of th e Borrower’s obligations under this Regulatory Agreement and the other Borrower Loan Documents in effect, including without limitation an instrument of assumption hereof and thereof, and delivery to the Governmental Lender of an opinion of such transferee’s counsel to the effect that each such document and this Regulatory Agreement are valid, binding and enforceable obligations of such transferee, subject to bankruptcy and other standard limitations affecting creditor’s rights; (C) receipt by the Governmental Lender of an opinion of Tax Counsel (with a copy to the Servicer and the Funding Lender) to the effect that any such Transfer will not adversely affect the Tax Exempt status of interest on the Tax Exempt Governmental Note; (D) receipt by the Governmental Lender of all fees and/or expenses then currently due and payable to the Governmental Lender by the Borrower under any of the Borrower Loan Documents; and (E) receipt by the Governmental Lender of evidence of satisfaction of compliance with the provisions of Section 29(d)(i) related to notice to CDLAC of transfer of the Project. It is hereby expressly stipulated and agreed that any Transfer of the Project in violation of this Section 12 shall be null, void and without effect, shall cause a reversion of ti tle to the Borrower, and 21 4935-4989-7811v4/200936-0009 shall be ineffective to relieve the Borrower of its obligations under this Regulatory Agreement. The written consent of the Governmental Lender to any Transfer of the Project shall constitute conclusive evidence that the Transfer is not in violation of this Section 12. Nothing in this Section shall affect any provision of any other document or instrument between the Borrower and any other party which requires the Borrower to satisfy certain conditions or obtain the prior written co nsent of such other party in order to Transfer the Project. Upon any Transfer that complies with this Regulatory Agreement, the Borrower shall be fully released from its obligations hereunder, but only to the extent such obligations have been fully assumed in writing by the transferee of the Project. The foregoing notwithstanding, the Project may be transferred pursuant to a foreclosure, exercise of power of sale or deed in lieu of foreclosure or comparable conversion under any deed of trust without the consent of the Governmental Lender or compliance with the provisions of this Section 12. The Governmental Lender hereby approves the transfer of limited partnership interests in the Borrower to affiliates of the investor limited partner of the Borrower, including, without limitation, the transfer of membership interests in the Borrower from the investor limited partner and non - managing membership interests in the limited partner of Borrower. During the entire Compliance Period, the Borrower shall not: (1) encumber any of the Project or grant commercial leases of any part thereof, or permit the conveyance, transfer or encumbrance of any part of the Project, except for (A) encumbrances permitted under the Continuing Covenant Agreement and the Borrower Loan Agreement, or (B) a Transfer in accordance with the terms of this Regulatory Agreement, in each case upon receipt by the Governmental Lender of an opinion of Tax Counsel (with a copy to the Servicer and the Funding Lender) to the effect that such action will not adversely affect the Tax Exempt status of interest on the Tax Exempt Governmental Note (provided that such opinion will not be required with respect to any encumbrance, lease or transfer relating to a commercial operation or ancillary facility that will be available for tenant use and is customary to the operation of multifamily housing developments similar to the Project); (2 ) demolish any part of the Project or substantially subtract from any real or personal property of the Project, except to the extent that what is demolished or removed is replaced with comparable property or such demolition or removal is otherwise permitted by the Borrower Loan Agreement; or (3) permit the use of the dwelling accommodations of the Project for any purpose except rental residences. Section 13. Term. This Regulatory Agreement and all and several of the terms hereof shall become effective upon its execution and delivery, and shall remain in full force and effect for the period provided herein and shall terminate as to any provision not otherwise provided with a specific termination date and shall terminate in its entirety at the end of the Compliance Period, it being expressly agreed and understood that the provisions hereof are intended to survive the repayment of the Governmental Notes and of the Borrower Loan and the termination of the Borrower Loan Agreement. The terms of this Regulatory Agreement to the contrary notwithstanding, the requirements of this Regulatory Agreement shall terminate and be of no further force and effect in the event of involuntary noncompliance with the provisions of this Regulatory Agreement caused by fire or other casualty, seizure, requisition, foreclosure or transfer of title by deed in lieu of foreclosure, change in a federal law or an action of a federal agency after the Closing Date, which prevents the Governmental Lender from enforcing such provisions, or condemnation or a similar event, but only if, within a reasonable period, either (a) the Funding Loan is fully repaid, fully cancelled or fully forgiven, or (b) amounts received as a consequence of such event are used to provide a project that meets the requirements hereof; provided, however, that the preceding provisions of this sentence shall cease to 22 4935-4989-7811v4/200936-0009 apply and the restrictions contained herein shall be reinstated if, at any time subsequent to the termination of such provisions as the result of the foreclosure or the delive ry of a deed in lieu of foreclosure or a similar event, the Borrower or any related person (within the meaning of Section 1.103-10(e) of the Regulations) obtains an ownership interest in the Project for federal income tax purposes. The Borrower hereby agrees that, following any foreclosure, transfer of title by deed in lieu of foreclosure or similar event, neither the Borrower nor any such related person as described above will obtain an ownership interest in the Project for federal tax purposes. Notwithstanding any other provision of this Regulatory Agreement, this Regulatory Agreement may be terminated upon agreement by the Governmental Lender and the Borrower, with the consent of CDLAC, upon receipt by the Governmental Lender of an opinion of Tax Counsel to the effect that such termination will not adversely affect the exclusion from gross income of interest on the Tax Exempt Governmental Note for federal income tax purposes and is otherwise permitted under the Act. Upon the termination of the terms of this Regulatory Agreement, the parties hereto agree to execute, deliver and record appropriate instruments of release and discharge of the terms hereof; provided, however, that the execution and delivery of such instruments shall not be necessary or a prere quisite to the termination of this Regulatory Agreement in accordance with its terms. Section 14. Covenants to Run With the Land. Notwithstanding Section 1461 of the California Civil Code, the Borrower hereby subjects the Project to the covenants, reservations and restrictions set forth in this Regulatory Agreement. The Governmental Lender and the Borrower hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pa ss to and be binding upon the Borrower’s successors in title to the Project; provided, however, that on the termination of this Regulatory Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reserva tions and restrictions are set forth in such contract, deed or other instruments. Section 15. Burden and Benefit. The Governmental Lender and the Borrower hereby declare their understanding and intent that the burdens of the covenants set forth herein touch and concern the land in that the Borrower’s legal interest in the Project is rendered less valuable thereby. The Governmental Lender and the Borrower hereby further declare their understanding and intent that the benefits of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Project by Low Income Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which the Governmental Note s were issued. Section 16. Uniformity; Common Plan. The covenants, reservations and restrictions hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan for the use of the site on which the Project is located. Section 17. Default; Enforcement. If the Borrower defaults in the performance or observance of any covenant, agreement or obligation of the Borrower set forth in this Regulatory Agreement, and if such default remains uncured for a period of 60 days after notice thereof shall have been given by the Governmental Lender to the Borrower (with a copy to the Servicer and the Funding Lender), or for a period of 60 days from the date the Borrower should, with reasonable diligence, have discovered such default, then the Governmental Lender may declare an “Event of Default” to have 23 4935-4989-7811v4/200936-0009 occurred hereunder; provided, however, that if the default is of such a nature that it cannot be corrected within 60 days, such default shall not constitute an Event of Default hereunder so long as (i ) the Borrower institutes corrective action within said 60 days and diligently pursues such action until the default is corrected, and (ii) in the opinion of Tax Counsel, the failure to cure said default within 60 days will not adversely affect the Tax Exempt status of interest on the Tax Exempt Governmental Note. The Governmental Lender shall have the right to enforce the obligations of the Borrower under this Regulatory Agreement within shorter periods of time than are otherwise provided herein if necessary to ensure compliance with the Act or the Code. Following the declaration of an Event of Default hereunder, the Governmental Lender may at its option and subject to the provisions of Section 7.06 of the Borrower Loan Agreement, take any one or more of the following steps, in addition to all other remedies provided by law or equity: (i) by mandamus or other suit, action or proceeding at law or in equity, including injunctive relief, require the Borrower to perform its obligations and covenants hereunder or enjoin any acts or things that may be unlawful or in violation of the rights of the Governmental Lender hereunder; (ii) have access to and inspect, examine and make copies of all of the books and records of the Borrower pertaining to the Project; (iii) take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and agreements of the Borrower hereunder; and (iv) order and direct the Borrower in writing to terminate the Manager and to select a replacement Manager meeting the requirements hereof with in 60 days of such written direction, and to notify the Governmental Lender in writing of the identity of the replacement Manager and certify that such replacement Manager satisfies the requirements hereof. The Borrower hereby agrees that specific enforcement of the Borrower’s agreements contained herein is the only means by which the Governmental Lender may fully obtain the benefits of this Regulatory Agreement made by the Borrower herein, and the Borrower therefore agrees to the imposition of the remedy of specific performance against it in the case of any Event of Default by the Borrower hereunder. It is acknowledged and agreed by the Borrower and the Governmental Lender that one of the primary purposes of this Regulatory Agreement is to preserve the excl usion from gross income for federal income tax purposes of interest on the Tax Exempt Governmental Note. The Funding Lender and the Servicer are hereby declared intended third party beneficiaries of this Regulatory Agreement and shall be entitled to enforce the provisions hereof in the event of any default hereunder. The Governmental Lender hereby agrees that cure of any Event of Default made or tendered by any partner of the Borrower shall be deemed to be a cure by the Borrower and shall be accepted or rejected on the same basis as if made or tendered by the Borrower. Section 18. [intentionally omitted]. Section 19. Recording and Filing. (a) The Borrower shall cause this Regulatory Agreement and all amendments and supplements hereto and thereto, to be recorded and filed in the 24 4935-4989-7811v4/200936-0009 real property records of the County, and in such other places as the Governmental Lender may reasonably request. The Borrower shall pay all fees and charges incurred in connection with any such recording. (b) The Borrower and the Governmental Lender will file of record such other documents and take such other steps as are reasonably necessary, in the opinion of Tax Counsel, in order to ensure that the requirements and restrictions of this Regulatory Agreement will be binding upon all owners of the Project. (c) The Borrower hereby covenants to include or reference the requirements and restrictions contained in this Regulatory Agreement in any documents transferring any interest in the Project to another person to the end that such transferee has notice of, and is bound by, such restrictions, and, except in the case of a foreclosure or comparable involuntary conversion of the Security Instrument), whereby the Funding Lender becomes the owner of the Project, to obtain the agreement from any transferee to abide by all requirements and restrictions of this Regulatory Agreement. Section 20. Payment of Fees. Notwithstanding any prepayment of the Borrower Loan and discharge of the Borrower Loan Agreement, the Borrower shall continue to pay (or, to the extent allowed under the Code, shall prepay the present value at such time of) the fees of the Governmental Lender as provided in this Section 20, unless such prepayment is made in connection with a refunding of the Governmental Notes. The Borrower agrees to pay to the Governmental Lender (i) the Governmental Lender Issuance Fee, which shall be paid on or before the Closing Date, (ii ) the Governmental Lender Annual Fee, which shall be payable commencing on the Closing Date and annually on each [October 1] thereafter, and continuing throughout the Compliance Period, and (iii ) within 30 days after receipt of request for payment thereof, all reasonable out-of-pocket expenses of the Governmental Lender (not including salaries and wages of Governmental Lender employees) related to the Governmental Note s, the Borrower Loan, the other Funding Loan Documents and the Project and the financing thereof, including, without limitation, legal fees and expenses incurred in co nnection with the interpretation, performance, enforcement or amendment of any documents relating to the Project, the Governmental Notes, the Borrower Loan or any of the other Funding Loan Documents. In the event that the Qualified Project Period terminates prior to the termination of the Compliance Period (other than by reason of the issuance of refunding bonds), and provided that the conditions of this Section are satisfied, the Borrower shall thereafter and for the remainder of the Compliance Period pay to the Governmental Lender annually in advance an amount equal to $5,000.00. Notwithstanding the foregoing, any foreclosing lender, its successors, assigns, nominees or a third party purchaser at foreclosure shall not be obligated under this Section following a foreclosure or deed in lieu of foreclosure; provided, however, that the preceding provisions of this sentence shall cease to apply and the requirements contained in this Section shall be reinstated if, at any time subsequent to the termination of the provisions of this Section as the result of the foreclosure or the delivery of a deed in lieu of foreclosure or a similar event, the Borrower or any related person (within the meaning of Section 1.103-10(e) of the Regulations) obtains an ownership interest in the Project for federal income tax purposes. The full Governmental Lender Annual Fee shall continue to be payable unless and until the Governmental Lender has confirmed receipt of all amounts t hen due and payable in arrears by the Borrower to the Governmental Lender in connection with the Borrower Loan, at which point the Governmental Lender Annual Fee shall become effective. 25 4935-4989-7811v4/200936-0009 If the Borrower fails to make payment of the Governmental Lender Annual Fee for a period of two consecutive years or more, the Governmental Lender may, in its sole discretion, declare the total amount of the Governmental Lender Annual Fee through the end of the Compliance Period immediately due and payable, such amount to be discounted at a rate equal to the then current market rate for U.S. Treasury obligations of a maturity equal to the remaining term of the Compliance Period. Section 21. Governing Law; Venue. This Regulatory Agreement shall be construed in accordance with and governed by the laws of the State applicable to contracts made and performed in the State. This Regulatory Agreement shall be enforceable in the State, and any action arising hereunder shall (unless waived by the Governmental Lender in writing) be filed and maintained in the Superior Court of California, County of Contra Costa. Section 22. Amendments; Waivers. (a) Except as provided in Section 8(a) and 29(e) hereof, this Regulatory Agreement may be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County, and only upon receipt by the Governmental Lender of an opinion from Tax Counsel (with a copy to the Servicer and the Funding Lender) that such amendment will not adversely affect the Tax Exempt status of interest on the Tax Exempt Governmental Note and is not contrary to the provisions of the Act. (b) Anything to the contrary contained herein notwithstanding, the Governmental Lender and the Borrower hereby agree to amend this Regulatory Agreement to the extent required, in the opinion of Tax Counsel, in order that interest on the Tax Exempt Governmental Note remains Tax Exempt. The party requesting such amendment shall notify the other party to this Regulatory Agreement of the proposed amendment, with a copy of such proposed amendment to Tax Counsel and a request that Tax Counsel render to the Governmental Lender an opinion as to the effect of such proposed amendment upon the Tax Exempt status of interest on the Tax Exempt Governmental Note. This provision shall not be subject to any provision of any other agreement requiring any party hereto to obtain the consent of any other person in order to amend this Regulatory Agreement. (c) Any waiver of, or consent to, any condition under this Regulatory Agreement must be expressly made in writing. Section 23. Notices. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, overnight delivery, certified or registered mail, postage prepaid, return receipt requested, or by telecopy, in each case at the respective addresses specified in Section 11.04 of the Funding Loan Agreement, or at such other addresses as may be specified in writing by the parties hereto. Unless otherwise specified by the Administrator, the address of the Administrator is the same as the address of the Governmental Lender. Unless otherwise specified by CDLAC, the address of CDLAC is: California Debt Limit Allocation Committee 915 Capitol Mall, Room 311 Sacramento, CA 95814 Attention: Executive Director The Governmental Lender, the Administrator, CDLAC and the Borrower may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or 26 4935-4989-7811v4/200936-0009 other communications shall be sent. Notice shall be deemed given on the date evidenced by the postal or courier receipt or other written evidence of delivery or electronic transmission; provided that any telecopy or other electronic transmission received by any party after 4:00 p.m., lo cal time of the receiving party, as evidenced by the time shown on such transmission, shall be deemed to have been received the following Business Day. A copy of each notice of default provided to the Borrower hereunder shall also be provided to the Tax Credit Investor at the address set forth in the Funding Loan Agreement. The Borrower shall notify the Governmental Lender and the Administrator in writing of any change to the name of the Project or any change of name or address for the Borrower or the Manager. The Borrower shall further notify CDLAC in writing of any event provided in Section 29(d) hereof. Section 24. Severability. If any provision of this Regulatory Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. Section 25. Multiple Counterparts. This Regulatory Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. Section 26. Limitation on Liability. Notwithstanding the foregoing or any other provision or obligation to the contrary contained in this Regulatory Agreement, (i ) the liability of the Borrower under this Regulatory Agreement to any person or entity, including, but not limited to, the Governmental Lender and its successors and assigns, is limited to the Borrower’s interest in the Project and the amounts held in the funds and accounts created under the Funding Loan Agreement or the Borrower Loan Agreement, or any rights of the Borrower under any guarantees relating to the Project, and such persons and entities shall look exclusively thereto, or to such other security as may from time to time be given for the payment of obligations arising out of this Regulatory Agreement or any other agreement securing the obligations of the Borrower under this Regulatory Agreement; and (ii ) from and after the date of this Regulatory Agreement, no deficiency or other personal judgment, nor any order or decree of specific performance (other than pertaining to this Regulatory Agreement, any agreement pertaining to any Project or any other agreement securing the Borrower’s obligations under this Regulatory Agreement), shall be rendered against the Borrower, the assets of the Borrower (other than the Borrower’s interest in the Project, this Regulatory Agreement, amounts held in the funds and accounts created under the Borrower Loan Agreement and the other Borrower Loan Documents, any rights of the Borrower under the Borrower Loan Agreement and the other Borrower Loan Documents or any other documents relating to the Borrower Loan or any rights of the Borrower under any guarantees relating to the Project), its partners, successors, transferees or assigns and each of their respective officers, directors, employees, partner s, agents, heirs and personal representatives, as the case may be, in any action or proceeding arising out of this Regulatory Agreement, the Borrower Loan Agreement and the other Borrower Loan Documents or any agreement securing the obligations of the Borrower under this Regulatory Agreement, or any judgment, order or decree rendered pursuant to any such action or proceeding, except to the extent provided in the Borrower Loan Agreement. Section 27. Third-Party Beneficiaries. The Administrator, the Funding Lender, the Servicer, the former owners of the 2004 Bonds and CDLAC are intended to be and shall each be a third-party beneficiary of this Regulatory Agreement. The Administrator shall have the right (but not the obligation) to enforce, separately or jointly with the Governmental Lender, the terms of this Regulatory Agreement and to pursue an action for specific performance or other available remedy at 27 4935-4989-7811v4/200936-0009 law or in equity in accordance with Section 17 hereof. CDLAC shall have the right (but not the obligation) to enforce the CDLAC Conditions and to pursue an action for specific performance or other available remedy at law or in equity in accordance with Section 17 hereof, provided that any such action or remedy shall not materially adversely affect the interests and righ ts of the owner of the Governmental Notes. Pursuant to Section 52080(k) of the Act, the requirements of Section 6 may be enforced either in law or in equity by any resident, local agency, entity, or by any other person adversely affected by the Borrower’s failure to comply with the requirements of that Section. Section 28. Property Management. The Borrower agrees that at all times the Project shall be managed by a property manager (i) approved by the Governmental Lender in its reasonable discretion and (ii) who has at least three years’ experience in the ownership, operation and management of similar size rental housing projects, and at least one year ’s experience in the ownership, operation and management of rental housing projects containing below-market-rate units, without any record of material violations of discrimination restrictions or other state or federal laws or regulations or local governmental requirements applicable to such projects (the “Manager”). The Borrower shall submit to the Governmental Lender from time to time such information about the background, experience and financial condition of any existing or proposed Manager as the Governmental Lender may reasonably require to determine whether such Manager meets the requirements for a Manager set forth herein. The Governmental Lender reserves the right to conduct periodic reviews of the management practices and of the Manager to determine if the Project is being operated and managed in accordance with the requirements and standards of this Agreement. The Borrower agrees to cooperate with the Governmental Lender in such reviews. If the Governmental Lender determines in its reasonable judgment that the Project is not being operated and managed in accordance with one or more of the material requirements o r standards of this Regulatory Agreement, the Governmental Lender may, subject to any applicable provisions of the Borrower Loan Agreement, deliver notice to the Borrower (with a copy to the Servicer) requesting replacement of the Manager, which notice shall state clearly the reasons for such request. The Borrower agrees that, upon receipt of such notice, it shall within 60 days submit to the Governmental Lender a proposal to engage a new Manager meeting the requirements of this Section 28. The Governmental Lender shall respond within 30 days to such proposal or such approval shall be deemed given. Upon receipt of such consent or deemed consent, the Borrower shall within 60 days terminate the existing Manager’s engagement and engage the new Manager. If such proposal is denied by the Governmental Lender, the Borrower agrees that upon receipt of notice of such denial, it shall within 60 days submit to the Governmental Lender, a proposal to engage another new Manager meeting the requirements of this Section 28, subject to the Governmental Lender’s consent pursuant to the terms hereof. Section 29. Requirements of CDLAC. In addition to other requirements set forth herein and to the extent not prohibited by the requirements set forth in Sections 4 through 6 hereof, the Borrower hereby agrees to comply with each of the requirements of CDLAC set forth in this Section 29, as follows: (a) The Borrower shall comply with the CDLAC Resolution attached hereto as Exhibit E and the CDLAC Conditions set forth in Exhibit A thereto (collectively, the “CDLAC Conditions”), which conditions are incorporated herein by reference and made a part hereof. The CDLAC Conditions include those referred to in Section 8 of the Exhibit A to the CDLAC Resolution relating to “AMI” as used therein, tenant’s incomes and unit occupancy assumptions. The 28 4935-4989-7811v4/200936-0009 Borrower will prepare and submit to the Governmental Lender, not later than February 1 of each year, until the Project is completed, and on February 1 every three years thereafter until the end of the Compliance Period, a Certificate of Compliance II for Qualified Residential Rental Projects, in substantially the form required or otherwise provided by CDLAC from time to time, executed by an authorized representative of the Borrower. The Certificate of Compliance II for Qualified Residential Rental Projects shall be prepared pursuant to the terms of the CDLAC Conditions. Additionally, the Borrower will prepare and submit to the Governmental Lender, a Certificate of Completion, in substantially the form required or otherwise provided by CDLAC from time to ti me, executed by an authorized representative of the Borrower certifying among other things to the substantial completion of the rehabilitation of the Project. Following the submission of the Certificate of Completion, the Borrower will prepare and submit to the Governmental Lender, not later than February 1 every three years thereafter until the end of the Compliance Period, a California Tax Credit Allocation Committee Project Status Report or equivalent documentation in substantially the form required or otherwise provided by CDLAC from time to time. Compliance with the terms of the CDLAC Conditions not contained within this Regulatory Agreement, but referred to in the CDLAC Conditions are the responsibility of the Borrower to report to the Governmental Lender. (b) The Borrower acknowledges that the Governmental Lender and the Administrator will monitor or cause to be monitored the Borrower’s compliance with the terms of the CDLAC Conditions. The Borrower acknowledges that the Governmental Lender will prepare and submit to CDLAC, not later than March 1 of each year until the rehabilitation of the Project is completed, and on March 1 of every three years thereafter until the end of the Compliance Period, a Self-Certification Certificate in the form provided by CDLAC. The Borrower will cooperate fully with the Governmental Lender in connection with such monitoring and reporting requirements. (c) Except as otherwise provided in Section 13 of this Regulatory Agreement, this Regulatory Agreement shall terminate on the date 55 years after (i) the date on which at least fifty percent (50%) of the units in the Project are first occupied, or (ii) the date on which the Project is otherwise placed in service. (d) The Borrower shall notify CDLAC in writing of: (i) any change in ownership of the Project, (ii) any change in the Governmental Lender, (iii) any change in the name of the Project or the Manager; (iv) any material default under the Funding Loan Agreement, the Borrower Loan Agreement or this Regulatory Agreement, including, but not limited to, such defaults associated with the Tax Exempt status of the Tax Exempt Governmental Note, and the income and rental requirements as provided in Sections 4 and 6 hereof and the CDLAC Conditions; or (v) termination of this Regulatory Agreement. (e) CDLAC shall have the right, but not the obligation, to deliver revised CDLAC Conditions to the Borrower after the Closing Date at any time that are not more restrictive than the original CDLAC conditions; provided however, that: (i) any changes in the terms and conditions of the CDLAC Conditions prior to the recordation against the Project in the real property records of the County of a regulatory agreement between the Borrower and the California Tax Credit Allocation Committee (“TCAC Regulatory Agreement”) shall be limited to such changes as are necessary to correct any factual errors or to otherwise conform the CDLAC Conditions to any change in facts or circumstances applicable to the Borrower or the Project; and (ii) after recordation of the TCAC Regulatory Agreement, any changes in the terms and conditions of the CDLAC Conditions shall be limited to such changes as are necessary to conform Items 1, 4, 7, 9, 10, 11, 12, 14, 17, 18, 20, 22, 23, 24, 25, 27, 28, and 36 of Exhibit A to the CDLAC Conditions to any change in terms and conditions 29 4935-4989-7811v4/200936-0009 requested by Borrower and approved by CDLAC. The Governmental Lender may, in its sole and absolute discretion, require that the Borrower enter into an amendment to this Regulatory Agreement reflecting the revised CDLAC Conditions, which amendment shall be executed by the parties hereto or their successor in title and duly recorded in the real property records of the County. The Borrower shall pay any costs and expenses in connection therewith and provide CDLAC with a copy of that recorded amendment reflecting the revised CDLAC Conditions. Any of the foregoing requirements of the CDLAC contained in this Section 29 may be expressly waived by CDLAC, in its sole discretion, in writing, but (i ) no waiver by CDLAC of any requirement of this Section 29 shall, or shall be deemed to, extend to or affect any other provision of this Regulatory Agreement except to the extent the Governmental Lender has received an opinion of Tax Counsel that any such provision is not required by the Act or the Code and may be waived without adversely affecting the exclusion from gross income of interest on the Tax Exempt Governmental Note for federal income tax purposes; and (ii) any requirement of this Section 29 shall be void and of no force and effect if the Governmental Lender and the Borrower receive a written opinion of Tax Counsel to the effect that compliance with any such requirement would cause interest on the Tax Exempt Governmental Note to cease to be Tax Exempt or to the effect that compliance with such requirement would be in conflict with the Act, the Code or any other State or federal law. Section 30. Limited Liability of Governmental Lender. All obligations of the Governmental Lender under this Regulatory Agreement are limited obligation s, payable solely and only from Borrower Loan proceeds and other amounts derived by the Governmental Lender from the Borrower Loan or otherwise under the Borrower Loan Agreement. Section 31. Conflict With Other Affordability Agreements. Notwithstanding any provision in this Regulatory Agreement to the contrary, in the event of any conflict between the provisions of this Regulatory Agreement and any other agreement that imposes affordability requirements on the Project, including those referenced in Section 3(e) hereof, the provisions providing for the most affordable units, with the most affordability, in the Project shall prevail, so long as at all times the requirements of Section 2, 3, 4, 6, 7 and 29 of this Regulatory Agreement are in any event satisfied. Notwithstanding the foregoing, a breach or default under any agreement referenced in Section 3(e) hereof shall not, in itself, constitute a breach or a default under this Regulatory Agreement. Section 32. Annual Reporting Covenant. No later than January 31 of each calendar year (commencing January 31, 2026), the Borrower, on behalf of the Governmental Lender, agrees to provide to the California Debt and Investment Advisory Commission, by any method approved by the California Debt and Investment Advisory Commission, with a copy to the Governmental Lender, the annual report information required by section 8855(k)(1 ) of the California Government Code with respect to the Governmental Notes. This covenant shall remain in effect until the later of the date (a) the Governmental Notes are no longer outstanding or (b) the proceeds of the Governmental Notes have been fully spent. [Signatures appear on the following pages] S-1 [Governmental Lender Signature page to Regulatory Agreement and Declaration of Restrictive Covenants – Riverhouse Hotel] 4935-4989-7811v4/200936-0009 IN WITNESS WHEREOF, the Governmental Lender and the Borrower have executed this Regulatory Agreement by duly authorized representatives, all as of the date first above written. COUNTY OF CONTRA COSTA, CALIFORNIA By: John Kopchik, Director Department of Conservation and Development [Signatures continue on following page] S-2 [Borrower Signature page to Regulatory Agreement and Declaration of Restrictive Covenants – Riverhouse Hotel] 4935-4989-7811v4/200936-0009 [Signatures continue from prior page] RIVERHOUSE HOTEL, L.P., a California limited partnership By: Riverhouse Hotel LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, a member and the manager By: Andrea Osgood, Chief of Real Estate Development & Executive Vice President 4935-4989-7811v4/200936-0009 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(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 instr ument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 4935-4989-7811v4/200936-0009 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. 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 names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC 4935-4989-7811v4/200936-0009 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. 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 names(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC A-1 4935-4989-7811v4/200936-0009 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [TO COME] B-1 4935-4989-7811v4/200936-0009 EXHIBIT B FORM OF INCOME CERTIFICATION TENANT INCOME CERTIFICATION Initial Certification 1st Recertification Other: Effective Date: Move-in Date: (YYYY-MM-DD) PART I - DEVELOPMENT DATA Property Name: Riverhouse Hotel County: Contra Costa BIN #: Address: 700 Alhambra Avenue, Martinez, CA 94553 Unit Number: # Bedrooms: PART II. HOUSEHOLD COMPOSITION Vacant HH Mbr # Last Name First Name Middle Initial Relationship to Head of Household Date of Birth (YYYY/MM//DD) F/T Student (Y or N) Last 4 digits of Social Security # 1 HEAD 2 3 4 5 6 7 PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS) HH Mbr # (A) Employment or Wages (B) Soc. Security/Pensions (C) Public Assistance (D) Other Income TOTALS $ $ $ $ Add totals from (A) through (D), above TOTAL INCOME (E): $ PART IV. INCOME FROM ASSETS Hshld Mbr # (F) Type of Asset (G) C/I (H) Cash Value of Asset (I) Annual Income from Asset TOTALS: $ $ Enter Column (H) Total Passbook Rate If over $5000 $ X 2.00% = (J) Imputed Income $ Enter the greater of the total of column I, or J: imputed income TOTAL INCOME FROM ASSETS (K) $ (L) Total Annual Household Income from all Sources [Add (E) + (K)] $ Effective Date of Move-in Income Certification: Household Size at Move-in Certification: B-2 4935-4989-7811v4/200936-0009 HOUSEHOLD CERTIFICATION & SIGNATURES The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in Part II acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the hous ehold moving out of the unit or any new member moving in. I/we agree to notify the landlord immediately upon any member becoming a full time student. Under penalties of perjury, I/we certify that the information presented in this Certification is true and accurate to the bes t of my/our knowledge and belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete information may result in the termination of the lease agreement. Signature (Date) Signature (Date) Signature (Date) Signature (Date) B-3 4935-4989-7811v4/200936-0009 PART V. DETERMINATION OF INCOME ELIGIBILITY RECERTIFICATION ONLY: TOTAL ANNUAL HOUSEHOLD INCOME FROM ALL SOURCES: From item (L) on page 1 $ Unit Meets Income Restriction at: 60% 50% Current Income Limit x 140%: $ Current Income Limit per Family Size: $ 40% 30% % Household Income exceeds 140% at recertification: Yes No Household Income at Move-in: $ Household Size at Move-in: PART VI. RENT Tenant Paid Rent $ Rent Assistance: $ Utility Allowance $ Other non-optional charges: $ GROSS RENT FOR UNIT: (Tenant paid rent plus Utility Allowance & other non-optional charges) $ Unit Meets Rent Restriction at: 60% 50% 40% 30% % Maximum Rent Limit for this unit: $ PART VII. STUDENT STATUS *Student Explanation: ARE ALL OCCUPANTS FULL TIME STUDENTS? If yes, Enter student explanation* 1 AFDC / TANF Assistance (also attach documentation) 2 Job Training Program yes no 3 Single Parent/Dependent Child 4 Married/Joint Return Enter 1-5 5 Former Foster Care PART VIII. PROGRAM TYPE Mark the program(s) listed below (a. through e.) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification. a. Tax Credit See Part V above. b. HOME Income Status 50% AMGI 60% AMGI 80% AMGI OI** c. Tax Exempt Income Status 50% AMGI 60% AMGI 80% AMGI OI** d. AHDP Income Status 50% AMGI 80% AMGI OI** e. (Name of Program) Income Status __________ __________ OI** ** Upon recertification, household was determined over-income (OI) according to eligibility requirements of the program(s) marked above. B-4 4935-4989-7811v4/200936-0009 SIGNATURE OF OWNER/REPRESENTATIVE Based on the representations herein and upon the proof and documentation required to be submitted, the individual(s) named in Part II of this Tenant Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the Land Use Restriction Agreement (if applicable), to live in a unit in this Project. SIGNATURE OF OWNER/REPRESENTATIVE DATE B-5 4935-4989-7811v4/200936-0009 INSTRUCTIONS FOR COMPLETING TENANT INCOME CERTIFICATION This form is to be completed by the owner or an authorized representative. Part I - Project Data Check the appropriate box for Initial Certification (move-in), Recertification (annual recertification), or Other. If Other, designate the purpose of the recertification (i.e., a unit transfer, a change in household composition, or other state-required recertification). *Move-in Date Enter the date the tenant has or will take occupancy of the unit. (YYYY-MM-DD) *Effective Date Enter the effective date of the certification. For move-in, this should be the move-in date. For annual recertification, this effective date should be no later than one year from the effective date of the previous (re)certification. (YYYY-MM-DD) Property Name Enter the name of the development. County Enter the county (or equivalent) in which the building is located. BIN # Enter the Building Identification Number (BIN) assigned to the building (from IRS Form 8609). Address Enter the address of the building. Unit Number Enter the unit number. # Bedrooms *Vacant Unit Enter the number of bedrooms in the unit. Check if unit was vacant on December 31 of requesting year. Part II - Household Composition List all occupants of the unit. State each household member’s relationship to the head of household by using one of the following coded definitions: H - Head of Household S - Spouse A - Adult co-tenant O - Other family member C - Child F - Foster child(ren)/adult(s) L - Live-in caretaker N - None of the above Enter the date of birth, student status, and last four digits of social security number or alien registration number for each occupant. If tenant does not have a Social Security Number (SSN) or alien registration number, please enter the numerical birth mo nth and last two digits of birth year (e.g. birthday January 1, 1970, enter “0170”). If tenant has no SSN number or date of birth, please enter the last 4 digits of the BIN. If there are more than 7 occupants, use an additional sheet of paper to list the remaining household members and attach it to the certification. B-6 4935-4989-7811v4/200936-0009 Part III - Annual Income See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable forms of verifica tion. From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received for the twelve months from the effective date of the (re)certification. Complete a separate line for each income-earning member. List each respective household member number from Part II. Include anticipated income only if documentation exists verifying pending employment . If any adult states zero-income, please note “zero” in the columns of Part III. Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from employment; distributed profits and/or net income from a business. Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military retirement, etc. Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance, disability, etc.). Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income regularly received by the household. Row (E) Add the totals from columns (A) through (D), above. Enter this amount. Part IV - Income from Assets See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, including acceptable forms of verification. From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received dur ing the twelve months from the effective date of the certification. List the respective household member number from Part II and complete a separate line for each member. Column (F) List the type of asset (i.e., checking account, savings account, etc.) Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the fa mily has disposed of the asset for less than fair market value within two years of the effective date of (re)certification). Column (H) Enter the cash value of the respective asset. Column (I) Enter the anticipated annual income from the asset (i.e., savings account balance multiplied by the annual interest rate). TOTALS Add the total of Column (H) and Column (I), respectively. If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income. Enter the Total Cash Value, multiply by 2% and enter the amount in (J), Imputed Income. Row (K) Row (L) *Effective Date of Income Certification *Household Size at Certification Enter the greater of the total in Column (I) or (J) Total Annual Household Income From all Sources Add (E) and (K) and enter the total Enter the effective date of the income certification corresponding to the total annual household income entered in Box L. If annual income certification is not required, this may be different from the effective date listed in Part I. Enter the number of tenants corresponding to the total annual household income entered in Box L. If annual income certification is not required, this may be different from the number of tenants listed in Part II. B-7 4935-4989-7811v4/200936-0009 HOUSEHOLD CERTIFICATION AND SIGNATURES After all verifications of income and/or assets have been received and calculated, each household member age 18 or older must sign and date the Tenant Income Certification. For move-in, it is recommended that the Tenant Income Certification be signed no earlier than 5 days prior to the effective date of the certification. Part V – Determination of Income Eligibility Total Annual Household Income from all Sources Enter the number from item (L). Current Income Limit per Family Size Enter the Current Move-in Income Limit for the household size. Household income at move-in Household size at move-in Current Income Limit x 140% For recertifications, only. Enter the household income from the move-in certification. On the adjacent line, enter the number of household members from the move-in certification. For recertifications only. Multiply the Current Maximum Move-in Income Limit by 140% and enter the total. 140% is based on the Federal Set-Aside of 20/50 or 40/60, as elected by the owner for the property, not deeper targeting elections of 30%, 40%, 45%, 50%, etc. Below, indicate whether the household income exceeds that total. If the Gross Annual Income at recertification is greater than 140% of the current income limit, then the available unit rule must be followed. *Units Meets Income Restriction at Check the appropriate box for the income restriction that the household meets according to what is required by the set-aside(s) for the project. Part VI - Rent Tenant Paid Rent Enter the amount the tenant pays toward rent (not including rent assistance payments such as Section 8). Rent Assistance Enter the amount of rent assistance, if any. Utility Allowance Enter the utility allowance. If the owner pays all utilities, enter zero. Other non-optional charges Enter the amount of non-optional charges, such as mandatory garage rent, storage lockers, charges for services provided by the development, etc. Gross Rent for Unit Enter the total of Tenant Paid Rent plus Utility Allowance and other non-optional charges. Maximum Rent Limit for this unit Enter the maximum allowable gross rent for the unit. Unit Meets Rent Restriction at Check the appropriate rent restriction that the unit meets according to what is required by the set-aside(s) for the project. Part VII - Student Status If all household members are full time* students, check “yes”. If at least one household member is not a full time student, check “no”. If “yes” is checked, the appropriate exemption must be listed in the box to the right. If none of the exemptions apply, the household is ineligible to rent the unit. Full time is determined by the school the student attends. B-8 4935-4989-7811v4/200936-0009 Part VIII – Program Type Mark the program(s) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification. If the property does not participate in the HOME, Tax Exempt Bond, Affordable Housing Disposition, or other housing program, leave those sections blank. Tax Credit See Part V above. HOME If the property participates in the HOME program and the unit this household will occupy will count towards the HOME program set-asides, mark the appropriate box indicting the household’s designation. Tax Exempt If the property participates in the Tax Exempt Bond program; mark the appropriate box indicating the household’s designation. AHDP If the property participates in the Affordable Housing Disposition Program (AHDP), and this household ’s unit will count towards the set-aside requirements, mark the appropriate box indicting the household’s designation. Other If the property participates in any other affordable housing program, complete the information as appropriate. SIGNATURE OF OWNER/REPRESENTATIVE It is the responsibility of the owner or the owner’s representative to sign and date this document immediately following execution by the resident(s). The responsibility of documenting and determining eligibility (including completing and signing the Tenant Income Certificati on form) and ensuring such documentation is kept in the tenant file is extremely important and should be conducted by someone well trained in tax credit compliance. These instructions should not be considered a complete guide on tax credit compliance. The responsibility for compliance wit h federal program regulations lies with the owner of the building(s) for which the credit is allowable. PART IX. SUPPLEMENTAL INFORMATION Tenant Demographic Profile Complete for each member of the household, including minors, for move-in. Use codes listed on supplemental form for Race, Ethnicity, and Disability Status. Resident/Applicant Initials All tenants who wish not to furnish supplemental information should initial this section. Parent/guardian may complete and initial for minor child(ren). * Please note areas with asterisks are new or have been modified. Please ensure to note the changes or formats now being requested. B-9 4935-4989-7811v4/200936-0009 TENANT INCOME CERTIFICATION QUESTIONNAIRE Name: Telephone Number: _______________________________________________________ ( ) Initial Certification BIN # Re-certification Other Unit # INCOME INFORMATION Yes No MONTHLY GROSS INCOME I am self employed. (List nature of self employment) (use net income from business) $ I have a job and receive wages, salary, overtime pay, commissions, fees, tips, bonuses, and/or other compensation: List the businesses and/or companies that pay you: Name of Employer 1) 2) 3) $ $ $ I receive cash contributions of gifts including rent or utility payments, on an ongoing basis from persons not living with me. $ I receive unemployment benefits. $ I receive Veteran’s Administration, GI Bill, or National Guard/Military benefits/income. $ I receive periodic social security payments. $ The household receives unearned income from family members age 17 or under (example: Social Security, Trust Fund disbursements, etc.). $ I receive Supplemental Security Income (SSI). $ I receive disability or death benefits other than Social Security. $ I receive Public Assistance Income (examples: TANF, AFDC) $ I am entitled to receive child support payments. I am currently receiving child support payments. If yes, from how many persons do you receive support? ________ I am currently making efforts to collect child support owed to me. List efforts being made to collect child support: $ $ I receive alimony/spousal support payments $ I receive periodic payments from trusts, annuities, inheritance, retirement funds or pensions, insurance policies, or lottery winnings. If yes, list sources: 1)_____________________________________ 2)_____________________________________ $ $ I receive income from real or personal property. (use net earned income) $ B-10 4935-4989-7811v4/200936-0009 Student financial aid (public or private, not including student loans) Subtract cost of tuition from Aid received $ Asset information YES NO INTEREST RATE CASH VALUE I have a checking account(s). If yes, list bank(s) 1) 2) % % $ $ I have a savings account(s) If yes, list bank(s) 1) 2) % % $ $ I have a revocable trust(s) If yes, list bank(s) 1) % $ I own real estate. If yes, provide description: $ I own stocks, bonds, or Treasury Bills If yes, list sources/bank names 1) 2) 3) % % % $ $ $ I have Certificates of Deposit (CD) or Money Market Account(s). If yes, list sources/bank names 1) 2) 3) % % % $ $ $ I have an IRA/Lump Sum Pension/Keogh Account/401K. If yes, list bank(s) 1) 2) % % $ $ I have a whole life insurance policy. If yes, how many policies $ I have cash on hand. $ I have disposed of assets (i.e. gave away money/assets) for less than the fair market value in the past 2 years. If yes, list items and date disposed: 1) 2) $ $ B-11 4935-4989-7811v4/200936-0009 STUDENT STATUS YES NO Does the household consist of all persons who are full-time students (Examples: College/University, trade school, etc.)? Does the household consist of all persons who have been a full-time student in the previous 5 months? Does your household anticipate becoming an all full-time student household in the next 12 months? If you answered yes to any of the previous three questions are you: Receiving assistance under Title IV of the Social Security Act (AFDC/TANF/Cal Works - not SSA/SSI) Enrolled in a job training program receiving assistance through the Job Training Participation Act (JTPA) or other similar program Married and filing (or are entitled to file) a joint tax return Single parent with a dependent child or children and neither you nor your child(ren) are dependent of another individual Previously enrolled in the Foster Care program (age 18-24) UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE INFORMATION PRESENTED ON THIS FORM IS TRUE AND ACCURATE TO THE BEST OF MY/OUR KNOWLEDGE. THE UNDERSIGNED FURTHER UNDERSTANDS THAT PROVIDING FALSE REPRESENTATIONS HEREIN CONSTITUTES AN ACT OF FRAUD. FALSE, MISLEADING OR INCOMPLETE INFORMATION WILL RESULT IN THE DENIAL OF APPLICATION OR TERMINATION OF THE LEASE AGREEMENT. PRINTED NAME OF APPLICANT/TENANT SIGNATURE OF APPLICANT/TENANT DATE WITNESSED BY (SIGNATURE OF OWNER/REPRESENTATIVE) DATE C-1 4935-4989-7811v4/200936-0009 EXHIBIT C CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE RIVERHOUSE HOTEL Witnesseth that on this ____ day of ____________, 20__, the undersigned, having borrowed certain funds from the County of Contra Costa, California (the “Governmental Lender”) for the purpose of financing the above-listed multifamily rental housing developm ent (the “Project”), does hereby certify that: A. Have there been any changes to the ownership entity, principals or property management of the Project since the Borrower Loan was first incurred, or since the last certification was provided? B. During the preceding twelve-months (i) the Project was continually in compliance with the Regulatory Agreement executed in connection with such loan from the Governmental Lender, and (ii) ____% of the units in the Project were occupied by Low Income Tenants (minimum of 40%). In addition, the Project was in compliance with the requirements of Section 6 of the Regulatory Agreement (defined below). C. Set forth below is certain information regarding occupancy of the Project as of the date hereof. 1. Total Units: __________ 2. Total Units Occupied: __________ 3. Total Units Held Vacant and Available for Rent to Low Income Tenants __________ 4. Total Low Income Units Occupied: __________ 5. % of Low Income Units to Total Units % __________% (equals the Total of Lines 3 and 4, divided by the lesser of Line 1 or Line 2) D. The units occupied by Low Income Tenants are of similar size and quality to other units and are dispersed throughout the Project. E. Select appropriate certification: [No unremedied default has occurred under the Regulatory Agreement, the Funding Loan Agreement, the Borrower Loan Agreement, the Security Instrument or any of the other Funding Loan Documents.] [A default has occurred under the ____________. The nature of the default and the measures being taken to remedy such default are as follows: _______________.] F. Has there been a change of use for the Project? (If so, please describe) C-2 4935-4989-7811v4/200936-0009 G. The representations set forth herein are true and correct to the best of the undersigned’s knowledge and belief, and the undersigned acknowledges and agrees to provide to the Governmental Lender such documentation or evidence, in support of the foregoing certifications, as the Governmental Lender may request. C-3 4935-4989-7811v4/200936-0009 Capitalized terms used in this Certificate and not otherwise defined herein have the meanings given to such terms in the Regulatory Agreement and Declaration of Restrictive Covenants, dated as of __________ 1, 2025, between the Governmental Lender and Riverhouse Hotel, L.P., a California limited partnership. Date: RIVERHOUSE HOTEL, L.P., a California limited partnership By: Riverhouse Hotel LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, a member and the manager By: Andrea Osgood, Chief of Real Estate Development & Executive Vice President D-1 4935-4989-7811v4/200936-0009 EXHIBIT D FORM OF COMPLETION CERTIFICATE County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax-Exempt) 1) Project Name: Riverhouse Hotel (If project name has changed since the award of allocation please note the original project name as well as the new project name.) 2) CDLAC Application No.: 25-476 3) Name of Issuer: County of Contra Costa, California 4) Name of Borrower: Riverhouse Hotel, L.P., a California limited partnership (If Borrower has changed name since the award please note the original Borrower as well as the new Borrower.) 5) The undersigned hereby certifies that all work on the Project was substantially completed as of ________ __, 20__ The undersigned hereby further certifies that: (a) the aggregate amount disbursed on the Borrower Loan to date is $___________ (b) all amounts disbursed from proceeds of the Borrower Loan have been applied to pay or reimburse the undersigned for the payment of Project Costs and none of the amounts disbursed from the proceeds of the Borrower Loan have been applied to pay or reimburse any party for the payment of costs or expenses other than Project Costs; and (c) at least 95 percent of the amounts disbursed from the proceeds of the Tax Exempt Portion of the Borrower Loan have been applied to pay or reimburse the Borrower for the payment of Qualified Project Costs (as that term is used in the Regulatory Agreement) and less than 25 percent of the amounts disbursed from the proceeds of the Tax Exempt Portion of the Borrower Loan, exclusive of amounts applied to pay the costs of issuing the Tax Exempt Governmental Note, have been applied to pay or reimburse the Borrower for the cost of acquiring land. (d) the cost of the issuance of the Tax Exempt Governmental Note was equal to or less than 2% of the note proceeds issued. 6) The undersigned hereby certifies the Project meets the general federal rule for a Qualified Project Period. No____ Yes____ (e) 10% of the dwelling units in the project financed in part from the proceeds of the captioned Note were first occupied on _____ _____ , 20__ and D-2 4935-4989-7811v4/200936-0009 (f) 50% of the dwelling units in the project financed in part from the proceeds of the captioned Note were first occupied on _____ _____ , 20__ . 7) If no to 6) the undersigned hereby certifies the Project meets the special federal rule for a Qualified Project Period. No____ Yes____ (Project qualifies if it is an acquisition/construction where no more than 90% of the units were not available for occupancy within 60 days of the earlier of the Project acquisition or the Note Closing Date.) (g) Tax Exempt Governmental Note was issued on ____________, 2025 (h) Property was acquired on ________,__20__ (i) The date 10% of the units were available to occupy (within 60 days of the earlier of the acquisition or Tax Exempt Governmental Note issuance) ______ __, 20__ Signature of Officer Printed Name of Officer Title of Officer Phone Number E-1 4935-4989-7811v4/200936-0009 EXHIBIT E CDLAC RESOLUTION [To Be Inserted] Stradling Draft of 9/18/25 4923-1763-8226v4/200936-0009 FUNDING LOAN AGREEMENT among CN FINANCING, INC., as Funding Lender, COUNTY OF CONTRA COSTA, CALIFORNIA, as Governmental Lender and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Fiscal Agent Dated as of __________ 1, 2025 relating to: $[29,238,977] County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax-Exempt) and $__________ County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B (Taxable) TABLE OF CONTENTS Page i 4923-1763-8226v4/200936-0009 ARTICLE I DEFINITIONS; PRINCIPLES OF CONSTRUCTION 1.1 Definitions ............................................................................................................................. 2 1.2 Effect of Headings and Table of Contents ............................................................................ 8 1.3 Date of Funding Loan Agreement ......................................................................................... 8 1.4 Interpretation ......................................................................................................................... 8 ARTICLE II TERMS; GOVERNMENTAL LENDER NOTE 2.1 Terms ..................................................................................................................................... 8 2.2 Form of Governmental Lender Notes .................................................................................. 11 2.3 Execution and Delivery of Governmental Lender Notes .................................................... 11 2.4 Required Transferee Representations; Participations; Sale and Assignment ...................... 11 ARTICLE III PREPAYMENT 3.1 Prepayment of the Governmental Lender Notes From Prepayment under the Borrower Notes ................................................................................................................... 12 3.2 Notice of Prepayment .......................................................................................................... 13 ARTICLE IV SECURITY 4.1 Security for the Funding Loan ............................................................................................. 13 4.2 Delivery of Security ............................................................................................................ 14 ARTICLE V LIMITED LIABILITY 5.1 Source of Payment of Funding Loan and Other Obligations .............................................. 15 5.2 Exempt From Individual Liability ....................................................................................... 15 ARTICLE VI CLOSING CONDITIONS; APPLICATION OF FUNDS 6.1 Conditions Precedent to Closing ......................................................................................... 16 ARTICLE VII FUNDS AND ACCOUNTS 7.1 Authorization to Create Funds and Accounts ...................................................................... 16 7.2 Investment of Funds ............................................................................................................ 17 7.3 Establishment of Funds ....................................................................................................... 17 7.4 Note Payment Fund ............................................................................................................. 17 7.5 Expense Fund ...................................................................................................................... 18 7.6 Project Fund......................................................................................................................... 18 7.7 Rebate Fund ......................................................................................................................... 20 TABLE OF CONTENTS (continued) Page ii 4923-1763-8226v4/200936-0009 ARTICLE VIII REPRESENTATIONS AND COVENANTS 8.1 General Representations ...................................................................................................... 22 8.2 Encumbrance on Security .................................................................................................... 23 8.3 Repayment of Funding Loan ............................................................................................... 23 8.4 Borrower Loan Agreement Performance ............................................................................ 23 8.5 Maintenance of Records; Inspection of Records ................................................................. 23 8.6 Tax Covenants ..................................................................................................................... 24 8.7 Performance by the Borrower ............................................................................................. 25 ARTICLE IX DEFAULT; REMEDIES 9.1 Events of Default ................................................................................................................. 25 9.2 Acceleration of Maturity; Rescission and Annulment ........................................................ 26 9.3 Additional Remedies; Funding Lender Enforcement .......................................................... 26 9.4 Application of Money Collected ......................................................................................... 28 9.5 Remedies Vested in Funding Lender .................................................................................. 28 9.6 Restoration of Positions ....................................................................................................... 28 9.7 Rights and Remedies Cumulative ....................................................................................... 28 9.8 Delay or Omission Not Waiver ........................................................................................... 29 9.9 Waiver of Past Defaults ....................................................................................................... 29 9.10 Remedies Under Borrower Loan Agreement or Borrower Notes ....................................... 29 9.11 Waiver of Appraisement and Other Laws ........................................................................... 29 9.12 Suits to Protect the Security ................................................................................................ 29 9.13 Remedies Subject to Applicable Law .................................................................................. 30 9.14 Assumption of Obligations .................................................................................................. 30 ARTICLE X AMENDMENT; AMENDMENT OF BORROWER LOAN AGREEMENT AND OTHER DOCUMENTS 10.1 Amendment of Funding Loan Agreement ........................................................................... 30 10.2 Amendments Require Funding Lender Consent ................................................................. 30 10.3 Consents and Opinions ........................................................................................................ 30 ARTICLE XI AGENCY 11.1 Appointment of Funding Lender as Agent .......................................................................... 31 11.2 Authority of the Funding Lender ......................................................................................... 31 11.3 Successor Agent .................................................................................................................. 31 11.4 Consent to Assignment ........................................................................................................ 31 11.5 Power of Attorney ............................................................................................................... 32 11.6 Acceptance .......................................................................................................................... 32 11.7 Conditions ........................................................................................................................... 32 TABLE OF CONTENTS (continued) Page iii 4923-1763-8226v4/200936-0009 ARTICLE XII THE FISCAL AGENT 12.1 Appointment of Fiscal Agent; Acceptance .......................................................................... 32 12.2 Certain Duties and Responsibilities of Fiscal Agent ........................................................... 32 12.3 Notice of Defaults................................................................................................................ 34 12.4 Certain Rights of Fiscal Agent ............................................................................................ 34 12.5 Not Responsible for Recitals ............................................................................................... 35 12.6 May Hold Funding Loan ..................................................................................................... 36 12.7 Moneys Held in Trust .......................................................................................................... 36 12.8 Compensation and Reimbursement ..................................................................................... 36 12.9 Fiscal Agent Required; Eligibility ....................................................................................... 36 12.10 Resignation and Removal; Appointment of Successor ....................................................... 37 12.11 Acceptance of Appointment by Successor .......................................................................... 38 12.12 Merger, Consolidation or Succession to Business .............................................................. 38 12.13 Appointment of Co-Fiscal Agent ........................................................................................ 38 12.14 No Recourse Against Officers or Employees of Fiscal Agent ............................................ 39 12.15 Financing Statements........................................................................................................... 39 12.16 Loan Servicing..................................................................................................................... 39 ARTICLE XIII MISCELLANEOUS 13.1 Notices ................................................................................................................................. 40 13.2 Term of Funding Loan Agreement ...................................................................................... 42 13.3 Successors and Assigns ....................................................................................................... 42 13.4 Legal Holidays..................................................................................................................... 42 13.5 Governing Law .................................................................................................................... 42 13.6 Entire Agreement; Severability ........................................................................................... 42 13.7 Counterparts/Electronic Signatures ..................................................................................... 42 13.8 Nonrecourse Obligation of the Borrower ............................................................................ 43 13.9 Judicial Reference ............................................................................................................... 43 13.10 Successor to the Governmental Lender ............................................................................... 44 13.11 Additional Instruments ........................................................................................................ 44 13.12 Recycling Transactions ....................................................................................................... 44 EXHIBIT A FORM OF GOVERNMENTAL LENDER NOTES EXHIBIT B FORM OF REQUIRED TRANSFEREE REPRESENTATIONS EXHIBIT C FORM OF WRITTEN REQUISITION OF THE BORROWER 1 4923-1763-8226v4/200936-0009 FUNDING LOAN AGREEMENT This Funding Loan Agreement, dated as of _________ 1, 2025 (as amended, modified, supplemented or restated from time to time, this “Funding Loan Agreement”), is entered into by CN FINANCING, INC., a California corporation (together with any successor hereunder, the “Funding Lender”), COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic, duly organized and validly existing under the laws of the State of California (together with its successors and assigns, the “Governmental Lender”) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION (together with its successors and assigns, the “Fiscal Agent”). R E C I T A L S: WHEREAS, the Governmental Lender is empowered pursuant to Chapter 7 of Part 5 of Division 31 (commencing with Section 52075) of the California Health and Safety Code (the “Act”) to: (a) make loans to any person to provide financing for residential rental developments located within the jurisdiction of the Governmental Lender and intended to be occupied in part by persons of low and moderate income; (b) incur indebtedness for the purpose of obtaining moneys to make such loans and provide such financing, to establish any required reserve funds and to pay administrative costs and other costs incurred in connection with the incurrence of such indebtedness of the Governmental Lender; and (c) pledge all or any part of the revenues, receipts or resources of the Governmental Lender, including the revenues and receipts to be received by the Governmental Lender from or in connection with such loans, and to mortgage, pledge or grant security interests in such loans or othe r property of the Governmental Lender in order to secure the payment of the principal of, prepayment premium, if any, on and interest on such indebtedness of the Governmental Lender; and WHEREAS, Borrower (as defined below), has requested that the Governme ntal Lender enter into this Funding Loan Agreement under which the Funding Lender (i) will advance funds (the “Funding Loan”) to or for the account of the Governmental Lender, and (ii) apply the proceeds of the Funding Loan to make the Borrower Loan (as defined below) to the Borrower to finance the acquisition, rehabilitation and development of the Project (as defined below); and WHEREAS, simultaneously with the delivery of this Funding Loan Agreement, the Governmental Lender, the Funding Lender and the Borrower will enter into the Borrower Loan Agreement (as defined below), whereby the Borrower agrees to make loan payments to the Governmental Lender in an amount which, when added to other funds available under this Funding Loan Agreement, will be sufficient to enable the Governmental Lender to repay the Funding Loan and to pay all costs and expenses related thereto when due; and WHEREAS, to evidence its payment obligations under the Borrower Loan Agreement, the Borrower will execute and deliver to the Governmental Lender its Borrower Note (as defined below), and WHEREAS, the obligations of the Borrower under the Borrower Note will be secured by a lien on and security interest in the Project pursuant to the Deed of Trust (as hereinafter defined); and WHEREAS, the Governmental Lender has executed and delivered to the Funding Lender its [$29,238,977] maximum principal amount County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax-Exempt) (as amended, modified, supplemented or replaced from time to time, the “Tax Exempt Governmental Lender Note”), and its 2 4923-1763-8226v4/200936-0009 $________________ maximum principal amount County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B (Taxable) (as amended, modified, supplemented or replaced from time to time, the “Taxable Governmental Lender Note,” and, together with the Tax Exempt Governmental Lender Note, the “Governmental Lender Notes”), and all things necessary to make this Funding Loan Agreement, the valid, binding and legal limited obligation of the Governmental Lender, have been done and performed and the execution and delivery of this Funding Loan Agreement and the execution and delivery of the Governmental Lender Note s, subject to the terms hereof, have in all respects been duly authorized. A G R E E M E N T: NOW, THEREFORE, in consideration of the premises and the mutual representations, covenants and agreements herein contained, the parties hereto do hereby agree as follows: ARTICLE I DEFINITIONS; PRINCIPLES OF CONSTRUCTION 1.1 Definitions. For all purposes of this Funding Loan Agreement, except as otherwise expressly provided or unless the context otherwise clearly requires: (a) Unless specifically defined herein, all capitalized terms shall have the meanings ascribed thereto in the Borrower Loan Agreement. (b) The terms “herein, “hereof” and “hereunder” and other words of similar import refer to this Funding Loan Agreement as a whole and not to any particular Article, Section or other subdivision. The terms “agree” and “agreements” contained herein are intended to include and mean “covenant” and “covenants.” (c) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, and (ii) in the singular or pl ural number shall be deemed to have been made, respectively, in the plural or singular number as well. Singular terms shall include the plural as well as the singular, and vice versa. (d) References to the Tax Exempt Governmental Lender Note as “tax exempt” or to the “tax exempt status” of the Tax Exempt Governmental Lender Note are to the exclusion of interest on the Governmental Lender Note (other than any portion of the Tax Exempt Governmental Lender Note held by a “substantial user” of the Project or a “related person” within the meaning of Section 147 of the Code) from gross income for federal income tax purposes pursuant to Section 103(a) of the Code. (e) The following terms have the meanings set forth below: (f) “Additional Borrower Payments” shall have the meaning given such term in the Borrower Loan Agreement. “Affiliate” shall mean, as to any Person, any other Person that, directly or indirectly, is in Control of, is Controlled by or is under common Control with such Person. 3 4923-1763-8226v4/200936-0009 “Approved Transferee” means (1) a “qualified institutional buyer” (“QIB”) as defined in Rule 144A promulgated under the Securities Act of 1933, as in effect on the date hereof (the “Securities Act”) that is a financial institution or commercial bank, (2) an “accredited investor” as defined in Sections 501(a)(1) through (3) of Regulation D promulgated under the Securities Act, (3) an affiliate of the Funding Lender, (4) an entity the investors in which are described in (1), (2) or (3) above, (5) a trust or custodial arrangement established by the Funding Lender or one of its affiliates or any state or local government or any agency or entity which is a political subdivision of a federal, state or local government (a “Governmental Entity”), in each case (i) the beneficial interests in which wil l be owned only by QIBs or (ii) the beneficial interests in which will be rated in the “BBB” category or higher without regard to modifier (or the equivalent investment grade category) by at least one nationally recognized rating agency, or (6) a Governmental Entity. “Assignment of Deed of Trust” shall mean that certain Assignment Deed of Trust and Related Documents of even date herewith executed by Governmental Lender in favor of the Funding Lender, as amended, modified, supplemented or replaced from time to time. “Authorized Amount” shall mean (i) with respect to the Tax Exempt Governmental Lender Note, [$29,238,977], the maximum aggregate principal amount of the Tax Exempt Governmental Lender Note authorized under this Funding Loan Agreement, and (ii) with respect to the Taxable Governmental Lender Note, $________, the maximum aggregate principal amount of the Taxable Governmental Lender Note authorized under this Funding Loan Agreement. “Authorized Borrower Representative” shall have the meaning given suc h term in the Borrower Loan Agreement. “Authorized Governmental Lender Representative” shall mean the Executive Director of the Governmental Lender, or such other person at the time designated to act on behalf of the Governmental Lender as evidenced by a written certificate furnished to the Funding Lender and the Borrower containing the specimen signature of such person and signed on behalf of the Governmental Lender by an Authorized Governmental Lender Representative. Such certificate may designate an al ternate or alternates, each of whom shall be entitled to perform all duties of the Authorized Governmental Lender Representative. “Borrower” shall mean Riverhouse Hotel, L.P., a California limited partnership, and its permitted successors under the Borrower Loan Agreement, the Deed of Trust and the Regulatory Agreement as owner of the Project. “Borrower Loan” shall mean the mortgage loan made by the Governmental Lender to the Borrower pursuant to the Borrower Loan Agreement in the aggregate principal amount of the Borrower Loan Amount, as evidenced by the Borrower Notes. “Borrower Loan Agreement” shall mean the Borrower Loan Agreement, of even date herewith, among the Governmental Lender, the Borrower and the Funding Lender, as amended, modified, supplemented or replaced from time to time. “Borrower Loan Agreement Default” shall mean any event of default set forth in Section 6.1 of the Borrower Loan Agreement. A Borrower Loan Agreement Default shall “exist” if a Borrower Loan Agreement Default shall have occurred and be continuing beyond any applicable cure period. 4 4923-1763-8226v4/200936-0009 “Borrower Loan Amount” shall mean the amount of $__________. “Borrower Loan Documents” shall have the meaning given such term in the Borrower Loan Agreement. “Borrower Notes” shall have the meaning set forth in the Borrower Loan Agreement. “Business Day” shall mean any day other than (i) a Saturday or a Sunday, (ii) a day on which federally insured depository institutions in Wilmington, Delaware, New York, New York or the State of California are authorized or obligated by law, regulation, governmental decree or executive order to be closed, or (iii) a California state holiday when the Governmental Lender is authorized or obligated to be closed. “Closing Date” shall mean __________, 2025, being the date that initial Funding Loan proceeds are disbursed hereunder, as described in Section 2.1(b). “CNF” shall mean CN Financing, Inc., a California corporation, in its capacity as the Funding Lender and as the assignee and agent of the Governmental Lender with respect to the Borrower Loan pursuant to the terms of this Agreement. “Code” shall mean the Internal Revenue Code of 1986 as in effect on the Closing Date or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on t he Closing Date, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. “Control” shall mean, with respect to any Person, either (i) ownership directly or through other entities of more than 50% of all beneficial equity interest in such Person, or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, through the ownership of voting securities, by contract or otherwise. “Covenant Agreement” means that certain Construction Loan Covenant Agreement of even date herewith, between CNF and Borrower, pursuant to which the Borrower Loan will be advanced to the Borrower and setting forth certain provisions relating to disbursement of the Borrower Loan during construction, insurance and other representations, warranties and covenants with r espect to the Borrower Loan, as such agreement may be amended, modified, supplemented and replaced from time to time. “Deed of Trust” shall mean the Construction Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing of even date herewith, made by the Borrower for the benefit of the Lender securing the Borrower Loan, as amended, restated and/or supplemented from time to time. “Default” shall mean the occurrence of an event, which, under any Funding Loan Document, would, but for the giving of notice or passage of time, or both, be an event of default under the applicable Funding Loan Document or a Borrower Loan Agreement Default. “Event of Default” shall have the meaning ascribed thereto in Section 9.1 hereof. “Fiscal Agent’s Fees” means the ongoing annual compensation and expenses of the Fiscal Agent payable semi-annually in arrears on each [___________] and [__________], in an amount equal to $________ per annum. 5 4923-1763-8226v4/200936-0009 “Funding Loan Documents” shall mean (i) this Funding Loan Agreement, (ii) the Borrower Loan Agreement, (iii) the Regulatory Agreement, (iv) the Tax Certificate, (v) the Borrower Loan Documents, (vi) all other documents evidencing, securing, governing or otherwise pertaining to the Funding Loan, and (vii) all as amended, modified, supplemented or replaced from time to time. “Governmental Lender Notes” shall mean, collectively, the Tax Exempt Governmental Lender Note and the Taxable Governmental Lender Note. “Initial Advance” shall mean the initial advance of funds by the Government al Lender to the Borrower under the Borrower Loan Agreement in the amount of $__________. “Maturity Date” shall mean _________ 1, 20__. “Maximum Rate” shall mean the lesser of (i) 12% per annum and (ii) the maximum interest rate that may be paid on the Funding Loan under State law. “Minimum Beneficial Ownership Amount” shall mean $250,000 or the full outstanding principal amount of the Funding Loan, if such principal amount is less than $250,000 or the full outstanding principal amount of the respective share of the Tax Exempt Portion and the Taxable Portion of the Funding Loan, if such respective principal amount of the Tax Exempt Portion and the Taxable Portion of the Funding Loan is less than $250,000. “Noteowner” or “owner of the Governmental Lender Note” means the owner, or as applicable, collectively the owners, of the Governmental Lender Notes as shown on the registration books maintained by the Funding Lender pursuant to Section 2.4(d). “Ongoing Governmental Lender Fee” means the annual fees due to Governmental Lender pursuant to Section 20 of the Regulatory Agreement. “Opinion of Counsel” shall mean a written opinion from an attorney or firm of attorneys, acceptable to the Funding Lender and the Governmental Lender with experience in the matters to be covered in the opinion; provided that whenever an Opinion of Counsel is required to address the exclusion of interest on the Tax Exempt Governmental Lender Note from gross income for purposes of federal income taxation, such opinion shall be provided by T ax Counsel. “Person” shall mean any individual, corporation, limited liability company, partnership, joint venture, estate, trust, unincorporated association, any federal, state, county or municipal government or any bureau, department or agency thereof and any fiduciary acting in such capacity on behalf of any of the foregoing. “Pledged Revenues” shall mean the amounts pledged under this Funding Loan Agreement to the payment of the principal of, prepayment premium, if any, and interest on the Funding Loan and the Governmental Lender Notes, consisting of the following: (i) all income, revenues, proceeds and other amounts to which the Governmental Lender is entitled (other than amounts received by the Governmental Lender with respect to the Unassigned Rights) derived from or in connection with the Project and the Funding Loan Documents, including all Borrower Loan Payments due under the Borrower Loan Agreement and the Borrower Notes, payments with respect to the Borrower Loan Payments and all amounts obtained through the exercise of the remedies provided in the Funding Loan Documents and all receipts credited under the provisions of this Funding Loan Agreement against said 6 4923-1763-8226v4/200936-0009 amounts payable, and (ii) moneys held in the funds and accounts established under this Funding Loan Agreement, together with investment earnings thereon. Notwithstanding the foregoing, “Pledged Revenues” shall not include amounts payable by the Borrower to the Gove rnmental Lender pursuant to Sections 2.5, 4.9, 4.10, 4.11, 4.16 or 7.8 of the Borrower Loan Agreement. “Project” shall mean real property and improvements thereon commonly known as the Riverhouse Hotel multifamily housing project located at 700 Alhambra Avenue in the City of Martinez. “Regulations” shall mean with respect to the Code, the relevant U.S. Treasury regulations and proposed regulations thereunder or any relevant successor provision to such regulations and proposed regulations. “Regulatory Agreement” shall mean that certain Regulatory Agreement and Declaration of Covenants and Restrictions dated _________ 1, 2025, by and between Borrower and Governmental Lender, as amended, modified, supplemented or replaced from time to time. “Required Transferee Representations” shall mean the representations in substantially the form attached to this Funding Loan Agreement as Exhibit B. “Requisition” shall have the meaning given it in Section 7.6(c). “Resolution” shall mean the resolution of the Governmental Lender authorizing the Funding Loan and the execution and delivery of the Funding Loan Documents to which the Governmental Lender is a party. “Responsible Officer” means, when used with respect to the Trustee, any corporate trust officer or assistant corporate trust officer or any other officer of the Trustee within its corporate trust department customarily performing functions similar to those performed by any of the above designated officers, and also means, with respect to a particular corporate trust matter, any officer to whom such matter is referred because of such person’s knowledge of and familiarity with the particular subject. “Securities Act” shall mean the Securities Act of 1933, as amended. “Security” shall mean the security for the performance by the Governmental Lender of its obligations under the Governmental Lender Notes and this Funding Loan Agreement as more fully set forth in Article IV hereof. “State” shall mean the State of California. “Taxable Borrower Note” shall have the meaning set forth in the Borrower Loan Agreement. “Taxable Governmental Lender Note” shall mean the Governmental Lender’s Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B (Taxable) dated as of the Closing Date (defined below) evidencing its obligation to make the payments due to the Funding Lender under the Funding Loan as provided in this Funding Loan Agreement and all amendments, modifications, renewals and substitutions thereby. 7 4923-1763-8226v4/200936-0009 “Taxable Portion of the Borrower Loan” shall have the meaning set forth in the Borrower Loan Agreement. “Taxable Portion of the Funding Loan” shall mean the portion of the Funding Loan evidenced by the Taxable Governmental Lender Note. “Tax Certificate” shall mean the Tax Certificate, dated the Closing Date, executed and delivered by the Governmental Lender and the Borrower, as such agreement may be amended, modified, supplemented and replaced from time to time. “Tax Counsel” shall mean (a) Stradling Yocca Carlson & Rauth LLP; or (b) any other attorney or firm of attorneys designated by the Governmental Lender and approved by the Funding Lender having a national reputation for skill in connection with the authorization and issuance of municipal obligations under Sections 103 and 141 through 150 (or any successor provisions) of the Code. “Tax Counsel Approving Opinion” shall mean an opinion of Tax Counsel substantially to the effect that Governmental Lender is duly organized and validly existing, the due execution and delivery by the Governmental Lender of the Funding Loan Documents to which the Governmental Lender is a party, the Funding Loan Agreement, the Borrower Loan Agreement and the Governmental Lender Notes constitute the valid and binding obligation of the Governmental Lender enforceable against the Governmental Lender in accordance with their respective terms and that, under existing statutes, regulations published rulings and judicial decisions, the interest on the Tax Exempt Governmental Lender Note is excludable from gross income for federal income tax purposes (subject to the inclusion of such customary exceptions as are acceptable to the recipient thereof). “Tax Counsel No Adverse Effect Opinion” shall mean an opinion of Tax Counsel substantially to the effect that the taking of the action specified therein will not, in and of itself, adversely affect any exclusion of interest on the Tax Exempt Governmental Lender Note from gross income for purposes of federal income taxation (subject to the inclusion of such customary exceptions as are acceptable to the recipient thereof). “Tax Credit Investor” shall mean MCC Housing LLC, a California limited liability company, and its affiliates, successors and assigns. “Tax Exempt Borrower Note” shall have the meaning set forth in the Borrower Loan Agreement. “Tax Exempt Governmental Lender Note” shall mean the Governmental Lender’s Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax Exempt) dated as of the Closing Date (defined below) evidencing its obligation to make the payments due to the Funding Lender under t he Funding Loan as provided in this Funding Loan Agreement and all amendments, modifications, renewals and substitutions thereby. “Tax Exempt Portion of the Borrower Loan” shall have the meaning set forth in the Borrower Loan Agreement. “Tax Exempt Portion of the Funding Loan” shall mean the portion of the Funding Loan evidenced by the Tax Exempt Governmental Lender Note. “UCC” shall mean the Uniform Commercial Code as in effect in the State. 8 4923-1763-8226v4/200936-0009 “Unassigned Rights” shall mean the Governmental Lender’s rights (a) to reimbursement and payment of its fees, costs and expenses under Section 2.5 of the Borrower Loan Agreement and Section 20 of the Regulatory Agreement, (b) to indemnification under Section 4.11 of the Borrower Loan Agreement and Section 9 of the Regulatory Agreement, (c) to attorneys’ fees and other fees and expenses under Sections 4.9, 4.10, 4.11 and 7.8 of the Borrower Loan Agreement and Section 9 of the Regulatory Agreement, (d) to receive notices, reports and other statements and its rights to consent to certain matters, including but not limited to its right to consent to amendments to this Funding Loan Agreement, the Borrower Loan Agreement and the Regulatory Agreement, and otherwise as provided in this Funding Loan Agreement and the Borrower Loan Agreement, (e) to seek performance by the Borrower of its obligations under the Regulatory Agreement or the Tax Certificate, and (f) to seek performance of, and enforce, various tax covenants as described in Section 2.2(b)(i) of the Borrower Loan Agreement, including but not limited to those in Section 4.16 of the Borrower Loan Agreement. “Written Certificate,” “Written Certification, “Written Consent,” “Written Direction,” “Written Notice,” “Written Order,” “Written Request,” and “Written Requisition” shall mean a written certificate, direction, notice, order or requisition signed by an Authorized Borrower Representative, an Authorized Governmental Lender Representative or an authorized representative of the Funding Lender and delivered to the Funding Lender or such other Person as required under the Funding Loan Documents. “Yield” shall mean yield as defined in Section 148(h) of the Code and any regulations promulgated thereunder. 1.2 Effect of Headings and Table of Contents. The Article and Section headings herein and in the Table of Contents are for convenience only and shall not affect the construction hereof. 1.3 Date of Funding Loan Agreement. The date of this Funding Loan Agreement is intended as and for a date for the convenient identification of this Funding Loan Agreement and is not intended to indicate that this Funding Loan Agreement was executed and delivered on said date. 1.4 Interpretation. The parties hereto acknowledge that each of them and their respective counsel have participated in the drafting and revision of this Funding Loan Agreement. Accordingly, the parties agree that any rule of construction that disfavors the drafting party shall not apply in the interpretation of this Funding Loan Agreement or any amendment or supplement or exhibit hereto. ARTICLE II TERMS; GOVERNMENTAL LENDER NOTE 2.1 Terms. (a) Principal Amount. The total principal amount of the Funding Loan is hereby expressly limited to the Authorized Amount. (b) Draw-Down Funding. (i) The Funding Loan is originated on a draw-down basis. The Funding Lender and the Governmental Lender hereby authorize and direct the funding and disbursement by the Funding Lender of the initial principal amount of the Funding Loan in the 9 4923-1763-8226v4/200936-0009 amount of the Initial Advance on the Closing Date, subject to the satisfacti on of all the conditions specified in Section 6.1. On the date of execution and delivery of the Funding Loan Note, and the date of execution and delivery of the Borrower Note s, such initial proceeds of the Funding Loan shall be disbursed by the Funding Lender, on behalf of the Governmental Lender, to the escrow agent for the closing of the Borrower Loan to fund the Borrower Loan under and as provided in Section 2.7 of the Borrower Loan Agreement and Section 2 of the Disbursement Schedule attached to the Covenant Agreement. (ii) The Funding Lender and the Governmental Lender hereby authorize and direct the funding and disbursement of the remaining principal amount of the Funding Loan (not referenced in Section 2.1(b)(i) and (iv)) by the Funding Lender, on behalf of the Governmental Lender, from draws on the Governmental Lender Notes directly to the Fiscal Agent to fund the remaining principal of the Borrower Loan under and as provided in, and subject to the provisions of, Section 2.7 of the Borrower Loan Agreement and the Disbursement Schedule attached to the Covenant Agreement (other than Section 2 of the Disbursement Schedule). (iii) The Fiscal Agent shall keep a record of all principal advances and principal repayments made under the Funding Loan Note and shall upon written request provide the Governmental Lender and the Funding Lender with a statement of the outstanding principal balance of the Funding Loan Note and the Funding Loan. (iv) Prior to the Maturity Date, Funding Lender shall disburse directly to Funding Lender on the first Business Day of each month, the accrued interest under the Funding Loan and Funding Lender will provide Fiscal Agent with written notice of the amount disbursed pursuant to this Section 2.1(b)(iv). (v) None of the Funding Lender, the Governmental Lender, or the Fiscal Agent shall be responsible for the application by the Borrower of monies disbursed to the Borrower in accordance with this Section 2.1(b). (vi) Notwithstanding anything in this Funding Loan Agreement to the contrary, no additional amounts of the Tax Exempt Portion of the Funding Loan may be drawn down and funded hereunder after ____________, 20__; provided, however, that upon the delivery of a Tax Counsel No Adverse Effect Opinion to the Governmental Lender and the Funding Lender such date may be changed to a later date as specified in such Tax Counsel No Adverse Effect Opinion. (c) Origination Date; Maturity. The Funding Loan shall be originated on the Closing Date and (i) the Tax Exempt Portion of the Funding Loan shall mature on the Maturit y Date at which time the entire principal amount of the Tax Exempt Portion of the Funding Loan, to the extent not previously paid, and all accrued and unpaid interest, shall be due and payable, and (ii) the Taxable Portion of the Funding Loan shall mature on the Maturity Date at which time the entire principal amount of the Taxable Portion of the Funding Loan, to the extent not previously paid, and all accrued and unpaid interest, shall be due and payable. (d) Principal. The outstanding principal amount of the Tax Exempt Governmental Lender Note and of the Tax Exempt Portion of the Funding Loan as of any given date shall be the total amount advanced by the Funding Lender to or for the account of the Governmental Lender to fund 10 4923-1763-8226v4/200936-0009 corresponding advances with respect to the Tax Exempt Borrower Note under the Borrower Loan Agreement and the Covenant Agreement as proceeds of the Tax Exempt Portion of the Borrower Loan, less any payments of principal of the Tax Exempt Governmental Lender Note previously received upon payment of corresponding principal amounts under the Tax Exempt Borrower Note, including regularly scheduled principal payments and voluntary and mandatory prepayments. The outstanding principal amount of the Taxable Governmental Lender Note and of the Taxable Portion of the Funding Loan as of any given date shall be the total amount advanced by the Funding Lender to or for the account of the Governmental Lender to fund corresponding advances with respect to the Taxable Borrower Note under the Borrower Loan Agreement and the Covenant Agreement as proceeds of the Taxable Portion of the Borrower Loan, less any payments of principal of the Taxable Governmental Lender Note previously received upon payment of corresponding principal amounts under the Taxable Borrower Note, including regularly scheduled principal payments and voluntary and mandatory prepayments. The principal amount of the Governmental Lender Notes and interest thereon shall be payable on the basis specified in this paragraph (d) and in paragraphs (e) and (f) of this Section. The Funding Lender shall keep a record of all principal advances and principal repayments made under the Governmental Lender Notes and shall upon written request provide the Governmental Lender with a statement of the outstanding principal balances of the Governmental Lender Note s and the Funding Loan. (e) Interest. Interest shall be paid on the outstanding principal amount of the Tax Exempt Governmental Lender Note at the rate or rates set forth in the Tax Exempt Borrower Note and otherwise as set forth in the Borrower Loan Agreement. Interest shall be paid on the outstanding principal amount of the Taxable Governmental Lender Note at the rate or rates set forth in the Taxable Borrower Note and otherwise as set forth in the Borrower Loan Agreement. (f) Corresponding Payments. The payment or prepayment of principal, interest and premium, if any, due on the Tax Exempt Governmental Lender Note shall be identical with and shall be made on the same dates, terms and conditions, as the principal, interest, premiums, late payment fees and other amounts due on the Tax Exempt Borrower Note. Any payment or prepayment made by the Borrower of principal, interest, premium, if any, due on the Tax Exempt Borrow er Note shall be deemed to be like payments or prepayments of principal, interest and premium, if any, due on the Tax Exempt Governmental Lender Note. The payment or prepayment of principal, interest and premium, if any, due on the Taxable Governmental Le nder Note shall be identical with and shall be made on the same dates, terms and conditions, as the principal, interest, premiums, late payment fees and other amounts due on the Taxable Borrower Note. Any payment or prepayment made by the Borrower of principal, interest, premium, if any, due on the Taxable Borrower Note shall be deemed to be like payments or prepayments of principal, interest and premium, if any, due on the Taxable Governmental Lender Note. (g) Usury. The Governmental Lender intends to conform strictly to the usury laws applicable to this Funding Loan Agreement and the Governmental Lender Note s and all agreements made in the Governmental Lender Notes, this Funding Loan Agreement and the Funding Loan Documents are expressly limited so that in n o event whatsoever shall the amount paid or agreed to be paid as interest or the amounts paid for the use of money advanced or to be advanced hereunder exceed the highest lawful rate prescribed under any law which a court of competent jurisdiction may deem applicable hereto. If, from any circumstances whatsoever, the fulfillment of any provision of the Governmental Lender Notes, this Funding Loan Agreement or the other Funding Loan Documents shall involve the payment of interest in excess of the limit pres cribed by any law which a court of competent jurisdiction may deem applicable hereto, then the obligation to pay interest hereunder shall 11 4923-1763-8226v4/200936-0009 be reduced to the maximum limit prescribed by law. If from any circumstances whatsoever, the Funding Lender shall ever receive anything of value deemed interest, the amount of which would exceed the highest lawful rate, such amount as would be excessive interest shall be deemed to have been applied, as of the date of receipt by the Funding Lender, to the reduction of the principal remaining unpaid hereunder and not to the payment of interest, or if such excessive interest exceeds the unpaid principal balance, such excess shall be refunded to the Borrower. This paragraph shall control every other provision of the Governmental Lender Notes, this Funding Loan Agreement and all other Funding Loan Documents. In determining whether the amount of interest charged and paid might otherwise exceed the limit prescribed by law, the Governmental Lender intends and agrees that (i) interest shall be computed upon the assumption that payments under the Borrower Loan Agreement and other Funding Loan Documents will be paid according to the agreed terms, and (ii ) any sums of money that are taken into account in the calculation of interest, even though paid at one time, shall be spread over the actual term of the Funding Loan. 2.2 Form of Governmental Lender Notes. As evidence of its obligation to repay the Funding Loan, simultaneously with the delivery of this Funding Loan Agreement to the Fund ing Lender, the Governmental Lender hereby agrees to execute and deliver the Governmental Lender Notes. The Governmental Lender Notes shall be substantially in the form set forth in Exhibit “A” attached hereto, with such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Funding Loan Agreement. 2.3 Execution and Delivery of Governmental Lender Note s. The Governmental Lender Notes shall be executed on behalf of the Governmental Lender by the manual signat ure of an Authorized Governmental Lender Representative. The signatures of individuals who were the proper officers of the Governmental Lender at the time of execution shall bind the Governmental Lender, notwithstanding that such individuals or any of them shall have ceased to hold such offices prior to the delivery of the Governmental Lender Notes or shall not have held such offices at the date of the Governmental Lender Notes. 2.4 Required Transferee Representations; Participations; Sale and Assignment . (a) The Funding Lender shall deliver to the Governmental Lender the Required Transferee Representations in substantially the form attached hereto as Exhibit “B” on the Closing Date. (b) The Funding Lender shall have the right to sell (i ) the Governmental Lender Notes and the Funding Loan in whole or (ii) any portion of or participation interests in the Governmental Lender Notes and the Funding Loan, to the extent permitted by Section 2.4(c) below, provided that such sale shall be only to purchasers that are Approved Transferees and that execute and deliver to the Funding Lender, with a copy to the Governmental Lender, the Required Transferee Representations provided, however, that no Required Transferee Representations shall be required to be delivered by transferees or beneficial interest holders described in clauses (5) or (6) of the definition of “Approved Transferee.” (c) Notwithstanding the other provisions of this Section, no beneficial ownership interest in the Governmental Lender Notes and the Funding Loan shall be sold in an amount that is less than the Minimum Beneficial Ownership Amount provided, however, that beneficial ownership interests in the Governmental Lender Notes and Funding Loan described in clause (5) of the definition 12 4923-1763-8226v4/200936-0009 of “Approved Transferee” may be sold in any amount without regard to the Minimum Beneficial Ownership Amount. (d) No service charge shall be made for any sale or assignment of the Governmental Lender Notes and the Funding Loan or any participation interest in the Governmental Lender Notes and the Funding Loan, but in each case the Governmental Lender may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any such sale or assignment. Such sums shall be paid in every inst ance by the applicable purchaser or assignee of the Governmental Lender Notes and the Funding Loan or participation interest therein. The Governmental Lender Notes shall be in fully-registered form transferable to a subsequent Noteowner, subject to the foregoing limitations, only on the registration books for the Governmental Lender Note which shall be maintained by the Funding Lender for such purpose consistent with the registration requirements of the Code applicable to tax-exempt obligations, and which shall be open to inspection by the Governmental Lender. The Governmental Lender Notes shall not be transferred through the services of the Depository Trust Company or any other third party registrar. (e) The parties agree that no rating shall be sought from a rating agency with respect to the Funding Loan or the Governmental Lender Notes. ARTICLE III PREPAYMENT 3.1 Prepayment of the Governmental Lender Notes From Prepayment under the Borrower Notes. The Governmental Lender Notes are subject to voluntary and mandatory prepayment as follows: (a) The Tax Exempt Governmental Lender Note shall be subject to voluntary prepayment in full or in part by the Governmental Lender, from funds of the Governmental Lender received by the Governmental Lender to the extent and in the manner and on any date that the Tax Exempt Borrower Note is subject to voluntary prepayment as set forth therein, at a prepayment price equal to the principal balance of the Tax Exempt Borrower Note to be prepaid, plus interest thereon to the date of prepayment and the amount of any prepayment premium payable under the Tax Exempt Borrower Note, plus any Additional Borrower Payments due and payable under the Borrower Loan Agreement through the date of prepayment. The Taxable Governmental Lender Note shall be subject to voluntary prepayment in full or in part by the Governmental Lender, from funds of the Governmental Lender received by the Governmental Lender to the extent and in the manner and on any date that the Taxable Borrower Note is subject to voluntary prepayment as set forth therein, at a prepayment price equal to the principal balance of the Taxable Borrower Note to be prepaid, plus interest thereon to the date of prepayment and the amount of any prepayment premium payable under the Taxable Borrower Note, plus any Additional Borrower Payments due and payable under the Borrower Loan Agreement through the date of prepayment. The Borrower shall not have the right to voluntarily prepay all or any portion of the Borrower Notes, thereby causing the Governmental Lender Notes to be prepaid, except as specifically permitted in the Borrower Notes, without the prior written consent of Funding Lender, which may be withheld in Funding Lender’s sole and absolute discretion. 13 4923-1763-8226v4/200936-0009 (b) The Tax Exempt Governmental Lender Note shall be subject to mandatory prepayment in whole or in part upon prepayment of the Tax Exempt Borrower Note at the direction of the Funding Lender in accordance with the terms of the Tax Exempt Borrower Note, at a prepayment price equal to the outstanding principal ba lance of the Tax Exempt Borrower Note prepaid, plus accrued interest plus any other amounts payable under the Tax Exempt Borrower Note or the Borrower Loan Agreement. The Taxable Governmental Lender Note shall be subject to mandatory prepayment in whole or in part upon prepayment of the Taxable Borrower Note at the direction of the Funding Lender in accordance with the terms of the Taxable Borrower Note, at a prepayment price equal to the outstanding principal balance of the Taxable Borrower Note prepaid, plus accrued interest plus any other amounts payable under the Taxable Borrower Note or the Borrower Loan Agreement. 3.2 Notice of Prepayment. Notice of prepayment of the Governmental Lender Notes shall be deemed given to the extent that notice of prepayment of the Borrower Notes is timely and properly given to Funding Lender in accordance with the terms of the Borrower Note s and the Borrower Loan Agreement, and no separate notice of prepayment of the Governmental Lender Note s is required to be given. ARTICLE IV SECURITY 4.1 Security for the Funding Loan. To secure the payment of the Funding Loan and the Governmental Lender Notes, to declare the terms and conditions on which the Funding Loan and the Governmental Lender Notes are secured, and in consideration of the terms and provisions of this Funding Loan Agreement and of the funding of the Funding Loan by the Funding Lender, the Governmental Lender does hereby grant, bargain, sell, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, set over and confirm to the Funding Lender (except as limited herein), a lien on and security interest in the following described property (excepting, however, in each case, the Unassigned Rights and amounts excluded from the definition of Pledged Revenues) (said property, rights and privileges being herein collectively called, the “Security”): (a) All right, title and interest of the Governmental Lender in, to and under the Borrower Loan Agreement and the Borrower Notes, including, without limitation, all rents, revenues and receipts derived by the Governmental Lender from the Borrower relating to the Project and including, without limitation, all Pledged Revenues, Borrower Loan Payments and Additional Borrower Payments derived by the Governmental Lender under and pursuant to, and subject to the provisions of, the Borrower Loan Agreement; provided that the pledge and assignment made under this Funding Loan Agreement shall not impair or diminish the obligations of the Governmental Lender under the provisions of the Borrower Loan Agreement; (b) All right, title and interest of the Governmental Lender in, to and under, together with all rights, remedies, privileges and options pertaining to, the Funding Loan Documents, and all other payments, revenues and receipts derived by the Governmental Lender under and pursuant to, and subject to the provisions of, the Funding Loan Documents; (c) Any and all moneys and investments from time to time on deposit in, or forming a part of, all funds and accounts created and held under this Funding Loan Agreement and any amounts held at any time in the Note Payment Fund, Project Fund, Expense Fund, and Rebate Fund, the Borrower’s Funds Account established and maintained under the Covenant Agreement, and any 14 4923-1763-8226v4/200936-0009 other funds or accounts established under the Fundi ng Loan Documents, subject to the provisions of this Funding Loan Agreement permitting the application thereof for the purposes and on the terms and conditions set forth herein; and (d) Any and all other real or personal property of every kind and nature or description, which may from time to time hereafter, by delivery or by writing of any kind, be subjected to the lien of this Funding Loan Agreement as additional security by the Governmental Lender or anyone on its part or with its consent, or which pursuant to any of the provisions hereof or of the Borrower Loan Agreement may come into the possession or control of the Funding Lender or a receiver appointed pursuant to this Funding Loan Agreement; and the Funding Lender is hereby authorized to receive any and all such property as and for additional security for the Funding Loan and the Governmental Lender Notes and to hold and apply all such property subject to the terms hereof. The pledge and assignment of and the security interest granted in the Security purs uant to this Section for the payment of the principal of, premium, if any, and interest on the Governmental Lender Notes, in accordance with its terms and provisions, and for the payment of all other amounts due hereunder, shall attach and be valid and binding from and after the time of the delivery of the Governmental Lender Notes by the Governmental Lender. The Security so pledged and then or thereafter received by the Governmental Lender or the Funding Lender shall immediately be subject to the lien of such pledge and security interest without any physical delivery or recording thereof or further act, and the lien of such pledge and security interest shall be valid and binding and prior to the claims of any and all parties having claims of any kind in to rt, contract or otherwise against the Governmental Lender irrespective of whether such parties have notice thereof. 4.2 Delivery of Security. To provide security for the payment of the Funding Loan and the Governmental Lender Notes, the Governmental Lender has pledged and assigned to secure payment of the Funding Loan and the Governmental Lender Notes its right, title and interest in the Security to the Funding Lender. In connection with such pledge, assignment, transfer and conveyance, there shall be delivered to the Funding Lender, by or at the direction of the Borrower, the following documents or instruments promptly following their execution and, to the extent applicable, their recording or filing: (a) The Borrower Notes endorsed without recourse to the Funding Lender by the Governmental Lender; (b) The originally executed Borrower Loan Agreement and Regulatory Agreement; (c) The originally executed Deed of Trust and all other Borrower Loan Documents existing at the time of delivery of the Borrower Notes and the Assignment of Deed of Trust in a form provided by the Funding Lender; (d) Uniform Commercial Code financing statements or other chattel security documents giving notice of the Funding Lender’s status as an assignee of the Governmental Lender’s security interest in any personal property forming part of the Project, in a form provided by the Funding Lender; and 15 4923-1763-8226v4/200936-0009 (e) Uniform Commercial Code financing statements, in forms provided by the Funding Lender, giving notice of the pledge by the Governmental Lender of the Security pledged under this Funding Loan Agreement. The Governmental Lender shall deliver and deposit with the Funding Lender such additional documents, financing statements, and instruments as the Funding Lender may reasonably request in writing from time to time for the better perfecting and assuring to the Funding Lender of its lien and security interest in and to the Security including without limitation, at the request of the Funding Lender, in each case at the expense of the Borrower. ARTICLE V LIMITED LIABILITY 5.1 Source of Payment of Funding Loan and Other Obligations. Pursuant to the Act, the Funding Loan and the Governmental Lender Notes are limited obligations of the Governmental Lender, payable solely from the Pledged Revenues and other funds and the Security pledged and assigned hereunder notwithstanding the provisions of any other law or statute. NONE OF THE GOVERNMENTAL LENDER, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT THE GOVERNMENTAL LENDER, TO THE LIMITED EXTENT SET FORTH HEREIN), SHALL IN ANY EVENT BE LIABLE FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM (IF ANY) OR INTEREST ON THE FUNDING LOAN OR THE GOVERNMENTAL LENDER NOTES OR FOR THE PERFORMANCE OF ANY PLEDGE, OBLIGATION OR AGREEMENT OF ANY KIND WHATSOEVER WITH RESPECT THERETO EXCEPT AS SET FORTH HEREIN, AND NONE OF THE FUNDING LOAN OR THE GOVERNMENTAL LENDER NOTES OR ANY OF THE GOVERNMENTAL LENDER’S AGREEMENTS OR OBLIGATIONS WITH RESPECT TO THE FUNDING LOAN, THE GOVERNMENTAL LENDER NOTES, OR HEREUNDER, SHALL BE CONSTRUED TO CONSTITUTE AN INDEBTEDNESS OF OR A PLEDGE OF THE FAITH AND CREDIT OF OR A LOAN OF THE CREDIT OF OR A MORAL OBLIGATION OF ANY OF THE FOREGOING WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION WHATSOEVER. THE GOVERNMENTAL LENDER HAS NO TAXING POWER. The Governmental Lender shall not be liable for payment of the principal of, redemption price or interest on the Governmental Lender Notes or any other costs, expenses, losses, damages, claims or actions of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Funding Loan Agreement, the Governmental Lender Notes or any other documents, except only to the extent amounts are received for the payment thereof from the Borrower under the Borrower Loan Agreement. 5.2 Exempt From Individual Liability. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future member of the Governing Board, officer, director, employee or agent of the Governmental Lender in his ind ividual capacity, and none of the members of the Governing Board, the officers, directors, employees or agents of the Governmental Lender executing the Governmental Lender Note s or this Funding Loan Agreement shall be liable personally on the Governmental Lender Notes or under this Funding Loan Agreement or be subject to any personal liability or accountability by reason of the issuance of the Governmental Lender Notes or the execution of this Funding Loan Agreement. 16 4923-1763-8226v4/200936-0009 ARTICLE VI CLOSING CONDITIONS; APPLICATION OF FUNDS 6.1 Conditions Precedent to Closing. Closing of the Funding Loan on the Closing Date shall be conditioned upon satisfaction or waiver by the Funding Lender in its sole discretion of each of the conditions precedent to closing set forth in this Funding Loan Agreement (other than the requirements in clauses (g) and (h) as applicable to deliverables to the Governmental Lender, or the requirements in clauses (e) and (i) below, each of which may only be waived by the Governmental Lender), including but not limited to the following: (a) Receipt by the Funding Lender of the original Governmental Lender Note s; (b) Receipt by the Funding Lender of the original executed Borrower Notes, endorsed without recourse to the Funding Lender by the Governmental Lender to the Funding Lender; (c) Receipt by the Funding Lender of executed counterpart copies of this Funding Loan Agreement, the Borrower Loan Agreement, the Covenant Agreement, the Regulatory Agreement, the Tax Certificate and the Deed of Trust; (d) A certified copy of the Resolution; (e) An executed Required Transferee Representations from the Funding Lender; (f) Delivery into escrow of all amounts required to be paid in connection with the origination of the Borrower Loan and the Funding Loan and any underlying real estate transfers or transactions, including the Costs of Funding Deposit, as described and in accordance with Section 2.3(c)(ii) of the Borrower Loan Agreement; (g) Receipt by the Governmental Lender of a Tax Counsel Approving Opinion accompanied by a reliance letter to the Funding Lender; (h) Delivery of an opinion of counsel to the Borrower addressed to the Governmental Lender and the Funding Lender to the effect that the Borrower Loan Documents and the Regulatory Agreement are valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their terms, subject to such exceptions and qualifications as are acceptable to the Governmental Lender; (i) The Governmental Lender shall have made the Initial Advance; and (j) Receipt by the Funding Lender of any other documents or opinions that the Funding Lender, Tax Counsel or counsel to the Fiscal Agent may require in connection with the closing. ARTICLE VII FUNDS AND ACCOUNTS 7.1 Authorization to Create Funds and Accounts. Except as provided in Section 7.3 hereof, no funds or accounts shall be established in connection with the Funding Loan at the time of closing 17 4923-1763-8226v4/200936-0009 and origination of the Funding Loan. The Funding Lender and Fiscal Agent are authorized to establish and create from time to time such other funds and accounts or subaccounts as may be necessary for the deposit of moneys (including, without limitation, insurance proceeds and/or condemnation awards), if any, received by the Governmental Lender, the Funding Lender or the Fiscal Agent, pursuant to the terms hereof or any of the other Funding Loan Documents and not immediately transferred or disbursed pursuant to the terms of the Funding Loan Documents and/or the Borrower Loan Documents. 7.2 Investment of Funds. Amounts held in any funds or accounts created under this Funding Loan Agreement shall be deposited in a deposit account, savings account or money market account with Fiscal Agent at the direction of the Borrower, subject in all cases to the restrictions of Section 7.7 hereof and of the Tax Certificate. In the absence of such written instructions, funds shall be held uninvested. The Fiscal Agent shall have no responsibility or liability for any loss which may result from any investment or sale of investment made pursuant to this Funding Loan Agreement. The Fiscal Agent is hereby authorized, in making or disposing of any investment permitted by this Funding Loan Agreement, to deal with itself (in its individual capacity) or with any one or more of its affiliates, whether it or any such affiliate is acting as agent of the Fiscal Agent or for any third person or dealing as principal for its own account. The Governmental Lender, the Funding Lender and the Borrower (by its execution of the Borrower Loan Agreement) acknowledge that the Fiscal Agent is not providing investment supervision, recommendations, or advice. 7.3 Establishment of Funds. There are established with the Fiscal Agent the following funds and accounts: (a) The Note Payment Fund; (b) The Project Fund; (c) The Expense Fund; and (d) The Rebate Fund. All money required to be deposited with or paid to the Fiscal Agent for the account of any of the funds or accounts created by this Funding Loan Agreement shall be held by the Fiscal Agent in trust for the benefit of the Funding Lender, and, except for money held in the Expense Fund or the Rebate Fund, shall, while held by the Fiscal Agent, be subject to the lien hereof. 7.4 Note Payment Fund. (a) The Governmental Lender and the Borrower shall have no interest in the Note Payment Fund or the moneys therein, which shall always be maintained by the Fi scal Agent completely separate and segregated from all other moneys held hereunder and from any other moneys of the Governmental Lender and the Borrower. (b) The Fiscal Agent shall deposit into the Note Payment Fund any amounts received from the Borrower as payments of principal of or premium or interest on the Borrower Loan and any other amounts received by the Fiscal Agent that are subject to the lien and pledge of this Funding Loan Agreement, funds pledged to Funding Lender hereunder not required to be deposited to the Expense Fund or not otherwise specifically directed in writing to be deposited into other funds created by this Funding Loan Agreement. 18 4923-1763-8226v4/200936-0009 (c) The Fiscal Agent shall apply all amounts on deposit in the Note Payment Fund in the following order of priority: First, to pay or provide for the payment of the interest then due on the Funding Loan; Second, to pay or provide for the payment or the prepayment of principal on the Funding Loan, provided moneys have been transferred or deposited into the Note Payme nt Fund for such purpose; and Third, to pay or provide for the payment of the Funding Loan on the Maturity Date. 7.5 Expense Fund. (a) The Fiscal Agent shall deposit in the Expense Fund the amounts required by the Regulatory Agreement or the Borrower Loan Agreement to be paid by the Borrower to the Governmental Lender or the Fiscal Agent. Amounts on deposit in the Expense Fund shall be used to pay the fees and expenses of the Governmental Lender and the Fiscal Agent, as and when the same become due. In that regard, moneys in the Expense Fund shall be withdrawn or maintained, as appropriate, by the Fiscal Agent to pay (i) the Ongoing Governmental Lender Fee pursuant to Section 22 of the Regulatory Agreement to the Government Lender as and when due, (ii ) the Fiscal Agent amounts due pursuant to the definition of Fiscal Agent’s Fees herein, (iii ) upon receipt, to the Fiscal Agent, any amounts due to the Fiscal Agent which have not been paid, other than amounts paid in accordance with clause (ii) hereof, and (iv) upon receipt, to, or at the direction of, the Governmental Lender, any amounts owing the Governmental Lender by the Borrower and then due and unpaid, other than amounts paid in accordance with clause (i) hereof. (b) In the event that the amounts on deposit in the Expense Fund are not equal to the amounts payable from the Expense Fund as provided in Section 7.5(a) on any date on which such amounts are due and payable, the Fiscal Agent shall give notice to the Borrower of such deficiency. (c) and of the amount of such deficiency and request payment within two Business Days to the Fiscal Agent of the amount of such deficiency. (d) Written notice of any insufficiency, which results in the Governmental Lender not receiving the Ongoing Governmental Lender Fee on the applicab le due date, shall be provided by the Fiscal Agent to the Governmental Lender (with a copy to the Borrower and the Funding Lender) within 10 days of the respective due date. Upon payment by the Borrower of such deficiency, the amounts for which such deficiency was requested shall be paid by the Fiscal Agent to the Governmental Lender. (e) Notwithstanding anything herein to the contrary, the Fiscal Agent, on behalf of the Governmental Lender, shall prepare and submit a written invoice to the Borrower for payment of the Ongoing Governmental Lender Fee not later than 30 days prior to the due date for payment of such the Ongoing Governmental Lender Fee, and shall remit moneys received by the Fiscal Agent to the Governmental Lender for payment of such fee. 7.6 Project Fund. (a) All proceeds of the Funding Loan provided by the Funding Lender shall be deposited to the Project Fund and disbursed as herein provided. The Fiscal Agent shall use moneys in 19 4923-1763-8226v4/200936-0009 the Project Fund for the acquisition, rehabilitation and equipping of the Project, to pay other permitted development costs and to pay other costs related to the Project as provided herein. (b) Not less than 97% of the moneys deposited in and credited to the Project Fund, representing the proceeds of the Tax Exempt Portion of the Funding Loan, including any income earned thereon, will be expended for Qualified Project Costs (as defined in the Regulatory Agreement) (the “97% Requirement”). The amounts on deposit in the Project Fund representing the Tax Exempt Portion of the Funding Loan shall not be applied to the payment of costs of issuance of the Governmental Lender Notes. (c) Before any payment representing Tax Exempt Governmental Lender Note proceeds shall be made from the Project Fund, the Regulatory Agreement and the Deed of Trust s hall have been executed and recorded in the official records of the County of Orange and there shall be filed with the Fiscal Agent a written requisition of the Borrower substantially in the form attached hereto as Exhibit “C” (“Requisition”) and approved by the Funding Lender pursuant to the terms, conditions and provisions of the Borrower Loan Agreement, with a copy to the Governmental Lender. The Fiscal Agent shall be entitled to conclusively rely upon any Requisition in determining whether to disburse amounts from the Project Fund. (d) In connection with a Requisition, except for a written request for amounts representing accrued interest due and payable on the Governmental Lender Notes: (1) Only the signature of the Funding Lender shall be required on a Requisition during any period in which an Event of Default by the Borrower has occurred and is then continuing under the Borrower Loan Agreement (notice of which default has been given in writing by the Funding Lender to the Fiscal Agent and the Governmental Lend er, and the Fiscal Agent shall be entitled to conclusively rely on any such written notice as to the occurrence and continuation of such a default). (2) The Fiscal Agent shall disburse amounts in the Project Fund upon receipt of a Requisition signed only by the Funding Lender (and without any need for any signature by an Authorized Borrower Representative), so long as the amount to be disbursed is to be used solely to make payments of principal, interest and/or fees due under the Funding Loan Documents. (3) The Fiscal Agent may conclusively rely on all Requisitions, the execution of the Requisitions by the Borrower and the approval of all Requisitions by the Funding Lender, as required by this Section, as conditions of payment from the Project Fund, which Requisitions constitute, as to the Fiscal Agent, irrevocable determinations that all conditions to payment of the specified amounts from the Project Fund have been satisfied. These documents shall be retained by the Fiscal Agent, subject at all reasonable times to e xamination by the Borrower, the Governmental Lender, the Funding Lender and the agents and representatives thereof upon reasonable notice to the Fiscal Agent. The Fiscal Agent is not required to inspect the Project or the work of improvement or to make any independent investigation with respect to the matters set forth in any Requisition or other statements, orders, certifications and approvals received by the Fiscal Agent. The Fiscal Agent is not required to obtain completion bonds, lien releases or otherwise supervise the acquisition, rehabilitation, equipping, improvement and installation of the Project. (e) Upon receipt of each Requisition submitted by the Borrower and approved in writing by the Funding Lender, the Fiscal Agent shall promptly, but in any cas e within three Business 20 4923-1763-8226v4/200936-0009 Days, make payment from the appropriate account within the Project Fund in accordance with such Requisition. The Fiscal Agent shall have no duty to determine whether any requested disbursement from the Project Fund complies with the terms, conditions and provisions of the Funding Loan Documents, constitutes payment of Qualified Project Costs or complies with the 97% Requirement. The approval in writing of a Requisition by the Funding Lender shall be deemed a certification and, insofar as the Fiscal Agent and the Governmental Lender are concerned, shall constitute conclusive evidence that all of the terms, conditions and requirements of the Funding Loan Documents applicable to such disbursement have been fully satisfied or waived and the Requisition from the Borrower shall, insofar as the Fiscal Agent and the Governmental Lender are concerned, constitute conclusive evidence that the costs described in the Requisition constitute Qualified Project Costs or other permitted Project costs. (f) The Fiscal Agent shall immediately provide written notice to the Borrower, the Funding Lender and the Governmental Lender if there are not sufficient funds available to or on deposit with the Fiscal Agent to make the transfers as and when required by Sectio n 9.6(e). Except as provided in the next sentence, all such payments shall be made by check or draft payable, or by wire transfer, either (i) directly to the person, firm or corporation to be paid, (ii ) to the Borrower and such person, firm or corporation, or (iii) upon receipt by the Funding Lender and the Governmental Lender of evidence that the Borrower has previously paid such amount and written direction to the Fiscal Agent as to such as evidenced by the Funding Lender’s approval of the Requisition, to the Borrower. Upon the occurrence of an Event of Default of the Borrower of which the Fiscal Agent has knowledge as provided herein, which is continuing under the Funding Loan Documents, with the written consent of the Funding Lender, the Fiscal Agent may apply amounts on deposit in the Project Fund to the payment of principal of and interest on the Funding Loan. If a Requisition signed by the Borrower Representative and countersigned by the Funding Lender is received by the Fiscal Agent, the requested disbursement shall be paid by the Fiscal Agent as soon as practicable, but in no event later than three Business Days following receipt thereof by the Fiscal Agent. Upon final disbursement of all amounts on deposit in the Project Fund, the Fiscal Agent shall close the Project Fund. (g) Immediately prior to any mandatory prepayment of the Funding Loan pursuant hereto, any amounts then remaining in the Project Fund shall, at the written direction of the Funding Lender, be applied to the prepayment of the Funding Loan pursuant hereto. (h) Investment income earned on amounts on deposit in the Project Fund shall be retained in and credited to and become a part of the amounts on deposit in that account of the Project Fund. (i) The Funding Lender shall disburse the Funding Loan directly to the Funding Lender to pay accrued interest due and payable on the Governmental Lender Notes and will provide written notice of the amount of such disbursement to the Fiscal Agent within three (3) Business Days of the disbursement. 7.7 Rebate Fund. The Fiscal Agent shall deposit or transfer to the credit of the Rebate Fund each amount delivered to the Fiscal Agent by the Borrower for deposit thereto and each amount directed by the Borrower to be transferred thereto. (a) Within 15 days after each receipt or transfer of funds to the Rebate Fund, the Fiscal Agent shall withdraw from the Rebate Fund and pay to the United States of America the entire balance of the Rebate Fund. 21 4923-1763-8226v4/200936-0009 (b) All payments to the United States of America pursuant to this Section shall be made by the Fiscal Agent for the account and in the name of the Governmental Lender and shall be paid through the United States mail (return receipt requested or overnight delivery), addressed to the appropriate Internal Revenue Service Center and accompanied by the appropriate Internal Revenue Service forms (such forms to be provided to the Fiscal Agent by the Borrower or the Rebate Analyst). (c) The Fiscal Agent shall preserve all statements, forms and explanations received from the Borrower and delivered to the Fiscal Agent and all records of transactions in the Rebate Fund until six years after the retirement of the Tax Exempt Governmental Lender Note. (d) The Fiscal Agent may conclusively rely on the instructions of the Borrower (based upon the report of the Rebate Analyst) with regard to any actions to be taken by it pursuant to this Section 7.7 and shall have no liability for any consequences of any failure of the Borrower or the Rebate Analyst to perform its duties or obligations or to supply accurate or sufficie nt instructions. Except as specifically provided in Subsection (b) above, the Fiscal Agent shall have no duty or responsibility with respect to the Rebate Fund or the Borrower’s duties and responsibilities with respect thereto except to follow the Borrower’s specific written instruction related thereto. (e) If at any time during the term of this Funding Loan Agreement the Governmental Lender, the Fiscal Agent or the Borrower desires to take any action which would otherwise be prohibited by the terms of this Section, such person shall be permitted to take such action if it shall first obtain and provide to the other persons named herein, an opinion of Tax Counsel that such action shall be in compliance with the laws of the State and the terms of this Funding Loan Agreement and will not impair the exclusion of interest on the Tax Exempt Portion of the Funding Loan from gross income for purposes of federal income taxation. (f) Moneys and securities held by the Fiscal Agent in the Rebate Fund shall not be deemed funds of the Governmental Lender and are not pledged or otherwise subject to any security interest in favor of the owners to secure the Governmental Lender Notes or any other obligations. (g) Moneys in the Rebate Fund may be separately invested and reinvested by the Fiscal Agent, at the request of and as directed in writing by the Borrower, subject to the Code. The Fiscal Agent shall sell and reduce to cash a sufficient amount of such investments whenever the cash balance in the Rebate Fund is insufficient for its purposes. (h) Notwithstanding anything to the contrary in this Funding Loan Agreement, no payment shall be made by the Fiscal Agent to the United States if the Borrower shall furnish to the Governmental Lender and the Fiscal Agent, an opinion of Tax Counsel to the effect that such payment is not required under Section 148(d) and (f) of the Code in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Tax Exempt Governmental Lender Note. In such event the Borrower shall be entitled to withdraw funds from the Rebate Fund to the extent the Borrower shall provide an opinion of Tax Counsel that such action will not impair the exclusion of interest on the Tax Exempt Portion of the Funding Loan from gross income for purposes of federal income taxation to the Governmental Lender and the Fiscal Agent with respect to such withdrawal. (i) The Fiscal Agent shall keep and make available to the Governmental Lender and the Borrower records concerning the investments of all funds held by the Fiscal Agent pursuant to the Funding Loan Agreement including date bought and sold, price and commission paid, and bids taken, if any, and shall keep all such records until six years after the date on which no Tax Exempt 22 4923-1763-8226v4/200936-0009 Governmental Lender Note is repaid in full in order to enable the Borrower to make the computations required under Section 148(f) of the Code. (j) Notwithstanding the foregoing, the computations and payments of rebate amounts referred to in this Section 7.7 need not be made to the extent that neither the Governmental Lender nor the Borrower will thereby fail to comply with any requirements of Section 148(f) of the Code based on an opinion of Tax Counsel that such action will not impair the excluding of interest on the Tax Exempt Portion of the Funding Loan from gross income for purposes of federal income taxation, a copy of which shall be provided to the Fiscal Agent. ARTICLE VIII REPRESENTATIONS AND COVENANTS 8.1 General Representations. The Governmental Lender makes the following representations as the basis for the undertakings on its part herein contained: (a) The Governmental Lender is a public body, corporate and politic, organized and existing under the laws of the State of California, and has the power and authority to (i ) enter into the Funding Loan Documents to which it is a party and undertake the transactions on its part contemplated thereby, (ii) incur the limited obligation represented by the Governmental Lender Note and the Funding Loan, and apply the proceeds of the Funding Loan to finance the Project, and (iii) carry out its other obligations under this Funding Loan Agreement and the Governmental Lender Note, and by proper action the Governmental Lender has duly authorized the Governmental Lender’s execution and delivery of, and its performance under, the Funding Loan Documents to which it is a party. (b) The Governmental Lender is not in default under or in violation of, and the execution and delivery of the Funding Loan Documents to which it is a party and its compliance with the terms and conditions thereof will not conflict or constitute a default under or a violation of, (i ) the Act, (ii) any other existing laws, rules, regulations, judgments, decrees and orders applicable to it, or (iii) the provisions of any agreements and instruments to which the Governmental Lender is a party, a default under or violation of which would prevent it from entering into this Funding Loan Agreement, executing and delivering the Governmental Lender Notes, financing the Project, executing and delivering the other Funding Loan Documents to which it is a party or consummating the transactions contemplated thereby, and, to its knowledge, no event has occurred and is continuing under the provisions of any such agreement or instrument or otherwise that with the lapse of time or the giving of notice, or both, would constitute such a default or violation (it being understood, however, that the Governmental Lender is making no representations as to the necessity of registering the Governmental Lender Notes or the Borrower Notes pursuant to any securities laws or complying with any other requirements of securities laws). (c) No litigation, inquiry or investigation of any kind in or by any judicial or administrative court or agency is pending or, to the knowledge of the Governmental Lender, threatened against the Governmental Lender with respect to (i) the organization and existence of the Governmental Lender, (ii) its authority to execute or deliver the Funding Loan Documents to which it is a party, (iii) the validity or enforceability of any such Funding Loan Documents or the transactions contemplated thereby, (iv) the title of any officer of the Governmental Lender who executed such Funding Loan Documents or (v) any authority or proceedings relating to the execution and delivery of 23 4923-1763-8226v4/200936-0009 such Funding Loan Documents on behalf of the Governmental Lender, and no such authority or proceedings have been repealed, revoked, rescinded or amended but are in full force and effect. (d) The revenues and receipts to be derived from the Borrower Loan Agreem ent, the Borrower Notes and this Funding Loan Agreement have not been pledged previously by the Governmental Lender to secure any of its notes or bonds other than the Funding Loan as evidenced by the Governmental Lender Notes. (e) The California Debt Limit Allocation Committee has provided an allocation of the State’s private activity bond volume cap under section 146 of the Code to the Governmental Lender for the Tax Exempt Governmental Lender Note, and the Governmental Lender has timely made any required carry forward elections with respect to such allocation. The Governmental Lender hereby elects to apply the alternative option under clause (2) of the first paragraph of S ection 3.01 of IRS Notice 2011-63 with respect to the issue date of the Tax Exempt Governmental Lender Note; and, in connection therewith, has directed Tax Counsel to include the information on Form 8038 filed for the Tax Exempt Governmental Lender Note that is required by section 3.03 of said Notice. THE GOVERNMENTAL LENDER MAKES NO REPRESENTATION, COVENANT OR AGREEMENT AS TO THE FINANCIAL POSITION OR BUSINESS CONDITION OF THE BORROWER OR THE PROJECT AND DOES NOT REPRESENT OR WARRANT AS TO ANY STATEMENTS, MATERIALS, REPRESENTATIONS OR CERTIFICATIONS FURNISHED BY THE BORROWER IN CONNECTION WITH THE FUNDING LOAN OR THE BORROWER LOAN, OR AS TO THE CORRECTNESS, COMPLETENESS OR ACCURACY THEREOF. 8.2 Encumbrance on Security. The Governmental Lender will not create or permit the creation of any mortgage, pledge, lien, charge or encumbrance of any kind on the Security or any part thereof. 8.3 Repayment of Funding Loan. Subject to the provisions of Articles III and V hereof, the Governmental Lender will duly and punctually repay, or cause to be repaid, the Funding Loan, as evidenced by the Governmental Lender Notes, as and when the same shall become due, all in accordance with the terms of the Governmental Lender Notes and this Funding Loan Agreement. 8.4 Borrower Loan Agreement Performance. (a) The Funding Lender, on behalf of the Governmental Lender, may (but shall not be required or obligated) perform and observe any agreement or covenant of the Governmental Lender under the Borrower Loan Agreement, all to the end that the Governmental Lender’s rights under the Borrower Loan Agreement may be unimpaired and free from default. (b) The Governmental Lender will promptly notify the Borrower and the Funding Lender in writing of the occurrence of any Borrower Loan Agreement Default, provided that the Governmental Lender has received written notice of such event. 8.5 Maintenance of Records; Inspection of Records. (a) The Funding Lender shall keep and maintain adequate records pertaining to any funds and accounts established hereunder, including all deposits to and disbursements from said funds and accounts and shall keep and maintain the registration books for the Funding Loan and 24 4923-1763-8226v4/200936-0009 interests therein. The Funding Lender shall retain in its possession all certifications and other documents presented to it, all such records and all records of principal, interest and premium paid on the Funding Loan, subject to the inspection of the Governmental Lender and its representatives at all reasonable times and upon reasonable prior notice. (b) The Governmental Lender will at any and all times, upon the reasonable request of the Borrower or the Funding Lender, afford and procure a reasonable opportunity by their respective representatives to inspect the books, records, reports and other papers of the Governmental Lender relating to the Project and the Funding Loan, if any, and to make copies thereof. 8.6 Tax Covenants. The Governmental Lender covenants to and for the benefit of the Funding Lender that, notwithstanding any other provisions of this Funding Loan Agreement or of any other instrument, it will: (a) Require the Borrower to execute the Regulatory Agreement as a condition of funding the Borrower Loan; (b) Not knowingly take or cause to be taken any action or actions, or knowingly fail to take any action or actions, which would cause the interest payable on the Tax Exempt Governmental Lender Note to be includable in gross income for federal income tax purposes; (c) Whenever and so often as requested by Funding Lender, the Governmental Lender (at the sole cost and expense of the Borrower) shall do and perform all acts and things permitted by law and necessary or desirable in order to assure that interest paid by the Governmental Lender on the Tax Exempt Governmental Lender Note will be excluded from the gross income of the holder(s) of the Tax Exempt Governmental Lender Note, for federal income tax purposes, pursuant to Section 103 of the Code, except in the event where any owner of the Tax Exempt Governmental Lender Note or a portion thereof is a “substantial user” of the facilities financed with the Funding Loan or a “related person” within the meaning of Section 147(a) of the Code; (d) Not take any action nor, solely in reliance upon the covenants and representations of the Borrower in the Borrower Loan Agreement, in the Regulatory Agr eement and in the Tax Certificate, permit or suffer any action to be taken if the result of the same would be to cause the Tax Exempt Governmental Lender Note to be “federally guaranteed” within the meaning of Section 149(b) of the Code and the Regulations; and (e) Require the Borrower to agree, solely by causing the Borrower to execute and deliver the Borrower Loan Agreement, not to commit any act and not to make any use of the proceeds of the Tax Exempt Portion of the Funding Loan financed with the proceeds of the Tax Exempt Governmental Lender Note, or any other moneys which may be deemed to be proceeds of the Tax Exempt Portion of the Funding Loan financed with the proceeds of the Tax Exempt Governmental Lender Note, which would cause the Tax Exempt Governmental Lender Note to be an “arbitrage bond” within the meaning of Sections 103(b) and 148 the Code, and to comply with the requirements of the Code throughout the term of the Tax Exempt Portion of the Funding Loan financed with the proceeds of the Tax Exempt Governmental Lender Note; and (f) Require the Borrower, solely by causing the Borrower to execute and deliver the Borrower Loan Agreement, to take all steps necessary to compute and pay any rebatable arbitrage in accordance with Section 148(f) of the Code. 25 4923-1763-8226v4/200936-0009 (g) In furtherance of the covenants in this Section, the Governmental Lender and the Borrower shall execute, deliver and comply with the provisions of the Tax Certificate, which are by this reference incorporated into this Funding Loan Agreement and made a part of this Funding Loan Agreement as if set forth in this Funding Loan Agreement in full. In the event of any conflict between this Funding Loan Agreement and the Tax Certificate, the requirements of the Tax Certificate shall control. (h) For purposes of this Section, the Governmental Lender’s compliance shall be based solely on matters within the Governmental Lender’s knowledge and control and no acts, omissions or directions of the Borrower, the Funding Lender or any other Persons shall be attributed to the Governmental Lender. (i) In complying with the foregoing covenants, the Governmental Lender may rely from time to time on a Tax Counsel No Adverse Effect Opinion or other appropriate opinion of Tax Counsel. 8.7 Performance by the Borrower. Without relieving the Governmental Lender from the responsibility for performance and observance of the agreements and covenants required to be performed and observed by it hereunder, the Borrower, on behalf of the Governmental Lender, may perform any such agreement or covenant if, under the Borrower Loan Agreement, any Event of Default or Potential Default exists. ARTICLE IX DEFAULT; REMEDIES 9.1 Events of Default. Any one or more of the following shall constitute an event of default (an “Event of Default”) under this Funding Loan Agreement (whatever the reason for such event and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or Governmental Authority): (a) A default in the payment of any interest upon the Governmental Lender Note s when such interest becomes due and payable; or (b) A default in the payment of principal of, or premium on, the Governmental Lender Notes when such principal or premium becomes due and payable, whether at its stated maturity, by declaration of acceleration or call for mandatory prepayment or otherwise; or (c) Default in the performance or breach of any material covenant or warranty of the Governmental Lender in this Funding Loan Agreement (other than a covenant or warranty or default the performance or breach of which is elsewhere in this Section specifically dealt with), and continuance of such default or breach for a period of 30 days after there has been given written notice, as provided in Section 12.1 hereof, to the Governmental Lender and the Borrower by the Funding Lender, specifying such default or breach and requiring it to be remedied and stating that such notice is a “Notice of Default” under this Funding Loan Agreement; provided that, so long as the Governmental Lender has commenced to cure such failure to observe or perform within the thirty (30) day cure period and the subject matter of the default is not capable of cure within said thirty (30) day period and the Governmental Lender is diligently pursuing such cure to the Funding Lender’s 26 4923-1763-8226v4/200936-0009 satisfaction, with the Funding Lender’s Written Direction or Written Consent, then the Governmental Lender shall have an additional period of time as reasonably necessary (not to exceed sixty (60) days unless extended in writing by the Funding Lender) within which to cure such default; or (d) A default in the payment of any of the Additional Borrower Payments; or (e) Any other “Default” or “Event of Default” under any of the other Funding Loan Documents (taking into account any applicable grace periods therein). 9.2 Acceleration of Maturity; Rescission and Annulment. (a) Subject to the provisions of Section 9.9 hereof, upon the occurrence of an Event of Default under Section 9.1 hereof, then and in every such case, the Fundin g Lender may declare the principal of the Funding Loan and the Governmental Lender Note s and the interest accrued to be immediately due and payable, by notice to the Governmental Lender , the Borrower and the Tax Credit Investor and upon any such declaration, all principal of and prepayment premium, if any, and interest on the Funding Loan and the Governmental Lender Notes shall become immediately due and payable. Notwithstanding anything to the contrary contained herein, Funding Lender and Governmental Lend er hereby agree that any cure of a Default or Event of Default under the Funding Loan Documents made or tendered by the Tax Credit Investor shall be deemed to be a cure by Borrower and shall be accepted or rejected on the same basis as if made or tendered by Borrower. Copies of all notices which are sent to Borrower hereunder shall also be sent to the Tax Credit Investor. (b) At any time after a declaration of acceleration has been made pursuant to subsection (a) of this Section, the Funding Lender may by Written Notice to the Governmental Lender, rescind and annul such declaration and its consequences if: (i) There has been deposited with the Funding Lender a sum sufficient to pay (1) all overdue installments of interest on the Funding Loan, (2) the principal of an d prepayment premium on the Funding Loan that has become due otherwise than by such declaration of acceleration and interest thereon at the rate or rates prescribed therefor in the Funding Loan, (3) to the extent that payment of such interest is lawful, in terest upon overdue installments of interest at the rate or rates prescribed therefor in the Funding Loan, and (4) all sums paid or advanced by the Funding Lender and the reasonable compensation, expenses, disbursements and advances of the Funding Lender, its agents and counsel (but only to the extent not duplicative with subclauses (1) and (3) above); and (ii) All Events of Default, other than the non-payment of the principal of the Funding Loan which have become due solely by such declaration of acceleration, have been cured or have been waived in writing as provided in Section 9.9 hereof. No such rescission and annulment shall affect any subsequent default or impair any right consequent thereon. 9.3 Additional Remedies; Funding Lender Enforcement. (a) Upon the occurrence and continuation of an Event of Default, the Funding Lender may, subject to the provisions of this Section and Section 9.9 hereof, proceed to protect and enforce its rights by mandamus or other suit, action or proceeding at law or in equity. No remedy 27 4923-1763-8226v4/200936-0009 conferred by this Funding Loan Agreement upon or remedy reserved to the Funding Lender is intended to be exclusive of any other remedy, but each such remedy shall be cumulative and shall be in addition to any other remedy given to the Funding Lender hereunder or now or hereafter existing at law or in equity or by statute. (b) Upon the occurrence and continuation of any Event of Default, the Funding Lender may proceed forthwith to protect and enforce its rights and this Funding Loan Agreement by such suits, actions or proceedings as the Funding Lender, in its sole discretion, shall deem expedient. Funding Lender shall have upon the occurrence and continuation of any Event of Default all rights, powers, and remedies with respect to the Security as are available under the Uniform Commercial Code applicable thereto or as are available under any other applicable law at the time in effect and, without limiting the generality of the foregoing, the Funding Lender may proceed at law or in equity or otherwise, to the extent permitted by applicable law: (i) to take possession of the Security or any part thereof, with or without legal process, and to hold, service, administer and enforce any rights thereunder or thereto, and otherwise exercise all rights of ownership thereof, including (but not limited to) the sale of all or part of the Security; (ii) to become mortgagee of record for the Borrower Loan including, without limitation, completing the assignment of the Deed of Trust by the Governmental Lender to the Funding Lender as anticipated by this Funding Loan Agreement, and recording the same in the real estate records of the jurisdiction in which the Project is located, without further act or consent of the Governmental Lender, and to service and administer the same for its own account; (iii) to service and administer the Funding Loan as agent and on behalf of the Governmental Lender or otherwise, and, if applicable, to take such actions necessary to enforce the Borrower Loan Documents and the Funding Loan Documents on its own behalf, and to take such alternative courses of action, as it may deem appropriate; or (iv) to take such steps to protect and enforce its rights whether by action, suit or proceeding in equity or at law for the specific performance of any covenant, condition or agreement in the Governmental Lender Notes, this Funding Loan Agreement or the other Funding Loan Documents, or the Borrower Loan Documents, or in and of the execution of any power herein granted, or for foreclosure hereunder, or for enforcement of any other appropriate legal or equitable remedy or otherwise as the Funding Lender may elect. (c) Whether or not an Event of Default has occurred, the Funding Lender, in its sole discretion, shall have the sole right to waive or forbear any term, condition, covenant or agree ment of the Deed of Trust, the Borrower Loan Agreement, the Borrower Notes or any other Borrower Loan Documents or Funding Loan Documents applicable to the Borrower, or any breach thereof, other than a covenant that would adversely impact the tax exempt status of the interest on the Tax Exempt Governmental Lender Note, and provided that the Governmental Lender may seek specific performance by the Borrower to enforce the Unassigned Rights. (d) If the Borrower defaults in the performance or observance of any cove nant, agreement or obligation of the Borrower set forth in the Regulatory Agreement, and if such default remains uncured for a period of 60 days after the Borrower, the Tax Credit Investor, and the Funding 28 4923-1763-8226v4/200936-0009 Lender receive Written Notice stating that a defau lt under the Regulatory Agreement has occurred and specifying the nature of the default, the Funding Lender shall have the right to seek specific performance of the provisions of the Regulatory Agreement or to exercise its other rights or remedies thereunder. (e) If the Borrower defaults in the performance of its obligations under the Borrower Loan Agreement to make rebate payments, to comply with any applicable continuing disclosure requirements, or to make payments owed pursuant to Sections 2.5, 4.10 or 4.11 of the Borrower Loan Agreement for fees, expenses or indemnification, the Funding Lender shall have the right to exercise all its rights and remedies thereunder (subject to the last paragraph of Section 9.14 hereof). 9.4 Application of Money Collected. Any money collected by the Funding Lender pursuant to this Article and any other sums then held by the Funding Lender as part of the Security, shall be applied in the following order, at the date or dates fixed by the Funding Lender: (a) First: To the payment of any and all amounts due under the Funding Loan Documents other than with respect to principal and interest accrued on the Funding Loan, including, without limitation, any amounts due to the Governmental Lender, the Funding Lender, and the Rebate Analyst; (b) Second: To the payment of the whole amount of the Funding Loan, as evidenced by the Governmental Lender Note, then due and unpaid in respect of which or for the benefit of which such money has been collected, with interest (to the extent that such interest h as been collected or a sum sufficient therefor has been so collected and payment thereof is legally enforceable at the respective rate or rates prescribed therefor in the Funding Loan) on overdue principal of, and prepayment premium and overdue installments of interest on the Funding Loan; provided, however, that partial interests in any portion of the Funding Loan shall be paid in such order of priority as may be prescribed by Written Direction of the Funding Lender in its sole and absolute discretion; and (c) Third: The payment of the remainder, if any, to the Borrower or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct. 9.5 Remedies Vested in Funding Lender. All rights of action and claims under this Funding Loan Agreement or the Governmental Lender Notes may be prosecuted and enforced by the Funding Lender without the possession of the Governmental Lender Notes or the production thereof in any proceeding relating thereto. 9.6 Restoration of Positions. If Funding Lender shall have instituted any proceeding to enforce any right or remedy under this Funding Loan Agreement and such proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Funding Lender, then and in every such case the Governmental Lender and the Funding Lender shall, subject to any determination in such proceeding, be restored to their former positions hereunder, and thereafter all rights and remedies of the Governmental Lender and the Funding Lender shall continue as though no such proceeding had been instituted. 9.7 Rights and Remedies Cumulative. No right or remedy herein conferred upon or reserved to the Funding Lender is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other 29 4923-1763-8226v4/200936-0009 right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. 9.8 Delay or Omission Not Waiver. No delay or omission of the Funding Lender to exercise any right or remedy accruing upon an Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Funding Lender may be exercised from time to time, and as often as may be deemed expedient, by Funding Lender. No waiver of any default or Event of Default pursuant to Section 9.9 hereof shall extend to or shall affect any subsequent default or Event of Default hereunder or shall impair any rights or remedies consequent thereon . 9.9 Waiver of Past Defaults. Before any judgment or decree for payment of money due has been obtained by the Funding Lender, the Funding Lender may, subject to Section 9.6 hereof, by Written Notice to the Governmental Lender and the Borrower, waive any past default hereunder or under the Borrower Loan Agreement and its consequences except for default in obligations due the Governmental Lender pursuant to or under the Unassigned Rights. Upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Funding Loan Agreement and the Borrower Loan Agreement; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. 9.10 Remedies Under Borrower Loan Agreement or Borrower Notes. As set forth in this Section but subject to Section 9.9 hereof, the Funding Lender shall have the right, in its own name or on behalf of the Governmental Lender, to declare any default and exercise an y remedies under the Borrower Loan Agreement or the Borrower Notes, whether or not the Governmental Lender Notes has been accelerated or declared due and payable by reason of an Event of Default. 9.11 Waiver of Appraisement and Other Laws. (a) To the extent permitted by law, the Governmental Lender will not at any time insist upon, plead, claim or take the benefit or advantage of, any appraisement, valuation, stay, extension or redemption law now or hereafter in force, in order to prevent or hinder the enforcement of this Funding Loan Agreement; and the Governmental Lender, for itself and all who may claim under it, so far as it or they now or hereafter may lawfully do so, hereby waives the benefit of all such laws. The Governmental Lender, for itself and all who may claim under it, waives, to the extent that it may lawfully do so, all right to have the property in the Security marshaled upon any enforcement hereof. (b) If any law now in effect prohibiting the waiver referred to in Section 9.11(a) shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to constitute any part of the contract herein contained or to preclude the application of this Section. 9.12 Suits to Protect the Security. The Funding Lender shall have power to institute and to maintain such proceedings as it may deem expedient to prevent any impairment of the Security by any acts that may be unlawful or in violation of this Funding Loan Agreement and to protect its interests in the Security and in the rents, issues, profits, revenues and other income arising therefrom, including power to institute and maintain proceedings to restrain the enforcement of or compliance with any governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement of or compliance with such enactment, rule or order would impair the security hereunder or be prejudicial to the interests of the Funding Lender. 30 4923-1763-8226v4/200936-0009 9.13 Remedies Subject to Applicable Law. All rights, remedies and powers provided by this Article may be exercised only to the extent that the exercise thereof does not violate any applicable provision of law in the premises, and all the provisions of this Article are intended to be subject to all applicable mandatory provisions of law which may be controllin g in the premises and to be limited to the extent necessary so that they will not render this Funding Loan Agreement invalid, unenforceable or not entitled to be recorded, registered or filed under the provisions of any applicable law. 9.14 Assumption of Obligations. In the event that the Funding Lender or its assignee or designee shall become the legal or beneficial owner of the Project by foreclosure or deed in lieu of foreclosure, such party shall succeed to the rights and the obligations of the Borrower und er the Borrower Loan Agreement, the Borrower Notes, the Regulatory Agreement and any other Funding Loan Documents to which the Borrower is a party. Such assumption shall be effective from and after the effective date of such acquisition and shall be made with the benefit of the limitations of liability set forth therein and without any liability for the prior acts of the Borrower. It is the intention of the parties hereto that upon the occurrence and continuance of an Event of Default hereunder, rights and remedies may be pursued pursuant to the terms of the Funding Loan Documents. ARTICLE X AMENDMENT; AMENDMENT OF BORROWER LOAN AGREEMENT AND OTHER DOCUMENTS 10.1 Amendment of Funding Loan Agreement. Any of the terms of this Funding Loan Agreement and the Governmental Lender Notes may be amended or waived only by an instrument signed by the Funding Lender and the Governmental Lender. All of the terms of this Funding Loan Agreement shall be binding upon the successors and assigns of and all persons claiming under or through the Governmental Lender or any such successor or assign, and shall inure to the benefit of and be enforceable by the successors and assigns of the Funding Lender. 10.2 Amendments Require Funding Lender Consent. The Governmental Lender shall not consent to any amendment, change or modification of the Borrower Loan Agreement or any other Borrower Loan Document or Funding Loan Document without the prior Written Consent of the Funding Lender. 10.3 Consents and Opinions. No amendment to this Funding Loan Agreement or any other Funding Loan Document entered into under this Article X or any amendment, change or modification otherwise permitted under this Article X shall become effective unless and until (i) the Funding Lender shall have approved the same in writing in its sole discretion, and (ii) to the extent requested by the Funding Lender, the Funding Lender shall have received, at the expense of the Borrower, a Tax Counsel No Adverse Effect Opinion and an Opinion of Counsel to the effect that any such proposed amendment is authorized and complies with the provisions of this Funding Loan Agreement and is a legal, valid and binding obligation of the parties thereto, subject to normal exceptions relating to bankruptcy, insolvency and equitable principles limitations. 31 4923-1763-8226v4/200936-0009 ARTICLE XI AGENCY 11.1 Appointment of Funding Lender as Agent. The Governmental Lender hereby irrevocably appoints the Funding Lender as its agent with full authority and power to act on its behalf for the purposes set forth herein and to do all other acts necessary or incidental to the performance and execution thereof, except for the Unassigned Rights. 11.2 Authority of the Funding Lender. The Funding Lender is authorized and agrees to advance monies on behalf of the Governmental Lender to fund the Borrower Loan upon satis faction of the conditions set forth in the Borrower Loan Agreement and the Covenant Agreement and otherwise to act on behalf of the Governmental Lender under the Borrower Loan Documents, except for the Unassigned Rights. Except for the Unassigned Rights, the Funding Lender is hereby authorized, directed and empowered to exercise all the rights, powers or remedies of the Governmental Lender under the Borrower Loan Agreement and the other Borrower Loan Documents, and to make all determinations and exercise all options and elections thereunder, without the necessity of further advice or consultation with, or consent or authorization by, the Governmental Lender, and all actions taken by the Funding Lender under the Borrower Loan Agreement or any of the other Borrower Loan Documents shall be valid and shall have the same force and effect, as if taken by the Governmental Lender. The Funding Lender shall have the right to exercise any rights, remedies, conferred on the Governmental Lender pursuant to the Borrower Loan Documents (except for the Unassigned Rights) as may be necessary or convenient to (i) enforce the payment of any amounts owing by Borrower under the Borrower Loan Documents and prepayments thereof, or (ii) otherwise to protect the interest of the Governmental Lender or Funding Lender upon a default by Borrower under the Borrower Loan Documents. The Funding Lender agrees to provide the Governmental Lender any notices given by it or delivered to it pursuant to the Borrower Loan Agreement regarding the occurrence of a Borrower Loan Agreement Default, the acceleration of the Borrower Loan or the foreclosure of the Deed of Trust. The Funding Lender may execute amendments to the Borrower Loan Documents (other than with respect to the Unassigned Rights); provided that Funding Lender shall provide written notice to Governmental Lender of any amendment to the Borrower Note, the Borrower Loan Agreement or any Borrower Loan Document. The Funding Lender shall have the right to collect all payments and other amounts received by the Governmental Lender from or on behalf of the Borrower pursuant to the Borrower Loan Agreement or the other Borrower Loan Documents, including prepayments thereof, except for payments of fees owing by the Borrower to the Governmental Lend er in respect of the Unassigned Rights. 11.3 Successor Agent. Anything herein to the contrary notwithstanding, any corporation or association into which the Funding Lender may be converted or merged or with which it may be consolidated or to which it may sell or transfer its business and assets as a whole or substantially as a whole or any corporation or association resulting from any conversion, sale, merger, consolidation or transfer to which it is a party will, ipso facto, be and become the Funding Lender he reunder and vested with all of the title to the whole property and all the powers, discretion, immunities, privileges, obligations and all other matters as was its predecessor, without the execution or filing of any instruments or any further act, deed or conveyance on the part of the parties hereto. 11.4 Consent to Assignment. The Governmental Lender agrees that Funding Lender shall have the right to assign all of its rights under this Funding Loan Agreement, and under all instruments and documents executed by the Governmental Lender pursuant to this Agreement, to an Affiliate of 32 4923-1763-8226v4/200936-0009 Funding Lender, or to a subsequent owner of all of the Governmental Lender Notes and the Funding Loan as permitted under Section 2.4 or an Affiliate thereof. The Funding Lender will a dvise the Governmental Lender in writing of any such assignment and the Governmental Lender will execute and deliver to Funding Lender any documents (at the expense of the Funding Lender) necessary to effectuate such assignment in forms provided by the Funding Lender, and will not take any action to impair Funding Lender’s right to assign such rights pursuant to this Section. 11.5 Power of Attorney. The Governmental Lender hereby irrevocably makes, constitutes and appoints the Funding Lender (and any of the Funding Lender’s officers, employees or agents, as appropriate and as designated by the Funding Lender) as the Governmental Lender’s true and lawful attorney-in-fact with full power of substitution, subject to the Unassigned Rights, to (a) sign in the name of the Governmental Lender any assignments, notices of default, notices of election to sell, assignments and substitutions of trustee or similar documents necessary or appropriate to enforce the remedies of the Governmental Lender under the Borrower Loan Agreement, the Borrower Notes, the Deed of Trust or any of the other Borrower Loan Documents, including complaints, motions and any other pleadings necessary to secure the appointment of a receiver under the Deed of Trust, (b) to appear in any bankruptcy, insolvency, reorganization, condemnation or other action or proceeding, and (c) to prepare applications for, negotiate and settle claims, and collect any distribution, award or other amount becoming payable through or as the result of (i) any such proceedings, (ii) any insured or uninsured casualty loss, or (iii) any condemnation, taking or conveyance in lieu of condemnation of any of the assets that are the subject of the Borrower Loan Agreement, the Borrower Notes, the Deed of Trust or the other Borrower Loan Documents. The power of attorney granted by the Governmental Lender to the Funding Lender hereunder, being coupled with the Funding Lender’s interest in the Funding Loan, is irrevocable until all of the obligations of Governmental Lender under the Governmental Lender Notes have been satisfied and discharged in full. 11.6 Acceptance. The Funding Lender hereby accepts the assignments and pledge of the Security made herein for the purpose of securing the payments due pursuant to the Funding Loan Agreement. 11.7 Conditions. This Article XI shall confer no obligations or impose no duties upon the Funding Lender beyond those expressly provided in this Funding Loan Agreement and the Borrower Loan Agreement. This Article XI shall confer no obligations or impose no dutie s upon the Governmental Lender beyond those expressly provided in this Funding Loan Agreement. ARTICLE XII THE FISCAL AGENT 12.1 Appointment of Fiscal Agent; Acceptance. The Governmental Lender hereby appoints the Fiscal Agent as the fiscal agent hereunder. The Fiscal Agent shall signify its acceptance of the duties and obligations imposed upon it by this Funding Loan Agreement by executing this Funding Loan Agreement. 12.2 Certain Duties and Responsibilities of Fiscal Agent. (a) The Fiscal Agent undertakes to perform such duties and only such duties as are specifically set forth in this Funding Loan Agreement . These duties shall be deemed purely ministerial in nature, the Fiscal Agent shall not be liable except for the performance of such duties, and no implied 33 4923-1763-8226v4/200936-0009 covenants or obligations shall be read into this Funding Loan Agreement against the Fiscal Agent. The Fiscal Agent shall be entitled to request and receive written instructions from the Governmental Lender or the Funding Lender and shall have no responsibility or liability for any losses or damages of any nature that may arise from any action taken or not taken by the Fiscal Agent in accordance with the written direction of the Governmental Lender or the Funding Lender. (b) If an event of default exists hereunder or under any Borrower Loan Document, the Fiscal Agent shall exercise such of the rights and powers vested in it by this Funding Loan Agreement, and subject to Section 12.2(c)(1) through (5) hereof, use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. (c) No provision of this Funding Loan Agreement shall be construed to relieve the Fiscal Agent from liability for its own negligent action, its own negligent failure to act, or its own willful misconduct, in each case, as finally adjudicated by a court of law, except that: (1) This subsection shall not be construed to limit the effect of Section 12.2(a); (2) The Fiscal Agent shall not be liable for any actions taken or errors of judgment made in good faith by it or any of its officers, employees or agents, unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts; (3) The Fiscal Agent shall not be liable with respect to any action taken or omitted to be taken by it in accordance with the direction of the Funding Lender relating to the time, method and place of conducting any proceeding for any remedy available to the Fiscal Agent, or exercising any trust or power conferred upon the Fiscal Agent under this Funding Loan Agreement; (4) In no event shall the Fiscal Agent be responsible or liable for special, indirect, punitive, incidental or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Fiscal Agent has been advised of the likelihood of such loss or damage and regardless of the form of action; and (5) No provision of this Funding Loan Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers. (d) Whether or not therein expressly so provided, every provision of this Funding Loan Agreement and the other Funding Loan Documents relating to the conduct or affecting the liability of or affording protection to the Fiscal Agent shall be subject to the provisions of this Section 12.2. (e) The Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Funding Loan Agreement; but in the case of any such certificates or opinions which by any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Funding Loan Agreement. 34 4923-1763-8226v4/200936-0009 (f) The permissive rights of the Fiscal Agent to do things enume rated in this Funding Loan Agreement shall not be construed as a duty, and, with respect to such permissive rights, the Fiscal Agent shall not be answerable for other than its negligence or willful misconduct. 12.3 Notice of Defaults. Upon the occurrence of any default hereunder or under any Borrower Loan Document, and provided that a Responsible Officer of the Fiscal Agent is aware of or has received written notice of the existence of such default, promptly, and in any event within 15 days, the Fiscal Agent shall transmit to the Governmental Lender, the Borrower, the Tax Credit Investor, and the Funding Lender, in the manner and at the addresses for notices set forth in Section 13.1 hereof, notice of such default hereunder known to the Fiscal Agent pursuant to Section 12.4(g) hereof, unless such default shall have been cured or waived. 12.4 Certain Rights of Fiscal Agent. Except as otherwise provided in Section 12.1 hereof: (a) The Fiscal Agent may conclusively rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, judgment, decree, report, notice, request, direction, consent, order, bond, note, debenture, coupon or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties, not only as to due execution, validity and effectiveness, but also as to the truth and accuracy of any information contained therein; (b) Any request or direction of the Governmental Lender mentioned herein shall be sufficiently evidenced by a certificate or order executed by an authorized representative of the Governmental Lender; (c) Whenever in the administration of this Funding Loan Agreement the Fiscal Agent shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Fiscal Agent (unless other evidenc e be herein specifically prescribed) may conclusively rely upon a written certificate of the Funding Lender or the Borrower, as appropriate; (d) The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Funding Loan Agreement at the request or direction of the Funding Lender, pursuant to this Funding Loan Agreement, unless the Funding Lender shall have furnished to the Fiscal Agent in writing security or indemnity (satisfactory to the Fiscal Agent in its sole and absolute discretion) against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction, except costs, expenses and liabilities which are finally adjudicated to have directly resulted from its own negligence or willful misconduct; (e) The Fiscal Agent shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, judgment, decree, bond, note, debenture, coupon or other paper or document but the Fiscal Agent, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit, and, if the Fiscal Agent shall determine to make such further in quiry or investigation, it shall be entitled to examine the books and records of the Governmental Lender, if any, and of the Borrower, in either case personally or by agent or attorney after reasonable notice and during normal business hours; (f) The Fiscal Agent may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and pay reasonable 35 4923-1763-8226v4/200936-0009 compensation thereto and the Fiscal Agent shall not be responsible for any acts or omission of any such agent or attorney appointed with due care by it hereunder. The Fiscal Agent shall be entitled to rely on and shall not be liable for any action taken or omitted to be taken by the Fiscal Agent in accordance with the advice of counsel or other professionals retained or consulted by the Fiscal Agent. The Fiscal Agent may, at the expense of the Funding Lender, request, rely and act in accordance with officer’s certificates, upon the advice and opinions of counsel of its choice concerning all matters hereof and the Fiscal Agent shall not be responsible for any loss or damage resulting from any action or inaction taken in accordance with said certificates, advice and/or opinions; (g) The Fiscal Agent shall not be required to take notice or be deemed to have notice of any default hereunder or under any Borrower Loan Document except for failure by the Borrower to make payments of principal, interest, premium, if any, or fee owing to the Governmental Lender pursuant to the Regulatory Agreement when due, unless a Responsible Officer of the Fiscal Agent shall have actual knowledge of such default by written notice from the Governmental Lender or the Funding Lender, and all notices or other instruments required by this Funding Loan Agreement or under any Borrower Loan Document to be delivered to the Fiscal Agent, must, in order to be effective, be delivered in writing to the Fiscal Agent, and in the absence of such written notice so delivered the Fiscal Agent may conclusively assume there is no default as aforesaid; (h) Neither the Fiscal Agent nor any of its directors, officers, employees, agents or affiliates shall be responsible for nor have any duty to monitor the performance or any action of the Governmental Lender, CNF, the Borrower, or any of their directors, members, officers, agents, affiliates or employee, nor shall it have any liability in connection with the malfeasance or nonfeasance by such party. The Fiscal Agent may assume performance by all such persons of their respective obligations. The Fiscal Agent shall have no enforcement or notification obligations relating to breaches of representations or warranties of any other person; and (i) The Fiscal Agent shall not be responsible or liable for any failure or delay in the performance of its obligations under this Funding Loan Agreement arising out of or caused, directly or indirectly, by circumstances beyond its control, including without limitation, any act or provision of any present or future law or regulation or governmental authority; acts of God; earthquakes; fires; floods; wars; terrorism; civil or military disturbances; sabotage; epidemics; quarantine restrictions; riots; interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications service; accidents; labor disputes; acts of civil or military authority or governmental actions; or the unavailability of the Federal Reserve Bank wire or telex or other wire or communication facility. 12.5 Not Responsible for Recitals. (a) The recitals contained herein and in the Governmental Lender Notes shall be taken as the statements of the Governmental Lender, and the Fiscal Agent assumes no responsibility for their correctness. The Fiscal Agent makes no representations as to the value or condition of the any revenues pledged hereunder, the Security or any part thereof, or as to the title of the Governmental Lender thereto or as to the security afforded thereby or hereby, or as to the validity or sufficiency of this Funding Loan Agreement or of the Funding Loan. (b) The Fiscal Agent shall have no responsibility or liability with respect to any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the funding of the Funding Loan. 36 4923-1763-8226v4/200936-0009 (c) The Fiscal Agent shall not be required to monitor the financial condition of the Borrower or the physical condition of the Project. Unless otherwise expressly provided, the Fiscal Agent shall be under no obligation to analyze, review or make any credit decisions with respect to any financial statements, reports, notices, certificates or documents received hereunder but shall hold such financial statements reports, notices, certificates and documents solely for the benefit of, and review by, the Funding Lender and such other parties to whom the Fiscal Agent may provide such information pursuant to this Funding Loan Agreement. (d) The Fiscal Agent makes no representations as to and shall have no responsibility for the sufficiency of the insurance required under any of the Borrower Loan Documents. 12.6 May Hold Funding Loan. The Fiscal Agent in its individual or any other capacity may become the owner or pledgee of the Funding Loan and may otherwise deal with the Governmental Lender, the Funding Lender and the Borrower with the same rights it would have if it were not Fiscal Agent. 12.7 Moneys Held in Trust. Moneys held by the Fiscal Agent in trust hereunder need not be segregated from other funds except to the extent required by law. The Fiscal Agent shall be under no liability for interest on any moneys received by it her eunder except as otherwise provided herein. 12.8 Compensation and Reimbursement. (a) Under the Borrower Loan Agreement, the Borrower has agreed to, except as otherwise expressly provided herein, reimburse the Fiscal Agent as provided in this Funding Loan Agreement or the Borrower Loan Agreement, upon its request for all reasonable expenses, disbursements and advances incurred or made by the Fiscal Agent in accordance with any provision of this Funding Loan Agreement (including the reasonable fees, expenses and disbu rsements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to the Fiscal Agent’s negligence or willful misconduct, both as finally adjudicated by a court of law. (b) When the Fiscal Agent incurs expenses or renders service in connection with any bankruptcy or insolvency proceeding, such expenses (including the fees and expenses of its counsel) and the compensation for such services are intended to constitute expenses of administration under any bankruptcy law or law relating to creditors rights generally. (c) The Governmental Lender has no obligation to pay the Fiscal Agent for services rendered. (d) As security for the performance of the obligations of the Borrower under this Section 12.8 and for the payment of such compensation, expenses, reimbursements and indemnity, the Fiscal Agent shall have the right to use and apply any moneys held by it as Pledged Revenues. (e) The Fiscal Agent’s rights to compensation and reimbursement shall survive its resignation or removal, the payment of the Funding Loan or the Borrower Loan or the release of this Funding Loan Agreement. 12.9 Fiscal Agent Required; Eligibility. Any successor Fiscal Agent shall at all times be a trust company, a state banking corporation or a national banking associat ion with the authority to accept trusts in the State of California approved in writing by the Governmental Lender and either (a) 37 4923-1763-8226v4/200936-0009 have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, (b) be a wholly owned subsidiary of a bank holding company, or a wholly owned subsidiary of a company that is a wholly owned subsidiary of a bank holding company, having a combined capital surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, have at least $500,000,000 of trust assets under management and have a combined capital surplus of at least $2,000,000 as set forth in its most recent published annual report of condition, or (c) be otherwise acceptable to the Funding Lender in its sole and absolute discretion. 12.10 Resignation and Removal; Appointment of Successor. (a) No resignation or removal of the Fiscal Agent hereunder and no appointment of a successor Fiscal Agent pursuant to this Article XII shall beco me effective until the written acceptance by the successor Fiscal Agent of such appointment. (b) The Fiscal Agent may resign and be discharged from its duties and obligations hereunder at any time by giving 30 calendar days’ written notice thereof to the Governmental Lender, the Borrower, and the Funding Lender. If an instrument of acceptance by a successor Fiscal Agent shall not have been delivered to the Fiscal Agent within 30 calendar days after the giving of such notice of resignation, the resigning Fiscal Agent may (at the sole expense of the Funding Lender) petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent and for other appropriate relief. (c) The Fiscal Agent may be removed at any time with 30 calendar days’ written notice by (i) the Governmental Lender, with the written consent of the Funding Lender not to be unreasonably withheld, (ii) the Borrower (unless the Borrower is in default under any of the Borrower Loan Documents), subject to applicable notice and cure periods, with the written consent of the Funding Lender and the Governmental Lender in their sole and absolute discretion, or (iii) the Funding Lender with the written consent of the Governmental Lender and written notice delivered to the Fiscal Agent and the Borrower. (d) If the Fiscal Agent shall resign, be removed or become incapable of acting, or if a vacancy shall occur in the office of the Fiscal Agent for any cause, the Governmental Lender shall promptly appoint a successor Fiscal Agent, with the consent of the Funding Lender not to be unreasonably withheld. In case all or substantially all of the revenues pledged hereunder and Security shall be in the possession of a receiver or trustee lawfully appointed, such receiver or trustee may similarly appoint a successor to fill such vacancy until a new Fiscal Agent shall be so appointed by the Governmental Lender. If, within 60 calendar days after such resignation, removal or incapability or the occurrence of such vacancy, the Governmental Lender has failed to so appoint a successor Fiscal Agent, then a successor Fiscal Agent shall be appointed by the Funding Lender (from any of the institutions approved by the Governmental Lender to serve as a fiscal agent or trustee) with written notice thereof delivered to the Governmental Lender, the Borrower, and the retiring Fiscal Agent, and the successor Fiscal Agent so appointed shall, forthwith upon its acceptance of such appointment, become the successor Fiscal Agent and supersede the successor Fiscal Agent appointed by s uch receiver or Fiscal Agent. If no successor Fiscal Agent shall have been appointed by the Governmental Lender or the Funding Lender and accepted appointment in the manner hereinafter provided, the Fiscal Agent may (at the sole expense of the Funding Lender) petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent and for other appropriate relief. 38 4923-1763-8226v4/200936-0009 (e) The retiring Fiscal Agent shall cause written notice of each resignation and each removal of the Fiscal Agent and, subject to Section 12.11 hereof, each appointment of a successor Fiscal Agent to be provided to the Funding Lender. Each notice shall include the name of the successor Fiscal Agent and the address of the office of the successor Fiscal Agent. 12.11 Acceptance of Appointment by Successor. (a) Every successor Fiscal Agent appointed hereunder shall execute, acknowledge and deliver to the Governmental Lender and to the retiring Fiscal Agent an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Fiscal Agent shall become effective and such successor Fiscal Agent, without any further act, deed or conveyance, shall become vested with all the estates, properties, rights, powers, trusts and duties of the retiring Fiscal Agent; notwithstanding the foregoing, on request of the Governmental Lender or the successor Fiscal Agent, such retiring Fiscal Agent shall, upon payment of its compensation, fees and other charges (including fees, costs and expenses of its counsel, as applicable), execute and deliver an instrument conveying and transferring to such successor Fiscal Agent upon the trusts herein expressed all the estates, properties, rights, powers and trusts of the retiring Fiscal Agent, and shall duly assign, transfer and deliver to such successor Fiscal Agent all property and money held by such retiring Fiscal Agent hereunder. Upon request of any such successor Fiscal Agent, the Governmental Lender shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor Fiscal Agent all such estates, properties, rights, powers and trusts. (b) No successor Fiscal Agent shall accept its appointment unless at the time of such acceptance such successor Fiscal Agent shall be qualified and eligible under this Article XII, to the extent operative. 12.12 Merger, Consolidation or Succession to Business. Any corporation into which the Fiscal Agent may be merged or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Fiscal Agent shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Fiscal Agent, shall be the successor of the Fiscal Agent hereunder, provided such corporation shall be otherwise qualifi ed and eligible under this Article XII, to the extent operative, without the execution or filing of any paper or any further act on the part of any of the parties hereto. Notwithstanding the foregoing, any such successor Fiscal Agent shall cause written notice of such succession to be delivered to the Funding Lender within 30 days of such succession. 12.13 Appointment of Co-Fiscal Agent. (a) It is recognized that in case of litigation under this Funding Loan Agreement, the Borrower Loan Agreement, any other Borrower Loan Document or the Regulatory Agreement, and in particular in case of the enforcement of any of them on default, or in case the Fiscal Agent deems that by reason of any present or future law of any jurisdiction it may not exercise any of the powers, rights or remedies herein granted to the Fiscal Agent or hold title to the properties, in trust, as herein provided, or take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Fiscal Agent appoint an additional individual or institution as a separate or co - fiscal agent. The following provisions of this Section are adopted to these ends. (b) The Fiscal Agent is hereby authorized to appoint an additional individual or institution as a separate or co-fiscal agent hereunder, upon written notice to the Governmental Lender, 39 4923-1763-8226v4/200936-0009 the Funding Lender and the Borrower, and with the consent of the Governmental Lender and the Funding Lender, but without the necessity of further authorization or consent, in which event each and every remedy, power, right, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Funding Loan Agreement, any Borrower Loan Document, the Regulatory Agreement or the Borrower Loan Agreement to be exercised by or vested in or conveyed to the Fiscal Agent with respect thereto shall be exercisable by and vest in such separate or co-fiscal agent but only to the extent necessary to exercise such powers, rights and remedies, and every covenant and obligation necessary to the exercise thereof by such separate or co-fiscal agent shall run to and be enforceable by either of them. (c) Should any instrument in writing from the Governmental Lender be required by the separate fiscal agent or co-fiscal agent appointed by the Fiscal Agent for more fully and certainly vesting in and confirming to it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request of the Fiscal Agent, be executed, acknowledged and delivered by the Governmental Lender. In case any separate fiscal agent or co -fiscal agent, or a successor to either, shall die, become incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate fiscal agent or co-fiscal agent, so far as permitted by law, shall vest in and be exercised by the Fiscal Agent until the appointment of a successor to such separate fiscal agent or co-fiscal agent. 12.14 No Recourse Against Officers or Employees of Fi scal Agent. No recourse with respect to any claim related to any obligation, duty or agreement contained in this Funding Loan Agreement or any other Funding Loan Document shall be had against any officer or employee, as such, of the Fiscal Agent, it being expressly understood that the obligations, duties and agreements of the Fiscal Agent contained in this Funding Loan Agreement and the other Funding Loan Documents are solely corporate in nature. 12.15 Financing Statements. The Fiscal Agent shall have no obligation to give, execute, deliver, file, record, authorize or obtain any financing statements, notices, instruments, documents, agreements, consents or other papers as shall be necessary to (i) create, preserve, perfect or validate the security interest granted to the Fiscal Agent pursuant to the Funding Loan Documents or (ii) enable the Fiscal Agent to exercise and enforce its rights under the Funding Loan Documents with respect to such pledge and security interest. In addition, the Fiscal Agent shall have no responsibility or liability (i) in connection with the acts or omissions of the Governmental Lender, the Borrower or the Funding Lender in respect of the foregoing or (ii) for or with respect to the legality, validity and enforceability of any security interest created in the Security or the perfection and priority of such security interest. 12.16 Loan Servicing. Governmental Lender and Fiscal Agent each acknowledges, agrees and waives any right to assert anything to the contrary that (a) CNF shall have t he right to appoint, in its sole and absolute discretion, a Person to service and administer the Funding Loan and the Borrower Loan (the “Servicer”), which appointment may be subject to a separate agreement between CNF and Servicer, (b) CNF hereby appoints City National Bank, a national banking association, to service and administer the Funding Loan and the Borrower Loan, (c) any references herein to any determinations, consents, approvals, disapprovals, calculations, requirements, requests, acts, actions, elections, selections, opinions, judgments, exercise of rights, remedies or indemnities, satisfaction of conditions or other decisions of or to be made by CNF (collectively, “Determinations”) if made by the Servicer will have the same force and effect as i f made by CNF, with Governmental Lender and Fiscal Agent entitled to rely on any Determinations made by Servicer as having been made by CNF, (d) any information or notice delivered to Servicer shall have the same effect as if delivered to CNF, (e) 40 4923-1763-8226v4/200936-0009 Servicer is acting on behalf of CNF and as such is afforded all indemnifications, limitations on liability and other protections provided to CNF, (f) CNF may, in its sole discretion, terminate or replace the Servicer, and (g) Servicer is a third-party beneficiary to each of the Funding Loan Documents and Borrower Loan Documents. Neither the Governmental Lender or the Fiscal Agent shall be responsible for monitoring the performance of the Servicer or for any acts or omissions of the Servicer . ARTICLE XIII MISCELLANEOUS 13.1 Notices. All notices, consents, approvals and requests required or permitted hereunder or under any other Borrower Loan Document or Funding Loan Document (a “notice”) shall be in writing and sent by first class, regular, registered or certified mail, commercial delivery service, overnight courier, telegraph, telex, telecopier or facsimile transmission, air or other courier, or hand delivery to the party to be notified addressed as follows: If to the Governmental Lender: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, California 94553 Attention: Affordable Housing Program Manager Telephone: (925) 655-2885 If to the Borrower: c/o Eden Housing, Inc. 22645 Grand Street Hayward, CA 94541 Attention: __________ Telephone: __________ Email: ___________ with a copy to : MCC Housing LLC c/o Merritt Community Capital Corporation 1901 Harrison Street, Suite 1650 Oakland, California 94612 Attention: President & CEO with a copy to : Bocarsly Emden Esmail Cowan & Arndt LLP 633 W. Fifth Street, Suite 5880 Los Angeles, CA 90017 Attention: Rachel Rosner 41 4923-1763-8226v4/200936-0009 with a copy to: Gubb & Barshay 235 Montgomery Street, Suite 1110 San Francisco, CA 94104 Attention: Evan Gross Telephone: (415) 781-6600 x 6 Email: egross@gubbandbarshay.com If to Funding Lender: CN Financing, Inc. c/o City National Bank 555 South Flower Street, 19th Floor Attention: Keith Wan Email: Keith.Wan@cnb.com with a copy to: CN Financing, Inc. c/o City National Bank 555 South Flower Street, 18th Floor Los Angeles, CA 90071 Attention: Office of the General Counsel Email: LegalDiv.Credit@cnb.com If to the Fiscal Agent: U.S. Bank Trust Company, National Association One California Street, Suite 1000 San Francisco, California 94111 Attention: Michelle Knutson Telephone: (415) 677-3597 Email: Michelle.Knutson@usbank.com Any such notice, demand, request or communication shall be deemed to have been given and received for all purposes under this Funding Loan Agreement: (i) three Business Days after the same is deposited in any official depository or receptacle of the United States Postal Service first class, or, if applicable, certified mail, return receipt requested, postage prepaid; (ii) on the date of transmission when delivered by electronic transmission, telex, telegraph or other telecommunication device, provided any telecopy or other electronic transmission received by any party after 5:00 p.m., local time, as evidenced by the time shown on such transmission, shall be deemed to have been received the following Business Day; (iii) on the next Business Day after the sam e is deposited with a nationally recognized overnight delivery service that guarantees overnight delivery; and (iv) on the date of actual delivery to such party by any other means; provided, however, if the day such notice, demand, request or communication shall be deemed to have been given and received as aforesaid is not a Business Day, such notice, demand, request or communication shall be deemed to have been given and received on the next Business Day. Any facsimile signature by a Person on a document, notice, demand, request or communication required or permitted by this Funding Loan Agreement shall constitute a legal, valid and binding execution thereof by such Person. 42 4923-1763-8226v4/200936-0009 Any party to this Funding Loan Agreement may change such party’s address for the pu rpose of notice, demands, requests and communications required or permitted under this Funding Loan Agreement by providing written notice of such change of address to all of the parties by written notice as provided herein. 13.2 Term of Funding Loan Agreement. This Funding Loan Agreement shall be in full force and effect until all payment obligations of the Governmental Lender hereunder have been paid in full and the Funding Loan has been retired or the payment thereof has been provided for; except that on and after payment in full of the Governmental Lender Note s, this Funding Loan Agreement shall be terminated, without further action by the parties hereto. 13.3 Successors and Assigns. All covenants and agreements in this Funding Loan Agreement by the Governmental Lender shall bind its successors and assigns, whether so expressed or not. 13.4 Legal Holidays. In any case in which the date of payment of any amount due hereunder or the date on which any other act is to be performed pursuant to this Funding Loan Agreement s hall be a day that is not a Business Day, then payment of such amount or such act need not be made on such date but may be made on the next succeeding Business Day, and such later payment or such act shall have the same force and effect as if made on the date of payment or the date fixed for prepayment or the date fixed for such act, and no additional interest shall accrue for the period after such date and prior to the date of payment. 13.5 Governing Law. This Funding Loan Agreement and the Governmental Lender Notes shall be governed by and shall be enforceable in accordance with the laws of the State applicable to contracts made and performed in the State without regard to choice of law rules. 13.6 Entire Agreement; Severability. This Funding Loan Agreement, the Funding Loan Notes and the other Funding Loan Documents constitute the entire agreement and supersede all prior agreements and understandings, both written and oral, between the Governmental Lender and the Funding Lender with respect to the subject matter hereof. If any provision of this Funding Loan Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. In case any covenant, stipulation, obligation or agreement contained in the Governmental Lender Note s or in this Funding Loan Agreement shall for any reason be held to be usurious or in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant, stipulation, obligation or agreement of the Governmental Lender or the Funding Lender only to the full extent permitted by law. 13.7 Counterparts/Electronic Signatures. This Funding Loan Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. Delivery of a signature page to, or an executed counterpart of, this document by facsimile, email transmission of a scanned image, or other electronic means, shal l be effective as delivery of an originally executed counterpart. The words “execution,” “signed,” “signature,” and words of like import in this document shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity, or enforceability as a manually executed signature or the use of a paper -based record keeping system, as the case may be, to the extent and as provided for in any applicable law, including, without limitation, Electronic Signatures in Global and National Commerce Act, any other similar state laws 43 4923-1763-8226v4/200936-0009 based on the Uniform Electronic Transactions Act or the Uniform Commercial Code, and the parties hereto hereby waive any objection to the contrary. 13.8 Nonrecourse Obligation of the Borrower. Except as otherwise provided in the Borrower Loan Agreement, any obligations of the Borrower under this Funding Loan Agreement are without recourse to the Borrower or to the Borrower’s partners or members, as the case may be, and the nonrecourse provisions of the Borrower Notes are by this reference incorporated herein. 13.9 Judicial Reference. It is the desire and intention of the parties to agree upon a mechanism and procedure under which any controversy, lawsuit, breach, or dispute arising out of or relating to this Funding Loan Agreement or any other Funding Loan Document will be resolved in a prompt and expeditious manner. Accordingly, any controversy, lawsuit, breach, or dispute arising out of or relating to this Funding Loan Agreement or any other Funding Loan Document or relating to the interpretation of any term or provision of such documents (collectively, “Claim”), shall be heard and determined by a referee appointed and acting pursuant to a consensual general reference purs uant to the provisions of California Code of Civil Procedure, Sections 638, et seq., inclusive (as same may be amended, or any successor statute(s) thereto). It is the parties’ intention that the matter be heard by a single referee. The parties shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a statement of decision which either party may file with the clerk or judge, and judgment shall be entered thereon. If the parties are unable to agree upon a referee within ten (10) days of a written request to do so by any party, then any party may thereafter seek to have a referee appointed pursuant to California Code of Civil Procedure Sections 638 through 640. The parties agree that the referee(s) shall have the power to decide all issues of fact and law and shall report a statement of decision hereon, and to issue all legal and equitable relief appropriate under the circumstances before him or her; provided, however, that the referee shall not have the power to award special, indirect, punitive, incidental or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit), nor any other damages which are not permitted by the express provisions of this agreement, and the parties hereby waive any right to recover any such damages . The parties further agree that referee shall be empowered to rule on any motion which would be authorized in a court proceeding, including without limitation motions for summary judgment or summary adjudication. The parties shall be entitled to conduct all discovery as provided in the California Code of Civil Procedure, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge, with rights to regulate discovery and to issue and enforce subpoenas, protective orders and other limitations on discovery available under California law. the reference proceeding shall be conducted in accordance with California law (including, without limitation, the rules of evidence), and in all regards, the referee shall follow California law applicable at the time of the reference proceeding, without regard to choice of law rules. The parties shall promptly and diligently cooperate with one another and the referee(s) and shall perform such acts as may be necessary to obtain prompt and expeditious resolution of the dispute or controversy in accordance with the terms hereof. In accordance with Section 644 of the California Code of Civil Procedure, the decision of the referee upon the whole issue must stand as the decision of the court, and upon the filing of the statement of decision with the clerk of the court, or with the judge if there is no clerk, judgment may be entered thereon in the same manner as if the action had been tried by the court. Any decision of the referee and/or judgment or other order entered thereon shall be appealable to the same extent and in the same manner that such decision, judgment, or order would be appealable if rendered by a judge of the superior court in which venue is proper hereunder. The referee shall in his/her statement of decision set forth his/her findings of fact and conclusions of law. The referee(s) shall award legal fees and costs (including the fees of the referee(s)) related to this reference proceeding, and to any related litigation, in accordance with the terms of this Funding Loan Agreement. 44 4923-1763-8226v4/200936-0009 (a) Other Remedies. No provision of this Section 13.9 shall limit the right of any party to exercise self-help remedies such as setoff, foreclosure against, or sale of, any real or personal property collateral or security, or to obtain provisional or ancillary remedies from a court of com petent jurisdiction before, after, or during the pendency of any reference proceeding. The exercise of any one or more remedies does not waive the right of either party to resort to reference. At Funding Lender’s option, foreclosure under the Deed of Trust may be accomplished either by exercise of power of sale under the Deed of Trust or by judicial foreclosure. (b) Referee’s Fees and Costs. The referee’s fees and costs shall be paid in accordance with the terms of this Funding Loan Agreement. In the event the prevailing party pays the Referee’s fees and costs, the prevailing party shall be entitled to recover such costs from the non - prevailing party as costs in the same manner as attorneys’ fees and costs. (c) Jury Waiver. By agreeing to judicial reference, the parties, to the fullest extent permitted by applicable law, irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Without intending in any way to limit the provisions of this Section, to the extent any Claim is not submitted to judicial reference, the parties irrevocably and voluntarily waive any right they may have to a trial by jury to the extent permitted by applicable law. WHETHER THE CLAIM IS DECIDED BY JUDICIAL REFERENCE OR BY TRIAL, THE PARTIES AGREE AND UNDERSTAND THAT THE EFFECT OF THIS SECTION IS THAT THEY ARE GIVING UP THE RIGHT TO TRIAL BY JURY. EACH PARTY HERETO (i) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (ii) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS FUNDING LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS, BY AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION, AND (iii) CERTIFIES THAT THIS WAIVER IS KNOWINGLY, WILLINGLY, AND VOLUNTARILY MADE. 13.10 Successor to the Governmental Lender. The Governmental Lender will at all times use its best efforts to maintain the powers, functions, duties and obligations now reposed in it pursuant to law or assure the assumptions of its obligations hereunder by any public trust or political subdivision succeeding to its powers. 13.11 Additional Instruments. The Governmental Lender hereby covenants to execute and deliver, or cause to be executed and delivered, at the expense of the Borrower, such additional instruments and to perform such additional acts, or cause the performance of such additional acts, as may be necessary, in the written opinion of the Funding Lender, acting in good faith, to carry out the intent of this Funding Loan Agreement and the Governmental Lender Notes or to perfect or give further assurances of any of the rights granted, or provided for in this Funding Loan Agreeme nt, the Assignment of Deed of Trust or the other Funding Loan Documents. 13.12 Recycling Transactions. Notwithstanding any provision of this Funding Loan Agreement or the Governmental Lender Notes to the contrary, the Governmental Lender shall be permitted to direct Borrower Notes prepayments to be transferred to a custodian or trustee selected by the Governmental Lender, in lieu of application to prepay a like portion of the Governmental Lender Note, so long as the Governmental Lender simultaneously causes oth er funds to be applied to prepay such portion of the Governmental Lender Notes. The preceding provisions shall apply only for 45 4923-1763-8226v4/200936-0009 purposes of preserving or “recycling” private activity bond volume cap in accordance with Section 146(i)(6) of the Code. S-1 [Riverhouse Hotel - Signature Page to Funding Loan Agreement] 4923-1763-8226v4/200936-0009 IN WITNESS WHEREOF, the Funding Lender and the Governmental Lender have caused this Funding Loan Agreement to be duly executed by their respective r epresentatives as of the date first written above. FUNDING LENDER: CN FINANCING, INC., a California corporation By: Name: Title: S-2 [Riverhouse Hotel - Signature Page to Funding Loan Agreement] 4923-1763-8226v4/200936-0009 GOVERNMENTAL LENDER: COUNTY OF CONTRA COSTA, CALIFORNIA By: John Kopchik, Director Department of Conservation and Development S-3 [Riverhouse Hotel - Signature Page to Funding Loan Agreement] 4923-1763-8226v4/200936-0009 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, in its capacity as Fiscal Agent By: Name: ____________________________________ Title: _____________________________________ A-1 4923-1763-8226v4/200936-0009 EXHIBIT A FORM OF GOVERNMENTAL LENDER NOTES THIS GOVERNMENTAL LENDER NOTE MAY BE OWNED ONLY BY AN “APPROVED TRANSFEREE” (AS SUCH TERM IS DEFINED IN THE FUNDING LOAN AGREEMENT REFERENCED BELOW), AND THE HOLDER HEREOF, BY THE ACCEPTANCE OF THIS GOVERNMENTAL LENDER NOTE (A) REPRESENTS THAT IT IS AN APPROVED TRANSFEREE AND (B) ACKNOWLEDGES THAT IT CAN ONLY TRANSFER THIS GOVERNMENTAL LENDER NOTE OR ANY INTEREST HEREIN TO ANOTHER APPROVED TRANSFEREE IN ACCORDANCE WITH THE TERMS OF THE FUNDING LOAN AGREEMENT. COUNTY OF CONTRA COSTA, CALIFORNIA MULTIFAMILY HOUSING REVENUE NOTE (RIVERHOUSE HOTEL), [2025 SERIES A (TAX EXEMPT)][2025 SERIES B (TAXABLE)] Dated ___________, 2025 $______________ FOR VALUE RECEIVED, the undersigned COUNTY OF CONTRA COSTA (“Obligor”) promises to pay to the order of CN FINANCING, INC., a California corporation (together with its successors and assigns, “Holder”) the maximum principal sum of ____________________ ($____________), on ______________, 2025, or earlier as provided herein, together with interest thereon at the rates, at the times and in the amounts provided below. Obligor shall pay to the Holder on or before each date on which payment is due under that certain Funding Loan Agreement, dated as of _________ 1, 2025 (the “Funding Loan Agreement”), among Obligor, Holder and U.S. Bank Trust Company, National Association, in its capacity as fiscal agent (“Fiscal Agent”), an amount in immediately available funds sufficient to pay the principal amount of and prepayment premium, if any, on the Funding Loan then due and payable, whether by maturity, acceleration, prepayment or otherwise. In the event that amounts held derived from proceeds of the Borrower Loan, condemnation awards or insurance proceeds or investment earnings thereon are applied to the payment of principal due on the Funding Loan in accordance with the Funding Lo an Agreement, the principal amount due hereunder shall be reduced to the extent of the principal amount of the Funding Loan so paid. Capitalized terms not otherwise defined herein shall have the meaning assigned in the Funding Loan Agreement. Obligor shall pay to the Holder on or before each date on which interest on the [Tax Exempt] [Taxable] Portion of the Funding Loan is payable interest on the unpaid balance hereof in an amount in immediately available funds sufficient to pay the interest on the [Tax Exempt] [Taxable] Portion of the Funding Loan then due and payable in the amounts and at the rate or rates set forth in the Funding Loan Agreement. The Funding Loan and this Governmental Lender Note are pass -through obligations relating to a construction loan (the “Borrower Loan”) made by Obligor from proceeds of the Funding Loan to Riverhouse Hotel, L.P., a California limited partnership, as borrower (the “Borrower”), under that A-2 4923-1763-8226v4/200936-0009 certain Borrower Loan Agreement, dated as of _________ 1, 2025 (as the same may be modified, amended or supplemented from time to time, the “Borrower Loan Agreement”), among the Obligor, Holder and the Borrower, evidenced by the [Tax Exempt] [Taxable] Borrower Note (as defined in the Borrower Loan Agreement). Reference is made to the Borrower Loan Agreement and to the [Tax Exempt] [Taxable] Borrower Note for complete payment and prepayment terms of the [Tax Exempt] [Taxable] Borrower Note, payments on which are passed-through under this Governmental Lender Note. This Governmental Lender Note is a limited obligation of the Obligor, payable solely from the Pledged Revenues and other funds and moneys and Security pledged and assigned under the Funding Loan Agreement. None of the Obligor, the State or any political subdivision thereof (e xcept the Obligor, to the limited extent set forth herein) shall in any event be liable for the payment of the principal of, premium (if any) or interest on the Funding Loan or for the performance of any pledge, obligation or agreement of any kind whatsoever with respect thereto except as set forth herein and in the Funding Loan Agreement, and none of the Funding Loan or this Governmental Lender Note or any of the Obligor’s agreements or obligations with respect to the Funding Loan or this Governmental Lender Note shall be construed to constitute an indebtedness of or a pledge of the faith and credit of or a loan of the credit of or a moral obligation of any of the foregoing within the meaning of any constitutional or statutory provision whatsoever. The Obligor has no taxing power. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Funding Loan Agreement or in the Borrower Loan Agreement. This Governmental Lender Note is subject to the express condition that at no time shall interest be payable on this Governmental Lender Note or the Funding Loan at a rate in excess of the Maximum Rate and Obligor shall not be obligated or required to pay, nor shall the Holder be permitted to charge or collect, interest at a rate in excess of such Maximum Rate. If by the terms of this Governmental Lender Note or of the Funding Loan Agreement, Obligor is required to pay interest at a rate in excess of the Maximum Rate, the rate of interest hereunder or thereunder shall be deemed t o be reduced immediately and automatically to the Maximum Rate, and any such excess payment previously made shall be immediately and automatically applied to the unpaid balance of the principal sum hereof and not to the payment of interest. Amounts payable hereunder representing late payments, penalty payments or the like shall be payable to the extent allowed by law. This Governmental Lender Note is subject to all of the terms, conditions, and provisions of the Funding Loan Agreement, including those respecting prepayment and the acceleration of maturity, and those respecting limitations on liability in Article V of the Funding Loan Agreement. If there is an Event of Default under the Funding Loan Documents, then in any such event and subject to the requirements set forth in the Funding Loan Agreement, the Holder may declare the entire unpaid principal balance of this Governmental Lender Note and accrued interest, if any, due and payable at once. All of the covenants, conditions and agreements contained in the Funding Loan Documents are hereby made part of this Governmental Lender Note. No delay or omission on the part of the Holder in exercising any remedy, right or option under this Governmental Lender Note or the Funding Loan Documents shall operate as a waiver of such remedy, right or option. In any event a waiver on any one occasion shall not be construed as a waiver A-3 4923-1763-8226v4/200936-0009 or bar to any such remedy, right or option on a future occasion. The rights, remedies and options of the Holder under this Governmental Lender Note and the Funding Loan Documents are and shall be cumulative and are in addition to all of the rights, remedies and options of the Holder at law or in equity or under any other agreement. Obligor shall pay all costs of collection on demand by the Holder, including without limitation, reasonable attorneys’ fees and disbursements, which costs may be added to the indebtedness hereunder, together with interest thereon, to the extent allowed by law, as set forth in the Funding Loan Agreement, but solely from the Pledged Revenues, the Security, or amounts provided by the Borrower. This Governmental Lender Note may not be changed orally. Presentment for payment, notice of dishonor, protest and notice of protest are hereby waived. The acceptance by the Holder of any amount after the same is due shall not constitute a waiver of the right to require prompt payment, when due, of all other amounts due hereunder. The acceptance by the Holder of any sum in an amount less than the amount then due shall be deemed an acceptance on account only and upon condition that such acceptance shall not constitute a waiver of the obligation of Obligor to pay the entire sum then due, and Obligor’s failure to pay such amount then due shall be and continue to be a default notwithstanding such acceptance of such amount on account, as aforesaid. Consent by the Holder to any action of Obligor which is subject to consent or approval of the Holder hereunder shall not be deemed a waiver of the right to require such consent or approval to future or successive actions. This Governmental Lender Note (and the Funding Loan that it represents), and any interests herein or therein, are transferable by the registered owner hereof, but only in the manner, subject to the limitations and upon payment of the charges provided in the Funding Loan Agreement. Upon such transfer a new fully registered Governmental Lender Note will be issued to the transferee in exchange herefor. The Obligor and the Funding Lender may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Obligor and the Funding Lender shall not be affected by any notice to the contrary. The Obligor hereby certifies that all of the conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Governmental Lender Note do exist, have happened and have been performed in due time, form and manner as required by the Constitution and laws of the State (including the Housing Act) and that t he amount of this Governmental Lender Note, together with all other indebtedness of the Obligor, does not exceed any limit prescribed by the Constitution or laws of the State. A-4 4923-1763-8226v4/200936-0009 IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Governmental Lender Note by its authorized representative as of the date first set forth above. COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic By: Chair of the Board of Supervisors [Signature page to Governmental Lender Note] B-1 4923-1763-8226v4/200936-0009 EXHIBIT B FORM OF REQUIRED TRANSFEREE REPRESENTATIONS ______________, 20___ The undersigned, as owner (the “Holder”) of a loan (the “Funding Loan”) or an interest therein, in the aggregate face amount (maximum principal amount) of $____________ from CN FINANCING, INC., a California corporation (the “Funding Lender”) to the COUNTY OF CONTRA COSTA, CALIFORNIA (the “Governmental Lender”) evidenced by the Governmental Lender’s Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax Exempt), dated as of ______________, 2025 (the “Tax Exempt Governmental Lender Note”) and the Governmental Lender’s Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Taxable), dated as of ______________, 2025 (the “Taxable Governmental Lender Note,” and, together with the Tax Exempt Governmental Lender Note, the “Governmental Lender Notes”), originated pursuant to a Funding Loan Agreement dated as of _________ 1, 2025 (the “Funding Loan Agreement”) among the Funding Lender, the Governmental Lender and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, in its capacity as fiscal agent, hereby represents that: 1. The Holder has sufficient knowledge and experience in financial and business matters with respect to the evaluation of residential real estate developments such as the Project to be able to evaluate the risk and merits of the investment represented by the Funding Loan. The Holder is able to bear the economic risks of such investment. 2. The Holder acknowledges that it has either been supplied with or been given access to information, including financial statements and other financial information, to which a reasonable investor would attach significance in making investment decisions, and the Holder has had the opportunity to ask questions and receive answers from knowledgeable individuals concerning the Governmental Lender, the Project, the use of proceeds of the Governmental Lender Notes and the Funding Loan and the Funding Loan and the security therefor so that, as a reasonable investor, the Holder has been able to make its decision to [extend/purchase] the Governmental Lender Note s and the Funding Loan or an interest therein. In entering into this transaction, the Holder acknowledges that it has not relied upon any representations or opinions of the Governmental Lender relating to the legal consequences to the Funding Lender or other aspects of its making the Funding Loan and acquiring the Governmental Lender Notes, nor has it looked to, nor expected, the Governmental Lender to undertake or require any credit investigation or due diligence reviews relating to the Borrower, its financial condition or business operations, the Project (including the financing or management thereof), or any other matter pertaining to the merits or risks of the transactions contemplated by the Funding Loan Agreement and the Borrower Loan Agreement, or the adequacy of the funds pledged to the Funding Lender to secure repayment of the Governmental Lender Note s. 3. The Holder is an Approved Transferee (as defined in the Funding Loan Agreement). 4. The Holder acknowledges that it is purchasing [an interest in] the Funding Loan for investment for its own account and not with a present view toward resale or the distribution thereof, in that it does not now intend to resell or otherwise dispose of all or any part of its interests in the Funding Loan; provided, however, that the Holder may sell or transfer the Governmental Lender Notes and the Funding Loan as provided in Section 2.4 of the Funding Loan Agreement. B-2 4923-1763-8226v4/200936-0009 5. In the event any placement memorandum to be provided to any subsequent buyer or beneficial owner of such portion of the Funding Loan will disclose information with respect to the Governmental Lender other than its name, location and type of political subdivision and general information with respect to the Funding Loan and Borrower Loan and related documents, the Holder will provide the Governmental Lender with a draft of such placement memorandum and the Governmental Lender shall have the right to approve any description of the Governmental Lender therein (which approval shall not be unreasonably withheld). 6. The Holder understands that the Funding Loan is a limited obligation of the Governmental Lender; payable solely from funds and moneys pledged and assigned under the Funding Loan Agreement, and that the liabilities and obligations of the Governmental Lender with respect to the Funding Loan are expressly limited as set forth in the Funding Loan Agreement and related documents. 7. Capitalized terms used herein and not otherwise defined have the meanings given such terms in the Funding Loan Agreement. [____________], as Holder By: Name: Its: [Signature page to Required Transferee Representations] C-1 4923-1763-8226v4/200936-0009 EXHIBIT C FORM OF WRITTEN REQUISITION OF THE BORROWER To: U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”) under that certain Funding Loan Agreement, dated as of _________ 1, 2025, among CN Financing, Inc., a California corporation, in its capacity as the funding lender, Anaheim Housing Authority, as Governmental Lender, and the Fiscal Agent (the “Funding Loan Agreement”). 1. You are requested to disburse funds from the Project Fund pursuant to Section 7.6 of the Funding Loan Agreement in the amount(s), to the person(s) and for the purpose(s) set forth on Schedule I attached hereto and incorporated herein by reference. An invoice or other appropriate evidence of the obligations described on Schedule I is attached hereto. 2. The undersigned certifies that: (i) there has been received no notice (A) of any lien, right to lien or attachment upon, or claim affecting the right of the payee to receive payment of, any of the moneys payable under such requisition to any of the persons, firms or corporations named therein, and (B) that any materials, supplies or equipment covered by such requisition are subject to any lien or security interest, or if any notice of any such lien, attachment, claim or security interest has been received, such lien, attachment, claim or security interest has been released, discharged, insured or bonded over or will be released, discharged, insured or bonded over upon payment of the requisition; (ii) such requisition contains no items representing payment on account of any percentage entitled to be retained at the date of the certificate; (iii) the obligation stated on the requisition has been incurred in or about the rehabilitation or equipping of the Project, each item is a proper charge against the Project Fund, and the obligation has not been the basis for a prior requisition that has been paid; (iv) such requisition, if to be paid with proceeds of the Tax Exempt Governmental Lender Note, contains no items representing any Costs of Issuance or any other amount constituting an issuance cost under Section 147(g) of the Code; (v) not less than 97% of the sum of: (A) the amounts requisitioned by this Requisition to be funded with the proceeds of the Tax Exempt Governmental Lender Note plus (B) all amounts allocated to the Tax Exempt Governmental Lender Note previously disbursed from the Project Fund, have been or will be applied by the Borrower to pay Qualified Project Costs; (vi) as of the date hereof no event or condition has happened or is happening or exists that constitutes, or that with notice or lapse of time or both, would constitute, an Event of Default under the Funding Loan Agreement; and (vii) attached as Schedule I to this Requisition is an exhibit that allocates the amount requested hereby among the sources for payment. C-2 4923-1763-8226v4/200936-0009 Dated: BORROWER: By: Name: Title: APPROVED: CITY NATIONAL BANK, a national banking association, in its capacity as servicing agent to funding lender By: Name: Title: I-1 4923-1763-8226v4/200936-0009 SCHEDULE I INVOICE Stradling Draft of 9/18/25 4906-0806-7411v5/200936-0009 BORROWER LOAN AGREEMENT among COUNTY OF CONTRA COSTA, CALIFORNIA, as Governmental Lender, RIVERHOUSE HOTEL, L.P. a California limited partnership and CN FINANCING, INC., as Funding Lender Dated as of ___________ 1, 2025 relating to: $[29,238,977] County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax-Exempt) and $___________ County of Contra Costa, California Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B (Taxable) The interest of the Governmental Lender in this Borrower Loan Agreement (except for certain rights described herein) has been pledged and assigned to CN Financing, Inc., as funding lender (the “Funding Lender”), under that certain Funding Loan Agreement, of even date herewith, by and between the County of Contra Costa, California (the “Governmental Lender”) and the Funding Lender, under which the Funding Lender is originating a loan to the Governmental Lender to fund the Borrower Loan made under this Borrower Loan Agreement. TABLE OF CONTENTS Page i 4906-0806-7411v5/200936-0009 ARTICLE I PRINCIPLES OF CONSTRUCTION; DEFINITIONS 1.1 Principles of Construction ..................................................................................................... 1 1.2 Definitions ............................................................................................................................. 2 ARTICLE II GENERAL 2.1 Origination of Borrower Loan ............................................................................................. 10 2.2 Security for the Funding Loan ............................................................................................. 10 2.3 Loan; Borrower Notes; Conditions to Closing .................................................................... 12 2.4 Borrower Loan Payments .................................................................................................... 13 2.5 Additional Borrower Payments ........................................................................................... 13 2.6 Overdue Payments; Payments if Default ............................................................................. 14 2.7 Borrower Loan Disbursements ............................................................................................ 14 2.8 Disbursement into Project Fund .......................................................................................... 14 ARTICLE III REPRESENTATIONS AND WARRANTIES 3.1 Borrower Representations ................................................................................................... 15 3.2 Survival of Representations and Covenants ........................................................................ 21 ARTICLE IV AFFIRMATIVE COVENANTS 4.1 Existence ............................................................................................................................. 21 4.2 Taxes and Other Charges ..................................................................................................... 21 4.3 Repairs; Maintenance and Compliance; Physical Condition .............................................. 22 4.4 Litigation ............................................................................................................................. 22 4.5 Performance of Other Agreements ...................................................................................... 22 4.6 Notices ................................................................................................................................. 22 4.7 Cooperate in Legal Proceedings .......................................................................................... 22 4.8 Further Assurances .............................................................................................................. 22 4.9 Governmental Lender’s and Funding Lender’s Fees .......................................................... 23 4.10 Expenses .............................................................................................................................. 23 4.11 Indemnity ............................................................................................................................. 24 4.12 No Warranty of Condition or Suitability by Lenders .......................................................... 26 4.13 Notice of Default ................................................................................................................. 26 4.14 Covenant With Governmental Lender and Funding Lender ............................................... 26 4.15 Obligation of the Borrower to Construct or Rehabilitate the Project .................................. 26 4.16 Tax Covenants ..................................................................................................................... 26 4.17 Arbitrage Rebate .................................................................................................................. 31 4.18 Covenants Under Funding Loan Agreement ....................................................................... 32 TABLE OF CONTENTS (continued) Page ii 4906-0806-7411v5/200936-0009 ARTICLE V NEGATIVE COVENANTS 5.1 Dissolution ........................................................................................................................... 32 5.2 Change in Business or Operation of Property ..................................................................... 32 5.3 Transfers .............................................................................................................................. 32 5.4 No Hedging Arrangements .................................................................................................. 32 ARTICLE VI DEFAULTS 6.1 Events of Default ................................................................................................................. 32 6.2 Remedies ............................................................................................................................. 33 ARTICLE VII MISCELLANEOUS 7.1 Notices ................................................................................................................................. 34 7.2 Survival ............................................................................................................................... 35 7.3 Preferences .......................................................................................................................... 35 7.4 Construction of Documents ................................................................................................. 35 7.5 No Third Party Beneficiaries ............................................................................................... 35 7.6 Governmental Lender, Funding Lender and Servicer Not in Control; No Partnership ....... 35 7.7 Term of Borrower Loan Agreement .................................................................................... 36 7.8 Reimbursement of Expenses ............................................................................................... 36 7.9 Governing Law .................................................................................................................... 36 7.10 Successors and Assigns ....................................................................................................... 36 7.11 Severability .......................................................................................................................... 36 7.12 Entire Agreement; Amendment and Waiver ....................................................................... 37 7.13 Counterparts/Electronic Signatures ..................................................................................... 37 7.14 Captions ............................................................................................................................... 37 7.15 Time of the Essence............................................................................................................. 37 7.16 Judicial Reference ............................................................................................................... 37 7.17 Servicer ................................................................................................................................ 39 ARTICLE VIII LIMITATIONS ON LIABILITY 8.1 Limitation on Liability ........................................................................................................ 39 8.2 Limitation on Liability of Governmental Lender ................................................................ 39 8.3 Waiver of Personal Liability ............................................................................................... 40 8.4 Limitation on Liability of Governmental Lender’s and Funding Lender’s Commissioners, Officers, Employees, Etc ..................................................................................................... 40 1 4906-0806-7411v5/200936-0009 BORROWER LOAN AGREEMENT THIS BORROWER LOAN AGREEMENT (as amended, modified, supplemented, and replaced from time to time, this “Borrower Loan Agreement”), dated as of _________1, 2025, is by and among the COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic, duly organized and validly existing under the laws of the State of California (together with its successors and assigns, the “Governmental Lender”), RIVERHOUSE HOTEL, L.P. a California limited partnership (together with its successors and assigns, the “Borrower”) and CN FINANCING, INC., a California corporation (together with its successors and assigns, the “Funding Lender”). RECITALS: WHEREAS, pursuant to the provisions of the Act (as defined herein), the Governmental Lender is authorized (a) to make mortgage loans to any person to provide financing for residential rental developments located within the jurisdiction of any of its member s and intended to be occupied in part or in whole by persons of low and very low income; (b) to borrow funds for the purpose of obtaining moneys to make such loans and provide such financing; and (c ) to pledge the revenues and receipts to be received by the Governmental Lender from or in connection with such loans, and to mortgage, pledge or grant security interests in such loans or other property of the Governmental Lender in order to secure the repayment of any such borrowing by the Governmental Lender; a nd WHEREAS, the Borrower has applied to the Governmental Lender for the Borrower Loan (as defined herein) to pay costs of the acquisition, rehabilitation and development of the Project (as defined herein); and WHEREAS, the Borrower’s repayment obligations under this Borrower Loan Agreement are evidenced by the Borrower Notes (as defined herein); and WHEREAS, the Borrower has requested the Governmental Lender to enter into that certain Funding Loan Agreement, (as defined herein) pursuant to which the Funding Lender will make the Funding Loan (as defined herein) to the Governmental Lender, the proceeds of which will be loaned under this Borrower Loan Agreement to the Borrower to finance the acquisition, rehabilitation, development and equipping of the Project; and; WHEREAS, the Borrower Loan is secured by, among other things, the Deed of Trust (as defined herein). AGREEMENT: NOW, THEREFORE, in consideration of the premises and the mutual representations, covenants and agreements herein contained, the parties he reto do hereby agree as follows: ARTICLE I PRINCIPLES OF CONSTRUCTION; DEFINITIONS 1.1 Principles of Construction. For all purposes of this Borrower Loan Agreement, except as otherwise expressly provided or unless the context otherwise requires: 2 4906-0806-7411v5/200936-0009 (a) Unless specifically defined herein, all capitalized terms shall have the meanings ascribed thereto in the Deed of Trust or, if not defined in the Deed of Trust, in the Funding Loan Agreement. (b) Unless otherwise specified, (i) all references to sections and schedules are to those in this Borrower Loan Agreement, (ii) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Borrower Loan Agreement as a whole and not to any particular provision, (iii) all definitions are equally applicable to the singular and plural forms of the terms defined and (iv) the word “including” means “including but not limited to.” 1.2 Definitions. The following terms, when used in this Borrower Loan Agreement (including when used in the above recitals), shall have the following meanings: “Act” shall mean Chapter 7 of Part 5 of Division 31 (commencing with Section 52075) of the California Health and Safety Code, as amended from time to time. “Additional Borrower Payments” shall mean the payments payable pursuant to Section 2.5 (Additional Borrower Payments), Section 2.6 (Overdue Payments; Payments in Default) and Section 4.10 (Expenses) hereof, and Section 18 of the Covenant Agreement and Section 10 of the Borrower Notes. “Authorized Borrower Representative” shall mean a person at the time designated and authorized to act on behalf of the Borrower by a written certificate furnished to the Governmental Lender, the Funding Lender and Fiscal Agent and containing the specimen signature of such person and signed on behalf of the Borrower which certificate may designate one or more alternates. “Borrower” shall have the meaning set forth in the first paragraph of this Borrower Loan Agreement. “Borrower Loan” shall mean the loan made by the Governmental Lender to the Borrower pursuant to this Borrower Loan Agreement, in the maximum principal amount of the Borrower Loan Amount, as evidenced by the Borrower Notes. “Borrower Loan Amount” shall mean $_________, being the original maximum aggregate principal amount of the Borrower Notes. “Borrower Loan Documents” shall mean this Borrower Loan Agreement, the Covenant Agreement, the Borrower Notes, the Deed of Trust, the Environmental Indemnity Agreement, the Guaranty, and all other documents or agreements evidencing, securing or otherwise pe rtaining to the Borrower Loan as more particularly described in the Covenant Agreement, as the same may be amended, modified, supplemented or replaced from time to time. “Borrower Loan Payments” shall mean the monthly loan payments payable pursuant to the Borrower Notes. “Borrower Loan Proceeds” shall mean proceeds of the Borrower Loan, to be disbursed in accordance with Section 2.7 of this Borrower Loan Agreement and the terms of the Covenant Agreement. 3 4906-0806-7411v5/200936-0009 “Borrower Notes” shall mean, collectively, the Tax Ex empt Borrower Note and the Taxable Borrower Note. “Borrower Payment Obligations” shall mean all payment obligations of the Borrower under the Borrower Loan Documents, including, but not limited to, the Borrower Loan Payments and the Additional Borrower Payments. “Business Day” shall mean any day other than (i) a Saturday or Sunday, or (ii) a day on which Funding Lender is authorized or obligated by law, regulation, governmental decree or executive order to be closed. “Closing Date” shall mean ______, 2025, being the date that the initial Borrower Loan Proceeds are disbursed hereunder. “CNF” shall mean CN Financing, Inc., a California corporation, in its capacity as the Funding Lender and as the assignee and agent of the Governmental Lender with respect to the Borrower Loan pursuant to the terms of the Funding Loan Agreement. “Code” shall mean the Internal Revenue Code of 1986 as in effect on the Closing Date or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the Closing Date, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. “Collateral” shall mean all collateral described in (i ) this Borrower Loan Agreement (including, without limitation, all property in which the Governmental Lender and the Funding Lender is granted a security interest pursuant to any provision of this Borrower Loan Agreement), (ii) the Deed of Trust, or (iii) any other document securing the Borrower Loan, which Collateral shall include the Project, all of which collateral (exclusive of the Unassigned Rights) is pledged and assigned to Fund ing Lender under the Funding Loan Agreement to secure the Funding Loan. “Computation Date” shall have the meaning ascribed thereto in Section 1.148-3(e) of the Regulations. “Costs of Funding” shall mean the Governmental Lender’s Closing Fee (if any) and th e fees, costs, expenses and other charges incurred in connection with the funding of the Borrower Loan and the Funding Loan, the negotiation and preparation of this Borrower Loan Agreement and each of the other Borrower Loan Documents and Funding Loan Documents and shall include, but shall not be limited to, the following: (i) counsel fees (including but not limited to Tax Counsel, counsel to the Governmental Lender, Borrower’s counsel and Funding Lender’s counsel); (ii) financial advisor fees incurred in connection with the closing of the Borrower Loan and the Funding Loan; (iii) certifying and authenticating agent fees and expenses related to funding of the Funding Loan; (iv) printing costs (for any preliminary and final offering materials relating to the Funding Loan); (v) any recording fees; (vi) any additional fees charged by the Governmental Lender including the fees and expenses of the Governmental Lender’s financial advisor; and (vii ) costs incurred in connection with any required public notices generally and costs of any public hearing related to the Funding Loan and the financing of the Project with the proceeds thereof. “County” shall mean the County of Contra Costa, California. 4 4906-0806-7411v5/200936-0009 “Covenant Agreement” shall mean that certain Construction Loan Covenant Agreement of even date herewith, between CNF and Borrower, pursuant to which the Borrower Loan will be advanced to the Borrower and setting forth certain provisions relating to disbursement of the Borrower Loan during construction and other matters, as such agreement may be amended, modified, supplemented and replaced from time to time. “Day” or “Days” shall mean calendar days unless expressly stated to be Business Days. “Deed of Trust” shall mean the Construction Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing of even date herewith executed by Borrower for the benefit of Funding Lender encumbering the Project and securing the Borrower Loan, as amended, modified, supplemented, and replaced from time to time. “Default Rate” shall have the meaning given to that term in the Borrower Note. “Determination of Taxability” shall mean (i) a determination by the Commissioner or any District Director of the Internal Revenue Service, (ii) a private ruling or Technical Advice Memorandum concerning the Tax Exempt Governmental Lender Note issued by the National Office of the Internal Revenue Service in which Governmental Lender and Borrower were afforded the opportunity to participate, (iii) a determination by any court of competent jurisdiction, (iv) the enactment of legislation or (v) receipt by the Funding Lender, at the request of the Governmental Lender, the Borrower or the Funding Lender, of an opinion of Tax Counsel, in each case to the effect that the interest on the Tax Exempt Governmental Lender Note is includable in gross income for federal income tax purposes of any holder or any former holder of all or a portion of the Tax Exempt Governmental Lender Note, other than a holder who is a “substantial user” of the Project or a “related person” (as such terms are defined in Section 147(a) of the Code); provided, however, that no such Determination of Taxability under clause (i) or (iii) shall be deemed to have occurred if the Governmental Lender (at the sole expense of the Borrower), the Funding Lender (at the sole expense of the Borrower) or the Borrower is contesting such determination, has elected to contest such determination in good faith and is proceeding with all applicable dispatch to prosecute such contest until the earliest of (a) a final determination from which no appeal may be taken with respect to such determination, (b) abandonment of such appeal by the Governmental Lender or the Borrower, as the case may be, or (c) one year from the date of initial determination. “Environmental Indemnity Agreement” shall mean the Environmental Indemnity Agreement, dated as of the date thereof, executed by the Borrower and the Guarantor for the benefit of the Funding Lender and Governmental Lender. “Event of Default” shall mean any Event of Default set forth in Section 6.1 of this Borrower Loan Agreement. An Event of Default shall “exist” if a Potential Default shall have occurred and be continuing beyond any applicable cure period. “Excess Revenues” shall have the meaning ascribed thereto in Section 2.2(e) hereof. “Exchange Act” shall mean the Securities Exchange Act of 1934, as amended. “Fair Market Value” shall mean the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an 5 4906-0806-7411v5/200936-0009 established securities market (within the meaning of Section 1273 of the Code) and, otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) the investment is an interest in any commingled investment fund in which the Governmental Lender and related parties do not own more than a ten percent (10%) beneficial interest therein if the return paid by the fund is without regard to the source of investment. “Fiscal Agent” shall mean U.S. Bank Trust Company, National Association, in its capacity as the fiscal agent under the Funding Loan Agreement. “Funding Lender” shall mean CN Financing, Inc., a California corporation, in its capacity as lender under the Funding Loan. “Funding Loan” shall mean the Funding Loan in the original maximum principal amount of $___________ made by Funding Lender to Governmental Lender under the Funding Loan Agreement, the proceeds of which are used by the Governmental Lender to make the Borrower Loan. “Funding Loan Agreement” shall mean the Funding Loan Agreement, of even date herewith, by and among the Governmental Lender, the Funding Lender and Fiscal Agent, as it may from time to time be amended, modified, supplemented or replaced from time to time. “Funding Loan Documents” shall have the meaning given to that term in the Funding Loan Agreement. “General Partner” shall mean, collectively, (i) Riverhouse Hotel LLC, a California limited liability company, as the general partner, and/or (ii) any other Person that the partners of the Borrower, with the prior written approval of the Funding Lender (or as otherwise permitted without the Funding Lender’s approval pursuant to the Borrower Loan Documents), selected to be a general partner of the Borrower. “Governmental Authority” shall mean (i) any governmental municipality or political subdivision thereof, (ii) any governmental or quasi-governmental agency, authority, board, bureau, commission, department, instrumentality or public body, or (iii) any court, administrative tribunal or public utility, agency, commission, office or authority of any nature whatsoever for any governmental unit (federal, state, county, district, municipal, city or otherwise), now or hereafter in existence. “Governmental Lender” shall have the meaning set forth in the first paragraph of this Borrower Loan Agreement. “Governmental Lender Notes” shall mean, collectively, the Tax Exempt Governmental Lender Note and the Taxable Governmental Lender Note. 6 4906-0806-7411v5/200936-0009 “Governmental Lender’s Closing Fee” shall mean the fees of the Governmental Lender to be paid on the Closing Date in the amount and payable as set forth in Section 20 of the Regulatory Agreement. “Gross Proceeds” shall mean, without duplication, the aggregate of: (a) the net amount (after payment of all expenses of originating the Funding Loan) of Funding Loan proceeds received by the Governmental Lender as a result of the origination of the Funding Loan; (b) all amounts received by the Governmental Lender as a result of the investment of the Funding Loan proceeds; (c) any amounts held in any fund or account to the extent that the Governmental Lender reasonably expects to use the amounts in such fund to pay any portion of the Funding Loan; and (d) any securities or obligations pledged by the Governmental Lender or by the Borrower as security for the payment of any portion of the Funding Loan. “Guarantor” shall mean, any person or entity which may hereafter become a guarantor of any of the Borrower’s obligations under the Borrower Loan. “Guaranty” shall mean any guaranty of any of the Borrower’s obligations under the Borrower Loan Documents. “Improvements” shall mean the 84-unit (including 1 managers’ unit) multifamily residential rental project to be constructed upon the Land and known or to be known as the “Riverhouse Hotel,” and all other buildings, structures, fixtures, wiring, systems, equipment and other improvements and personal property to be constructed, rehabilitated and/or installed at or on the Land in accordance the Plans and Specifications. “Indemnified Party” shall have the meaning set forth in Section 4.11 hereof. “Interest Rate” shall mean the rate of interest accruing on the Borrower Loan pursuant to the Borrower Note. “Land” shall mean the real property described on Exhibit A to the Deed of Trust. “Legal Requirements” shall mean statutes, laws, rules, orders, regulations, ordinances, judgments, decrees and injunctions of Governmental Authorities affecting all or part of the Project or any property (including the Project) or the construction, rehabilitation, use, alteration or operation thereof, whether now or hereafter enacted and in force, and all permits, licenses and authorizations and regulations relating thereto, and all covenants, agreements, restrictions and encumbrances contained in any instrument, either of record or known to the Borrower, at any time in force affecting all or part of the Project, including any that may (i ) require repairs, modifications or alterations in or to all or part of the Project, or (ii) in any way limit the use and enjoyment thereof. “Nonpurpose Investment” shall mean any investment property (as defined in Section 148(b) of the Code) that is acquired with the Gross Proceeds of the Funding Loan and which is not acquired to carry out the governmental purpose of the Funding Loan. 7 4906-0806-7411v5/200936-0009 “Ongoing Governmental Lender Fee” shall mean the annual fee of the Governmental Lender in the amount, and payable, as set forth in Section 20 of the Regulatory Agreement. “Partnership Agreement” shall mean that certain First Amended and Restated Agreement of Limited Partnership of the Borrower, dated as of ________ 1, 2025 as executed and in effect on the Closing Date, as the same may be amended, restated or modified in accordance with its terms. “Person” shall mean a natural person, a partnership, a joint venture, an unincorporated association, a limited liability company, a corporation, a trust, any other legal entity, or any Governmental Authority. “Plans and Specifications” shall mean the plans and specifications for the construction and/or rehabilitation, as the case may be, of the Project approved by Funding Lender pursuant to the Covenant Agreement. “Potential Default” shall mean the occurrence of an event which, under this Borrower Loan Agreement or any other Borrower Loan Document, would, but for the giving of notice or passage of time, or both, be an Event of Default. “Project” shall mean the Property and Improvements thereon owned by the Borrower and encumbered by the Deed of Trust, together with all rights pertainin g to such real property and Improvements, as more particularly described in the Deed of Trust. “Project Fund” means the Project Fund established with the Fiscal Agent under the Funding Loan Agreement. “Property” shall have the meaning given to that term in the Deed of Trust. “Qualified Project Costs” shall mean costs paid with respect to the Project that meet each of the following requirements: (i) the costs are properly chargeable to capital account (or would be so chargeable with a proper election by the Borrower or but for a proper election by the Borrower to deduct such costs) in accordance with general federal income tax principles and in accordance with Section 1.103-8(a)(1) of the Regulations, provided, however, that only such portion of the interest accrued during rehabilitation or construction of the Project shall be eligible to be a Qualified Project Cost as is so capitalized and as bears the same ratio to all such interest as the Qualified Project Costs bear to all costs of the acquisition and construction or rehabilitation of the Project; and provided further that interest accruing after the date of completion of the construction or rehabilitation of the Project shall not be a Qualified Project Cost; and provided still further that if any portion of the Project is being constructed or rehabilitated by a Borrower Affiliate (whether as general contractor or a subcontractor), Qualified Project Costs shall include only (A) the actual out of pocket costs incurred by such Affiliate in constructing or rehabilitating the Project (or any portion thereof) and (B) any overhead expenses incurred by such Affiliate which are directly attributable to the work performed on the Project, and shall not include, for example, intercompany profits resulting from members of an “affiliated group” (within the meaning of Section 1504 of the Code) participating in the construction or rehabilitation of the Project or payments received by such Affiliate due to early completion of the Project (or any portion thereof); (ii) the costs are paid with respect to a qualified residential rental project or projects within the meaning of Section 142(d) of the Code, (iii) the costs are paid after the earlier of 60 days prior to September 10, 2024, being the date on which the Governing Board of the Governmental Lender adopted Resolution No. 2024-299 declaring its “official intent” to reimburse costs paid with respect to 8 4906-0806-7411v5/200936-0009 the Project (within the meaning of Section 1.150-2 of the Regulations) or the date of issue of the Tax Exempt Governmental Lender Note, and (iv) if the costs of the acquisition and construction or rehabilitation, as the case may be, of the Project were previously paid and are to be reimbursed with proceeds of the Funding Loan such costs were (A) “preliminary expenditures” (within the meaning of Section 1.150 2(f)(2) of the Regulations) with respect to the Project (such as architectural, engineering and soil testing services) incurred before commencement of acquisition and construction or rehabilitation, as the case may be, of the Project that do not exceed twenty percent (20%) of the issue price of the Tax Exempt Governmental Lender Note (as defined in Section 1.148-1 of the Regulations), or (B) were capital expenditures with respect to the Project that are reimbursed no later than 18 months after the later of the date the expenditure was paid or the date the Project is placed in service (but no later than three years after the expenditures is paid); provided, however, that (w ) Costs of Funding shall not be deemed to be Qualified Project Costs; (x) fees, charges or profits (including, without limitation, developer fees) payable to the Borrower or a “related person” (within the meaning of Section 144(a)(3) of the Code) shall not be deemed to be Qualified Project Costs; (y) letter of credit fees and municipal bond insurance premiums which represent a transfer of credit risk shall be allocated between Qualified Project Costs and other costs and expenses to be paid from the proceeds of the Tax Exempt Portion of the Funding Loan; and (z) letter of credit fees and municipal bond insurance premiums which do not represent a transfer of credit risk (including, without limitation, letter of credit fees payable to a “related person” to the Borrower) shall not constitute Qualified Project Costs. “Rebate Analyst” shall mean the rebate analyst selected by the Borrower and acceptable to the Governmental Lender and the Funding Lender “Rebate Analyst’s Fee” shall mean the fee of the Rebate Analyst. The Rebate Analyst’s Fee is payable by the Borrower to the Rebate Analyst. “Regulatory Agreement” shall mean the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, by and between the Governmental Lender and the Borrower, as in effect on the Closing Date and as it may thereafter be amended or modified in accordance with its terms. “Servicer” shall mean the Servicer as defined in Section 7.17 hereof. “State” shall mean the State of California. “Taxable Borrower Loan Amount” shall mean $____________, being the maximum aggregate principal amount of the Taxable Borrower Note. “Taxable Borrower Note” shall mean that certain Promissory Note Secured by Deed of Trust of even date herewith in the original principal amount of $________ made by Borrower and payable to Governmental Lender, as endorsed and assigned to the Funding Lender, as it may be amended, modified, supplemented or replaced from time to time. “Taxable Governmental Lender Note” shall mean the Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B (Taxable) dated the Closing Date in the original maximum principal amount of $_________, as it may be amended, modified, supplemented or replaced from time to time. 9 4906-0806-7411v5/200936-0009 “Taxable Portion of the Borrower Loan” shall mean the loan made by the Governmental Lender to the Borrower pursuant to this Borrower Loan Agreement, in the maximum principal amount of the Taxable Borrower Loan Amount, as evidenced by the Taxable Borrower Note. “Taxable Portion of the Funding Loan” shall have the meaning set forth in the F unding Loan Agreement. “Tax Counsel” shall have the meaning set forth in the Funding Loan Agreement. “Taxes” shall mean all real estate and personal property taxes, assessments, water rates or sewer rents, now or hereafter levied or assessed or imposed aga inst all or part of the Project. “Tax Credit Investor” has the meaning given to that term in the Covenant Agreement. “Tax Exempt Borrower Loan Amount” shall mean $[29,238,977], being the maximum aggregate principal amount of the Tax Exempt Borrower Note. “Tax Exempt Borrower Note” shall mean that certain Promissory Note Secured by Deed of Trust of even date herewith in the original principal amount of $[29,238,977] made by Borrower and payable to Governmental Lender, as endorsed and assigned to the Funding Lender, as it may be amended, modified, supplemented or replaced from time to time. “Tax Exempt Governmental Lender Note” shall mean the Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax Exempt) dated the Closing Date in the original maximum principal amount of $[29,238,977], as it may be amended, modified, supplemented or replaced from time to time. “Tax Exempt Portion of the Borrower Loan” shall mean the loan made by the Governmental Lender to the Borrower pursuant to this Borrower Loan Agreement, in the maximum principal amount of the Tax Exempt Borrower Loan Amount, as evidenced by the Tax Exempt Borrower Note. “Tax Exempt Portion of the Funding Loan” shall have the meaning set forth in the Funding Loan Agreement. “Term” shall mean the term of this Borrower Loan Agreement pursuant to Section 7.7. “Title Company” shall mean Old Republic Title Company. “Title Insurance Policy” shall mean the mortgagee title insurance policy, in form acceptable to the Funding Lender, issued with respect to the Property and insuring the lien of the Deed of Trust. “Unassigned Rights” shall have the meaning given to that term in the Funding Loan Agreement. “Written Consent” and “Written Notice” shall mean a written consent or notice signed by an Authorized Borrower Representative or an authorized representative of the Governmental Lender or the Funding Lender, as appropriate. 10 4906-0806-7411v5/200936-0009 ARTICLE II GENERAL 2.1 Origination of Borrower Loan. In order to provide funds for the purposes provided herein, the Governmental Lender agrees that it will, in accordance with the Act, enter into the Funding Loan Agreement and accept the Funding Loan from the Funding Lender. The proceeds of the Funding Loan shall be advanced by the Funding Lender to the Borrower in accordance with the terms of t he Covenant Agreement and this Borrower Loan Agreement. The Governmental Lender hereby appoints the Funding Lender as its agent with full authority and power to act on its behalf (other than with respect to the Unassigned Rights) to disburse the Borrower Loan for the account of the Governmental Lender, to take all actions and exercise all remedies with respect to the Borrower Loan, and for the other purposes set forth in this Borrower Loan Agreement and to do all other acts necessary or incidental to the pe rformance and execution thereof. This appointment is coupled with an interest and is irrevocable except as expressly set forth herein. Accordingly, references to the rights of the Funding Lender to take actions under this Borrower Loan Agreement shall refer to Funding Lender in its role as agent of the Governmental Lender. Borrower hereby consents to all such assignments and appointment of Funding Lender as agent of the Governmental Lender. The Funding Lender may, in its discretion, designate Servicer to fulfill the rights and responsibilities granted by Governmental Lender to Funding Lender pursuant to this Section 2.1. 2.2 Security for the Funding Loan. (a) As security for the Funding Loan, the Governmental Lender has pledged and assigned to the Funding Lender under and pursuant to the Funding Loan Agreement (a) the Borrower Notes and all of its right, title and interest in and to this Borrower Loan Agreement and the Borrower Loan Documents (except for the Unassigned Rights) and all revenues and receipts theref rom and the security therefor (including the Deed of Trust) and (b) the amounts on deposit from time to time in any and all funds established under the Funding Loan Agreement. All revenues and assets pledged and assigned thereby shall immediately be subject to the lien of such pledge without any physical delivery thereof or any further act, except in the case of the Borrower Notes, which shall be delivered to the Funding Lender. The Borrower hereby acknowledges and consents to such assignment to the Funding Lender. (b) With respect to the Unassigned Rights, subject to the limitations set forth in this Section, the Governmental Lender may: (i) Tax Covenants. Seek specific performance of, and enforce, the covenants in Section 8.6 of the Funding Loan Agreement, the provisions of the Regulatory Agreement, the Tax Certificate and the covenants of the Borrower in Section 4.16 of this Borrower Loan Agreement, and seek injunctive relief against acts which may be in violation of any of the foregoing covenants; (ii) Regulatory Agreement. Seek specific performance of the obligations of the Borrower or any other owner of the Project under the Regulatory Agreement and injunctive relief against acts which may be in violation of the Regulatory Agreement or otherwise in accordance with the provisions of the Regulatory Agreement; provided, however, 11 4906-0806-7411v5/200936-0009 that the Governmental Lender may enforce any right it may have under the Regulatory Agreement for monetary damages only against Excess Revenues (defined below), if any, of the Borrower, unless Funding Lender otherwise specifically consents in writing to the use of other funds; and (iii) Unassigned Rights. Take whatever action at law or in equity which appears necessary or desirable to enforce the other Unassigned Rights; provided, however, that the Governmental Lender or any person under its control may only enforce any right it may have for monetary damages against Excess Revenues, if any, of the Borrower, unless Funding Lender otherwise specifically consents in writing to the enforcement against other funds of the Borrower. (c) In no event shall the Governmental Lender, except at the express written direction of the Funding Lender: (i) prosecute its action to a lien on the Project; or (ii) except in connection with actions permitted under Section 2.2(b) above, take any action which may have the effect, directly or indirectly, of impairing the ability of the Borrower to timely pay the principal of, interest on, or other amounts due under, the Borrower Loan or which the Governmental Lender has reason to know or exp ect would have the effect, of causing the Borrower to file a petition seeking reorganization, arrangement, adjustment or composition of or in respect of the Borrower under any applicable liquidation, insolvency, bankruptcy, rehabilitation, composition, reorganization, conservation or other similar law in effect now or in the future; or (iii) interfere with the exercise by Funding Lender or Servicer of any of their rights under the Borrower Loan Documents upon the occurrence of an event of default by the Borrower under the Borrower Loan Documents or the Funding Loan Documents; or (iv) take any action to accelerate or otherwise enforce payment or seek other remedies with respect to the Borrower Loan or the Funding Loan. (d) The Governmental Lender shall provide Written Notice to the Funding Lender and the Servicer immediately upon taking any action at law or in equity to exercise any remedy or direct any proceeding under the Borrower Loan Documents or the Funding Loan Documents. (e) As used in this Section 2.2, the term “Excess Revenues” means, for any period, the net cash flow of the Borrower available for distribution or payment to shareholders, members or partners (as the case may be) for such period, after the payment of all interest expense, the amortization of all principal of all indebtedness coming due during such period (whether by maturity, mandatory sinking fund payment, acceleration or otherwise) with respect to the Project, the payment of all fees, costs and expenses on an occasional or recurring basis in connection wi th the Borrower Loan or the Funding Loan, the payment of all operating, overhead, ownership and other expenditures of the Borrower directly or indirectly in connection with the Project (whether any such expenditures are current, capital or extraordinary expenditures), and the setting aside of all reserves for taxes, insurance, water and sewer charges or other similar impositions, capital expenditures, repairs and replacements and all other amounts which the Borrower is required to set aside pursuant to agreement, but excluding depreciation and amortization of intangibles. 12 4906-0806-7411v5/200936-0009 2.3 Loan; Borrower Notes; Conditions to Closing. (a) The Funding Loan shall be funded from the Project Fund maintained by the Fiscal Agent pursuant to the Funding Loan Agreement (except as may othe rwise be provided in the Funding Loan Agreement) upon satisfaction of the conditions set forth in this Borrower Loan Agreement and the Covenant Agreement, in one or more installments not to exceed the Borrower Loan Amount in accordance with the disbursement procedures set forth in the Covenant Agreement. Upon funding of each installment of the Tax Exempt Portion of the Funding Loan, the Governmental Lender shall be deemed to have made the Tax Exempt Portion of the Borrower Loan to the Borrower in a like principal amount. Upon funding of each installment of the Taxable Portion of the Funding Loan, the Governmental Lender shall be deemed to have made the Taxable Portion of the Borrower Loan to the Borrower in a like principal amount. Borrower acknowledges t hat amounts of the Funding Loan funded directly to Borrower shall constitute the disbursement of the Borrower Loan. The Borrower Loan shall mature and be payable at the times and in the amounts required under the terms hereof and of the Borrower Notes. The proceeds of the Borrower Loan shall be used by the Borrower to pay costs of the acquisition, construction and equipping of the Project. The Borrower hereby accepts the Borrower Loan and acknowledges that the Governmental Lender shall cause the Funding Lender to fund the Borrower Loan in the manner set forth herein, in the Funding Loan Agreement and in the Covenant Agreement. The Governmental Lender acknowledges that the Borrower Loan shall be funded by the Funding Lender for the account of the Governmental Lender. (b) The Borrower hereby accepts the Borrower Loan. As evidence of its obligation to repay the Borrower Loan, simultaneously with its execution and delivery of this Borrower Loan Agreement, the Borrower hereby agrees to execute and deliver the Bor rower Notes. The Borrower Loan shall mature and be payable at the times and in the amounts required under the terms hereof and of the Borrower Notes. (c) Closing of the Borrower Loan on the Closing Date shall be conditioned upon satisfaction or waiver by the Funding Lender in its sole discretion of each of the conditions precedent to closing set forth in the Covenant Agreement and the following: (i) evidence of proper recordation of the Deed of Trust, an assignment of the Deed of Trust from the Governmental Lender to the Funding Lender, the Regulatory Agreement, and each of the other documents specified for recording in instructions delivered to the Title Company by or on behalf of the Funding Lender (or that such documents have been delivered to an authorized agent of the Title Company for recordation under binding recording instructions from Funding Lender’s counsel; and (ii) delivery into escrow with the Title Company (or separate escrow company, if applicable) of all amounts required to be paid in connection with the origination of the Borrower Loan and the Funding Loan and any underlying real estate transfers or transactions, all as specified in written instructions delivered to the Title Company by or on behalf of the Funding Lender; and (iii) Borrower shall have paid (or will pay concurrently with the issuance of the Governmental Lender Notes, the initial Fiscal Agent Fees (as defined in the Funding Loan Agreement); and 13 4906-0806-7411v5/200936-0009 (iv) payment of all fees payable in connection with the closing of the Borrower Loan including the Governmental Lender’s Closing Fee and the initial fees and expenses of the Funding Lender. In addition, closing of the Borrower Loan shall be subject to the delivery of an opinion of counsel to the Borrower addressed to the Governmental Lender and the Funding Lende r, dated the Closing Date, in form and substance acceptable to Tax Counsel, regarding the due execution by the Borrower of, and the enforceability against the Borrower of, the Borrower Loan Documents. 2.4 Borrower Loan Payments. (a) The Borrower shall make Borrower Loan Payments in accordance with the Borrower Notes. Payments made on the Governmental Lender Notes shall be deemed to be made on the same date and in the same amount as on the Borrower Notes. In addition, the Borrower shall make Borrower Loan Payments in accordance with the Borrower Notes in the amounts and at the times necessary to make all payments due and payable on the Funding Loan. All payments made by the Borrower hereunder or by the Borrower under the other Borrower Loan Documents, shall be mad e irrespective of, and without any deduction for, any set -offs or counterclaims, but such payment shall not constitute a waiver of any such set offs or counterclaims. (b) Unless there is no Servicer, payments of principal and interest on the Borrower Note shall be paid to the Servicer and the Servicer shall then remit such funds to the Funding Lender. If there is no Servicer, payments of principal and interest on the Borrower Note shall be paid directly to the Funding Lender. 2.5 Additional Borrower Payments. (a) The Borrower shall pay the following amounts: (i) to the Governmental Lender, the Ongoing Governmental Lender Fee and initial issuance fee in and at the times and in the amounts specified in the Regulatory Agreement, and, on demand, all fees, charges, costs, advan ces, indemnities and expenses, including agent and counsel fees, of the Governmental Lender incurred by the Governmental Lender in connection with the Borrower Loan Documents or the Funding Loan Documents or the Project, including, without limitation, reasonable counsel fees and expenses incurred in connection with the interpretation, performance, or amendment and all counsel fees and expenses relating to the enforcement of the Borrower Loan Documents or the Funding Loan Documents or any other documents relating to the Project or the Borrower Loan or in connection with questions or other matters arising under such documents or in connection with any federal or state tax audit, as and when the same become due; (ii) all Costs of Funding and fees, charges and expenses, including agent and counsel fees incurred in connection with the origination of the Borrower Loan and the Funding Loan, as and when the same become due; (iii) to the Funding Lender, on demand, all charges, costs, advances, indemnities and expenses, including agent and counsel fees, of the Funding Lender incurred by the Funding Lender at any time in connection with the Borrower Loan, the Funding Loan or the Project, including, without limitation, reasonable counsel fees and expenses incurred in 14 4906-0806-7411v5/200936-0009 connection with the interpretation, performance, or amendment and all counsel fees and expenses relating to the enforcement of the Borrower Loan Documents or the Funding Loan Documents or any other documents relating to the Project or the Borrower Loan or in connection with questions or other matters arising under such documents or in connection with any federal or state tax audit; (iv) any Fiscal Agent’s Fees (as defined in the Funding Loan Agreement), and any other fees, costs and expenses of the Fiscal Agent (including, without limitation, counsel fees, costs and expenses) to the Fiscal Agent in accordance with the terms of the Funding Loan Agreement; (v) any Late Charge due and payable under the terms of the Borrower Notes and Section 2.6 hereof; provided, however, that all payments made pursuant to this subsection (v) shall be made to the Servicer, and if there is no Servicer, such payments shall be made to the Funding Lender; and (vi) to the entity entitled thereto, when prior to delinquency, all taxes and assessments levied by public agencies on the Project. (b) The Borrower shall pay to the party entitled thereto as expressly set forth in this Borrower Loan Agreement or the other Borrower Loan Documents or Funding Loan Documents: (i) all expenses incurred in connection with the enforcement of any rights under this Borrower Loan Agreement or any other Borrower Loan Document, the Regulatory Agreement, or any Funding Loan Document by the Governmental Lender, the Funding Lender or the Servicer; (ii) all other payments of whatever nature that the Borrower has agreed to pay or assume under the provisions of this Borrower Loan Agreement or any other Borrower Loan Document or Funding Loan Document; and (iii) all expenses, costs and fees relating to inspections of the Project required by the Governmental Lender, the Funding Lender, the Servicer or any third party, in accordance with the Borrower Loan Documents or the Funding Loan Documents or to reimburse such parties for such expenses, costs and fees. 2.6 Overdue Payments; Payments if Default. If any Borrower Payment Obligation is not paid by or on behalf of the Borrower when due, the Borrower shall pay to the Servicer, a Late Charge in the amount and to the extent set forth in the Borrower Notes, if any. 2.7 Borrower Loan Disbursements. The Borrower Loan shall be disbursed by the Funding Lender, as agent for the Governmental Lender, pursuant to the Covenant Agreement. 2.8 Disbursement into Project Fund. Notwithstanding anything to the contrary contained in the Funding Loan Documents or the Borrower Loan Documents, if the Tax Exempt Portion of the Funding Loan has not been fully disbursed by [October 1, 2028], in the event the Funding Lender determines that legislative, judicial or other developments have occurred or other circumstances have emerged which could result in interest on any undisbursed portions of the Tax Exempt Portion of the Funding Loan (the “Remaining Undisbursed Funding Loan”) not being excluded from gross income 15 4906-0806-7411v5/200936-0009 for federal income tax purposes, or otherwise determines that it is in the Funding Lender’s best interest to fully fund the Tax Exempt Portion of the Funding Loan in order to assure that interest on the Tax Exempt Portion of the Funding Loan will remain excluded from gross income for federal income tax purposes (each a “Contingency Event”), then Funding Lender may, in its discretion, upon five (5) days’ written notice to Borrower, disburse all or any portion of the Remaining Undisbursed Funding Loan into the Project Fund, at which time the proceeds so advanced shall constitute (i ) an advance of the Tax Exempt Portion of the Funding Loan to the Governmental Lender, (ii) an advance of the Tax Exempt Portion of the Borrower Loan by Governmental Lender to the Borrower, and (iii) Borrower’s Funds, unless Funding Lender receives an opinion of Tax Counsel to the effect that the draw of Tax Exempt Portion of the Funding Loan proceeds after the Contingency Event will not adversely affect the exclusion of interest on the Tax Exempt Governmental Lender Note from gross income for federal income tax purposes. The portion of the Tax Exempt Portion of the Borrower Loan disbursed into the Project Fund pursuant to this Section shall be deemed outstanding as of the date advanced into the Project Fund and will immediately commence to accrue interest as provided in the Tax Exempt Borrower Note. ARTICLE III REPRESENTATIONS AND WARRANTIES 3.1 Borrower Representations. To induce the Governmental Lender and Funding Lender to execute this Borrower Loan Agreement and to induce Funding Lender to make disbursements of the Borrower Loan, Borrower represents and warrants for the benefit of the Governmental Lender, Funding Lender and Servicer, that the representations and warranties set forth in this Section 3.1 are complete and accurate as of the Closing Date and, subject to Section 3.2 hereof, shall survive the making of the Borrower Loan and will be complete and accurate, and deemed remade as of the date of each disbursement of the Borrower Loan, except (a) as otherwise disclosed through notice to Funding Lender and approved by Funding Lender and/or (b) in the case of representations or warranties that speak as of a particular date. (a) Organization; Special Purpose. The Borrower is in good standing under the laws of the State, has full legal right, power and authority to enter into the Borrower Loan Documents to which it is a party, and to carry out and consummate all transactions contemplated by the Borrower Loan Documents to which it is a party, and by proper limited partnership action has duly authorized the execution, delivery and performance of the Borrower Loan Documents to which it is a party. The Person(s) of the Borrower executing the Borrower Loan Documents and the Funding Loan Documents to which the Borrower is a party are fully authorized to execute the same. The Borrower Loan Documents and the Funding Loan Documents to which the Borrower is a party have been duly authorized, executed and delivered by the Borrower. The sole business of the Borrower is the ownership, management and operation of the Project. (b) Proceedings; Enforceability. Assuming due execution and delivery by the other parties thereto, the Borrower Loan Documents and the Funding Loan Documents to which the Borrower is a party will constitute the legal, valid and binding agreements of the Borrower enforceable against the Borrower in accordance with their terms; except in each case as enforcement may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors’ rights generally, by the application of equitable principles regardless of whether enforcement is sought in a proceeding at law or in equity and by public policy. 16 4906-0806-7411v5/200936-0009 (c) No Conflicts. The execution and delivery of the Borrower Loan Documents and the Funding Loan Documents to which the Borrower is a party, the consummation of the transactions herein and therein contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof, will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under the P artnership Agreement of the Borrower, or to the best knowledge of the Borrower and with respect to the Borrower, any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any mortgage, deed of trust, loan agreement, lease, contract or other agreement or instrument to which the Borrower is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever (other than the lien of the Deed of Trust) upon any of the property or assets of the Borrower, which conflict, violation, breach, default, lien, charge or encumbrance might have consequences that would materially and adversely affect the consummation of the transactions contemplated by the Borrower Loan Documents and the Funding Loan Documents, or the financial condition, assets, properties or operations of the Borrower. (d) Litigation; Adverse Facts. There is no legal action, nor is there a basis actually known to Borrower for any legal action, before or by any court or federal, state, municipal or other governmental authority, pending, or to the actual knowledge of the Borrower, threatened, against or affecting the Borrower, the General Partner or the Guarantor, or their respective assets, properties or operations which, if determined adversely to the Borrower or its interests, would have a material adverse effect upon the consummation of the transactions contemplated by, or the validity of, the Borrower Loan Documents or the Funding Loan Documents, upon the ability of each of Borrower, General Partner and Guarantor to perform their respective obligations under the Borrower Loan Documents and the Funding Loan Documents to which it is a party, or upon the financial condition, assets (including the Project), properties or operations of the Borrower, the General Partner or the Guarantor. None of the Borrower, General Partner or Guarantor is in default (and no event has occurred and is continuing which with the giving of notice or the passage of time or both could constitute a default) with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or other governmental authority, which default might h ave consequences that would materially and adversely affect the consummation of the transactions contemplated by the Borrower Loan Documents and the Funding Loan Documents, the ability of each of Borrower, General Partner and Guarantor to perform their respective obligations under the Borrower Loan Documents and the Funding Loan Documents to which it is a party, or the financial condition, assets, properties or operations of the Borrower, General Partner or Guarantor. None of Borrower, General Partner or Guarantor are (a) in violation of any applicable law, which violation materially and adversely affects or may materially and adversely affect the business, operations, assets (including the Project), condition (financial or otherwise) of Borrower, General Partner or Guarantor, as applicable; (b) subject to, or in default with respect to, any other Legal Requirement that would have a material adverse effect on the business, operations, assets (including the Project), condition (financial or otherwise) of Borrower, General Partner or Guarantor, as applicable; or (c) in default with respect to any agreement to which Borrower, General Partner or Guarantor, as applicable, are a party or by which they are bound, which default would have a material adverse effect on the business, operations, assets (including the Project), condition (financial or otherwise) of Borrower, General Partner or Guarantor, as applicable; and (d) there is no Legal Action pending or, to the knowledge of Borrower, threatened against or affecting Borrower, General Partner or Guarantor questioning the validity or the enforceability of this Borrower Loan Agreement or any of the other Borrower Loan Documents or the Funding Loan Documents. All tax returns (federal, state and local) required to be filed by or on behalf of the Borrower have been filed, and all taxes shown thereon to be due, including interest and penalties, 17 4906-0806-7411v5/200936-0009 except such, if any, as are being actively contested by the Borrower in good faith, have been paid or adequate reserves have been made for the payment thereof which reserves, if any, are reflected in the audited financial statements described therein. The Borrower enjoys the peaceful and undisturbed possession of all of the premises upon which it is operating its facilities. (e) Agreements; Consents; Approvals. Except as contemplated by the Borrower Loan Documents and the Funding Loan Documents, the Borrower is not a party to any agreement or instrument or subject to any restriction that would materially adversely affect the Borrower or the Project, or the Borrower’s business, properties, operations or financial condition. The Borrower is not in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party or by which it or the Project is bound. No consent or approval of any trustee or holder of any indebtedness of the Borrower, and to the best knowledge of the Borrower and only with respect to the Borrower , no consent, permission, authorization, order or license of, or filing or registration with, any governmental authority is necessary in connection with the execution and delivery of the Borrower Loan Documents or the Funding Loan Documents, or the consummation of any transaction herein or therein contemplated, or the fulfillment of or compliance with the terms and conditions hereof or thereof, except as have been obtained or made and as are in full force and effect. (f) Title. The Borrower shall have fee simple title to the Property and the Improvements, free and clear of all liens except as permitted in the Deed of Trust. The Deed of Trust, when properly recorded in the appropriate records, together with any UCC financing statements required to be filed in connection therewith, will create (i) a valid, perfected first priority lien on the fee interest in the Project and (ii) perfected security interests in and to, and perfected collateral assignments of, all personalty included in the Project (including the Leases), all in accordance with the terms thereof, in each case subject only to any applicable encumbrances permitted in the Deed of Trust. To the Borrower’s knowledge, there are no delinquent real property taxes or assessments, including water and sewer charges, with respect to the Project, nor are there any claims for payment for work, labor or materials affecting the Project which are or may become a lien prior to, or of equal priority with, the liens created by the Borrower Loan Documents and the Funding Loan Documents. (g) No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property, and the Borrower has no k nowledge of any Person contemplating the filing of any such petition against it. As of the Closing Date, the Borrower has the ability to pay its debts as they become due. (h) Full and Accurate Disclosure. No statement of fact made by the Borrower in any Borrower Loan Document or any Funding Loan Document contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein in light of the circumstances in which they were made, not misleading. Ther e is no material fact or circumstance presently known to the Borrower that has not been disclosed to the Governmental Lender and the Funding Lender which materially and adversely affects the Project or the business, operations or financial condition of the Borrower or the Borrower’s ability to meet its obligations under this Borrower Loan Agreement and the other Borrower Loan Documents and Funding Loan Documents to which it is a party in a timely manner. 18 4906-0806-7411v5/200936-0009 (i) Compliance. The Borrower, the Project and the use thereof will comply, to the extent required, in all material respects with all applicable Legal Requirements. The Borrower is not in default or violation of any order, writ, injunction, decree or demand of any Governmental Authority, the violation of which would materially adversely affect the financial condition or the business of the Borrower. There has not been committed by the Borrower or any Borrower Affiliate involved with the operation or use of the Project any act or omission affording any Governmental Authority the right of forfeiture as against the Project or any part thereof or any moneys paid in performance of the Borrower’s obligations under any Borrower Loan Document or any Funding Loan Documents. (j) Financial Information. All financial data, including any statements of cash flow and income and operating expense, that have been delivered to the Governmental Lender or the Funding Lender in respect of the Project by or on behalf of the Borrower, to the best knowledge of the Borrower, (i) are accurate and complete in all material respects, (ii) accurately represent the financial condition of the Project in all material respects as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with generally accepted accounting principles, or such other accounting principles as have been approved by Governmental Lender (it being understood and agreed that Governmental Lender has accepted the accounting principles used in connection with the financials delivered by Borrower in connection with the underwriting of the Loan), in either case, consistently applied throughout the periods covered, except as disclosed therein. Other than pursuant to or permitted by the Borrower Loan Documents or the Funding Loan Documents or the Borrower organizational documents, the Borrower has no known contingent liabilities, unusual forward or long-term commitments or unrealized or anticipated losses from any unfavorable commitments. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of the Borrower from that set forth in said financial statements. (k) Condemnation. No condemnation or other proceeding has been commenced or, to the Borrower’s actual knowledge, is contemplated, threatened or pending with respect to all or part of the Project or for the relocation of roadways providing access to the Project. (l) Federal Reserve Regulations. No part of the proceeds of the Borrower Loan will be used for the purpose of purchasing or acquiring any “margin stock” within the meaning of Regulation U of the Board of Governors of the Federal Reserve System or for any other purpose that would be inconsistent with such Regulation U or any other regulation of such Board of Governors, or for any purpose prohibited by Legal Requirements or any Borrower Loan Document or Funding Loan Document. (m) Not a Foreign Person. The Borrower is not a “foreign person” within the meaning of §1445(f)(3) of the Code. (n) Enforceability. The Borrower Loan Documents and the Funding Loan Documents are not subject to, and the Borrower has not asserted, any right of rescission, set -off, counterclaim or defense, including the defense of usury. (o) State Law Requirements. The Borrower hereby represents, covenants and agrees to comply with the provisions of all applicable State laws, including but not limited to the Act, relating to the Borrower Loan, the Funding Loan and the Project. 19 4906-0806-7411v5/200936-0009 (p) Ownership of the Borrower. Except as set forth in the Partnership Agreement of the Borrower and that certain Purchase Option and Right of First Refusal Agreement among the Borrower, General Partner, and the Tax Credit Investor dated _____ 1, 2025 (the “Purchase Option and Right of First Refusal Agreement”), the Borrower has no obligation to any Person to purchase, repurchase or issue any ownership interest in the Borrower. (q) Environmental Matters. To the best of Borrower’s knowledge based solely on Borrower’s review of that certain Phase I Environmental Site Assessment dated June 20, 2025, prepared by Adanta, Inc., the Project is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, and will comply with covenants and requirements relating to environmental hazards as set forth in the Deed of Trust. (r) Name; Principal Place of Business. Unless prior Written Notice is given to the Funding Lender, the Borrower does not use and will not use any trade name, and has not done and will not do business under any name other than its actual name set forth herein. The principal place of business of the Borrower is its primary address for notices as set forth in Section 10.1 hereof, and the Borrower has no other place of business, other than the Project and such principal place of business. (s) Filing of Taxes. The Borrower has filed (or has obtained effective extensions for filing) all federal, state and local tax returns required to be fil ed and has paid or made adequate provision for the payment of all federal, state and local taxes, charges and assessments, if any, payable by the Borrower. (t) General Tax. All representations, warranties and certifications of the Borrower set forth in the Regulatory Agreement and the Tax Certificate are incorporated by reference herein and the Borrower will comply with such as if set forth herein. In the event of any conflict between the terms of this Borrower Loan Agreement and the requirements of the Tax Certificate, the Tax Certificate shall control. (u) Approval of the Borrower Loan Documents and Funding Loan Documents. By its execution and delivery of this Borrower Loan Agreement, the Borrower approves the form and substance of the Borrower Loan Documents and the Funding Loan Documents, and agrees to carry out the responsibilities and duties specified in the Borrower Loan Documents and the Funding Loan Documents to be carried out by the Borrower. The Borrower acknowledges that (i ) it understands the nature and structure of the transactions relating to the financing of the Project, (ii ) it is familiar with the provisions of all of the Borrower Loan Documents and the Funding Loan Documents and other documents and instruments relating to the financing, (iii ) it understands the risks inherent in such transactions, including without limitation the risk of loss of the Project, and (iv) it has not relied on the Governmental Lender, the Funding Lender or the Servicer for any guidance or expertise in analyzing the financial or other consequences of the transactions contemplated by the Borrower Loan Documents and the Funding Loan Documents or otherwise relied on the Governmental Lender, the Funding Lender or the Servicer in any manner. (v) Funding Loan Agreement. The Borrower has read and accepts and agrees that it is bound by the Funding Loan Agreement and the Funding Loan Documents. (w) Requirements of Act, Code and Regulations. The Project satisfies all requirements of the Act and the Code (including any regulations thereunder) applicable to the Project. 20 4906-0806-7411v5/200936-0009 (x) Regulatory Agreement. The Project is, as of the date of origination of the Funding Loan, in compliance with all requirements of the Regulatory Agreement to the extent such requirements are applicable; and the Borrower intends to cause the residential units in the Project to be rented or available for rental on a basis which satisfies the requirements of the Regulatory Agreement, including all applicable requirements of the Act and the Code and the Regulations, and pursuant to leases which comply with all applicable laws. (y) Intention to Hold Project. The Borrower intends to hold the Project for its own account and has no current plans, and has not entered into any agreement, to sell the Project or any part of it except pursuant to the Purchase Option and Right of First Refusal Agreement; and the Borrower intends to occupy the Project or cause the Project to be occupied and to operate it or cause it to be operated at all times during the term of this Borrower Loan Agreement in co mpliance with the terms of this Borrower Loan Agreement and the Regulatory Agreement and does not know of any reason why the Project will not be so used by it in the absence of circumstances not now anticipated by it or totally beyond its control. (z) Government and Private Approvals. All governmental or regulatory orders, consents, permits, authorizations and approvals required for the construction, use, occupancy and operation of the Improvements, that may be granted or denied in the discretion of any Govern mental Authority, have been obtained and are in full force and effect (or, in the case of any of the foregoing that Borrower is not required to have as of the Closing Date, will be obtained), and will be maintained in full force and effect at all times during the construction of the Improvements. All such orders, consents, permits, authorizations and approvals that may not be denied in the discretion of any Governmental Authority shall be obtained prior to the commencement of any work for which such orders, consents, permits, authorizations or approvals are required, and, once obtained, such orders, consents, permits, authorizations and approvals will be maintained in full force and effect at all times during the construction of the Improvements. Except as set forth in the preceding two sentences, no additional governmental or regulatory actions, filings or registrations with respect to the Improvements, and no approvals, authorizations or consents of any trustee or holder of any indebtedness or obligation of Borrower, are required for the due execution, delivery and performance by Borrower or General Partner of any of the Borrower Loan Documents or the Funding Loan Documents. All required zoning approvals have been obtained, and the zoning of the Project i s not conditional upon the happening of any further event. (aa) No Material Defaults. Except as previously disclosed to Funding Lender and the Governmental Lender in writing, there exists no material violation of or material default by Borrower under, and, to the best knowledge of Borrower, no event has occurred which, upon the giving of notice or the passage of time, or both, would constitute a material default with respect to: (i ) the terms of any instrument evidencing, securing or guaranteeing any indebtedness secured by the Project or any portion or interest thereof or therein; (ii) any lease or other agreement affecting the Project or to which Borrower is a party; (iii) any license, permit, statute, ordinance, law, judgment, order, writ, injunction, decree, rule or regulation of any Governmental Authority, or any determination or award of any arbitrator to which Borrower or the Project may be bound; or (iv) any mortgage, instrument, agreement or document by which Borrower or any of its respective prope rties is bound; in the case of any of the foregoing: (1) which involves any Borrower Loan Document or Funding Loan Document; (2) which involves the Project and is not adequately covered by insurance; (3) that might materially and adversely affect the ability of Borrower, General Partner or Guarantor or to perform any of its respective obligations under any of the Borrower Loan Documents or the Funding Loan Documents or any other material instrument, agreement or document to which it is a party; or (4 ) which might 21 4906-0806-7411v5/200936-0009 adversely affect the priority of the liens created by this Borrower Loan Agreement or any of the Borrower Loan Documents or the Funding Loan Documents. (bb) Payment of Taxes. Except as previously disclosed to Funding Lender in writing: (i) all tax returns and reports of Borrower, General Partner and Guarantor required to be filed have been timely filed, and all taxes, assessments, fees and other governmental charges upon Borrower, General Partner and Guarantor, and upon their respective properties, assets, income and franchises, which are due and payable have been paid prior to delinquency; and (ii) Borrower knows of no proposed tax assessment against it or against General Partner or Guarantor that would be material to the condition (financial or otherwise) of Borrower, General Partner or Guarantor, and neither Borrower nor General Partner have contracted with any Governmental Authority in connection with such taxes. (cc) Other Documents. Each of the representations and warranties of Borrower or General Partner contained in any of the other Borrower Loan Documents or the Funding Loan Documents is true and correct in all material respects (or, in the case of representations or warranties contained in any of the other Borrower Loan Documents or Funding Loan Documents that speak as of a particular date, were true and correct in all material respects as of such date). All of such representations and warranties are incorporated herein for the benefit of Funding Lender. 3.2 Survival of Representations and Covenants. All of the representations and warranties in Section 3.1 hereof and elsewhere in the Borrower Loan Documents (i ) shall survive for so long as any portion of the Borrower Payment Obligations remains due and owing and (ii ) shall be deemed to have been relied upon by the Governmental Lender, the Funding Lender or the Servicer notwithstanding any investigation heretofore or hereafter made by the Governmental Lender or the Funding Lender or on its or their behalf. ARTICLE IV AFFIRMATIVE COVENANTS During the term of this Borrower Loan Agreement, the Borrower hereby covenants and agrees with the Governmental Lender, the Funding Lender and the Servicer that: 4.1 Existence. The Borrower shall (i) do or cause to be done all things necessary to preserve, renew and keep in full force and effect its existence and its material rights, and franchises, (ii) continue to engage in the business presently conducted by it, (iii ) obtain and maintain all material licenses, and (iv) qualify to do business and remain in good standing under the laws of the State. 4.2 Taxes and Other Charges. The Borrower shall pay all Taxes and other charges and impositions prior to their becoming delinquent in accordance with the Deed of Trust, except to the extent that the amount, validity or application t hereof is being contested in good faith as permitted by the Deed of Trust. The Borrower covenants to pay all Taxes and other charges and impositions of any type or character charged to the Funding Lender affecting the amount available to the Funding Lender from payments to be received hereunder or in any way arising due to the transactions contemplated hereby (including Taxes and other charges and impositions assessed or levied by any public agency or governmental authority of whatsoever character having p ower to levy taxes or assessments) but excluding franchise taxes based upon the capital and/or income of the Funding Lender and taxes based upon or measured by the net income of the Funding Lender; provided, however, that the Borrower shall have the right to protest any such Taxes or other charges and impositions and to require the 22 4906-0806-7411v5/200936-0009 Funding Lender, at the Borrower’s expense, to protest and contest any such Taxes or other charges and impositions levied upon them and that the Borrower shall have the right to withhold payment of any such Taxes or other charges and impositions pending disposition of any such protest or contest unless such withholding, protest or contest would adversely affect the rights or interests of the Funding Lender. This obligation shall remain valid and in effect notwithstanding repayment of the Borrower Loan hereunder or termination of this Borrower Loan Agreement. 4.3 Repairs; Maintenance and Compliance; Physical Condition. The Borrower shall cause the Project to be maintained in a good, ha bitable and safe (so as to not threaten the health or safety of the Project’s tenants or their invited guests) condition and repair (reasonable wear and tear excepted) as set forth in the Deed of Trust and shall not remove, demolish or materially alter the Improvements or equipment (except for removal of aging or obsolete equipment or furnishings in the normal course of business), except as provided in the Deed of Trust. 4.4 Litigation. The Borrower shall give prompt Written Notice to the Governmental Lender, the Funding Lender and the Servicer of any litigation, governmental proceedings or claims or investigations regarding an alleged actual violation of a Legal Requirement pending or, to the Borrower’s knowledge, threatened against the Borrower which might materially adversely affect the Borrower’s condition (financial or otherwise) or business or the Project. 4.5 Performance of Other Agreements. The Borrower shall observe and perform in all material respects each and every term to be observed or performed by it pursuant to the terms of any agreement or instrument affecting or pertaining to the Project. 4.6 Notices. The Borrower shall promptly advise the Governmental Lender, the Funding Lender and the Servicer of (i) any material adverse change in the Borrower’s fina ncial condition, assets, properties or operations other than general changes in the real estate market, (ii ) any fact or circumstance affecting the Borrower or the Project that materially and adversely affects the Borrower’s ability to meet its obligations hereunder or under any of the other Borrower Loan Document to which it is a party in a timely manner, or (iii ) the occurrence of any Potential Default or Event of Default of which the Borrower has knowledge. If the Borrower becomes subject to federal or state securities law filing requirements, the Borrower shall cause to be delivered to the Governmental Lender, the Funding Lender and the Servicer any Securities and Exchange Commission or other public filings, if any, of the Borrower within two (2) Business Days of such filing. 4.7 Cooperate in Legal Proceedings. The Borrower shall cooperate fully with the Governmental Lender, the Funding Lender and the Servicer with respect to, and permit the Governmental Lender, the Funding Lender and the Servicer at their option, to participate in, any proceedings before any Governmental Authority, or brought under Section 7.16 hereof or Section 13.9 of the Funding Loan Agreement, that may in any way affect the rights of the Governmental Lender, the Funding Lender and/or the Servicer under any Borrower Loan Document or Funding Loan Document. 4.8 Further Assurances. The Borrower shall, at the Borrower’s sole cost and expense, (i) furnish to the Funding Lender and Servicer all instruments, documents, boundary surveys, footing or foundation surveys (to the extent that Borrower’s construction or renovation of the Project alters any existing building foundations or footprints), certificates, plans and specifications, appraisals, title and other insurance reports and agreements relating to the Project, reasonably requested by the Funding Lender or Servicer for the better and more efficient carrying out of the intents and purposes of the 23 4906-0806-7411v5/200936-0009 Borrower Loan Documents and the Funding Loan Documents; (ii) execute and deliver to the Funding Lender and Servicer such documents, instruments, certificates, assignments and other writings, and do such other acts necessary or desirable, to evidence, preserve and/or protect the collateral at any time securing or intended to secure the Borrower Loan, as the Funding Lender and Servicer may reasonably require from time to time; (iii) do and execute all and such further lawful and reasonable acts, conveyances and assurances for the better and more effective carrying out of the intents and purposes of the Borrower Loan Documents and the Funding Loan Documents, as the Funding Lender and Servicer shall reasonably require from time to time; provided, however, with respect to clauses (i)-(iii) above, the Borrower shall not be required to do anything that has the effect of (A) changing the essential economic terms of the Borrower Loan or (B) imposing upon the Borrower greater personal liability under the Borrower Loan Documents and the Funding Loan Documents; and (iv) upon the Funding Lender’s or Servicer’s request therefor given from time to time after the occurrence of any Potential Default or Event of Default for so long as such Potential Default or Event of Default, as applicable, is continuing pay for (a) reports of UCC, federal tax lien, state tax lien, judgment and pending litigation searches with respect to the Borrower and (b) searches of title to the Project, each such search to be conducted by search firms reasonably designated by the Funding Lender or Servicer in each of the locations reasonably designated by the Funding Lender or Servicer. 4.9 Governmental Lender’s and Funding Lender’s Fees . The Borrower covenants to pay the reasonable fees and expenses of the Governmental Lender (including the Ongoing Governmental Lender Fee) and the Funding Lender or any agents, attorneys, accountants, consultants selected by the Governmental Lender or the Funding Lender to act on its behalf in connection with this Borrower Loan Agreement and the other Borrower Loan Documents, the Regulatory Agreement and the Funding Loan Documents, including, without limitation, any and all reasonable expenses incurred in connection with the making of the Borrower Loan or in connection with any litigation which may at any time be instituted involving the Borrower Loan, this Borrower Loan Agreement, the other Borrower Loan Documents, the Regulatory Agreement and the Funding Loan Documents or any of the other documents contemplated thereby, or in connection with the reasonable supervision or inspection of the Borrower, its properties, assets or operations or otherwise in connection with the administration of the foregoing. This obligation shall remain valid and in effect notwithstanding repayment of the Borrower Loan hereunder or termination of this Borrower Loan Agreement. 4.10 Expenses. The Borrower shall pay all reasonable expenses incurred by the Governmental Lender, the Funding Lender and Servicer in connection with the Borrower Loan and the Funding Loan, including reasonable fees and expenses of the Governmental Lender’s , the Funding Lender’s and Servicer’s attorneys, environmental, engineering and other consultants, and fees, charges or taxes for the recording or filing of the Borrower Loan Documents and the Funding Loan Documents. The Borrower shall pay or cause to be paid all reasonable expenses of the Governmental Lender, the Funding Lender and Servicer in connection with the issuance or administration of the Borrower Loan and the Funding Loan, including audit costs, inspection fees, settlement of condemnation and casualty awards, and premiums for title insurance and endorsements thereto. The Borrower shall, upon request, promptly reimburse the Governmental Lender, the Funding Lender and Servicer for all reasonable amounts expended, advanced or incurred by the Governmental Lender, the Funding Lender and Servicer to collect the Borrower Notes, or to enforce the rights of the Governmental Lender, the Funding Lender and Servicer under this Borrower Loan Agreement or any other Borrower Loan Document, or to defend or assert the rights and claims of the Governmental Lender, the Funding Lender and Servicer under the Borrower Loan Documents and the Funding Loan Documents arising out of an Event of Default or with respect to the Project (by litigation or other proceedings) arising out of an Event of Default, which amounts will include all court costs, attorneys’ fees and expenses, fees of 24 4906-0806-7411v5/200936-0009 auditors and accountants, and investigation expenses as may be reasonably incurred by the Governmental Lender, the Funding Lender and Servicer in connection with any such matters (whether or not litigation is instituted), together with interest at the Default Rate on each such amount from the date of disbursement until the date of reimbursement to the Governmental Lender, the Funding Lender and Servicer, all of which shall constitute part of the Borrower Loan and the Funding Loan and shall be secured by the Borrower Loan Documents and the Funding Loan Documents. The obligations and liabilities of the Borrower under this Section shall survive the term of this Borrower L oan Agreement and the exercise by the Governmental Lender, the Funding Lender and Servicer, as the case may be, of any of its rights or remedies under the Borrower Loan Documents and the Funding Loan Documents, including the acquisition of the Project by foreclosure or a conveyance in lieu of foreclosure. Notwithstanding the foregoing, the Borrower shall not be obligated to pay amounts incurred as a result of the willful misconduct of the Governmental Lender or the gross negligence or willful misconduct of any other party. 4.11 Indemnity. In addition to its other obligations hereunder, and in addition to any and all rights of reimbursement, indemnification, subrogation and other rights of Governmental Lender or Funding Lender pursuant hereto, pursuant to the Regulatory Agreement and under law or equity, to the fullest extent permitted by law, the Borrower agrees to indemnify, hold harmless and defend the Governmental Lender, its members, the Funding Lender, the Servicer, the Fiscal Agent and each of their respective board members, officers, directors, employees, attorneys and agents (each an “Indemnified Party”), against any and all actual losses, damages, claims, actions, liabilities, reasonable costs and expenses of any nature, kind or character (including, without limitation, reasonable attorneys’ fees, litigation and court costs, amounts paid in settlement (to the extent that the Borrower has consented to such settlement) and amounts paid to discharge judgments) to which the Indemnified Parties, or any of them, may become subject under federal or state securities laws or any other statutory law or at common law or otherwise, to the extent arising out of or based upon or in any way relating to: (a) The Borrower Loan Documents and the Funding Loan Documents or the execution or amendment thereof or in connection with transactions contemplated thereby; (b) Any act or omission of the Borrower or any of its agents, contractors, servants, employees or licensees in connection with the Borrower Loan, the Funding Loan or the Proj ect, the operation of the Project, or the condition, environmental or otherwise, occupancy, use, possession, conduct or management of work done in or about, or from the planning, design, acquisition, installation, construction or rehabilitation, as the case may be, of, the Project or any part thereof; (c) Any lien (other than a lien permitted by the Deed of Trust) or charge upon payments by the Borrower to the Governmental Lender or the Funding Lender hereunder, or any taxes (including, without limitation, all ad valorem taxes and sales taxes), assessments, impositions and other charges or impositions imposed on the Governmental Lender or the Funding Lender in respect of any portion of the Project; (d) Any violation of any environmental law, rule or regulation with respect to, or the release of any toxic substance from, the Project or any part thereof during the period in which the Borrower is in possession or control of the Project; 25 4906-0806-7411v5/200936-0009 (e) The enforcement of, or any action taken by the Governmental Lender or the Funding Lender related to remedies under, this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents; (f) Any untrue statement or misleading statement of a material fact by the Borrower made in the course of Borrower applying for the Borrower Loan or the Funding Loan or contained in any of the Borrower Loan Documents or Funding Loan Documents to which the Borrower is a party; (g) Any Determination of Taxability; (h) Any breach by Borrower of any representation, warranty or covenant made in or pursuant to this Borrower Loan Agreement or in connection with any written or oral representation, presentation, report, appraisal or other information given or delivered by Borrower, General Partner or Guarantor to Governmental Lender, the Funding Lender, the Servicer or any other Person in connection with the Borrower’s application for the Borrower Loan and the Funding Loan (including, without limitation, any breach by Borrower of any agreement with respect to the provision of any substitute credit enhancement); (i) any failure by Borrower, the Funding Lender or Governmental Lender to comply with applicable federal and state laws and regulations pertaining to the making of the Borrower Loan and the Funding Loan; (j) the Project, or the condition, occupancy, use, possession, conduct or management of, or work done in or about, or from the planning, design, acquisition, installation, construction or rehabilitation, as the case may be, of, the Project or any part thereof; or (k) the use of the proceeds of the Borrower Loan and the Funding Loan; except in the case of the foregoing indemnification of the Governmental Lender or any related Indemnified Party, to the extent such damages are caused by the gross negligence or willful misconduct of such Indemnified Party, and except in the case of the foregoing indemnification of the Funding Lender or any related Indemnified Party, to the extent such damages are caused by the gross negligence or willful misconduct of such Indemnified Party. In the event that any action or procee ding is brought against any Indemnified Party with respect to which indemnity may be sought hereunder, the Borrower, upon written notice from the Indemnified Party (which notice shall be timely given so as not to materially impair the Borrower’s right to defend), shall assume the investigation and defense thereof, including the employment of counsel reasonably approved by the Indemnified Party, and shall assume the payment of all expenses related thereto, with full power to litigate, compromise or settle th e same in its sole discretion; provided that the Indemnified Party shall have the right to review and approve or disapprove any such compromise or settlement, which approval shall not be unreasonably withheld. Each Indemnified Party shall have the right t o employ separate counsel in any such action or proceeding and to participate in the investigation and defense thereof. The Borrower shall pay the reasonable fees and expenses of such separate counsel; provided, however, that such Indemnified Party may only employ separate counsel at the expense of the Borrower if and only if in such Indemnified Party’s good faith judgment (based on the advice of counsel) a conflict of interest exists or could arise by reason of common representation. Notwithstanding any transfer of the Project to another owner in accordance with the provisions of this Borrower Loan Agreement or the Regulatory Agreement, the Borrower shall remain obligated 26 4906-0806-7411v5/200936-0009 to indemnify each Indemnified Party pursuant to this Section if such subsequent owner fails to indemnify any party entitled to be indemnified hereunder, unless the Governmental Lender and the Funding Lender have consented to such transfer and to the assignment of the rights and obligations of the Borrower hereunder. The rights of any persons to indemnity hereunder shall survive the final payment of the Borrower Loan and the Funding Loan. The provisions of this Section shall survive the termination of this Borrower Loan Agreement. Nothing contained in this Section shall in any way be constr ued to limit the indemnification rights of the Governmental Lender contained in Section 9 of the Regulatory Agreement. With respect to the Governmental Lender, the Regulatory Agreement shall control in any conflicts between this Section and Section 9 of the Regulatory Agreement. 4.12 No Warranty of Condition or Suitability by Lenders. Neither the Governmental Lender, nor the Funding Lender makes any warranty, either express or implied, as to the condition of the Project or that it will be suitable for the Borrower’s purposes or needs. 4.13 Notice of Default. The Borrower will advise the Governmental Lender and the Funding Lender promptly in writing following the occurrence of any Potential Default or Event of Default describing the details of such event of Potential Default or Event of Default and any curative action Borrower proposes to take. 4.14 Covenant With Governmental Lender and Funding Lender. The Borrower agrees that this Borrower Loan Agreement is executed and delivered in part to induce the purchase by o thers of the Governmental Lender Note and, accordingly, all covenants and agreements of the Borrower contained in this Borrower Loan Agreement are hereby declared to be for the benefit of the Governmental Lender, the Funding Lender and any lawful owner, holder or pledgee of the Borrower Notes or the Governmental Lender Notes from time to time. 4.15 Obligation of the Borrower to Construct or Rehabilitate the Project. The Borrower shall proceed with reasonable dispatch to construct or rehabilitate, as the case ma y be, and equip the Project. The Borrower shall not be entitled to any reimbursement from the Governmental Lender or the Funding Lender in respect of any such costs or to any diminution or abatement in the repayment of the Borrower Loan. The Governmental Lender, the Funding Lender or the Servicer shall not be liable to the Borrower or any other person if for any reason the Project is not completed or if the proceeds of the Borrower Loan are insufficient to pay all costs of the Project. The Governmental Lender and the Funding Lender do not make any representation or warranty, either express or implied, that moneys, if any, which will be made available to the Borrower will be sufficient to complete the Project, and the Governmental Lender and the Funding Lender shall not be liable to the Borrower or any other person if for any reason the Project is not completed. 4.16 Tax Covenants. The Borrower further represents, warrants and covenants as follows: (a) General. The Borrower shall not take any action or omit to take any action which, if taken or omitted, respectively, would adversely affect the exclusion of interest on the Tax Exempt Governmental Lender Note from gross income (as defined in Section 61 of the Code), for federal income tax purposes and, if it should take or permit any such action, the Borrower will take all lawful actions that it can take to rescind such action promptly upon having knowledge thereof and that 27 4906-0806-7411v5/200936-0009 the Borrower will take such action or actions, including amendment of this Borrower Loan Agreem ent, the Deed of Trust and the Regulatory Agreement, as may be necessary, in the opinion of Tax Counsel, to comply fully with all applicable rules, rulings, policies, procedures, regulations or other official statements promulgated or proposed by the Department of the Treasury or the Internal Revenue Service applicable to the Tax Exempt Governmental Lender Note, the Tax Exempt Portion of the Funding Loan or affecting the Project. Capitalized terms used in this Section shall have the respective meanings assigned to them in the Regulatory Agreement or, if not defined therein, in the Funding Loan Agreement. With the intent not to limit the generality of the foregoing, the Borrower covenants and agrees that, prior to the final maturity of the Tax Exempt Governmental Lender Note, unless it has received and filed with the Governmental Lender and the Funding Lender a Tax Counsel No Adverse Effect Opinion (other than with respect to interest on any portion of the Tax Exempt Governmental Lender Note for a period during which such portion of the Tax Exempt Governmental Lender Note is held by a “substantial user” of any facility financed with the proceeds of the Governmental Lender Note or a “related person,” as such terms are used in Section 147(a) of the Code), the Borrower will comply with this Section. (b) Use of Proceeds. The use of the net proceeds of the Tax Exempt Portion of the Funding Loan at all times will satisfy the following requirements: (i) Limitation on Net Proceeds. At least 95% of the net proceeds of the Tax Exempt Portion of the Funding Loan (within the meaning of the Code) actually expended shall be used to pay Qualified Project Costs that are costs of a “qualified residential rental project” (within the meaning of Sections 142(a)(7) and 142(d) of the Code) and property that is “functionally related and subordinate” thereto (within the meaning of Sections 1.103- 8(a)(3) and 1.103‒8(b)(4)(iii) of the Regulations). (ii) Limit on Costs of Funding. The proceeds of the Tax Exempt Portion of the Funding Loan will be expended for the purposes set forth in this Borrower Loan Agreement and in the Funding Loan Agreement and no portion thereof in excess of two percent of the proceeds of the Tax Exempt Portion of the Funding Loan, within the meaning of Section 147(g) of the Code, will be expended to pay Costs of Funding of the Tax Exempt Portion of the Funding Loan. (iii) Prohibited Facilities. The Borrower shall not use or permit the use of any proceeds of the Tax Exempt Portion of the Funding Loan or any income from the investment thereof to provide any airplane, skybox, or other private luxury box, health club facility, any facility primarily used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (iv) Limitation on Land. Less than 25 percent of the net proceeds of the Tax Exempt Portion of the Funding Loan actually expended will be used, directly or indirectly, for the acquisition of land or an interest therein, nor will any portion of the net proceeds of the Tax Exempt Portion of the Funding Loan be used, directly or indirectly, for the acquisition of land or an interest therein to be used for farming purposes. (v) Limitation on Existing Facilities. No portion of the net proceeds of the Tax Exempt Portion of the Funding Loan will be used for the acquisition of any existing property or an interest therein unless (A) the first use of such property is pursuant to such acquisition or (B) the rehabilitation expenditures with respect to any building and the 28 4906-0806-7411v5/200936-0009 equipment therefor equal or exceed 15 percent of the cost of acquiring such building financed with the proceeds of the Tax Exempt Portion of the Funding Loan (with respect to structures other than buildings, this clause shall be applied by substituting 100 percent for 15 percent). For purposes of the preceding sentence, the term “rehabilitation expenditures” shall have the meaning set forth in Section 147(d)(3) of the Code. (vi) Accuracy of Information. The information furnished by the Borrower and used by the Governmental Lender in preparing its certifications with respect to Section 148 of the Code and the Borrower’s information statement pursuant to Section 149(e) of the Code is accurate and complete as of the date of origination of the Tax Exempt Portion of the Funding Loan. (vii) Limitation of Project Expenditures. The acquisition, construction and equipping of the Project were not commenced (within the meaning of Section 144(a) of the Code) prior to the 60th day preceding the adoption of Resolution No. 2024-299 of the Governmental Lender with respect to the Project on September 10, 2024, and no obligation for which reimbursement will be sought from proceeds of the Tax Exempt Portion of the Funding Loan relating to the acquisition, construction or rehabilitation, as the case may be, or equipping of the Project was paid or incurred prior to 60 days prior to such date, except for permissible “preliminary expenditures”, which include architectural, engineering surveying, soil testing, reimbursement bond issuance and similar costs incurred prior to the commencement of construction or acquisition of the Project. (viii) Qualified Costs. The Borrower hereby represents, covenants and warrants that the proceeds of the Tax Exempt Portion of the Funding Loan shall be used or deemed used exclusively to pay costs which (i) are (A) capital expenditures (as defined in Section 1.150-1(a) of the Code’s regulations) and (B) not made for the acquisition of existing property, to the extent prohibited in Section 147(d) of the Code and that for the greatest number of buildings the proceeds of the Tax Exempt Portion of the Funding Loan shall be deemed allocated on a pro rata basis to each building in the Project and the land on which it is located so that each building and the land on which it is located will have been financed fifty percent (50%) or more by the proceeds of the Tax Exempt Portion of the Funding Loan for the purpose of complying with Section 42(h)(4)(B) of the Code; provided however, the foregoing representation, covenant and warranty is made for the benefit of the Borrower and its partners and neither the Funding Lender nor the Governmental Lender shall have any obligation to enforce this statement nor shall they incur any liability to any person, including without limitation, the Borrower, the partners of the Borrower, any other affiliate of the Borrower or the holders or payees of the Tax Exempt Portion of the Funding Loan and the Tax Exempt Borrower Note for any failure to meet the intent expressed in the foregoing representat ion, covenant and warranty; and provided further, failure to comply with this representation, covenant and warranty shall not constitute a default or event of default under this Borrower Loan Agreement or the Funding Loan Agreement. (c) Limitation on Maturity. The average maturity of the Tax Exempt Governmental Lender Note does not exceed 120 percent of the average reasonably expected economic life of the Project to be financed by the Tax Exempt Portion of the Funding Loan, weighted in proportion to the respective cost of each item comprising the property the cost of which has been or will be financed, directly or indirectly, with the Net Proceeds of the Tax Exempt Portion of the Funding Loan. For purposes of the preceding sentence, the reasonably expected economic life of property shall 29 4906-0806-7411v5/200936-0009 be determined as of the later of (A) the Closing Date for the Tax Exempt Portion of the Funding Loan or (B) the date on which such property is placed in service (or expected to be placed in service). In addition, land shall not be taken into account in determining the reasonably expected economic life of property. (d) No Arbitrage. The Borrower shall not take any action or omit to take any action with respect to the Gross Proceeds of the Tax Exempt Portion of the Funding Loan or of any amounts expected to be used to pay the principal thereof or the interest thereon which, if taken or omitted, respectively, would cause the Tax Exempt Governmental Lender Note to be classified as an “arbitrage bond” within the meaning of Section 148 of the Code. Except as provided in the Funding Loan Agreement and this Borrower Loan Agreement, the Borrower shall not pledge or otherwise encumber, or permit the pledge or encumbrance of, any money, investment, or investment property as security for payment of any amounts due under this Borrower Loan Agreement or the Tax Exempt Borrower Note relating to the Tax Exempt Portion of the Funding Loan, shall not establish any segregated reserve or similar fund for such purpose and shall not prepay any such amounts in advance of the redemption date of an equal principal amount of the Tax Exempt Portion of the Funding Loan, unless the Borrower has obtained in each case a Tax Counsel No Adverse Effect Opinion with respect to such action, a copy of which shall be provided to the Governmental Lender and the Funding Lender. The Borrower shall not, at any time prior to the final maturity of the Tax Exempt Portion of the Funding Loan, invest or cause any Gross Proceeds to be invested in any investment (or to use Gross Pr oceeds to replace money so invested), if, as a result of such investment the Yield of all investments acquired with Gross Proceeds (or with money replaced thereby) on or prior to the date of such investment exceeds the Yield of the Tax Exempt Portion of the Funding Loan to the Maturity Date, except as permitted by Section 148 of the Code and Regulations thereunder or as provided in the Regulatory Agreement. The Borrower further covenants and agrees that it will comply with all applicable requirements of sa id Section 148 and the rules and Regulations thereunder relating to the Tax Exempt Portion of the Funding Loan and the interest thereon, including the employment of a Rebate Analyst acceptable to the Governmental Lender and Funding Lender for the calculation of rebatable amounts to the United States Treasury Department. The Borrower agrees that it will cause the Rebate Analyst to calculate the rebatable amounts not later than forty-five days after the fifth anniversary of the Closing Date and each five yea rs thereafter and not later than forty-five (45) days after the final Computation Date and agrees that the Borrower will pay all costs associated therewith. The Borrower agrees to provide evidence of the employment of the Rebate Analyst satisfactory to the Governmental Lender and Funding Lender. (e) No Federal Guarantee. Except to the extent permitted by Section 149(b) of the Code and the Regulations and rulings thereunder, the Borrower shall not take or omit to take any action which would cause the Tax Exempt Governmental Lender Note to be “federally guaranteed” within the meaning of Section 149(b) of the Code and the Regulations and rulings thereunder. (f) Representations. The Borrower has supplied or caused to be supplied to Tax Counsel all documents, instruments and written information requested by Tax Counsel, and all such documents, instruments and written information supplied by or on behalf of the Borrower at the request of Tax Counsel, which have been reasonably relied upon by Tax Counsel in rendering its opinion with respect to the exclusion from gross income of the interest on the Tax Exempt Governmental Lender Note for federal income tax purposes, are true and correct in all material respects, do not contain any untrue statement of a material fact and do not omit to state any material fact necessary to be stated therein in order to make the information provided therein, in light of the circumstances under which such information was provided, not misleading, and the Borrower is not aware of any other pert inent information which Tax Counsel has not requested. 30 4906-0806-7411v5/200936-0009 (g) Qualified Residential Rental Project. The Borrower hereby covenants and agrees that the Project will be operated as a “qualified residential rental project” within the meaning of Section 142(d) of the Code, on a continuous basis during the longer of the Qualified Project Period (as defined in the Regulatory Agreement) or any period during which any portion of the Governmental Lender Note remains outstanding, to the end that the interest on the Tax Exempt Governmental Lender Note shall be excluded from gross income for federal income tax purposes. The Borrower hereby covenants and agrees, continuously during the Qualified Project Period, to comply with all the provisions of the Regulatory Agreement. (h) Information Reporting Requirements. The Borrower will comply with the information reporting requirements of Section 149(e)(2) of the Code requiring certain information regarding the Governmental Lender Note to be filed with the Internal Revenue Service within prescribed time limits. (i) Tax Exempt Portion of the Funding Loan Not a Hedge Bond. The Borrower covenants and agrees that not more than 50% of the proceeds of the Tax Exempt Portion of the Funding Loan will be invested in Nonpurpose Investments having a substantially guaranteed Yield for four years or more within the meaning of Section 149(f)(3)(A)(ii) of the Code, and the Borrower reasonably expects that at least 85% of the spendable proceeds of the Tax Exempt Portion of the Funding Loan will be used to carry out the governmental purposes of the Tax Exempt Portion of the Funding Loan within the three-year period beginning on the Closing Date. (j) Termination of Restrictions. Although the parties hereto recognize that, subject to the provisions of the Regulatory Agreement, the provisions of this Borrower Loan Agreement shall terminate in accordance with Section 7.7 hereof, the parties hereto recognize that pursuant to the Regulatory Agreement, certain requirements, including the requirements incorporated by reference in this Section, may continue in effect beyond the term hereof. (k) Public Approval. The Borrower covenants and agrees that the proceeds of the Tax Exempt Portion of the Funding Loan will not be used in a manner that deviates in any substantial degree from the Project described in the written notice of a public hearing regarding the Tax Exempt Governmental Lender Note. (l) 40/60 Test Election. The Borrower and the Tax Exempt Governmental Lender hereby elect to apply the requirements of Section 142(d)(1)(B) to the Project. The Borrower hereby represents, covenants and agrees, continuously during the Qualified Project Period, to comply with all the provisions of the Regulatory Agreement. (m) Modification of Tax Covenants. Subsequent to the origination of the Tax Exempt Portion of the Funding Loan and prior to its payment in full (or provision for the payment thereof having been made in accordance with the provisions of the Funding Loan Agreement), this Section may not be amended, changed, modified, altered or terminated except as permitted herein and by the Funding Loan Agreement and with the Written Consent of the Governmental Lender and the Funding Lender. Anything contained in this Borrower Loan Agreement or the Funding Loan Agreement to the contrary notwithstanding, the Governmental Lender, the Funding Lender and the Borrower hereby agree to amend this Borrower Loan Agreement and, if appropriate, the Funding Loan Agreement and the Regulatory Agreement, to the extent required, in the opinion of Tax Couns el, in order for interest on the Tax Exempt Governmental Lender Note to remain excludable from gross income for federal income tax purposes. The party requesting such amendment, which may include 31 4906-0806-7411v5/200936-0009 the Funding Lender, shall notify the other parties to this Borrower Loan Agreement of the proposed amendment and send a copy of such requested amendment to Tax Counsel. After review of such proposed amendment, Tax Counsel shall render to the Funding Lender and the Governmental Lender an opinion as to the effect of such proposed amendment upon the includability of interest on the Tax Exempt Governmental Lender Note in the gross income of the recipient thereof for federal income tax purposes. The Borrower shall pay all necessary fees and expenses incurred with resp ect to such amendment. The Borrower, the Governmental Lender and, where applicable, the Funding Lender per written instructions from the Governmental Lender shall execute, deliver and, if applicable, the Borrower shall file of record, any and all documents and instruments, including without limitation, an amendment to the Regulatory Agreement, with a file -stamped copy to the Funding Lender, necessary to effectuate the intent of this Section, and the Borrower and the Governmental Lender hereby appoint the Funding Lender as their true and lawful attorney-in-fact to execute, deliver and, if applicable, file of record on behalf of the Borrower or the Governmental Lender, as is applicable, any such document or instrument (in such form as may be approved by and u pon instruction of Tax Counsel) if either the Borrower or the Governmental Lender defaults in the performance of its obligation under this Section; provided, however, that the Funding Lender shall take no action under this Section without first notifying the Borrower or the Governmental Lender, as is applicable, of its intention to take such action and providing the Borrower or the Governmental Lender, as is applicable, a reasonable opportunity to comply with the requirements of this Section. The Borrower irrevocably authorizes and directs the Funding Lender and any other agent designated by the Governmental Lender to make payment of such amounts from funds of the Borrower, if any, held by the Funding Lender, or any agent of the Governmental Lender or the Fu nding Lender. The Borrower further covenants and agrees that, pursuant to the requirements of Treasury Regulation Section 1.148-1(b), it (or any related person contemplated by such regulations) will not purchase interests in the Tax Exempt Portion of the Funding Loan in an amount related to the amount of the Tax Exempt Portion of the Borrower Loan. (n) Compliance With Tax Certificate. In furtherance of the covenants in this Section, the Borrower shall execute, deliver and comply with the provisions of the Tax Certificate, which are by this reference incorporated into this Borrower Loan Agreement and made a part of this Borrower Loan Agreement as if set forth in this Borrower Loan Agreement in full. In the event of a conflict between the terms of this Borrower Loan Agreement and the Tax Certificate, the terms of the Tax Certificate shall control. 4.17 Arbitrage Rebate. The Borrower shall take or cause to be taken all actions necessary or appropriate in order to fully and timely comply with Section 148(f) of the Code and to rebate excess investment earnings to the federal government, including the employment of a Rebate Analyst acceptable to the Governmental Lender and the Funding Lender at all times from and after the Delivery Date for the calculation of rebatable amounts to the United States Treasury Department. The Borrower agrees that it will cause the Rebate Analyst to calculate the rebatable amounts not later than forty-five (45) days after the fifth (5th) anniversary of the Delivery Date and each five (5 ) years thereafter and not later than forty-five (45) days after the final Computation Date and agrees that the Borrower will pay all costs associated therewith. The Borrower shall cause the Rebate Analyst to provide such calculations to the Funding Lender and the Governmental Lender at such times and with such directions as are necessary to comply fully with the arbitrage and rebate requirements set forth in the Funding Loan Agreement and to comply fully with Section 148 of the Code, including the timely payment of any arbitrage rebate owed. 32 4906-0806-7411v5/200936-0009 4.18 Covenants Under Funding Loan Agreement. The Borrower will fully and faithfully perform all the duties and obligations which the Governmental Lender has covenanted and agreed in the Funding Loan Agreement to cause the Borrower to perform and any duties and obligations which the Borrower is required in the Funding Loan Agreement to perform. The foregoing will not apply to any duty or undertaking of the Governmental Lender which by its nature cannot be delegated or assigned. ARTICLE V NEGATIVE COVENANTS Borrower hereby covenants and agrees as follows, which covenants shall remain in effect so long as any Borrower Payment Obligation or other obligation of Borrower under any of the other Borrower Loan Documents or the Funding Loan Documents remains outstanding or unperformed. Borrower covenants and agrees that it will not, directly or indirectly: 5.1 Dissolution. Dissolve or liquidate, in whole or in part, merge with or consolidate into another Person. 5.2 Change in Business or Operation of Property. Enter into any line of business other than the ownership and operation of the Project, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business and activities incidental or related thereto or otherwise cease to operate the Project as a multi-family property or terminate such business for any reason whatsoever (other than temporary cessation in connection wi th construction or rehabilitation, as the case may be, of the Project). 5.3 Transfers. Make, suffer or permit the occurrence of any transfer other than a transfer permitted under the Deed of Trust and/or Section 12 of the Regulatory Agreement. 5.4 No Hedging Arrangements. Without the prior Written Consent of the Funding Lender, except with respect to the Swap Transaction (as defined in the Covenant Agreement), which Swap Transaction is expressly approved by Funding Lender hereunder, the Borrower will not enter into or guarantee, provide security for or otherwise undertake any form of contractual obligation with respect to any interest rate swap, interest rate cap or other arrangement that has the effect of an interest rate swap or interest rate cap or that otherwise (directly or indirectly, derivatively or synthetically) hedges interest rate risk associated with being a debtor of variable rate debt or any agreement or other arrangement to enter into any of the above on a future date or after the occurrence of one o r more events in the future. ARTICLE VI DEFAULTS 6.1 Events of Default. Giving effect to any applicable notice and cure period, each of the following events shall constitute an “Event of Default” under this Borrower Loan Agreement: (a) failure by the Borrower to pay any Borrower Loan Payment in the manner and on the date such payment is due in accordance with the terms and provisions of the Borrower Note s, 33 4906-0806-7411v5/200936-0009 or the failure by the Borrower to pay any Additional Borrower Payment on the date such payment is due in accordance with the terms and provisions of the Borrower Note s, the Deed of Trust, this Borrower Loan Agreement or any other Borrower Loan Document; (b) failure by or on behalf of the Borrower to pay when due any amount (other than as provided in subsection (a) above or elsewhere in this Section) required to be paid by the Borrower under this Borrower Loan Agreement, the Borrower Note s, the Deed of Trust or any of the other Borrower Loan Documents or Funding Loan Documents, including a failure to repay any amounts that have been previously paid but are recovered, attached or enjoined pursuant to any insolvency, receivership, liquidation or similar proceedings, which default remains uncured for a period of ten (10) days after Written Notice thereof shall have been given to the Borrower; (c) a default or breach by the Borrower or any Guarantor of its obligations, covenants, representations or warranties under the Borrower Note s, the Deed of Trust or any other Borrower Loan Document occurs and any applicable notice and/or cure period has expired; (d) any representation or warranty made by any of the Borrower, the Guarantor or the General Partner in any Borrower Loan Document or Funding Loan Document to which it is a party, or in any report, certificate, financial statement or other instr ument, agreement or document furnished by the Borrower, the Guarantor or the General Partner in connection with any Borrower Loan Document or Funding Loan Document, shall be false or misleading in any material respect when made; (e) any failure by the Borrower to perform or comply with any of its obligations under this Borrower Loan Agreement (other than those specified in this Section), as and when required. 6.2 Remedies. 6.2.1 Acceleration. Upon the occurrence and during the continuance of an Event of Default, in addition to any other rights or remedies available to the Governmental Lender pursuant to the Borrower Loan Documents or at law or in equity, the Funding Lender may, take such action, without notice or demand, as the Funding Lender deems advisable to pro tect and enforce its rights against the Borrower and in and to the Project, including declaring the Borrower Payment Obligations to be immediately due and payable (including, without limitation, the principal of, prepayment premium, if any, and interest on and all other amounts due on the Borrower Notes to be immediately due and payable), without notice or demand, and apply such payment of the Borrower Payment Obligations in any manner and in any order determined by Funding Lender, in Funding Lender’s sole and absolute discretion. Notwithstanding anything herein to the contrary, enforcement of remedies hereunder and under the Funding Loan Agreement shall be controlled by the Funding Lender. 6.2.2 Remedies Cumulative. Upon the occurrence and during the continuance of an Event of Default, all or any one or more of the rights, powers, privileges and other remedies available to the Funding Lender against the Borrower under the Borrower Loan Documents or at law or in equity may be exercised by the Funding Lender, at any time and from time to time, whether or not all or any of the Borrower Payment Obligations shall be declared due and payable, and whether or not the Funding Lender shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and remedies under any of the Borrower Loan Documents. Any such actions taken by the Funding Lender shall be cumulative and concurrent and may be pursued independently, singly, successively, together or otherwise, at such time and in such or der as the Funding Lender may determine in its sole discretion, to the fullest extent permitted by law, without impairing or otherwise 34 4906-0806-7411v5/200936-0009 affecting the other rights and remedies of the Funding Lender permitted by law, equity or contract or as set forth in the Borrower Loan Documents. Without limiting the generality of the foregoing, the Borrower agrees that if an Event of Default is continuing, all liens and other rights, remedies or privileges provided to the Funding Lender shall remain in full force and effect until it has exhausted all of its remedies, the Deed of Trust has been foreclosed, the Project has been sold and/or otherwise realized upon satisfaction of the Borrower Payment Obligations or the Borrower Payment Obligations have been paid in full. To the extent permitted by applicable law, nothing contained in any Borrower Loan Document shall be construed as requiring the Funding Lender to resort to any portion of the Project for the satisfaction of any of the Borrower Payment Obligations in preference or priority to any other portion, and the Funding Lender may seek satisfaction out of the entire Project or any part thereof, in its absolute discretion. Notwithstanding any provision herein to the contrary, the Governmental Lender and the Funding Lender agree that any cure of any default made or tendered by the Tax Credit Investor shall be deemed to be a cure by the Borrower and shall be accepted or rejected on the same basis as if made or tendered by the Borrower. 6.2.3 Delay. No delay or omission to exercise any remedy, right, power accruing upon an Event of Default, or the granting of any indulgence or compromise by the Funding Lender shall impair any such remedy, right or power hereunder or be construed as a waiver thereof, but any such remedy, right or power may be exercised from time to time and as often as may be deemed expedient. A waiver of one Potential Default or Event of Default shall not be construed to be a waiver of any subsequent Potential Default or Event of Default or to impair any reme dy, right or power consequent thereon. Notwithstanding any other provision of this Borrower Loan Agreement, the Funding Lender reserves the right to seek a deficiency judgment or preserve a deficiency claim, in connection with the foreclosure of the Deed of Trust to the extent necessary to foreclose on the Project, the Rents, the funds or any other collateral. 6.2.4 Assumption of Obligations. In the event that the Funding Lender or its assignee or designee shall become the legal or beneficial owner of the Project by foreclosure or deed in lieu of foreclosure, such party shall succeed to the rights and the obligations of the Borrower under this Borrower Loan Agreement, the Borrower Notes, the Regulatory Agreement, and any other Borrower Loan Documents and Funding Loan Documents to which the Borrower is a party. Such assumption shall be effective from and after the effective date of such acquisition and shall be made with the benefit of the limitations of liability set forth therein and without any liability for the prior acts of the Borrower. 6.2.5 Right to Directly Enforce. Notwithstanding any other provision hereof to the contrary, the Funding Lender shall have the right to directly enforce all rights and remedies hereunder with or without involvement of the Governmental Lender, provided that only the Governmental Lender may enforce the Unassigned Rights. In the event that any of the provisions set forth in this Section are inconsistent with the covenants, terms and conditions of the Deed of Trust, the co venants, terms and conditions of the Deed of Trust shall prevail. ARTICLE VII MISCELLANEOUS 7.1 Notices. All notices, consents, approvals and requests required or permitted hereunder or under any other Borrower Loan Document or Funding Loan Document (a “notice”) shall be deemed 35 4906-0806-7411v5/200936-0009 to be given and made when delivered by hand, by recognized overnight delivery service, confirmed electronic transmission (provided any telecopy or other electronic transmission received by any party after 5:00 p.m., local time, as evidenced by the time shown on such transmission, shall be deemed to have been received the following Business Day), or five (5) calendar days after deposited in the United States mail, registered or certified, postage prepaid, with return receipt requested, addressed to the appropriate party at the addresses set forth in Section 13.1 of the Funding Loan Agreement. Any party may change such party’s address for the notice or demands required under this Borrower Loan Agreement by providing written notice of such change of address to the other parties as provided herein. 7.2 Survival. This Borrower Loan Agreement and all covenants, agreements, representations and warranties made herein and in the certificates delivered pursuant hereto shall survive the making by the Governmental Lender of the Borrower Loan and the execution and delivery to the Governmental Lender of the Borrower Notes and the assignment of the Borrower Notes to the Funding Lender, and shall continue in full force and effect so long as all or any of the Borrower Payment Obligations is unpaid. All the Borrower’s covenants and agreements in this Borrower Loan Agreement shall inure to the benefit of the respective legal representatives, successors and assigns of the Governmental Lender, the Funding Lender and the Servicer. 7.3 Preferences. The Governmental Lender shall have the continuing and exclusive right to apply or reverse and reapply any and all payments by the Borrower to any portion of the Borrower Payment Obligations. To the extent the Borrower makes a payment to the Governmental Lender or the Funding Lender or the Servicer, or the Governmental Lender or the Funding Lender or the Servicer receives proceeds of any collateral, which is in whole or part subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the Borrower Payment Obligations o r part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by the Governmental Lender or the Servicer. 7.4 Construction of Documents. The parties hereto acknowledge that they were represented by counsel in connection with the negotiation and drafting of the Borrower Loan Documents and the Funding Loan Documents and that the Borrower Loan Documents and the Funding Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them. 7.5 No Third Party Beneficiaries. The Borrower Loan Documents and the Funding Loan Documents are solely for the benefit of the Governmental Lender, the Funding Lender, Servicer and the Borrower, and nothing contained in any Borrower Loan Document shall be deemed to confer upon anyone other than the Governmental Lender, the Funding Lender, Servicer and the Borrower any right to insist upon or to enforce the performance or observance of any of the obligations contained therein. 7.6 Governmental Lender, Funding Lender and Servicer Not in Control; No Partnership. None of the covenants or other provisions contained in this Borrower Loan Agreement shall, or shall be deemed to, give the Governmental Lender or the Funding Lender the right or power to exercise control over the affairs or management of the Borrower, the power of the Governmental Lender and the Funding Lender being limited to the rights to exercise the remedies referred to in the Borrower Loan Documents and the Funding Loan Documents. The relationship between the Borrower and the Governmental Lender and the Funding Lender is, and at all times shall remain, solely that of debtor 36 4906-0806-7411v5/200936-0009 and creditor. No covenant or provision of the Borrower Loan Documents or the Funding Loan Documents is intended, nor shall it be deemed or construed, to create a partnership, joint venture, agency or common interest in profits or income between the Borrower and the Governmental Lender or the Funding Lender or to create an equity interest in the Project in the Governmental Lender or the Funding Lender. Neither the Governmental Lender nor the Funding Lender undertakes or assumes any responsibility or duty to the Borrower or to any other person with respect to the Project or the Borrower Loan, except as expressly provided in the Borrower Loan Documents or the Funding Loan Documents; and notwithstanding any other provision of the Borrower Loan Documents and the Funding Loan Documents: (1) the Governmental Lender and the Funding Lender are not, and shall not be construed as, a partner, joint venturer, alter ego, manager, controlling person or other business associate or participant of any kind of the Borrower or its stockholders, members, or partners and the Governmental Lender and the Funding Lender do not intend to ever assume such status; (2) the Governmental Lender and the Funding Lender shall in no event be liable for any the Borrower Payment Obligations, expenses or losses incurred or sustained by the Borrower; and (3 ) the Governmental Lender and the Funding Lender shall not be deemed responsible for or a participant in any acts, omissions or decisions of the Borrower or its stockholders, members, or partners. The Governmental Lender, the Funding Lender and the Borrower disclaim any intention to create any partnership, joint venture, agency or common interest in profits or income between the Governmental Lender, the Funding Lender and the Borrower, or to create an equity interest in the Project in the Governmental Lender or the Funding Lender, or any sharing of liabilities, losses, costs or expenses. 7.7 Term of Borrower Loan Agreement. This Borrower Loan Agreement shall be in full force and effect until all payment obligations of the Borrower hereunder have been paid in full and the Borrower Loan and the Funding Loan have been retired or the payment thereof has been provided for; except that on and after payment in full of both Borrower Notes, this Borrower Loan Agreement shall be terminated, without further action by the parties hereto. 7.8 Reimbursement of Expenses. If, upon or after the occurrence of any Event of Default or Potential Default, the Governmental Lender or the Funding Lender shall employ attorneys or incur other expenses for the enforcement of performance or observance of any obligation or agreement on the part of the Borrower contained herein, the Borrower will on demand therefor reimburse the Governmental Lender and the Funding Lender for fees of such attorneys and such other expenses so incurred. 7.9 Governing Law. This Borrower Loan Agreement shall be governed by and enforced in accordance with the laws of the State, without giving effect to the choice of law principles of the State that would require the application of the laws of a jurisdiction other than the State. 7.10 Successors and Assigns. This Borrower Loan Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, successors-in-interest and assigns, as appropriate. The terms used to designate any of the parties herein shall be deemed to include the heirs, legal representatives, successors, successors -in- interest and assigns, as appropriate, of such parties. References to a “person” or “persons” shall be deemed to include individuals and entities. 7.11 Severability. The invalidity, illegality or unenforceability of any provision of this Borrower Loan Agreement shall not affect the validity, legality or enforceability of any other provision, and all other provisions shall remain in full force and effect. 37 4906-0806-7411v5/200936-0009 7.12 Entire Agreement; Amendment and Waiver. This Borrower Loan Agreement contains the complete and entire understanding of the parties with respect to the matters covered. This Borrower Loan Agreement may not be amended, modified or changed , nor shall any waiver of any provision hereof be effective, except by a written instrument signed by the party against whom enforcement of the waiver, amendment, change, or modification is sought, and then only to the extent set forth in that instrument. No specific waiver of any of the terms of this Borrower Loan Agreement shall be considered as a general waiver. Without limiting the generality of the foregoing, no disbursement of the Borrower Loan shall constitute a waiver of any conditions to the Gove rnmental Lender’s or the Funding Lender’s obligation to make further Disbursements nor, in the event Borrower is unable to satisfy any such conditions, shall any such waiver have the effect of precluding the Governmental Lender or the Funding Lender from thereafter declaring such inability to constitute a Potential Default or Event of Default under this Borrower Loan Agreement. 7.13 Counterparts/Electronic Signatures. This Borrower Loan Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. Delivery of a signature page to, or an executed counterpart of, this document by facsimile, email transmission of a scanned image, or other electronic means, shall be effective as delivery of an originally executed counterpart. The words “execution,” “signed,” “signature,” and words of like import in this document shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity, or enforceability as a manually executed signature or the use of a paper -based record keeping system, as the case may be, to the extent and as provided for in any applicable law, including, without limitation, Electronic Signatures in Global and National Commerce Act, any other similar state laws based on the Uniform Electronic Transactions Act or the Uniform Commercial Code, and the parties hereto hereby waive any objection to the contrary. 7.14 Captions. The captions of the sections of this Borrower Loan Agreement are for convenience only and shall be disregarded in construing this Borrower Loan Agreement. 7.15 Time of the Essence. Time is of the essence with respect to this Borrower Loan Agreement. 7.16 Judicial Reference. It is the desire and intention of the parties to agree upon a mechanism and procedure under which any controversy, lawsuit, breach, or dispute arising out of or relating to this Borrower Loan Agreement or any other Borrower Loan Document will be re solved in a prompt and expeditious manner. Accordingly, any controversy, lawsuit, breach, or dispute arising out of or relating to this Borrower Loan Agreement or any other Borrower Loan Document or relating to the interpretation of any term or provision of such documents (collectively, “Claim”), shall be heard and determined by a referee appointed and acting pursuant to a consensual general reference pursuant to the provisions of California Code of Civil Procedure, Sections 638, et. seq., inclusive (as same may be amended, or any successor statute(s) thereto). It is the parties’ intention that the matter be heard by a single referee. The parties shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a statement of decision which either party may file with the clerk or judge, and judgment shall be entered thereon. If the parties are unable to agree upon a referee within ten (10 ) days of a written request to do so by any party, then any party may thereafter seek to have a referee appointed pursuant to California Code of Civil Procedure Sections 638 through 640. The parties agree that the referee(s) shall have the power to decide all issues of fact and law and shall report a statement of decision hereon, and to issue all legal and equitable relief appropriate under the circumstances before him or her; provided, however, that the referee shall not have the power to award special, indirect, 38 4906-0806-7411v5/200936-0009 punitive, incidental or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit), nor any other damages which are not permitted by the express provisions of this agreement, and the parties hereby waive any right to recover any such damages . The parties further agree that referee shall be empowered to rule on any motion which would be authorized in a court proceeding, including without limitation motions for summary judgment or summary adjudication. The parties shall be entitled to conduct all discovery as provided in the California Code of Civil Procedure, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge, with rights to regulate discovery and to issue and enforce subpoenas, protective orders and other limitations on discovery available under California law. the reference proceeding shall be conducted in accordance with California law (including, without limitation, the rules of evidence), and in all regards, the referee shall follow California law applicable at the ti me of the reference proceeding, without regard to choice of law rules. The parties shall promptly and diligently cooperate with one another and the referee(s) and shall perform such acts as may be necessary to obtain prompt and expeditious resolution of the dispute or controversy in accordance with the terms hereof. In accordance with Section 644 of the California Code of Civil Procedure, the decision of the referee upon the whole issue must stand as the decision of the court, and upon the filing of the statement of decision with the clerk of the court, or with the judge if there is no clerk, ju dgment may be entered thereon in the same manner as if the action had been tried by the court. Any decision of the referee and/or judgment or other order entered thereon shall be appealable to the same extent and in the same manner that such decision, judgment, or order would be appealable if rendered by a judge of the superior court in which venue is proper hereunder. the referee shall in his/her statement of decision set forth his/her findings of fact and conclusions of law. The referee(s) shall award legal fees and costs (including the fees of the referee(s)) related to this reference proceeding, and to any related litigation, in accordance with the terms of this Borrower Loan Agreement. (a) Other Remedies. No provision of this Section 7.16 shall limit the right of any party to exercise self-help remedies such as setoff, foreclosure against, or sale of, any real or personal property collateral or security, or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any reference proceeding. The exercise of any one or more remedies does not waive the right of either party to resort to reference. At Funding Lender’s option, foreclosure under the Deed of Trust may be accomplished either by ex ercise of power of sale under the Deed of Trust or by judicial foreclosure. (b) Referee’s Fees and Costs. The referee’s fees and costs shall be paid in accordance with the terms of this Borrower Loan Agreement. In the event the prevailing party pays the Referee’s fees and costs, the prevailing party shall be entitled to recover such costs from the non - prevailing party as costs in the same manner as attorneys’ fees and costs. (c) Jury Waiver. By agreeing to judicial reference, the parties, to the fullest extent permitted by applicable law, irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Without intending in any way to limit the provisions of this Section, to the extent any Claim is not submitted to judicial reference, the parties irrevocably and voluntarily waive any right they may have to a trial by jury to the extent permitted by applicable law. WHETHER THE CLAIM IS DECIDED BY JUDICIAL REFERENCE OR BY TRIAL, THE PARTIES AGREE AND UNDERSTAND THAT THE EFFECT OF THIS SECTION IS THAT THEY ARE GIVING UP THE RIGHT TO TRIAL BY JURY. EACH PARTY HERETO (i) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (ii) ACKNOWLEDGES 39 4906-0806-7411v5/200936-0009 THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS BORROWER LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS, BY AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION, AND (iii) CERTIFIES THAT THIS WAIVER IS KNOWINGLY, WILLINGLY, AND VOLUNTARILY MADE. 7.17 Servicer. Borrower hereby acknowledges and agrees that, pursuant to the terms of Funding Loan Agreement: (a) from time to time, the Governmental Lender or the Funding Lender may appoint a servicer to collect payments, escrows and deposits, to give and to receive notices under the Borrower Notes, this Borrower Loan Agreement or the other Borrower Loan Documents, and to otherwise service the Borrower Loan and (b) unless Borrower receives Written Notice from the Governmental Lender or the Funding Lender to the contrary, any action or right which shall or may be taken or exercised by the Governmental Lender or the Funding Lender may be taken or exercised by such servicer with the same force and effect. Without limitation of the foregoing or any other provisions set forth elsewhere herein regarding the Servicer, Borrower further acknowledges, agrees and waives any right to assert anything to the contrary that (a) Funding Lender shall have the right to appoint, in its sole and absolute discretion, a Person to service and administer the Funding Loan and the Borrower Loan (the “Servicer”), which appointment may be subject to a separate agreement between Funding Lender and Servicer, (b) Funding Lender hereby appoints City National Bank, a national banking association, to service and administer the Funding Loan and the Borrower Loan, (c) any references herein to any determinations, consents, approvals, disapprovals, c alculations, requirements, requests, acts, actions, elections, selections, opinions, judgments, exercise of rights, remedies or indemnities, satisfaction of conditions or other decisions of or to be made by Funding Lender (collectively, “Determinations”) if made by the Servicer will have the same force and effect as if made by CNF, with Borrower entitled to rely on any Determinations made by Servicer as having been made by Funding Lender, (d) any information or notice delivered to Servicer shall have the sa me effect as if delivered to Funding Lender, (e) Servicer is acting on behalf of Funding Lender and as such is afforded all indemnifications, limitations on liability and other protections provided to Funding Lender, (f) Funding Lender may, in its sole discretion, terminate or replace the Servicer, and (g) Servicer is a third-party beneficiary to each of the Funding Loan Documents and Borrower Loan Documents. Borrower shall not be responsible for monitoring the performance of the Servicer or for any acts or omissions of the Servicer. ARTICLE VIII LIMITATIONS ON LIABILITY 8.1 Limitation on Liability. Notwithstanding anything to the contrary herein, the liability of the Borrower hereunder and under the other Borrower Loan Documents and the Funding Loan Documents shall be limited to the extent set forth in the Borrower Notes. 8.2 Limitation on Liability of Governmental Lender. The Governmental Lender shall not be obligated to pay the principal (or prepayment price) of or interest on the Funding Loan, except from moneys and assets received by the Funding Lender on behalf of the Governmental Lender pursuant to the assignment by Governmental Lender to Funding Lender of this Borrower Loan Agreement. Neither the faith and credit nor the taxing power of the State, or any political su bdivision thereof, nor the faith and credit of the Governmental Lender is pledged to the payment of the principal (or prepayment price) of or interest on the Funding Loan. The Governmental Lender shall not be liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable 40 4906-0806-7411v5/200936-0009 theory, under or by reason of or in connection with this Borrower Loan Agreement or the Funding Loan Agreement, except only to the extent amounts are received for the payment thereof from the Borrower under this Borrower Loan Agreement. The Borrower hereby acknowledges that the Governmental Lender’s sole source of moneys to repay the Funding Loan will be provided by the payments made by the Borrower pursuant to this Borrower Loan Agreement, together with investment income on certain funds and accounts held by the Funding Lender under the Funding Loan Agreement, and hereby agrees that if the payments to be made hereunder shall ever prove insufficient to pay all principal (or prepayment price) of and interest on the Funding Loan as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon notice from the Funding Lender or the Servicer, the Borrower shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or prepayment price) of or interest on the Funding Loan, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Funding Lend er, the Borrower, the Governmental Lender or any third party, subject to any right of reimbursement from the Funding Lender, the Governmental Lender or any such third party, as the case may be, therefor but solely, in the case of the Governmental Lender, from the Pledged Revenues (as defined in the Funding Loan Agreement), other than with respect to any deficiency caused by the willful misconduct of the Governmental Lender. 8.3 Waiver of Personal Liability. No member, officer, agent or employee of the Governmental Lender or any of its members or any director, officer, agent or employee of the Governmental Lender shall be individually or personally liable for the payment of any principal (or prepayment price) of or interest on the Funding Loan or any other sum h ereunder or be subject to any personal liability or accountability by reason of the execution and delivery of this Borrower Loan Agreement; but nothing herein contained shall relieve any such member, director, officer, agent or employee from the performance of any official duty provided by law or by this Borrower Loan Agreement. 8.4 Limitation on Liability of Governmental Lender’s and Funding Lender’s Commissioners, Officers, Employees, Etc. (a) Borrower assumes all risks of the acts or omissions of the Governmenta l Lender and the Funding Lender, provided, however, this assumption is not intended to, and shall not, preclude the Borrower from pursuing such rights and remedies as it may have against the Governmental Lender and the Funding Lender at law or under any ot her agreement. None of Governmental Lender and the Funding Lender, or their respective commissioners, officers, directors, employees or agents shall be liable or responsible for (i) for any acts or omissions of the Governmental Lender and the Funding Lender; or (ii) the validity, sufficiency or genuineness of any documents, or endorsements, even if such documents should in fact prove to be in any or all respects invalid, insufficient, fraudulent or forged. In furtherance and not in limitation of the foregoing, the Governmental Lender and the Funding Lender may accept documents that appear on their face to be in order, without responsibility for further investigation, regardless of any notice or information to the contrary, unless acceptance in light of such notice or information constitutes gross negligence or willful misconduct on the part of the Funding Lender or willful misconduct on the part of the Governmental Lender. (b) None of the Governmental Lender or the Funding Lender or any of their respective commissioners, officers, directors, employees or agents shall be liable to any contractor, subcontractor, supplier, laborer, architect, engineer or any other party for services performed or 41 4906-0806-7411v5/200936-0009 materials supplied in connection with the Project. The Governmental Lender and the Funding Lender shall not be liable for any debts or claims accruing in favor of any such parties against Borrower or others or against the Project. The Borrower is not and shall not be an agent of the Governmental Lender and the Funding Lender for any purpose. Neither the Governmental Lender nor the Funding Lender is a joint venture partner with Borrower in any manner whatsoever. Prior to default by Borrower under this Borrower Loan Agreement and the exercise of remedies granted herein, the Governmental Lender and the Funding Lender shall not be deemed to be in privity of contract with any contractor or provider of services to the Project, nor shall any payment of funds directly to a contractor, subcontractor or provider of services be deemed to create any third party beneficiary status or recognition of same by the Governmental Lender and the Funding Lender. Approvals granted by the Governmental Lender and the Funding Lender for any matters covered under this Borrower Loan Agreement shall be narrowly construed to cover only the parties and facts identified in any written approval or, if not in writing, such approvals shall be solely for the benefit of Borrower. (c) Any obligation or liability whatsoever of the Governmental Lender and the Funding Lender that may arise at any time under this Borrower Loan Agreement or any other Borrower Loan Document shall be satisfied, if at all, out of the Funding Lender’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the Project or any of the Governmental Lender’s or the Funding Lender’s shareholders (if any), board members, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. [Remainder of Page Intentionally Left Blank] S-1 Riverhouse Hotel - Signature Page to Borrower Loan Agreement 4906-0806-7411v5/200936-0009 IN WITNESS WHEREOF, the undersigned has duly executed and delivered t his Borrower Loan Agreement or caused this Borrower Loan Agreement to be duly executed and delivered by its authorized representative as of the date first set forth above. BORROWER: RIVERHOUSE HOTEL, L.P., a California limited partnership By: Riverhouse Hotel LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, a member and the manager By: Andrea Osgood, Chief of Real Estate Development & Executive Vice President S-2 Riverhouse Hotel - Signature Page to Borrower Loan Agreement 4906-0806-7411v5/200936-0009 GOVERNMENTAL LENDER: COUNTY OF CONTRA COSTA, CALIFORNIA By: John Kopchik, Director Department of Conservation and Development S-3 Riverhouse Hotel - Signature Page to Borrower Loan Agreement 4906-0806-7411v5/200936-0009 FUNDING LENDER: CN FINANCING, INC., a California corporation By: Name: Its: 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4439 Name: Status:Type:Consent Item Passed File created:In control:8/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents and take related actions to refinance outstanding loans secured by Riverhouse Associates, L.P., provide additional County loan of $4,000,000 for the acquisition, conversion, and rehabilitation of an existing multifamily affordable rental housing development, known as Riverhouse Hotel, located at 700 Alhambra Avenue in the City of Martinez, and make related finding under the California Environmental Quality Act. (75% Federal, 25% Measure X) Attachments:1. Riverhouse Combined Promissory Note, 2. Riverhouse Development Loan Agreement, 3. Riverhouse Existing Loans Assignement Agreement, 4. Riverhouse HOME CDBG MX Regulatory Agreement, 5. Riverhouse Termination and Release of Regulatory Agreement, 6. Riverhouse Combined Deed of Trust Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Approval of Restructured $2,625,998 CDBG Loan(s) and Approval of New $2,000,000 CDBG Loan, $1,000,000 HOME Loan, and $1,000,000 Measure X Housing Loan for the Riverhouse Hotel Project in Martinez ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.APPROVE a loan of (i) Community Development Block Grant (CDBG) funds in the amount of $2,000,000, (ii) HOME Investment Partnership Program (HOME) funds in the amount of $1,000,000, and (iii) Measure X Housing Funds in the amount of $1,000,000 to Riverhouse Hotel, L.P., a California limited partnership (Developer), for use in the acquisition and rehabilitation of the Riverhouse Hotel project located at 700 Alhambra Avenue in the City of Martinez (the Property). 2.CONSENT to the assignment of two outstanding CDBG loans to the Developer that the County previously loaned to the current owner of the Property, Eden Housing, Inc. (Eden), having an original principal value of $2,625,998 (the Existing Loan). 3.AUTHORIZE the Conservation and Development Director, or designee, to execute loan documents between the County and the Developer to evidence (i) the $2,000,000 CDBG loan, (ii) the $1,000,000 HOME loan, (iii) the $1,000,000 Measure X loan (together, the New Loans), and (iv) the restructuring of the Existing Loan to be coterminous with the New Loans. 4.FIND, as the responsible agency, that on the basis of the whole record before the County, including the CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 4 powered by Legistar™ File #:25-4439,Version:1 California Environmental Quality Act (CEQA) review prepared by the City of Martinez, as the lead agency, that the development is statutorily exempt under CEQA Guidelines Section 15183; and DIRECT the Conservation and Development Director, or designee, to file a Notice of Exemption for Riverhouse Hotel with the County Clerk; and pay any required fee for the filing. FISCAL IMPACT: No General Funds impact. CDBG and HOME funds are provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD). 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. CFDA - CDBG 14.218 and HOME 14.239. BACKGROUND: Existing CDBG Loans On April 1, 2012, the County loaned $625,998 to Eden. The funds were used by Eden to acquire the Property and to rehabilitate the existing facility, which provides 75 units of multifamily rental housing to very low- income households (households earning between 30% and 50% of the area median income (AMI)) and low- income households (households earning between 50% and 80% of the AMI). On March 1, 2025, the County loaned $2,000,000 of CDBG funds to Eden to enable Eden to address accessibility issues and replace a security gate, as well as fund soft costs associated with the rehabilitation of the building. New County Loans; Project Description The new County loans, totaling $4,000,000, will be used to rehabilitate the facility and increase the number of housing units from 75 to 84. Once the rehabilitation is complete, the development will serve extremely low- income households (households earning no more than 30% of the AMI) and very low-income households (households earning between 30% and 50% of the AMI). One of the 84 units will be designated as a property manager’s unit. Of the 83 affordable units, there will be 75 County-assisted units as follows: Extremely Low-Income Units (0%-30% of AMI) Very Low-Income Units (30%-50% of AMI) Studio Units 36 County-Assisted Units (6 HOME-Assisted Units, 5 Measure X-Assisted Units, 25 CDBG-Assisted Units) 37 County-Assisted Units (5 Measure X-Assisted Units, 32 CDBG-Assisted Units) One-Bedroom Units 0 2 County-Assisted Units (1 HOME-Assisted Unit & 1 Measure X-Assisted Unit) Total Units 36 39 Loan Documents and Ownership Structure CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 4 powered by Legistar™ File #:25-4439,Version:1 To carry out the proposed rehabilitation, Eden has formed a new limited partnership, Riverhouse Hotel, L.P. Eden currently owns the property and leases the ground to Riverhouse Associates, an affiliate of Eden. Immediately prior to the closing of the new loans, the existing ground lease will be terminated and the new limited partnership, Riverhouse Hotel, L.P., will acquire the property and all the improvements. To enable the Developer to carry out these plans, the County must consent to the transfer of land and approve the assignment and assumption of the existing loans provided by the County. The New Loans will be provided in the form of a 55-year, residual receipt loan with a zero percent interest rate. Eden has requested a reduction of the interest rate for the New Loans and has stated it is necessary because the standard County interest rate of three percent would result in a steeply negative investor capital account and exit taxes in year 15. Reducing the interest rate to zero percent interest will mitigate the investor’s negative capital account and materially reduce the investor’s projected exit tax lability at the end of the 15-year compliance period, which will increase the financial feasibility of the project. The previously provided $2,000,000 CDBG loan will continue to bear interest at three percent simple interest and the previously provided $625,998 CDBG loan will bear interest at the applicable federal interest rate at the time of the transaction closing. There may be some loan repayments if the project has a surplus cash flow (also known as “residual receipts”) during the operation of the project. Affordability and use restrictions are incorporated into the attached County loan documents. The existing Regulatory Agreement recorded on the property will be terminated, and a new Regulatory Agreement will be executed and recorded to reflect the updated terms and the extended term of affordability. The County will have a Regulatory Agreement with a term of 55-years. Additional non-County financing for the project includes funds from the State of California Housing Rehabilitation Program, funds from the State of California Portfolio Reinvestment Program, a seller carryback loan, deferred developer fee, 4% tax credits, and tax-exempt bonds issued by the County as a conduit issuer where Riverhouse Hotel L.P., not the County, is responsible for making the principal and interest payments on the bonds (a separate item on this October 21, 2025 Board agenda addresses the bonds). Due to the high construction costs and limited revenue from the restricted rents, the total amount of the financing provided for 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 CDBG, HOME and Measure X funds may not be fully secured through the value of the property. However, the CDBG and HOME program funds are granted, not loaned, to the County, and the Measure X funds are allocated to DCD for expenditure, so the County general fund will not have any exposure as a result of this loan. The County structures its investments as loans rather than grants in order to maintain involvement in the financial team in the event the project experiences any serious issues over the 55-year term. Through this action, the Director of Conservation and Development and Director, or designee, is authorized to execute subordination agreements and estoppels that are consistent with the subordination terms in the Loan Agreement. Environmental Review National Environmental Policy Act (NEPA): CDBG and HOME funded 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 development loan agreement. The County, as a responsible agency under CEQA, concurs with the City of Martinez’s CEQA determination and will file the appropriate notice with the County’ Recorder’s Office. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 4 powered by Legistar™ File #:25-4439,Version:1 Build America Buy America Compliance The CDBG funds require compliance with Build America Buy America enacted under Division G, Title IX of the Infrastructure Investment and Jobs Act signed into law on November 15, 2021, implementing regulations at 2 CFR 184. All of the iron, steel, non-ferrous metals, lumber, and composite building materials utilized in federally funded projects with an aggregate of $250,000 or more of funds for the total project cost, funds, must be produced in the United States in a manner that complies with the Build America, Buy America Act. The CDBG funds provided are allocated out of the 2024 Program Year CDBG Grant Agreement between HUD and the County or from previous program years. CONSEQUENCE OF NEGATIVE ACTION: Without the approval execution of the County loan documents,the project will not be able to start construction on the rehabilitation.If the project doesn’t close and begin construction by November 2025,the project will be required to forgo the 4% tax credits and tax-exempt bonds that the project’s financing depends on. CONTRA COSTA COUNTY Printed on 1/2/2026Page 4 of 4 powered by Legistar™ 863\81\4049343.3 PROMISSORY NOTE (CDBG, HOME, Measure X Development Loan) $6,625,998 Martinez, California October ____, 2025 FOR VALUE RECEIVED, the undersigned Riverhouse Hotel, 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 Six Million Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Dollars ($6,625,998) plus interest thereon pursuant to Section 2 below. This promissory note (the "Note") replaces in their entirety the following promissory notes executed by Riverhouse Associates, a California Limited Partnership ("Riverhouse Associates"): (i) promissory note dated April 1, 2012 for the benefit of Holder, evidencing the obligation to pay the amount of Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Dollars ($625,998) of CDBG Funds; and, (ii) promissory note dated March 1, 2025 for the benefit of Holder, evidencing the obligation to pay the amount of Two Million Dollars ($2,000,000) of CDBG Funds (collectively, the "Original Notes"). All disbursements under the Original Notes will be deemed to be disbursed under this Note. Upon execution of this Note by Borrower, the Original Notes will automatically terminate and will be returned to Riverhouse Associates by the Holder. All capitalized terms used but not defined in this 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 Six Million Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Dollars ($6,625,998) with interest for the funds loaned to Borrower by Holder pursuant to the Loan Agreement. 2. Interest. (a) Existing $625,998 CDBG Loan. Subject to the provisions of Subsection (d) below, the Existing $625,998 CDBG Loan bears interest from the date of this Note at _______% compounding annually, until full repayment of the outstanding balance of the Existing $625,998 CDBG Loan. It is the intent that the interest rate stated in this Section 2(a) is the Applicable Federal Rate applicable to long-term loans with annual compounding, as calculated in accordance with Internal Revenue Code Section 1274(d) as of the date of this Note. (b) Existing $2,000,000 CDBG Loan. Subject to the provisions of Subsection (d) below, the Existing $2,000,000 CDBG 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 Existing $2,000,000 CDBG Loan. As of the date of this Note, the Existing $2,000,000 has accrued simple interest at a rate of three percent (3%) per annum in the amount of 863\81\4049343.3 $_______________ (the "Accrued Interest Amount"). The Accrued Interest Amount remains an outstanding obligation of Borrower. (c) New Loan. Subject to the provisions of Subsection (d) below, the New Loan will not bear interest. (d) 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 waived by Holder. 3. Term and Repayment Requirements. Principal and interest under this Note, including the Accrued Interest Amount, is due and payable as set forth in Section 2.10 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 Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Loan is due and payable on the fifty-seventh (57th) anniversary of the date of this Note. 4. No Assumption. This Note is not assumable by the successors and assigns of Borrower without the prior written consent of Holder, except as provided in the Loan Agreement. 5. Security. This Note, with interest, is secured by the Deed of Trust. Upon execution, the Deed of Trust will be recorded in the official records of Contra Costa County, California. Upon recordation of the Deed of Trust, this Note will become nonrecourse to Borrower, pursuant to and except as provided in Section 2.12 of the Loan Agreement which Section 2.12 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: Deputy Director – Housing & Community Improvement, 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 863\81\4049343.3 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. 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. 863\81\4049343.3 (d) The times for the performance of any obligations hereunder are to be strictly construed, time being of the essence. (e) The Loan Documents, of which this Note is a part, contain the entire agreement between the parties as to the Loan. This Note may not be modified except upon the written consent of the parties. [signature on following page] Signature page County Loan Note 863\81\4049343.3 IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and year first above written. RIVERHOUSE HOTEL, L.P., a California limited partnership By: Riverhouse Hotel LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, a member and the manager By: ____________________________ Andrea Osgood, Chief of Real Estate Development & Executive Vice President 1 863\81\4049948.3 DEVELOPMENT LOAN AGREEMENT (Riverhouse Hotel) This Development Loan Agreement (the "Agreement") is dated October ___, 2025, and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Riverhouse Hotel, 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. Borrower is acquiring from Riverhouse Associates, a California Limited Partnership ("Riverhouse Associates") and Eden Housing, Inc., a California nonprofit public benefit corporation ("Eden") (collectively, the "Seller") that certain improved real property located at 700 Alhambra Avenue, in the City of Martinez, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to rehabilitate the existing seventy-five (75) units of multifamily rental housing and attendant site improvements located on the Property and add an additional nine (9) units by converting existing commercial space into apartments on the Property for a total of eight-four (84) units, for rental to extremely low and very low, income households, including one unrestricted manager's unit (the "Improvements"). Together the Property and its improvements are collectively referred to as the "Development." C. The County previously made two CDBG loans to Riverhouse Associates for use in the operation and renovation of the Development, having a total principal amount of Two Million Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Dollars ($2,625,998) and consisting of the Existing $625,998 CDBG Loan and the Existing $2,000,000 CDBG Loan (together, the "Existing Development Loans"). Pursuant to the Assignment Agreement, Riverhouse Associates assigned, and Borrower assumed, the Existing Development Loans. D. Through this Agreement, the County is loaning Borrower Two Million Dollars ($2,000,000) in CDBG Funds, One Million Dollars ($1,000,000) in HOME Funds, and One Million Dollars ($1,000,000) in Measure X Funds, for a total of Four Million Dollars ($4,000,000) (collectively, the "New Loan"). E. The sum of the Existing Development Loans and New Loan is Six Million Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Thousand Dollars ($6,625,998) (the "Combined County Loan"). In accordance with Section 2.3 of this Agreement, at Closing, the Combined County Loan is secured by the Deed of Trust and evidenced by the Note, and the Regulatory Agreement. F. The Combined County Loan is funded with: (i) Home Investment Partnerships Act 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.) ("HOME Funds") which must be used in accordance with the HOME Regulations; (ii) funds from HUD under Title I of the Housing and Community Development Act of 1974, as amended ("CDBG Funds") which must be used in accordance with 24 C.F.R. 2 863\81\4049948.3 Part 570; and (iii) Measure X funds which are funded by a countywide 20-year, ½ cent sales tax approved on November 3, 2020 by the voters of Contra Costa County (the "Measure X Funds"). On November 16, 2021, the County Board of Supervisors approved the Measure X 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. G. Due to the assistance provided Borrower through the Combined County Loan, the County is designating seventy-five (75) units of affordable housing as assisted by the County (the "County-Assisted Units"). H. In accordance with Section 15183 of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA") the City has determined to be exempt from the requirements of CEQA. I. 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) "Accrued Interest Amount" has the meaning set forth in 2.2(b). (c) "Agreement" means this Development Loan Agreement. (d) "Annual Operating Budget" has the meaning set forth in Section 4.4. (e) "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) monitoring fees payable to HCD for the HCD PRP Loan pursuant to California Code of Regulations, Title 25, Section 7308; (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; 3 863\81\4049948.3 (iv) fees paid to the Governmental Lender; (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/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/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 4.2(a); (xv) cash deposited into the Operating Reserve Account to maintain the amount set forth in Section 4.2(b) (excluding amounts deposited to initially capitalize the account); (xvi) payment of any previously unpaid portion of Developer Fee (without interest), not to exceed the amount set forth in Section 3.17; (xvii) extraordinary operating costs specifically approved in writing by the County; and (xviii) 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 4 863\81\4049948.3 account, any amount expended from a reserve account, and any capital cost associated with the Development. (f) "Annual Payment" has the meaning in Section 2.10(a). (g) "Approved Development Budget" means the proforma development budget, including sources and uses of Approved Financing, as approved by the County pursuant to Section 3.16 below, and attached hereto and incorporated herein as Exhibit B. (h) "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 rehabilitation of the Development: (i) tax-exempt construction loan from Contra Costa County (the "Governmental Lender") to Borrower, in the maximum aggregate principal amount of ____________________Dollars ($___________) (the "Tax-Exempt Construction Loan") made with the proceeds of a separate funding loan, with matching economic terms, made to the Governmental Lender pursuant to the Funding Loan Agreement by and among the Bank, acting in its capacity as Funding Lender, as defined therein, and as assignee and agent of the Governmental Lender with respect to the Tax-Exempt Construction Loan, the Governmental Lender, and U.S. Bank Trust Company, National Association, as Fiscal Agent, which funding loan is evidenced by Contra Costa County, California, Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series A (Tax-Exempt); (ii) taxable construction loan from the Governmental Lender to Borrower, in the maximum aggregate principal amount of ___________________________ Dollars ($_______________) (the "Taxable Construction Loan") made with the proceeds of a separate funding loan, with matching economic terms, made to the Governmental Lender pursuant to the Funding Loan Agreement by and among the Bank, the Governmental Lender, and U.S. Bank Trust Company, National Association, as Fiscal Agent, which funding loan is evidenced by Contra Costa County, California, Multifamily Housing Revenue Note (Riverhouse Hotel), 2025 Series B (Taxable); (iii) the Low Income Housing Tax Credit investor equity funds in the approximate amount of ___________________________Dollars ($________________) (the "Tax Credit Investor Equity") provided by the Investor Limited Partner; (iv) the loan from Riverhouse Associates in the approximate amount of _______________________________ Dollars ($_________________) (the "Seller Loan"); (v) the loan from HCD pursuant to the Portfolio Reinvestment Program in the approximate amount of ______________________Dollars ($__________) (the "HCD PRP Loan"); (vi) the capital contribution from Borrower's general partner in the approximate amount of __________________________ Dollars ($________________) made up of project reserves and developer fee amounts (the "GP Capital Contribution"); and 5 863\81\4049948.3 (vii) the loan from Eden in the approximate amount of _______________________________ Dollars ($_________________) (the "Sponsor Loan"). (i) "Assignment Agreement" means the Assignment, Assumption and Consent Agreement dated October ___, 2025, by and among Riverhouse Associates, the County, and Borrower. (j) "Available Net Proceeds" means the result obtained by multiplying the Net Proceeds of Permanent Financing by 0.75. (k) "BABA" means the Build America, Buy America Act enacted under Division G, Title IX of the Infrastructure Investment and Jobs Act (IIJA, Pub. L. No. 117-58) signed into law on November 15, 2021, implementing regulations at 2 CFR 184, and HUD Notice CPD-25-01 issued January 13, 2025. (l) "BABA Covered Materials" has the meaning set forth in Section 3.7(c). (m) "Bank" means CN Financing, Inc., a California corporation, and its successors and assigns. (n) "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. (o) "Borrower" has the meaning set forth in the first paragraph of this Agreement. (p) "Borrower's Share of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. (q) "CDBG Funds" has the meaning set forth in Paragraph F of the Recitals. (r) "CEQA" has the meaning set forth in Paragraph H of the Recitals. (s) "City" means the City of Martinez, a municipal corporation. (t) "Closing" means the date that Borrower acquires the Property and the grant deed evidencing such acquisition is recorded in the Official Records. (u) "Combined County Loan" has the meaning set forth in Paragraph E of the Recitals. (v) "Commencement of Construction" has the meaning set forth in Section 3.5. (w) "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. 6 863\81\4049948.3 (x) "Construction Plans" means all construction documentation upon which Borrower and Borrower's general contractor rely in rehabilitating 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"). (y) "County" has the meaning set forth in the first paragraph of this Agreement. (z) "County Additional Share of Residual Receipts" means twenty-five percent (25%) of Residual Receipts. (aa) "County-Assisted Units" has the meaning set forth in Paragraph G of the Recitals. (bb) "County Loan Prorata Percentage" means the result, expressed as a percentage, obtained by dividing the Combined County Loan minus any Special County Loan Repayment by the sum of (i) the Combined County Loan minus any Special County Loan Repayment, and (ii) the HCD PRP Loan, to the extent all such funds are disbursed. (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 Combined County 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 3.17. (ff) "Development" has the meaning set forth in Paragraph B of the Recitals. (gg) "Development Fiscal Year" means for the Development, the annual period commencing on January 1 and concluding on December 31 each year. (hh) "Eden" has the meaning set forth in Paragraph B of the Recitals. (ii) "Eligible Household" means a household qualified to occupy a HOME- Assisted Unit pursuant to Section 2.1 of the Regulatory Agreement. (jj) "Event of Default" has the meaning set forth in Section 6.1. (kk) "Existing $625,998 CDBG Loan" has the meaning set forth in Section 2.1(a). (ll) "Existing $625,998 CDBG Loan Agreement" has the meaning set forth in Section 2.1(a). 7 863\81\4049948.3 (mm) "Existing $625,998 CDBG Loan Deed of Trust" has the meaning set forth in Section 2.1(a). (nn) "Existing $625,998 CDBG Loan Note" has the meaning set forth in Section 2.1(a). (oo) "Existing $2,000,000 CDBG Loan" has the meaning set forth in Section 2.1(b). (pp) "Existing $2,000,000 CDBG Loan Agreement" has the meaning set forth in Section 2.1(b). (qq) "Existing $2,000,000 CDBG Loan Deed of Trust" has the meaning set forth in Section 2.1(b). (rr) "Existing $2,000,000 CDBG Loan Note" has the meaning set forth in Section 2.1(b). (ss) "Existing Development Loans" has the meaning set forth in Paragraph C of the Recitals. (tt) "Existing CDBG Loans Regulatory Agreement" has the meaning set forth in Section 2.1(a). (uu) "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. (vv) "Final Cost Certification" has the meaning set forth in Section 4.3. (ww) "Final Development Cost" means the total of the cost of acquisition and rehabilitation of the Development as shown on the Final Cost Certification. (xx) "Governmental Lender" has the meaning set forth in Section 1.1(h)(i). (yy) "GP Capital Contribution" has the meaning set forth in Section 1.1(h)(vi). (zz) "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 or other rental or operating subsidy payments received for the dwelling units; (iii) deposits forfeited by tenants; (iv) all cancellation fees; 8 863\81\4049948.3 (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 from Borrower's partners or similar advances. (aaa) "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. (bbb) "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. (ccc) "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. (ddd) "HCD" means the California Department of Housing and Development. (eee) "HCD PRP Loan" has the meaning set forth in Section 1.1(h)(v). (fff) "HOME-Assisted Unit" has the meaning set forth in the Regulatory Agreement. (ggg) "HOME Funds" has the meaning set forth in Paragraph F of the Recitals. (hhh) "HOME Regulations" means 24 C.F.R. Part 92. 9 863\81\4049948.3 (iii) "Housing Authority" means the Housing Authority of the County of Contra Costa. (jjj) "HUD" has the meaning set forth in Paragraph F of the Recitals. (kkk) "Improvements" has the meaning set forth in Paragraph B of the Recitals. (lll) "Investor Limited Partner" means MCC Housing LLC, a California limited liability company, and its successors and assigns. (mmm) "Lenders' Share of Residual Receipts" means fifty percent (50%) of Residual Receipts. (nnn) "Loan Documents" means this Agreement, the Note, the Regulatory Agreement, the Assignment Agreement, and the Deed of Trust. (ooo) "Measure X Funds" has the meaning set forth in Paragraph F of the Recitals. (ppp) "NEPA" has the meaning in paragraph I of the Recitals. (qqq) "New Loan" has the meaning set forth in paragraph D of the Recitals. (rrr) "Net Proceeds of Permanent Financing" means the amount by which Permanent Financing exceeds the Final Development Costs. (sss) "Note" means the promissory note of even date herewith that evidences Borrower's obligation to repay the Combined County Loan. (ttt) "Official Records" means the official records of Contra Costa County. (uuu) "Operating Reserve Account" has the meaning set forth in Section 4.2(b). (vvv) "Partnership Agreement" means the First Amended and Restated Agreement of Limited Partnership, dated on October_____, 2025, that governs the operation and organization of Borrower as a California limited partnership. (www) "Partnership/Asset Fee" means: (i) partnership management fees (including any asset management fees) payable pursuant to the Partnership Agreement to any partner of Borrower during the Fifteen Year Compliance Period; 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 3.18. (xxx) "Permanent Closing" means the date the Tax-Exempt Construction Loan and Taxable Construction Loan are paid off in full. (yyy) "Permanent Financing" means the sum of the following amounts: (i) the Combined County Loan; (ii) the Seller Loan; (iii) the HCD PRP Loan; (iv) the Tax Credit Investor Equity; (v) the GP Capital Contribution; and (vi) the Sponsor Loan. 10 863\81\4049948.3 (zzz) "Property" has the meaning set forth in Paragraph B of the Recitals. (aaaa) "Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the County and Borrower evidencing HUD and County requirements applicable to the County-Assisted Units to be recorded against the Property. (bbbb) "Rental Shortfall Due Date" has the meaning set forth in Section 2.10(c)(i). (cccc) "Rental Shortfall Payment" has the meaning set forth in Section 2.10(c)(ii). (dddd) "Replacement Reserve Account" has the meaning set forth in Section 4.2(a). (eeee) "Residual Receipts" means for each calendar year, the amount by which Gross Revenue exceeds Annual Operating Expenses. (ffff) "Retention Amount" means Fifty Thousand Dollars ($50,000) of the New Loan, the disbursement of which is described in Section 2.9. (gggg) "Riverhouse Associates" has the meaning set forth in Paragraph B of the Recitals. (hhhh) "Seller" has the meaning set forth in Paragraph B of the Recitals. (iiii) "Seller Loan" has the meaning set forth in Section 1.1(h)(iv). (jjjj) "Senior Loan" has the meaning set forth in Section 2.7. (kkkk) "Special County Loan Payment" has the meaning in Section 2.10(b). (llll) "Sponsor Loan" has the meaning set forth in Section 1.1(h)(vii). (mmmm) "Statement of Residual Receipts" means an itemized statement of Residual Receipts. (nnnn) "Taxable Construction Loan" has the meaning set forth in Section 1.1(h)(ii). (oooo) "Tax Credit Investor Equity" has the meaning set forth in Section 1.1(h)(iii). (pppp) "Tax-Exempt Construction Loan" has the meaning set forth in Section 1.1(h)(ii]). (qqqq) "TCAC" means the California Tax Credit Allocation Committee. 11 863\81\4049948.3 (rrrr) "Tenant" means the tenant household that occupies a unit in the Development. (ssss) "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 Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this Agreement. (tttt) "Transfer" has the meaning set forth in Section 6.1 of the Regulatory Agreement. 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 Overview of Existing Development Loans. (a) Existing $625,998 CDBG Loan. On April 1, 2012, the County made a loan to Riverhouse Associates of Six Hundred Twenty-Five Thousand Nine Hundred Ninety- Eight Thousand Dollars ($625,998) (the "Existing $625,998 CBDG Loan"). The Existing $625,998 CDBG Loan is evidenced by (i) a promissory note dated April 1, 2012 executed by Riverhouse Associates (the "Existing $625,998 CDBG Loan Note"), (ii) a loan agreement between Riverhouse Associates and the County dated April 1, 2012 (the "Existing $625,998 CDBG Loan Agreement"), (iii) a deed of trust dated April 1, 2012 executed by Riverhouse Associates and Eden for the benefit of the County and recorded against the Property on August 1, 2012, as Instrument Number 2012-0183045 (the "Existing $625,998 CDBG Loan Deed of Trust"), and (iv) a regulatory agreement and declaration of restrictive covenants dated April 1, 2012, by and among the County, Riverhouse Associates, and Eden and recorded against the Property on August 1, 2012, as Instrument Number 2012-0183044 (the "Existing CDBG Loans Regulatory Agreement"). (b) Existing $2,000,000 CDBG Loan. On March 1, 2025, the County made a loan to Riverhouse Associates of Two Million Dollars ($2,000,000) (the "Existing $2,000,000 CBDG Loan"). The Existing $2,000,000 CDBG Loan is evidenced by (i) a promissory note dated March 1, 2025 executed by Riverhouse Associates (the "Existing $625,998 CDBG Loan Note"), (ii) a loan agreement between Riverhouse Associates and the County dated March 1, 2025 (the "Existing $2,000,000 CDBG Loan Agreement"), (iii) a deed of trust dated March 1, 2025, executed by Riverhouse Associates and Eden for the benefit of the County and recorded against the Property on April 10, 2025 as Instrument Number 2025-0034193 (the "Existing $2,000,000 CDBG Loan Deed of Trust"), and (iv), the Existing CDBG Loans Regulatory 12 863\81\4049948.3 Agreement. Section 2.2 Combined County Loan. The Combined County Loan is comprised of the Existing $625,998 CDBG Loan, the Existing $2,000,000 CDBG Loan, and the New Loan. (a) Existing $625,998 CDBG Loan. The outstanding principal balance of the Existing $625,998 CDBG Loan is Six Hundred Twenty-Five Thousand Nine Hundred Ninety- Eight Thousand Dollars ($625,998). No interest has accrued on the Existing $625,998 CDBG Loan. Borrower has assumed the Existing $625,998 CDBG Loan from Riverhouse Associates pursuant to the Assignment Agreement. (b) Existing $2,000,000 CDBG Loan. The outstanding principal balance of the Existing $2,000,000 CDBG Loan is Two Million Dollars ($2,000,000). As of the date of the Note, the Existing $2,000,000 CDBG Loan has accrued simple interest at a rate of three percent (3%) per annum in the amount of $_______________ (the "Accrued Interest Amount"). Borrower has assumed the Existing $2,000,000 CDBG Loan and the Accrued Intertest Amount from Riverhouse Associates pursuant to the Assignment Agreement. (c) New Loan. Upon the satisfaction of the conditions set forth in Section 2.8 and Section 2.9 of this Agreement, the County will disburse to Borrower the New Loan for the purposes set forth in Section 2.5 of this Agreement. Section 2.3 New County Loan Documents. (a) Loan Agreement. This Agreement replaces the Existing $625,998 CDBG Loan Agreement and the Existing $2,000,000 CDBG Loan Agreement in their entirety. (b) Promissory Note. At Closing, the County is cancelling the Existing $625,998 CDBG Loan Note and the Existing $2,000,000 CDBG Loan Note, and Borrower is executing the Note. (c) Deed of Trust. At Closing, the County is reconveying the Existing $625,998 CDBG Loan Deed of Trust and the Existing $2,000,000 CDBG Deed of Trust, and is recording the Deed of Trust as a lien against the Property. (d) Regulatory Agreement. At Closing, the County is terminating the Existing CDBG Loans Regulatory Agreement and is recording the Regulatory Agreement against the Property. Section 2.4 Interest on Loans. (a) Existing $625,998 CDBG Loan. Subject to the provisions of Subsection (d) below, the Existing $625,998 CDBG Loan bears interest from the date of the Note at _______% compounding annually, until full repayment of the outstanding balance of the Existing $625,998 CDBG Loan. It is the intent that the interest rate stated in this Section 2.4(a) is the Applicable Federal Rate applicable to long-term loans with annual compounding, as calculated in accordance with Internal Revenue Code Section 1274(d) as of the date of the Note. 13 863\81\4049948.3 (b) Existing $2,000,000 CDBG Loan. Subject to the provisions of Subsection (d) below, the Existing $2,000,000 CDBG 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 Existing $2,000,000 CDBG Loan. (c) New Loan. Subject to the provisions of Subsection (d) below, the New Loan does not bear interest. (d) Default Interest. Upon the occurrence of an Event of Default, interest on the outstanding principal balance of the Combined County Loan will accrue at the Default Rate, beginning on the date of such occurrence and continuing until the date the Combined County Loan is repaid in full or the Event of Default is cured. Section 2.5 Use of New Loan. Borrower shall use the New Loan for the acquisition of the Property and hard and soft construction costs eligible for reimbursement by HOME Funds, CDBG Funds, and Measure X Funds, consistent with the Approved Development Budget. Borrower may not use the New Loan for any other purposes without the prior written consent of the County. Use of the HOME Funds for reimbursement of costs incurred prior to the date of this Agreement is subject to Section 92.206(d)(1) of the HOME Regulations. Section 2.6 Security. In consideration of the Combined County Loan, Borrower shall (i) secure its obligation to repay the Combined County Loan, as evidenced by the Note, by executing the Deed of Trust, and cause or permit it to be recorded as a lien against the Property, junior to the Tax-Exempt Construction Loan, Taxable Construction Loan, and the HCD PRP Loan pursuant to Section 2.7 below, senior to the Seller Loan and Sponsor Loan, and (ii) execute the Regulatory Agreement, and cause or permit it to be recorded against the Property. Section 2.7 Subordination. (a) Any agreement by the County to subordinate the Deed of Trust and/or Regulatory Agreement to an encumbrance securing and/or evidencing the Tax-Exempt Construction Loan, Taxable Construction Loan, the HCD PRP Loan, or any loan obtained by Borrower to refinance the Tax-Exempt Construction Loan, Taxable Construction Loan, or the HCD PRP Loan, (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 licensed financial institution, a government sponsored enterprise, 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. 14 863\81\4049948.3 (iii) Borrower demonstrates to the County's satisfaction that subordination of the Deed of Trust and the Regulatory Agreement 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 Agreement 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 Combined County 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. (vi) The subordination does not limit the effect of the Deed of Trust and the Regulatory Agreement 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 2.8 Conditions Precedent to Closing and Disbursement of New Loan for Construction. Until the conditions set forth in Section 2.9 have been met, the disbursements of the New Loan made pursuant to this Agreement may not exceed Three Million Nine Hundred and Fifty Thousand Dollars ($3,950,000). The County is not obligated to authorize closing on the Loan, or disburse any portion of the New 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, or under any other agreement between the County and Borrower; (b) Borrower holds title to the Property or is acquiring title to the Property 15 863\81\4049948.3 simultaneously with the closing of the New Loan or disbursement of the New Loan; (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 Combined County 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 4.13 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 and the Regulatory Agreement have been recorded against the Property in the Office of the Recorder of the County of Contra Costa (may occur concurrently with closing of the New Loan); (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 Combined County Loan, subject only to such 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 rehabilitation 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 New Loan, together with other funds or firm commitments for funds that Borrower has obtained in connection with the rehabilitation of the Development, are not less than the amount the County determines is necessary to pay for the rehabilitation of the Development and to satisfy all of the covenants contained in this Agreement and the Regulatory Agreement; (k) Borrower has obtained all permits and approvals necessary for the rehabilitation of the Development; (l) The County has received and approved the Bid Package for the 16 863\81\4049948.3 subcontractors for the rehabilitation 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 rehabilitation 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 the equity financings that comprise the Approved Financing described in Section 1.1(h) and has already received, or is eligible to receive, the funds, 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 and conditions of the Partnership Agreement; (q) The County has received the fully executed Standard Agreement among Eden, Borrower and HCD governing the commitment of the HCD PRP 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; (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 eighteen (18) 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 October 1, 2027; and (v) As a condition to disbursing the New Loan proceeds, the County has received a written draw request from Borrower, including: (i) certification that the condition set forth in Section 2.8(a) continues to be satisfied; (ii) certification that the proposed uses of funds is consistent with the Approved Development Budget; (iii) if applicable, certification that the work is in compliance with BABA; (iv) the amount of funds needed; and, (v) 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. 17 863\81\4049948.3 Section 2.9 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 the following for all units in the Development and specifically identifying which units are the County-Assisted Units: (i) the income, household size, race, and ethnicity of Tenants; and (ii) the unit address, unit size, rent amount and utility allowance; (b) The County has received a draft 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 allowing the Development to be legally occupied; (d) The County has received from Borrower current evidence of the insurance coverage meeting the requirements of Section 4.13 below; (e) The County has received from Borrower a form of Tenant lease; (f) The County has received from Borrower a Marketing Plan, a Tenant Selection Plan, and Technology Plan as defined in the Regulatory Agreement; (g) The County has received a copy of a social services plan and social 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 4.5(b)(xx) of the Regulatory Agreement, and MBE/WBE requirements; (j) If Borrower was required to comply with relocation requirements as set forth in Section 3.20 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) pursuant to the HUD regulations governing the New 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; 18 863\81\4049948.3 (m) If Borrower is required to comply with BABA, the County has received all documents required to be maintained pursuant to Section 3.7(c) below; (n) The County has received from Borrower evidence of compliance with all NEPA mitigation requirements as set forth in Exhibit C; (o) 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 eighteen (18) units in the Development; and (p) The County has received a written draw request from Borrower, including certification that the condition set forth in Section 2.8(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 2.10 Repayment Schedule. (a) Annual Payments of Combined County Loan. Commencing on June, 1 2028, and on June 1 of each year thereafter during the Term, Borrower shall make a Combined County 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 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. (b) Special Repayments of Combined County Loan from Net Proceeds of Permanent Financing. To the extent consistent with the regulations applicable to the HCD PRP 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 Combined County Loan, an amount equal to the Available Net Proceeds (the "Special County Loan Payment"). No later than one hundred eighty (180) days following completion of rehabilitation 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. 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-Assisted Units to be rented to and occupied by an Eligible Household in accordance with the 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 eighteen (18) months after the Completion Date. 19 863\81\4049948.3 (ii) The "Rental Shortfall Payment" is an amount equal to the result obtained by multiplying (1) the number of HOME-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 Funds portion of the Combined County Loan and the denominator of which is the number of HOME- Assisted Units. (iii) Interest on the Rental Shortfall Payment will accrue in accordance with Section 2.4(c) 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 Combined County Loan. Borrower shall pay all outstanding principal and accrued interest on the Combined County Loan, in full, on the earliest to occur of: (i) any Transfer other than as permitted pursuant to Section 6.1 of the Regulatory Agreement; (ii) an Event of Default; and (iii) the expiration of the Term. (e) Prepayment. Borrower may prepay the Combined County Loan at any time without premium or penalty. However, the Regulatory Agreement and the Deed of Trust (as security for the Regulatory Agreement) will remain in effect for the entire Term, regardless of any prepayment or Transfer. Section 2.11 Reports and Accounting of Residual Receipts. (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, 2027 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 Residual Receipts, the Lenders' Share of Residual Receipts, and the County 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 Residual Receipts, the Lenders' Share of Residual Receipts, and the County Share of Residual Receipts. 20 863\81\4049948.3 (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 Combined County 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 2.12 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 Combined County Loan. Following recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of, or interest on, the Note 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 Note, or impairs the right of County to assert the unpaid principal amount of the Note 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 Note. 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, gross negligence, 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 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 REHABILITATION 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 the rehabilitation of the Development no later than November 17, 2025 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) 21 863\81\4049948.3 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 rehabilitation of the Development is to provide that at least ten percent (10%) of the costs incurred will be payable only upon completion of the rehabilitation, subject to early release of retention for specified subcontractors upon approval by the County. The construction contract will include all applicable CDBG and HOME requirements set forth in Section 4.5 of the 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 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 rehabilitation of the Development in an amount equal to one hundred percent (100%) of the scheduled cost of the rehabilitation 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, 2025, 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 rehabilitation of the Development in the notice to proceed issued by Borrower to Borrower's general contractor. 22 863\81\4049948.3 Section 3.6 Completion of Construction. Borrower shall diligently prosecute rehabilitation of the Development to completion and shall cause the rehabilitation of the Development to be completed no later than October 1, 2027, or such later date that the County approves in writing. Section 3.7 Changes; Construction Pursuant to Plans and Laws. (a) Changes. Borrower shall rehabilitate 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 exceeds Two Hundred Fifty Thousand Dollars ($250,000) or ten percent (10%) of the Combined County 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 federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter; (ii) the regulations governing the CDBG Funds and HOME Funds including the property standards set out in 24 C.F.R. 92.251 as implemented by Section 5.6 of the 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; (iv) the requirements of BABA; and (v) 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. 23 863\81\4049948.3 (c) BABA Compliance. (i) Borrower acknowledges that the rehabilitation of the Development is an "infrastructure project" as defined in BABA and that the portion of the New Loan funded with CDBG Funds is "federal financial assistance" as defined in BABA, from fiscal year 2024, that requires compliance with BABA. BABA applies for the entire term of the rehabilitation of the Development and applies to the entire rehabilitation of the Development regardless of the use of the CDBG Funds. Borrower shall cause the rehabilitation of the Development to be in compliance with BABA and shall cause the contractor and subcontractors for the Development to comply with BABA and maintain all required documentation to support such compliance. Pursuant to BABA, Borrower is required to apply a domestic content procurement preference for all "iron and steel products", and " specifically listed construction materials" (the "BABA Covered Materials") incorporated into the Development. All such BABA Covered Materials incorporated into the Development must be produced in the United States. Definitions of "iron and steel products", and "construction materials specifically listed" may be found in 2 C.F.R. Part 184 and are incorporated herein by this reference. (ii) Borrower acknowledges that there are general applicability waivers established by HUD that apply to all projects and do not require HUD approval, and project-specific waivers that require HUD approval. For a general waiver, the County shall make the determination as to whether Borrower has met the BABA waiver requirements. Borrower shall provide the County such information as required by the County for the County to make such determination. If Borrower intends to apply for a project-specific waiver from compliance with BABA, Borrower shall provide the County the with information and documents such that the County may complete the HUD waiver request in such form as required by HUD. Borrower acknowledges that it is the County who provides the waiver documents to HUD and the County is under no obligation to provide any waiver documents to HUD unless it has reviewed and approved the documentation provide by Borrower and agrees with Borrower's waiver rational. The County will not submit any waiver documents to HUD unless Borrower has conducted a due diligence search and has been unable to locate BABA Covered Materials that will allow the Borrower to comply with BABA. Such due diligence search shall include good faith efforts to contact a minimum of three (3) manufacturers or suppliers to determine if a BABA-compliant material is available in sufficient quantity and satisfactory quality. If Borrower commences rehabilitation on the Development while seeking a waiver, any rehabilitation work performed during such time must be in compliance with BABA. (iii) From the date of this Agreement until three (3) years after the rehabilitation of the Development is completed, Borrower shall maintain records that demonstrate compliance with BABA including but not limited to: (1) a list of the BABA Covered Materials in the Development; (2) total budget for the Development and the total cost of the BABA Covered Materials; (3) tracking of the purchases of the BABA Covered Materials in sufficient detail to identify the source of such materials; 24 863\81\4049948.3 (4) marketing research showing efforts to secured BABA- compliant materials; and (5) a certification from the contractor stating that the BABA Covered Materials comply with BABA unless exempted by a general applicability waiver and/or a project-specific waiver. (iv) For BABA Covered Materials purchased pursuant to a waiver, Borrower shall obtain and maintain adequate information to validate that the purchase was covered by a waiver. (v) The County shall have access to and the right to examine, at any time and at its sole discretion, any of Borrower's books, documents, papers, or other records relating to the BABA Covered Materials used in the rehabilitation of the Development. (vi) 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 comply with BABA in connection with the rehabilitation of the Development. This obligation to indemnify survives the termination of this Agreement, the repayment of the Combined County Loan, and the reconveyance of the Deed of Trust. Section 3.8 Prevailing Wages. (a) Davis Bacon. Borrower shall cause rehabilitation of the Development to be in compliance with the prevailing wage requirements of the federal Davis-Bacon Act (40 U.S.C. 3141-3148). 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 the prevailing wage provisions of the federal Davis-Bacon Act and implementing rules and regulations in connection with the rehabilitation of the Development or any other work undertaken or in connection with the Property. This obligation to indemnify survives the termination of this Agreement, the repayment of the Combined County Loan, and the reconveyance of the Deed of Trust. (b) State Prevailing Wages. (i) To the extent required by applicable law Borrower shall: (1) pay, and shall cause any consultants or contractors to pay, prevailing wages in the rehabilitation of the Development as those wages are determined pursuant to California Labor Code Section 1720 et seq.; (2) 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 25 863\81\4049948.3 provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing regulations of the DIR; (3) 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.; (4) 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; (5) cause contractors and subcontractors rehabilitating the Development to be registered as set forth in California Labor Code Section 1725.5; (6) cause its contractors and subcontractors, in all calls for bids, bidding materials and the construction contract documents for the rehabilitation of the Development to specify that: (A) no contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the rehabilitation of the Development unless registered with the DIR pursuant to California Labor Code Section 1725.5; and (B) the rehabilitation of the Development is subject to compliance monitoring and enforcement by the DIR. (7) 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/); (8) cause its contractors to post job site notices, as prescribed by regulation by the DIR; and (9) 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. (ii) Borrower shall indemnify, hold harmless and defend (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 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 rehabilitation of the Development or any other work undertaken or in connection with the Property. This obligation 26 863\81\4049948.3 to indemnify survives the termination of this Agreement, the repayment of the Combined County 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, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a): (i) a minimum of five (5) units of the Improvements must be rehabilitated to be fully accessible to households with a mobility impaired member and, (ii) an additional two (2) units of the Improvements must be rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non-substantial alterations must comply with 24 C.F.R. 8.23(b). In compliance 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. (c) Borrower shall indemnify, hold harmless and defend (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 or other amounts arising out of the failure or alleged failure of any person or entity (including Borrower, its architect, contractor and subcontractors) to rehabilitate the Development in accordance with the Accessibility Requirements. This obligation to indemnify survives the termination of this Agreement, the repayment of the Combined County Loan, and the reconveyance of the Deed of Trust. Section 3.10 Equal Opportunity. During the rehabilitation 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. 27 863\81\4049948.3 Section 3.11 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 rehabilitation 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 rehabilitation of the Development. A listing of minority owned and women owned businesses located in the 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 3.12 Progress Reports. Until such time as Borrower has received a certificate of occupancy (or functional equivalent) from the County for the Development, Borrower shall provide the County with quarterly progress reports regarding the status of the rehabilitation 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 3.16 below. Section 3.13 Construction Responsibilities. (a) Borrower is responsible for the coordination and scheduling of the work to be performed so that commencement and completion of the rehabilitation 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 rehabilitation of the Development. Section 3.14 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 Combined County 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 evidence that a surety bond in statutory form and amount (or such other form and amount approved by the County), 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 28 863\81\4049948.3 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 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 3.15 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, at its option, may perform inspections both during and upon completion of construction of the Development to determine if the Development is being constructed in accordance with the HOME Requirements, including the property standards set forth in 24 C.F.R. 92.251. Borrower shall give the County notice when the rehabilitation 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 3.16 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 3.17 Developer Fee. The maximum cumulative Developer Fee that may be paid to any entity or entities providing development services to the Development (the "Developer"), 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(v). The amount of Developer Fee payable to the Developer out of development sources may not exceed Two Million Five Hundred Thousand Dollars ($2,500,000). Any amount of Developer Fee in excess of Two Million Five Hundred Thousand Dollars ($2,500,000) must be contributed or loaned to Borrower at or prior to 29 863\81\4049948.3 Permanent Closing, or paid from Borrower's Share of Residual Receipts. Section 3.18 Partnership/Asset Fee. Prior to the expiration of the Fifteen Year Compliance Period, the Partnership/Asset Fee is not to exceed Forty-Three Thousand Seven Hundred Ninety-Nine Dollars ($43,799) per year in the aggregate, increasing by 3.5% annually, commencing in 2028. Such amount is intended to represent the amount of Partnership/Asset Fee allowed by HCD at Permanent Closing. After the expiration of the Fifteen Year Compliance Period, the Partnership/Asset Fee may continue but will convert to a Partnership/Asset Management Fee payable to any partner of Borrower in an amount to be approved by the County. Unpaid Partnership/Asset Fees may accrue for a period not to exceed three (3) fiscal years following the year during which they are earned. Section 3.19 Borrower's Share of Residual Receipts. Any Partnership/Asset Fees above the amount approved in Section 3.18 above, and the Seller Loan and Sponsor Loan may be paid from Borrower's Share of Residual Receipts and are not Annual Operating Expenses or qualify for repayment from Lenders' Share of Residual Receipts. Section 3.20 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.; 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 Combined County Loan and the reconveyance of the Deed of Trust. Section 3.21 NEPA Mitigation Requirements. Borrower shall comply with the NEPA mitigation requirements set forth in the attached 30 863\81\4049948.3 Exhibit C in the construction of the Development. ARTICLE 4 LOAN REQUIREMENTS Section 4.1 Match Requirement. The Borrower shall ensure that the HOME Funds are matched with a minimum of Two Hundred Fifty Thousand Dollars ($250,000) in other, non-federal sources, pursuant to and eligible under applicable HOME Regulations. Section 4.2 Reserve Accounts. (a) Replacement Reserve Account. Concurrently with Permanent Closing, 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 $500 per unit. (b) Operating Reserve Account. Concurrently with Permanent Closing, 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"). 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(e)(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(e)(vi), (xv), and (xvi)) for the period during which the Development is regulated by the Regulatory Agreement. Section 4.3 Financial Accountings and Post-Completion Audits. (a) No later than ninety (90) days following completion of rehabilitation 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 Closing, 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. 31 863\81\4049948.3 Section 4.4 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 4.5 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 in connection with Borrower's use of the Combined County Loan funds. Section 4.6 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 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. 32 863\81\4049948.3 Section 4.7 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 and operation 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 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 Combined County Loan and 33 863\81\4049948.3 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 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 34 863\81\4049948.3 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 4.8 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 excepted, and in accordance with the Regulatory Agreement. (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 Combined County Loan, subject to the rights of the senior lenders, if any. Section 4.9 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 35 863\81\4049948.3 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 4.10 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 the 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 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 4.11 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 Funds and CDBG Funds; (2) the Regulatory Agreement; and (3) any other regulatory requirements imposed on Borrower including but not limited to regulatory agreements associated with the HCD PRP 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 4.12 Nondiscrimination. 36 863\81\4049948.3 (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, religion, creed, age, familial status (except for lawful senior housing in accordance with state and federal law), source of income (e.g. SSI), disability, sex, sexual orientation, marital status, ancestry or national origin 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 County- Assisted Units in the Development to be available to and occupied by eligible households in accordance with the Regulatory Agreement. Section 4.13 Insurance Requirements. (a) Borrower shall maintain the following insurance coverage throughout the Term of the Combined County 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. (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). (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 Combined County Loan proceeds caused by dishonesty, in an amount approved by the County, naming the County a Loss Payee, as its interests may appear, but only to the extent the Combined County Loan includes new loan proceeds. (b) Borrower shall cause any general contractor, agent, or subcontractor working on the Development under direct contract with Borrower or subcontract to maintain 37 863\81\4049948.3 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. Section 4.14 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 Agreement. 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 38 863\81\4049948.3 Agreement with respect to the repayment of the Combined County Loan including, without limitation, the Residual Receipts definition and the payment provisions of Section 2.10 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 Combined County 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. (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 39 863\81\4049948.3 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 rehabilitation 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 Combined County 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 2.8(h) 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 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 rehabilitation 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 40 863\81\4049948.3 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, Tenant Selection Plan, or Technology Plan that is approved by the County in accordance with the Regulatory Agreement. (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 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 Note. (g) Assignment; Attachment. If Borrower assigns its assets for the benefit of 41 863\81\4049948.3 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 Note. (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 Combined County 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 Agreement. (l) Representation or Warranty Incorrect. If any Borrower representation 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 of the Regulatory Agreement 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 New 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 Note. The County may cause all indebtedness of Borrower to the County under this Agreement and the Note, together with any accrued interest thereon, to become immediately due and payable. Borrower waives all right to presentment, 42 863\81\4049948.3 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 Combined County Loan and the preservation, maintenance, protection, sale, or other disposition of the security given for the Combined County 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 Combined County 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. 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 Investor 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 43 863\81\4049948.3 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. The relationship of the parties to this Agreement is that of borrower and lender. 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. 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, 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 44 863\81\4049948.3 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 Combined County 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 Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement, provided, however the Investor Limited Partner is intended to be a direct beneficiary of the provisions set forth in Sections 6.1(c) and 6.1(f) of the Regulatory Agreement, and Section 6.5 above. 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 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 45 863\81\4049948.3 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: Deputy Director – Housing & Community Improvement Borrower: Riverhouse Hotel, L.P. c/o Eden Housing, Inc. 22645 Grand Street Hayward, CA 94541 Attention: Chief of Real Estate Development With a copy to Investor Limited Partner: MCC Housing LLC c/o Merritt Community Capital Corporation 1901 Harrison Street, Suite 1650 Oakland, California 94612 Tel: (510) 906-0243 Attention: President & CEO 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. 46 863\81\4049948.3 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 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 Combined County 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 Combined County Loan. 47 863\81\4049948.3 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\81\4049948.3 The parties are entering into this Agreement as of the date last 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 ____, 2025 APPROVED AS TO FORM: THOMAS L. GEIGER County Counsel By: ______________________ Kathleen Andrus Deputy County Counsel BORROWER: RIVERHOUSE HOTEL, L.P., a California limited partnership By: Riverhouse Hotel LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, a member and the manager By: ____________________________ Andrea Osgood, Chief of Real Estate Development & Executive Vice President Date: October____, 2025 A-1 863\81\4049948.3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land situated in the unincorporated area of the County of Contra Costa, State of California, and is described as follows: B-1 863\81\4049948.3 EXHIBIT B APPROVED DEVELOPMENT BUDGET C-1 863\81\4049948.3 EXHIBIT C NEPA MITIGATION REQUIREMENTS TABLE OF CONTENTS Page i 863\81\4049948.3 ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................2 Section 1.1 Definitions................................................................................................... 2 Section 1.2 Exhibits ..................................................................................................... 11 ARTICLE 2 LOAN PROVISIONS ............................................................................................11 Section 2.1 Overview of Existing Development Loans. .............................................. 11 Section 2.2 Combined County Loan.. .......................................................................... 12 Section 2.3 New County Loan Documents. ................................................................. 12 Section 2.4 Interest on Loans. ...................................................................................... 12 Section 2.5 Use of New Loan. ..................................................................................... 13 Section 2.6 Security. .................................................................................................... 13 Section 2.7 Subordination. ........................................................................................... 13 Section 2.8 Conditions Precedent to Closing and Disbursement of New Loan for Construction. .............................................................................. 14 Section 2.9 Conditions Precedent to Disbursement of Retention. ............................... 17 Section 2.10 Repayment Schedule. ................................................................................ 18 Section 2.11 Reports and Accounting of Residual Receipts.......................................... 19 Section 2.12 Non-Recourse. .......................................................................................... 20 ARTICLE 3 REHABILITATION OF THE DEVELOPMENT.................................................20 Section 3.1 Permits and Approvals. ............................................................................. 20 Section 3.2 Bid Package. ............................................................................................. 20 Section 3.3 Construction Contract. .............................................................................. 21 Section 3.4 Construction Bonds. .................................................................................. 21 Section 3.5 Commencement of Construction. ............................................................. 21 Section 3.6 Completion of Construction. ..................................................................... 22 Section 3.7 Changes; Construction Pursuant to Plans and Laws. ................................ 22 Section 3.8 Prevailing Wages. ..................................................................................... 24 Section 3.9 Accessibility. ............................................................................................. 26 Section 3.10 Equal Opportunity. .................................................................................... 26 Section 3.11 Minority and Women-Owned Contractors. .............................................. 27 Section 3.12 Progress Reports. ...................................................................................... 27 Section 3.13 Construction Responsibilities. .................................................................. 27 Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion.................... 27 Section 3.15 Inspections. ............................................................................................... 28 Section 3.16 Approved Development Budget; Revisions to Budget. ............................ 28 Section 3.17 Developer Fee. .......................................................................................... 28 Section 3.18 Partnership/Asset Fee................................................................................ 29 Section 3.19 Borrower's Share of Residual Receipts. .................................................... 29 Section 3.20 Relocation. ................................................................................................ 29 Section 3.21 NEPA Mitigation Requirements. .............................................................. 29 ARTICLE 4 LOAN REQUIREMENTS.....................................................................................30 Section 4.1 Match Requirement. .................................................................................. 30 Section 4.2 Reserve Accounts...................................................................................... 30 Section 4.3 Financial Accountings and Post-Completion Audits. ............................... 30 TABLE OF CONTENTS (continued) Page ii 863\81\4049948.3 Section 4.4 Approval of Annual Operating Budget. .................................................... 31 Section 4.5 Information. .............................................................................................. 31 Section 4.6 County Audits. .......................................................................................... 31 Section 4.7 Hazardous Materials. ................................................................................ 32 Section 4.8 Maintenance; Damage and Destruction. ................................................... 34 Section 4.9 Fees and Taxes. ......................................................................................... 34 Section 4.10 Notices. ..................................................................................................... 35 Section 4.11 Operation of Development as Affordable Housing. ................................. 35 Section 4.12 Nondiscrimination..................................................................................... 35 Section 4.13 Insurance Requirements. ........................................................................... 36 Section 4.14 Covenants Regarding Approved Financing and Partnership Agreement. ................................................................................................ 37 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER .......................38 Section 5.1 Representations and Warranties. ............................................................... 38 ARTICLE 6 DEFAULT AND REMEDIES ...............................................................................40 Section 6.1 Events of Default. ..................................................................................... 40 Section 6.2 Remedies. .................................................................................................. 41 Section 6.3 Right of Contest. ....................................................................................... 42 Section 6.4 Remedies Cumulative. .............................................................................. 42 Section 6.5 Notice and Cure Rights of Investor Limited Partner. ............................... 42 ARTICLE 7 GENERAL PROVISIONS ....................................................................................43 Section 7.1 Relationship of Parties. ............................................................................. 43 Section 7.2 No Claims. ................................................................................................ 43 Section 7.3 Amendments. ............................................................................................ 43 Section 7.4 Indemnification. ........................................................................................ 43 Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 44 Section 7.6 Third Party Beneficiaries. ......................................................................... 44 Section 7.7 Discretion Retained by County. ................................................................ 44 Section 7.8 Conflict of Interest. ................................................................................... 44 Section 7.9 Notices, Demands and Communications. ................................................. 45 Section 7.10 Applicable Law. ........................................................................................ 45 Section 7.11 Parties Bound. ........................................................................................... 45 Section 7.12 Severability. .............................................................................................. 46 Section 7.13 Force Majeure. .......................................................................................... 46 Section 7.14 County Approval. ...................................................................................... 46 Section 7.15 Waivers. .................................................................................................... 46 Section 7.16 Title of Parts and Sections. ....................................................................... 46 Section 7.17 Entire Understanding of the Parties. ......................................................... 46 Section 7.18 Multiple Originals; Counterpart. ............................................................... 47 EXHIBIT A: Legal Description of the Property EXHIBIT B Approved Development Budget TABLE OF CONTENTS (continued) Page iii 863\81\4049948.3 EXHIBIT C NEPA Mitigation Requirements 863\81\4049948.3 DEVELOPMENT LOAN AGREEMENT Between COUNTY OF CONTRA COSTA And RIVERHOUSE HOTEL, L.P. RIVERHOUSE HOTEL dated October ____, 2025 1 863\81\4051028.2 ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT (Riverhouse Hotel) THIS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT ("Agreement") is dated October____, 2025, and is by and among the County of Contra Costa, a political subdivision of the State of California (the "County"), Riverhouse Associates, a California Limited Partnership ("Riverhouse Associates") and Eden Housing, Inc., a California nonprofit public benefit corporation ("Eden") (collectively, the "Seller"), and Riverhouse Hotel, L.P., a California limited partnership (the "Developer"). RECITALS A. The Seller is the owner of that certain real property located at 700 Alhambra Avenue, in the City of Martinez, County of Contra Costa, State of California (the "Property"). The Property is improved with seventy-five (75) units of multifamily rental housing and attendant site improvements (the "Improvements"). The Improvements and the Property are collectively referred to as the "Development." B. On April 1, 2012, the County made a loan to Riverhouse Associates of Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Dollars ($625,998) (the "Existing $625,998 CBDG Loan"). The Existing $625,998 CDBG Loan is evidenced by (i) a promissory note dated April 1, 2012, executed by Riverhouse Associates, (ii) a loan agreement between Riverhouse Associates and the County dated April 1, 2012, (iii) a deed of trust dated April 1, 2012 executed by Riverhouse Associates and Eden for the benefit of the County and recorded against the Property on August 1, 2012, as Instrument Number 2012-0183045, and (iv) a regulatory agreement and declaration of restrictive covenants dated April 1, 2012, by and among the County, Riverhouse Associates, and Eden and recorded against the Property on August 1, 2012, as Instrument Number 2012-0183044 (the "Existing CDBG Loans Regulatory Agreement"). C. On March 1, 2025, the County made a loan to Riverhouse Associates of Two Million Dollars ($2,000,000) (the "Existing $2,000,000 CBDG Loan"). The Existing $2,000,000 CDBG Loan is evidenced by (i) a promissory note dated March 1, 2025, executed by Riverhouse Associates, (ii) a loan agreement between Riverhouse Associates and the County dated March 1, 2025, (iii) a deed of trust dated March 1, 2025 executed by Riverhouse Associates and Eden for the benefit of the County and recorded against the Property on April 10, 2025, as Instrument Number 2025-0034193; and (iv), the Existing CDBG Loans Regulatory Agreement. As of the date of this Note, the Existing $2,000,000 CDBG Loan has accrued simple interest at a rate of three percent (3%) per annum in the amount of $_______________ (the "Accrued Interest Amount"). D. The Developer desires to (i) acquire the Property from the Seller, and (ii) assume the Seller's obligations to repay the Existing $625,998 CDBG Loan, the Existing $2,000,000 CDBG Loan, and the Accrued Interest Amount (collectively, the "Existing Loan Obligations"). Furthermore, because the Improvements need rehabilitation, in exchange for the Developer 2 863\81\4051028.2 performing the needed rehabilitation of the Development, the County has agreed to provide new financing to the Developer (collectively, the "New Financing"). E. The transfer of the Seller's rights, title, and interest in the Property to the Developer (the "Transfer"), the assignment of Riverhouse Associates' obligation to repay the Existing Loan Obligations to the Developer, require the County's consent. F. Concurrent with the Transfer, the assignment and assumption of the Existing Loan Obligations, the documents evidencing the Existing Loan Obligations are being terminated and replaced with new loan documents evidencing the New Financing as detailed in a loan agreement of even date herewith being executed by the County and the Developer (the "County Loan Agreement"). NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Representations of the Seller. The Seller represents and warrants that: a. It has not previously assigned, pledged, hypothecated or otherwise transferred any of its rights, title, or interest in or obligations in the Existing Loan Obligations. b. It has received the consent of all other existing lenders on the Property to the transfer of the Property, and the assignment and assumptions contemplated by this Agreement and that such actions will not constitute a default under any of such lenders' loan documents. c. No event has occurred and is continuing which would constitute a default and no event has occurred and is continuing which, with notice or the passage of time or both, would be an event of default under any of the documents evidencing the Existing Loan Obligations. 2. Consent to Transfer of Property. Subject to the Developer's execution of the County Loan Agreement in a form satisfactory to the County, the County consents to the Transfer. 3. Assignment of Existing Loan Obligations. a. Assignment. The Seller hereby assigns to the Developer all of the Seller's rights, title, and interest in and obligations under the Existing Loan Obligations (the "Assignment"). b. Assumption. The Developer hereby accepts the Assignment and assumes the Seller's obligation to repay the Existing Loan Obligations, in accordance with the terms of 3 863\81\4051028.2 the County Loan Agreement and a promissory note from the Developer to the County to be executed concurrently with the County Loan Agreement. c. County Consent. Subject to the Developer's execution of the County Loan Agreement in a form satisfactory to the County, the County consents to the Assignment. 4. Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and are to be disregarded in interpreting any part of the Agreement's provisions. 5. Attorneys' Fees Enforcement. If any attorney is engaged by any party hereto to enforce or defend any provision of this Agreement, the prevailing party or parties are entitled to costs and reasonable attorneys' fees. 6. Successors and Assigns. This Agreement binds and inures to the benefit of the legal representatives, heirs, successors and assigns of the parties. 7. California Law. The laws of the State of California govern all matters arising out of this Agreement. 8. Counterparts. This Agreement may be signed by the different parties hereto in counterparts, each of which is deemed an original but all of which together constitute one and the same agreement. Remainder of Page Left Intentionally Blank Signature Page County Assignment Agreement 4 863\81\4051028.2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. SELLER: EDEN HOUSING, INC., a California nonprofit public benefit corporation, By: ____________________________ Andrea Osgood, Chief of Real Estate Development & Executive Vice President RIVERHOUSE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP By: Ellis Lake Townhomes, Inc., a California nonprofit public benefit corporation, its general partner By:_______________________ Andrea Osgood, Chief of Real Estate Development & Executive Vice President DEVELOPER: RIVERHOUSE HOTEL, L.P., a California limited partnership By: Riverhouse Hotel LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, a member and the manager By: ____________________________ Andrea Osgood, Chief of Real Estate Development & Executive Vice President Signature Page County Assignment Agreement 5 863\81\4051028.2 COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By:_____________________________ John Kopchik Director, Department of Conservation and Development APPROVED AS TO FORM: THOMAS L. GEIGER County Counsel By: ______________________________ Kathleen Andrus Deputy County Counsel 1 863\81\4049600.2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Assistant Deputy Director No fee for recording pursuant to Government Code Section 27383 and 27388.1 __________________________________________________________________________ REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS Riverhouse Hotel This Regulatory Agreement and Declaration of Restrictive Covenants (the "Regulatory Agreement") is dated October ___, 2025, and is between the County of Contra Costa, a political subdivision of the State of California (the "County"), and Riverhouse Hotel, 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 Regulatory Agreement. B. The County has received Home Investment Partnerships Act ("HOME") 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.) ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24 C.F.R. Part 92 (the "HOME Regulations"). C. The County has received Community Development Block Grant Program ("CDBG") funds from HUD under Title I of the Housing and Community Development Act of 1974 (42 USC 5301, et seq.), as amended ("CDBG Funds"). The CDBG Funds must be used by the County in accordance with 24 C.F.R. Part 570. 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"). 2 863\81\4049600.2 E. Borrower is acquiring from Riverhouse Associates, a California Limited Partnership and Eden Housing, Inc., a California nonprofit public benefit corporation (collectively, the "Seller") that certain improved real property located at 700 Alhambra Avenue, in the City of Martinez, County of Contra Costa, State of California, as more particularly described in Exhibit A (the "Property"). Borrower intends to rehabilitate the existing seventy- five (75) units of multifamily rental housing and attendant site improvements located on the Property, and add an additional nine (9) units by converting existing commercial space into apartments on the Property for a total of eight-four (84) units, for rental to extremely low and very low, income households, including one unrestricted manager's unit. Together the Property and its improvements are collectively referred to as the "Development." F. Pursuant to a Development Loan Agreement of even date herewith between the County and Borrower (the "Loan Agreement"), the County is lending Borrower Six Million Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Dollars ($6,625,998) (the "Combined County Loan") to assist in the rehabilitation of the Development. G. The Combined County Loan includes: (i) Four Million Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Dollars ($4,625,998) in CDBG Funds, (ii) One Million Dollars ($1,000,000) in HOME Funds; and (iii) One Million Dollars ($1,000,000) in Measure X Funds. H. In addition to the Loan Agreement, the Combined County Loan is evidenced 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) a promissory note executed by Borrower of even date herewith, in the amount of the Combined County Loan; (iii) an assignment agreement executed by the Seller, Borrower, and the County; and (v) this Regulatory Agreement, (collectively, together with the Loan Agreement, the "Loan Documents"). The Loan Documents are described in more detail in the Loan Agreement. I. The County has the authority to lend the Combined 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 (i) the HOME Funds pursuant to 24 C.F.R. 92.205, and (ii) the CBDG Funds pursuant to 24 C.F.R. 570.202. J. The County has agreed to make the Combined County Loan on the condition that Borrower maintain and operate the Development in accordance with restrictions set forth in this Regulatory Agreement, and in the related documents evidencing the Combined County Loan. Seventy-five (75) of the Units are restricted by the County pursuant to this Regulatory Agreement. K. This Regulatory Agreement supersedes in its entirety the Regulatory Agreement and Declaration of Restrictive Covenants dated April 1, 2012, by and among the County, Borrower, and Eden and recorded against the Property on August 1, 2012 as Instrument Number 2012-0183044. 3 863\81\4049600.2 L. In consideration of receipt of the Combined 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) with respect to the HOME-Assisted Units during the HOME Term. (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 Regulations, such calculation must be used for the HOME-Assisted Units during the HOME Term. (e) "CDBG" has the meaning set forth in Paragraph C of the Recitals. (f) "CDBG-Assisted Units" means fifty-seven (57) Very Low Income Units. (g) "CDBG Funds" has the meaning set forth in Paragraph C of the Recitals. (h) "City" means the City of Martinez, a municipal corporation. (i) "Combined County Loan" has the meaning set forth in Paragraph F of the Recitals. (j) "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. 4 863\81\4049600.2 (k) "County-Assisted Units" means the seventy-five (75) Units to be rehabilitated 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. (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 Combined 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, and its successors and assigns. (p) "Existing Tenants" means the tenants that occupy the County-Assisted Units on the date of Borrower's acquisition of the Property. (q) "Extremely Low Income Household" means a household (i) with an Adjusted Income that does not exceed thirty percent (30%) of Median Income, adjusted for Actual Household Size, and (ii) that is not an individual student not eligible to receive Section 8 assistance under 24 C.F.R. 5.612. (r) "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. (s) "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. (t) "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. (u) "HOME" has the meaning set forth in Paragraph B of the Recitals. (v) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals. (w) "HOME Regulations" has the meaning set forth in Paragraph B of the Recitals. (x) "HOME Term" means the period beginning on the Completion Date and ending on the twenty-first (21st) anniversary of the date of the Completion Date. (y) "HOME-Assisted Units" means the six (6) Extremely Low Income Units and (1) Very Low Income Unit that are "floating" Units as defined in 24 C.F.R. 92.252(j). 5 863\81\4049600.2 (z) "HUD" has the meaning set forth in Paragraph B of the Recitals. (aa) "Improvements" has the meaning set forth in Paragraph E of the Recitals. (bb) "Investor Limited Partner" means MCC Housing LLC, a California limited liability company, and its successors and assigns. (cc) "Loan Agreement" has the meaning set forth in Paragraph F of the Recitals. (dd) "Loan Documents" has the meaning set forth in Paragraph H of the Recitals. (ee) "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 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. (ff) "Low Income 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). (gg) "Maintenance Standards" has the meaning set forth in Section 5.6 (a). (hh) "Marketing Plan" has the meaning set forth in Section 4.3(a). (ii) "Measure X" has the meaning set forth in Paragraph D of the Recitals. (jj) "Measure X-Assisted Units" means the following County-Assisted Units: five (5) Extremely Low Income Units, and (6) Very Low Income Units. (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 shall provide Borrower with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. 6 863\81\4049600.2 (nn) "Operating Budget" has the meaning set forth in Section 2.6(a). (oo) "Partnership Agreement" means the First Amended and Restated Agreement of Limited Partnership, dated on or about ______________, 2025, that governs the operation and organization of Borrower as a California limited partnership. (pp) "Property" has the meaning set forth in Paragraph E of the Recitals. (qq) "Regulatory Agreement" has the meaning set forth in the first paragraph of this agreement. (rr) "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. (ss) "Rental Subsidy" means the Project-Based Section 8 rental subsidy provided to the Development pursuant to a Housing Assistance Payments Contract between Borrower and the Contra Costa County Housing Authority. (tt) "Seller" has the meaning set forth in Paragraph E of the Recitals. (uu) "Subsidy Units" has the meaning set forth in Section 2.6(a). (vv) "TCAC" means the California Tax Credit Allocation Committee. (ww) "Technology Plan" has the meaning set forth in Section 4.3(c). (xx) "Tenant" means the tenant household that occupies a Unit in the Development. (yy) "Tenant Selection Plan" has the meaning set forth in Section 4.3(b). (zz) "Term" means the term of this Agreement which commences as of the date of this Regulatory Agreement, and unless sooner terminated pursuant to the terms of this Regulatory Agreement, expires on the fifty-fifth (55th) anniversary of the Completion Date; provided, however, if a record of the Completion Date cannot be located or established, the Term will expire on the fifty-seventh (57th) anniversary of this Regulatory Agreement. (aaa) "Transfer" has the meaning set forth in Section 6.1. (bbb) "Unit(s)" means one (1) or more of the units in the Development. 7 863\81\4049600.2 (ccc) "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. (ddd) "Very Low Income Rent" means a monthly Rent that does not exceed the maximum rent published by HUD for a Very Low Income Household for the applicable bedroom size as set forth in 24 C.F.R. 92.252(b). (eee) "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 thirty-six (36) Units to be rented to and occupied by or, if vacant, available for occupancy by, Extremely Low Income Households, six (6) of which are HOME-Assisted Units, five (5) of which are Measure X-Assisted Units, and twenty-five (25) of which are CDBG-Assisted Units. (b) Very Low Income Units. During the Term Borrower shall cause thirty- nine (39) Units to be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households, one (1) of which is a HOME-Assisted Units, six (6) of which are Measure X-Assisted Units, and thirty-two (32) of which are CDBG-Assisted Units. (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 size set forth in the following chart: Units, 5 Measure X- Assisted Units, 25 CDBG- Units and 32 CDBG- Assisted Units) and 1 Measure X-Assisted Total 36 39 8 863\81\4049600.2 (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 Regulatory Agreement, repayment of the Combined County Loan and the reconveyance of the Deed of Trust. (e) Existing Tenants. Borrower shall provide the County a written report of the income and rent amount of all Existing Tenants within thirty (30) days of acquisition of the Development. Concurrent with providing the report to the County, Borrower shall also provide a proposal regarding designation of Units as Extremely Low Income Units and Very Low Income Units. Borrower shall not implement any rent increases for Existing Tenants upon acquisition of the Development without the approval of the County. Any Existing Tenant lawfully residing in the Development as of the date of this Agreement is entitled to remain a resident of the Development if such Tenant does not meet the income and other eligibility criteria of this Section 2.1. If and when such non-qualifying Existing Tenant voluntarily vacates the Unit, Borrower shall rent such Unit to an Extremely Low Income Household or Very Low Income Household, as necessary to meet the provisions of this Section. (f) HOME-Assisted Unit Compliance Deadline. Each HOME-Assisted Unit must be rented to and occupied by an Extremely Low Income Household or a Very Low Income Household pursuant to Section 2.1(a) and (b) above on or before the date that occurs eighteen (18) 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 2.10(c) of the Loan Agreement. 2.2 Allowable Rent. (a) Extremely Low Income Rent. Subject to the provisions of Section 2.5 below, the Rent paid by Tenants of the 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 the Very Low Income Units may not exceed the Very Low Income Rent. 9 863\81\4049600.2 (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 HOME Term; Compliance with TCAC Requirements. Following expiration of the HOME Term: (i) the HOME-Assisted Units will no longer be restricted pursuant to the HOME Regulations but will continue to be restricted by the County as County-Assisted Units pursuant to this Agreement, and (ii) the HOME Regulations will no longer apply to the Development. After the HOME Term, and during the term of any regulatory agreement associated with the provision of low income housing tax credits by 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 Regulatory Agreement. 2.4 Rent Increases. (a) Rent Amount. The initial Rent for all County-Assisted Units not occupied by Existing Tenants 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 Regulations. (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, provided that the County may approve, in its sole discretion, a request from Borrower for a rent increase greater than 5%, with a written explanation for the request from Borrower. 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 to at or below Very Low Income Limit. Subject to Section 2.4 above, if, upon the annual certification of the income of a Tenant of a County-Assisted 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 10 863\81\4049600.2 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 and such Unit will be deemed to be continuously occupied by a household of the same income level as the initial income level of the Tenant. 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 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 an Extremely Low Income Unit or a Very Low Income Unit, as applicable, 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. 11 863\81\4049600.2 2.6 Loss of Subsidy. (a) It is anticipated that certain Units in the Development (the "Subsidy Units") will receive Rental Subsidy throughout the Term, as reflected in the Approved Development Budget. Notwithstanding anything to the contrary set forth in this Article 2, 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 4.4 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; (3) The Rent of at least two (2) of the HOME-Assisted Units may not exceed the Very Low Income Rent; (4) 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; and (5) 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 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. 12 863\81\4049600.2 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 forty-five (45) 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, 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, 13 863\81\4049600.2 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 Regulatory Agreement. Borrower shall cause all books, records, and accounts to be open to and available for inspection and copying by HUD, 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 Combined 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 Combined 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. 570.506 and 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 Combined County Loan funds; (ii) Records demonstrating the eligibility of activities under the CDBG regulations set forth in 24 C.F.R. 570 et seq., and that use of the CDBG Funds meets one of the national objectives of the CDBG program set forth in 24 C.F.R. Section 570.208; (iii) 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); (iv) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (v) Financial records as required by 24 C.F.R. 570.502, 24 C.F.R. 92.505, and 2 C.F.R. Part 200; (vi) Records demonstrating compliance with the marketing, tenant selection, affordability, and income requirements; (vii) Records demonstrating compliance with MBE/WBE requirements; (viii) Records demonstrating compliance with 24 C.F.R. Part 135 which implements Section 3 of the Housing Development Act of 1968; 14 863\81\4049600.2 (ix) 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 (x) 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. Records required pursuant to the HOME Regulations are only required to be maintained during the HOME Term. 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 CDBG Funds, HOME Funds, and Measure X Funds; and (iii) 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, 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 rehabilitation 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 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 15 863\81\4049600.2 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 rehabilitation of the Development is projected to be complete, Borrower will be in default of this Regulatory Agreement. (3) If any HOME-Assisted Units have not been rented in accordance with Section 2.1 above on or before the date that is five (5) 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-Assisted Units to be rented in compliance with Section 2.1. (4) If any HOME-Assisted Units have not been rented to in accordance with Section 2.1 above on or before the date that is twelve (12) 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-Assisted Units to be rented in compliance with Section 2.1. (b) Tenant Selection Plan. (1) No later than six (6) months prior to the date rehabilitation 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 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 rehabilitation of the Development is projected to be complete, Borrower will be in default of this Regulatory Agreement. (c) Technology Plan. (1) No later than six (6) months prior to the date rehabilitation 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 16 863\81\4049600.2 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 Regulatory Agreement. 4.4 Lease Provisions. (a) No later than four (4) months prior to the date rehabilitation 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. During the HOME Term, 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. During the HOME Term, Borrower’s form of lease must include 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 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 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 Regulatory Agreement, or (ii) qualify as an Extremely Low Income Household or Very Low Income Household 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 Article 2 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. 17 863\81\4049600.2 (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, and during the HOME Term, must be in conformance with the requirements of 24 C.F.R. 92.253(c) and the Violence Against Women Reauthorization Act of 2013 ((Pub. L. 113–4, 127 Stat. 54) applicable to HUD- funded programs. 4.5 CDBG and HOME Regulations. (a) Borrower shall comply with all applicable laws and regulations governing the use of the CDBG Funds as set forth in 24 C.F.R. Part 570 and shall comply with regulations governing the use of HOME Funds as set forth in 24 C.F.R. Part 92 during the HOME Term. In the event of any conflict between this Regulatory Agreement and applicable laws and regulations governing the use of the Combined County Loan funds, the applicable laws and regulations govern. (b) The laws and regulations governing the use of the Combined County Loan funds include (but are not limited to) the following as such may be amended from time to time: (xi) 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; (xii) 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; (xiii) 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; (xiv) 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; (xv) 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 18 863\81\4049600.2 Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; (xvi) 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.; 24 C.F.R. 570.606; 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. If and to the extent that development of the Development results 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 with respect to relocation planning, advisory assistance, and payment of monetary benefits. Borrower shall prepare and submit a relocation plan to the County for approval. Borrower is solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. Borrower shall indemnify, defend (with counsel reasonably chosen by the County), and hold harmless the County against all claims that arise out of relocation obligations to residential tenants, homeowners, or businesses permanently or temporarily displaced by the Development; (xvii) 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; (xviii) 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; (xix) Uniform Administrative Requirements. The provisions of 24 C.F.R. 570.502 and 24 C.F.R. 92.505 regarding cost and auditing requirements; (xx) 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"); (A) 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 19 863\81\4049600.2 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. (B) 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 (1) above, and meets or exceeds the applicable Section 3 benchmark as described in 24 C.F.R. 75.23(b). (C) 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. (D) Borrower shall require all contractors and subcontractors performing work on the Development to comply with the Section 3 requirements. (xxi) Labor Standards. The labor requirements set forth in 24 C.F.R. Section 570.603 and 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; (xxii) 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; (xxiii) 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; (xxiv) 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 alter or move the discovered 20 863\81\4049600.2 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; (xxv) Flood Disaster Protection. The requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234) (the "Flood Act"). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of the Flood Act, for use in an area identified by HUD as having special flood hazards which is not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of the Flood Act. The use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the National Flood Insurance Program is subject to the mandatory purchase of flood insurance requirements of Section 102(a) of the Flood Act. If the Property is located in an area identified by HUD as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., the property owner and its successors or assigns must obtain and maintain, during the ownership of the Property, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under -Section 102(s) of the Flood Act. Such provisions are required notwithstanding the fact that the construction on the Property is not itself funded with assistance provided under this Agreement; (xxvi) Religious Organizations. If the Borrower is a religious organization, as defined by the CDBG requirements and/or HOME Regulations, the Borrower shall comply with all conditions prescribed by HUD for the use of the CDBG Funds and HOME 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. 570.200(j) and 24 C.F.R. 92.257; (xxvii) 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; (xxviii)Conflict of Interest. The conflict of interest provisions set forth in 24 C.F.R. 570.611 and 24 C.F.R. 92.356; (xxix) BABA. The requirements of Build America, Buy America Act (BABA) enacted under Division G, Title IX of the Infrastructure Investment and Jobs Act (IIJA, Pub. L. No. 117-58) signed into law on November 15, 2021; and (xxx) HUD Regulations. Any other HUD regulations present or as may be amended, added, or waived in the future pertaining to the Combined County Loan funds. ARTICLE 5 PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. Borrower is responsible for all management 21 863\81\4049600.2 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 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 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 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 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 22 863\81\4049600.2 terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section constitutes a default under this 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 Regulatory Agreement. 5.6 Property Maintenance. (a) Borrower shall maintain, for the entire Term of this 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 (x) 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, (y) any other standards provided by the County, and (z) during the HOME Term, 24 C.F.R. Section 92.251 and the lead-based paint requirements in 24 C.F.R. part 35, (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 rehabilitation 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, 23 863\81\4049600.2 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 and/or Borrower, 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 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 Combined 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 Eden, or a non-profit affiliate of Eden, and an assumption of the Combined County Loan by such transferee at or prior to or following 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 Eden, or a non-profit affiliate of Eden at or prior to or following the end of the Fifteen Year Compliance Period, provided that (i) such Transfer is pursuant to an option or right of first 24 863\81\4049600.2 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. 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 pursuant to this Regulatory Agreement or any Development Regulatory Document, and except for lawful senior housing in accordance with state and federal law. 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 Regulatory Agreement apply to the Property for the entire Term even if the Combined County Loan is paid in full prior to the end of the Term. This Regulatory Agreement binds any successor, heir or assign of Borrower, 25 863\81\4049600.2 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 Combined 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 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 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 Regulatory Agreement. 6.6 Enforcement by the County. (a) If Borrower fails to perform any obligation under this 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 Regulatory Agreement by any or all of the following actions, or any other remedy provided by law: (1) Calling the Combined 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. 26 863\81\4049600.2 (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 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. 6.7 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. 6.8 Recording and Filing. The County and Borrower shall cause this Regulatory Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa. 6.9 Governing Law. This Regulatory Agreement is governed by the laws of the State of California. 6.10 Waiver of Requirements. Any of the requirements of this Regulatory Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this Regulatory Agreement extends to or affects any other provision of this Regulatory Agreement, and may not be deemed to do so. 27 863\81\4049600.2 6.11 Amendments. This 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. 6.12 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: Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Deputy Director – Housing & Community Improvement c/o Eden Housing, Inc. 22645 Grand Street Hayward, CA 94541 Attention: Chief of Real Estate Development Investor Limited Partner: MCC Housing LLC c/o Merritt Community Capital Corporation 1901 Harrison Street, Suite 1650 Oakland, California 94612 Tel: (510) 906-0243 Attention: President & CEO Such addresses may be changed by notice to the other party given in the same manner as provided above. 6.13 Severability. If any provision of this 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 Regulatory Agreement will not in any way be affected or impaired thereby. 6.14 Multiple Originals; Counterparts. This Regulatory Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 6.15 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the Property that extinguishes this Regulatory Agreement, this 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 28 863\81\4049600.2 Development or Property. [remainder of page intentionally left blank] 29 Signature page County Regulatory Agreement 863\81\4049600.2 WHEREAS, this 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 THOMAS L. GEIGER County Counsel Kathleen Andrus Deputy County Counsel BORROWER: RIVERHOUSE HOTEL, L.P., a California limited partnership By: Riverhouse Hotel LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, a member and the manager By: ____________________________ Andrea Osgood, Chief of Real Estate Development & Executive Vice President 863\81\4049600.2 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 identity of the individual who signed the document to which this certificate is 863\81\4049600.2 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 identity of the individual who signed the document to which this certificate is A-1 863\81\4049600.2 EXHIBIT A Legal Description The land situated in the unincorporated area of the County of Contra Costa, State of California, and is described as follows: 863\81\4069901.1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Deputy Director – Housing & Community Improvement No fee document pursuant to Government Code Section 27383 and 27388.1 _____________________________________________________________________________________________ THIS SPACE FOR RECORDERS USE ONLY TERMINATION AND RELEASE OF REGULATORY AGREEMENT (Riverhouse Hotel) This Termination and Release of Regulatory Agreement (the "Release"), dated as of October ____, 2025, and effective as of recordation, is made by the County of Contra Costa, a political subdivision of the State of California (the "County"). This Release pertains to that certain real property located at 700 Alhambra Avenue, in the City of Martinez, County of Contra Costa, State of California (the "Property") described in Exhibit A attached hereto, which exhibit is hereby incorporated herein by this reference. WHEREAS, on April 1, 2012, the County made a loan to Riverhouse Associates, a California Limited Partnership ("Riverhouse Associates") of Six Hundred Twenty-Five Thousand Nine Hundred Ninety-Eight Thousand Dollars ($625,998) (the "Existing $625,998 CBDG Loan"). On March 1, 2025, the County made another loan to Riverhouse Associates of Two Million Dollars ($2,000,000) (the "Existing $2,000,000 CBDG Loan"). The Existing $625,998 CDBG Loan and Existing $2,000,000 CDBG Loan are collectively, the "Existing CDBG Loans"; WHEREAS, the Existing CDBG Loans are evidenced by a Regulatory Agreement and Declaration of Restrictive Covenants dated April 1, 2012, by and among the County, Riverhouse Associates, and Eden Housing, Inc., a California nonprofit public benefit corporation and recorded against the Property on August 1, 2012, as Instrument Number 2012-0183044 (the "Existing CDBG Regulatory Agreement"); WHEREAS, pursuant to an Assignment, Assumption, and Consent Agreement dated October____, 2025 among the County, Riverhouse Associates, and Riverhouse Hotel, L.P., a California limited partnership (the "Partnership"), the Existing CDBG Loans have been assigned to and assumed by the Partnership; WHEREAS, concurrently herewith the County is restructuring the Existing CDBG Loans and making an additional loan to the Partnership (collectively, the "New Financing"); 863\81\4069901.1 WHEREAS, concurrently herewith, in connection with the New Financing, the County and the Partnership will enter into a new regulatory agreement which will be recorded against the Property, restricting the occupancy of the improvements to be rehabilitated on the Property; and WHEREAS, the County desires to enter into this Release to release the Existing CDBG Regulatory Agreement as an encumbrance from the Property. NOW, THEREFORE, the County hereby acknowledges and agrees that the Existing CDBG Regulatory Agreement is terminated and the County hereby releases the Property from the restrictions of the Existing CDBG Regulatory Agreement and directs that the Existing CDBG Regulatory Agreement be removed as an encumbrance on the Property. Remainder of Page Left Intentionally Blank County Termination 863\81\4069901.1 IN WITNESS WHEREOF, the County hereby executes this Release as of the date first written above. Approved as to form: THOMAS L. GEIGER County Counsel By:____________________ Kathleen Andrus COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: ____________________________________ John Kopchik Director, Department of Conservation and Development 863\81\4069901.1 EXHIBIT A The land referred to is situated in the County of Contra Costa, City of Martinez, State of California, and is described as follows: 863\81\4069901.1 STATE OF CALIFORNIA ) ) COUNTY OF CONTRA COSTA ) 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 identity of the individual who signed the document to which this certificate is 863\81\4049564.2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Assistant Deputy Director No fee for recording pursuant to Government Code Sections 27383 and 27388.1 DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING (Riverhouse Hotel) THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of October ___, 2025, by and among Riverhouse Hotel, 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\81\4049564.2 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 Note (defined in Section 1.5 below) until paid in full or cancelled, and (ii) any other amounts owing under the Loan Documents (defined in Section 1.4 below). Principal and other payments are due and payable as provided in the Note or other Loan Documents, as applicable. 863\81\4049564.2 The Note and all its terms are incorporated herein by reference, and this conveyance secures any and all extensions thereof, however evidenced; B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein; C. Performance of every obligation, covenant or agreement of Trustor contained herein and in the Loan Documents; and D. All modifications, extensions and renewals of any of the Secured Obligations (including without limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, in whole or in part), however evidenced, whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes. AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: ARTICLE 1 DEFINITIONS In addition to the terms defined elsewhere in this Deed of Trust, the following terms have the following meanings in this Deed of Trust: Section 1.1 The term "Default Rate" means the lesser of the maximum rate permitted by law and ten percent (10%) per annum. Section 1.2 The term "Loan" means the loan made by Beneficiary to Trustor in the principal amount of Six Million Six Hundred Twenty-Five Thousand Nine Hundred Ninety- Eight Dollars ($6,625,998). Section 1.3 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. Section 1.4 The term "Loan Documents" means this Deed of Trust, the Note, the Loan Agreement, and the Regulatory Agreement, and any other agreements, debt, loan or security instruments between Trustor and Beneficiary relating to the Loan. Section 1.5 The term "Note" means the promissory note of even date herewith, executed by Trustor in favor of Beneficiary, as it may be amended or restated, in the principal amount of the Loan, the payment of which is secured by this Deed of Trust. The terms and provisions of the Note are incorporated herein by reference. 863\81\4049564.2 Section 1.6 The term "Principal" means the amounts required to be paid under the Note. Section 1.7 The term "Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the Beneficiary and Trustor evidencing Beneficiary requirements applicable to assisted units, being recorded against the Property. ARTICLE 2 MAINTENANCE AND MODIFICATION OF THE PROPERTY AND SECURITY Section 2.1 Maintenance and Modification of the Property by Trustor. The Trustor agrees that at all times prior to full payment and performance of the Secured Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the Security or cause the Security to be maintained and preserved in good condition. The Trustor will from time to time make or cause to be made all repairs, replacements and renewals deemed proper and necessary by it. The Beneficiary has no responsibility in any of these matters or for the making of improvements or additions to the Security. Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security or any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file for record any notices of completion or cessation of labor or any other notice that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the 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 863\81\4049564.2 those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law, and as approved, in writing, by Beneficiary. Section 2.3 Assignment of Rents. As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of the Property including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable, subject to the rights of senior lenders that are approved by the Beneficiary pursuant to the Loan Agreement. Trustor hereby authorizes Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Beneficiary or Beneficiary's agents; provided, however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to apply the rents and revenues so collected to the Secured Obligations with the balance, so long as no such breach has occurred and is continuing, to the account of Trustor, it being intended by Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Upon delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, and without the necessity of Beneficiary entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall immediately be entitled to possession of all rents and revenues of the Property as specified in this Section 2.3 as the same becomes due and payable, including but not limited to, rents then due and unpaid, and all such rents will immediately upon delivery of such notice be held by Trustor as trustee for the benefit of Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the breach by Trustor contains a statement that Beneficiary exercises its rights to such rents. Trustor agrees that commencing upon delivery of such written notice of Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents 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. 863\81\4049564.2 Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents, Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Beneficiary's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all on such terms as are deemed best to protect the security of this Deed of Trust. In the event Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to the appointment of such receiver. Beneficiary or the receiver will be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan Documents are to be applied first to the costs, if any, of taking control of and managing the Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this Deed of Trust. Beneficiary or the receiver is to have access to the books and records used in the operation and maintenance of the Property and will be liable to account only for those rents actually received. Beneficiary is not liable to Trustor, anyone claiming under or through Trustor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary under this Section 2.3. If the rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Beneficiary for such purposes will become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless Beneficiary and Trustor agree in writing to other terms of payment, such amounts are payable by 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. 863\81\4049564.2 Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company that are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor is not required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof is promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section 3.1. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges can be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section 3.1 may not be construed to require that Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges and levies. In the event that Trustor fails to pay any of the items required by this Section to be paid by Trustor, Beneficiary may (but is under no obligation to) pay the same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, will become part of the Secured Obligations secured hereby, and Trustor agrees to pay all such amounts. Section 3.2 Provisions Respecting Insurance. Trustor agrees to provide insurance conforming in all respects to that required under the Loan Documents during the course of construction and following completion, and at all times until all amounts secured by this Deed of Trust have been paid, all Secured Obligations secured hereunder have been fulfilled, and this Deed of Trust has been reconveyed. All such insurance policies and coverages are to be maintained at Trustor's sole cost and expense. Certificates of insurance for all of the above insurance policies, showing the same to be 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. 863\81\4049564.2 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 4.8 of the Loan Agreement regarding restoration of improvements following damage or destruction. The Beneficiary is entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. Application of all or any part of the Funds collected and received by the Beneficiary or the release thereof will not cure or waive any default under this Deed of Trust. ARTICLE 5 AGREEMENTS AFFECTING THE PROPERTY; FURTHER ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST Section 5.1 Other Agreements Affecting Property. Trustor shall duly and punctually perform all terms, covenants, conditions and agreements binding upon it under the Loan Documents and any other agreement of any nature whatsoever now or hereafter involving or affecting the Security or any part thereof. Section 5.2 Agreement to Pay Attorneys' Fees and Expenses. In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the Beneficiary employs attorneys or incurs other expenses for the collection of amounts due hereunder or the enforcement of performance or observance of an obligation or agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Beneficiary. Any such amounts paid by the Beneficiary will be added to the Secured Obligations, and will bear interest from the date such expenses are incurred at the Default Rate. Section 5.3 Payment of the Principal. The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth in the Note in the amounts and by the times set out therein. 863\81\4049564.2 Section 5.4 Personal Property. To the maximum extent permitted by law, the personal property subject to this Deed of Trust is deemed to be fixtures and part of the real property and this Deed of Trust constitutes a fixtures filing under the California Commercial Code. As to any personal property not deemed or permitted to be fixtures, this Deed of Trust constitutes a security agreement under the California Commercial Code. Section 5.5 Financing Statement. The Trustor shall execute and deliver to the Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to the Beneficiary a valid perfected security interest in the Security. The Trustor shall perform all acts that the Beneficiary reasonably requests so as to enable the Beneficiary to maintain a valid perfected security interest in the Security in order to secure the payment of the Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such financing statement in any jurisdiction(s) as it deems appropriate from time to time in order to protect the security interest established pursuant to this instrument. Section 5.6 Operation of the Security. The Trustor shall operate the Security (and, in case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Loan Documents. Section 5.7 Inspection of the Security. At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, may inspect the Security, without payment of charges or fees. 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. 863\81\4049564.2 ARTICLE 6 HAZARDOUS WASTE Trustor shall keep and maintain the Property (including, but not limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws and shall not cause or permit the Property to be in violation of any Hazardous Materials Law (defined below). Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on, under, or about the Property or transportation to or from the Property of (i) any substance, material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar import under any Hazardous Materials Law (collectively referred to hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used in construction or operation of a multi-family residential development. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of the environment, and all amendments thereto as of this date and to be added in the future and any successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law including but not limited to the provisions of California Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance therewith. 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, 863\81\4049564.2 cleanup, remediation, removal, or restoration work of site conditions of the Property relating to Hazardous Materials (whether on the Property or any other property); and (v) the breach of any representation of warranty by or covenant of Trustor in this Article, and Section 5.1(l) of the Loan Agreement. Such indemnity must include, without limitation: (x) all consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and consultant fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties). This obligation to indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of Hazardous Materials. Without Beneficiary's prior written consent, which may not be unreasonably withheld, Trustor may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if (i) a particular remedial action is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the 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. 863\81\4049564.2 In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against the Trustor to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), the Trustor will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and the Trustor knew or should have known of the activity by such lessee, occupant, or user which caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be added to the indebtedness secured by this Deed of Trust and will be due and payable to the Beneficiary upon its demand made at any time following the conclusion of such action. ARTICLE 7 EVENTS OF DEFAULT AND REMEDIES Section 7.1 Events of Default. The following are events of default following the expiration of any applicable notice and cure periods (each an "Event of Default"): (i) failure to make any payment to be paid by Trustor under the Loan Documents; (ii) failure to observe or perform any of Trustor's other covenants, agreements or obligations under the Loan Documents, including, without limitation, the provisions concerning discrimination; (iii) failure to make any payment or observe or perform 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. Beneficiary shall provide notice of an Event of Default in the manner set forth in 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 863\81\4049564.2 Obligations are immediately due and payable, and no omission on the part of the Beneficiary to exercise such option when entitled to do so may be construed as a waiver of such right. Section 7.3 The Beneficiary's Right to Enter and Take Possession. If an Event of Default has occurred and is continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security will not cure or waive any Event of Default or Notice of Sale (as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of the Security, Beneficiary will be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of an Event of Default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of Contra Costa County; or (d) Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing the Secured Obligations. Section 7.4 Foreclosure By Power of Sale. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with Trustee this Deed of Trust which is secured hereby (and the deposit of which will be deemed to constitute evidence that the Secured Obligations are immediately due and payable), and such 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 863\81\4049564.2 Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts will be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale. (b) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured hereby; and (iv) the remainder, if any, to Trustor. (c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale. Section 7.5 Receiver. If an Event of Default occurs and is continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under the Security, and without regard to the then value of the Security or the interest of Trustor therein, may apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor. Any such receiver or receivers will have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and will continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated. Section 7.6 Remedies Cumulative. No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy will be cumulative and concurrent and will be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity. 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, 863\81\4049564.2 irrespective of how long such failure continues, will not constitute a waiver by the Beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by the Trustor. (b) If the Beneficiary (i) grants forbearance or an extension of time for the payment or performance of any Secured Obligation, (ii) takes other or additional security or the payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or consents to any agreement subordinating the lien hereof, any such act or omission will not release, discharge, modify, change or affect the original liability under this Deed of Trust, or any other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor will any such act or omission preclude the Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in any Event of Default then made or of any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by the Beneficiary, will the lien of this Deed of Trust be altered thereby. Section 7.8 Suits to Protect the Security. The Beneficiary has the power to (a) institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of the Beneficiary. Section 7.9 Trustee May File Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by law, will be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of the Beneficiary 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. 863\81\4049564.2 ARTICLE 8 MISCELLANEOUS Section 8.1 Amendments. This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor. Section 8.2 Reconveyance by Trustee. Upon written request of Beneficiary stating that all Secured Obligations have been paid or forgiven, and all obligations under the Loan Documents have been performed in full, and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto. Section 8.3 Notices. If at any time after the execution of this Deed of Trust it becomes necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication must be in writing and is to be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (1) if intended for Beneficiary is to be addressed to: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Deputy Director – Housing & Community Improvement and (2) if intended for Trustor is to be addressed to: Riverhouse Hotel, L.P. c/o Eden Housing, Inc. 22645 Grand Street Hayward, CA 94541 Attention: Chief of Real Estate Development With a copy to: MCC Housing LLC c/o Merritt Community Capital Corporation 1901 Harrison Street, Suite 1650 Oakland, California 94612 Tel: (510) 906-0243 Attention: President & CEO 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 863\81\4049564.2 delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective. Section 8.4 Successors and Joint Trustors. Where an obligation created herein is binding upon Trustor, the obligation also applies to and binds any transferee or successors in interest. Where the terms of the Deed of Trust have the effect of creating an obligation of the Trustor and a transferee, such obligation will be deemed to be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor will be deemed to be a joint and several obligation of each and every entity and person comprising Trustor. Section 8.5 Captions. The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a part of this Deed of Trust. Section 8.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity will not affect the balance of the terms and provisions hereof, which terms and provisions will remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, will be considered to have been first 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 863\81\4049564.2 Security. Section 8.11 Substitution of Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter will be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution is to be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, will be conclusive proof of proper appointment of the successor trustee. Section 8.12 Statute of Limitations. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by law. Section 8.13 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law, the Trustee is not obligated to notify any party hereto of a pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee is a party unless brought by Trustee. Section 8.14 Tax Credit Provisions. Notwithstanding anything to the contrary contained herein or in any documents secured by this Deed of Trust or contained in any subordination agreement, and to the extent applicable, 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. Remainder of Page Left Intentionally Blank Signature page County Deed of Trust 863\81\4049564.2 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. RIVERHOUSE HOTEL, L.P., a California limited partnership By: Riverhouse Hotel LLC, a California limited liability company, its general partner By: Eden Housing, Inc., a California nonprofit public benefit corporation, a member and the manager By: ____________________________ Andrea Osgood, Chief of Real Estate Development & Executive Vice President 863\81\4049564.2 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 identity of the individual who signed the document to which this certificate is A-1 863\81\4049564.2 EXHIBIT A LEGAL DESCRIPTION 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4440 Name: Status:Type:Consent Item Passed File created:In control:9/25/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with East County Glass and Window, Inc., in an amount not to exceed $400,000 to provide windows, glass and/or sliding doors replacement services for the period October 7, 2025 through September 30, 2028. (100% State and Federal Weatherization Program funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Weatherization Contract - East County Glass and Window, Inc ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with East County Glass and Window, Inc., in an amount not to exceed $400,000, to provide windows, glass and/or sliding doors replacement for the period October 7, 2025 through September 30, 2028. FISCAL IMPACT: 100% State and Federal Weatherization Program Funds. No impact on the County General Fund. BACKGROUND: The Department of Conservation and Development (DCD) has partnered with the Employment and Human Services Department (EHSD) for over 20 years to provide energy-saving home improvements to low-income families throughout unincorporated Contra Costa County, as well as the County’s 19 cities. This funding is provided by State and federal grant programs including, but not limited to, the Low Income Home Energy Assistance Program (LIHEAP), the Energy Crisis Intervention Program (ECIP), and the Department of Energy (DOE). With these grants, the Weatherization Program may provide homes with hot water heaters, furnaces, refrigerators, microwaves, doors, windows, LED (light emitting diode) light bulbs, LED night lights, Tier 2 Advanced power strips, occupancy sensors, weather-stripping, ceiling fans, and attic insulation. Homes receive CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4440,Version:1 a blower door test (a diagnostic tool to locate and correct air infiltration), and homes with gas appliances receive a combustion appliance safety test that checks for carbon monoxide gas leakage. Homes with gas appliances are provided with a carbon monoxide alarm. Under its grant funding contract, the Weatherization Program is required to meet minimum unit production goals (number of homes weatherized) by the end of its annual grant contract term. Failure to maintain the required production goals may result in the State reallocating the County’s share of funding to other counties and could jeopardize future funding. A Request for Proposal for window, glass and/or sliding glass door replacement services was released on August 8, 2025. East County Glass and Window, Inc was the selected vendor. The initial term of this contract will be for three years from October 7, 2025 through September 30, 2028, in the amount not to exceed $400,000, with a possibility of two successive one-year renewals for a total not to exceed five years. CONSEQUENCE OF NEGATIVE ACTION: A denial would prevent DCD Weatherization Program from replacing windows, glass and/or sliding glass doors to eligible low-income families in Contra Costa County. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4441 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE a) the Purchasing Agent to execute, on behalf of the Department of Conservation and Development, a purchase order with Insight Public Sector, Inc., in an amount not to exceed $650,000 for the Departmental Enterprise Agreement with Microsoft for licensing renewal; and b) the Conservation and Development Director, or designee, to execute the Enterprise Enrollment Amendment and associated contract documents with Microsoft for software licenses for the period November 1, 2025 through October 31, 2028. (100% Land Development Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Purchase order with Insight Public Sector, Inc. for the purchase of Microsoft Licenses ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Department of Conservation and Development, a purchase order with Insight Public Sector, Inc., in an amount not to exceed $650,000 for the Departmental Enterprise Agreement with Microsoft for licensing renewal. 2.APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute the Enterprise Enrollment Amendment and associated contract documents with Microsoft for Microsoft software licenses for the period November 1, 2025 through October 31, 2028. FISCAL IMPACT: No impact on General Fund. 100% of costs to be covered from land development application and building permit fees. BACKGROUND: The Department of Conservation and Development (DCD), Information Technology Unit (IT), purchases the licenses to use Microsoft software to operate department computer systems. This renewal is necessary for DCD to continue using Microsoft software. The Departmental Enterprise Agreement with Microsoft provides for an annual verification of the total number CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4441,Version:1 of users and licenses used/needed at the end of each year (a true-up) to adjust for any additions to the original number of licenses purchased. DCD consulted with the Department of Information and Technology (DoIT) to ensure DCD uses the same level of Microsoft G5 licensing. Part of DCD’s Microsoft licenses are procured through DoIT. DCD is a part of DoIT’s Microsoft tenancy to align with enterprise-wide security, compliance, and collaboration standards. This also ensures that DCD can collaborate with other County departments. DCD is using the same reseller that DoIT is currently using. CONSEQUENCE OF NEGATIVE ACTION: Failure to renew Microsoft licenses would disrupt access to essential tools, increase security risks, and result in non-compliance. It would also prevent critical updates and support, impacting the DCD’s ability to scale IT resources and maintain efficient, secure operations. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4442 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:INTRODUCE Ordinance No. 2025-19, adopting the 2025 California Building Standards Codes with changes, additions, and deletions; WAIVE reading; and FIX November 4, 2025 for a public hearing to consider adoption as recommended by the Conservation and Development Director. (No fiscal impact) Attachments:1. Ordinance No. 2025-19 Adoption of 2025 Building Code, 2. Findings - Ord. No. 2025-19 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:John Kopchik, Director, Conservation and Development Report Title:Introduce Ordinance No. 2025-19, adopting the 2025 California Building Standard Codes ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.INTRODUCE Ordinance No. 2025-19, adopting the 2025 California Building Code, the 2025 California Residential Code, the 2025 Electrical Code, the 2025 Mechanical Code, the 2025 Plumbing Code, the 2025 Energy Code, the 2025 Historical Building Code, the 2025 Existing Building Code, and the 2025 California Green Building Standards Code with changes, additions, and deletions, WAIVE reading, and FIX November 4, 2025 at 9:30 a.m. for a public hearing to consider adoption of the ordinance and adoption of findings of local conditions to justify construction standards stricter than those imposed by Health and Safety Code section 19180 et seq. 2.DIRECT the Clerk of the Board to publish notice of the hearing pursuant to Government Code section 6066. 3.AUTHORIZE the preparation of an ordinance summary by County Counsel and the publication of the summary in accordance with Government Code section 25124, and DIRECT the Clerk of the Board of Supervisors to post a copy of the full text of the proposed ordinance in the office of the Clerk of the Board. FISCAL IMPACT: None BACKGROUND: CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:25-4442,Version:1 The California Building Standards Commission has adopted the 2025 California Building Standards Code (CBSC), replacing the 2022 CBSC. The CBSC includes the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, and Existing Building and Green Building Standards Codes. These statewide codes will be effective January 1, 2026. The Department of Conservation and Development is responsible for enforcing the CBSC within the unincorporated area of Contra Costa County. Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the local jurisdiction finds that the changes and modifications are reasonably necessary because of local climatic, geological, topographical, or environmental conditions. The attached proposed ordinance would adopt the statewide codes and amend them to address local conditions. Recent changes to State law have placed additional restrictions on the authority of local jurisdictions to amend the CBSC as it relates to the construction of new residential housing units. State budget legislation (Assembly Bill 130) adopted at the end of June 2025, includes changes to the Health and Safety Code that limit the authority of local jurisdictions to adopt building code amendments related to the construction of new housing, except through several narrowly defined exceptions. These exceptions include amendments that are the same or substantially equivalent to amendments already adopted by the local jurisdiction and in effect as of September 30, 2025, and amendments that relate to home hardening for protection against fire risks. These changes to local authority will remain in effect from October 1, 2025, until June 1, 2031. Accordingly, the County may continue its current code amendments into the new code cycle, but is restricted in its authority to adopt new code amendments to the 2025 CBSC that would affect residential construction. Local jurisdictions retain broader discretion to adopt code amendments related to non-residential construction, subject to making the required findings. The proposed Ordinance No. 2025-19 amends the statewide codes due to local climatic, geographical, topographical, and environmental conditions. These conditions are described in the attached Findings. The following are the substantive changes to the 2025 California Building Standards Code: Modifications to the 2025 California Building Code ·Require the installation of a hard-wired smoke detector in existing flat roof buildings when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. ·Require more reinforcing in some building foundations to better withstand seismic forces found in this region of California. Modifications to the 2025 California Residential Code ·Prohibit the use of gypsum wallboard as seismic bracing. ·Restrict the use of Portland Cement Plaster as seismic bracing to single-story one- and two- family dwellings and accessory structures. Modifications to the 2025 California Green Building Standards Code ·Require that at least 10 percent of the total number of parking spaces for new multi-family residential and new non-residential developments be equipped with fully operational electric vehicle charging equipment. This is consistent with the County’s existing code amendments for electric vehicle charging. Although statewide code requirements for electric vehicle charging have increased in the 2025 code cycle, the County’s existing local code amendments are still necessary to ensure that current standards for electric vehicle charging are maintained. ·Apply construction waste management requirements in the statewide code to certain projects for existing residential buildings, including: Projects that increase the total combined conditioned and CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:25-4442,Version:1 unconditioned building area by 5,000 square feet or more. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. Delete the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. Require measuring and documentation of all generated debris to ensure that at least 65% is diverted from landfills. Modifications to the 2025 California Existing Building Code The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended. Local amendments to the 2022 California Energy Code adopted by the Board in 2024 increasing the energy efficiency standards beyond the minimum requirements in the statewide code are not included in this code adoption ordinance because the energy efficiency standards in the new 2025 California Energy Code have significantly increased and now exceed the County’s local amendments. The County’s current local amendments will no longer be necessary after January 1, 2026 because they will be exceeded by the statewide requirements. CONSEQUENCE OF NEGATIVE ACTION: If the proposed ordinance is not approved, the County will not adopt the 2025 California Building Standards Code as amended by Ordinance No. 2025-19. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ ORDINANCE NO. 2025-19 1 ORDINANCE NO. 2025-19 ADOPTION OF CALIFORNIA BUILDING STANDARDS CODES 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. SUMMARY. This ordinance adopts the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Energy Code, the 2025 California Historical Building Code, the 2025 California Existing Building Code, and the 2025 California Green Building Standards Code, with changes, additions, and deletions that are necessary because of local climatic, geological, or topographical conditions. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10. SECTION II. Section 74-2.002 (Adoption) of Division 74 (Building Code) of the County Ordinance Code is amended to read: 74-2.002 Adoption. (a) The building code of this county is the 2025 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), the 2025 California Residential Code (California Code of Regulations, Title 24, Part 2.5), the 2025 California Energy Code (California Code of Regulations, Title 24, Part 6), the 2025 California Historical Building Code (California Code of Regulations, Title 24, Part 8), the 2025 California Existing Building Code (California Code of Regulations, Title 24, Part 10), and the 2025 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), as amended by the changes, additions, and deletions set forth in this division and Division 72. (b) The 2025 California Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (c) The 2025 California Residential Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (d) The 2025 California Energy Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. ORDINANCE NO. 2025-19 2 (e) The 2025 California Historical Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (f) The 2025 California Existing Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division (g) The 2025 California Green Building Standards Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (h) At least one copy of this building code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (i) As of the effective date of the ordinance from which this division is derived, the provisions of the building code are controlling and enforceable within the county. (Ords. 2025-19, § 2, 2022-35 § 2, 2022-02 § 2, 2019-31 § 2, 2016-22 § 2, 2013-24 § 2, 2011-03 § 2, 2007-54 §3, 2002-31 § 3, 99-17 § 5, 99-1, 90-100 § 5, 87-55 § 4, 80-14 § 5, 74-30.) SECTION III. Chapter 74-4 (Modifications) of Division 74 (Building Code) of the County Ordinance Code is amended to read: Chapter 74-4 MODIFICATIONS 74-4.002 Amendments to CBC. The 2025 California Building Code (“CBC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Building Code. (a) CBC Chapter 1 (Administration) is amended by the provisions of Division 72 of this code and as follows: (1) Sections 103 and 113 of CBC Chapter 1 are deleted. (2) In Section 105.2 (Work exempt from permit) of CBC Chapter 1 (Administration), subsection 4, is amended to read: 4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids. ORDINANCE NO. 2025-19 3 (3) Section 107.2.1 (Information on Construction Documents) of CBC Chapter 1 (Administration) is amended to read: 107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. (4) Section 110.1 (Inspections - General) of CBC Chapter 1 (Administration) is amended by adding the following to the end of that section: At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (b) Section 907.2.11.2.5.1 is added to Section 907.2.11.2.5 (Existing Group R occupancies) of CBC Chapter 9 (Fire Protection and Life Safety Systems), to read: 907.2.11.2.5.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R310.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (c) Section 1405.2 is added to Section 1405 (Combustible materials on the exterior side of exterior walls) of CBC Chapter 14 (Exterior Walls), to read: 1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated. /// /// ORDINANCE NO. 2025-19 4 (d) In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and Tests), Exception 1 is amended to read: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength of no greater than 2,500 pounds-per-square inch (psi) (17.2 MPa). (e) Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is deleted. (f) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3. (g) Section 1905.6.2 (Seismic design categories C, D, E, and F) of CBC Chapter 19 (Concrete) is amended to read: 1905.6.2 Seismic design categories C, D, E, and F. Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete, except as follows: 1. Reserved. 2. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. 3. Reserved. (h) Section 1906 (Footings for light-frame construction) of CBC Chapter 19 (Concrete) is deleted. (i) Section 1907.5 (Minimum Slab Provisions – General) is added to Section 1907 (Slabs- On-Ground) of CBC Chapter 19 (Concrete), to read: Section 1907.5 Minimum Slab Provisions – General. Slabs shall have a minimum reinforcement of 6-inch by 6-inch, 10-gauge wire mesh or equal at mid- height of the slab. (j) Appendix C, Appendix I, and Appendix P of the CBC are incorporated into the County building code. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3, 2007-54 § 4, 2002-31 § 3, 99- 17 § 6, 99-1, 90-100 § 6, 87-55 § 5, 80-14 § 6, 74-30 § 1.) ORDINANCE NO. 2025-19 5 74-4.004 Amendments to CRC. The 2025 California Residential Code (“CRC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Residential Code. (a) CRC Chapter 1 (Administration) is amended by the provisions of Division 72 of this code and as follows: (1) Sections R103 and R112 of CRC Chapter 1 are deleted. (2) In Section R105.2 (Work exempt from permit) of CRC Chapter 1 (Administration), subsection 3 is amended to read: 3. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids. (3) Section R106.1.1 (Information on Construction Documents) of CRC Chapter 1 (Administration) is amended to read: 106.1.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. (4) Section R109.1.1 (Foundation inspection) of CRC Chapter 1 (Administration) is amended by adding the following to the end of that section: At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This ORDINANCE NO. 2025-19 6 requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (b) Section R310.8.1.1 is added to Section R310.8 (Existing Group R-3 occupancies) of CRC Chapter 3 (Building Planning), to read: R310.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with Section R310.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (c) Section R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows: (1) The title of Table R602.10.3(3) is amended to read: TABLE R602.10.3(3)i (2) Footnote “i” is added to Table R602.10.3(3), to read: i. Method GB is not permitted and the use of Method PCP is limited to one-story dwellings and accessory structures. (d) Section R602.10.4.5 (Limits on methods GP and PCP) is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read: R602.10.4.5 Limits on methods GB and PCP. Method GB is not permitted, but gypsum board is permitted to be installed on the opposite side of the studs from other types of braced wall panel sheathing. The use of Method PCP is limited to one-story dwellings and accessory structures. (e) Appendix BB, Appendix BF, Appendix BJ, and Appendix CI of the CRC are incorporated into the County building code. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3.) 74-4.006 Amendments to CGBSC. The 2025 California Green Building Standards Code ("CGBSC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Green Building Standards Code. (a) Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended by adding the following to the end of that section: The mandatory provisions of Section 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings: ORDINANCE NO. 2025-19 7 1. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. 2. Alterations to existing structures impacting 5,000 square feet or more of total combined conditioned and unconditioned building area. 3. Demolition projects when a demolition permit is required. Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety. For the purposes of determining whether a project meets the 5,000 square-foot threshold, the enforcing agency may deem all phases of a project and all related projects taking place on a single parcel, or on two or more adjoining parcel(s), as a single project. (b) Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to read: Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall be required for additions, alterations, and demolition whenever a permit is required for work. Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety. (c) Section 4.106.4.2.2 (Multifamily Dwellings) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by adding subsection (2)(d) to the end of that section, to read: d. EV Chargers. Notwithstanding anything in this section to the contrary, at least ten (10) percent of the total number of parking spaces shall be equipped with fully-operational Level 2 EVSE. /// /// /// /// ORDINANCE NO. 2025-19 8 (d) Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 4.408.2. Exceptions: 1. Excavated soil and land-clearing debris. 2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite. (e) Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.2 Construction waste management plan. Submit a construction waste management plan for the project in conformance with Items 1 through 5 prior to issuance of a building permit. The construction waste management plan shall be updated as necessary, subject to approval by the enforcing agency. The approved plan, and any updates, shall be available during construction for examination by the enforcing agency. The plan must do all of the following: 1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale. 2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream). 3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals. 4. Identify construction methods employed to reduce the amount of construction and demolition waste generated. 5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements ORDINANCE NO. 2025-19 9 for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales, or not practical due to materials being reused on-site or elsewhere, or not practical due to other considerations, and upon approval by the enforcing agency, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose. (f) Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted. (g) Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.5 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section 4.408.4 or Section 4.408.4.1, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following: 1. Documentation of the quantity, by weight, of each material type diverted or disposed, consistent with the requirements of Section 4.408.2, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report; or 2. For projects that satisfy the waste stream reduction alternative specified in Section 4.408.4 or Section 4.408.4.1, documentation of the quantity, by weight, of each material type disposed of and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report. ORDINANCE NO. 2025-19 10 (h) Table 5.106.5.3.1 (EV Capable Spaces and EVCS) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: TABLE 5.106.5.3.1 – EV CAPABLE SPACES AND EVCS OF ACTUAL PARKING SPACES REQUIRED EV CAPABLE SPACES OFFICE AND RETAIL NUMBER OF REQUIRED 2,3 RETAIL NUMBER OF REQUIRED 2,3 capable spaces1 capable spaces1 EV capable 1 1. Calculation for spaces shall be rounded up to the nearest whole number. 2. Each EVCS shall reduce the number of required EV capable spaces by the same number. 3. At least one Level 2 EVSE shall be provided. (i) Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read: Section 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1. Exceptions: 1. Excavated soil and land-clearing debris. 2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist. (j) Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read: Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the project in conformance with Items 1 through 5 prior to issuance of a building permit. The construction waste ORDINANCE NO. 2025-19 11 management plan shall be updated as necessary, subject to approval by the enforcing agency. The approved plan, and any updates, shall be available during construction for examination by the enforcing agency. The plan must do all of the following: 1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale. 2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream). 3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals. 4. Identify construction methods employed to reduce the amount of construction and demolition waste generated. 5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales, or not practical due to materials being reused on-site or elsewhere, or not practical due to other considerations, and upon approval by the enforcing agency, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose. (k) Section 5.408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is deleted. /// /// ORDINANCE NO. 2025-19 12 (l) Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.408.1.4 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but may not necessarily be limited to, the following: 1. Documentation of the quantity, by weight, of each material type diverted or disposed, consistent with the requirements of Section 5.408.1.1, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report; or 2. For projects that satisfy the waste stream reduction alternative specified in Section 5.408.1.3, documentation of the quantity, by weight, of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2015-22 § 2.) 74-4.008 Amendments to CEBC. The 2025 California Existing Building Code (“CEBC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Existing Building Code (a) CEBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows: (1) Sections 103 and 112 of CEBC Chapter 1 (Scope and Administration) are deleted. (2) Section 106.1 (Construction Documents - General) of CEBC Chapter 1 (Scope and Administration) is amended by deleting the exception. (3) Section 106.2.1 (Construction documents) of CEBC Chapter 1 (Scope and Administration) is amended to read: 106.2.1 Construction documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic ORDINANCE NO. 2025-19 13 media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all applicable laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and for the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the tops and toes of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3.) 74-4.010 Reserved. (Ords. 2025-19 § 3, 2022-35 § 3, 2022-02 § 3.) SECTION IV. Section 76-2.002 (Adoption) of Division 76 (Electrical Code) of the County Ordinance Code is amended to read: 76-2.002 Adoption. (a) The electrical code of this county is the 2025 California Electrical Code (California Code of Regulations, Title 24, Part 3) (“CEC”), as amended by the changes, additions, and deletions set forth in this division and Division 72. (b) The 2025 California Electrical Code, with the changes, additions, and deletions set forth in Chapter 76-4 and Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this electrical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the electrical code are controlling and enforceable within the county. (Ords. 2025-19 § 4, 2022-35 § 4, 2019-31 § 4, 2016-22 § 4, 2013-24 § 4, 2011-03 § 4, 2007-54 § 5, 2002-31 § 4, 99-17 § 11, 89-60 § 2, 82-23 § 2, 79-67, 76-24.) /// /// ORDINANCE NO. 2025-19 14 SECTION V. Section 78-2.002 (Adoption) of Division 78 (Plumbing Code) of the County Ordinance Code is amended to read: 78-2.002 Adoption. (a) The plumbing code of this county is the 2025 California Plumbing Code (California Code of Regulations, Title 24, Part 5), as amended by the changes, additions, and deletions set forth in Division 72. (b) The 2025 California Plumbing Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this plumbing code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the plumbing code are controlling and enforceable within the county. (Ords. 2025-19 § 5, 2022-35 § 5, 2019-31 § 5, 2016-22 § 6, 2013-24 § 5, 2011-03 § 5, 2007-54 § 6, 2002-31 § 5, 99-17 § 12, 74-29.) SECTION VI. Section 710-2.002 (Adoption) of Division 710 (Mechanical Code) of the County Ordinance Code is amended to read: 710-2.002 Adoption. (a) The mechanical code of this county is the 2025 California Mechanical Code (California Code of Regulations, Title 24, Part 4), as amended by the changes, additions, and deletions set forth in Division 72. (b) The 2025 California Mechanical Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this mechanical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the mechanical code are controlling and enforceable within the county. (Ords. 2025-19 § 6, 2022-35 § 6, 2019-31 § 6, 2016-22 § 7, 2013-24 § 6, 2011-03 § 6, 2007-54 § 7, 2002-31 § 6, 99-17 § 13, 88-91 § 5, 74-31.) /// /// ORDINANCE NO. 2025-19 15 SECTION VII. Section 72-6.212 of the County Ordinance Code is amended to read: 72-6.212 Expiration of permit. (a) A permit issued by the county building official becomes void if either of the following occur: (1) The work authorized by the permit is not commenced within 12 months after the permit issuance date. Evidence that work has commenced consists of at least one approved inspection. (2) The work authorized by the permit is suspended or abandoned for a period of 12 consecutive months after the work is commenced. Work is deemed suspended or abandoned for a period of 12 consecutive months if no approved inspection occurs during that time. (b) A permittee holding an unexpired permit may apply to the county building official for a permit extension. Upon written request by the permittee demonstrating justifiable cause for the delay, the county building official may grant one or more extensions of time for additional periods not exceeding 180 days per each extension. (c) Once a permit becomes void, a new permit must be obtained before any work is commenced or recommenced, and a new permit fee must be paid. (Ords. 2025-19 § 7, 2022-35 § 7, 2019-31 § 7, 2007-54 § 2, 2002-31 § 2, 99-1 § 5, 87-55 § 3, 80-14 § 3, 74- 32 § 2, 71-32 § 1, 67-70 § 3: prior code § 7106: Ord. 1372 § 5H). SECTION VIII. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2025 California Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Historical Building Code, Existing Building Code, or Green Building Code, as adopted and amended herein, is declared for any reason to be invalid by a court, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination herefrom of any portion or provision as may be declared invalid by a court. /// /// /// /// /// /// ORDINANCE NO. 2025-19 16 SECTION IX. EFFECTIVE AND OPERATIVE DATES. This ordinance becomes effective 30 days after passage. This ordinance becomes operative January 1, 2026, or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code section 25124, with the names of supervisors voting for and against it. PASSED on ___________________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, _____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ______________________ [SEAL] Deputy FINDINGS FOR ORDINANCE NO. 2025-19 1 CONTRA COSTA COUNTY FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS TO STATEWIDE BUILDING STANDARDS CODE The California Building Standards Commission has adopted and published the 2025 Building Standards Code, which is comprised of the 2025 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing, and Green Building Standards Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development. Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topographical conditions include local environmental conditions. Ordinance No. 2025-19 adopts the statewide codes and amends them to address local conditions. Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2025-19 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below. I. Local Conditions A. Geological and Topographic 1. Seismicity (a) Conditions Contra Costa County is mapped as Seismic Design Categories D and E, indicating very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. (b) Impact A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires may develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces necessitates adopting stricter structural construction standards. FINDINGS FOR ORDINANCE NO. 2025-19 2 2. Soils (a) Conditions The area is replete with various soils, many of which are expansive. Many areas have landslide prone soils, and some areas are potentially liquefiable during severe seismic shaking. Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percentage of slope, many exceeding 20%. Several of these roads extend up through the winding passageways in the hills providing access to remote housing subdivisions. Most of these roads are private with no established maintenance program. (b) Impact During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable preventing fire protection resources from reaching fires caused by gas line ruptures or other sources. 3. Topographic (a) Conditions i. Vegetation Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations 6 to 8 months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources. ii. Surface Features The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas. iii. Buildings, Landscaping, and Terrain Many buildings and building complexes have building access and landscaping features and designs which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width, and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts. When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Access problems often severely delay fire and smoke control efforts. In existing structures where FINDINGS FOR ORDINANCE NO. 2025-19 3 pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel. (b) Impact The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Other variables may intensify the situation: • The extent of damage to the water system. • The extent of isolation due to bridge and/or freeway overpass collapse. • The extent of roadway damage and/or amount of debris blocking the roadways. • Climatic condition (hot, dry weather with high winds). • Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. • The availability of timely mutual aid or military assistance. • The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations. • The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations. More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not impact the availability of the County’s fire or public safety resources. B. Climatic 1. Precipitation and Relative Humidity (a) Conditions Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April, and 4% from May through September. May through September is a dry 5-month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45 to 65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasionally falls as low as 15%. (b) Impact Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are FINDINGS FOR ORDINANCE NO. 2025-19 4 often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single-family residence during these dry periods. Because of dryness, a rapidly burning gas fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss. 2. Greenhouse Gas Emissions (a) Conditions The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “transportation” (all on-road vehicles such as automobiles and trucks, and off- road vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source. According to the 2020-2022 statewide inventory (2024 Edition), the transportation sector remains the largest source of greenhouse gas emissions, accounting for 37.7% of the total greenhouse gas emissions. Emissions from waste, comprising 2.2% of the total greenhouse gas emissions, have grown by 14.1% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal. On November 5, 2024, Contra Costa County adopted its 2045 General Plan and 2024 Contra Costa County Climate Action and Adaptation Plan (CAAP). An updated local greenhouse gas emission inventory was included as part of the 2024 CAAP. For the purpose of reducing greenhouse gas emissions, the C2024 CAAP contains 29 climate action strategies, 11 of which directly result in greenhouse gas emission reductions. These strategies include, among other things, actions to support limiting the amount of waste disposal in landfills, actions to increase the installation of electric vehicle charging stations for all vehicle types as well as actions to increase the use of zero-emission vehicles throughout unincorporated Contra Costa County. (b) Impact More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would be consistent with the intent of State legislation and County requirements to aggressively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction goals. FINDINGS FOR ORDINANCE NO. 2025-19 5 3. Temperature (a) Conditions Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County. (b) Impact High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures. Another impact from high temperatures is that combustible building material and non- irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines. This necessitates that voltage drops be considered. More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not have a negative impact on the temperature conditions within the County. 4. Winds (a) Conditions Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry condition. (b) Impact Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. Winds of the type experienced locally also reduce the effectiveness of exterior FINDINGS FOR ORDINANCE NO. 2025-19 6 water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials, buildings with inadequately separated interior areas, or buildings lacking automatic fire protection systems, proper gas shut-off devicesor proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred. More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements, would not have a negative impact on the wind conditions within the County. II. Necessity of More Restrictive Standards Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the more restrictive fire protection, structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2025-19. A. The ordinance amends the 2025 California Building Code by: 1. Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.002(b).) 2. Requiring wood shakes or shingles used for exterior wall covering to be fire treated. (§ 74-4.002(c).) 3. Requiring special inspections for concrete compressive strength at certain foundations to be consistent with code requirements for concrete at other locations. (§ 74-4.002(d).) 4. Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(e), § 74-4.002(g), and § 74-4.002(h).) 5. Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(f).) 6. Requiring minimum strength and construction standards for slabs-on-ground. (§ 74-4.002(i).) B. The ordinance amends the 2025 California Residential Code by: 1. Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.004(b).) 2. Prohibiting the use of gypsum wallboard as braced wall panels in single- and two- family dwellings and accessory structures, and by limiting the use of Portland FINDINGS FOR ORDINANCE NO. 2025-19 7 Cement Plaster braced walls to one story single- and two-family dwellings, as these materials have performed poorly during recent California seismic events. (§74- 4.004(c) and §74-4.004(d).) C. The ordinance amends the 2025 California Green Building Standards Code by: 1. Imposing more restrictive electric vehicle charging standards, as follows: (a) For new multi-family buildings, requiring ten percent of the total number of parking spaces be equipped with fully-operational Level 2 electric vehicle supply equipment for all multi-family buildings. (§ 74-4.006(c).) (b) For new non-residential buildings, other than office and retail buildings, increasing the number of designated electric vehicle parking spaces that must have fully functional charging equipment. (§ 74-4.006(h).) 2. Imposing more restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the County as follows: (a) Imposing the mandatory restrictions from Chapter 4 of the 2025 CGBSC on certain projects for existing residential buildings, including: i. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. (§ 74-4.006(a).) ii. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. (§ 74-4.006(a).) iii. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. (§ 74- 4.006(a) and § 74-4.006(b).) (b) Eliminating the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. (§ 74- 4.006(d).) (c) Requiring measuring of all generated debris to ensure that at least 65% is diverted from landfills. (§ 74-4.006(g) and § 74-4.006(l).) (d) Requiring more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(e) and § 74- 4.006(j).) D. The amendments to the 2025 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code, and to be consistent with the administrative provisions of the statewide codes as amended. III. Assembly Bill 130 Findings In addition to the requirement that modifications and changes be reasonably necessary because of local climatic, geological, or topographical conditions, Assembly Bill 130 imposed additional limitations to modifications and changes that impact residential units. FINDINGS FOR ORDINANCE NO. 2025-19 8 After October 1, 2025, a local jurisdiction may not make any modification or change to these codes that is applicable to residential units, except under specifically enumerated conditions. (Health & Saf. Code, § 17958.5(c).) The enumerated conditions that permit a local jurisdiction to make a modification or change affecting residential units include but are not limited to: (i) the change or modification is substantially equivalent to a change or modification that was in effect as of September 30, 2025 (Health & Saf. Code, § 17958.5(c)(1)), and (ii) the change or modification relates to home hardening (Health & Saf. Code, § 17958.5(c)(3)). With one exception, each of the modifications applicable to residential units included in Ordinance No. 2025-19 were also included in Ordinance No. 2022-35, Contra Costa County’s adoption of the 2022 California Building Code with local amendments. The Contra Costa County Board of Supervisors adopted Ordinance No. 2022-35 on November 8, 2022, and the County’s adopted 2022 California Building Code with local amendments was effective on January 1, 2023. According, the modifications applicable to residential units included in Ordinance No. 2025-19, with one exception, are permitted under AB130 because they are substantially similar to modifications that were in effect in Contra Costa County as of September 30, 2025. Ordinance No. 2025-19 modifies Section 1405.2 of the California Building Code (§ 74- 4.002(c)), to require that wood shakes or shingles used for exterior wall covering to be fire treated. Ordinance No. 2022-35 also included this modification, but included an exception for when the exterior wall was at least 10 feet from the property line or faced a street. Thus, the modification in Ordinance No. 2025-19 is more restrictive than the modification previously in effect in Contra Costa County. Nevertheless, Ordinance No. 2025-19’s modification to Section 1405.2 is permitted under AB130 because it relates to home hardening as it further protects the subject residential unit from fire and inhibits the spread of fire to surrounding residential units. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4447 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE allocations of Supervisorial District IV Community Impact Funds in an aggregate amount of $474,625, as recommended by Supervisor Carlson. (100% General Fund) Attachments:1. Staff Report w/ Footnotes (PDF), 2. Attachment A - Community Impact Fund District IV Recommendations Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Monica Nino, County Administrator Report Title:ALLOCATION RECOMMENDATIONS FROM COMMUNITY IMPACT FUND - SUPERVISORIAL DISTRICT IV ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1.APPROVE allocations of Supervisorial District IV Community Impact Funds in an aggregate amount of $474,625; 2.APPROVE and AUTHORIZE the District IV Supervisor, or designee, to enter into contracts related to the allocation of Community Impact Funds in an aggregate amount of $474,625 as outlined in Attachment A. FISCAL IMPACT: On June 24, 2025, the Board indicated a desire to allocate $1 million per District from COVID-19 FEMA Reserve funds (now General Fund Appropriation for Contingencies) for direction by each District Supervisor following a community engagement process within each Supervisorial District. Subsequently, on July 8, 2025, the Board allocated $15,000 per District to fund the costs of community engagement processes to help inform allocation of $1 million District grant programs. The $15,000 per District amounts are separate and in addition to the $1 million per District allocations. Today’s action requests that the Board authorize Community Impact Fund allocations in an aggregate amount of $474,625, as described in Attachment A, following community engagement and allocation solicitation processes facilitated by Supervisorial District IV. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 7 powered by Legistar™ File #:25-4447,Version:1 BACKGROUND: Establishment of the COVID-19 FEMA Reserve On April 22, 2024 <https://contra-costa.legistar.com/LegislationDetail.aspx?ID=6639234&GUID=5C143422- E0CD-4C15-8BD0-36C645A7A9A6&Options=ID%7CText%7C&Search=FEMA&FullText=1>, the Board of Supervisors directed the County Administrator to claim $37,544,395 in remaining American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) to offset a portion of the General Fund subsidy to the Hospital Enterprise Fund in FY23-24. In addition, the Board directed the County Administrator to take the following actions: 1.Include a General Fund Assigned Reserve designation in a like amount at the conclusion of FY23-24 in recognition of FEMA claims that have not yet been obligated or received and to return to the Board at least annually with an update as to the status of COVID-19 era FEMA Public Assistance program claims; and 2.At that time the Board would make determinations as to whether the General Fund Assigned Reserve designation amount should be reduced based on additional revenue received from FEMA. On April 30, 2024, the County Administrator’s Office processed the final CSLFRF claim in the amount of $37,544,395 as directed by the Board and subsequently reported the transaction in the next quarterly report to the United States Treasury Department effectively concluding the County’s ARPA CSLFRF program. On June 4, 2024 <https://contra-costa.legistar.com/LegislationDetail.aspx?ID=6710249&GUID=5271BE5F- 4693-4317-BFDD-C612A4C0B957&Options=ID|Text|&Search=FEMA>, the Board authorized a second transaction to draw the full balance of the ARPA Local Assistance and Tribal Consistency Fund (LATCF) in the amount of $100,000 and similarly allocate a like amount to General Fund Assigned Reserve status. On September 24, 2024 <https://contra-costa.legistar.com/LegislationDetail.aspx? ID=6869480&GUID=4302899F-FFF5-4CA4-9F52-1AF888B7FDAF&Options=ID%7CText% 7C&Search=FEMA&FullText=1>, the Board of Supervisors approved the FY24-25 Adopted Budget as Finally Determined, which includes mandatory schedules outlined in the County Budget Act.Schedule A, titled “Detail of Provisions for Obligated Fund Balances for Fiscal Year 2024-2025 Final Budgets <https://contra- costa.legistar.com/View.ashx?M=F&ID=13319952&GUID=E180B601-6361-453C-8367-36097CE1ACEE>” includes a provision for the combined $37,644,395 General Fund Assigned Fund Balance (henceforth referred to as the “COVID-19 FEMA Reserve”), in compliance with the direction from the Board on April 22, 2024 and June 4, 2024 as outlined above. Year 1 COVID-19 FEMA Reserve Report In compliance with the Board’s direction from April 22, 2024, the County Administrator returned to the Board of Supervisors on April 28, 2025 to provide a Year 1 report on the status of COVID-19 era FEMA Public Assistance program claims. The report was integrated into the FY25-26 budget hearing process. Specifically, the County Administrator’ s report indicated that, as of April 21, 2025, the County had received $74,003,942, or 89.7% of anticipated COVID-19 FEMA Public Assistance funding across 20 of 23 applications for reimbursement. Of the three (3) projects that the County had not yet received funding for, the California Office of Emergency Services (CalOES) and FEMA had already approved the County’s full funding request and the payments were being processed. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 7 powered by Legistar™ File #:25-4447,Version:1 Below is a complete reconciliation of projects as provided to the Board at the April 28, 2025 presentation: Based on this status report, the County Administrator recommended to the Board that up to $20,971,026 be reclassified from Assigned fund balance to Unassigned fund balance at the conclusion of FY24-25. This figure was derived from a calculation taking into account three specific factors: 1.The amount outstanding related to COVID-19 FEMA Public Assistance claim payments not yet received totaling $8,177,747; 2.Retention of 10% of the County’s total obligated COVID-19 FEMA claims in case of future audit totaling $8,218,169; and 3.$277,453 related to the County’s share of Fair Market Value (FMV) costs related to capital assets procured as part of the County’s COVID-19 response efforts. The table below provides a reconciliation between the original COVID-19 FEMA Reserve amount and the proposed amount for FY25-26: CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 7 powered by Legistar™ File #:25-4447,Version:1 Ultimately, the Board directed the County Administrator to continue to return annually to provide similar updates on the status of the COVID-19 FEMA Reserve and to decrease amount held in the COVID-19 FEMA Reserve fund balance by $20,971,026, from $37,644,395 to $16,673,369 for FY25-26 - consistent with the County Administrator’s recommendation. Allocation of Released COVID-19 FEMA Reserve - $20,971,026 The reduction of the COVID-19 FEMA Reserve in the amount of $20,971,026 effectively reclassified that funding amount from Assigned General Fund Balance to Unassigned General Fund Balance. Following that reclassification, and as part of the FY25-26 budget hearings, the Board allocated $6,241,158 of the released funding to support certain programs and designated the remaining $14,729,868 to be appropriated within the General Fund “Appropriation for Contingencies”. Appropriations for Contingencies is a unique cost center within the General Fund containing appropriated funds - typically for use in exigent circumstances - and specifically requires a four-fifths (4/5s) vote of the Board for any transfers from that cost center. Below is a reconciliation of allocations of the released $20,971,026 COVID-19 FEMA Reserve: SAFE Center 3,500,000$ Stand Together CoCo 2,341,158$ Refugee Resettlement 400,000$ Appropriation for Contingencies 14,729,868$ Total 20,971,026$ COVID-19 FEMA General Fund Reserve FY25-26 Allocation of Released Funding Update on Status of COVID-19 FEMA Public Assistance Claims - as of October 10, 2025 Since the adoption of the FY25-26 budget, the County has received the remaining three (3) COVID-19 FEMA Public Assistance program claims anticipated during the April 2025 budget hearings along with an additional allocation related to a testing claim cumulatively totaling $8,181,373. As of this writing, the County has CONTRA COSTA COUNTY Printed on 1/2/2026Page 4 of 7 powered by Legistar™ File #:25-4447,Version:1 received $82,185,315, or 99.7% of anticipated funding across all 23 reimbursement requests submitted. The County continues to work with FEMA and CalOES on formal closeout of three (3) projects and anticipate a final payment to the County of approximately $112,421 at conclusion. Below is a complete reconciliation of COVID-19 FEMA projects as of October 10, 2025: Establishment of Community Impact Fund Program Following the FY25-26 budget hearings, the Board established and developed the Community Impact Fund program using the former FEMA Reserve funds over the course of several Board meetings between June and August 2025. Below is a summary of actions from each meeting: Board Direction on June 24, 2025 On June 24, 2025, the Board provided direction on next steps to staff, including: 1.Indicated a desire to allocate $1 million per District from the General Fund Appropriation for Contingencies for direction by each District Supervisor, requested each Supervisor to conduct a CONTRA COSTA COUNTY Printed on 1/2/2026Page 5 of 7 powered by Legistar™ File #:25-4447,Version:1 community engagement process within their respective Districts and the County Administrator to provide a webpage to gain public input on allocations specifically for rapid rehousing, food insecurity and rental assistance; 2.The County Administrator’s Office was directed to return to the Board on July 8, 2025 with information to assist the Board in making funding allocations to each District office for cost of conducting community outreach, including town hall meetings in each Supervisorial District, regarding the allocation of funds identified in No. 1 above; and 3.The Board and the County Administrator would return to the August 5, 2025 Board meeting to report on the outcomes of the community engagement processes outlined above and determine whether to make further allocations from the General Fund Appropriation for Contingencies in addition to the $5 million previously identified for District allocations. Board Direction on July 8, 2025 On July 8, 2025, the Board provided direction on next steps to staff, including: 1.Setting October 21, 2025 as the return date for the discussion on the allocation of each $1 million Supervisorial District allocation to allow each District office sufficient time to establish their respective community engagement processes and to allow time for better understanding of the local impacts to the County from federal legislation and state budget adoption; 2.Directed staff to work with each District office on a proposed set of common questions for use in facilitating a community survey. The community survey could be used by each Supervisorial District office while conducting their respective community engagement processes as well as being posted on the County website for interested parties to complete; and 3.Return to the Board on August 12, 2025 for final review and approval of the community survey and distribution approach. Board Direction on August 12, 2025 On August 12, 2025, the Board provided direction on next steps to staff, including: 1.Formally titling the grant program the “Community Impact Fund”; and 2.Provided final feedback on and authorized release of the Community Impact Fund Community Survey. Release of Community Impact Fund Survey and Allocation Logistics Following direction from the Board on August 12, 2025, the County Administrator’s Office finalized and released the Community Impact Fund Survey on August 25, 2025 in both English and Spanish. The survey ran through September 30, 2025 and received 2,758 community responses. Consistent with the discussion at the August 12, 2025 Board meeting, staff developed a public dashboard to communicate the results of the survey, including the ability to disaggregate survey responses through several demographic filters. CONTRA COSTA COUNTY Printed on 1/2/2026Page 6 of 7 powered by Legistar™ File #:25-4447,Version:1 The Community Impact Fund Survey Dashboard can be accessed here: <https://www.contracosta.ca.gov/Community-Impact-Fund>. In addition, the County Administrator’s Office has provided Supervisorial District staff with logistical support in preparation for presenting allocations for final approval to the full Board. This includes developing a common reporting spreadsheet to summarize allocation proposals by District and developing a process to assist in the timely development of related contracts following approval by the Board. Conclusion Today’s action requests that the Board allocate $474,625 of Community Impact Funds from the Supervisorial District IV allocation following a comprehensive community engagement and funding solicitation process led by Supervisor Carlson. In addition, in recognition that several community engagement and allocation solicitation processes remain in progress, as well as staff analysis related to the impacts of recent federal legislation and the State budget adoption, the larger discussion of Community Impact Funds has been rescheduled to the November 18, 2025 discussion calendar. CONSEQUENCE OF NEGATIVE ACTION: The Community Impact Fund allocations sponsored by Supervisorial District IV will not be formally approved by the Board. CONTRA COSTA COUNTY Printed on 1/2/2026Page 7 of 7 powered by Legistar™ To: Board of Supervisors From: Monica Nino, County Administrator Report Title: ALLOCATION RECOMMENDATIONS FROM COMMUNITY IMPACT FUND – SUPERVISORIAL DISTRICT IV ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: 1. APPROVE allocations of Supervisorial District IV Community Impact Funds in an aggregate amount of $474,625; 2. APPROVE and AUTHORIZE the District IV Supervisor, or designee, to enter into contracts related to the allocation of Community Impact Funds in an aggregate amount of $474,625 as outlined in Attachment A. FISCAL IMPACT: On June 24, 2025, the Board indicated a desire to allocate $1 million per District from COVID- 19 FEMA Reserve funds (now General Fund Appropriation for Contingencies) for direction by each District Supervisor following a community engagement process within each Supervisorial District. Subsequently, on July 8, 2025, the Board allocated $15,000 per District to fund the costs of community engagement processes to help inform allocation of $1 million District grant programs. The $15,000 per District amounts are separate and in addition to the $1 million per District allocations. Today’s action requests that the Board authorize Community Impact Fund allocations in an aggregate amount of $474,625, as described in Attachment A, following community engagement and allocation solicitation processes facilitated by Supervisorial District IV. BACKGROUND: Establishment of the COVID-19 FEMA Reserve On April 22, 2024, the Board of Supervisors directed the County Administrator to claim $37,544,395 in remaining American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) to offset a portion of the General Fund subsidy to the Hospital Enterprise Fund in FY23-24. In addition, the Board directed the County Administrator to take the following actions: 1. Include a General Fund Assigned 1 Reserve designation in a like amount at the conclusion of FY23-24 in recognition of FEMA claims that have not yet been obligated or received and to return to the Board at least annually with an update as to the status of COVID-19 era FEMA Public Assistance program claims; and 2. At that time the Board would make determinations as to whether the General Fund Assigned Reserve designation amount should be reduced based on additional revenue received from FEMA. On April 30, 2024, the County Administrator’s Office processed the final CSLFRF claim in the amount of $37,544,395 as directed by the Board and subsequently reported the transaction in the next quarterly report to the United States Treasury Department effectively concluding the County’s ARPA CSLFRF program. On June 4, 2024, the Board authorized a second transaction to draw the full balance of the ARPA Local Assistance and Tribal Consistency Fund (LATCF) in the amount of $100,000 and similarly allocate a like amount to General Fund Assigned Reserve status. On September 24, 2024, the Board of Supervisors approved the FY24-25 Adopted Budget as Finally Determined, which includes mandatory schedules outlined in the County Budget Act 2. Schedule A, titled “Detail of Provisions for Obligated Fund Balances for Fiscal Year 2024-2025 Final Budgets” includes a provision for the combined $37,644,395 General Fund Assigned Fund Balance (henceforth referred to as the “COVID-19 FEMA Reserve”), in compliance with the direction from the Board on April 22, 2024 and June 4, 2024 as outlined above. Year 1 COVID-19 FEMA Reserve Report In compliance with the Board’s direction from April 22, 2024, the County Administrator returned to the Board of Supervisors on April 28, 2025 to provide a Year 1 report on the status of COVID-19 era FEMA Public Assistance program claims. The report was integrated into the FY25-26 budget hearing process. Specifically, the County Administrator’ s report indicated that, as of April 21, 2025, the County had received $74,003,942, or 89.7% of anticipated COVID-19 FEMA Public Assistance funding across 20 of 23 applications for reimbursement. Of the three (3) projects that the County had not yet received funding for, the California Office of Emergency Services (CalOES) and FEMA had already approved the County’s full funding request and the payments were being processed. Below is a complete reconciliation of projects as provided to the Board at the April 28, 2025 presentation: 1 GASB Statement No. 54 defines five categories of fund balance, each with different levels of constraint: nonspendable, restricted, committed, assigned, and unassigned. Among these, the "assigned" fund balance allows for the most discretion by the governing board. It is used to designate funds for specific purposes that do not meet the stricter criteria of the other categories. 2 Government Code §§ 29000–29144 Based on this status report, the County Administrator recommended to the Board that up to $20,971,026 be reclassified from Assigned fund balance to Unassigned fund balance at the conclusion of FY24-25. This figure was derived from a calculation taking into account three specific factors: 1. The amount outstanding related to COVID-19 FEMA Public Assistance claim payments not yet received totaling $8,177,747; 2. Retention of 10% of the County’s total obligated COVID-19 FEMA claims in case of future audit totaling $8,218,169; and 3. $277,453 related to the County’s share of Fair Market Value (FMV) costs related to capital assets procured as part of the County’s COVID-19 response efforts.3 The table below provides a reconciliation between the original COVID-19 FEMA Reserve amount and the proposed amount for FY25-26: 3 FEMA may reimburse a portion of the fair market value of capital assets (defined as equipment with a useful life over 1-year and with a per unit cost of over $5,000) purchased for disaster response operations, but only the depreciated cost allocable to the disaster period is eligible. The balance of costs remain the responsibility of the responding entity, in this case, the County. Ultimately, the Board directed the County Administrator to continue to return annually to provide similar updates on the status of the COVID-19 FEMA Reserve and to decrease amount held in the COVID-19 FEMA Reserve fund balance by $20,971,026, from $37,644,395 to $16,673,369 for FY25-26 – consistent with the County Administrator’s recommendation. Allocation of Released COVID-19 FEMA Reserve - $20,971,026 The reduction of the COVID-19 FEMA Reserve in the amount of $20,971,026 effectively reclassified that funding amount from Assigned General Fund Balance to Unassigned General Fund Balance. Following that reclassification, and as part of the FY25-26 budget hearings, the Board allocated $6,241,158 of the released funding to support certain programs and designated the remaining $14,729,868 to be appropriated within the General Fund “Appropriation for Contingencies”4. Appropriations for Contingencies is a unique cost center within the General Fund containing appropriated funds – typically for use in exigent circumstances – and specifically requires a four- fifths (4/5s) vote of the Board for any transfers from that cost center 5. 4 Government Code § 29084 authorizes the establishment of an appropriation or appropriations for contingencies in such amounts as the board deems sufficient. 5 Government Code § 29125(a)(2) Below is a reconciliation of allocations of the released $20,971,026 COVID-19 FEMA Reserve: Update on Status of COVID-19 FEMA Public Assistance Claims – as of October 10, 2025 Since the adoption of the FY25-26 budget, the County has received the remaining three (3) COVID-19 FEMA Public Assistance program claims anticipated during the April 2025 budget hearings along with an additional allocation related to a testing claim cumulatively totaling $8,181,373. As of this writing, the County has received $82,185,315, or 99.7% of anticipated funding across all 23 reimbursement requests submitted. The County continues to work with FEMA and CalOES on formal closeout of three (3) projects and anticipate a final payment to the County of approximately $112,421 at conclusion. SAFE Center 3,500,000$ Stand Together CoCo 2,341,158$ Refugee Resettlement 400,000$ Appropriation for Contingencies 14,729,868$ Total 20,971,026$ COVID-19 FEMA General Fund Reserve FY25-26 Allocation of Released Funding Below is a complete reconciliation of COVID-19 FEMA projects as of October 10, 2025: Establishment of Community Impact Fund Program Following the FY25-26 budget hearings, the Board established and developed the Community Impact Fund program using the former FEMA Reserve funds over the course of several Board meetings between June and August 2025. Below is a summary of actions from each meeting: Board Direction on June 24, 2025 On June 24, 2025, the Board provided direction on next steps to staff, including: 1. Indicated a desire to allocate $1 million per District from the General Fund Appropriation for Contingencies for direction by each District Supervisor, requested each Supervisor to conduct a community engagement process within their respective Districts and the County Administrator to provide a webpage to gain public input on allocations specifically for rapid rehousing, food insecurity and rental assistance; 2. The County Administrator’s Office was directed to return to the Board on July 8, 2025 with information to assist the Board in making funding allocations to each District office for cost of conducting community outreach, including town hall meetings in each Supervisorial District, regarding the allocation of funds identified in No. 1 above; and 3. The Board and the County Administrator would return to the August 5, 2025 Board meeting to report on the outcomes of the community engagement processes outlined above and determine whether to make further allocations from the General Fund Appropriation for Contingencies in addition to the $5 million previously identified for District allocations. Board Direction on July 8, 2025 On July 8, 2025, the Board provided direction on next steps to staff, including: 1. Setting October 21, 2025 as the return date for the discussion on the allocation of each $1 million Supervisorial District allocation to allow each District office sufficient time to establish their respective community engagement processes and to allow time for better understanding of the local impacts to the County from federal legislation and state budget adoption; 2. Directed staff to work with each District office on a proposed set of common questions for use in facilitating a community survey. The community survey could be used by each Supervisorial District office while conducting their respective community engagement processes as well as being posted on the County website for interested parties to complete; and 3. Return to the Board on August 12, 2025 for final review and approval of the community survey and distribution approach. Board Direction on August 12, 2025 On August 12, 2025, the Board provided direction on next steps to staff, including: 1. Formally titling the grant program the “Community Impact Fund”; and 2. Provided final feedback on and authorized release of the Community Impact Fund Community Survey. Release of Community Impact Fund Survey and Allocation Logistics Following direction from the Board on August 12, 2025, the County Administrator’s Office finalized and released the Community Impact Fund Survey on August 25, 2025 in both English and Spanish. The survey ran through September 30, 2025 and received 2,758 community responses. Consistent with the discussion at the August 12, 2025 Board meeting, staff developed a public dashboard to communicate the results of the survey, including the ability to disaggregate survey responses through several demographic filters. The Community Impact Fund Survey Dashboard can be accessed here: https://www.contracosta.ca.gov/Community-Impact-Fund. In addition, the County Administrator’s Office has provided Supervisorial District staff with logistical support in preparation for presenting allocations for final approval to the full Board. This includes developing a common reporting spreadsheet to summarize allocation proposals by District and developing a process to assist in the timely development of related contracts following approval by the Board. Conclusion Today’s action requests that the Board allocate $474,625 of Community Impact Funds from the Supervisorial District IV allocation following a comprehensive community engagement and funding solicitation process led by Supervisor Carlson. In addition, in recognition that several community engagement and allocation solicitation processes remain in progress, as well as staff analysis related to the impacts of recent federal legislation and the State budget adoption, the larger discussion of Community Impact Funds has been rescheduled to the November 18, 2025 discussion calendar. CONSEQUENCE OF NEGATIVE ACTION: The Community Impact Fund allocations sponsored by Supervisorial District IV will not be formally approved by the Board. Contra Costa County Community Impact Fund Grant Program, Supervisorial District Recommendations ATTACHMENT A Department Contractor Term Start Term End Contract Amount Program Description Contract Deliverables Performance Measures District 4 United Latino Voices 1/1/2026 12/31/2026 50,000$ United Latino Voices (ULV), founded in 2009, is a grassroots coalition of Latinx leaders working to address inequities in healthcare and other systems impacting the Latinx community. Partnering with allies, ULV reduces generational harms faced by undocumented immigrants in Contra Costa County through healthcare access, mentorship, and leadership development for emerging Latinx changemakers. United Latino Voices (ULV) will launch the Concord Immigrant Protections Network, a community-led effort to safeguard Central County immigrant families and businesses through education, preparedness, and rapid response. The initiative will train volunteers to provide Know Your Rights outreach, support family preparedness, and build a coordinated network ready to respond to immigration enforcement activity. The project coordinator will be responsible for tracking volunteer sign-ups and assignments, which will be tracked in an Excel database. Data will be reviewed bimonthly with ULV partners to assess if strategies need adjusting. Surveys will be used whenever possible to assess impact on our target community. District 4 Ganas Community Org 1/1/2026 12/31/2026 15,000$ GANAS serves low-income Latino students and their families by providing tutoring, non-clinical counseling, mentoring and educating them about navigating the school system and utilizing community services. The funds will be used for GANAS summer school tutoring program at Oak Grove Middle School in Concord. GANAS will compare the students' truancy rates and disciplinary issues from the end of the 25-26 school year with those same rates after the end of the first semester of the 26-27 school year. GANAS will do the same comparison with students' grades and will survey students about their experiences with tutors/mentors. District 4 Mt.Diablo Education Foundation 1/1/2026 12/31/2026 40,000$ For the past eight years, MDEDF has supported MDUSD schools serving low-income families, focusing on campuses where more than half of students qualify for Free & Reduced Price Meals, including 19 Title I schools with 14 in District IV. To address inequities such as food insecurity, transportation barriers, and limited enrichment access, MDEDF funds programs that keep students engaged through STEM, arts, college exposure, and character development initiatives. This grant supports Title I students through three key initiatives: social-emotional learning with Diablo Ballet’s PEEK program, cultural appreciation through artist residencies, and STEM enrichment via robotics programs that inspire future college and career paths. Together, these efforts foster emotional growth, cultural understanding, and academic opportunity across the district. Program outcomes are measured through post-program surveys, artist reports, and advisor debriefs assessing student growth, engagement, and participation. These evaluations capture progress in behavior, teamwork, cultural understanding, and STEM achievement across all initiatives. District 4 Joybound People & Pets Trinity Center 1/1/2026 12/31/2026 39,599$ Joybound nurtures the human-animal bond by bringing people and animals together to enrich each other’s lives, envisioning a world where every companion animal has a loving home and every person can access the benefits of that bond. Trinity Center provides essential services, case management, and housing support to empower adults experiencing homelessness in Contra Costa County toward stability and wellness. Funds will support a collaborative community event by Joybound and Trinity Center that brings human and pet- related services together for individuals facing housing and employment challenges. The event will offer access to essential resources such as meals, showers, housing support, pet care, and job training, serving 150–200 attendees while fostering community connection and collaboration. Joybound/Trinity will track attendance, services utilized, and participant demographics through surveys, with staff or volunteers assisting attendees who need help completing them. Feedback will measure satisfaction, identify what needs were immediately met, and identify additional and ongoing needs. Partner organizations will also report on their service delivery. District 4 Clayton Pride 1/1/2026 12/31/2026 15,000$ Clayton Pride is a volunteer-led nonprofit that celebrates and supports the LGBTQ+ community in Clayton and across Contra Costa County through safe, affirming spaces and inclusive programming. Its initiatives uplift LGBTQ+ youth, people of color, and families while fostering inclusion, education, and belonging for District IV residents and allies. Funds will support Clayton Pride’s annual Pride Parade and Festival, which has become a cornerstone celebration in the city and county. Specifically, Clayton Pride will use the funding for event infrastructure (permits, safety, staging, and accessibility), community engagement activities, scholarships for local LGBTQ+ youth pursuing higher education, and collaborative programming with partner organizations such as PFLAG and local GSAs. Clayton Pride will track attendance numbers, scholarship applications and awards, partnership participation, and community feedback surveys. Success will be measured both quantitatively (e.g., number of participants, scholarships awarded) and qualitatively (e.g., testimonials, increased visibility, improved sense of belonging). District 4 Child Advocates of Contra Costa 1/1/2026 12/31/2026 48,813$ Since 1981, CACCC has trained and supported volunteer advocates to represent abused and neglected children in court, helping them find permanent homes and complete their education. In FY24/25, the organization served 37 District IV children with 56 CASA Volunteers and seven tutors, primarily children of color, despite a $350,000 funding loss that reduced staff and supervision capacity. Funds will expand CACCC’s staff capacity by hiring 1.5 FTE Case Coordinators (including 0.5 FTE funded by District IV) to reduce the 77-youth waitlist, serve 69 additional foster youth annually, and support 63 more CASA Volunteers. This expansion will improve response times to court referrals and strengthen long-term sustainability through CalAIM Medi-Cal reimbursement. CACCC will track referrals, CASA assignments, volunteer hours, and case outcomes through its Case Management Database and supervision logs. Additional measures include court report reviews, waitlist monitoring, and surveys/interviews to assess volunteer and youth satisfaction and advocacy impact. District 4 Choice in Aging 1/1/2026 12/31/2026 30,000$ Choice in Aging provides supported spaces and culturally responsive health and social programming to help low-income seniors and individuals with disabilities age in place. The agency also prioritizes hiring and retaining a diverse workforce to advance its mission and serve historically underserved populations. Funds will support a staff development day covering best practices, self-care, disaster preparedness, workplace safety, and person-centered care, including catering and lost revenue costs. This investment aims to better equip staff to serve participants and enhance overall agency operations. Staff will complete pre- and post-development surveys to evaluate confidence and preparedness, with a follow-up survey three months later to measure long-term impact. These assessments will help ensure the training effectively strengthens staff capacity and service quality. District 4 Network of Care 1/1/2026 12/31/2026 11,213$ The Network of Care provides in-hospital meal support for families whose children are suddenly hospitalized, allowing parents to focus on their child’s recovery without worrying about food. Funds will cover non-perishable food items, packaging supplies, and shipping costs to hospitals. The Network of Care receives hospital data, including patient zip codes and cities within District IV, and tracks all meal deliveries made to hospitals. Performance will be tracked through hospital delivery records, family feedback, and hospital requests for additional meals. District 4 Assistance League Diablo Valley 1/1/2026 12/31/2026 20,000$ Assistance League Diablo Valley is a volunteer-led nonprofit improving lives in the community, including through its Clothing Program for students in need. The program ensures that students have access to new clothing, supporting their confidence and school participation. Funds will help defray the cost of clothing for District IV students. Assistance League Diablo Valley measures success by tracking clothing distribution and collecting feedback from school staff, parents, and students on the program’s impact. District 4 CoCo Senior Legal Services 1/1/2026 12/31/2026 40,000$ Contra Costa Senior Legal Services provides free legal advice, representation, and advocacy for residents aged 60 and older, addressing housing, economic security, and abuse prevention. Contra Costa Senior Legal Services (CCSLS) has received funding from Kaiser to launch Contra Costa’s first Medical Legal Partnership, aimed at improving outcomes for disadvantaged seniors. While Kaiser funds the lead attorney, District IV Impact Funds will be used to hire a consultant to conduct a landscape analysis, mapping medical facilities across the county, identifying the number of seniors served, and assessing key resources such as social workers to strengthen the project’s impact. Contra Costa Senior Legal Services progress is measured through systemic markers such as new MOU agreements, establishment of referral processes, and guidelines for the medical-legal partnership. District 4 First Tee 1/1/2026 12/31/2026 80,000$ First Tee integrates golf with life skills education to help children build character, self-confidence, and resilience applicable throughout their lives. Funds will support coach training, provide equipment to schools, and expand school and community partnerships, including with Mt. Diablo Unified School District, the Community Youth Center and the Boys & Girls Club. Outcomes are assessed via teacher, parent, and youth surveys, along with third-party studies provided by First Tee. District 4 CoCo Kids 1/1/2026 12/31/2026 75,000$ CoCo Kids ensures school readiness, child safety, and economic development by providing childcare referrals, provider training, subsidies, and resources for marginalized families and providers. Funds will expand programs for linguistically and culturally isolated families, including training for diverse childcare providers and distribution of multilingual materials. CoCo Kids impact is measured and tracked via electronic enrollment systems, attendance records, materials distribution logs, and pre- and post-training surveys for providers. District 4 Meals on Wheels CC 1/1/2026 12/31/2026 10,000$ Meals on Wheels CC ensures homebound seniors have reliable access to daily nutritious meals by bridging the gap between limited government funding and actual meal costs. Funding will subsidize meals for District IV seniors to guarantee uninterrupted access to nutrition. Performance is tracked through quarterly Employment and Human Services Department (EHSD) reports on meals served and seniors enrolled, with additional insights from client feedback and service provider communications. 474,625$ TOTAL 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4351 Name: Status:Type:Consent Item Passed File created:In control:9/16/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the District Attorney, a Software License Agreement with Pryme Infil, LLC in an amount not to exceed $7,875 for use of an emergency notification system, with operational efficiencies, that can prioritize alerts for child rescue situations, bypassing the Do Not Disturb feature on smart phones, for the period November 8, 2025 through November 7, 2026. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Diana Becton, District Attorney Report Title:Purchase Order and Related Software License Agreement with Pryme Infil, 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 District Attorney, a Software License Agreement with Pryme Infil, LLC in an amount not to exceed $7,875 for use of an emergency notification system that can prioritize alerts for child rescue situations, bypassing the Do Not Disturb feature on smartphones, as well as enhancing operational efficiency by enabling the creation, modification, and approval of operational orders in the field, for the period November 8, 2025 through November 7, 2026. FISCAL IMPACT: Approval of this action will result in expenditures of up to $7,875 which have been included in the Department’s FY2025-2026 Budget. BACKGROUND: The District Attorney’s Office uses this specialized software from Pryme Infil, LLC, to support operational planning and coordination for staff members in the field. The tool enhances communication and efficiency during field activities and ensure compliance with internal protocols including tracking training sessions and equipment. The software uses an emergency notification system that can prioritize alerts for child rescue situations, bypassing the Do Not Disturb feature on smartphones to send out notifications to the public. Approval of the purchase order and related Software License Agreement will allow the District Attorney’s Office to continue using this tool to improve coordination, planning and communication of the investigative team operations. This Software License Agreement includes limitation of liability under which the County CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4351,Version:1 agrees to hold Pryme Infil, LLC harmless from any claims arising out of the performance of this agreement. CONSEQUENCE OF NEGATIVE ACTION: Without executing the purchase order and related Software License Agreement with Pryme Infil, LLC, the District Attorney’s Office cannot utilize the software to improve investigative team operations. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4352 Name: Status:Type:Consent Item Passed File created:In control:9/3/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Auditor-Controller, or designee, to make a payment of $248,188 to Summit Building Services, Inc., for custodial services provided at various Community Services Bureau facilities from July 1, 2023, to July 31, 2025, which exceeded the contract payment limit and were provided in good faith. (46% Federal, 54% State) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Payment for Services Provided by Summit Building Services, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Auditor-Controller, or designee, to make a payment of $248,188 to Summit Building Services, Inc., for custodial services provided at various Community Services Bureau facilities from July 1, 2023, to July 31, 2025, which exceeded the contract payment limit and were provided in good faith. FISCAL IMPACT: Approval of this action will result in a one-time expenditure in an amount not to exceed $248,881and will be funded by 46%, Federal, 54% State BACKGROUND: Summit Building Services, Inc. has been providing custodial services to various county-operated childcare sites for more than ten (10) years. These services were formerly provided through a contract agreement with the Public Works Department, which the Board approved on June 8, 2021 (C.82), for the period of May 1, 2021, to April 30, 2024, with a total payment limit of $7,500,000. The Employment and Human Services Department (EHSD) established a contract, approved by Board on August 8, 2023 (C.23), in the amount of $625,000 for the term of August 1, 2023, to July 31, 2024. On September 10, 2024, the Board authorized a contract extension (C.47) with Summit Building Services, Inc., to extend the term date from July 31, 2024, to July 31, 2025, with no change to the total payment limit of $625,000 for custodial services at the Community Services Bureau facilities. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4352,Version:1 In July 2025, EHSD received invoices for services provided between July 1, 2023, to July 31, 2025. These invoices included $49,041.99 for custodial services performed in July 2023 under the Public Works agreement for EHSD childcare sites. The remaining invoices amounted to $199,076 for services provided under EHSD’s contract through July 31, 2025, which exceeded the contract payment limit of $625,000. The Contractor is entitled to payment for the reasonable value of its 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 Contractor 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 $248,188 payable to Summit Building Services, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this payment is not approved, the Contractor will not be paid for services requested by County staff and provided by Contractor in good faith. CHILDREN’S IMPACT STATEMENT The services provided under this contract support three of Contra Costa County’s community outcomes: (1) "Children Ready for and Succeeding in School"; (3) "Families that are Economically Self-Sufficient"; and (4) "Families that are Safe, Stable and Nurturing". These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition and health services to low CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4353 Name: Status:Type:Consent Item Passed File created:In control:9/18/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment, with the Contra Costa Family Justice Alliance, to increase the payment limit by $169,277, to a new payment limit of $206,594 and extend the term from December 31, 2025 to September 30, 2027, to provide services to prevent elder abuse services under the Enhanced Training and Services of the End Abuse in Later Life Program from the Department of Justice Office on Violence Against Women. (100% Federal). Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:20-649-2 (Alliance) Contra Costa Family Justice Alliance Amendment ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment, effective September 1, 2025, with Contra Costa Family Justice Alliance, to provide services to prevent elder abuse services under the Enhanced Training and Services to increase the payment limit by $169,277, not to exceed $206,594 to End Abuse in Later Life Program from the Department of Justice Office on Violence Against Women and extend the term from December 31, 2025 to September 30, 2027. FISCAL IMPACT: 100% Federal; 40% budgeted in FY 25/26; 48% will be budgeted in FY 26/27; and 12% will be budgeted in FY 27/28. BACKGROUND: On June 4, 2024 (c.42), the Board of Supervisors authorized Employment and Human Services (EHSD) to apply for the Department of Justice (DOJ) grant under the Enhanced Training and Services to End Abuse Later in Life (EALL) Program. On September 23, 2024, the United States Department of Justice’s Office on Violence Against Women (OVW) awarded the County the Enhanced Training and Services to End Abuse in Later Life Program, grant award #15JOVW-24-GK-01585-ALLX. On November 5, 2024 (c.31), the Board of Supervisors CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4353,Version:1 approved and authorized EHSD to execute a revenue agreement to accept the funds from the DOJ. Training and Services to End Abuse in Later Life Program is authorized by 34 U.S.C. § 12421. The program's purpose is to increase and strengthen training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of abuse, neglect, exploitation, domestic violence, and sexual assault against older individuals; provide or enhance services for older victims; create or support multidisciplinary collaborative community responses to older victims; and conduct cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving older victims. The amendment to the contract with the Contra Costa Family Justice Alliance will add $169,277 of grant funds to support a multidisciplinary collaborative community response to abuse in later life through the training to law enforcement to improve identification of elder abuse and to provide direct services to victims of elder abuse in Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, the County will not be able meet grant deliverables nor provide services to prevent elder abuse in Contra Costa County. CHILDREN’S IMPACT STATEMENT: This Contract supports two (2) of the community outcomes established in the Children's Report Card: (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families,” by supporting staff working directly with families and children. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4354 Name: Status:Type:Consent Item Passed File created:In control:9/25/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Employment and Human Services Director a purchase order with authorized re-seller and service provider Impex Technologies, Inc. in an amount not to exceed $506,021 for the purchase of a Nutanix Hyperconverged server environment to add virtual server capacity, subject to Nutanix’s License and Services Agreement for the period October 1, 2025 through September 30, 2028. (54% Federal, 38% State, 8% County) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Purchase Order #20-716-1 (Admin-IT) Impex Tech- Nutanix Hyperconverged ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Employment and Human Services Director a purchase order with authorized re-seller and service provider Impex Technologies, Inc. in an amount not to exceed $506,021 for the purchase of a Nutanix Hyperconverged server environment to add virtual server capacity, subject to Nutanix’s License and Services Agreement for the period October 1, 2025 through September 30, 2028. FISCAL IMPACT: 54% Federal, 38% State, 8% County General Fund, all budgeted in FY25/26. BACKGROUND: The Employment and Human Services Department (EHSD) seeks to purchase Nutanix, a virtual server platform for hosting the EHSD server environment. EHSD needs additional virtual server capacity to continue its physical server to virtual server migration. EHSD’s existing infrastructure of virtual servers is quickly approaching the system’s capacity. Adding this additional capacity will enable EHSD to continue to develop its virtual server environment and bring additional technology to its staff. The Nutanix License and Services Agreement includes an indemnification provision from the County to Nutanix for damages related to any claim related to the negligence or willful misconduct of the County, as well as a limitation of liability that caps CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4354,Version:1 liability at the amount of fees paid in the 12 months prior to any claim arising for specified claims. This vendor was selected per procurement requirements outlined in Administrative Bulletin 600.3. CONSEQUENCE OF NEGATIVE ACTION: The County will be unable to enhance its service due to lack of virtual server capacity. CHILDREN'S IMPACT STATEMENT: This agreement/contract supports all five of the community outcomes established in the Children's Report Card: (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood";(3)"Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families,” by supporting staff working directly with families and children. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4355 Name: Status:Type:Consent Item Passed File created:In control:9/26/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Choice in Aging in an amount not to exceed $315,725 for the provision of capacity improving projects, including professional development and internal operation improvements, for the period July 1, 2025 through June 30, 2027. (100% Measure X) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:#40-572-0 Choice in Aging Measure X Capacity Building ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Choice in Aging in an amount not to exceed $315,725 for the provision of capacity improving projects, including professional development and internal operation improvements, for the period July 1, 2025 through June 30, 2027. FISCAL IMPACT: 100% County Measure X; 50% of which is budgeted for FY 25-26 and 50% will be budgeted for FY 26-27. BACKGROUND: Choice in Aging responded to RFP 1212, Organizational Capacity Building, and was awarded $315,725. This contract will support the Capacity Building projects with a payment limit not to exceed $315,725 for the period July 1, 2025 through June 30, 2027. Choice in Aging will use this funding to update and improve internal operations, provide strategic planning and provide professional development for staff. CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, Choice in Aging will not be able to build their capacity to service older adults and adults with disabilities in Contra Costa County. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4355,Version:1 CHILDREN'S IMPACT STATEMENT: This contract supports one of Contra Costa County’s community outcomes of the Children’s Report Card, (4) "Families that are Safe, Stable and Nurturing.” CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4356 Name: Status:Type:Consent Item Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board of Contra Costa County, to execute a contract with Food Bank of Contra Costa and Solano in an amount not to exceed $3,849,120 for the design, implementation and management of a comprehensive food security initiative for the period November 1, 2025 through October 31, 2028. (100% Measure X). Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:WDB - Contract 18-512-0 Food Bank of Contra Costa and Solano ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board of Contra Costa County, to execute a contract with Food Bank of Contra Costa and Solano in an amount not to exceed $3,849,120 for the design, implementation and management of comprehensive food security initiative for the period November 1, 2025 through October 31, 2028. FISCAL IMPACT: 100% County funded by Measure X of which 62% is budgeted in FY 2025-26, 19% will be budgeted in FY 2026-27, and 19% will be budgeted in FY 2027-28. BACKGROUND: On October 24, 2024, Request for Proposal (RFP) 1213 was published seeking bidders to design, implement and manage services aimed at increasing food security in Contra Costa County, to be funded by Measure X funds. Through the RFP process, the Food Bank of Contra Costa and Solano was selected to increase food distribution capacity while addressing identified needs related to access, impact, and sustainability highlighted during community listening sessions. This action is to approve a contract with the Food Bank of Contra Costa and Solano to use a coordinated network of food pantries, food distribution sites, mobile units, and emerging models such as refrigerated food lockers. In partnership with the Food Security Collaborative of Contra Costa County, the Food Bank of Contra CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4356,Version:1 Costa and Solano will create an Equity Map, a data visualization tool that overlays community need with existing food distribution to identify gaps. Food Bank of Contra Costa and Solano will increase food acquisition and storage capabilities and utilizing the Equity Map data, the Food Bank of Contra Costa and Solano will work with partner organizations to strengthen the food distribution system and endeavor to close the access gaps. Through their increased distribution capacity, the Food Bank of Contra Costa and Solano will deliver a variety of food with an emphasis on nutritious, culturally preferred, and medically appropriate foods that meet the diverse needs of Contra Costa County residents. CHILDREN'S IMPACT STATEMENT: This Contract supports all of Contra Costa County’s community outcomes of the Children’s Report Card: (1) “Children Ready for and Succeeding in School”; (2) “Children and Youth Healthy and Preparing for Productive Adulthood”; (3) “Families that are Economically Self-Sufficient”; (4)“Families that are Safe, Stable and Nurturing”; and (5) “Communities that are Safe and Provide a High Quality of Life for Children and Families.” CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, the County will not be able to address areas with higher rates of food insecurity under the Measure X grant partnership. The grant award could be rescinded, jeopardizing the services outlined in the Measure X: Food Security Initiative and placing program outcomes at risk. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4357 Name: Status:Type:Consent Item Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with The Regents of the University of California, for its Davis Center for Regional Change in an amount not to exceed $615,261 to implement a comprehensive evaluation for Contra Costa THRIVES Guaranteed Basic Income Program for the period October 1, 2025 through June 30, 2032. (75% Measure X, 25% AB 109) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:20-722-0 The Regents of the University of California -Contra Costa THRIVES Guaranteed Basic Income Program ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with The Regents of the University of California, for its Davis Center for Regional Change in an amount not to exceed $615,261 to implement a comprehensive evaluation for Contra Costa THRIVES Guaranteed Basic Income Program for the period October 1, 2025 through June 30, 2032. FISCAL IMPACT: 75% Measure X and 25% AB 109 funds budgeted in FY 25/26. $167,445: 75% Measure X and 25% AB 109 funds will be budgeted in FY 26/27. $75,391: 75% Measure X and 25% AB 109 funds will be budgeted in FY 27/28. $36,919: 75% Measure X and 25% AB 109 funds will be budgeted in FY 28/29. $35,746: 75% Measure X and 25% AB 109 funds will be budgeted in FY 29/30. $34,582: 75% Measure X and 25% AB 109 funds will be budgeted in FY 30/31. $75,441: 75% Measure X and 25% AB 109 funds will be budgeted in FY 31/32. BACKGROUND: On July 8, 2025, the Board of Supervisors approved D.1. approving the Contra Costa THRIVES Guaranteed Income Pilot Program for administration by the Employment and Human Services Department to serve 170 CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4357,Version:1 recipients over an 18-month period. The Regents of the University of California, Davis will be responsible for implementing a comprehensive evaluation of the Contra Costa THRIVES Guaranteed Basic Income (GBI) program. This includes developing data collection tools, coordinating survey administration, issuing incentives to treatment and control group members, and managing data collection timelines in alignment with the program’s implementation schedule. The Regents of the University of California, Davis will analyze quantitative data to assess program outcomes, including impacts on financial stability, housing security, and recidivism. Additionally, regular progress updates and a comprehensive final evaluation report that includes findings, lessons learned, and recommendations to inform future guaranteed income initiatives will be delivered. This agreement includes mutual indemnification to hold harmless both parties for any claims arising out of the performance under this agreement. CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, EHSD will lose the opportunity to carry out an independent, objective, and rigorous evaluation of the program’s outcomes. Without this evaluation, the County may be unable to clearly demonstrate the program’s impact on economic stability and other key measures. This could limit future funding opportunities, hinder efforts to replicate the program, and reduce stakeholder confidence in its effectiveness. CHILDREN’S IMPACT STATEMENT: This agreement supports four of the five Contra Costa County’s community outcomes of the Children’s Report Card, (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families”. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4358 Name: Status:Type:Consent Item Passed File created:In control:10/1/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with We Care Services for Children to increase the payment limit, by $56,228, to a new payment limit of $672,630 as a result of a rate increase for the Cost of Care Plus Program and a decrease in the number of California State Preschool Program Part-Day operational days with no change to the contract period July 1, 2024 through June 30, 2026. (100% State) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:#38-910-25 We Care Services for Children State Preschool Services Amendment ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with We Care Services for Children to increase the payment limit, effective July 1, 2025, by $56,228, to a new payment limit of $672,630 as a result of a rate increase for the Cost of Care Plus Program and a decrease in the number of California State Preschool Program Part-Day operational days with no change to the contract period July 1, 2024 through June 30, 2026. FISCAL IMPACT: 100% State funded (California Department of Education), of which $56,228 is budgeted in FY 25/26. BACKGROUND: Contra Costa County receives funds from California Department of Education (CDE) to provide State Preschool services to program eligible County residents. To provide a wider distribution of services to County residents, the County contracts with a number of community-based organizations. This contract with We Care Services for Children will provide childcare services for 24 children enrolled in the childcare program. This vendor was selected per procurement requirements outlined in Administrative Bulletin 600.3. On October 22, 2024 the Board of Supervisors approved Consent Item C.33 for the renewal of this contract in the amount of $616,402. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4358,Version:1 We Care Children Services reduced their days of operation from 196 days in FY24-25 to 189 for FY25-26. This reduction resulted in a reduction in their maximum reimbursable allowance of $280,348.99 to $270,336.53. On July 8, 2025, EHSD received official notification from the California Department of Education (CDE) stating that “Childcare centers not represented by Child Care Providers United (CCPU) or covered by the Memorandum of Understanding (MOU) would receive an updated Cost of Care Plus rate. According to Welfare and Intuitions Code (WIC) section 10277.2, as amended by Senate Bill (SB) 120, centers shall receive the increased Cost of Care Plus payment commencing July 1, 2025 and through June 30, 2026.” This action seeks to approve a contract amendment to reduce the operational days from 196 to 189 and increase the rate from $211 to $230 per child enrolled each month. The new total payment limit is $672,630 with no change to the contract term. CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, the County will be limited in offering childcare availability through partnership with community-based agencies. CHILDREN'S IMPACT STATEMENT: This contract supports 3 of Contra Costa County’s community outcomes of the Children’s Report Card”: (1) "Children Ready for and Succeeding in School"; (3) "Families that are Economically Self-Sufficient"; and (4) "Families that are Safe, Stable and Nurturing". CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4359 Name: Status:Type:Consent Item Passed File created:In control:10/1/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Richmond Elementary School dba Richmond College Prep School to increase the payment limit, by $121,440 to a new payment limit of $1,312,424 as a result of a rate increase for the Cost of Care Plus Program with no change to the contract period July 1, 2024, through June 30, 2026. (100% State) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:#38-486-31 Richmond Elementary School dba Richmond College Prep School Amendment ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Richmond Elementary School dba Richmond College Prep School to increase the payment limit, effective July 1, 2025, by $121,440 to a new payment limit of $1,312,424 as a result of a rate increase for the Cost of Care Plus Program with no change to the contract period July 1, 2024, through June 30, 2026. FISCAL IMPACT: 100% State funded (California Department of Education), of which $121,440 is budgeted in FY 25/26. BACKGROUND: Contra Costa County receives funds from California Department of Education (CDE) to provide State Preschool services to program eligible County residents. To provide a wider distribution of services to County residents, the County contracts with a number of community-based organizations. This contract with Richmond Elementary School will provide childcare services for 48 children enrolled in the childcare program. This vendor was selected per procurement requirements outlined in Administrative Bulletin 600.3. On October 22, 2024 the Board of Supervisors approved Consent Item C.34 for the renewal of this contract, in the amount of $1,190,983.20. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4359,Version:1 On July 8, 2025, EHSD received official notification from the California Department of Social Services (CDSS) stating that “Childcare centers not represented by Child Care Providers United (CCPU) or covered by the Memorandum of Understanding (MOU) would receive an updated Cost of Care Plus rate. According to Welfare and Intuitions Code (WIC) section 10277.2, as amended by Senate Bill (SB) 120, centers shall receive the increased Cost of Care Plus payment commencing July 1, 2025 and through June 30, 2026.” This action seeks to approve a contract amendment to increase the Cost of Care Plus rate from $211 to $230 per child enrolled each month. The new total payment limit is $1,312,423.20, with no change to the contract term. This contract contains an indemnification provision from the County to the State, which requires the County to indemnify, defend and hold harmless the State. CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, Contra Costa County will not be able to fund childcare slots for its community-based agency partner, Richmond Elementary School dba Richmond College Prep School. CHILDREN'S IMPACT STATEMENT: This contract supports one (1), three (3), and four (4) of Contra Costa County’s community outcomes of the Children’s Report Card”, (1) "Children Ready for and Succeeding in School"; (3) "Families that are Economically Self-Sufficient"; and (4) "Families that are Safe, Stable and Nurturing". CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4360 Name: Status:Type:Consent Item Passed File created:In control:10/3/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a revenue agreement with Meals on Wheels of Contra Costa, Inc., to accept funds up to $1,598,775 for the Employment and Human Services Department Area Agency on Aging Senior Nutrition Program for home delivered meals for older adults for the period August 1, 2025 through June 30, 2026. (100% Meals on Wheels of Contra Costa, Inc.) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:#40-567-1 Meals on Wheels of Contra Costa ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a revenue agreement with Meals on Wheels of Contra Costa, Inc., to accept funds up to $1,598,775 for the Employment and Human Services Department Area Agency on Aging Senior Nutrition Program for home delivered meals for older adults for the period August 1, 2025 through June 30, 2026. FISCAL IMPACT: 100% funded by Meals on Wheels of Contra Costa, Inc.; all of which is budgeted in FY 25-26. BACKGROUND: The Agency on Aging (AAA), a division of EHSD’s Aging & Adult Services Bureau, administers a senior nutrition program that provides home delivered and congregate meals for older adults. The AAA provides funding to community-based partners that assess clients, produce, and deliver meals. Meals on Wheels of Contra Costa, Inc. (MOWCC) is a nonprofit agency established in 1990 that raises funds to support the meal program. MOWCC has a long history of providing financial support to the program. On October 22, 2024, the Board of Supervisors approved Consent Item C.32 authorizing MOWCC to enter into a cooperative agreement with the AAA to provide funding directly to the AAA’s subcontractors. For fiscal year 25-26, MOWCC will provide the revenue directly to EHSD/AAA in order to contribute to the CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4360,Version:1 cost of the meals. MOWCC’s contribution of $1,598,775 will enable the purchase of 257,866 nutritious meals for home-bound seniors who are significantly limited in their ability to acquire meals on their own. CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, the County will not be able to provide meals to vulnerable older adults. CHILDREN’S IMPACT STATEMENT: This contract supports one of Contra Costa County’s community outcomes of the Children’s Report Card: (4) "Families that are Safe, Stable and Nurturing". CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4361 Name: Status:Type:Consent Item Passed File created:In control:8/27/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with 3 Prong, in an amount not to exceed $6,000,000 to provide behavioral telehealth, partial hospitalization program and intensive outpatient services to Contra Costa Health Plan members and County recipients for the period June 1, 2025 through May 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-381-2 with 3 Prong ☒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 #77-381-2 with 3 Prong,a corporation,in an amount not to exceed $6,000,000,to provide behavioral telehealth,partial hospitalization program (PHP)and intensive outpatient (IOP)services for Contra Costa Health Plan (CCHP) members and County recipients for the period June 1, 2025 through May 31, 2028. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $6,000,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II allocations. BACKGROUND: CCHP has an obligation to provide certain specialized behavioral telehealth,PHP and IOP program services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. These behavioral telehealth outpatient therapy,services may include,but are not limited to:electronic video and communication technologies to facilitate outpatient therapy services including diagnosis,consultation, treatment,education,and care management services for CCHP members.This Contractor has been part of the CCHP Provider Network providing these services and fostering a deep understanding of the CCHP organization, mission, values, and long-term objectives since June 1, 2022. 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 will cooperate with and participate 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 CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4361,Version:1 services and member experience.Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs.Per Administrative Bulletin 600.3, CCHP Physician services are exempt from solicitation requirements. On June 21,2022,the Board of Supervisors approved Contract #77-381 with 3 Prong (dba 3 Prong Health),in an amount not to exceed $600,000,for the provision of behavioral telehealth and utilization management for outpatient behavioral health program services for CCHP members,for the period June 1,2022 through May 31, 2025. On October 18,2022,the Board of Supervisors approved Contract Amendment #77-381-1 with 3 Prong (dba 3 Prong Health),effective October 1,2022 to increase the payment limit by $600,000 to a new payment limit of $1,200,000,to provide additional behavioral telehealth and Utilization Management for outpatient behavioral health program services including PHP and IOP for CCHP members with no change in the term. Approval of Contract #77-381-2 will allow the Contractor to provide behavioral telehealth,PHP and IOP services to CCHP members,for the period June 1,2025 through May 31,2028.This Contract is delayed due to the Division receiving documents late from the Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,certain specialized behavioral telehealth,PHP and IOP services for CCHP members under the terms of their Individual and Group Health Plan membership Contract with the County will not be provided. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4362 Name: Status:Type:Consent Item Passed File created:In control:9/23/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Community Violence Solutions, to pay County an amount not to exceed $332,139 to support victims of human trafficking and sexual assault by increasing the number of Sexual Assault Nurse Evaluators (SANE) certified healthcare providers who will provide Sexual Assault Forensic Exams for adults and children in Contra Costa County for the period October 1, 2024 through September 30, 2027. (No County match) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Agreement #78-089 with Community Violence 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 Agreement #78-089 with Community Violence Solutions (CVS), to pay the County an amount not to exceed $332,139, to support victims of human trafficking and sexual assault and by increasing the number of Sexual Assault Nurse Evaluators (SANE) certified healthcare providers who will provide Sexual Assault Forensic Exams (SAFE) for adults and children in Contra Costa County, for the period October 1, 2024 through September 30, 2027. FISCAL IMPACT: Approval of this Grant Agreement will result in payments to the County of up to $332,139 from Community Violence Solutions. No County match is required. BACKGROUND: In 2024, CVS was awarded a grant from the U.S. Department of Justice to support their work with sexual trauma victims through a multidisciplinary team approach. This grant enables Contra Costa Health to provide staffing and services for victims of human trafficking and sexual assault. Community Violence Solutions operates the Rape Crisis Center for Contra Costa County. This grant expands their capacity to provide SAFE for both adults and children by increasing the number and availability of SANE certified healthcare providers. This funding helps reduce the need for out-of-county referrals, supports enhanced training and clinical education, and improves access to post-assault care by integrating CVS victim advocates at the point of intake. Under Agreement #78-089 County will receive an amount up to $332,139 to support victims of human CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4362,Version:1 trafficking and sexual assault in Contra Costa County through September 30, 2027. This Agreement is late due to the County not receiving the agreement document until June 2025 from CVS. CONSEQUENCE OF NEGATIVE ACTION: If this Agreement is not approved, County will not receive funding to expand their capacity to provide SAFE for both adults and children by increasing the number, and availability, of SANE certified healthcare providers. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4363 Name: Status:Type:Consent Item Passed File created:In control:9/26/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Vapotherm, Inc., in an amount not to exceed $73,118 and related agreement for the purchase of High Velocity Therapy System 2.0, and repair and maintenance services for Contra Costa Regional Medical Center effective upon signature and for three years thereafter. (100% Hospital Enterprise Fund I) Attachments:1. VapoCare Service Agreement, 2. Capital Purchase Form Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Purchase Order with Vapotherm, 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, a one-time purchase order with Vapotherm, Inc. in an amount not to exceed $73,118 and a Service Plan Agreement for the purchase of High Velocity Therapy System 2.0 (HVT), and maintenance and repair services, effective upon signature and for three years thereafter for Contra Costa Regional Medical Center (CCRMC). FISCAL IMPACT: Approval of this action will result in a one-time expenditure of up to $73,118 and will be funded by Hospital Enterprise Fund I revenues. BACKGROUND: High Velocity Therapy System 2.0 is a respiratory support system developed by Vapotherm, Inc. that provides non-invasive ventilatory support using high-velocity nasal insufflation (HVNI) technology. This system delivers heated, humidified oxygen and air through a simple nasal cannula, offering a comfortable and effective alternative to traditional mask-based ventilation. One of its key features is its integrated air source, which eliminates the need for a wall air supply, making it portable and versatile for various clinical settings. The adjustable oxygen and flow settings allow precise control of oxygen concentration, ranging from 21% to 100%, and flow rates between 5 and 45 liters per minute measured under Body Temperature and Pressure, Saturated (BTPS) conditions, ensuring tailored treatment for each patient. Additionally, the rapid setup enables healthcare providers to initiate therapy within minutes, ensuring timely intervention for patients experiencing respiratory distress. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4363,Version:1 The current high-flow nasal cannula devices in use at CCRMC have reached the end of their lifecycle and require replacement. Given the critical role these devices play in providing life-saving respiratory support, particularly in intensive care settings, prompt replacement is essential. Acquiring updated units is necessary to ensure the continued delivery of safe, effective, and high-quality patient care. This purchase is governed by Vapotherm’s VapoCare Service Plan Agreement. Under this agreement, neither party shall be held liable for any special, consequential, incidental, indirect, punitive, or exemplary damages, including lost profits or costs related to procurement. Approval of this request will allow Vapotherm to proceed with the provision of upgraded high-flow nasal cannula units and ensure uninterrupted respiratory support for critical care patients at CCRMC. This purchase is being justified via sole source. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, CCRMC may face significant challenges in delivering critical respiratory support, potentially compromising patient safety and quality of care. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 100 Domain Drive, Exeter, NH 03833 Technical Service Phone: (855) 557-8276 Technical Service E-mail: TS@vtherm.com Version H Mask-Free NIV® VapoCare™ Service Plan Agreement Customer Name Effective Date Street Address PO# Service Contract # City, State, Zip No. of Enrolled Capital Units Total Service Fee This VapoCare Service Plan Agreement (this “Service Agreement”) is entered into as of the Effective Date set forth above (“Effective Date”) between Vapotherm, Inc. (“Vapotherm”) and the customer identified above (“Customer”). This Service Agreement sets for the terms and conditions of the VapoCare™ Service Plan to be provided under this Service Agreement (“VSP”). Section 1. Enrolled Capital Units. The Vapotherm Precision Flow® and/or HVT® 2.0 capital equipment units initially enrolled in the VSP are listed in Exhibit A (each an “Enrolled Capital Unit”). Section 2. Term. VSP coverage for an Enrolled Capital Unit extends from the Effective Date through three years after the Effective Date, in each case as indicated on Exhibit A (each a “Coverage Term”). This Service Agreement will terminate as of the end of the Term (the “Service Agreement Term”). Section 3. VapoCare Service Plan. Section 3.1. Service Initiation. If Customer experiences a problem with an Enrolled Capital Unit during the Enrolled Capital Unit’s Coverage Term, Customer may initiate a service request by contacting Vapotherm’s Technical Service department at (855) 557-8276 or ts@vtherm.com (as such contact information may be updated by written notice to Customer). If Vapotherm is unable to correct the problem over the phone, then Vapotherm will issue a returned goods authorization number, and Vapotherm will ship a comparable Precision Flow or HVT 2.0 unit (a “Replacement Unit”) to Customer within one business day, and Customer will send the problematic Enrolled Capital Unit to Vapotherm pursuant to Vapotherm’s instructions. If Customer does not return the problematic Enrolled Capital Unit to Vapotherm within thirty (30) days after receiving the Replacement Unit, Vapotherm will bill Customer and Customer agrees to pay the then fair market value of Replacement Unit. Section 3.2. Service and Repair. Upon receipt of the problematic Enrolled Capital Unit returned by the Customer, Vapotherm will permanently replace the returned Enrolled Capital Unit. In such event, (a) Customer hereby grants to Vapotherm title to the returned Enrolled Capital Unit, and Vapotherm grants to Customer title in the Replacement Unit, and (b) this Service Agreement will be deemed to be automatically amended to substitute the Replacement Unit for the returned Enrolled Capital Unit on Exhibit A. Notwithstanding anything to the contrary in this Service Agreement, Enrolled Capital Units that are not experiencing a service or repair issue are not eligible for the replacement services provided under the VSP. Section 3.3. Preventative Maintenance Kits. For enrolled Precision Flow capital equipment units, in addition to service and repairs, commencing on the Effective Date and on each anniversary of the Effective Date during the Coverage Term, Vapotherm shall provide Customer with a preventative maintenance kit (“PM Kit”), further defined below. The PM Kit to be provided shall alternate between the following PM Kits. The initial PM Kit, to be provided on the Effective Date, shall be PM Kit A. • VapoCare™ Preventative Maintenance Kit A contains: four (4) 5 Micron Filters and one (1) O2 Sensor , • VapoCare™ Preventative Maintenance Kit B contains: (4) 5 Micro Filters, one (1) O2 Sensor, and one (1) Battery Pack. Page 2 of 4 Section 4. Billing, Payment, Pricing. Upon Vapotherm’s receipt of this Service Agreement executed by Customer, and a corresponding purchase order, Vapotherm will bill Customer one third of the Total Service Fee set forth above. Before the first and second anniversaries of the Effective Date, Vapotherm will provide Customer an additional bill for the second and third installments, respectively, of the Total Service Fee. Each such bill shall be for an amount equal to one third of the Total Service Fee. Payment terms for each installment of the Total Service Fee are net 30 days from the date of invoice. Section 5. Shipping. Vapotherm will cover cost of shipping Enrolled Capital Units and Replacement Units to and from the Customer under this Service Agreement. Section 6. Discount Requirements. Customer acknowledges that any incentive, discount, rebate or reward offered under this Service Agreement constitutes a discount in price subject to 42 U.S.C. 1320a-7b. Customer agrees that it shall disclose any such discount on any cost reports submitted to any federal or state programs. Customer’s enrollment in the VSP is not in exchange for, or in connection with, the referral of any other business or arrangement with Vapotherm or any of its affiliates. Section 7. Warranty. Any repair services conducted by Vapotherm hereunder will be provided in a good and workmanlike manner and in accordance with reasonable standards of care. Any Replacement Unit provided hereunder will be provided with Vapotherm’s one-year standard manufacturer’s warranty as set forth in the applicable operator’s manual. EXCEPT AS SET FORTH IN THIS VAPOCARE SERVICE PROGRAM AGREEMENT OR IN THE APPLICABLE OPERATING INSTRUCTION MANUAL, VAPOTHERM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMMERCIAL UTILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Section 8. Limitations. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS SERVICE AGREEMENT FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This Service Agreement does not cover: (a) damage caused by misuse (including failure to adhere to the product’s Instructions for Use), neglect (including failure to perform preventive maintenance in accordance with Vapotherm’s instructions and specifications), accident or causes external to an Enrolled Capital Unit (including failure of or faulty electrical power); (b) any Enrolled Capital Unit on which the serial number or lot code has been removed or made illegible; (c) any Enrolled Capital Unit or part thereof that has been disassembled, serviced, reassembled or modified by anyone other than Vapotherm; (d) re-use of a product sold for single use; or (e) performance of preventive maintenance. Section 9. Assignment. Neither party may assign this Service Agreement nor any of its rights or obligations, without the prior written consent of the other party. Notwithstanding the foregoing, Vapotherm may assign this Service Agreement and any of its rights hereunder, and may delegate any obligation hereunder, without the written consent of Customer, to: (a) any affiliate of Vapotherm, (b) any purchaser of all or substantially all of the assets of Vapotherm or of the line of business to which this Service Agreement relates, or (c) any of Vapotherm’s lenders or other financing sources as collateral. Section 10. Entire Agreement. This Service Agreement constitutes the entire agreement between Vapotherm and Customer regarding the subject matter hereof and supersedes all previous agreements with respect thereto. Signatures on the following page Page 3 of 4 Duly executed as of the Effective Date: CUSTOMER NAME VAPOTHERM, INC. By: By: Name: Name: Title: Title: VAPOTHERM, INC. By: Name: Title: Page 4 of 4 Exhibit A: Enrolled Capital Units Pricing & Coverage $2,199.00 per/unit (<2 Years of Age) 3-Year Coverage (from Effective Date) Capital Unit Serial Numbers* Coverage Term End Date *An Enrolled Capital Unit must be less than two (2) years old from its manufacture date as of the Effective Date to eligible for the VapoCare Service Plan . Any unit listed above that does not meet such qualification as of the Effective Date will be deemed to be deleted from this Service Agreement. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4364 Name: Status:Type:Consent Item Passed File created:In control:9/26/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order amendment with Sanofi Pasteur Inc., to increase the payment limit by $150,000 to an amount not to exceed $725,000 for the purchase of vaccines and injectable medications at the Contra Costa Regional Medical Center and Contra Costa Health Centers with no change to the original term ending December 31, 2025. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Amendment to Purchase Order with Sanofi Pasteur 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 #31625 with Sanofi Pasteur Inc., to increase the payment limit by $150,000 to a new amount not to exceed $725,000 for the purchase of vaccines and injectable medications at Contra Costa Medical Center (CCRMC) and Contra Costa Health Centers, with no change in the term ending December 31, 2025. FISCAL IMPACT: Approval of this action will result in additional expenditures of up to $150,000 and will be funded by Hospital Enterprise Fund I revenues. BACKGROUND: Sanofi Pasteur Inc. furnishes pharmaceuticals for patient care provided in the hospital and clinics. These vaccines and other injectable medications are essential for patient care. Sanofi is the maker of critical injectables for the hospital including Insulin for Type I and Type II diabetic patients, vaccines, and different immune globulin formulations including Intravenous Immune Globulin (IVIG), a life-saving medication used to treat primary immunodeficiency to reduce the risk of infection in individuals with poorly functioning immune systems. IVIG is also used to increase platelets (blood clotting cells) in people with idiopathic thrombocytopenic purpura (ITP) and to prevent aneurysms caused by a weakening of the main artery in the heart associated with Kawasaki syndrome. The CCRMC Pharmacy purchased more flu vaccines for all Contra Costa Health Centers and hospital for the 2025-2026 flu season due to the fact that the State provided fewer State General Fund (SGF) flu vaccines CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4364,Version:1 compared to the previous year. Additionally a new vaccine, Beyfortus, was purchased starting 2024 for prevention of respiratory syncytial virus (RSV) infection in newborn babies. This vaccine was approved in 2024, and it was a new addition to Sanofi’s list of available vaccines and only available through the manufacturer, Sanofi. On December 17, 2024 the Board of Supervisors approved agenda item C.142 to execute a purchase order (#31625) with Sanofi Pasteur in an amount of $575,000.00 for vaccines and injectable medications for the period of January 1, 2025, through December 31, 2025. On October 1, 2025 the Purchasing Agent approved the continued use of Sanofi Pasteur Inc. Approval of this action will increase the payment limit on an existing purchase order and allow this vendor to continue providing vaccines and injectable medications to CCRMC and Health Centers through December 31, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, CCRMC will not be able to provide needed vaccines and other pharmaceutical products to our patient population. As part of our responsibility as a health care organization, we must provide needed vaccinations to our patient population in order to prevent disease, as well as prevent the spread of disease. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4365 Name: Status:Type:Consent Item Passed File created:In control:9/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Wider Circle, Inc., in an amount not to exceed $300,000 to provide enrollment services for the Contra Costa Health Plan Dual Eligible Special Needs Plan for the period October 1, 2025 through September 30, 2027. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Rescind Prior Board Action Pertaining to Contracted Services with Wider Circle, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RESCIND Board action of August 12,2025 (C.25),which pertained to a contract with Wider Circle,Inc.;and APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of County Contract #77-781 with Wider Circle,Inc.,a corporation,in an amount not to exceed $300,000,to provide enrollment services for a supplemental benefit managed care plan concerning a clinical and social needs program for the Contra Costa Health Plan (CCHP) for the period October 1, 2025 through September 30, 2027. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $300,000 over a two-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: Effective January 1,2026,CCHP will launch a Dual Eligible Special Needs Plan (D-SNP)for patients who qualify for both Medicare and Medi-Cal assistance.Part of administering a D-SNP requires CCHP to provide supplemental benefits.To ensure CCHP has a path to D-SNP enrollment,it needs service contracts that can meet these requirements and help facilitate enrollment.As such,CCHP is seeking knowledge of other Managed Care Plans with experience operating a successful D-SNP.If CCHP does not establish a mechanism for enrollment,it faces the possibility of zero D-SNP enrollment,which poses a serious financial and operational risk.Under this Contract,Wider Circle,Inc.will provide services to launch its Connect for Life Program for CCHP,helping CCHP minimize the impact of operational changes on its patients to ensure a healthy D-SNP population that has many social and clinical risks. A summary of service contract deliverables,including measurable outcomes required of the Contractor to be monitored by the department,including in compliance with Section III (B)(7)of the Purchasing Policy include CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4365,Version:1 monitored by the department,including in compliance with Section III (B)(7)of the Purchasing Policy include Contractor’s successful design,implementation,and delivery of the program and in compliance with the Health Information Portability and Accountability Act of 1996.This Contractor was approved by the Public Works Department’s Division on June 30,2025.This Contract request was approved by Contra Costa Health Personnel to ensure no conflict with labor relations. Approval of this new Contract #77-781 will allow the Contractor to provide enrollment services for a supplemental benefit managed care plan concerning a clinical and social needs program for CCHP’s D-SNP Program through September 30, 2027. This Board Order will rescind the prior action and allow the Department to correct the term to match the Contract for the period October 1, 2025 through September 30, 2027. CONSEQUENCE OF NEGATIVE ACTION: If this recommendation is not approved,the prior incorrect Board action will stand,and the department will not have Board authorization for the correct term which was agreed upon by both parties. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4366 Name: Status:Type:Consent Item Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Arati Pratap, M.D., in an amount not to exceed $580,000 to provide gastroenterology services at Contra Costa Regional Medical Center and Health Centers for the period November 1, 2025 through October 31, 2028. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #76-547-10 with Arati Pratap, M.D. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of County Contract #76-547-10 with Arati Pratap, M.D., an individual, in an amount not to exceed $580,000, to provide gastroenterology services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period November 1, 2025 through October 31, 2028. FISCAL IMPACT: Approval of this Contract will result in budgeted expenditures of up to $580,000 over a three-year period and will be funded as budgeted 100% by Hospital Enterprise Fund I revenues. BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers rely on Contractors to provide necessary gastroenterology specialty health services to their patients. These services may include: clinic coverage, consultation, training, medical and/or surgical procedures and on-call coverage. CCRMC has contracted with Dr. Pratap, to provide gastroenterology services since September 2016. 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. CCRMC’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. Per Administrative Bulletin 600.3 CCRMC, Physician services are exempt from Solicitation requirements. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4366,Version:1 On September 23, 2022, the Board of Supervisors approved Contract #76-547-7 with Arati Pratap, M.D., in an amount not to exceed $270,000, for the provision of gastroenterology services at CCRMC and Contra Costa Health Centers for the period from November 1, 2022 through October 31, 2025. On June 27, 2023, the Board of Supervisors approved Contract Amendment #76-547-9 with Arati Pratap, M.D., to increase the payment limit by $270,000 to a new payment limit of $540,000 with no change in term of November 1, 2022 through October 31, 2025. Approval of Contract #76-547-10 will allow the Contractor to continue to provide gastroenterology services through October 31, 2028. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, the necessary specialty gastroenterology services needed for patient care will not be available and may create increased wait times due to the limited number of specialty providers available within the community. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4367 Name: Status:Type:Consent Item Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase on behalf of the Health Services Director, up to 33 gift cards including shipping totaling an amount not to exceed $760 for clients participating in the Acute Communicable Disease Program for the period from October 1, 2025 through June 30, 2026. (100% Medi-Cal Waiver Program) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Gift Cards for Clients of the Acute Communicable Disease Program ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase on behalf of the Health Services Director, up to 33 Safeway gift cards each with a $20 value plus applicable shipping of up to $100 totaling an amount not to exceed $760 for clients of the Acute Communicable Disease program during the period from October 1, 2025 through June 30, 2026. FISCAL IMPACT: This $760 expenditure will be funded by the Medi-Cal Waiver Program (MCWP) for Fiscal Year 2025-26. There will be no impact to the County General Fund. BACKGROUND: Contra Costa Health’s (CCH) Public Health Division includes an Acute Communicable Disease program with the mission of preventing and reducing the spread of Communicable Diseases in the community via various strategies including incentives for testing. All gift cards will be distributed and tracked as required by the funding. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the successful prevention and reduction efforts of the Acute Communicable Disease program will be negatively affected. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4368 Name: Status:Type:Consent Item Passed File created:In control:10/1/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with People Who Care Children Association, in an amount not to exceed $425,379 to provide Mental Health Services Act prevention and early intervention services to at-risk youth in East Contra Costa County for the period July 1, 2025 through June 30, 2026. (100% Mental Health Services Act Prevention and Early Intervention) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #74-379-17 with People Who Care Children Association ☒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 #74-379-17 with People Who Care Children Association, a non-profit Corporation, in an amount not to exceed $425,379, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services to at-risk youth in East Contra Costa County, for the period July 1, 2025 through June 30, 2026. FISCAL IMPACT: Approval of this Contract will result in annual expenditures of up to $425,379 and will be funded as budgeted by the department in FY 2025-26, 100% by MHSA - PEI revenues. BACKGROUND: This Contract meets the social needs of County’s population by engaging at-risk youth in East Contra Costa County by providing green job industry work experience, financial literacy and vocational training for 200 multicultural youth residing in the Pittsburg/Bay Point, Antioch and surrounding communities. Contractor’s programs are aimed at increasing educational success among youth who are either at-risk or high-risk of dropping out of school or committing a repeat offense. People Who Care Children Association has been providing MHSA PEI services since July 1, 2009. This Contract is entered into under and subject to the following legal authorities: California Government Code §§ 26227 and 31000. Health Services Personnel approved this Contract to ensure no conflicts with labor relations. This Contract has direct impact on the health and safety of our community and was selected in collaboration with community stakeholder advisory bodies and was approved as part of the comprehensive Mental Health Services Act Three-Year Plan as required by State regulation. Providers interested in providing CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4368,Version:1 specialized services were invited proactively to participate in program development and offered the opportunity to submit interest at dozens of publicly noticed meetings. The services and vendors were identified in the formal Three-Year plan was approved on the following schedule that was noticed to the public and approved by the Board on August 1, 2023. The Three-Year Plan was posted for public comment from June 5, 2023 through July 5, 2023, there was a Public Hearing at the Mental Health Commission meeting on July 5, 2023, and it was approved by the Board of Supervisors on August 1, 2023. On August 13, 2024, the Board of Supervisors approved Contract #74-379-16 with People Who Care Children Association, in an amount not to exceed $405,123, for the provision of MHSA-PEI services for at-risk youth in East County for the period July 1, 2024 through June 30, 2025. Approval of Contract #74-379-17 will allow the Contractor to continue to provide MHSA-PEI services through June 30, 2026. This Contract is retroactive due to delays with finance approval. CONSEQUENCE OF NEGATIVE ACTION: If this MHSA PEI Contract is not approved, at risk youth from East Contra Costa County will have reduced access to job training and other programs, aimed at increasing educational success. CHILDREN’S IMPACT STATEMENT: This MHSA-PEI 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 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4369 Name: Status:Type:Consent Item Passed File created:In control:10/1/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Barsam Gharagozlou, MD, Inc., in an amount not to exceed $12,600,000 to provide pediatric primary care physician services for Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-171-3 with Barsam Gharagozlou, MD, 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 #77-171-3 with Barsam Gharagozlou, MD, Inc., a corporation, in an amount not to exceed $12,600,000, to provide pediatric primary care physician (PCP) services for Contra Costa Health Plan (CCHP) members and County recipients, for the period August 1, 2025 through July 31, 2028. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $12,600,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain PCP specialty services including pediatric primary care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This Contractor has been a part of the CCHP Provider Network providing these services and fostering a deep understanding of the CCHP organization’s mission, values, and long-term objectives since September 2018. 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 and participates in CCHP’s Quality Management Program which consists of quality improvement activities to improve the quality of care, services and member experience. Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs. Per Administrative Bulletin 600.3, CCHP Physician services are exempt from solicitation requirements. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4369,Version:1 On August 16, 2022, the Board of Supervisors approved Contract #77-171-2 with Barsam Gharagozlou, MD, Inc., in an amount not to exceed $3,000,000, for the provision of pediatric PCP services for CCHP members and County recipients for the period September 1, 2022 through August 31, 2025. Approval of Contract #77-171-3 will allow the Contractor to continue providing pediatric PCP services for CCHP members and County recipients through July 31, 2028. Contract delay was due to extended negotiation of Contract terms between Division and Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, certain pediatric PCP 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 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4370 Name: Status:Type:Consent Item Passed File created:In control:10/1/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Taraneh Mostaghasi, MD Inc., in an amount not to exceed $3,900,000 to provide pediatric primary care physician services for Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #27-812-7 with Taraneh Mostaghasi, MD 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 #27-812-7 with Taraneh Mostaghasi, MD Inc., a corporation, in an amount not to exceed $3,900,000, to provide pediatric primary care physician (PCP) services for Contra Costa Health Plan (CCHP) members and County recipients, for the period August 1, 2025 through July 31, 2028. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $3,900,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain PCP specialty services including pediatric primary care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This Contractor has been a part of the CCHP Provider Network providing these services and fostering a deep understanding of the CCHP organization’s mission, values, and long-term objectives since September 2010. 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 and participates in CCHP’s Quality Management Program which consists of quality improvement activities to improve the quality of care, services and member experience. Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs. Per Administrative Bulletin 600.3, CCHP Physician services are exempt from solicitation requirements. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4370,Version:1 On August 9, 2022, the Board of Supervisors approved Contract #27-812-6 with Taraneh Mostaghasi, MD Inc., in an amount not to exceed $3,300,000, for the provision of pediatric PCP services for CCHP members and County recipients for the period September 1, 2022 through August 31, 2025. Approval of Contract #27-812-7 will allow the Contractor to continue providing pediatric PCP services for CCHP members and County recipients through July 31, 2028. Contract delay was due to extended negotiation of Contract terms between Division and Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, certain pediatric PCP 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 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4371 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Andre Jackson (dba Jackson Medical Service Supplies & Equipment), in an amount not to exceed $300,000 to provide durable medical equipment services to Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-610-1 with Andre Jackson (dba Jackson Medical Service Supplies & Equipment) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract #77-610-1 with Andre Jackson (dba Jackson Medical Service Supplies &Equipment),a sole proprietor,in an amount not to exceed $300,000,to provide Durable Medical Equipment (DME)services to Contra Costa Health Plan (CCHP)members and County recipients for the period August 1,2025 through July 31, 2027. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $300,000 over a 2-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized DME health care services including all related equipment and medical supplies and services to CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County.This Contractor has been part of the CCHP Provider Network providing DME services fostering a deep understanding of the CCHP organizations,mission,values, and long-term objectives since August 1, 2023. This Contract is entered into under and subject to the following legal authorities:California Government Code §26227 and 31000;and health and Safe Code §1451.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor will cooperate with and participate 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.Per CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4371,Version:1 data and participation in the organization’s clinical and service measure Quality Improvement Programs.Per Administrative Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains a current qualified list of vendors at all times. In September 2023,the County Administrator approved and the Purchasing Services Manager executed Contract #77-610,with Andre Jackson (dba Jackson Medical Service Supplies &Equipment),in an amount not to exceed $200,000,for the provision of DME services for CCHP members for the period August 1,2023 through July 31, 2025. Approval of Contract #77-610-1 will allow the Contract to continue to provide DME services to CCHP members and County recipients through July 31,2027.This Contract is delayed due to the Division not receiving the required contract documents from the Contractor in a timely manner. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,certain specialized DME related services and supplies for CCHP members under the terms of their Individual and Group Health Plan membership contract with the County will not be provided and may cause a delay in services to CCHP members. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4372 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Millbrae Medical Supply, Inc., in an amount not to exceed $800,000 to provide durable medical equipment services to Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-604-1 with Millbrae Medical Supply, 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 #77-604-1 with Millbrae Medical Supply,Inc.,a corporation,in an amount not to exceed $800,000,to provide Durable Medical Equipment (DME)services to Contra Costa Health Plan (CCHP)members and County recipients for the period August 1, 2025 through July 31, 2027. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $800,000 over a two-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized DME health care services including all related equipment and medical supplies and services to CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County.This Contractor has been part of the CCHP Provider Network providing DME services fostering a deep understanding of the CCHP organizations,mission,values, and long-term objectives since August 1, 2023. This Contract is entered into under and subject to the following legal authorities:California Government Code §26227 and 31000;and health and Safe Code §1451.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor will cooperate with and participate 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.Per Administrative Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4372,Version:1 a current qualified list of vendors at all times. On June 13,2023,the Board of Supervisors approved Contract #77-604 with Millbrae Medical Supply,Inc.,in an amount not to exceed $250,000 to provide DME services to CCHP members and County recipients for the period August 1, 2023 through July 31, 2025. Approval of Contract #77-604-1 will allow the Contractor to continue to provide DME services to CCHP members and County recipients through July 31,2027.This Contract is delayed due to the Division not receiving the required Contract documents from the Contractor in a timely manner. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,certain DME services for CCHP members under the terms of their Individual and Group Health Plan membership contract with the County will not be provided. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4373 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Howard Orthopedics, Inc. in an amount not to exceed $300,000 to provide durable medical equipment services to Contra Costa Health Plan members and County recipients for the period August 1, 2025 through July 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-594-1 with Howard Orthopedics, 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 #77-594-1 with Howard Orthopedics,Inc.,a corporation,in an amount not to exceed $300,000,to provide Durable Medical Equipment (DME)services to Contra Costa Health Plan (CCHP)members and County recipients for the period August 1, 2025 through July 31, 2027. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $300,000 over a two-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized DME health care services including all related equipment and medical supplies and services to CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County.This Contractor has been part of the CCHP Provider Network providing DME services fostering a deep understanding of the CCHP organizations,mission,values, and long-term objectives since August 1, 2023. This Contract is entered into under and subject to the following legal authorities:California Government Code §26227 and 31000;and health and Safe Code §1451.Health Services Personnel approved this Contract to ensure no conflicts with labor relations.Contractor will cooperate with and participate 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.Per Administrative Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4373,Version:1 a current qualified list of vendors at all times. On May 23,2023 the Board of Supervisors approved of Contract #77-594 with Howard Orthopedics,Inc.in an amount not to exceed $300,000 to provide DME services to Contra Costa Health Plan members and county recipients for the period August 1, 2023 through July 31, 2025. Approval of Contract #77-594-1 will allow the Contractor to continue to provide DME to CCHP members and County recipients through July 31,2027.This Contract is delayed due to the Division not receiving the required contract documents from the Contractor in a timely manner. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,certain DME services for CCHP members under the terms of their Individual and Group Health Plan membership contract with the County will not be provided. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4374 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Cotiviti, Inc., in an amount not to exceed $3,000,000 to provide hosted software to analyze healthcare effectiveness and identify fraud, waste and abuse to the Contra Costa Health Plan for the period November 1, 2025 through October 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #27-791-14 with Cotiviti, 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 #27-791-14 with Cotiviti,Inc.,a corporation,in an amount not to exceed $3,000,000 to provide a hosted software solution for analyzing Healthcare Effectiveness Data and Information Sets (HEDIS)for fraud, waste and abuse for Contra Costa Health Plan (CCHP)for the period November 1,2025 through October 31, 2028. FISCAL IMPACT: This Contract will result in contractual service expenditures of up to $3,000,000 over a 3-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: This Contract meets the needs of the County’s population by providing data analysis software for HEDIS projects and reports to support State and contractual requirements for CCHP.Cotiviti,Inc.provides its licensed program,Quality Intelligence,used by CCHP to calculate and analyze HEDIS measures.CCHP began contracting for these services with this vendor in November 2009.HEDIS Measures &NCQA Accreditation certification is a requirement of the Department of Health Care Services (DHCS),for which CCHP is assessed. HEDIS is required for NCQA Accreditation and DHCS compliance.HEDIS scores are used to determine Plan assignment,and therefore impact capitation payments from the state.HEDIS will further be used for Quality Rate Factor payments in which capitation is not only based on monthly membership numbers but also HEDIS scores in comparison to other Plans.HEDIS is a heavily structured,highly audited process and calculations will not be accepted without the use of NCQA certified software to process the data.Under this Contract,Cotiviti provides the NCQA software to process the data. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4374,Version:1 CCHP is contractually and legally required to implement and maintain administrative and management arrangements or procedures,as well as a mandatory compliance plan,which are designed to guard against fraud and abuse.Among other things,CCHP is required to implement and maintain procedures that are designed to detect and prevent Fraud,Waste,and Abuse (FWA).Failure to meet these requirements would result in a breach of contract and a violation of the Knox Keene Act.Cotiviti serves the essential purpose of detecting and preventing FWA by analyzing claims information.They have the methodologies and procedures in place to take otherwise convoluted claims information and crosswalk it so that CCHP can make appropriate comparisons and sound conclusions regarding the presence of FWA.Failure to contract with a vendor for this purpose would mean that CCHP is no longer in compliance with the respective provisions. This Contract is entered into under and subject to the following legal authorities:California Government Code §§26227 and 31000;Health and Safety Code §1451.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 electronic claims processing services needed is complex and requires seamless coordination,integration and collaboration with existing programs and systems.This Contract has been posted for continuous solicitation with the County Public Works Department’s Purchasing Division.CCHP will monitor measurable service contract deliverables regarding its access to the software maintenance and support services in compliance with Section III(B)(7)of the Purchasing Policy.Health Services Personnel approved this contract renewal to ensure no conflict with labor relations. On November 1,2022,the Board of Supervisors approved Contract #27-791-11 with Cotiviti,Inc.,in an amount not to exceed $3,000,000,to provide a hosted solution for software services related HEDIS measures, data analysis related to fraud,waste and abuse and member outreach services for the period November 1,2022 through October 31, 2025. On December 12,2023,the Board of Supervisors approved Contract Amendment #27-791-12 with Cotiviti, Inc.,effective December 31,2023 to discontinue member outreach services,with no change in the payment limit of $3,000,000 or term ending October 31, 2025. Approval of this Contract #27-791-14 will allow the Contractor to continue to provide its hosted software solution,Quality Intelligence Application Service Provider (ASP),a HEDIS-licensed program and data analysis which aid in identifying fraud,waste,and abuse schemes affecting CCHP through October 31,2028.Under this Contract,Cotiviti’s liability,including its indemnity obligations,is limited to the amount paid by County under the Contract except for bodily injury,death,fraud or criminal acts by Cotiviti,which is not capped,and any claims that an unauthorized party accessed protected health information in the Cotiviti-hosted system,which is capped at $5,000,000. The Contract requires Cotiviti to maintain $5,000,000 in cyber-liability insurance. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,County will not have access to Contractor’s data analysis software solution,nor funds to reimburse providers per requirements from Department of Managed Healthcare (DMHC)and DHCS, which will negatively impact CCHP’s ability to operate and ultimately, patient care. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4375 Name: Status:Type:Consent Item Passed File created:In control:10/3/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Computacenter United States Inc. in an amount not to exceed $1,963,779 for VMware licenses for the period June 30, 2025, through June 29, 2028 and execute the related agreement with Broadcom Government Solutions LLC. (100% Hospital Enterprise Fund I) Attachments:1. Foundation Agreement Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Purchase Order with Computacenter United States 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, (1) a purchase order with Computacenter United States Inc. in an amount not to exceed $1,963,779 for VMware licenses for the period from June 30, 2025, through June 29, 2028 and (2) execute the Foundation Agreement with Broadcom Government Solutions LLC for virtual server licenses and support. FISCAL IMPACT: This action will result in expenditures of up to $1,963,779 over a three-year period and will be funded by Hospital Enterprise Fund I revenues. BACKGROUND: Contra Costa Health (CCH) has utilized VMware since 2016. Following Broadcom's acquisition of VMware, Computacenter United States Inc. continues to serve as one of its authorized partners. VMware is a leading platform for virtualization and cloud computing, enabling businesses to optimize their IT infrastructure. Its comprehensive suite of technologies supports server virtualization, multi-cloud management, security enhancements, and digital workspace solutions. On March 25, 2025, the Board of Supervisors approved agenda item C.78 to execute on behalf of the Chief Information Officer, a purchase order with Computacenter United States Inc. in an amount not to exceed $71,000 for a subscription agreement with CA/Broadcom for VMware licensing for the period of April 1, 2025, through March 31, 2028. On June 23, 2020, the Board of Supervisors approved agenda item C.65 to execute on behalf of the Health CONTRA COSTA COUNTY Printed on 1/27/2026Page 1 of 2 powered by Legistar™ File #:25-4375,Version:1 Services Director, a contract with Groupware Technology. Inc. in an amount not to exceed $1,999,950 for the purchase of VMWare software licenses and support for the period from June 30, 2020, through July 1, 2025. CCH IT Procurement received the renewal request on February 14, 2025. Processing was delayed due to the requirement of a formal bidding process. A Request for Proposal (RFP) was conducted to solicit bids for VMware licenses. After a thorough evaluation Computacenter United States Inc. was selected as the preferred vendor under #RFP_F-Contr-0000000055 and a Notice of Intent to Award was issued on May 9, 2025. Additional delays occurered due to extended negotiations regarding the governing agreement. IT Procurement is actively collaborating with the vendor and stakeholders to submit renewal requests at least 180 days in advance of expiration to prevent future delays. Under the Foundation Agreement, Broadcom Government Solutions LLC’s (Broadcom) liability is limited to the amount the County has paid Broadcom in the twelve months preceding the claim. Under the Foundation Agreement the County is obligated to indemnify Broadcom for bodily injury or death that arises out of County’s performance of the Agreement, and against any claim that any data, materials, items, or information supplied by County under the Agreement infringes any U.S. patent, copyright, or trademark. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this action may result in the loss of technical support, security updates, and software enhancements. Subscription-based services may be discontinued, that could also lead to service disruptions and constraints related to the department’s IT infrastructure. CONTRA COSTA COUNTY Printed on 1/27/2026Page 2 of 2 powered by Legistar™ Version Number: 05012025 Page 1 of 20 County 8-29-25 Copyright © 2024 Broadcom, where “Broadcom” means Broadcom Inc. and/or its subsidiaries. All Rights Reserved. Foundation Agreement 1. INTRODUCTION 1.1. This Foundation Agreement, dated September 16, 2025 (“Foundation Agreement”) between Broadcom Government Solutions LLC (“Broadcom”), and Contra Costa County, a political subdivision of the State of California (“Customer”). 1.2. With respect to the Broadcom Offering, additional terms shall be included in a Module, while terms specific to each individual order from Customer or Broadcom Partner shall be set forth in the Transaction Document(s) for such order. 1.3. This Foundation Agreement may incorporate any applicable Module referenced in the “Governing Contract” section of the applicable Transaction Document. 2. DEFINITIONS 2.1. “Agreement” means this Foundation Agreement, the applicable Module, the applicable Transaction Document, and any document incorporated expressly therein by reference. 2.2. “Affiliate” means any person or entity which directly or indirectly owns, controls, is controlled by, or is under common control with a party, where control is defined as owning or directing more than fifty percent (50%) of the voting equity securities or a similar ownership interest in the controlled entity. 2.3. “Broadcom Offering” means the individual offering (such as software, services, education, software as a service, or support) in the CA, Symantec, or VMware product families. 2.4. “Broadcom Partner” means a Broadcom authorized channel partner selected by the Customer. 2.5. “Broadcom Software” means the computer software programs in the CA, Symantec, or VMware product families made generally available and licensed to Customer under the applicable Module pursuant to the applicable Transaction Document. Broadcom Software may be provided individually or packaged as a software appliance and includes all versions and releases provided as part of Broadcom Maintenance, if applicable. 2.6. “Confidential Information” means any information, maintained in confidence by the disclosing Party, communicated in written or oral form, marked as proprietary, confidential, or otherwise so identified, or any information that by its form, nature, content, or mode of transmission would be deemed confidential or proprietary to a reasonable recipient, including, without limitation, Broadcom Offerings, Documentation, , and any benchmarking data or results. 2.7. “Documentation” means the technical product specifications or user manuals published by Broadcom or a Broadcom Affiliate. 2.8. “Module” means the additional terms and conditions applicable to a Broadcom Offering. If a Broadcom Offering includes both on-premises software and SaaS, then each applicable Module applies. Version Number: 05012025 Page 2 of 20 2.9. “Party” or “Parties” means individually and/or collectively Broadcom and/or the Customer. 2.10. “Personal Data” means any information relating to (i) an identified or identifiable person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable data protection laws), provided in connection with the Agreement. 2.11. “Taxes” means any applicable sales tax, value-added tax (VAT), goods and services tax (GST), consumption tax, ISS, PIS and COFINS or any other applicable taxes. 2.12. “Term” means the period during which the Broadcom Offering is provided as specified in the Transaction Document. 2.13. “Transaction Document”, “Order Form”, or “Order” means a mutually agreed ordering document such as a Broadcom (or authorized Broadcom reseller) quote, order form, or statement of work for the specific Broadcom Offering licensed or purchased. Either Transaction Documents are executed or, in the case of a quote and purchase order (“PO”), a PO referencing such quote is issued and that issuance constitutes acceptance of the quote and formation of contract. 3. ORDERING AND DELIVERY 3.1. Under the terms of this Agreement and subject to the terms of the applicable Module(s), Customer and any Customer Affiliate incorporated in the same jurisdiction as Customer, may purchase Broadcom Offerings directly from Broadcom or through a Broadcom Partner, and Broadcom shall provide the specific Broadcom Offering. All Customer Affiliates incorporated in a different jurisdiction than Customer, must sign a participation agreement with Broadcom to adopt and adhere to the terms of this Agreement. 3.2. The Broadcom Offerings, (and any hardware components if included within your Transaction Document), will be delivered either in tangible media FCA SD (FCA Shipping Dock), as defined in INCOTERMS 2020, from Broadcom’s shipping point as indicated in the Transaction Document or by electronic delivery (ESD). Customer agrees to be responsible for all customs, duties, import clearances, title, and risk of loss to any Broadcom hardware, if included, will pass upon point of delivery to Customer’s carrier at Broadcom’s shipping location. For non-US customers, title to the hardware product transfers when the product leaves the national territory of the US. 3.3. In the event of a payment or set off issue relating to one Broadcom Offering, such payment issue will not impact any other obligation to pay for any Broadcom Offering provided to Customer. 4. CONFIDENTIALITY 4.1. The Parties agree that, when receiving Confidential Information from the disclosing Party, the receiving Party shall hold it in confidence and shall not disclose nor use such information except as necessary to carry out the purpose of this Agreement. The receiving Party shall treat the disclosing Party’s Confidential Information confidentially and in the same manner as it treats its own proprietary and/or confidential information, which shall not be less than a reasonable standard of care. Confidential Information may be disclosed to receiving Party’s employees, affiliates, agents, financial advisors, contractors, and attorneys on a need-to know basis and the receiving Party shall ensure that such persons preserve and use such Confidential Information pursuant to the terms of the Agreement. 4.2. The receiving Party may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent that such disclosure is required under applicable law or court order, provided that the receiving Party shall, where reasonably possible, give the disclosing Party prompt and timely written notice of any such proceeding and shall offer reasonable cooperation in any effort of the disclosing Party to obtain a protective order. Version Number: 05012025 Page 3 of 20 4.3. For the purposes of the Agreement, Confidential Information excludes: (i) information which the receiving Party has been authorized in writing by the disclosing Party to disclose without restriction; (ii) information which was rightfully in the receiving Party’s possession or rightfully known to it prior to receipt of such information from the disclosing Party; (iii) information which was rightfully disclosed to the receiving Party by a third party having proper possession of such information, without restriction; (iv) information which is part of or enters the public domain without any breach of the obligations of confidentiality by the receiving Party; and (v) information which is independently developed by the receiving Party without use or reference to the disclosing Party’s Confidential Information. 4.4. Nothing in the Agreement will (i) preclude Broadcom from using the ideas, concepts and know- how which are developed in the course of providing any Broadcom Offerings to Customer or (ii) be deemed to limit Broadcom’s rights to provide similar Broadcom Offerings to other customers. Customer agrees that Broadcom may use any feedback provided by Customer related to any Broadcom Offering for any Broadcom business purpose, without requiring consent including reproduction and preparation of derivative works based upon such feedback, as well as distribution of such derivative works. 4.5. The receiving Party agrees, upon request of the disclosing Party, to return to the disclosing Party all Confidential Information in its possession or certify the destruction thereof. 4.6. In the event of a breach of this section 4, the disclosing Party may not have an adequate remedy at law. The Parties therefore agree that the disclosing Party may be entitled to seek the remedies of temporary and permanent injunction, specific performance, or any other form of equitable relief deemed appropriate by a court of competent jurisdiction. For any Confidential Information that constitutes a trade secret under applicable law, the obligations of this section will continue for so long as such trade secret status is maintained by the disclosing Party. For all other Confidential Information, the foregoing obligations shall extend for five (5) years from the date of initial disclosure. 5. FEES 5.1. To the extent permitted by law, Customer shall issue and provide Broadcom a purchase order (“PO”), or a series of POs, for the full term and total fees that are due contemporaneously with the execution of each Transaction Document. Broadcom, directly or through a Broadcom Partner, reserves the right to invoice Customer for any use of the Broadcom Offerings in excess of the Authorized Use Limitation at Broadcom’s then-current list price. 5.2. Unless an alternative date of payment is set out on the Transaction Document, payment is due upon the due date specified on the invoice. Customer agrees to pay Taxes in addition to the fees when such payments are due. Customer (a) may only withhold tax as required by law, subject to the application of any reduced rate allowed in an income tax treaty or otherwise, (b) shall request all documentation required for the reduction of withholding tax, and (c) shall provide proof of payment of the withholding tax for credit relative to the applicable invoice(s). 5.3. If indicated on the Transaction Document, Customer may pay any initial payment due to Broadcom on or before the due date (as stated in the applicable Transaction Document) through a same day fed wire. For other payments required of Customer due to Broadcom, Broadcom will send Customer an invoice containing updated wire transfer information at least thirty (30) days prior to each respective due date. Broadcom reserves the right to change credit or payment terms at Broadcom’s discretion if Customer’s or Broadcom Partner’s financial condition or previous payment history so warrant. 5.4. A Customer issued PO may be used to accept terms of a Transaction Document in place of a signature on the Transaction Document, provided that Customer references the Transaction Version Number: 05012025 Page 4 of 20 Document in the PO and includes the appropriate reference number, if applicable. 5.5. If a payment due date falls on a weekend or a holiday the payment shall be payable by Customer to Broadcom on the business day immediately prior to such date. 5.6. Failure to timely remit payment of all amounts set forth in a Transaction Document or under any other agreement with any Broadcom entity after written notice from Broadcom and a reasonable opportunity to remit such payment by Customer and to the full extent permitted by applicable law, shall (1) relieve Broadcom of any support obligations hereunder, and (2) suspend all Customer subscription use rights until payment is tendered at which time use rights and support shall recommence. Broadcom reserves the right to impose late fees as may be permitted by law on any past due amounts. 5.7. Broadcom may assign its payment rights in, or grant a security interest in, this Agreement and any associated Transaction Document to a third party without requiring such third party to be liable for the obligations of Broadcom under this Agreement or Transaction Document, provided that (1) Broadcom remains directly responsible for performance of its duties hereunder, and (2) Customer’s obligations are not otherwise affected. 5.8. In the event Customer orders a Broadcom Offering through a Broadcom Partner (or that partner’s resale channel), this Foundation Agreement, excluding all of Section 5 (except Section 5.6), shall apply to Customer. 6. TITLE 6.1. Broadcom retains all right, title, copyright, patent, trademark, trade secret and all other proprietary interests to all Broadcom Offerings and any derivatives thereof. No title, copyright, patent, trademark, trade secret or other right of intellectual property not expressly granted under the Agreement is exchanged between the Parties. 7. WARRANTY 7.1. Each Party represents and warrants that it has the legal power to enter into the Agreement. 7.2. Broadcom represents and warrants that it owns or otherwise has sufficient rights to grant Customer the rights defined in any Transaction Document and/or Module. 7.3. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR SELECTING CONFIGURATIONS, POLICIES, AND PROCEDURES IN THE BROADCOM OFFERING(S) THAT ARE CONFIGURABLE INCLUDING, WITHOUT LIMITATION, THE SELECTION OF FILTERED CATEGORIES AND WEB APPLICATION CONTROLS, AND FOR ASSURING THAT THE SELECTION (A) CONFORMS TO CUSTOMER’S POLICIES AND PROCEDURES AND (B) COMPLIES WITH ALL APPLICABLE LAWS. 7.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTIES AND THOSE SET FORTH WITHIN THE APPLICABLE TRANSACTION DOCUMENTS AND/OR MODULES ARE THE SOLE WARRANTIES PROVIDED BY BROADCOM. NO OTHER WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THAT THE BROADCOM OFFERING WILL OPERATE UNINTERRUPTED OR IS ERROR FREE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, RELATING TO THE BROADCOM OFFERINGS, ARE MADE BY BROADCOM OR ITS SUPPLIERS. 8. INDEMNIFICATION 8.1. Broadcom will indemnify, defend and/or, at its option, settle any third party claims that Customer’s use of the specific Broadcom Offering licensed or purchased by Customer under this Agreement infringes any valid US patent or copyright within the jurisdictions where Customer is Version Number: 05012025 Page 5 of 20 authorized to use the Broadcom Offering at the time of delivery provided that: (i) Customer gives Broadcom prompt written notice thereof and reasonable cooperation, information and assistance in connection therewith; (ii) Broadcom shall have sole control and authority with respect to defense or settlement thereof; and (iii) Customer takes no action that is contrary to Broadcom’s interest. Broadcom shall, at its option and expense: (a) procure for Customer the right to continue to use the Broadcom Offering; (b) repair, modify or replace the Broadcom Offering so that it is no longer infringing; or (c) provide a pro-rated refund of the fees paid for the Broadcom Offering (directly or through the Broadcom Partner) which gave rise to the indemnity calculated against the remainder of the Term from the date it is established that Broadcom is notified of the third party claim. If the Broadcom Offering is Broadcom Software, and is licensed on a perpetual basis, an amortization schedule of three (3) years shall be used for the basis of the refund calculation. 8.2. Broadcom shall have no liability: (i) in the event the allegation of infringement is a result of a modification of the Broadcom Offering except a modification by Broadcom, (ii) if the Broadcom Offering is not being used in accordance with Broadcom’s specifications, related documentation and guidelines, (iii) if the alleged infringement would be avoided or otherwise eliminated by the use of a Broadcom published update or patch, (iv) if the alleged infringement is a result of use of the Broadcom Offerings in combination with any third party product, (v) for any Deliverable provided by Broadcom in accordance with Customer’s specifications, (vi) for any claim relating to open source software or freeware technology that is not embedded by Broadcom into the Broadcom Offerings, (vii) for any Broadcom Offering provided on a no-charge, beta, or evaluation basis, or (viii) if the applicable fees due for the specific Transaction Document have not been paid or Customer is otherwise in breach of this Agreement. The indemnifications contained herein shall not apply and Broadcom shall have no liability in relation to any Broadcom Offering produced by Broadcom at the specific direction of Customer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING PROVISIONS STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF BROADCOM REGARDING CLAIMS OF INFRINGEMENT, AND THE EXCLUSIVE REMEDY AVAILABLE TO CUSTOMER WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. 8.3. Each Party shall indemnify the other against all damages, fees, (including reasonable attorney’s fees) fines, judgments, costs and expenses finally awarded as a result of a third party action alleging a bodily injury or death which arises under the Agreement, provided that such liabilities are the proximate result of gross negligence or intentional tortious conduct on the part of the indemnifying Party. 8.4. Customer shall indemnify Broadcom against any claim that any data, materials, items, or information supplied to Broadcom under the Agreement infringes any US patent, copyright, or trademark within the jurisdictions where Broadcom is provided with such information. 9. LIMITATION OF LIABILITY 9.1. DISCLAIMER. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFIT OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION UNDER ANY THEORY OF LIABILITY. 9.2. CAP ON MONETARY LIABILITY. IN NO EVENT WILL A PARTY’S LIABILITY FOR DIRECT DAMAGES EXCEED TWO TIMES THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE BROADCOM OFFERING THAT GAVE RISE TO THE CLAIM IN THE TWELVE MONTHS PRIOR TO THE DATE SUCH BREACH OCCURRED. BROADCOM’S AGGREGATE LIABILITY FOR AN EVALUATION LICENSE WILL NOT EXCEED $5,000 USD. Version Number: 05012025 Page 6 of 20 9.3. APPLICATION. THE LIMITATIONS OF LIABILITY IN SECTIONS 9.1 (DISCLAIMER) AND 9.2 (CAP ON MONETARY LIABILITY) WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY UNDER THIS AGREEMENT, EXTEND TO BROADCOM’S SUPPLIERS, AND WILL NOT APPLY TO: (A) EITHER PARTY’S BREACH OF CONFIDENTIALITY IN SECTION 4; (B) THIRD PARTY CLAIMS ARISING UNDER THE INDEMNIFICATION SECTION; OR (C) CUSTOMER’S BREACH OF TITLE IN SECTION 6. 10. TERM & TERMINATION 10.1. This Foundation Agreement shall continue in effect unless otherwise terminated in accordance with this section. 10.2. This Foundation Agreement, applicable Module(s), and the applicable Transaction Document may be terminated by either Party (a) upon a material breach by the other Party, provided that, in each instance of a claimed breach: (i) the non-breaching Party notifies the breaching Party in writing of such breach; and (ii) the breaching Party fails to cure such breach within thirty (30) days (or such other period as mutually agreed by the Parties) from receipt of such notice; (b) upon insolvency of the other Party, if permitted by law. The foregoing notwithstanding, any breach by Customer of licenses or rights granted pursuant to this Agreement will constitute an incurable material breach by Customer; and, Broadcom may immediately terminate all of Customer’s use rights and licenses, (subscription-based, perpetual, access, and use), upon written notice to Customer, and Customer must either: a) delete all full or partial copies of the Broadcom Software and SaaS instances from all computing or storage equipment and verify such deletion in a statement signed by a Vice-President or a duly authorized representative sent to usage.reporting@broadcom.com, or b) return to Broadcom all full or partial copies of the Broadcom Software. Such termination shall not relieve Customer from its obligations as set forth within the related Transaction Document. 10.3. Termination does not release either Party from any liability which, at the time of such termination, had already accrued to the other Party or which is attributable to a period prior to such termination, nor preclude either Party from pursuing any rights or remedies it may have under law or in equity with respect to any breach of this Foundation Agreement or the Agreement In the event of termination by Broadcom for an uncured material breach by Customer, all fees shall immediately become due and payable. 10.4. Customer may terminate any Order (direct or indirect) for Broadcom Offerings (but in all cases excluding any hardware offerings and associated support contracts therefor) between the parties so long as such Order is governed by these terms as of the date of termination, without cause and without further charge or expense at any time. Customer’s termination shall be effective immediately upon written notice to Broadcom sent to usage.reporting@broadcom.com On or after the termination date, with the exception of any Fully Paid-Up perpetual licenses (where the amount of “Fully Paid-Up” licenses will equal the total whole number of licenses earned prior to the termination and are assumed to be paid for equally over the initial term of the associated Support Services), Customer must either: a) delete all full or partial copies of the Broadcom Software from all computing or storage equipment, and verify such deletion in a statement signed by a Vice-President or a duly authorized representative and sent to usage.reporting@broadcom.com, or b) return to Broadcom all full or partial copies of the Broadcom Software. Version Number: 05012025 Page 7 of 20 Once Customer’s verification or the Broadcom Software copies are received, Broadcom will pay Customer, or Broadcom Partner, a pro-rata refund of any License, SaaS/Cloud Service, Support Services, or other fees Customer or Broadcom Partner pre-paid (“Refund Fees”) in accordance with the paragraph below. Refund Fees will be calculated on the number of days remaining in the term (which for the purposes of this calculation will be deemed to commence from the date Customer’s verification or the Broadcom Software copies are received) of the offering eligible for the refund. If the Broadcom Software is licensed as a perpetual license and the associated Support Services is in its initial term, Customer, or Broadcom Partner as appropriate, will receive a pro-rated refund of the cash consideration paid to Broadcom based on the initial payment schedule and shall be entitled to keep the whole number of perpetual licenses Fully Paid-Up through such date, absent language to the contrary in the applicable order. 10.5 Notwithstanding the foregoing paragraph, if an Order is terminated without cause, neither Party shall have further obligations under the Agreement with respect to such Order, except that the Parties shall remain bound by the obligations within the survival section of the Agreements. Refund Fees will be paid within sixty (60) days to Customer (or Broadcom Partner who will process the invoicing or reimbursement of fees to Customer as appropriate and under the commercial terms between the Broadcom Partner and Customer), from the date Customer’s verification or the Broadcom Software copies are received, and any unpaid fees reflecting the Broadcom Offerings delivered prior to the termination date shall become immediately due. 11. GOVERNING LAW AND DISPUTE RESOLUTION 11.1. Choice of Law; Venue. Depending on the Regional Broadcom Entity that is a Party to this Agreement, the exclusive governing law, and jurisdiction are as set forth below; except for any action related to non-payment, which may be brought in any court of competent jurisdiction: Regional Broadcom Entity Governing Law Jurisdiction VMware International Unlimited Company Ireland Courts located in Ireland CA Programas de Computador, Part e Serv Ltda. Brazil State Courts located in São Paulo, SP, Brazil Version Number: 05012025 Page 8 of 20 Broadcom Government Solutions LLC State of California State and/or Federal Courts located in Santa Clara County, California The Agreement will not be governed by the following, the application of which is hereby expressly excluded: (a) the conflict of law rules of any jurisdiction, (b) the United Nations Convention on Contracts for the International Sale of Goods, and (c) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction. The Parties further agree to accept service of process in accordance with the rules/procedures of the arbitral body or relevant court (as applicable), except that the Parties hereto irrevocably waive any objection that service of process must conform to the Hague Service Convention or other applicable law or treaty regarding service of process. 11.2. Dispute Resolution. Any dispute, claim or controversy arising out of relating to the Agreement (“Dispute”) shall be resolved as provided in this Section. 11.2.1. Informal Dispute Resolution. Save for Disputes relating to unpaid amounts, before initiating any formal proceeding relating to a Dispute, the Parties shall meet as frequently and as often as they reasonably deem necessary to negotiate in good faith to resolve the Dispute. If the Parties are unable to resolve the Dispute within thirty (30) days of initiating the discussions, then each Party shall appoint one (1) senior executive who is not directly involved on a day-to-day basis with the subject matter of the Agreement, and those senior executives shall negotiate the matter in good faith. A formal proceeding relating to a Dispute shall not be commenced until the earlier of: (i) the good faith determination by one of the appointed senior executives that resolution through continued negotiation of the matter does not appear likely; or (ii) thirty (30) days following the date that the Dispute was first referred to the appointed senior executives. Nothing in this paragraph shall be construed to prevent a Party from instituting formal proceedings to the extent necessary to avoid the expiration of any applicable limitations period or to pursue injunctive remedies deemed reasonably necessary to protect its interests. 11.3. In any formal action or proceeding arising from a Dispute or relating to non-payment, the prevailing Party shall be entitled to recover its costs and reasonable attorneys’ fees from the other Party. 12. GENERAL TERMS 12.1. Amendments. The terms of the Agreement may only be amended by mutual written agreement of the Parties. 12.2. Force Majeure. Except for obligations pertaining to non-disclosure, notwithstanding any contrary provision in the Agreement, neither Party will be liable for any action taken, or any failure to take any action required to be taken, in the event and to the extent that the taking of such action or such failure arises out of causes beyond a Party’s control, including, without limitation, war, civil commotion, act of God, pandemic, epidemic, strike or other stoppage (whether partial or total) of labor, any law, decree, regulation or order of any government or governmental body (including any court or tribunal). Version Number: 05012025 Page 9 of 20 12.3. Order of Precedence. Any conflict or inconsistency among or between the terms and conditions of the documents comprising the Agreement shall be resolved according to the following order of precedence, from the document with the greatest control to the least: (1) the Transaction Document; (2) Broadcom's global Data Processing Addendum (DPA) to the extent one is in place between the Parties, (3) the applicable Specific Program Documentation or SaaS Listing, (4) the relevant Module; (5) this Foundation Agreement. Notwithstanding this Order of Precedence, any terms that may appear on a Customer’s purchase order that vary from the Agreement (including without limitation pre-printed terms) shall be deemed null and void. 12.4. Independent Contractors. The Parties expressly agree that the relationship between them is that of customer-independent contractor. 12.5. Personal Data 12.5.1. Broadcom as Controller. Related to the provision of the Broadcom Offerings, Broadcom may process limited Personal Data as a controller in accordance with, and for the purposes defined in, Broadcom’s Privacy Notice available at https://www.broadcom.com/privacy (or successor URL) in compliance with applicable data protection laws. Those purposes include: (i) management of Customer relationship; (ii) sales administration; (iii) communications related to technical support, new versions or updates; (iv) marketing of Broadcom Offerings; (v) development of threat intelligence for the purposes of ensuring fraud prevention and network and information security; (vi) development and enhancement of the Broadcom Offerings; and (vii) compliance with applicable laws and regulations. 12.5.2. Broadcom as Processor. Where Broadcom processes Personal Data within Customer Data on behalf of Customer, Broadcom’s global Data Processing Addendum (DPA), located at https://www.broadcom.com/privacy (or successor URL), applies. If Customer procures the Broadcom Offering through a Broadcom Partner, the Broadcom Partner shall be responsible for entering into a relevant data processing agreement with Customer. 12.6. Assignment. Neither Party shall assign the Agreement or any of its rights or delegate any of its duties under the Agreement, either by operation of law, agreement, or any other process, without the prior written consent of the other Party, except that Broadcom shall have the right to assign the Agreement or any of its rights or delegate any of its duties under the Agreement at any time to any Broadcom Affiliate(s), or to a successor in interest of all or substantially all of the business to which the Agreement relates. Subject to the foregoing, the Agreement will be binding upon, enforceable by, and inure to the benefit of the parties and their respective successors and assigns, and Broadcom will provide Customer evidencing any such assignment. Any attempted assignment in violation of this section shall be null and void. 12.7. Import/Export. Customer acknowledges that the Broadcom Offering(s) is subject to import and export laws and regulation, including without limitation in the specific case of the U.S. the Export Administration Regulations, rules regulated by Office of Foreign Assets Control. Customer agrees that the Broadcom Offering(s) will not be exported, reexported or transferred in violation of export control laws or used for any purpose connected with chemical, biological or nuclear weapons or missile applications, nor be transferred or resold, if Customer has knowledge or reason to know that the Broadcom Offering(s) are intended or likely to be used for such purpose. Customer represents and warrants that: (a) Customer and any Authorized User, are not, and are not acting on behalf of: (1) any person who is a citizen, national, or resident of, or who is controlled by, the government of any country to which the United States has prohibited export Version Number: 05012025 Page 10 of 20 transactions; or (2) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List, or any similar applicable designated persons list. 12.8. Legal Compliance. Both Parties shall comply with applicable federal, state, local laws, regulations and ordinances, and all other applicable laws and regulations in the performance of this agreement and use of any Broadcom Offering. Broadcom may suspend performance if Customer is in violation of applicable laws, regulations, or ordinances or in the event of a security risk to a Broadcom Offering or its users. 12.9. Critical Applications. The Broadcom Offerings are not fault tolerant and use of the offerings is prohibited for on-line control equipment in hazardous environments requiring fail-safe performance, such as the operation of aircraft navigation or aircraft communications systems, air traffic control, life support systems, human implantation, nuclear facilities or systems, weapons systems, or any other application where failure of the offering could lead to death, personal injury, or severe physical or environmental damage. 12.10. Announcements. Neither Party may issue press releases relating to the Agreement without approving the content with the other Party. 12.11. Notice. Any notice required or permitted by the Agreement shall be given in writing, will refer to the Agreement and will be personally delivered or sent by a reputable overnight courier service (e.g., FedEx, UPS, DHL, etc.), electronic transmission (email or posting to a Broadcom customer portal) or registered or certified mail (return receipt requested) to the other Party’s legal department at the address set forth in the Agreement, or such other address as is provided by notice as set forth herein. Notices shall be deemed effective upon electronic confirmation; and if delivered via certified mail or overnight courier, notice shall be deemed effective upon confirmation of delivery. 12.12. Headings. The section headings used herein are for information purposes only and shall not affect the interpretation of any provision of this Agreement. 12.13. Validity. In the event any term or provision of the Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of the Agreement. 12.14. Third Parties. This Agreement shall not create any rights in favor of, or any obligations owed by, any third party unless otherwise expressly defined in any Module. The Parties agree that any action arising from this Agreement shall solely be brought by Customer or Broadcom. 12.15. Waiver. Waiver of a breach of the Agreement will not constitute a waiver of any later breach. 12.16. Survival. Sections pertaining to Dispute Resolution, Choice of Law, Confidentiality, Title, Warranty, Limitation of Liability, Termination, Reporting and Audit, and Import Export shall survive termination of this Foundation Agreement. 12.17. Entire Agreement. The Agreement and all documents incorporated by reference therein shall comprise the entire agreement as pertaining to the subject matter thereof and all other prior representations, proposals, and other such information exchanged by the Parties concerning the subject matter is superseded in their entirety by the Agreement. The parties hereto have entered into this Foundation Agreement as of the date first set forth above. Version Number: 05012025 Page 11 of 20 Broadcom Government Solutions LLC By: By: Name: Name: Title: Title: By: Name: Title: Version Number: 05012025 Page 12 of 20 Software Module 1. INTRODUCTION 1.1. This Module for Broadcom Software (“Software Module”) between the applicable Regional Broadcom Entity set forth in the referencing Transaction Document, a Broadcom Inc. company, (“Broadcom”), and Customer, (“Customer”), is effective on the date set forth in the referencing Transaction Document, and specifies the terms and conditions which apply to Broadcom Software that Broadcom will license to Customer and the Support that applies. 1.2. This Software Module incorporates by reference the terms of the Foundation Agreement effective on the date set forth in the referencing Transaction Document between Broadcom and Customer (or Broadcom Partner). Any capitalized terms used in this Software Module shall have the meanings given in the Foundation Agreement unless otherwise provided herein. 2. DEFINITIONS 2.1. “Authorized End Users” means Customer, Customer Affiliate(s) and their employees and independent contractors (but excluding any outsourcer, facilities management provider, managed service provider, or application service provider unless Customer explicitly takes full responsibility and liability for such party’s act and omissions) that are bound by terms and conditions no less restrictive than those contained herein and are acting on behalf of Customer and not a third party. 2.2. “Authorized Use Limitation” or “Meter” means the quantity of the Broadcom Software licensed in accordance with the License Metric specified in the Transaction Document. 2.3. “Distributed Software” means the Broadcom Software that is generally used for independent usage across individuals systems or hardware based on the License Metric in a decentralized form of computing. 2.4. “Hardware” means the Broadcom provided physical hardware device or server. 2.5. “License Metric” means the specific criteria for measuring the usage of the Broadcom Software (such as MIPS, CPUs, Cores, tiers, servers, or users). 2.6. “Mainframe Software” means Broadcom Software that is generally used for a large capacity processor that provides links to users through less powerful devices such as workstations or terminals based on the License Metric in a centralized form of computing. 2.7. “Perpetual License” means a license to use Broadcom Software for an indefinite period subject to compliance with the Agreement. 2.8. “Subscription” or “UMF” (Usage and Maintenance Fee) license means a license to use Broadcom Software for a specific period of time which shall include Support unless otherwise stated in a Transaction Document. 2.9. “Support” (which may also be referred to as “Maintenance”) means technical support for the Broadcom Software. Support may also contain “Content Updates” provided by Broadcom for use with the Software intended to be updated, including, but not limited to, data, signatures, definitions, rules, policies, and URLs used by the Broadcom Software, and may include content produced as a result of Customer’s use of the Broadcom Software. Version Number: 05012025 Page 13 of 20 2.10. “Territory” means the geographic region (Americas, EMEA, APAC) where Customer is authorized to install the Broadcom Software as indicated by the “Ship To” location in the Transaction Document, unless more broadly or narrowly granted in the Transaction Document. Americas is defined as the continents of North and South America. EMEA is defined as the continents of Europe (including the surrounding islands such as UK and Ireland) and Africa, and the Middle Eastern countries in the continent of Asia, south of, and including Turkey and west of Iran. APAC is defined as all countries not in Americas or EMEA geographic regions. 3. SOFTWARE OFFERING & OBLIGATIONS 3.1. Subject to the Customer’s compliance with the Agreement, Broadcom grants the Customer a limited, nonexclusive, non-transferable license in object code form, for the Term to: 3.1.1. Install and deploy the Broadcom Software in the Territory up to the Authorized Use Limitation. 3.1.2. Permit Authorized End Users to remotely use the Broadcom Software for Customer’s and Customer Affiliates’ internal business wherever located. Customer hereby expressly agrees that a breach by an Authorized End User of the Agreement shall be considered to be a breach by and the responsibility of the Customer. 3.1.3. Excluding Software in the VMware product family, make a reasonable number of copies of the Broadcom Distributed Software for disaster recovery “cold standby”, backup and archival purposes. Use of such copies is limited to testing Customer’s disaster recovery procedures and effectiveness and as is necessary during any reasonable period subsequent to the occurrence of an actual disaster during which Customer cannot operate the Broadcom Software. 3.1.4. Make a reasonably necessary number of copies of the Broadcom Mainframe Software for disaster recovery purposes and use of such copies at another machine(s), provided the use of such copies shall be limited to: (a) Conducting limited testing of the DR Plan’s procedures and effectiveness so long as z/OS is not actively running except during such testing and such testing shall not exceed ten consecutive days in duration and shall not occur more than three times per annum; and (b) The period subsequent to the occurrence of an actual disaster during which Customer cannot operate the Broadcom Mainframe Software in normal operations at a Customer Site and must invoke its DR Plan (as defined below). Customer represents it has a disaster recovery plan with respect to its sites and the Broadcom Mainframe Software (“DR Plan”). The rights provided in subsection (a) above are conditioned upon Customer providing, in writing, the machine-type, model and serial number, for each machine used for disaster recovery purposes. Customer agrees to inform Broadcom of all disaster recovery tests seven (7) days prior to the test occurrence. After a disaster recovery test period, Customer shall run the IBM SCRT for ISV Programs to report the usage of Broadcom Mainframe Software during the test and shall submit to Broadcom at https://scrt.broadcom.com/ no later than ten (10) days after the end of the calendar month in which the test occurred. Customer agrees to keep Broadcom informed, at Broadcom’s request, of the identity and address of any third party providing services in the testing or execution of Customer’s DR Version Number: 05012025 Page 14 of 20 Plan and Customer shall require any such third party to agree, in writing, to the confidentiality and restricted usage provisions contained in this Agreement and to furnish such further factual confirmations with respect to its disaster recovery procedures as Broadcom may reasonably request from time to time. In no event may any disaster recovery facility under the ownership, operation or control of any third party be deemed to be a Customer site hereunder nor shall any such third party be considered a third party beneficiary for the purposes of this Agreement. 3.1.5. Relocate Broadcom Software to a new Customer location within the Territory upon prior written notice. 3.2. The Broadcom Software may be provided under terms and conditions, use Meter(s) and model(s) set forth within Specific Program Documentation (“SPD”) identified in applicable Transaction Document(s). The Broadcom Software's specifications, product use rights and specified operating environment information may be found in the Documentation accompanying the Broadcom Software, if available (e.g., a user manual, user guide, or readme.txt or notice.txt file). The SPD and/or Product Use Rights form an integral part of applicable Transaction Document and are incorporated by reference. If the applicable version of the Software is not specifically listed within the applicable Transaction Document, the SPD and/or Product Use Rights for the most recent prior version shall apply. 3.3. The grant of license is contingent upon Customer’s compliance with the following obligations set out under this provision and Customer agrees that, except as expressly set forth in the Agreement or to the extent permitted by applicable law, it shall not: (i) make available, provide or sub-license the Broadcom Software or its results/outputs in any form other than to Authorized End Users, (ii) make any use of the Broadcom Software for which it has not paid, (iii) cause or permit de- compilation, reverse engineering, or otherwise translate or derive source code from all or any portion of the Broadcom Software; (iv) modify, unbundle, enhance or create derivative works of the Broadcom Software and/or Documentation; (v) rent, sell, lease, assign, or transfer the Broadcom Software or use the Broadcom Software to provide hosting, service bureau, on demand or outsourcing services for the benefit of a third party; (vi) remove any proprietary notices, labels, or marks on or in any copy or version of the Broadcom Software or Documentation; (vii) claim any rights in the Broadcom Software other than its right to use, (viii) export or use the Broadcom Software in violation of US or other applicable laws and regulations, or (ix) use the Broadcom Offerings for any prohibited end use, such as for nuclear technology applications, missile, or other military guidance systems and biological weaponry, or major radiation exposure field applications. Any right that is not granted to Customer under this Software Module, the Foundation Agreement or a Transaction Document is reserved to Broadcom. Customer may not use the Software in an electronic communications network that is used wholly or mainly for the provision of publicly available electronic communications services (“Public Network”) in a manner that violates the rights to privacy or freedom of expression as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards”), of any individual user who directly accesses the Internet or otherwise transmits data through a Public Network, provided the foregoing shall not limit use of the Software in a Public Network to restrict, monitor, collect or process data accessed or transmitted by individual users based upon exceptions to the rights of privacy or freedom of expression that are recognized by International Human Rights Standards. In order to better understand and meet its customers’ needs, Broadcom may collect, use, analyze and retain Customer’s metadata, system topography information, and/or operations data and, in a confidential and anonymous manner, Version Number: 05012025 Page 15 of 20 aggregate such data with similar usage data of other Broadcom customers. 3.4. Reporting and Audit. 3.4.1. Customer agrees to provide verified reports and records reasonably requested by Broadcom to verify Customer’s compliance with the Authorized Use Limitation and License Metric defined in the Transaction Document. These reporting and verification obligations remain in effect during the Term of the Broadcom Offering and for twelve (12) months thereafter. Customer agrees that, upon thirty (30) days’ prior written notice, Broadcom or an independent third party may audit Customer’s compliance with the Foundation Agreement, Software Module and the Transaction Document, remotely or at Customer’s facilities. Customer shall cooperate in good faith with such audit, which Broadcom agrees will be confidential, and commercially reasonable in nature and time. If Customer’s self-verification or Broadcom’s audit reveals any unpaid or unlicensed use, Broadcom shall provide written notification to Customer and within thirty (30) days of such written notification, Customer shall order at Broadcom’s then-current list price, a sufficient number of such Broadcom Offering(s) and any applicable Support to cover its past or current use in excess of the Authorized Use Limitation and License Metric. If an audit reveals an underpayment of ten percent (10%) or more of total fees owed for the review period, Customer will also reimburse Broadcom for its reasonable audit expenses. 3.4.2. For all Broadcom Mainframe Software, Customer shall additionally provide to Broadcom via upload to https://scrt.broadcom.com within ten (10) days after the end of each month the IBM SCRT product report for ISV programs for Customer’s z/OS mainframe machines, wherever located and whether owned or leased by Customer and any Affiliate or any outsourcing partner, including all disaster recovery machines. For Customers running Broadcom mainframe VSE products, Customer shall provide the ISV SCRT for z/VSE report annually on or before each anniversary date via upload to https://scrt.broadcom.com. For Customers running Broadcom Mainframe VM products, Customer shall provide a listing of the model, serial number and LPAR names of each CPU located at, or remotely accessing each Customer site to CA annually on or before each anniversary date via upload to https://scrt.broadcom.com. Customer shall retain all SMF type 70 and 89 records for twelve (12) months. These reporting and verification obligations remain in effect during the Term and three months thereafter, and upon request up to twelve (12) months thereafter. 3.4.3. Software from the VMware Cloud Foundation business unit (“VCF Software”) shall require, when explicitly noted in the applicable SPD, Customer to provide Broadcom with a regularly-scheduled verified report detailing Customer’s installed base and license compliance for such VCF Software using the format and process specified by Broadcom from time to time (“Compliance Report”). In order to fulfill such reporting requirements, Customer must ensure that the Compliance Report files generated by the applicable VCF Software are either transmitted by the software or uploaded by Customer on the schedule required in the SPD and in accordance with the product Documentation. The VCF Software Documentation and SPD set forth any impacts to the product functionality or other consequences of Customer’s failure to transmit or upload a timely, unaltered Compliance Report. Customer assumes any and all risks associated with the loss of any and all functionality and access to updates, upgrades and patches when caused by Customer’s failure to provide timely, unaltered Compliance Reports. Furthermore, Customer agrees that starting ten (10) business days from the date that a Compliance Report becomes overdue, Broadcom shall have the additional right to conduct a license compliance audit by giving Customer five (5) days’ prior written Version Number: 05012025 Page 16 of 20 notice. In the event of such audit, Customer shall promptly allow access to all systems and records necessary for a full and complete audit of Customer's use of the VCF Software, whether remotely or at Customer’s facilities, and Customer shall pay for all reasonable costs and expenses incurred by Broadcom in the enforcement and carrying out of this audit right. Customer understands and agrees that the submission of Compliance Reports and the cooperation with Broadcom’s audit rights are material provisions of this Agreement and that these reporting and audit rights are in addition to all other similar rights and remedies agreed to between the parties. 3.5. Customer may request licenses to the Software that may be used only to upgrade or replace hardware, change data centers, or upgrade to a newer version of the Software (“Migration Licenses”). Customer may only use Migration Licenses for the period granted by Broadcom. Migration Licenses to the Software are provided “AS IS” without indemnification, support, or warranty of any kind, express or implied. Broadcom’s aggregate liability (excluding indirect damages, for which Broadcom expressly disclaims all liability) for any claim arising from Customer’s use of the Migration Licenses will not exceed $5,000 USD. 3.6. If the Broadcom Software is provided to Customer for evaluation purposes Section 3.1 (License Grant) is replaced with the following: 3.6.1. Broadcom grants to Customer a non-exclusive, temporary, royalty-free, non-assignable license to use the Broadcom Software solely for internal non-production evaluation subject to the applicable SPD and/or Product Use Rights supplement. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period or (ii) sixty (60) days from the date of initial installation of the Broadcom Software, if no such evaluation period is pre-determined (“Evaluation Term”). Customer is solely responsible to take appropriate measures to back up its system and take other measures to prevent any loss of files or data. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Evaluation Term, Customer must cease use of the Broadcom Software and uninstall or destroy all copies of the software. Broadcom shall accept no liability for Customer’s use of the Broadcom Software for evaluation purposes. All other terms and conditions of this Agreement shall otherwise apply to Customer’s evaluation of the software. 3.6.2. THE SOFTWARE PROVIDED FOR EVALUATION MAY NOT BE TRANSFERRED AND IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ACCOMPANYING SOFTWARE DOCUMENTATION IS PROVIDED FOR THE PURPOSE OF DESCRIBING THE SOFTWARE; BROADCOM DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR OTHER BROADCOM COMMITMENTS, OBLIGATIONS, OR LIABILITIES, IN SUCH SOFTWARE. 4. SUPPORT OFFERING 4.1. If Support is purchased as set forth within a Transaction Document, Broadcom will provide Customer with purchased Support in accordance with the guidelines at: https://support.broadcom.com/web/ecx/support-content-notification/- /external/content/release-announcements/CA-Support-Policies/6933 (or successor URL). If a renewal fee for Maintenance is identified on a Transaction Document, then Broadcom may automatically invoice Customer for such renewal unless Broadcom receives not less than thirty (30) days written notice from Customer prior to the anniversary of the applicable Term that such Maintenance is not desired. 4.2. If Content Updates are included as part of Maintenance, Customer is granted the right to receive Version Number: 05012025 Page 17 of 20 and use Content Updates as and when they are made generally available, for the Maintenance term, and only for the quantity, indicated on the applicable Transaction Document(s). This Agreement does not otherwise give Customer the right to obtain or use Content Updates, and any unauthorized access to or use of Content Updates is deemed a breach of this Agreement. Upon expiration or termination of the Maintenance Term, Customer must uninstall any Software component that facilitates the receipt of Content Updates and use of Content Updates after expiration or termination of the Maintenance term is a material breach of this License Agreement. 4.3. Software Updates/Upgrades, as provided pursuant to guidelines, may only be obtained for the Authorized Use Limitation or quantity indicated in the applicable Transaction Document. Any Software Updates/Upgrades to an existing license do not modify or alter Customer’s Authorized Use Limitation or quantity. If Customer is permitted to transfer its licenses to a different Broadcom Software title, then Customer may receive a new Transaction Document on the condition that Customer cease using the replaced Broadcom Software prior to use of such replacement Broadcom Software. Software Updates/Upgrades are subject to the then-current version of this agreement. 5. THIRD PARTY TERMS 5.1. In the event that the Broadcom Software contains third-party software components, additional terms, notices and/or information that may be applicable to such third-party software components may be found in the Documentation accompanying the Broadcom Software (e.g., a user manual, user guide, or readme.txt or notice.txt file), and/or at legaldocs.broadcom.com (or successor URL). 6. SOFTWARE PERFORMANCE WARRANTY 6.1. Broadcom warrants that the Broadcom Software as defined in the Transaction Document will operate materially in accordance with the applicable specifications set forth within the Documentation for a period of ninety (90) days after delivery of the Broadcom Software subject to Customer’s compliance with the Agreement. 7. SOFTWARE PERFORMANCE WARRANTY REMEDY 7.1. If Broadcom has breached either warranty set forth in the section entitled: Performance Warranty, Customer’s remedy is for Broadcom to, in consultation with Customer, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the Broadcom Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a prorata refund of the license fees paid and or Support fees. To Customer or Broadcom Partner (wherefrom the non-compliant Broadcom Offering was procured). If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Transaction Document or if the Broadcom Software is licensed under Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years. The above warranty remedies are Broadcom’s sole obligation and Customer’s sole and exclusive remedy for the breach of the above warranty. 7.2. Warranty remedies are conditioned upon (i) any error or defect reported is reasonably reproducible by Broadcom, (ii) the Broadcom Software is not modified and is being used in accordance with Broadcom Documentation, and (iii) the breach is not attributable in whole or in part to any non-Broadcom product(s) or service(s). 8. HARDWARE OFFERING AND OBLIGATIONS 8.1. The Hardware provided to Customer pursuant to a Transaction Document is to be used only with the Broadcom Software that is pre-installed or delivered for installation. Subject to Customer’s compliance with this Agreement, Broadcom permits Customer to use the Hardware solely with Version Number: 05012025 Page 18 of 20 the Broadcom Software preinstalled or delivered for installation in support of Customer’s internal business operations. 8.2. Certain Hardware requires Customer to register a service tag prior to use in the location Customer intends to use the Hardware (“Geographic Use Location”). In the event Customer wishes to change Customer’s Geographic Use Location, Customer may do so at no additional cost but must contact Broadcom support to re-register the Hardware tag. Any change to the Geographic Use Location and/or any service request that requires Broadcom to obtain additional information and/or validate information to acknowledge and approve warranty service entitlements may result in a delay in providing warranty service entitlements. 8.3. Broadcom will provide a replacement unit for any Hardware that fails to operate in accordance to published configuration and technical specifications within the first three (3) business days after installation, provided that such installation must be completed within thirty (30) days from the date of shipment. Failure to operate does not include cosmetic or other defects that do not directly affect the Hardware’s performance. Units which fail to operate must be identified as such by either a Broadcom technical support engineer or an authorized Broadcom representative. A new, like-model replacement unit will be shipped using commercially reasonable means to ship the replacement Hardware. Broadcom will aim to ship within five (5) business days from receipt of notification of product failure, subject to product availability. Delivery is dependent on destination and may be impacted by delays in customs that are beyond the control of Broadcom or its carriers. Customer is responsible for reading and complying with the return instructions included with the replacement Hardware. Broadcom shall not be responsible for any software, firmware, information or data provided by Customer or a third party that is contained in, stored on, or integrated with, any hardware component returned to Broadcom for repair or replacement, whether or not under warranty. 8.4. If Hardware is provided to Customer for evaluation, Customer will: (i) safeguard and protect the Hardware, (ii) not loan the Hardware to a third-party, (iii) not allow any lien to be imposed upon the Hardware, and (iv) be responsible for any damage to the Hardware beyond normal wear, including replacement cost if the Hardware is stolen or lost. 9. HARDWARE PERFORMANCE WARRANTY 9.1. Broadcom warrants that the Hardware shall be substantially free from material defects in material and workmanship under normal authorized use and service and will substantially conform to the written documentation accompanying the Hardware for twelve (12) months from date of shipment (the “Hardware Warranty Period”). Any third party hardware that is (a) not manufactured by Broadcom; (b) not embedded within the Broadcom Offerings manufactured by Broadcom; or (c) identified as separate items on Broadcom’s price list or quotes shall be subject exclusively to the manufacturer’s warranty for such third party hardware. 10. HARDWARE PERFORMANCE WARRANTY REMEDY 10.1. Upon confirmation of a defect or failure of a Hardware, or component and depending on the then-current Geographic Use Location of the Hardware, Customer’s sole and exclusive remedy for defective Hardware, or component thereof, if notified within the Hardware Warranty Period, shall be for Broadcom to arrange for, at its sole option and discretion, to: (i) repair or replace the defective Hardware, or component thereof, with either a new or refurbished replacement Hardware, or component, as applicable; (ii) provide onsite repair services for any defective Hardware, or component; or (iii) repair or replace any defective Hardware returned to Broadcom through Broadcom’s Returned Merchandise Authorization Services process for Hardware. The instructions on how to submit a request are detailed at https://support.broadcom.com/web/ecx/support-content-notification/- Version Number: 05012025 Page 19 of 20 /external/content/release-announcements/CA-Support-Policies/6933, (or successor URL). Any repaired parts or components or replacement parts or components provided by Broadcom pursuant to any Hardware warranty service shall be warranted only for ninety (90) days, provided, however, that Customer’s warranty for such part or component may become void due to improper installation or other damage to such parts or components. Customer must remove all data from Hardware before returning it to Broadcom. All defective Hardware, or any component thereof, which has been replaced, shall become the property of Broadcom. All defective Hardware, or any component thereof, which has been repaired, shall remain Customer’s property. THE FOREGOING IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND BROADCOM’S SOLE AND EXCLUSIVE LIABILITY FOR BROADCOM’S BREACH OF THIS LIMITED WARRANTY. Version Number: 05012025 Page 20 of 20 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4376 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Lifelong Medical Care, in an amount not to exceed $5,000,000 to provide primary care physician services including urgent care, acupuncture and specialty medical services for Contra Costa Health Plan members and County recipients for the period July 1, 2025 through June 30, 2026. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #27-169-24 with Lifelong Medical Care ☒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 #27-169-24 with Lifelong Medical Care, a non-profit corporation, in an amount not to exceed $5,000,000, to provide primary care physician (PCP) services including urgent care, acupuncture and other specialty medical services for Contra Costa Health Plan (CCHP) members and county recipients for the period July 1, 2025 through June 30, 2026. FISCAL IMPACT: Approval of this Contract will result in annual expenditures of up to $5,000,000 and will be funded as budgeted 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain PCP services including urgent care, acupuncture, and specialty medical health care services, for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This Contractor is a Federally Qualified Health Center (FQHC) facility and has been a part of the CCHP Provider Network providing these PCP and specialty medical services while fostering a deep understanding of the CCHP organization’s mission, values, and long-term objectives since February 1997. 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 and participates in CCHP’s Quality Management Program which consists of quality improvement activities to improve the quality of care, services CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4376,Version:1 and member experience. Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs. Per Administrative Bulletin 600.3 CCHP Physician services are exempt from solicitation requirements. On June 25, 2024, the Board of Supervisors approved Contract #27-169-22 with Lifelong Medical Care, in an amount not to exceed $4,200,000, for the provision of PCP services including urgent care, acupuncture and specialty medical services for CCHP members and County recipients for the period July 1, 2024 through June 30, 2025. On February 7, 2025, the Board of Supervisors approved Contract Amendment #27-169-23 with Lifelong Medical Care, effective July 1, 2024, to include a value-based payment incentive (Pay for Performance incentive), with no change in the payment limit of $4,200,000 and no change in the term. Approval of Contract #27-169-24 will allow the Contractor to continue providing PCP services including urgent care, acupuncture and specialty medical services for CCHP members and County recipients through June 30, 2026. Contract delay was due to extended negotiations of Contract terms between Division and Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, certain PCP services including urgent care, acupuncture and specialty medical services for CCHP members under the terms of their Individual and Group Health Plan membership Contract with the County will not be provided and such services may be delayed. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4377 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Denis Mahar, PC, Professional Corporation, in an amount not to exceed $2,430,000 to provide cardiology services for Contra Costa Regional Medical Center and Health Centers for the period October 1, 2025 through September 30, 2028. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #26-752-9 with Denis Mahar, PC, Professional Corporation ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of County Contract #26-752-9,with Denis Mahar,PC,Professional Corporation,a corporation,in an amount not to exceed $2,430,000,to provide cardiology services at Contra Costa Regional Medical Center (CCRMC)and Contra Costa Health Centers for the period October 1, 2025 through September 30, 2028. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $2,430,000 over a 3-year period and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: Due to the limited number of specialty providers available within the community,CCRMC and Contra Costa Health Centers rely on contractors to provide necessary specialty health services to their patients.Contractor’s cardiology services will include clinic coverage,on-call services,medical and surgical procedures.The County has been contracting with the Contractor since October 2013 to provide cardiology services. This Contract is entered into under and subject to the following legal authorities:California Government Code §§26227 and 31000;Health and Safety Code §1451.This Contract was approved by Health Services Personnel to ensure there is no conflict with labor relations.CCRMC’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.Per Administrative Bulletin 600.3 the Contractor provides physician services and is exempt from solicitation requirements. On September 13,2022,the Board of Supervisors approved Contract #26-752-6 with Denis Mahar,M.D,in an CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4377,Version:1 On September 13,2022,the Board of Supervisors approved Contract #26-752-6 with Denis Mahar,M.D,in an amount not to exceed $1,946,000,to provide cardiology services at CCRMC and Contra Costa Health Centers, for the period from October 1, 2022 through September 30, 2025. On September 12,2023,the Board of Supervisors approved Contract Amendment #26-752-7 with Denis Mahar,M.D,effective September 1,2023,to increase the payment limit by $214,000 to a new payment limit of $2,160,000, for additional cardiology services with no change in the term ending September 30, 2025. Approval of Contract #26-752-9 will allow the Contractor to provide cardiology services through September 30, 2028. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,the necessary specialty cardiology services needed for patient care will not be available or will create increased wait times due to the limited number of specialty providers available within the community. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4378 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Neogenomics Laboratories, Inc., in an amount not to exceed $650,000 to provide outside laboratory testing services for Contra Costa Regional Medical Center and Health Centers for the period September 1, 2025 through August 31, 2028. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #76-558-8 with Neogenomics Laboratories, 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 #76-558-8 with Neogenomics Laboratories,Inc.,a corporation,in an amount not to exceed $650,000, to provide outside laboratory testing services for Contra Costa Regional Medical Center (CCRMC)and Contra Costa Health Centers for the period September 1, 2025 through August 31, 2028. FISCAL IMPACT: This Contract will result in contractual service expenditures of up to $650,000 over a three-year period and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: This Contract meets the social needs of County’s population by providing outside clinical laboratory testing services that require special equipment which CCRMC and Contra Costa Health Centers do not have onsite. This Contractor has been providing outside laboratory testing services to CCRMC and Contra Costa Health Centers since September 1, 2016. This Contract is entered into under and subject to the following legal authorities:California Government Code §§26227 and 31000.CCRMC’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.Per Administrative Bulletin 600.3, the contracted services are exempt from solicitation requirements. On August 16,2022,the Board of Supervisors approved Contract #76-558-5 with Neogenomics Laboratories, Inc.,in an amount not to exceed $250,000,to provide outside laboratory testing services including renal CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4378,Version:1 Inc.,in an amount not to exceed $250,000,to provide outside laboratory testing services including renal biopsies and various histology tests not provided at CCRMC and Contra Costa Health Centers for the period September 1, 2022 through August 31, 2025. On September 24,2024,the Board of Supervisors approved Contract Amendment #76-558-7 with Neogenomics Laboratories,Inc.,effective September 1,2024,to increase the payment limit by $400,000,to a new payment limit of $650,00,to provide additional outside laboratory testing services with no change in the term ending August 31, 2025. Approval of Contract #76-558-8 will allow the Contractor to continue providing outside laboratory testing services for CCRMC and Contra Costa Health Centers through August 31,2028.The delay of this Contract was due to ongoing negotiations between the Division and the Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,County will not be able to continue receiving outside laboratory testing services at CCRMC and Contra Costa Health Centers from this Contractor, which are needed for patient care. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4379 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE a form Information Security Agreement and AUTHORIZE the Health Services Director, or designee, to execute the form agreement with healthcare information technology vendors so the vendor can disclose sensitive software system security information to the Health Services Department Chief Information Officer in advance of contracting with the County. (No fiscal impact) Attachments:1. Information Security Agreement Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Information Security Agreement with Healthcare Information Technology Vendors ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE a form Information Security Agreement and AUTHORIZE the Health Services Director, or designee, to execute the form agreement with healthcare information technology vendors so the vendor can disclose sensitive software system security information to the Health Services Department Chief Information Officer in advance of contracting with the County. FISCAL IMPACT: There is no fical impact for this action. BACKGROUND: Prior to contracting with a vendor, the Department requests different types of information security reports from the vendor in order for the Department to determine if a vendor’s information security systems and processes meet the Department’s data security standards. Examples of these reports include SOC2 (Service Organization Control) Type 2 reports, independent auditor system penetration tests, ISO (Internation Organization for Standardization) 27001 reports, and NIST (National Institute of Standards and Technology) tests. The Department then reviews these reports against established criteria. A vendor’s information security reports reflect the proprietary method created by the vendor to protect data that it processes for its customers, and which processes and systems the vendors treat as a trade secret. As a result, vendors do not want to disclose the security reports to the Department in connection with an Request For Proposal (RFP) response or a sole source selection and in advance of entering into a contract that includes provisions to protect the confidentiality of the security reports. The Department needs a mechanism that will allow these healthcare information technology vendors to disclose the information security reports to the CONTRA COSTA COUNTY Printed on 1/27/2026Page 1 of 2 powered by Legistar™ File #:25-4379,Version:1 Department for the purpose of the Department performing its information security due diligence. The due diligence review allows the Department to determine if it is appropriate to contract with the vendor and place County and patient data in the vendor’s cloud. Authorizing the Health Services Director, or designee, to enter into an information security agreement with potential information technology vendors responding to a healthcare information technology RFP or sole source selection will allow the Department to appropriately investigate and assess potential information technology vendors’ data and information security systems to determine if contracting with them to host County data and protected health information is appropriate. CONSEQUENCE OF NEGATIVE ACTION: The Department will not be able to procure information security reports from potential information technology vendors and will not be able to adequately assess potential vendors’ information security systems and procedures. CONTRA COSTA COUNTY Printed on 1/27/2026Page 2 of 2 powered by Legistar™ Information Security Agreement This Information Security Agreement (“Agreement”) is made this ___ (“Effective Date”) by and between (“Vendor”), with its offices at _____, and Contra Costa County, a political subdivision of the State of California (“County”), each individually referred to as a “Party,” and collectively, the “Parties.” WHEREAS, Vendor wishes to submit a proposal in response to the competitive solicitation [Insert Name of Solicitation and RFP Number] (the “RFP”) as requested by the County’s Health Services Department; and WHEREAS, Vendor represents and warrants that it is qualified to perform the services set forth in the RFP; and WHEREAS, Vendor understands that it is required to meet the minimum qualifications to bid as set forth in the RFP; and WHEREAS, Vendor represents and warrants that it did not participate in any part of the RFP development process and had no knowledge of the specific contents of the RFP prior to its issuance; and WHEREAS, as a result of the RFP, if selected, Vendor will enter into discussions with the County with respect to a business relationship between Vendor and County to perform the services set forth in the RFP; Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by each Party the parties agree as follows: 1. Purpose. In the course of, or for the purpose of facilitating discussions with the County with respect to the Parties potentially entering into an agreement for Vendor to provide healthcare information technology services to the County as set forth in the RFP (a “Definitive Agreement”), either Party may disclose to one another Confidential Information as defined below. This Agreement sets out the Parties’ respective obligations with respect to the Confidential Information that one party to this Agreement receives (the “Receiving Party”) from the other Party (the “Disclosing Party”). 2. Confidential Information. As used in this Agreement, the term “Confidential Information” means technical information or processes, information security audit reports, independent system security reports, technical documentation, SOC2 Type 2 reports, ISO 27001 reports, and data and system security methodologies relating to the Disclosing Party’s information security designs. 3. Limited Access and Use. a. The Receiving Party agrees to treat the Confidential Information as confidential to and as the property of the Disclosing Party or the County, where applicable, and agrees to use 2 an appropriate degree of care (which, in any case, will not be less than a reasonable degree of care) to prevent disclosure of the Confidential Information of the Disclosing Party or the County. b. The Receiving Party will use Confidential Information only for the purpose of the County assessing Vendor’s information security systems and processes in connection with the RFP (the “Purpose”). c. Confidential Information will be kept separate from any other County business that the Receiving Party may be conducting and will not be included within the general file of the Receiving Party. d. Confidential Information will not be used by the Receiving Party in furthering or expanding its business, or developing its own services or systems, except for providing services in connection with and for the sole purpose of the Purpose. e. The Receiving Party will not disclose the Confidential Information to any third party or individual without the prior written consent of the Disclosing Party, except the Receiving Party may disclose the Confidential Information to: (i) its employees who have a need to know such Confidential Information for the purpose of carrying out this Agreement and who have been advised of the obligations of confidentiality and are obligated to keep the Confidential Information confidential; and (ii) the County. f. The Receiving Party will not copy or reproduce the Confidential Information except as reasonably required for the purposes contemplated in this Agreement and will reproduce any confidentiality or other proprietary rights notices on the Confidential Information on all copies. g. Confidential Information will be returned to the Disclosing Party by the Receiving Party or destroyed by the Receiving Party upon the written request of the Disclosing Party at any time. An authorized representative of the Receiving Party, if requested by the Disclosing Party, shall certify in writing on behalf of the Receiving Party that all such Confidential Information has been returned or destroyed, as applicable. The Receiving Party may retain one (1) copy of the Confidential Information for archival purposes or to defend its work product, provided however, such Confidential Information remains subject to the terms and conditions of this Agreement for thirty (30) days following the earlier of: (a) termination of the RFP, (b) a written request from Disclosing Party; or (c) the expiration of the Term of this Agreement under Section 6 (Term). 4. No License. The parties acknowledge and agree that all rights to the Confidential Information, except for the specific rights to use the Confidential Information described herein, are reserved by the Disclosing Party. No license, express or implied, under any trade secret right, trademark, patent, copyright, or other proprietary right or applications which are now or may hereafter be owned by a party, is granted by the disclosure of Confidential Information under this Agreement. Nothing in this Agreement is to be construed as granting 3 the Receiving Party any title, ownership, license, or other right or interest with respect to the Confidential Information disclosed by the Disclosing Party. 5. Exceptions to Confidential Information. This Agreement does not apply to or restrict the Receiving Party from using or disclosing Confidential Information: a. which is or becomes public other than through a breach of this Agreement; b. is already known to the Receiving Party prior to the date of this Agreement and with respect to which the Receiving Party does not have an obligation of confidentiality; c. which is independently developed by the Receiving Party; d. which is disclosed to the Receiving Party by a person or entity not party to this Agreement, excluding the County, and who is entitled to disclose such information without breaching an obligation of confidentiality; or e. required to be disclosed by law, whether under an order of a court, government tribunal, or other legal process. If the Receiving Party is required to disclose Confidential Information as part of a judicial process, government investigation, legal proceeding, or other similar process, the Receiving Party will give prior written notice of such requirement to the Disclosing Party. Reasonable efforts will be made to provide this notice in sufficient time to allow the Disclosing Party or the County, where applicable, to seek an appropriate confidentiality agreement, protective order, or modification of any disclosure, and the Receiving Party will reasonably cooperate in such efforts. 6. Term. This Agreement shall remain effective for the period of time beginning on the Effective Date and ending on the earlier of the date that: (a) the Parties enter into a Definitive Agreement; and (b) the date on which the Parties terminate their negotiations in writing with respect to entering into a Definitive Agreement (such earlier date, the “Term”). 7. Future Relationship. Nothing in this Agreement shall be construed as obligating any party to: (a) continue any discussions, (b) enter into a Definitive Agreement, or (c) provide any services. 8. Injunctive Relief. The parties acknowledge that the unauthorized use or disclosure of the Confidential Information could cause irreparable harm to the Disclosing Party or the County. Accordingly, the parties agree that they have the right to seek an injunction, without bond or other security, against any breach or threatened breach of this Agreement as well as the right to pursue any and all other rights and remedies available at law or in equity for such breach or threatened breach. 9. Vendor Communications and Authorized Representative. Vendor hereby designates the following Authorized Representative to make and receive all communications related to this Agreement: 4 Vendor Authorized Representative: Name: Title: E-mail: 10. Notice. Notices delivered in connection with this Agreement must be in writing and delivered to the address set out in the first paragraph of this Agreement to the attention of the individual representing each party under this Agreement or as changed by the parties by written notice delivered to each other from time to time in accordance with this Agreement. 11. Severability. In the event that any provision of this Agreement shall be determined illegal or otherwise unenforceable, such provision shall be severed and the balance of this Agreement shall continue in full force and effect. 12. Waiver. The failure of either party to enforce any rights granted under this Agreement or to take action against the other party in the event of a breach shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. 13. Incorporation of Recitals. The matters recited above are hereby incorporated into and made part of this Agreement. 14. Entire Agreement and Amendments. This Agreement binds the parties and their respective successors and permitted assigns (provided that neither party may assign this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, except that either party may assign this Agreement without the other party’s consent in the event an assignment is necessitated by an internal business reorganization) and constitutes the entire understanding between the parties with respect to its subject matter, superseding any prior oral or written agreement or understanding relating hereto, and cannot be amended, changed, or terminated except by a written instrument executed by a duly authorized representative of each party. 15. California Public Records Act and Contra Costa County Better Government Ordinance. Vendor acknowledges that information contained within Vendor’s RFP proposal, are subject to the California Public Records Act, (California Government Code section 7920 et. seq.), and the Contra Costa County Better Government Ordinance (Contra Costa County Ordinance Code section 25). Such records are subject to public inspection and copying unless exempt from disclosure under federal, state or local law. Information such as contracts, contractors’ bids, responses to requests for proposals and all other records of communications between the department and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefit until and unless that person or organization is awarded the contract or benefit. Vendor is hereby advised that information it provides that is covered by this section will be made available to the public 5 upon request. Immediately after any review or evaluation or rating of responses to the RFP has been completed, evaluation forms and score sheets and any other documents used by persons in the RFP evaluation or contractor selection process shall be availabl e for public inspection. The names of scorers, graders or evaluators, along with their individual ratings, comments, and score sheets or comments on related documents, shall be made immediately available after the review or evaluation of an RFP has been completed. 16. Applicable Law and Jurisdiction. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in Contra Costa County, California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date written above. Contra Costa County [Vendor Entity Name] By: By: Name: Name: Title: Title: Approved as to Form: Thomas Geiger, County Counsel By: Deputy County Counsel 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4380 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Christine Lee, MD, Inc., A Professional Corporation (dba The Skin and Laser Treatment Institute), in an amount not to exceed $3,000,000 to provide dermatology and Mohs micrographic surgery services for Contra Costa Health Plan members and County recipients for the period September 1, 2025 through August 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-036-4 with Christine Lee, MD, Inc., A Professional Corporation (dba The Skin and Laser Treatment Institute) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Service Director, or designee, to execute on behalf of the County Contract #77-036-4 with Christine Lee, MD, Inc., A Professional Corporation (dba The Skin and Laser Treatment Institute), in an amount not to exceed $3,000,000, to provide dermatology and Mohs micrographic surgery services for Contra Costa Health Plan (CCHP) members and County recipients, for the period September 1, 2025 through August 31, 2028. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $3,000,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized medical health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This Contractor has been a part of the CCHP Provider Network providing dermatology and Mohs micrographic surgery services and fostering a deep understanding of the CCHP organization’s mission, values, and long-term objectives since September 2016. This Contract is entered into under and subject to the following legal authorities: California Government Code §§ 26227 and 31000; and Health and Safety Code § 1451. Health Services Personnel approved this Contract to ensure no conflicts with labor relations. Contractor currently cooperates and participates in CCHP’s Quality CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4380,Version:1 Management Program which consists of quality improvement activities to improve the quality of care, services and member experience. Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs. Per Administrative Bulletin 600.3, CCHP Physician services are exempt from solicitation requirements. On August 16, 2022, the Board of Supervisors approved Contract #77-036-3 with Christine Lee, MD, Inc., A Professional Corporation (dba The Skin and Laser Treatment Institute), in an amount not to exceed $3,000,000, for the provision of dermatology and Mohs micrographic surgery services for CCHP members and County recipients for the period September 1, 2022 through August 31, 2025. Approval of Contract #77-036-4 will allow the Contractor to continue providing dermatology and Mohs micrographic surgery services through August 31, 2028. Contract delay was due to extended negotiation of Contract terms between Division and Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, certain specialized dermatology and Mohs micrographic surgery services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4381 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $15,432 to Recover Medical Group, P.C., for additional alcohol and drug abuse prevention and treatment services provided during the period of January 1, 2025 through June 30, 2025, as recommended by the Health Services Director. (100% Federal Medi-Cal) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Payment for Services Provided by Recover Medical Group P.C. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Auditor-Controller,or designee,to pay $15,431.36 to Recover Medical Group P.C.,for additional outpatient telehealth services provided to individuals with substance use disorder (SUD)throughout Contra Costa County,for the period of January 1,2025 through June 30,2025,as recommended by the Health Services Director. FISCAL IMPACT: Approval of this payment will result in a one-time expenditure of up to $15,431.36 and will be funded 100%by Federal Medi-Cal revenues. BACKGROUND: This Contract meets the social needs of County’s population by providing specialized substance use disorder treatment services for County youth.The County has been contracting with the Contractor since 2023 to provide outpatient telehealth services to youth with SUD throughout the County. 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.BHSD’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.Per Administrative Bulletin 600.3,the Department has posted a continuous Request for Qualifications and maintains a current qualified list of vendors at all times. In September 2024,the Purchasing Services Manager executed Contract #74-673-1 with Recover Medical Group,P.C.,in an amount not to exceed $56,812,to provide alcohol and drug abuse prevention and treatment CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4381,Version:1 Group,P.C.,in an amount not to exceed $56,812,to provide alcohol and drug abuse prevention and treatment services, for the period July 1, 2024 through June 30, 2025. In March 2025,the Purchasing Services Manager executed Contract Amendment #74-673-2 with Recover Medical Group,P.C.,effective July 1,2024,to revise the rate schedule with no change in the payment limit and term ending June 30, 2025. In May 2025,the Purchasing Services Manager executed Contract Amendment #74-673-3 with Recover Medical Group,P.C.,effective October 1,2024,to revise the rate schedule with no change in the payment limit and term ending June 30, 2025. Due to an increase in alcohol and drug abuse prevention and treatment services needed by individuals with SUD,additional services were requested by the County without sufficient time to amend the Contract. Contractor provided these services in good faith, which exceeded the original payment limit by $15,431.36. Therefore,the County has determined that Recover Medical Group,P.C.,is entitled to payment for the reasonable value of their services under the equitable relief theory of quantum meruit.That theory provides that where a person has been asked to provide services without a valid contract,and the provider does so to the benefit of the recipient,the provider is entitled to recover the reasonable value of those services.As such,the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $15,431.36 to Recover Medical Group, P.C. CONSEQUENCE OF NEGATIVE ACTION: If this payment is not approved,the Contractor will not be paid for services requested by BHSD and provided by Contractor provided in good faith. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4382 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Golden Gate Urology, Inc., in an amount not to exceed $1,000,000 to provide urology services for Contra Costa Health Plan Members and County recipients for the period September 1, 2025 through August 31, 2027. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-301-2 with Golden Gate Urology, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Service Director, or designee, to execute on behalf of the County Contract #77-301-2 with Golden Gate Urology, Inc., a corporation, in an amount not to exceed $1,000,000, to provide urology services for Contra Costa Health Plan (CCHP) members and County recipients, for the period September 1, 2025 through August 31, 2027. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $1,000,000 over a two-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized medical health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This Contractor has been a part of the CCHP Provider Network providing urology services and fostering a deep understanding of the CCHP organization’s mission, values, and long-term objectives since September 2016. This Contract is entered into under and subject to the following legal authorities: California Government Code §§ 26227 and 31000; and Health and Safety Code § 1451. Health Services Personnel approved this Contract to ensure no conflicts with labor relations. Contractor currently cooperates and participates in CCHP’s Quality Management Program which consists of quality improvement activities to improve the quality of care, services and member experience. Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs. Per Administrative Bulletin 600.3, CCHP Physician services are exempt from solicitation requirements. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4382,Version:1 On August 15, 2023, the Board of Supervisors approved Contract #77-301-1 with Golden Gate Urology, Inc., in an amount not to exceed $1,800,000, for the provision of urology services for CCHP members and County recipients for the period September 1, 2023 through August 31, 2025. Approval of Contract #77-301-2 will allow the Contractor to continue providing urology services through August 31, 2027. Contract delay was due to extended negotiation of Contract terms between Division and Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, certain specialized urology services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4383 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with STAT MED, P.C., A California Medical Professional Corporation (dba STAT MED Urgent Care), in an amount not to exceed $9,000,000 to provide urgent care medical services for Contra Costa Health Plan members and County recipients for the period October 1, 2025 through September 30, 2027. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-324-4 with STAT MED, P.C., A California Medical Professional Corporation (dba STAT MED Urgent Care) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-324-4 with STAT MED, P.C., A California Medical Professional Corporation (dba STAT MED Urgent Care), a professional corporation, in an amount not to exceed $9,000,000, to provide urgent care medical services for Contra Costa Health Plan (CCHP) members and County recipients for the period October 1, 2025 through September 30, 2027. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $9,000,000 over a two-year period and will be funded 100% by Hospital Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain primary care physician health care services, including but not limited to urgent care medical services, for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This Contractor has been a part of the CCHP Provider Network providing urgent care medical services while fostering a deep understanding of the CCHP organization’s mission, values, and long-term objectives since July 2021. 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 and participates in CCHP’s Quality CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4383,Version:1 Management Program which consists of quality improvement activities to improve the quality of care, services and member experience. Cooperation includes collection and evaluation of performance measurement data and participation in the organization’s clinical and service measure Quality Improvement Programs. Per Administrative Bulletin 600.3 CCHP Physician services are exempt from solicitation requirements. On September 12, 2023, the Board of Supervisors approved (1) Cancellation Agreement #77-324-2 with STAT MED, P.C., A California Medical Professional Corporation (dba STAT MED Urgent Care), effective at the end of business on September 30, 2023; and (2) New Contract #77-324-3 with STAT MED, P.C., A California Medical Professional Corporation (dba STAT MED Urgent Care), in an amount not to exceed $4,500,000, for the provision of urgent care medical services for CCHP members and County recipients, for the period October 1, 2023 through September 30, 2025. Approval of Contract #77-324-4 will allow the Contractor to continue providing urgent care medical services for CCHP members and County recipients through September 30, 2027. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, certain urgent care medical services for CCHP members under the terms of their Individual and Group Health Plan membership Contract with the County will not be provided and such services may be delayed. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4384 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ACCEPT the Contra Costa Health Plan (CCHP) Quality Improvement and Health Equity Committee Quarterly Activities Report for April through June of 2025, as recommended by the CCHP Joint Conference Committee. (No fiscal impact) Attachments:1. 2025 Q2 QIHEC Quarterly Activities Report Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contra Costa Health Plan Quality and Health Equity Committee Activities Report (April - June 2025) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT the Contra Costa Health Plan (CCHP) Quality Improvement and Health Equity Committee (QIHEC) Quarterly Activities Report for Quarter 2 of 2025 (Q2-2025) , as required under the Department of Health Care Services (DHCS) contract and as recommended by the CCHP Joint Conference Committee (JCC). FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: As part of its Medi-Cal contract with DHCS, CCHP is required to implement and maintain a Quality Improvement and Health Equity Committee (QIHEC). The QIHEC is led jointly by CCHP’s Medical Director (or designee) and CCHP’s Health Equity Officer and must include participation from a broad range of network providers. The QIHEC is responsible for directing and overseeing all Quality Improvement and Health Equity program activities. CCHP fulfills this requirement through the work of two standing councils: the Quality Council and the Equity Council. These two bodies together comprise the QIHEC, bringing both clinical and community perspectives to guide the integration of quality and equity efforts across the health plan. The councils oversee performance improvement projects, review member experience and clinical quality data, and recommend corrective actions as needed. On a quarterly basis, CCHP is required to submit a written summary of QIHEC activities to its Governing Board, DHCS, and make these reports publicly available on its website. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4384,Version:1 SUMMARY: The Q2-2025 QIHEC Quarterly Report reflects governance through two Quality Council meetings and one Equity Council meeting. The April Quality Council meeting reviewed DHCS Annual Medical Audit results, grievance, appeals, and utilization management reports, and policy updates, with discussion focused on improving access, regulatory readiness, and preparing for the D-SNP launch. The May Quality Council meeting focused on access and availability, reviewing access report findings, provider satisfaction survey results, and Provider Relations updates, along with approval of additional annual reports and policies. The June Equity Council meeting addressed NCQA Health Equity Accreditation requirements, staff and provider training completion, Community Advisory Committee updates, and health education initiatives aimed at advancing maternal health, well child visits, and language access. During this quarter, CCHP advanced multiple quality improvement and health equity activities across accreditation preparation, measurement, and performance improvement projects. Accreditation deliverables remained on track, with documentation collected for both Health Plan and Health Equity Accreditation submissions. MY 2024 HEDIS and CAHPS audits were submitted on time with no findings, and CCHP exceeded Minimum Performance Levels across all 18 HEDIS measures submitted. Access and network monitoring continued through completion of the Annual Access Report, Provider Appointment Availability Survey, and Encounter Data Validation audits, along with provider satisfaction survey analysis and planning for corrective actions in urgent specialty care access. Additional analytic activities included case management and behavioral health survey development, and presentations at statewide seminars on quality data integration. Performance Improvement Projects showed measurable gains in behavioral health follow-up, immunization outreach, pediatric well care, cervical cancer screening, and preventive oral health services. CCHP engaged in targeted outreach to members and collaborated with community providers to expand screening and preventive care rates, while advancing maternal health initiatives and child health equity work through statewide and academic partnerships. Population health activities included implementation of pay-for-performance programs, expansion of health education and health literacy outreach, and continued work with community-based organizations on CalAIM centers. Patient safety oversight, provider training, guideline dissemination, and joint projects with local health centers and the Regional Medical Center further supported quality and equity goals, ensuring alignment with DHCS requirements and CCHP’s strategic priorities. The Q2-2025 CCHP Quality Improvement and Health Equity Committee Activities Report was reviewed by the CCHP JCC on October 3, 2025. The full report is included. CONSEQUENCE OF NEGATIVE ACTION: Failure to accept the QIHEC Quarterly Report would prevent CCHP from meeting its contractual obligation with DHCS and impact CCHP’s compliance standing. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ Quality Improvement and Health Equity Committee (QIHEC) Quarterly Report Report Period: April 1, 2025 – June 30, 2025 1. Meeting Dates and Main Topics Covered April 8, 2025: Quality Council • Senior Medical Director Update. The Senior Medical Director shared that she has assumed the role of co-chair of Quality Council following the appointment of the previous Chief Medical Officer to Interim CEO. • DHCS Annual Medical Audit. The Council reviewed results from the annual audit covering August 2023 to July 2024, which had 19 findings across six categories. Many findings have already been addressed, with continued work underway. The Council also discussed preparations for the upcoming D-SNP bid and proposal. • Appeals, Grievances, and Disputes (AGD) Annual Report. The Council reviewed trends showing higher grievance rates for seniors and people with disabilities, primarily due to billing and access issues. Quality of care grievances declined, but access to timely appointments remains a focus. Disproportionate grievance rates were noted among racial/ethnic groups, with particular attention to staff service concerns for Black/African American members. Appeals performance met NCQA targets. • UM Annual Report. The Utilization Management team outlined operational priorities to improve efficiency, communication, and readiness for D-SNP. Key projects included simplifying the authorization process, updating member letters, and department reorganization to improve service and compliance. • Quarterly Quality Activities Update. The Quality and Health Equity team shared improvements in HEDIS measures despite high member turnover. Final scores will be reviewed by the Council in Q3 2025. The Council also discussed Cultural and Linguistic analysis work in progress. • Self-Swab Cervical Cancer Screening. The Council was briefed on new FDA-approved self-swab HPV screening options for use in clinical settings. Discussion focused on improving screening rates among populations uncomfortable with pelvic exams and ensuring clear guidance on its use alongside cytology. 2 • Additional Comments. The Council discussed potential cuts to Medicaid coverage, including extended coverage for undocumented individuals and possible work requirements, highlighting the need for clear communication to reduce member anxiety. • Consent Items. The Council unanimously approved prior meeting minutes, quarterly reports on AGD, UM, Advice Nurse stats, pharmacy denials, audit summaries, and member experience updates. • Policies and Procedures. The Council approved updates to 21 policies covering ECM operations, grievances and appeals, reproductive and pediatric care, palliative care, cultural and linguistic services, utilization management processes, and continuity of care. May 13, 2025: Quality Council • Medical Director Update. The Medical Director shared progress on D-SNP preparation, ongoing regulatory compliance work, and Clinical Operations projects focused on Population Health Management. • Annual Access Report. The Council reviewed appointment availability data, satisfaction surveys, and emergency instruction compliance. While overall access standards were met for most networks, there were gaps in urgent specialty care and Plan A urgent appointments. Prenatal appointment compliance dipped during the holidays but returned to target levels. Initial Health Appointment rates showed marginal but steady improvement over last year. Emergency instruction compliance was 79%, with provider phone and in-office wait times showing high compliance. Follow-up actions include provider education, network expansion, and detailed data reviews. • Provider Satisfaction. Results from the annual Provider Satisfaction Survey showed high ratings for timeliness of UM decisions, claims support, and language access services. Opportunities were identified to improve call center accessibility and effectiveness. Providers also reported that recent changes, like the simplified authorization process, improved their experience. • Provider Relations Report. The interim COO presented Provider Relations updates, including key recommendations and actions such as talent management redesign, improvements to provider data operations, simplifying the provider experience, accelerating D-SNP network expansion, and managing interdependencies across departments. • Consent Items. The Council unanimously approved meeting minutes, enrollee and provider experience survey results, physician directory accuracy, geographic reports, UM committee minutes, credentialing integrity reports, and the annual report on access and availability. • Policies and Procedures. The Council approved 27 policies and procedures, covering Community Supports, Behavioral Health access and screening, care coordination, disaster planning, site reviews, medical record standards, quality audits, provider preventable conditions, marketing, member circumstances, non-discrimination, and utilization management information integrity. 3 June 10, 2025: Equity Council • Senior Medical Director Report. The Acting Interim CMO emphasized the organization’s mission and commitment to members despite ongoing budget pressures in Sacramento and changes at the federal level, highlighting CCHP’s continued focus on high-quality care. • DEI & TGI Trainings Update. Staff training updates included completion of Transgender, Gender Diverse, and Intersex (TGI) training for all staff (required every two years) and the rollout of Diversity, Equity & Inclusion (DEI) training in January 2025, with 46.5% staff completion as of June. DEI and D-SNP training for providers will launch in July 2025. Clarifications about which provider trainings are required were also shared. • NCQA Accreditation. A high-level update on NCQA Health Equity Accreditation was provided. Five specific elements related to gender identity data collection and DEI staffing practices will be scored as “N/A” through June 2026 under temporary guidance. The Provider Directory was also updated to include languages spoken and available race/ethnicity information to better align with equity standards. • Community Advisory Committee. The team shared updates about the CAC, including participation in the DHCS MCP CAC Workshop in March and ongoing recruitment of new members as original 2023 members term out. Quarterly meetings will continue throughout 2025 to meet DHCS requirements. • Health Education and IHI Project. The Health Education team reported on projects to improve health literacy, maternal health initiatives, chronic disease management, and CalAIM center support. “One-Pagers” for member education will soon be available on the CCHP website. Results of a targeted project to improve Well Child Visit rates for 18– 21 year-olds showed a 95% relative increase to 21.5%, supported through a collaboration with IHI and Brighter Beginnings. • Quarterly and Annual Review: Grievances Related to Language Access and Discrimination. The Council reviewed an approved CAP addressing past audit findings about grievance reporting to DHCS. The report noted an increase in grievances with common issues such as appointment cancellations, transportation concerns, and language access, with recommended outreach to providers about interpreter services. • Consent Items. The Council unanimously approved three items: Equity Council Meeting Minutes (3/11/2024), Policy QM14.802 (CCHP Staff & Network Provider Cultural Competency Training), and the new ADMIN Policy on the Community Advisory Committee. 2. Update on Quarterly Activities in QIHETP Program Program Structure: • Convened two Quality Council meetings and one Equity Council meeting. • Joint Conference Committee received and approved the annual Quality and Health Equity Evaluation, Workplan, and Program Description to send to the Contra Costa County Board of Supervisors. 4 • Convened Community Advisory Committee (CAC) on June 12, 2025, with topics covering Provider Directory, Access to Services and Coordination of Services. NCQA Accreditation • The Health Plan accreditation audit is on schedule with 50% of the documentation collected and ready for final consultant review prior to the NCQA audit deadline of December 9th. • The Health Equity Accreditation initial submission is on schedule with 97% documentation ready for consultant review prior to submission deadline of August 26th deadline. Measurement, Analytics, Reporting, and Data Sharing • All audit requirements were met for the Healthcare Effectiveness Data & Information Set (HEDIS) & Consumer Assessment of Healthcare Providers & Systems (CAHPS) audits were approved by both Advent Advisory Group and HSAG auditing agencies and submitted prior to deadline of June 13th required with the National Committee for Quality Assurance (NCQA). CCHP exceeded the Minimum Performance Levels (MPLs) in all the 18 submitted measures and is awaiting NCQA Star ratings, released in September 2025. • Completed fielding of annual member experience CAHPS survey with analysis to begin in Q3. • Completed the analysis of the 2024 Provider Satisfaction Survey and conducted interactive workshop with CCHP staff to brainstorm improvement opportunities. • Provider Appointment Availability Survey (PAAS) MY2024 results submitted to DMHC. Urgent specialty care access in the Plan A network was identified as a deficiency; a corrective action plan is in development to address this gap. • Comprehensive Annual Access Report for MY2024 completed and reviewed by the Quality Council in May; the report provides updates on all access program efforts and ongoing tracking activities. • Network Adequacy Validation (NAV) Audit is on schedule, Quality submitted the Information Systems Capabilities Assessment Tool (ISCAT) to the Health Services Advisory Group (HSAG) on June 24th, prior to the July 17, 2025 due date, and is awaiting on feedback from auditor. • Quality submitted 100% of the 411 requested records by May 1st, prior to the May 13th due date for the Encounter Data Validation (EDV) audit. CCHP is waiting on feedback from the HSAG auditors. • Collaborated with stakeholders to finalize Case Management Survey content, to ensure alignment with program goals and member needs. Coordinated with the contracted vendor to complete survey programming, establish data collection protocols, and initiate fielding activities. • Launched the Experiences in Care and Health Outcomes (ECHO) survey in collaboration with the survey vendor, targeting eligible members to assess their experiences and perceptions related to behavioral health services. Ensured all outreach materials were finalized and distributed according to the established timeline. • Presented at the Safety Net Institute/Local Health Plans of California (SNI/LHPC) Data Sharing Seminar on Contra Costa’s approaches to quality data integration between health systems and health plans. 5 Performance Improvement Projects • Demonstrated improvements in the Follow-up after Emergency Department for Mental Health and Alcohol and Other Drugs measures with Contra Costa Behavioral Health through the Institute for Healthcare Improvement collaborative . Conducted additional in-services with area Emergency Departments to discuss behavioral health referral patterns. Created substance use navigator network (SUN network) with SUNs across area EDs to increase collaboration. Launched text message pilot and sent text messages to nearly 500 patients. • Organized and facilitated a Lunch & Learn for providers and care team staff to promote evidence-based strategies for improving childhood immunization rates. Participants engaged in peer-to-peer discussion and shared successful approaches from their own practices, fostering collaboration and knowledge exchange to support improved preventive care outcomes. • Conducted over 350 outreach calls to members aged 0-2 years due for well-care visits and scheduled over 70 appointments for members. • Conducted around 1,000 outreach calls to members for Denti-Cal benefits and Topical Fluoride Treatment. • Collaborated with community network providers to conduct over 600 outreach calls for well care visits and over 800 calls for cervical cancer screening. • Continued to conduct outreach calls for African American and Pacific Islander members assigned to RMC due for well care visits. • Completed over 60 calls to members under two who are due for lead screening. • Presented IHI-DHCS Child Health Equity Collaborative results at Harvard TH Chan School of Public Health Practical Applications of Improvement Science class. • Sponsored a student project with UC Berkeley School of Public Health Quality Improvement class focusing on Cultural and Linguistic Services. • Presented to UC Berkeley School of Public Health Quality Improvement class and Cal State East Bay Public Health Informatics class. • Collaborated with Regional Medical Center Prenatal/Postpartum Quality Team to identify gaps in postpartum care for members who deliver at non-RMC facilities. The workgroup explored strategies to improve data sharing, streamline referral processes, and enhance outreach to ensure timely enrollment into case management services. The goal is to improve continuity of care, support maternal health outcomes, and reduce disparities in postpartum follow-up. Population Health • Initiated first pay for performance payment for largest two provider groups. For calendar year 2025, 7 provider groups will be in a pay for performance program. • Transgender, Gender Diverse, or Intersex (TGI) training curriculum was approved by DHCS and completed by CCHP all staff. Around 50% of CCHP staff completed newly roll- out Diversity, Equity & Inclusion Training. • Completed 2024 Cultural & Linguistic Analysis Report, including assessment of Provider Cultural Responsiveness and Cultural & Linguistic program evaluation. 6 • The summer edition of Health Sense was mailed to members and included timely health tips, seasonal wellness information, and updates on available plan services. In addition, two new editions of the new maternal health, mental health, and children and family e- newsletters were developed and sent. Each edition featured curated content such as health education, community resources, preventive care reminders, and program highlights aimed at engaging members and supporting their overall well-being. • The Health Education team participated in over 30 outreach events, including outreach at the Concord Library, tabling at network Federally Qualified Health Centers, Los Medanos Health Fair, Youth Wellness Summit, Senior Health Fair, Parks Rx, and Stege Elementary lead education. • Initiated the reassessment process for members enrolled in the California Children and Youth with Special Health Care Needs and Long-Term Services and Supports programs. • Engaging with 4 Community-based Organizations to roll out CalAIM centers. Successfully conducted 2 presentations with CalAIM centers and start implementation of office hours on site. • Conducted new member survey to assess understanding of patient materials. • Initiated planning for an emergency department (ED) utilization reduction project. Conducted preliminary data analysis to identify high-utilizing member populations and common drivers of avoidable ED visits. Began engaging key stakeholders across departments, including Advice Nurse Unit, Clinical Operations, and Health Education teams, to develop targeted intervention strategies. • Participated in Contra Costa Public Health Community Health Assessment Steering Committee to support countywide planning and collaboration. Attending Bridging Public Health and Managed Care event with Public Health Departments and Managed Care plans across California. • Actively engaged in Supervisor Burgis' Health Literacy Council, working on strategies to reduce emergency department utilization and improve health literacy for Far East County residents. Patient Safety • Continued monitoring and investigating Potential Quality Issues, Provider Preventable Conditions, and medical safety incidents. • Completed scheduled Facility Site Reviews and Medical Record Reviews. • Publicized Clinical Practice Guidelines in newsletter and provider network training Provider Engagement • Conducted quarterly provider network training sessions and quarterly network newsletter. • Held six quality meetings with providers (Lifelong, La Clínica, Axis, Brighter Beginnings, Asian Health Services, and John Muir) focusing on specific rates and improvement projects. • Partnered with Contra Costa Regional Medical Center in their Ambulatory Care Redesign improvement projects, joining the Population Health and Alternative Care Delivery workgroups. As part of the Alternative Care Delivery workgroup, CCHP provided support for a nurse-led asthma clinic to better serve patients with moderate to severe asthma. 7 Part of the support efforts for the asthma clinic included input on eligible patient population, services available to CCHP members, and information on best practices other health systems have implemented. The CCHP Health Educator conducted outreach to over 100 patients to schedule into the nurse led clinics and completed appointment reminder outreach. As part of the Population Health workgroup, CCHP provided input and recommendations on pre-visit screenings. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4385 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ACCEPT the Contra Costa Health Plan (CCHP) Compliance Quarterly Activity Report for April through June of 2025, as recommended by the CCHP Joint Conference Committee. (No fiscal impact) Attachments:1. CCHP Compliance Activities Report Q2 2025 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contra Costa Health Plan Compliance Activities Report (April through June 2025) ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT the Contra Costa Health Plan (CCHP) Compliance Quarterly Activity Report for Quarter 2 (Q2) of 2025 as recommended by the CCHP Joint Conference Committee (JCC). FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: To promote transparency and accountability, CCHP quarterly submits the Compliance Activities Report for review by the governing body. The CCHP 2025 Q2 Compliance Activities Report was reviewed by the CCHP JCC on October 3, 2025. The staff report is included. CONSEQUENCE OF NEGATIVE ACTION: If this action is not accepted, it could lead to noncompliance under the federal and state regulations. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 1 powered by Legistar™ 595 Center Ave., Ste. 100 | Martinez, CA 94553 | Phone: (925) 313-6000 | Fax: (925) 313-6580 cchealth.org To: Joint Conference Committee (JCC) Members From: Chanda Gonzales, Compliance Officer, Contra Costa Health Plan Date: October 3, 2025 Subject: Compliance Activities Report Purpose To provide the JCC with an overview of updates and notable information related to compliance activities and requirements. Department Description The Compliance Department coordinates all regulatory communication for the health plan, reviews and disseminates regulatory changes and requirements, monitors and ensures that all departments conduct operations in a timely, ethical, and compliant manner. Key Accomplishments and Highlights Compliance managed the process for this year’s Department of Health Care Services on-site audit. Compliance oversaw and coordinated the audit requests for information and ensured that all responsible departments submitted the required information and documents in a timely manner. Compliance conducted quality assurance for the several hundred documents and responses submitted to the auditors. Compliance continues to oversee this process as the auditors review final submissions. Compliance also coordinated the final submission of CCHP’s 2024 Medical Audit Corrective Action Plan (CAP). We await final review from DHCS. Compliance additionally facilitated communications with multiple regulators (DMHC, DHCS, CMS) to ensure their urgent requests for revisions to DSNP member materials were addressed promptly and by the responsible department leaders. Compliance and CCHP leader collaboration resulted in the timely submission and approval of all key DSNP member materials: member handbook, member ID card, provider/pharmacy directory, formulary. CCHP also received conditional approval from CMS for our State Medicaid Agency Contract (SMAC). 2 Current Priorities and In-Progress Work • Continuing coordination of audit submissions and communication • Continuing crucial submissions to CMS and monitoring communication for D-SNP • Implementation of CMS compliance program requirements Challenges CCHP will be expanding its regulators from two state (DHCS, DMHC) to three including a federal regulator (CMS). The increasing regulatory requirements and areas for risk management require staff who have specific skills and experience. While the Compliance department has obtained additional SMEs to help train and guide staff, we anticipate greater workloads and growing responsibilities. Looking Ahead In October, the open enrollment period begins for our new Medicare line of business; Compliance will continue to coordinate and closely monitor federal regulatory requirements and guidelines related to this event and all preparation for becoming a Dual Special Needs Plan (D-SNP). In December, the Department of Managed Health Care (DMHC) will conduct its routine financial audit of the health plan. Compliance will coordinate with the Finance department and help support the audit process. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4386 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Stryker Sales, LLC, in an amount not to exceed $47,238 and related agreement for the purchase of battery-powered hydraulic gurney equipment and repair and maintenance services for a period of five years, beginning two years after the date of delivery to the Contra Costa Regional Medical Center. (100% Hospital Enterprise Fund I) Attachments:1. Standard Terms of Sale Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Rescind Prior Board Action Pertaining to Purchases with Stryker Sales, LLC ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RESCIND Board Action of October 7, 2025 (C.72), which pertained to equipment purchases for the Contra Costa Regional Medical Center; and APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a one-time purchase order with Stryker Sales, LLC in an amount not to exceed $47,238 and Stryker Corporation Standard Terms of Sale (US) for the purchase of a 6506 MTS Power Cor Mid Gurney and ProCare Support Services for a period of five years, beginning two years after the date of delivery for the Contra Costa Regional Medical Center (CCRMC). FISCAL IMPACT: Approval of this action will result in a one-time expenditure of up to $47,238 and will be funded by Hospital Enterprise Fund I revenues. BACKGROUND: The 6506 MTS Power Cor Mid Gurney, available through Stryker Sales, LLC and features a battery-powered hydraulic system, which enables effortless, one-touch adjustments for lifting and lowering. Additionally, advanced features such as load-sensing technology, integrated fleet management for remote monitoring, and enhanced maneuverability, ensuring both patient safety and operational efficiency. The Inpatient Psychiatry Unit at CCRMC currently lacks the infrastructure to safely transport critically ill or code patients to the Intensive Care Unit (ICU) or Emergency Department (ED). The patient beds are permanently bolted to the ground, preventing timely transfers in emergencies and posing a significant risk to patient safety. This new equipment will allow for efficient, safe patient movement and will ensure enhance patient safety. The equipment is covered under warranty for the first two years. Stryker will perform the repair and maintenance services to the equipment rendered in connection with the quote for a period of five years, beginning two years CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4386,Version:1 after the date of delivery. The Stryker Standard Terms of Sale (US) obligates the County to indemnify Stryker against any claims due to negligent acts or ommission of the County. Stryker’s liability will not exceed the purchase price of the applicable products minus depreciation or in the case of services, service fees paid by the customer in the twelve month period immediately preceeding the claim. Neither party will be entitiled to, nor will be liable for, indirect, special, incidental, consequential or punitive famages of any nature, including, but not limited to, loss of business, profits or revenue or business interruption. In the event of the County’s default in payment for the products purchased, the County will be responsible for all reasonable costs and expenses (including reasonable attorney’s fees) incurred by Stryker in collection of any sums owing by the County, and Stryker will not be obligated to make any further deliveries to the County. Should the County elect to cancel its order, in whole or in part, the County will be liable to Stryker for any non-refundable deposits and reasonable cancellation charges that will include, but not be limited to, all costs and expenses incurred by Stryker in connection with procuring and filling the County’s purchase order. Additionally, this purchase is subject to the ProCare Services Terms and Conditions set forth in Appendix 3 of the Stryker Standard Terms of Sale (US) which provide that in no instance will Stryker be liable to the County of incidental, punitive, special, cover, exemplary, multiplied, or attorney’s fees or costs. The County agrees to indemnify and defend Stryker against any Claims due to the negligent acts or omissions of the County or its officers, employees, representatives or agents. On October 7, 2025 the Board of Supervisors approved agenda item C.72 to execute a purchase order with Stryker Sales, LLC in the amount of $41,290 and Stryker Corporation Standard Terms of Sale (US) for the purchase of a 6506 MTS Power Cor Mid Gurney and ProCare Support Services for a period of five years, beginning two years after the date of delivery for the (CCRMC). The original quote reflected an incorrect amount. Approval of this action will increase the payment limit by $5,948 to a new amount of $47,238 and will allow the CCRMC to purchase the necessary transport solution, ensuring the safe and efficient transfer of critically ill patients. This will enhance patient care by enabling timely relocation to the ICU or ED, thereby improving overall safety and continuity of care in emergencies. This purchase is being justified via sole source. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, CCRMC will be unable to safely and efficiently transport critically ill or code patients to the ICU or ED, jeopardizing patient safety and hindering the ability to provide timely, life-saving care during emergencies. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ Page 1 of 8 V.3 (4.1.2025) STANDARD TERMS OF SALE (US) 1. General. All sales of Products distributed by Stryker in the United States are subject to the following terms and conditions. In these “Standard Terms of Sale”, “Stryker” means Stryker Corporation and any of its affiliates providing Products to Customer, goods and services sold by Stryker are referred to as “Products”, and the purchaser of the Products is referred to as the “Customer.” Stryker and Customer are herein collectively referred to as “Parties”. 2. Price and Taxes. 2.1. Prices shown on Stryker invoices are net of discounts provided at the time of purchase and Products listed on an invoice may be subject to additional rebates or discounts, for which separate documentation is provided by Stryker. Customer must: (i) claim the value of all rebates and/or discounts in Customer’s fiscal year earned or the immediately following fiscal year; (ii) properly report and appropriately reflect and allocate prices paid net of all discounts and rebates in Medicare/Medicaid cost reports and all claims for payment filed with third party payors as required by law or contract; and (iii) provide agents of the U.S. or a state agency with access to all information from Stryker concerning discounts and rebates upon request. 2.2. Stryker’s price does not include sales, use, value added, franchise, gross receipts, profits, excise, privilege, occupation, personal property, withholding and all other federal, state or local or foreign taxes, import or customs fees and duties associated with an order, however designated (collectively, “Taxes”). Customer will be liable for all Taxes, whether or not Stryker invoices Customer for such Taxes (unless Customer will provide Stryker at the time an order is submitted with an exemption certificate or other documents acceptable to taxing or customs authorities). 3. Payment Terms. Unless otherwise provided on Stryker’s invoice, invoices must be paid in full by Customer thirty (30) days after the date of Stryker’s invoice. Any amount not paid on time may be subject to a late fee of 1.5% per month prorated (18% per annum), or the maximum interest rate allowable by law, whichever is the highest. Stryker, in its sole discretion, reserves the right to change terms of payment and/or discontinue further shipments or suspend services, without prejudice to any other lawful remedy, in the event that: (i) the sale would cause to be exceeded any credit limit that Stryker will have extended to Customer under Section 4 below; (ii) if at any time Stryker determines that Customer’s financial condition or credit rating does not justify a sale on credit; or (iii) Customer is at any time in default in any indebtedness or obligation that Customer owes to Stryker. Stryker may require advance payment or may ship Cash on Delivery (”COD”). Payment must be made to Stryker at the location designated in Stryker’s invoice. Customer must notify Stryker in writing of any disputed invoice within fifteen (15) days of its receipt. The writing must provide Stryker with sufficient detail regarding the basis and amount of the dispute. If Customer does not dispute an invoice within fifteen (15) days of its receipt, such invoice will be deemed to have been approved and accepted by Customer. 4. Credit Policies. Based upon Customer’s financial position and payment history, Stryker may, in Stryker’s sole discretion, assign Customer a credit limit. Customer’s total pending orders and outstanding accounts payable to Stryker must remain within the amount of the credit limit. Stryker may at any time, in Stryker’s sole discretion, modify or discontinue Customer’s credit limit or modify Stryker’s credit terms and other credit policies. Neither this paragraph nor any other provision of these Standard Terms of Sale makes Customer a dealer or distributor of Stryker or obligates Stryker to sell any Products to Customer. 5. Delivery, Title and Risk of Loss. Unless otherwise provided on an invoice, or except for Products purchased on a consignment basis, all Products purchased directly from Stryker will be shipped F.O.B Origin, freight, insurance and handling prepaid and added to the invoice. Title and risk of loss transfer to Customer upon Stryker’s delivery of the Products to a common carrier. Shipping and delivery dates are estimates only, and time is not of the essence. Stryker may ship all the Products at one time or in portions. Stryker will have the right to determine the method of shipment and routing of the Products, unless Stryker agrees otherwise in writing. Stryker will not utilize Customer’s designated third party freight management service to ship Product. All Products will be shipped to the address indicated in the “ship to” portion of Customer’s purchase order. Stryker reserves the right to refuse to ship the Products to third parties. 6. Stryker Communications Products. To the extent Products purchased by Customer include equipment and installation services provided by Stryker’s Communications division, the additional terms and conditions set forth in Appendix 2 hereto will apply. 7. Trade-in Equipment. If applicable, any trade-in discount offered by Stryker and may be reflected on an invoice is an additional discount given by Stryker as a result of trade-in equipment remitted to Stryker by Customer at Customer’s request. Customer transfers and delivers unto Stryker all of Customer’s rights, title and interest in and to such trade-in equipment and all trade-in equipment must be shipped, at Customer’s expense, to the address designated by Stryker within the time period agreed to by the Parties. All trade-in equipment must be appropriately packaged, consistent with Stryker’s instructions or if such instructions have not been provided, with good commercial practice. Customer assumes responsibility for shipment of trade-in equipment to Stryker and for risk of loss or damage during shipment. Trade-in equipment must be accompanied by a copy of the purchase order or the trade-in order number. Failure to return trade-in equipment in accordance with these instructions may result in forfeiture of the trade-in discount, for which Stryker will bill Customer, to be paid by Customer in accordance with Section 3. 8. Service Providers. In the event Customer utilizes any supply chain solutions and/ or invoicing systems (“Service Provider”) other than GHX, Stryker is not responsible for any fees associated with such Service Provider. Notwithstanding the foregoing if Customer Page 2 of 8 V.3 (4.1.2025) utilizes a Service Provider at Customer’s own cost, Stryker requires a separately executed agreement between Stryker and such Service Provider which shall require the Service Provider to maintain the confidentiality of Stryker's proprietary or confidential information (“Confidential Data”) and prohibits Service Provider from (i) disclosing and/or selling any data disclosed to a third party or (ii) using it for the sole purpose of obtaining benchmarking analysis. Customer represents and warrants that any data disclosed to Service Provider will be protected by confidentiality language no less stringent than in these Standard Terms of Sale and also including the following limitations: Confidential Data shall not be sold to a third party or used for the any purpose other than for the reason it was disclosed (e.g., billing and/or invoicing. 9. Product Training. Stryker may provide technical training, including both initial training for new users and supplemental training for existing users, as needed to promote the safe and effective use of its Products sold to Customer. Such technical training will be provided for any health care practitioner who uses or intends to use the Product and is employed by, or is on the active medical staff of, Customer. If Stryker provides the technical training to a health care professional, it may pay for or reimburse the reasonable expenses, including meals, lodging and transportation, actually incurred by eligible recipients in connection with the technical training provided under this paragraph. Such training is not deemed a condition precedent to sale of the Products or Customer’s acceptance thereof. 10. Warranties, Return Policies and Maintenance. 10.1. In addition to Stryker’s current standard Product warranties, if applicable, Stryker warrants that: (i) it has good title to Products shipped directly to Customer, free of all liens, claims and encumbrances; and (ii) the Products, at the time of sale, meet applicable FDA clearance or approval (as applicable) necessary for commercial sale. Notwithstanding the foregoing clause (i), Customer agrees that Stryker will retain a purchase money security interest in the Products, and to any proceeds from the disposition of such Products, until the purchase price and other charges due Stryker have been paid in full. Upon any default by Customer hereunder, Stryker will have any and all rights and remedies of secured party under the Uniform Commercial Code which right will be cumulative. 10.2. THE EXPRESS WARRANTIES SET FORTH IN SECTION 11.1 AND STRYKER’S STANDARD PRODUCT WARRANTY ARE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS SOLD TO CUSTOMER AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRIGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 10.3. Products returned by Customer for credit, replacement and/or repair will be at Stryker’s sole discretion and in accordance Stryker’s applicable return policy. 10.4. Stryker’s standard Product warranties and return policies can be found at www.stryker.com/returnpolicy. Stryker’s Product warranties apply only to (i) the original end-user purchaser of Products directly from Stryker or its authorized distributors and (ii) Products manufactured by Stryker. Unless otherwise agreed to in writing by Stryker, non-Stryker Products are sold “as-is” with no warranty of any kind, express or implied. 10.5. In addition to Stryker’s standard Product warranties, service plans for repairs and maintenance may be purchased at any time for a number of Stryker’s capital equipment Products. These special service plans cover repair and/or maintenance that the designated piece of equipment may require during the term of the service plan contract. Specific service plan details are available through your local Stryker sales representative. Stryker’s service terms and conditions are set forth in Appendix 3 hereto. 10.6. Customer agrees that Stryker may monitor use of the Products, and services provided through the Products, by Customer and users and collect and use Stryker Data, including to compile information related to the provision, operation or use of a Product, facilitate the provision of support, consulting, training and other services, and verify compliance with the terms of this Standard Terms of Sale. Stryker may use and make publicly available, Stryker Data to the extent and in the manner permitted under applicable law. Stryker owns Stryker Data, and Customer grants Stryker a non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer’s Content incorporated within the Stryker Data. “Stryker Data” means any data relating to or arising from the business operations or plans, services and products of Stryker or the performance or use of the Products or that may aide Stryker in optimizing resources and support; may be used to improve products or services, may be used in research and development regarding products or services; may be used in verification of security and data integrity of products or services or in resource planning, industry trends, benchmarking, or contract administration (e.g., data used for sales compensation), and any Personal Information that is aggregated and not identified or identifiable to any individual. 11. Indemnity. 11.1. Stryker agrees to indemnify Customer from any third party liability (“Claims”) which Customer suffers directly as a result of: (i) a defect in workmanship of the Products that are manufactured by Stryker; or (ii) if applicable, a defect in the reprocessing services, for any Products that are subject to Stryker’s reprocessing services. This indemnification does not apply to Claims arising from: (a) an injury due to the negligence of any person other than an employee or agent of Stryker; (b) the failure of any person other than an employee or agent of Stryker to follow any labeling, manuals and/or instructions for use of the Products; (c) the use of any product (or any accessories) not purchased from Stryker; or (d) Product that has been modified, altered, or repaired by any person other than an employee or agent of Stryker. Customer agrees to indemnify Stryker against any Claims to the extent arising from (a) through (d) above due to the negligent acts or omissions of Customer or its officers, employees, representatives or agents. The rights and obligations relating to indemnification for any Claims relating to a Product are expressly defined only by these Standard Terms of Sale. 11.2. Stryker’s indemnification obligations under this Section 13 are conditioned on Customer promptly providing Stryker with timely written notice of any Claim for which indemnification is sought. Stryker will not agree to any settlement or compromise that imposes or results in any finding of fault or any restriction or obligation on the part of Customer without Customer’s prior written consent Page 3 of 8 V.3 (4.1.2025) (which will not be unreasonably withheld). 12.Insurance.12.1. Stryker will maintain general liability insurance, including coverage for products and completed operations liability, auto liabilityinsurance and workers’ compensation and employer's liability insurance subject to appropriate limits covering claims alleging negligence by or liability of Stryker that might arise out of Stryker’s execution under these Standard Terms of Sale. To the extent permitted by applicable laws and regulations, Stryker has the right to comply with this requirement through a program of self- insurance. When requested by Customer in writing, Stryker will furnish an insurance certificate or other documentation evidencing the insurance or self-insurance coverage required above. 12.2. Customer will maintain appropriate types of liability insurance subject to appropriate limits covering claims alleging negligence by or liability of Customer that might arise out of purchases of Products by Customer hereunder, including liability arising out of Customer's indemnity obligations set forth in Section 13 above. When requested by Stryker in writing, Customer will provide a certificate of insurance evidencing such coverage. 13.Limitation of Liability. STRYKER’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE STANDARD TERMS OF SALE(WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT, TORT, MISREPRESENTATION, FRAUD, NEGLIGENCE, STRICT LIABILITYOR ANY OTHER THEORY OF LAW) WILL NOT EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCTS MINUS DEPRECIATIONOR IN THE CASE OF SERVICES, SERVICE FEES PAID BY CUSTOMER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. NEITHER PARTY WILL BE ENTITLED TO, NOR WILL BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS OR REVENUE OR BUSINESS INTERRUPTION. 14.Confidentiality. Except as otherwise required by law, including but not limited to the California Government Code section 7920.00 et seq A., Stryker and Customer: (i) will hold in strictest confidence Product pricing, proposals, invoices and any information and materials whichare related to the business of the other or are designated as proprietary or confidential, herein or otherwise, or which a reasonable person would consider to be proprietary or confidential information; (ii) hereby covenant that, subject to Section 2.1, they will not disclose suchinformation to any third party without prior written authorization of the one to whom such information relates; and (iii) agree that any breach or threatened breach of this section may cause irreparable harm, that a remedy at law will be inadequate to remedy such a breach or threatened breach, and that this section will be enforceable by way of a restraining order or injunction, without the necessity of posting a bond, in addition to any other available legal remedies. 15.Default. In the event of Customer’s default in payment for the Products purchased hereunder, Customer will be responsible for all reasonable costs and expenses (including reasonable attorney’s fees) incurred by Stryker in collection of any sums owing by Customer, and Stryker will not be obligated to make any further deliveries to Customer. Should Customer elect to cancel its order, in whole or in part, Customer will be liable to Stryker for any non-refundable deposits and reasonable cancellation charges that will include, but not be limited to, all costs and expenses incurred by Stryker in connection with procuring and filling Customer’s purchase order. 16.Unavoidable Delay. If Stryker is not able to finish and deliver the Products to Customer on time because of anything that Stryker cannot control (such as act of God, casualty, labor trouble, accidents or unavailability of supplies or transportation), then the estimated delivery time will be extended accordingly, and Stryker will not be liable to Customer for any damages that the delay causes. 17.Compliance with Law; Not For Resale or Export. Customer represents and warrants that it: (i) will comply with all applicable laws and regulations of the various states and of the United States in the use of the Products; and (ii) is buying Product(s) for its internal use only, and not for resale or export. 18.Miscellaneous. These Standard Terms of Sale constitute the entire agreement between the Parties with respect to the purchase of Products, and any modification or amendments must be in writing and signed by both Parties. The Standard Terms of Sale are in lieu of and replace any and all terms and conditions set forth in any documents issued by Customer. In the event the Parties enter into a written agreement with respect to the purchase of Products and there is a conflict between the written agreement and these Standard Terms of Sale, the terms and conditions of such written agreement shall govern. Any additional, different, or conflicting terms and conditions on any such document issued by Customer at any time are hereby rejected by Stryker and will not be binding in any way on Stryker. Neither Party will transfer or assign any or all of its rights or interests, or delegate any of its obligations, hereunder, without the prior written consent of the other Party (which consent will not be unreasonably withheld); provided, however, Stryker may assign its rights orinterests, or delegate its obligations, in whole or in part, to any of its affiliates without the prior consent of Customer. The Standard Terms of Sale will be binding upon, will inure to the benefit of, and be enforceable by permitted successors and assigns of the Parties. The rights and remedies conferred under these Standard Terms of Sale apply only to Stryker and Customer and will not be construed to inure to the benefit of or provide any right of action to any other person, including without limitation any patient or third-party payor. In the event that any provision of these Standard Terms of Sale is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. These Standard Terms of Sale will be governed by and construed in accordance with the laws of the State of California as applicable to contracts made and to be performed in that state, without regard to conflicts of laws principles. 19.Professional Services. Stryker may provide professional services to Customer, including, but not limited to, consulting, advisory, program development and implementation and data analytics services. Such services are only provided to Customer, and governed by, separate services contracts entered into by Stryker and Customer and are not subject to these Standard Terms of Sale. Page 6 of 8 APPENDIX 3 - PROCARE SERVICES – TERMS AND CONDITIONS The terms of this Appendix 3 will apply to Customer’s purchase of Services as outlined in the Stryker Quote for Service (“Quote”). In the event of a conflict or inconsistency between the Standard Terms of Sale and this Appendix 3, relative to Service, this Appendix 3 will govern. 1.Service. Stryker will perform the repair and maintenance services (collectively, the “Services”) to Capital Equipment (“Equipment”) rendered in connection with the Quote. Stryker will perform the repair and maintenance services rendered in connection with the quote for a period of five years, beginning two years after the date of delivery ("Term").Stryker will send a delivery confirmation letter once delivery to Customer to document the delivery date. 2.Service Terms and Conditions. The Services will be subject to the ProCare Services Terms and Conditions set forth below. 3.Product Maintenance. Customer is required to adhere to the routine maintenance instructions provided by Stryker, its equipment and operations manuals, and accompanying labels and/or inserts for each item of Equipment. Customer covenants and agrees that its appropriate user personnel will follow the instructions and contents of those manuals, labels and inserts. 4.Warranty; Limitations of Warranty and Liability. During the Term, Stryker warrants, with the exception of software maintenance services, the following:4.1. Stryker has the experience, capability and resources to perform the Services, and Stryker further represents and warrants that the Services will be performed in a workmanlike manner and with professional diligence and skill; 4.2. Services will comply with all applicable laws and regulations and all applicable standards set forth by law or ordinance or established by the rules and regulations of any federal, state or local agency, department, commission, association or pertinent governing, accrediting or advisory body, including The Joint Commission having authority to set standards for healthcare facilities; 4.3. If the Services are to be performed on Customer’s premises, Stryker represents and warrants that Stryker will comply with all applicable safety laws and Customer’s then current safety and other applicable regulations, all human resource policies and health and drug and alcohol screening policies; provided that Customer has provided advance written notification of such rules, regulations and policies to Stryker; 4.4. Stryker currently has, or prior to the commencement thereof, will obtain, pay for, and maintain any and all licenses, fees, a nd qualifications required to perform the Services. 4.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER, AND STRYKER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO INSTANCE WILL STRYKER BE LIABLE TO CUSTOMER FOR INCIDENTAL, PUNITIVE, SPECIAL, COVER, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES OR COSTS. 5.Customer Obligations. Customer will use commercially reasonable efforts to cooperate with Stryker in connection with Stryker’s performance of the Services. Customer understands and acknowledges that Stryker employees will not provide surgical or medical advice, will not practice surgery or medicine, will not come in physical contact with the patient, will not enter the “sterile field” at any time, and will not direct equipment or instruments that come in contact with the patient during surgery. Customer’s personnel will refrain from requesting Stryker employees to take any actions in violation of these requirements or in violation of applicable laws, rules or regulations, Customer policies, or the patient’s informed consent. A refusal by Stryker employees to engage in such activities will not be a breach of the Standard Terms of Sale. Customer consents to the presence of Stryker employees in its operating rooms, where applicable, in order for Stryker to provide Services under the Standard Terms of Sale and represents that it will obtain all necessary consents from patients . 6.Limitations and Exclusions from Service. Notwithstanding any other provision set forth herein, the Services not covered under this Standard Terms of Sale as determined by Stryker in its sole discretion are as follows: (a) abnormal wear or damage caused by reckless or intentional misconduct, abuse, neglect or failure to perform normal and routine maintenance as set out in the applicable maintenance manual or operating instructions provided with the Equipment; (b) catastrophe, fire, flood or act(s) of God; (c) damage resulting from faulty maintenance, improper storage, repair, handling or improper use (including use of non-Stryker accessories or consumables),damage and/or alteration by non-Stryker-authorized personnel; (d) equipment on which any original serial numbers or other identification marks have been removed or destroyed; (e) damage caused as a result of the use of the Equipment beyond the useful life, if any, specified for such equipment in the user manual; (f) service Stryker cannot perform because the Equipment has been discontinued or its parts have been discontinued or made obsolete; (g) service to the Equipment if the Equipment or the Equipment site is contaminatedwith potentially infectious and/ or biohazardous substances; (h) Equipment that has been repaired or used with any unauthorized or non-Stryker components or by an unauthorized or non-Stryker third party; (i) any Services provided by Stryker Endoscopy do not include replacement lamps, fee-based software upgrades, voice control upgrades and disposable or consumable products or parts; (j) any Services provided by the Stryker Medical division do not include batteries (unless stated in Stryker's quote), mattresses, disposable items, IV poles or rust or corrosion damage; (k) any Services provided for Equipment used for Navigation does not include: (i) parts, labor & travel associated with hardware or instrument upgrades needed to accommodate software upgrades, and (ii) products associated with or required for use to accommodate software upgrades; or (l) any Services provided by Stryker Communications do not include surgical light replacement bulbs, documentation stations, fee-based software upgrades, service lines, mounting structures, upgrades/field modifications and disposable or consumable products or parts. Customer agrees to provide personal protective equipment (“PPE”) to OnSite/Clinical Page 7 of 8 Specialists. Notwithstanding anything else in this Standard Terms of Sale in the event Customer fails to provide appropriate industry- standard PPE to all OnSite/Clinical Specialists, as determined in Stryker’s sole discretion, then Stryker may immediately, in its sole discretion: (i) suspend the OnSite/Clinical Specialist Coverage until Customer provides such PPE; or (ii) terminate the applicable Service. 7.Indemnification.7.1. Stryker will indemnify Customer against any third party liability and/or damages (“Claims”) which Customer suffers directly as a result of bodily injury (including death) or property damage arising solely from the gross negligence or, willful misconduct of Stryker or its employees agents, or contractors in the course of providing Services. The foregoing indemnification will not apply to any Claims arising from: (i) an injury or damage due to the negligence of any person other than a Stryker employee or agent; (ii) the failure of any person other than a Stryker employee or agent to follow any instructions outlined in the labeling, manual, and/or instructions for use of the Equipment; (iii) the use of any equipment or part not purchased from Stryker; or (iv) any equipment or any part thereof that has been modified, altered or repaired by any person other than Stryker’s employee or agent. Customer agrees to indemnify and defend Stryker against any Claims arising from (i) through (iv) above due to the negligent acts or omissions of Customer or its officers, employees, representatives or agents. 7.2. Stryker’s indemnification obligations under this Section 7 are conditioned on Customer promptly providing Stryker with timely written notice of any Claim for which indemnification is sought. Stryker will not agree to any settlement or compromise that imposes or results in any finding of fault or any restriction or obligation on the part of Customer without Customer’s prior written consent (which will not be unreasonably withheld). 8.Return of Instrumentation or Equipment. In the event instrumentation (“Instrumentation”) or Equipment provided to Stryker contains patient information (“PHI”), such PHI should be removed before servicing. Moreover, PHI is not needed in order to properly repair any Instrumentation or Equipment provided by Customer. Stryker is not responsible for and may not be held liable for the integrity or security of any PHI contained on any Instrumentation or Equipment. 9.Confidentiality. Except as otherwise required by law, including but not limited to the California Government Code section 7920.00 et seq., Stryker and Customer: (i) shall hold in confidence this Standard Terms of Sale and any information and materials which are related to the business of the other or are designated as proprietary or confidential, herein or otherwise, or which a reasonable person wouldconsider to be proprietary or confidential information; and (ii) hereby covenant that they shall not disclose such information to any third party without prior written authorization of the one to whom such information relates. The rights and remedies available to a Partyhereunder shall not limit or preclude any other available equitable or legal remedies. 10. Non-Solicitation and Non-Hire. Customer agrees that, during the Term and for a period of one (1) year following Service, it will not solicit any employees of Stryker to terminate their employment with Stryker, unless Stryker consents in writing. 11.Background Check. Stryker warrants that all of its employees who will be on a Customer’s premises to perform Services will have undergone a criminal background check as part of Stryker’s hiring practice. The background check consists of the following: •Education verification, which includes a review of employee’s submitted educational institutions to ensure proper accreditation; •Employment history verification; •SSN trace, including address history verification; •OFAC Watch List search, including a search of global terrorist and national drug trafficker lists; •FDA Debarment and Disqualified/Restricted List search; •OIG/HHS Exclusion List check; •EPLS/GSA Exclusion List check; •Criminal history search, including a National Criminal Database (NCD) search and a national sex offender registry search and a search of all jurisdictions where the employee has lived or worked during the last seven years; and •Motor vehicle check During the Term, a Customer may request a meeting with Stryker to review the performance, behavior or expectations of Stryker service personnel who are assigned to provide service at Customer’s facility. Any Stryker service personnel who willingly and knowingly violate Customer’s rules, regulations, procedures, or policies may be removed from Customer’s facility at Customer’s option and will be replaced by Stryker promptly. 12.Parts and Subcontracting. Stryker may elect to use new or used parts related to the Services in its sole discretion. Stryker reserves the right to hire subcontractors to perform the Services. 13.Independent Contractor. The relationship between the Parties is that of independent contractors. It is mutually agreed that Stryker isat all times acting and performing as an independent contractor with respect to Customer, and nothing is intended nor shall be construedto create an employer/employee relationship between Stryker and Customer. It is agreed that any person employed by Stryker to perform hereunder shall not be deemed to be an employee of Customer, and Stryker and Stryker’s employees, agents or representatives shall notbe, or represent themselves to be, officers, employees, agents or representatives of Customer. Page 8 of 8 IN WITNESS WHEREOF, the parties’ duly authorized representatives have agreed to these terms and conditions on the dates written below. Stryker Corporation County of Contra Costa on behalf of the Contra Costa Regional Medical Center Stryker Corporation ***** 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4387 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director and the Health Services Director on September 11 and 29, 2025, 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:1. Provider Lists-September 11 and 29, 2025 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, 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 September 11 and 29, 2025, 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 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 1/2/2026Page 1 of 1 powered by Legistar™ Contra Costa Health Plan Providers Approved by Medical Director September 11, 2025 CREDENTIALING PROVIDERS SEPTEMBER 2025 Name Specialty Al-Marsumi, Hadeel, MD Endocrinology Anoushiravani, Afshin, MD Surgery - Orthopaedic Autrey-Madden, Monica, LMFT, PsyD Behavioral Health Barnes, Bryn, BCBA Qualified Autism Provider Chan, Chia-Hua, DC Chiropractor Collaso, Juliana, APCC Behavioral Health Daisa, Nicole, NP Mid-Level Surgery - General De Dios, Diode, LCSW Behavioral Health Rappoport, Lina, LMFT Behavioral Health Rodriguez, Alma, BCBA Qualified Autism Provider Romano, Lorraine, BCBA Qualified Autism Provider Saenz, Daniela, SLP Speech Pathology Salas Medina, Laura, AMFT Behavioral Health Semaan, Sarah, MD Dermatology Sexton, Naysha, BCBA Qualified Autism Provider Silva, Stephanie, ACSW Behavioral Health Smith, Theresa, SLP Speech Pathology Sumner, Sarah, BCBA Qualified Autism Provider Vianu, Ian, LMFT Behavioral Health Weiss, Samantha, LCSW Behavioral Health INITIAL ORGANIZATIONAL PROVIDERS SEPTEMBER 2025 Provider Name Provide the Following Services Location JH Community Services LLC Community Supports New York RECREDENTIALING PROVIDERS SEPTEMBER 2025 Name Specialty Abrahamson, Lauren, NP Mid-Level OB/GYN Berry, Ashley, PsyD Behavioral Health Carroll, Phyllis, NP Mid-Level Family Medicine Chow, David, MD Physical Medicine & Rehabilitation/ Pain Medicine Contra Costa Health Plan Providers Approved by Medical Director September 11 and 29, 2025 RECREDENTIALING PROVIDERS SEPTEMBER 2025 Name Specialty Enz, Jose, MD Pediatrics Fong, Karen, MD Otolaryngology Kaur, Parveen, MD Urgent Care Kirkpatrick, Haley, DNP Mid-Level Orthopaedic Surgery Assistant Kronick, John, MD Surgery – Orthopaedic Muto-Isolani, Antonio, MD Wound Care Nemes, Christopher, MD Psychiatry Nyamora, Cory, PsyD Behavioral Health Patel, Nilam, BCBA Qualified Autism Provider Seaver, Margaret, MD Hematology/Oncology Shalaby, Mostafa, MD Pulmonary Disease Sharma, Gauri, DO Hematology/Oncology RECREDENTIALING ORGANIZATIONAL PROVIDER SEPTEMBER 2025 Provider Name Provide the Following Services Location Excell Health Care Center Skilled Nursing Facility Oakland Shields El Cerrito Nursing Center Skilled Nursing Facility El Cerrito Shields Richmond Nursing Center Skilled Nursing Facility Richmond Providers Approved by Medical Director September 29, 2025 CREDENTIALING PROVIDERS SEPTEMBER 2025 Name Specialty Addonizio, Ornella, MD Psychiatry Ali, Laura, BCBA Qualified Autism Provider Carlos, Claudia, AMFT Behavioral Health Chadderton, Morgan, NP Mid-Level Psychiatry Chua, Remington Stanley, NP Podiatry Diaz Hernandez, Rocio, LMFT Behavioral Health Ferguson, Makenna, AMFT Behavioral Health Ganem, Ashley, APCC Behavioral Health Contra Costa Health Plan Providers Approved by Medical Director September 11 and 29, 2025 CREDENTIALING PROVIDERS SEPTEMBER 2025 Name Specialty Garofalo, Ethan, PA Mid-Level Psychiatry Harrison, Kelsey, AMFT Behavioral Health Hernandez, Soledad, ACSW Behavioral Health Johnson, Theresa, ACSW Behavioral Health Karwacki, Andrzej, LMFT Behavioral Health Kim, Christine, LPCC Behavioral Health Kissinger, Starla, ACSW Behavioral Health Kung, Evelyn, BCBA Qualified Autism Provider Leasure, Jordyn BCBA Qualified Autism Provider Lev, Eliot, ACSW Behavioral Health Lira, Victoria, AMFT Behavioral Health Livingston, Ian, LPCC Behavioral Health Londono, Laura, PA Mid-Level Psychiatry Lopez, Felize, ACSW Behavioral Health Lu, Andrew, AMFT Behavioral Health Maciel, Crystal, PA Mid-Level Psychiatry Marquez, Consuelo, AMFT Behavioral Health Mendoza, Samuel, AMFT Behavioral Health Merchant, Reema, BCBA Qualified Autism Provider Mojarro, Rachael, LMFT Behavioral Health Musawwir, Angelene, LCSW Behavioral Health Nuno, Stephanie, AMFT Behavioral Health Patterson, Jennifer, NP Mid-Level Family Medicine Perez, Daniel, LMFT Behavioral Health Plath, Tanya, AMFT Behavioral Health Rivard, Serena, BCBA, M.Ed. Qualified Autism Provider Robertson, Elizabeth, LMFT Behavioral Health Rowley, Robert, MD Family Medicine Schrogin, Julia, NP Mid-Level Family Medicine Silvey, Christopher, LCSW Behavioral Health Smith, Anna, PA Mid-Level Psychiatry Starr, Isaiah, LPCC Behavioral Health Steffens, Gina, ACSW Behavioral Health Troitskaia-Williams, Svetlana, MD Psychiatry Wall, Amanda, CNM Certified Nurse Midwife Zarazua, Melizza, ACSW Behavioral Health Contra Costa Health Plan Providers Approved by Medical Director September 11 and 29, 2025 RECREDENTIALING PROVIDER SEPTEMBER 2025 Name Specialty Dosanjh, Amarjit, MD Surgery – Plastic Jumper, James, MD Ophthalmology Tremmel-Howell, Kelly, AUD Audiology Zheng, Yi, MD Gastroenterology RECREDENTIALING ORGANIZATIONAL PROVIDER SEPTEMBER 2025 Provider Name Provide the Following Services Location Bay Area Dental Surgery Center Surgery Center Milpitas bopl-September 11 and 29, 2025 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4388 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Abridge AI Inc, in an amount not to exceed $2,180,080 for a hosted ambient clinician conversation documentation software system and maintenance and support services for Contra Costa Health for the period November 1, 2025 through October 31, 2028 and for successive one year terms thereafter until terminated. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title: Contract #23-883 with Abridge AI 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, Master Service Agreement (Contract #23-883)with Abridge AI Inc.,a corporation,in an amount not to exceed $2,180,080,for a hosted ambient clinician conversation documentation software system and maintenance and support services for Contra Costa Health (CCH)for the period November 1,2025 through October 31,2028, and for successive one (1) year terms thereafter until terminated under the agreement. FISCAL IMPACT: This Contract will result in contractual service expenditures of up to $2,180,080 over a three-year period and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: This Contract meets the needs of CCH by providing a clouded-hosted ambient clinician conversation documentation platform.CCH credentialed clinicians spend time after each patient visit documenting the encounter and creating a complete note.The latest developments in Artificial Intelligence (AI)enable AI to listen to an audio recording of a clinical conversation and draft a note,which the provider can curate.The Abridge Platform provides the County and its credentialed clinicians healthcare providers access to Encounter Data,the recorded conversations made by CCH credentialed clinicians using the Abridge Platform with a patient,as well as transcripts and other information related to the conversation between credentialed clinicians and patients,including (a)audio recordings collected through the Abridge Platform,(b)transcripts of such recordings generated by the Abridge Platform,and (c)notes generated by the Abridge Platform based on such transcripts.On January 10,2025,after a competitive bid process,Contra Costa County Public Works Department issued a Notice of Intent to Award Contract for AI scribe solution to Abridge AI Inc. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4388,Version:1 This Contract will provide a cloud-hosted clinician conversation documentation platform to support the dictation needs of CCH.A summary of service contract deliverables,including measurable outcomes required of the vendor to be monitored by the department in compliance with Section III(B)(7)of the Purchasing Policy include CCH’s access patient scheduler,transcript and note,and Inside for Emergency Medicine.This Contract was approved by Contra Costa Health Personnel to ensure there was no conflict with labor relations. Under new Contract (#23-883),the parties will execute Abridge AI Inc Master Service Agreement (including the County's Health Insurance Probability and Accountability Act of 1996 (HIPAA)Business Associate Addendum,and a Statement of Work).Under Abridge AI Inc’s Master Service Agreement,Abridge AI Inc’s liability is limited to the amounts paid by County to Abridge in the twelve (12)months preceding the claim, except that the limitation of liability does not apply to Abridge AI Inc.’s indemnity obligations under the Abridge AI Inc Master Service Agreement or a claim for a breach of County or patient data,the latter of which is capped at $3,000,000.The term of this Contract is from the effective date and will automatically renew for successive one-year terms,or with the expiration of the last Statement of Work or Order Form as provided under the Contract.Under the Abridge AI Inc Master Service Agreement,the County is obligated to indemnify and defend Abridge AI Inc against third party claims arising from County’s breach of the Agreement,County’s failure to comply with law, or County’s breach of a third party’s intellectual property rights. Under new Contract #23-883 Contractor will provide services to CCH Information Technology Systems Unit for the period September 1,2025 through October 31,2028.Thereafter,the Contract renews for successive one (1) year terms unless terminated by either party, per the terms of the agreement. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,CCH credentialed clinicians will continue to manually document clinical conversations with patient, resulting in the dilution of patient care. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4389 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Fred Finch Youth Center, in an amount not to exceed $477,861 to provide a full-service partnership program under the Mental Health Services Act and mental health services for transitional age youth for the period July 1, 2025 through June 30, 2026. (100% Mental Health Services Act) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #74-304-17 with Fred Finch Youth 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 the County Contract #74-304-17 with Fred Finch Youth Center, a non-profit corporation, in an amount not to exceed $477,861, to provide a full-service partnership (FSP) program under the Mental Health Services Act (MHSA) and mental health services for Transitional Age Youth (TAY), for the period July 1, 2025 through June 30, 2026. FISCAL IMPACT: Approval of this Contract will result in annual budgeted expenditures of up to $477,861 for FY 2025-26 and will be funded 100% by MHSA revenues. BACKGROUND: This Contract meets the social needs of County’s population by providing implementation of MHSA Community Services and FSP Supports Program, including providing community-based services, personal services coordination, medication support, crisis intervention, and other mental health services to eligible young adults ages sixteen (16) to twenty-five (25) with serious mental illness (SMI) in Contra Costa County. The Contractor has been providing these services and fostering a deep understanding of our organization’s mission, value, and long-term objectives since March 1, 2007. This Contract is entered into under and subject to the following legal authorities: Welfare and Institutions Code, § 5600 et seq. (The Bronzan-McCorquodale Act); California Code of Regulations (“CCR”), Title 9, § 523 et seq. (Community Mental Health Services) and California Government Code §§ 26227 and 31000. The Behavioral Health’s Quality Management, Utilization Management and Contract Monitor Staff meet on a CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4389,Version:1 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. This provider was selected in collaboration with community stakeholder advisory bodies and was approved as part of the comprehensive MHSA Three-Year Plan as required by State regulation. Providers interested in providing specialized services were invited proactively to participate in program development and offered the opportunity to submit interest at dozens of publicly noticed meetings. The services and vendors were identified in the formal Three-Year plan was approved on the following schedule that was noticed to the public and approved by the Board on August 1, 2023. The Three-Year Plan was posted for public comment from June 5, 2023 through July 5, 2023, and a Public Hearing was held at the Mental Health Commission meeting on July 5, 2023. The Plan was approved by the Board of Supervisors on August 1, 2023. On September 24, 2024, the Board of Supervisors approved Contract #74-304-16 with Fred Finch Youth Center, in an amount not to exceed $365,254, to provide mental health services to TAY under the MHSA for the period July 1, 2024 through June 30, 2025. Approval of Contract #74-304-17 will allow the Contractor to continue providing services through June 30, 2026. Contract delay was due to extended negotiation of Contract terms between Division and Contractor. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, MHSA TAY services and FSP support programs will be delayed leading to reduced level of services for County’s mental health clients. CHILDREN’S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “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 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4390 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Crestwood Behavioral Health, Inc., in an amount not to exceed $900,000 to provide skilled nursing facility services for Contra Costa Health Plan members and County recipients for the period June 1, 2025 through May 31, 2028. (100% Contra Costa Health Plan Enterprise Fund II) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #77-565-1 with Crestwood Behavioral Health, 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 #77-565-1 with Crestwood Behavioral Health,Inc.,a corporation,in an amount not to exceed $900,000,to provide skilled nursing facility (SNF)services for Contra Costa Health Plan (CCHP)members and County recipients for the period June 1, 2025 through May 31, 2028. FISCAL IMPACT: Approval of this Contract will result in contractual service expenditures of up to $900,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II. BACKGROUND: CCHP has an obligation to provide certain specialized SNF services for its members under the terms of their Individual and Group Health Plan membership contracts with the County.Members are released from the hospital to recover at an SNF until they are well enough to be sent home.These services include but are not limited to:twenty-four (24)hour medical care,social service and case management coordination,wound care, respiratory therapy,nasogastric and gastric tube feeding,physical and speech therapy services.This Contractors proven track record and established reputation within the medical community mitigates potential risks as- sociated with CCHP’s success and patient wellbeing.This Contractor has been a member in CCHP Provider Network providing SNF services and fostering a deep understanding of the CCHP organizations mission, values, and long-term objectives since June 1, 2023. 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 CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4390,Version:1 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.These contracted services were determined to be exempt from Administrative Bulletin 600.3 solicitation requirements by the Public Works Department’s Purchasing Division. On June 13,2023,the Board of Supervisors approved Contract #77-565 with Crestwood Behavioral Health, Inc.,in an amount not to exceed $2,400,000 for the provision of SNF services for Contra Costa Health Plan members and County recipients for the period June 1, 2023 through May 31, 2025. Approval of Contract #77-565-1 will allow the Contractor to continue to provide SNF services for CCHP members and County recipients for the period through May 31,2028.This Contract is delayed due to the Division not receiving the required contract documents from the Contractor in a timely manner. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,certain specialized SNF services for CCHP members under the terms of their Individual and Group Health Plan membership contract with the county will not be provided and may cause members to endure longer wait times. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4391 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Rainbow Community Center of Contra Costa County, in an amount not to exceed $940,693 to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services for the Lesbian, Gay, Bisexual, Transgender, Queer, Questioning and Intersex+ population in Contra Costa County for the period July 1, 2025 through June 30, 2026. (100% Mental Health Services Act Prevention and Early Intervention) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Contract #74-375-16 with Rainbow Community Center of Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County Contract #74-375-16 with Rainbow Community Center of Contra Costa County,a non-profit corporation,in an amount not to exceed $940,693,to provide Mental Health Services Act (MHSA)Prevention and Early Intervention (PEI)services to the Lesbian,Gay,Bisexual,Transgender,Queer,Questioning and Intersex+ (LGBTQI+) population in Contra Costa County for the period July 1, 2025 through June 30, 2026. FISCAL IMPACT: Approval of this Contract will result in annual budgeted expenditures of up to $940,693 for FY 2025-26 and will be funded 100% by MHSA-PEI revenues. BACKGROUND: This Contract meets the social needs of the County’s population by providing a community-based social support program designed to decrease isolation,depression and other risk factors among members of the LGBTQI+community residing in Contra Costa County.The Contractor has been providing these services since July 1,2009.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. This provider was selected in collaboration with community stakeholder advisory bodies and was approved as part of the comprehensive Mental Health Services Act Three-Year Plan as required by State regulation. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4391,Version:1 part of the comprehensive Mental Health Services Act Three-Year Plan as required by State regulation. Providers interested in providing specialized services were invited proactively to participate in program development and offered the opportunity to submit interest at dozens of publicly noticed meetings.The services and vendors were identified in the formal Three-Year plan was approved on the following schedule that was noticed to the public and approved by the Board on August 1,2023.The Three-Year Plan was posted for public comment from June 5,2023 through July 5,2023,there was a Public Hearing at the Mental Health Commission meeting on July 5, 2023, and it was approved by the Board of Supervisors on August 1, 2023. On July 23,2024,the Board of Supervisors approved Contract #74-375-15 with Rainbow Community Center of Contra Costa County,in an amount not to exceed $895,898,for the provision of MHSA PEI services for the LGBTQI+ population in Contra Costa County for the period July 1, 2024 through June 30, 2025. Approval of Contract #74-375-16 will allow the Contractor to continue providing MHSA PEI services through June 30,2026.This Contract is delayed due to the Division not receiving the required contract documents from the Contractor in a timely manner. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved,MHSA PEI services and support programs for the County’s mental health clients within the LGBTQI+ community in Contra Costa County will be reduced. 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 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4392 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ACCEPT the Los Medanos Health Advisory Committee recommendations for Los Medanos Health Area Grants for 2025-2027. (100% Los Medanos Community Health Area Tax funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Los Medanos Health Advisory Committee Recommendations for the 2025-2027 Los Medanos Area Grants ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ACCEPT the Los Medanos Health Advisory Committee (LMHAC) recommendations for the Los Medanos Health Area Grants for 2025-2027. FISCAL IMPACT: Approval of these actions would allocate no more than $2,934,000 from the Los Medanos Health Area property tax revenues to community programs within the health area boundaries. There is no fiscal impact to the County General Fund. BACKGROUND: The Los Medanos Health Advisory Committee is tasked with soliciting proposals from service providers that are interested in participating in the Los Medanos Area Health Plan Grant Program (the "Grant Program") and are capable of addressing the priorities outlined in the adopted plan. Funding for grants will be provided from (i) a special fund established by the Auditor Controller, at the direction of the Board of Supervisors, that is used to segregate the property tax revenue received by the County as a result of the dissolution of the District, and (ii) any other funds made available to the grant program (e.g. through restricted donations, grants, etc.). The Los Medanos Health Advisory Committee has developed five priority areas for the Los Medanos Health Area. On October 2, 2023, staff reported to the Los Medanos Healthcare Operations Committee on the health priorities and the Grant RFP process. The LMHAC’s Grant Program will support activities that meet one of the program goals listed below. 1)Improve the availability of and/or access to affordable healthcare services (e.g., elder care, health CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:25-4392,Version:1 related clinics, and linkage to care). 2)Provide mental health awareness, education, and prevention programs (e.g., depression, anxiety, stress, and suicide prevention). 3)Provide awareness, education, and prevention programs targeted at chronic disease (e.g., cardiovascular disease, diabetes, asthma, food insecurity). 4)Provide service or access programs for the unhoused, prioritizing families and children. 5)Provide substance use awareness, education, and prevention programs (alcohol, drugs and tobacco). On April 18th, 2025 staff received 66 proposals for review by the advisory committee. On June 17th and 18th 63 proposals were publicly presented by each agency to the advisory committee. On June 24th, 2025, the advisory committee, approved a recommendation of 28 grants for health service programs in the Los Medanos Health Area. On September 9th, 2025 at a regularly scheduled meeting the Advisory Committee approved 3 additional agencies for grant consideration. On October 6, 2025 at a regularly scheduled meeting the Advisory Committee presented their recommendations to the Los Medanos Healthcare Operations Committee. The Operations Committee approved the recommendation and are forwarding it to the Board of Supervisors for final review and approval. Below are the Community Based Organizations recommended under this action and their proposed contract limits: Agency Program Name Amount Requested 18 Reasons Cooking Matters and Food as Medicine $100,000.00 Bridge Builders to the New Generation Change the Narrative: A Healing Centered Mental Health and SEL Program $100,000.00 CC Family Justice Center Telecare Program $100,000.00 Center for Human Development Healthy Eating Challenge $100,000.00 City of Pittsburg Senior Mental Health Services $100,000.00 City of Pittsburg Twilight Hoops $100,000.00 Cypress Resilience Project Mental Health Education and Crisis Intervention $99,998.00 Dentists On Wheels Sustaining Smiles: Strengthening Volunteer -Led Care with Dental Staffing $100,000.00 Family Harvest Farm Family Harvest Farm Youth Apprenticeship $50,000.00 Food Bank of CCS Community Produce Program $100,000.00 Full Circle of Choices Be Well Initiative $51,286.00 Healthy Hearts Community Healing and Resilience $100,000.00 Her Story is Mine Healthy & Thriving Initiative $100,000.00 Hijas del Campo LHMA Promotora de Salud $85,276.00 John Muir Health Improving Access to Preventative Care $100,000.00 La Concordia Wellness Center La Concordia Comprehensive Care Initiative $100,000.00 Loaves & Fishes CC Nourishing lives in East CC $100,000.00 MDUSD - Bel Air Health Education $26,384.55 MDUSD - Delta View Health Education $24,721.49 MDUSD - Rio Vista Health Education $29,939.33 MDUSD - Riverview Health Education $43,899.08 MDUSD - Shore Acres Health Education $27,707.80 Monument Impact Mentes Positivas en Accion $100,000.00 NAMI Building Mental Health Friendly Faith Communities $100,000.00 Opportunity Junction Health Career Pathways $100,000.00 People Who Care Children Assoc.Therapeutic Journey $100,000.00 St. Vincent de Paul Free Clinic $100,000.00 St. Vincent de Paul Free Food Pantry $100,000.00 Stand for Families Free of Violence Violence Intervention & Prevention @ Pittsburg High School $100,000.00 Stand for Families Free of Violence Nonviolence program Breaking the cycle of domestice violence $100,000.00 The Bay Compassion Clean Start Homeless Outreach $100,000.00 Ujima Family Services Substance Use Awareness and Early Intervention Program $100,000.00 United Latino Voices Staying Strong & Healthy: LatinX $94,787.00 White Pony Express Food Rescue Program $100,000.00 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:25-4392,Version:1 Agency Program Name AmountRequested18 Reasons Cooking Matters and Food as Medicine $100,000.00Bridge Builders to the NewGeneration Change the Narrative: A Healing CenteredMental Health and SEL Program $100,000.00CC Family Justice Center Telecare Program $100,000.00Center for Human Development Healthy Eating Challenge $100,000.00City of Pittsburg Senior Mental Health Services $100,000.00City of Pittsburg Twilight Hoops $100,000.00Cypress Resilience Project Mental Health Education and CrisisIntervention $99,998.00Dentists On Wheels Sustaining Smiles: Strengthening Volunteer-Led Care with Dental Staffing $100,000.00Family Harvest Farm Family Harvest Farm Youth Apprenticeship $50,000.00Food Bank of CCS Community Produce Program $100,000.00Full Circle of Choices Be Well Initiative $51,286.00Healthy Hearts Community Healing and Resilience $100,000.00 Her Story is Mine Healthy & Thriving Initiative $100,000.00 Hijas del Campo LHMA Promotora de Salud $85,276.00 John Muir Health Improving Access to Preventative Care $100,000.00 La Concordia Wellness Center La Concordia Comprehensive Care Initiative $100,000.00 Loaves & Fishes CC Nourishing lives in East CC $100,000.00 MDUSD - Bel Air Health Education $26,384.55 MDUSD - Delta View Health Education $24,721.49 MDUSD - Rio Vista Health Education $29,939.33 MDUSD - Riverview Health Education $43,899.08 MDUSD - Shore Acres Health Education $27,707.80 Monument Impact Mentes Positivas en Accion $100,000.00 NAMI Building Mental Health Friendly Faith Communities $100,000.00 Opportunity Junction Health Career Pathways $100,000.00 People Who Care Children Assoc.Therapeutic Journey $100,000.00 St. Vincent de Paul Free Clinic $100,000.00 St. Vincent de Paul Free Food Pantry $100,000.00 Stand for Families Free of Violence Violence Intervention & Prevention @ Pittsburg High School $100,000.00 Stand for Families Free of Violence Nonviolence program Breaking the cycle of domestice violence $100,000.00 The Bay Compassion Clean Start Homeless Outreach $100,000.00 Ujima Family Services Substance Use Awareness and Early Intervention Program $100,000.00 United Latino Voices Staying Strong & Healthy: LatinX $94,787.00 White Pony Express Food Rescue Program $100,000.00 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Community Based Organizations listed herein will not be able to provide the proposed health related services and programs to residents of the Los Medanos Health Area. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4393 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $23,619 to Forward Advantage Holdings, Inc. for additional software maintenance and support services provided to Contra Costa Health’s Information Systems Unit for the period March 1, 2024 through October 29, 2025, as recommended by the Health Services Director. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Payments for Services Provided by Forward Advantage Holdings, Inc ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Auditor-Controller,or designee,to pay $23,619 to Forward Advantage Holdings,Inc,a corporation,for additional network log-in software licenses,maintenance,and support for Contra Costa Health’s (CCH)Information Systems Unit provided during the period March 1,2024 through October 29, 2025, as recommended by the Health Services Director. FISCAL IMPACT: Approval of this payment will result in a one-time expenditure of $23,619 and will be funded 100%by Hospital Enterprise Fund I revenues. BACKGROUND: This Contract meets the needs of the County by providing licenses,software maintenance and support for CCH’s Information Systems Unit’s Information Management Program.This Program requires secure and efficient access to County computer systems for CCH hospitals and clinic staff,allowing a practical means for staff to electronically sign controlled substance medication orders within Epic CCH’s electronic medical records system.Imprivata OneSign SSO offers a multi-factor authentication,Single Sign-On (SSO)solution that improves security and workflow when accessing information systems.iGel Technology Corporation’s E- Prescribing (EPCS)allows doctors to prescribe medicine using a Token ID &a Windows ID in Epic and provides robust identification capabilities when electronically prescribing controlled substances.Forward Advantage Holdings is also the authorized reseller of iGel Technology Corporation Workspace Edition (OS 11 & UMS) Solution, which serves as the clinical desktop used for all patient care. On December 7,2021,the Board of Supervisors approved Purchase Order #24056 with Forward Advantage, Inc.,for the renewal of CCH’s Imprivata Single Sign On (SSO)and Confirmation ID for Electronic PrescribingCONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:25-4393,Version:1 Inc.,for the renewal of CCH’s Imprivata Single Sign On (SSO)and Confirmation ID for Electronic Prescribing of Controlled Substances (EPCS) software licensing for CCH Information Systems Unit. In November 2022,the County Administrator approved,and the Purchasing Services Manager executed Contract #23-612-3 with Forward Advantage,Inc.,in an amount not to exceed $167,468,for the provision of software maintenance and support services to CCH’s Information Systems Unit,for the period November 1, 2022 through October 31, 2024. In April 2023,the County Administrator approved,and the Purchasing Services Manager executed a Consent to Assignment and Amendment (County Contract #23-612-6)with Forward Advantage Holdings,Inc,effective April 26,2023,to amend the agreement,reassigning it from Forward Advantage Inc to Forward Advantage Holdings, Inc, with no change in the term ending October 31, 2024. On October 22,2024,the Board of Supervisors approved Contract Amendment/Extension #23-612-7 with Forward Advantage Holdings,Inc.,effective October 22,2024,to increase the payment limit by $97,780 to a new payment limit of $265,248 and to extend the termination date from October 31,2024 to October 29,2025 for additional software maintenance and support for CCH’s Information Systems Unit. CCH’s Information Systems received Invoice #82250 dated January 2025,for OneSign SSO Annual Premium maintenance and support,which exceeds the Contract payment limit of $265,248 by $23,619.Invoice #82250 corrects Forward Advantages,omitting the billing of service under Invoice #81978 for software maintenance and support period March 1,2024,through October 29,2025,during which time Forward Advantage provided services under the County,under Contract Amendment #23-612-7;however,the payment limit and term in the invoice exceed that of Contract Amendment #23-612-7. The Contractor is entitled to payment for the reasonable value of its 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 Contractor 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 $23,619. CONSEQUENCE OF NEGATIVE ACTION: If this payment is not approved,the Contractor will not be paid for services requested by County and provided by Contractor in good faith. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:25-4393,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4286 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:Acting as the governing board of the Contra Costa Housing Authority, ACCEPT the evaluation panel recommendation and AUTHORIZE the Housing Authority Executive Director to execute a contract with Zen Development Corporation and Structure Development Advisors, LLC, in an amount not to exceed $158,000 to provide financial consulting services for the Housing Authority’s Portfolio Refinance and Repositioning, Capital Improvement, and New Construction Plan for the period October 22, 2025 to October 22, 2027, with an option to extend one year. (Budgeted) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Executive Director Report Title:ACCEPT THE RECOMMENDATION OF THE SELECTION PANEL FOR REQUEST FOR PROPOSALS NO. RFP-25127-328, PUBLIC HOUSING REPOSITIONING FINANCIAL CONSULTANT SERVICES, AND AUTHORIZE THE EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH ZEN DEVELOPMENT CORPORATION AND STRUCTURE DEVELOPMENT ADVISORS LLC. IN AN AMOUNT NOT TO EXCEED $158,000 TO PROVIDE FINANCIAL CONSULTING SERVICES FOR THE HOUSING AUTHORITY’S PORTFOLIO REFINANCE AND REPOSITIONING, CAPITAL IMPROVEMENT, AND NEW CONSTRUCTION PLAN ☐Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Accept the recommendation of the evaluation panel for RFP No. RFP-25127-328, Public Housing Repositioning Financial Consultant Services, and authorize the Executive Director to enter into a contract with Zen Development Corporation (“ZDC”) and Structure Development Advisors LLC (“Structure”) in an amount not to exceed $158,000 to provide financial consulting services for the Housing Authority’s Portfolio Refinance and Repositioning, Capital Improvement, and New Construction Plan. BACKGROUND: For decades, federal funding for the public housing program has been inconsistent and insufficient to meet the capital and operating needs of agencies nationwide. HACCC, like many housing authorities, faces a significant backlog of capital improvements and a lack of stable resources to ensure the long-term sustainability of its public housing portfolio. The repositioning of the Las Deltas Public Housing development demonstrated the value of leveraging federal repositioning tools to preserve affordable housing opportunities while unlocking new resources for redevelopment. Following that success, HACCC now seeks to apply similar strategies across its broader public housing portfolio to ensure that units remain viable, safe, and affordable for the families we CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4286,Version:1 serve. To support this work, HACCC issued RFP No. RFP-25127-328 seeking a qualified financial and development consultant to assist in developing and implementing a Portfolio Refinance and Repositioning, Capital Improvement, and New Construction Plan. The selected consultant will evaluate HACCC’s portfolio, analyze feasible repositioning options (including RAD, Section 18 disposition, voluntary conversion, and Faircloth-to- RAD), and recommend strategies that best meet the agency’s long-term sustainability needs. The consultant will also provide financial modeling, guide HACCC through HUD-required milestones, and support communications with HUD, funders, and stakeholders. HACCC received eight proposals in response to the RFP. After review and scoring, the two highest-ranked firms were invited to interviews. Following interviews and final scoring, the evaluation panel recommended ZDC and Structure as the most qualified team. ZDC and Structure have a strong track record of helping clients reposition affordable housing assets. Structure is an expert in HUD programs and public housing repositioning, having helped dozens of clients reposition their assets and portfolios, and ZDC is an expert in California affordable housing, including complicated rehabilitation projects using low-income housing tax credits and tax-exempt bonds. Additionally, Forward City Labs, a certified DBE, SBE and MWBE enterprise, will be a subcontractor to perform a land use study to determine if there is development potential on any of the 11 sites, or whether existing zoning allows for additional units to be added through the repositioning. ZDC and Structure will collaborate on this engagement with their respective expertise and working relationship from past engagements as the foundation for delivering the Repositioning Plan to HACCC. Their plan includes an analysis of the properties and potential repositioning pathways to determine financially feasible outcomes for each property or groupings of properties, and a presentation of their findings along with the considerations, which may include advantages or disadvantages related to timing, process, and economics for HACCC. The Repositioning Plan will include recommendations to HACCC for the best strategy for each property, or grouping of properties, that result in the optimal financial outcome for HACCC as well as for the tenants. It will also include a budget, timeline, and resource requirements from HACCC to implement the Repositioning Plan. FISCAL IMPACT: Phase 1 deliverables (research repositioning options, draft a final plan, and presentations) will be funded through HACCC’s existing operating and/or planning funds. The consultant team provided a total deliverables cost of $158,000 for Phase 1. Depending on the Implementation Plan and/or ZDC and Structure’s performance on Phase 1, HACCC may expand the consultant team or procure affordable housing developers to develop projects that are in the Implementation Plan (Phase 2) which will require added procurements. Phase 2 (the implementation phase), if pursued, will be negotiated based on the hourly rates provided in ZDC and Structure’s proposal and will be subject to available funds from federal, state, and local sources. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not accept the recommendation of the evaluation panel for RFP No. RFP-25127-328, Public Housing Repositioning Financial Consultant Services, and authorize the Executive Director to enter into a contract with Zen Development Corporation (“ZDC”) and Structure Development Advisors LLC (“Structure”) in an amount not to exceed $158,000 to provide financial consulting services for the Housing Authority’s Portfolio Refinance and Repositioning, Capital Improvement, and New Construction Plan authorize contracting with ZDC and Structure, HACCC would need to revisit other proposers or reissue the solicitation, resulting in delays to the development of the Repositioning Plan and slowing HACCC’s ability to strategically reposition its public housing portfolio. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4394 Name: Status:Type:Consent Item Passed File created:In control:8/5/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:INTRODUCE Ordinance No. 2025-012 amending the County Ordinance Code to exclude from the merit system the new classification of Children and Family Services Deputy Bureau Director, WAIVE READING and FIX November 4, 2025, for adoption. (No fiscal impact) Attachments:1. Ord 2025-12 add CFS Deputy Bureau Director to EHSD- October 2025.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Ann Elliott, Human Resources Director Report Title:INTRODUCE Ordinance No. 2025-012 amending the County Ordinance Code to exclude from the merit system the new classification of Children and Family Services Deputy Bureau Director ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: INTRODUCE Ordinance No. 2025-012 amending the County Ordinance Code to exclude from the merit system the new classification of Children and Family Services Deputy Bureau Director, WAIVE READING and FIX November 4, 2025, for adoption. FISCAL IMPACT: There is no fiscal impact to amend the County Ordinance Code. Future action to add a position of this classification in the Department will result in a cost increase of $23,577 per year and $23,577 in FY 25-26. The position will be funded by 10% County, 50% Federal, and 40% State funds. BACKGROUND: Human Resources completed a salary study in July 2024. Based on the findings, the Human Resources Department is establishing a new classification titled Children and Family Services Deputy Director - Exempt. This position provides 24/7 support and leadership for Child Protective Services (CPS) and after-hours support for Adult Protective Services (APS) matters to ensure immediate response capabilities and continuity of service delivery. The duties and responsibilities of this role exceed those of the EHS Department Deputy Director due to the need for constant availability and specialized expertise in managing critical, time-sensitive cases. This position adjustment resolution supports all of Contra Costa County’s community outcomes of the Children’s Report Card, (1) "Children Ready for and Succeeding in School"; CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4394,Version:1 (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families.” CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Employment and Human Services Department will not have the appropriate classification available for recruitment, and will have difficulties recruiting qualified candidates, impacting its ability to fulfill its mission effectively. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ ORDINANCE NO. 2025-12 ORDINANCE NO. 2025-12 (Exclude from the Merit System the new classification of CFS Deputy Bureau Director-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 33-5.387 of the County Ordinance Code is amended to exclude from the merit system the new classification of Children and Family Services Deputy Bureau Director-Exempt: 33-5.387 Employment and human services. (a) The employment and human services department director-exempt is excluded and is appointed by the board of supervisors. The employment and human services department director is the statutory county welfare director. (b) The chief deputy director-exempt is excluded and is appointed by the employment and human services department director. (c) The workforce investment board executive director-exempt is excluded and is appointed by the employment and human services department director. (d) The workforce services director-exempt is excluded and is appointed by the employment and human services department director. (e) The employment and human services deputy bureau director-exempt is excluded and is appointed by the employment and human services department director. (f) The aging and adult services director-exempt is excluded and is appointed by the employment and human services department director. (g) The children and family services director-exempt is excluded and is appointed by the employment and human services department director. (h) The employment and human services director of administration-exempt is excluded and is appointed by the employment and human services department director. (i) The social service public information officer-exempt is excluded and is appointed by the employment and human services department director. (j) The assistant director-policy and planning-exempt is excluded and is appointed by the employment and human services department director. (k) The chief financial officer-exempt is excluded and is appointed by the employment and human services department director. (l) The community services director-exempt is excluded and is appointed by the employment and human services department director. (m) The children and family services deputy bureau director-exempt is excluded and appointed by the employment and human services department director. ORDINANCE NO. 2025-12 (Ords. 2025-12 §1, 11-04-25; 2023-04 §1, 1-17-2023; 2017-02 § 1, 12-05-17; 2014-08 § 1, 8-5-14; 2014-13 § 1, 4-1-14; 2002-22 § 2; 99-20 § 1; 99-18 § 1; 99-13 § 1; 97-35 § 1; 94-52 § 1; 87-17 § 2; Gov. Code § 19800, Cal. Code Regs., tit. 2, § 17200). 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:125-4395 Name: Status:Type:Consent Item Passed File created:In control:3/25/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Position Adjustment Resolution No. 26431 to reclassify one (1) Community Health Worker II position and its incumbent in the Health Services Department. (Cost increase- 100% Hospital Enterprise Fund I) Attachments:1. PAR 26431 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Dr. Grant Colfax, Health Services Director Report Title:Reclassification of one CHW II to CHW Specialist ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26431 to reclassify Community Health Worker II position #16989 and its incumbent to Community Health Worker Specialist at salary plan and grade TC5 1103 ($5,510.42- 6,697.95) in the Health Services Department. (Represented) FISCAL IMPACT: Approval of this action will result in additional annual expenditures of $13,237.50, which includes $1,933.86 in pension costs. This position is 100% funded by Hospital Enterprise Fund I. BACKGROUND: Health Services Personnel received a completed Position Description Questionnaire for position #16989 to be reclassified from Community Health Worker II (VKVB) to Community Health Worker Specialist (VKTA). Upon review of the Position Description Questionnaire, it was determined that the incumbent was performing duties of the higher classification. The incumbent’s essential duties included significant overlap in the typical tasks of the Community Health Worker Specialist job spec. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the incumbent may not be appropriately classified. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4395,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4396 Name: Status:Type:Consent Item Passed File created:In control:8/5/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Position Adjustment Resolution No. 26516 to establish the classification of Children and Family Services Deputy Bureau Director - Exempt (XAE0) (unrepresented) at salary plan and grade B85 1027 ($13,715.04 - $16,670.72) and reclassify one (1) EHS Deputy Bureau Director - Exempt (XAD2) position #17369 and its incumbent in the Employment and Human Services Department. Attachments:1. PAR for CFS Deputy Director Establish the Classification.pdf, 2. PAR C.86 10_21_25 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Report Title:Establish the classification of Children and Family Services Deputy Bureau Director - Exempt and reclassify position #17369 and its incumbent ☐Recommendation of the County Administrator ☒ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26516 to establish the classification of Children and Family Services Deputy Bureau Director - Exempt (XAE0) (unrepresented) at salary plan and grade B85 1027 ($13,715.04 - $16,670.72) and reclassify one (1) EHS Deputy Bureau Director - Exempt (XAD2) position #17369 and its incumbent in the Employment and Human Services Department. FISCAL IMPACT: This action will result in a cost increase of $23,577 per year and $23,577 in FY 25-26. The position will be funded by 10% County, 50% Federal, and 40% State funds. BACKGROUND: Human Resources completed a salary study in July 2024. Based on the findings, the Human Resources CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4396,Version:1 Department is establishing a new classification titled Children and Family Services Deputy Bureau Director - Exempt. This position provides 24/7 support and leadership for Child Protective Services (CPS) and after-hours support for Adult Protective Services (APS) matters to ensure immediate response capabilities and continuity of service delivery. The duties and responsibilities of this role exceed those of the EHS Deputy Bureau Director classification due to the need for constant availability and specialized expertise in managing critical, time- sensitive cases. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Employment and Human Services Department will have difficulties recruiting qualified candidates, impacting its ability to fulfill its mission effectively. CHILDREN’S IMPACT STATEMENT: This position adjustment resolution supports all of Contra Costa County’s community outcomes of the Children’s Report Card, (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families.” CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ Contra Costa County Position Adjustment Resolution (PAR) Form 1 PAR Form – 01/2025 This form is to be completed for midyear Position Adjustment Requests, for consideration outside the County’s annual budget development process, per Administrative Bulletin No. 400 Section IV.C I.DEPARTMENT REQUEST Agency and Dept Name: Dept No(s). Org No(s). Action Type: Net FTE Change: Proposed Effective Date: Action Requested: Use an additional sheet for further explanation or comments. Fiscal Impact: Cost is within Department’s Budget: Yes No Total One-Time Cost: Total Annual Cost: Total this FY: Net County Cost: NCC this FY: II.COUNTY ADMINISTRATOR REVIEW PAR No. Source of Funding: (for) Department Head Date (for) County Administrator Date III.HUMAN RESOURCES (HR) REVIEW/RECOMMENDATION HR Recommendation(s): (for) Director of Human Resources Date IV.COUNTY ADMINISTRATOR APPROVAL Approve HR Department Recommendation(s): Yes No N/A If No or N/A, CAO Recommendation(s): BOS Approval Required: Yes No Effective: Day following Board Approval Date: (for) County Administrator Date V.BOARD OF SUPERVISORS ACTION Adjustment Resolution: ADOPTED OTHER ACTION: Monica Nino, Clerk of the Board of Supervisors and County Administrator By: Date: PAR No. Contra Costa County Position Adjustment Resolution (PAR) Form 2 PAR Form – 01/2025 The PAR form follows Administrative Bulletin 400, Position Management and Adjustments Policy. Departments submit this form for Midyear Position Adjustment requests for consideration outside of the County’s annual budget development process. Refer to Administrative Bulletin 400 for full policy details and contact your assigned CAO liaison for questions. Form Instructions I.Department Request This section is completed by the requesting department. Enter the department details: department agency number and name, dept number(s), and lowest level org(s). If multiple departments and/or org(s), enter ‘various’ under the fields and include the full listing under the Action Requested field. Select the Action Type from one of the listed options. If your request is not listed, select ‘Other’ and provide sufficient information under Action Requested. Indicate the Proposed Effective Date. Note, this date is a proposal, as it is ultimately determined through collaboration between the Human Resources Department and the County Administrator’s Office. Input the Net FTE Change, if applicable. Under Action Requested, describe the position and/or classification adjustment(s) in detail. Complete the Fiscal Impact section. o Indicate whether the cost is within the department’s budget by marking one of the boxes. Note: Requests with budgetary impacts may require a budget amendment. o Total One-Time Costs: Total one-time non-salary costs associated with request (i.e. equipment costs, etc.) o Total Annual Cost: Total salary and benefit costs for the full fiscal year. o Total this FY: Prorated salary and benefit costs for the current fiscal year. o Net County Cost (NCC): For General Fund budgets, the amount to be financed by General Purpose Revenue. This is the difference between budgeted appropriations and departmental revenues. o NCC this FY: Prorated NCC for the current fiscal year. o Source of funding: Identify the source(s) of funding (include percentage breakdown). Obtain authorized department approval, by Department Head or designee. Submit the PAR form as a PDF attachment in the agenda system, along with any other relevant or supporting documentation, with an agenda date of 9/9/2099. II.County Administrator Review This section provides for an initial review of the request by the County Administrator's Office. Staff will assign a Position Adjustment Resolution Number (PAR No.) to the form, if releasing the request to the Human Resources Department for further study. If the request is not forwarded to Human Resources, the department will be notified. Contra Costa County Position Adjustment Resolution (PAR) Form 3 PAR Form – 01/2025 III. Human Resources Recommendation This section is completed by Human Resources staff, indicating HR’s final recommendation of the request. If HR approves the request, the PAR form will be updated and released to the County Administrator’s Office for final consideration. If HR does not approve the request, the County Administrator’s Office and requesting department will be notified. IV. County Administrator Approval This section is for final approval/disapproval or recommendation by the County Administrator’s Office. If the request requires Board approval, the County Administrator’s Office will submit the recommendation to the Board of Supervisors through the agenda system. If the request does not require Board approval, the County Administrator’s Office will provide final administrative approval. Note: In some cases, requests with significant changes arising through the process may require the requesting departments to provide additional information, such as staff report content and supporting documentation updates. V. Board of Supervisors If applicable, the Office of the Clerk of the Board will update this section upon Board of Supervisors adoption. Recordation of Midyear Position Adjustments:  PARs adopted by the Board of Supervisors will be recorded by the Clerk of the Board and routed to the Human Resources Department for processing.  PARs approved administratively by the County Administrator will be sent directly to the Human Resources Department for processing. 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4397 Name: Status:Type:Consent Item Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Position Adjustment Resolution No. 26521 to cancel two (2) Child Nutrition Assistant-Project (98W4) positions #1059 and #1060 at salary plan and grade ($3,785 - $4,601), and two (2) Child Nutrition Cook-Project (98V2) positions #1225 and #1055 at salary plan and grade ($4,050 - $4,923), resulting in a layoff of the incumbents, effective October 21, 2025. Attachments:1. PAR 26521 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To: Board of Supervisors From: Marla Stuart, Employment and Human Services Director Report Title:Lay-Off two Child Nutrition Assistant-Project and two Child Nutrition Cook-Project. ☐Recommendation of the County Administrator ☒ Recommendation of the Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No. 26521 to cancel two (2) Child Nutrition Assistant-Project (98W4) positions #1059 and #1060 at salary plan and grade ($3,785 - $4,601), and two (2) Child Nutrition Cook- Project (98V2) positions #1225 and #1055 at salary plan and grade ($4,050 - $4,923), resulting in a layoff of the incumbents, effective October 21, 2025, and activate the Tactical Employment Team Program (TET) immediately. FISCAL IMPACT: Approval of this item will result in cost savings of up to $307,872 annually and cost savings of up to $230,904 for FY 25-26, and was previously funded with 0% County, 50% Federal, and 50% State funds. BACKGROUND: The Employment and Human Services Department (EHSD) has operated a Head Start kitchen at 847 Brookside Drive in Richmond. This facility prepared and delivered meals to 13 childcare centers across the county. In June 2018, childcare services were relocated from the Brookside site due to health and safety concerns, but the kitchen continued operations to support the Head Start program. In November 2023, the California Department of Health Care Services awarded Contra Costa Health $18.6 million to fund the development of a new mental health rehabilitation center at the Brookside location. As a CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:25-4397,Version:1 result, the kitchen facility will no longer be available to EHSD once construction begins. EHSD engaged in an extensive review of possible alternatives for continuing in-house meal preparation and delivery. However, no suitable replacement facility has been identified to date. Without an operational kitchen, EHSD discontinued its Head Start food service operations effective October 21, 2025. The discontinuation of these services will result in the layoff of two Child Nutrition Assistant-Project and two Child Nutrition Cook- Project within the Department. Impacted employees remain entitled and actively participating in the Tactical Employment Team (TET) program or the layoff list processes under Personnel Management Regulation 614. In order to fulfill the meal preparation, EHSD conducted an RFP and selected a contractor to ensure meals are provided to children daily as required by Head Start regulations and the USDA Child and Adult Care Food Program (CACFP). CONSEQUENCE OF NEGATIVE ACTION: Should the proposed action not be approved by the Board of Supervisors, the Employment and Human Services Department will have inaccurate staffing in the Community Services Bureau. 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 action to lay off employees within the Employment and Human Services Department (EHSD) due to the discontinuation of food service operations. WHEREAS, EHSD operated a Head Start kitchen at 847 Brookside Drive in Richmond, which prepared and delivered meals to 13 childcare centers, and had maintained food service operations at this facility after childcare services were relocated from the site in June 2018; and WHEREAS, the California Department of Health Care Services awarded funding in November 2023 to convert the 847 Brookside Drive facility into a mental health rehabilitation center, making the kitchen no longer available for EHSD’s use; and WHEREAS, EHSD conducted an extensive review of alternative facilities and service options and did not identify a suitable replacement location to continue in-house meal preparation and delivery; and WHEREAS, the discontinuation of food service operations will result in the layoff of two Child Nutrition Assistant - Project and two Child Nutrition Cook - Project; and WHEREAS, affected employees remain entitled to participate in the Tactical Employment Team (TET) program or layoff list processes under Personnel Management Regulation 614; and WHEREAS, to the extent that the subject of this Resolution is within the scope of representation pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.), EHSD has offered to meet with the recognized employees' organization concerning this resolution. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:25-4397,Version:1 NOW, THEREFORE, BE IT RESOLVED that EHSD has determined that continued operation of the Head Start kitchen at 847 Brookside Drive is no longer operationally feasible and will lay off two Child Nutrition Assistant-Project positions #1059 and #1060 and two Child Nutrition Cook-Project positions #1225 and #1055 in the Employment and Human Services Department. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4398 Name: Status:Type:Consent Item Passed File created:In control:4/25/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Position Adjustment Resolution No. 26439 to re-title the classification of Mailing Machine Operator (9XWD) to Finishing Worker (9XWD); reclassify one (1) Bindery Worker (9XWC) position and its incumbent, and two (2) vacant Bindery Worker (9XWC) positions to Finishing Worker (9XWD); abolish the classification of Bindery Worker (9XWC); all within the Public Works Department. (represented) (100% User Departments) Attachments:1. PAR PNM Finishing Worker 8.29.25 HR, 2. PAR PNM Finishing Worker Attachment 8.29.2025 HR, 3. Finishing Worker (9XWD) FINAL 8.7.25 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Retitle the classification Mailing Machine Operator to Finishing Worker; reclassify one Bindery Worker position and its incumbent, and two vacant Bindery Worker positions to Finishing Worker (9XWD); abolish the classification of Bindery Worker; within the Public Works Department. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Position Adjustment Resolution No.26439 to retitle the classification of Mailing Machine Operator (9XWD)(represented)to Finishing Worker (9XWD)(represented);reclassify one (1)Bindery Worker (9XWC) (represented)position #16160 and its incumbent,and two (2)vacant Bindery Worker (9XWC)(represented) positions #1941 and #16161 to Finishing Worker (9XWD)(represented)at salary plan and grade TB5 0985 ($4,364 -$5,309);abolish the classification of Bindery Worker (9XWC)(represented);within the Public Works Department. FISCAL IMPACT: This action will result in an increased annual cost of $37,236,of which $6,024 is retirement cost.Increase in cost will be funded by Department charge outs. (100% User Departments) BACKGROUND: The Print and Mail Division of the Public Works Department has conducted an analysis of current staffing and the assignment of work,with specific regard to both the Bindery Worker and Mailing Machine Operator classifications.Both classifications perform work functions that are post-press production to complete the end product for our clients,including cutting,folding,binding,finishing and mailing end products.To allow better cross coverage in assigning work,the Department intends to reclassify the Bindery Worker classification into the Mailing Machine Operator classification,and retitling to a singular Finishing Worker classification,as is CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4398,Version:1 common in the press industry. CONSEQUENCE OF NEGATIVE ACTION: If this action were not approved,the Department would be limited in its ability to provide cross coverage of work amongst incumbent staff. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ ADOPT Position Adjustment Resolution No. 26439 to retitle the classification of Mailing Machine Operator (9XWD) to Finishing Worker (9XWD); reclassify one (1) Bindery Worker (9XWC) position #16160 and its incumbent, and two (2) vacant Bindery Worker (9XWC) positions #1941 and #16161 to Finishing Worker (9XWD) at salary plan and grade TB5 0985 ($4,364 - $5,309); abolish the classification of Bindery Worker (9XWC); within the Public Works Department. (represented) Contra Costa County Class Code: 9XWD FINISHING WORKER Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Class specifications are not intended to reflect all duties performed within the job. DEFINITION: Under general supervision, in the Print and Mail Services Division of the Public Works Department, performs tasks that complete final processing of printed materials, including operating and maintaining a variety of manual and powered bindery and/or mailing machines; serving as a backup driver on established County pickup and delivery routes; and performing other related work as required. DISTINGUISHING CHARACTERISTICS: This class performs a variety of tasks that are associated with postproduction finishing and mailing operations, including operating and maintaining a wide range of specialized equipment, such as multi-station inserters, and various bindery machines. This classification is distinguished from the Duplicating Machine Operator series in that the latter performs the primary tasks associated with print production work. Incumbents receive work directions from the Print & Mail Services Supervisor. TYPICAL TASKS: • Set up, operate, and maintain multi-station inserters, mail meters and various bindery equipment such as automatic collators with in-line double head stitchers, multi-plate automatic folders, jogging and binding machines, paper drills, electric staplers, padding presses, and manual/powered paper cutters • Trouble-shoots machine malfunctions and stoppages, making necessary adjustments or repairs to ensure proper operation • Collate, assemble, and bind printed materials by hand into pads, pamphlets or small books by means of chemical process, glue, plastic binding or electric stitching • Move printed materials, printing supplies, and paper stock within work location • Serve as back up driver for established County pickup and delivery routes MINIMUM QUALIFICATIONS: License Required: Possession of a valid California Motor Vehicle Operator's License. Out of State valid Motor Vehicle Operator's License will be accepted during the application process. Experience: One (1) year of full-time experience in a mail processing operation including operating and maintaining multi-station inserters and mail meters or one (1) year of full- time experience in a bindery production environment. Mail Machine Operator Page 2 KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of: • Mail processing and handling equipment such as multi-station inserters and mail meters • Bindery equipment such as collators, folders, stitchers, and paper cutters • Proper settings, adjustments, and maintenance of mail processing and bindery machines • Basic mechanical principles related to paper handling and processing machines • U.S. postal regulations and rates • Simple arithmetic and record-keeping procedures Ability to: • Set up, operate, and maintain various mail processing and bindery equipment efficiently and safely • Troubleshoot machine malfunctions and perform minor repairs and adjustments • Prepare and maintain records and production reports • Lift and carry objects weighing up to 50 pounds • Operate a vehicle safely • Perform simple arithmetic calculations involving addition, subtraction, multiplication, and division of whole numbers • Deal tactfully and effectively with others • Understand written and oral instructions Established: September 1982 Reviewed/Revised: May 2015 Revised: January 2025 Revised: August 2025 CB 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4399 Name: Status:Type:Consent Item Passed File created:In control:9/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment with AT&T Enterprises, LLC., utilizing the California Department of Technology Agreement, to increase the payment limit by $550,000 to a new payment limit of $9,750,000 for network engineer support services with no change to the current term through June 30, 2026. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marc Shorr, Information Technology Director Report Title:Contract Amendment with AT&T ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment with AT&T Enterprises, LLC., utilizing the California Department of Technology Agreement, to increase the payment limit by $550,000 to a new payment limit of $9,750,000 for network engineer support services with no change to the current term through June 30, 2026. FISCAL IMPACT: The cost for this contract is within the Department of Information Technology’s IT Project Supplement Funding for WebEx Calling Implementation FY 25/26, 100% General Fund. BACKGROUND: The Wide Area Network (WAN) group is a vital component of the Department of Information Technology, serving as the backbone infrastructure that enables County employees to access all IT systems. Several years ago, the department capitalized on the opportunity to utilize the California Department of Technology’s CALNET contract with AT&T to benefit from their extensive expertise in WAN services. This partnership provided the County with access to a team of highly skilled professionals offering continuous, 24/7 monitoring and support, thereby ensuring prompt resolution of network issues and uninterrupted service for critical public safety operations. DoIT now seeks to extend this contract number 4932100 with AT&T Enterprises to include AT&T consulting services for the implementation of WebEx calling solutions. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4399,Version:1 This AT&T contract incorporates by reference the existing CALNET Agreement Number C4-DNCS-19-001-40 between AT&T and the California Department of Technology, which includes predetermined hourly rates for network engineering services. This agreement, awarded to AT&T through a competitive procurement process on April 15, 2020, currently has a not-to-exceed amount of $9,200,000 and remains in effect through June 30, 2026. Pursuant to the proposed amendment, the contract limit will be increased by $550,000, resulting in a new total of $9,750,000. The Department has consulted with Labor, and they are in support of moving this item forward. CONSEQUENCE OF NEGATIVE ACTION: If this contract amendment is not approved, the County will be significantly impaired and unable to provide an adequate level of service to any County department. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4400 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract with Carahsoft Technology Corp, in an amount not to exceed $220,000 for professional services provided by Maryville Consulting Group to implement Apptio’s Technology Business Management (TBM) platform and provide post-implementation support for the period of October 22, 2025, through September 15, 2026. (100% User Departments) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marc Shorr, Information Technology Director Report Title:Contract with Carahsoft Technology Corp ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract with Carahsoft Technology Corp, in an amount not to exceed $220,000 for professional services provided by Maryville Consulting Group to implement Apptio’s Technology Business Management (TBM) platform and provide post- implementation support for the period of October 22, 2025, through September 15, 2026. FISCAL IMPACT: The cost of this purchase is included in the Department’s FY 25-26 budget. 100% User Departments. BACKGROUND: The Department of Information Technology (DoIT) is modernizing its IT financial management capabilities to improve transparency, cost recovery, and budget planning across the County. The Apptio TBM platform will enable DoIT to implement real-time IT Planning, Cost Transparency, and Billing modules, replacing manual processes and providing improved reporting and chargeback capabilities. Under the contract, Carahsoft Technology Corp. will serve as the prime contractor, with Maryville Consulting Group as subcontractor providing the professional services. Work will be completed in five phases (Initiation/Discovery, IT Planning, Cost Transparency, Billing, and Closeout), followed by post-implementation support under the Technology Business Management Analyst as a Service (TBMAaaS) model. The contract is being awarded under the Cloud Solutions NASPO ValuePoint Contract AR2472, which was approved by the Board of Supervisors on May 13, 2025 and valid through September 15, 2026. This procurement vehicle allows the County to leverage competitively bid state cooperative contracts while ensuring CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4400,Version:1 compliance with public contracting requirements. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County may experience delays in implementing the Apptio TBM platform, which supports the modernization of IT financial management practices. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4401 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract with Vexcel Imaging US, Inc. in an amount not to exceed $456,120 to provide aerial imagery and software for the period of November 3, 2025, through November 30, 2028. (100% User Departments.) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marc Shorr, Information Technology Director Report Title:Quotation and License Agreement with Vexcel. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a Quotation and License Agreement with Vexcel Imaging US, Inc. in an amount not to exceed $456,120 to provide aerial imagery and software for the period of November 3, 2025, through November 30, 2028. FISCAL IMPACT: The cost for the licensing software is within the Department of Information Technology’s budget. 100% User Departments. BACKGROUND: The Geographic Information Systems (GIS) division of the Department of Information Technology uses aerial imaging of Contra Costa County that provides a platform to store, manage, and analyze geospatial data to help make informed decisions in a variety of areas. This data can be used to identify trends, patterns and relationships that would be difficult to see otherwise. GIS is also an essential tool in emergency response and disaster management. By providing real-time information about the location and extent of an emergency, GIS can help first responders quickly assess the situation and make informed decisions about the best course of action. This information can then be used to coordinate a rapid and effective response. GIS is a constantly evolving technology that has changed the way users perceive, navigate, and shape their world. It shows how combing human creativity with technology helps engage the community, discover hidden trends and make smarter decisions using the power of location data. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4401,Version:1 The Agreement includes a limitation of Vexcel’s liability that limits its liability to: (a) three times the amount paid by the County in the twelve months preceding a breach of a license restriction; and (b) the amount paid by the County in the twelve months preceding any other breach of the Agreement. The Agreement also requires the County to defend, indemnify, and hold Vexcel harmless for any claims arising out of its breach of the terms of the Agreement. Vexcel was awarded this contract as a result of a request for proposal solicitation number F- Contr-0000000089. CONSEQUENCE OF NEGATIVE ACTION: If this is not approved, the GIS Division may not have the tools needed to effectively provide important geospatial data. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4402 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a Purchase Order with BMC Software, Inc., subject to their End User License Agreement, in an amount not to exceed $11,000 for the purchase of Track-It! software, for the period of October 31, 2025, through October 30, 2026. (100% User Departments). Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Marc Shorr, Information Technology Director Report Title:Purchase Order with BMC Software, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Chief Information Officer, to execute a Purchase Order with BMC Software, Inc., subject to their End User License Agreement, in an amount not to exceed $11,000 for the purchase of Track-It! software, for the period of October 31, 2025, through October 30, 2026. FISCAL IMPACT: The cost of this product is included in the Department’s FY 25-26 budget. 100% User Departments. BACKGROUND: The Department of Information Technology (DoIT) intends to renew its BMC Track-It! software license, which is utilized by DoIT as well as other County departments. Developed by BMC Software, Track-It! is an IT help desk management tool that enables DoIT to efficiently manage internal support requests, maintain comprehensive visibility of IT assets, and ensure operational compliance. The BMC End User License Agreement includes a limitation of liability clause that caps BMC’s liability to the total amount the County paid for the specific licenses related to the claim. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4402,Version:1 If Track-It! is not renewed, DoIT may face challenges in efficiently managing internal support requests and maintaining visibility of IT assets. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4403 Name: Status:Type:Consent Item Passed File created:In control:9/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the County Librarian, or designee, to execute an order form with BiblioCommons, Inc., under the existing Master Services Agreement dated January 1, 2019, in an amount not to exceed $236,577 to provide the Library’s website subscription renewal, support, and maintenance for the period of January 1 2026, through December 31, 2026. (100% Library Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Purchase Order with BiblioCommons, Inc. through December 31, 2026 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the County Librarian, or designee, to execute an order form with BiblioCommons, Inc., under the existing Master Services Agreement dated January 1, 2019, in an amount not to exceed $236,577, to provide the Library’s website subscription renewal, support and maintenance for the period of January 1, 2026, through December 31, 2026. FISCAL IMPACT: 100% Library Fund. BACKGROUND: On December 18, 2018, the Board of Supervisors approved the Library’s Subscription Master Agreement with BiblioCommons, Inc., which provided the Library the ability to create a new website with a comprehensive Content Management System and Catalog Discovery Layer developed specifically for libraries. The Library's website includes its catalog and events calendar and is fully compatible with mobile devices. The software enables the Library to offer many improved online features such as natural language search, shareable booklists, the ability to virtually browse shelves, seamless integration and promotion of catalog content on the website and web content in the catalog. On November 19, 2019, the Board of Supervisors approved an amendment with BiblioCommons, Inc., to address the integration of third-party technologies and to address the deployment of the BiblioCommons mobile applications, BiblioApps, in iOS and Android environments. This Order Form is for the annual renewal of the subscription, support and maintenance. The renewal and CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4403,Version:1 added support cost for one year is $236,577. The term is January 1, 2026, through December 31, 2026. CONSEQUENCE OF NEGATIVE ACTION: Without ongoing maintenance, support, and technical assistance from BiblioCommons, Inc., patrons will be unable to access Library materials, and the Library Department will be unable to access data. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4404 Name: Status:Type:Consent Item Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the County Librarian to execute a settlement and release agreement between the County and Margaret Sullivan Studio under which the County will pay $15,894.29 to resolve outstanding claims for payment and reimbursement made in connection with staff training workshops, community events, and related travel that occurred between January 2019 and August 2021. (100% Library Fund) Attachments:1. Settlement with Margaret Sullivan.pdf Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Settlement and Release Agreement - Margaret Sullivan Studio ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the County Librarian to execute a settlement and release agreement between the County and Margaret Sullivan Studio (Contractor) under which the County will pay $15,894.29 to resolve outstanding claims for payment and reimbursement made by the Contractor in connection with staff training workshops, community events, and related travel that occurred between January 2019 and August 2021. FISCAL IMPACT: 100% Library Fund. BACKGROUND: In January 2019, the County and the Contractor entered into a contract wherein the Contractor was tasked with providing staff training workshops for the Library in February, April, and May of 2019. While the Contractor received payment for conducting these workshops, compensation for related travel expenses was not provided. The Contractor subsequently submitted an invoice for travel expenses exceeding the $3,000 limit specified in the contract. As outlined in the attached settlement and release agreement, the County has agreed to pay the Contractor $3,000 for these travel expenses. Regarding the Contra Costa Friends & Foundation Retreat held on October 12, 2019, the Contractor submitted an invoice amounting to $3,500 for consulting fees and $1,278.40 for travel expenses. Despite the absence of a formal contract for these services, both the consulting services and reasonable travel expenses were incurred. According to the settlement and release agreement, the County will compensate the Contractor the full invoiced amount of $4,778.40. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4404,Version:1 For the event known as Staff Day held on October 14, 2019, the Contractor presented an invoice for a consulting fee of $4,500 and travel expenses totaling $213.23. Although no formal contract existed for these services, they were performed, and reasonable travel expenses were incurred. Under the settlement and release agreement, the County will remit the full invoice amount of $4,713.23. Concerning the Moraga Library Reimagining event that occurred on August 31, 2021, the Contractor provided services and submitted an invoice for those services, which was duly paid. Additionally, the Contractor submitted an invoice for travel expenses incurred between August 29 and September 4, 2021. Despite no formal contract governing the services rendered, they were completed, and travel expenses were incurred. As per the settlement and release agreement, the County will pay the sum of $3,402.66 for these travel-related expenses. CONSEQUENCE OF NEGATIVE ACTION: If the settlement and release agreement is not approved, the Contractor will not be paid for services performed or reimbursed for expenses incurred at the direction of the County Librarian. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ LIBRARY LETTERHEAD July 30, 2025 Margaret Sullivan Margaret Sullivan Studio 307 7th Avenue, Suite 1507 New York, New York 10001 Re: Outstanding Amounts due from Contra Costa County (the “County”) to Margaret Sullivan Studio (“Margaret Sullivan”) for the Period Beginning January 1, 2019, through the Effective Date – Settlement and Release Dear Ms. Sullivan: This letter agreement is entered into as of the date set forth above (the “Effective Date”) and is based on the following facts: A. The County and Margaret Sullivan were parties to a contract dated January 1, 2019 (the “Contract”), under which Margaret Sullivan provided staff training workshops in February, April, and May 2019. The Contract included a cap of $3,000 on travel-related expenses. B. Margaret Sullivan submitted three invoices for travel-related expenses in connection with the Contract. The total amount invoiced for travel-related expenses is $10,890.96. Because of the cap set forth in the Contract, the County is willing to consider reimbursement of $3,000 in satisfaction of these invoices. C. In connection with an event known as the Contra Costa Friends & Foundation Retreat, which was held on October 12, 2019, Margaret Sullivan submitted invoices for a “design fee” of $3,500 and travel expenses in the amount of $1,278.40. While there was no contract for these services, services were performed and reasonable travel expenses incurred. For these reasons, the County is willing to consider paying the full invoice amount of $4,778.40. D. In connection with an event known as Staff Day, which was held on October 14, 2019, Margaret Sullivan submitted invoices for a “design fee” of $4,500 and travel expenses of $213.23. While there was no contract for these services, services were performed and reasonable travel expenses incurred. For these reasons, the County is willing to consider paying the full invoice amount of $4,713.23. E. In connection with an event known as the Moraga Library Reimagining, which was held on August 31, 2021, Margaret Sullivan submitted an invoice for services rendered, which was paid. In addition, Margaret Sullivan submitted an invoice for $5,006.45 for travel- related expenses incurred between August 29, 2021, and September 4, 2021. While there was no contract for the services rendered, services were rendered, and travel occurred. Because some of the travel-related expenses occurred after the date of the event and because charges for Uber and Lyft rides should not be required when a rental car is expensed, the County is willing to consider paying $3,402.66 in satisfaction of this invoice. Upon my receipt of your countersignature to this letter, my office will recommend to the County’s Board of Supervisors that the County pay $15,894.29 as payment in full of all the invoices described above. If the Board of Supervisors authorizes that payment to you, then effective on the date of that payment to you and in exchange for that payment, Margaret Sullivan does hereby discharge and release the County, its governing body, officers, employees and agents from all causes of action, claims, and demands of any kind, whether known or unknown, and including but not limited to, breach of contract, that exists or hereafter arises from the matters described above, and, without limitation, for any services and travel-related expenses that may have occurred prior to the Effective Date of this agreement. As to those liabilities, Margaret Sullivan knowingly waives its right to make any claims against the County, its governing body, officers, employees and agents for such liabilities and Margaret Sullivan expressly waives all rights provided by section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Sincerely, Alison McKee County Librarian AGREED AND ACCEPTED By: ________________________ Margaret Sullivan Studio Authorized Representative 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4405 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with NewsBank, Inc., in an amount not to exceed $200,563 for the renewal of online newspaper subscriptions (Access World News Research Collection, including the Contra Costa News Collection and the East Bay Times Collection, Black Life in America, and Hispanic Life in America), for the period January 1, 2026 through December 31, 2028. (100% Library Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Purchase Order with NewsBank Inc. for online newspaper subscriptions (Access World News Research Collection,including the Contra Costa News Collection and the East Bay Times Collection, Black Life in America, and Hispanic Life in America) through December 31, 2028 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with NewsBank Inc., subject to NewsBank Inc.’s License Agreement for Subscriptions & Perpetual License Sales, in an amount not to exceed $200,563 for the renewal of online newspaper subscriptions (Access World News Research Collection, including the Contra Costa News Collection and the East Bay Times Collection, Black Life in America, and Hispanic Life in America) for the period January 1, 2026, through December 31, 2028. FISCAL IMPACT: 100% Library Fund. BACKGROUND: Library Department has and continues to use NewsBank Inc. to provide patrons with access to a database of online newspapers. NewsBank Inc. provides the Access World News Research Collection and includes the Contra Costa News Collection, East Bay Times Collection, Black Life in America, and Hispanic Life in America. NewsBank Inc. covers full-text access to several years of archival content from the Contra Costa Times, making this resource invaluable to genealogists and other researchers within the Library’s service area. NewsBank Inc. is the sole source provider in the public library market for the full-text electronic edition of the Contra Costa Times, 1995-2016, and the East Bay Times, April 2016-present. Most of NewsBank Inc.'s information sources are unavailable elsewhere. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4405,Version:1 The terms and conditions include limitation of liability and indemnification language reviewed by County Counsel. CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order is not approved, the Contra Costa County Library’s patrons will not have access to this database of newspapers, including local newspapers. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4406 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with America Learns, LLC, in an amount not to exceed $18,500 for the renewal of Impact Suite licenses that support the Library's adult and family literacy programs, for the period January 1 through December 31, 2026. (100% Library Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Purchase Order with America Learns, LLC for America Learns Impact Suite Subscriptions through December 31, 2026 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with America Learns, LLC, subject to the terms of their Impact Suite License Terms, in an amount not to exceed $18,500 for the renewal of Impact Suite licenses, for the period January 1, 2026, through December 31, 2026. FISCAL IMPACT: 100% Library Fund. BACKGROUND: The Library Department has used and continues to use America Learns, LLC Impact Suite licenses. The Impact Suite licenses assist the Library’s adult and family literacy programs to track and monitor their students’ goals as well as tutor schedules, etc., by collecting usable data and giving the programs a flexible platform to focus on program results. The Impact Suite License Terms include a Limitation of Liability provision reviewed by County Counsel. CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order is not approved, the Contra Costa County Library’s adult and family literacy programs will not be able to track data that is valuable in ensuring program goals are being met. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4406,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4407 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order amendment with Children’s Plus Inc. (dba Libraria), to increase the payment limit by $3,000,000 to a new payment limit of $6,000,000 with no change to the term through June 30, 2028, for the purchase of library books. (100% Library Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Purchase Order With Children’s Plus Inc., DBA Libraria For The Purchase of Books Through June 30, 2028 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order amendment with Children’s Plus Inc., DBA Libraria, to increase the payment limit by $3,000,000 to a new payment limit of $6,000,000, with no change to the term, for the purchase of books for the collection, for the period July 1, 2025, through June 30, 2028. FISCAL IMPACT: 100% Library Fund. BACKGROUND: On September 9, 2025, the Board of Supervisors approved the purchase of library materials through Children's Plus Inc., DBA Libraria in the amount of $3,000,000. Since that approval, the Library’s primary vendor had advised that they are unable to fulfill orders. The Library respectfully requests approval from the Board of Supervisors to increase the approved amount by $3,000,000 for a total of $6,000,000 order books for the Library’s collection from Libraria. The Library offers patrons physical materials for all ages and would order physical materials through Children’s Plus Inc., DBA Library. Materials from the vendor include full processing so items arrive shelf-ready. Orders through this vendor assist the Library in meeting the educational, recreational, and informational needs of its communities. The terms and conditions include limitation of liability and indemnification language which was reviewed by CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4407,Version:1 County Counsel. CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order is not approved, the Contra Costa County Library will not be able to provide patrons with the books and materials available through Libraria. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4408 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order amendment with Brodart Co., to increase the payment limit by $4,760,495 with no change to the term through June 30, 2028, for additional library books. (100% Library Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Purchase Order with Brodart Co. for Library Materials Through August 31, 2028 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order amendment with Brodart Co., to increase the payment limit by $4,760,495, with no change to the term, for Library books for the collection, for the period July 1, 2025, through June 30, 2028. FISCAL IMPACT: 100% Library Fund. BACKGROUND: Brodart Co. supports the Library in providing timely access to the most in-demand information for patrons throughout the County, and saves considerable staff and funding resources in doing so by providing integration with the Library’s existing technologies, robust customer service, and additional specified processing services as needed for materials purchased. This saves the Library considerable staff and financial resources and helps the Library to provide excellent service to our communities. The library’s existing purchase order with Brodart Co. for books for the Library’s collection is $150,000. The library is seeking an amendment to this purchase order to increase the payment limit by $4,760,495 due to Library’s primary vendor’s inability to fulfill orders. The Library respectfully requests to increase the total payment limit to $4,910,495. CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order is not approved, the Contra Costa County Library will no longer be able to provide such timely access to a wide variety of new release books that support the recreational, educational, and informational needs of Contra Costa County library patrons. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4408,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4409 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with PDQ.COM Corporation in an amount not to exceed $6,720 for the renewal of the SmartDeploy Pro subscription, which is used to deploy computer images, for the period October 8, 2025 through October 7, 2026. (100% Library Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Alison McKee, County Librarian Report Title:Purchase Order with PDQ.COM Corporation for SmartDeploy Pro Subscription through October 7, 2026 ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order with PDQ.COM Corporation, subject to the terms of their EULA, in an amount not to exceed $6,720 for the renewal of SmartDeploy Pro subscription, for the period October 8, 2025, through October 7, 2026. FISCAL IMPACT: 100% Library Fund. BACKGROUND: The Library uses SmartDeploy services which allows IT staff to efficiently deploy Staff and Public computer Images. This is the main software we use to deploy computer images. The terms and conditions include limitation of liability and indemnification language and the governing law and jurisdiction is in Utah, which was reviewed by County Counsel. CONSEQUENCE OF NEGATIVE ACTION: If the Purchase Order is not approved, the Contra Costa County Library will not be able to provide patrons and staff with an effective way to deploy Computer Images. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:2RES 2025- 352 Name: Status:Type:Consent Resolution Passed File created:In control:10/3/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-352 to approve and authorize the Public Defender, or designee, to apply for, accept, and execute a grant award agreement, including any modifications or extensions thereof, with the Office of the State Public Defender, Expanded Public Defense Grant, in an amount not to exceed $850,000 to expand holistic legal representation for indigent clients impacted by California's new Proposition 36, for the period February 1, 2026 through June 1, 2028. (100% State) Attachments:1. 2025-10-21 C.100 Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 2 Pass To: Board of Supervisors From:Ellen McDonnell, Public Defender Report Title:Execute a Grant Award Agreement with the Office of the State Public Defender, Expanded Public Defense Grant ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a Resolution No. to approve and authorize the Public Defender, or designee, to apply for, accept, and execute a grant award agreement, including any modifications or extensions thereof, pursuant to State guideline, with the Office of the State Public Defender, Expanded Public Defense Grant, in an amount not to exceed $850,000, to expand holistic legal representation for indigent clients impacted by California’s new Proposition 36, for the period February 1, 2026 through June 1, 2028. FISCAL IMPACT: The Public Defender will receive up to $850,000 over a three fiscal year period to fund holistic defense services. BACKGROUND: The 2025-2026 Budget Act (AB 102) allocated funding for a grant program to expand public defense services, specifically to establish or expand holistic defense services. The grant service period is 26 months, and allowable uses of the funding include: ·Hiring social workers, mental health professionals, housing specialists or similar staff who can support CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-352,Version:2 holistic defense for clients. ·Establishing or expanding any holistic defense initiative. ·Specialized training for defense attorneys and interdisciplinary staff in holistic defense implementation. ·Data collection and independent evaluation on the impact of holistic defense as it relates to client outcomes and public safety. The Public Defender is seeking to apply for Expanded Public Defense Grant funds that will provide holistic representation to indigent clients charged with, or at high risk of being charged with, felony crimes as established by the state’s new Proposition 36 law. The intent of the proposed program is to enhance public safety and reduce criminal legal involvement for high-needs clients, such as those detailed in Contra Costa County’s Familiar Faces research project, by better connecting them to stabilizing resources, including public income benefits and CalAIM’s Medi-Cal-funded services. CONSEQUENCE OF NEGATIVE ACTION: The Public Defender will be unable to apply for and accept the grant. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF Public Defense Grant award for the period February 1, 2026 through June 1, 2028. WHEREAS, the Board of Supervisors, Contra Costa County, desires to undertake a certain project designated CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-352,Version:2 as holistic legal representation for indigent clients impacted by California’s new Proposition 36, to be funded in part from funds made available under the authority of the California office of the Public Defender. NOW, THEREFORE, BE IT RESOLVED that the Public Defender of the County of Contra Costa is authorized to execute, on behalf of the Board of Supervisors, the Grant Award Agreement, including any extensions or amendments thereof. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 353 Name: Status:Type:Consent Resolution Passed File created:In control:9/25/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-353 approving and authorizing the Public Works Director, or designee, to fully close a portion of McBryde Avenue, on November 11, 2025, from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, Richmond area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 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 McBryde Avenue on November 11, 2025, from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, Richmond 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 McBryde Avenue,on November 11,2025,from 7:30 a.m.through 5:30 p.m.,for the purpose of replacing a utility pole, Richmond area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: Pacific Gas &Electric Company (PG&E)will be replacing a joint pole hard-set south of existing pole, installing a raptor perch,replacing down guys,transferring services,installing messenger guy,installing a streetlight and trimming overgrown tree/vines.Due to the narrow road width of McBryde Avenue at the work site,Pacific Gas &Electric Company has requested the road closure to complete this overhead work.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.This request was previously approved by the Board of Supervisors on September 9,2025,and in Resolution No.2025-295.The applicant has submitted a new request due to a revision in construction scheduling. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road to complete planned utility work. c:Jocelyn LaRocque-Engineering Services,Marke Smith-Engineering Services,Devon Patel-Engineering Services,Bob Hendry-Engineering CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-353,Version:1 Services, Michelle Cordis-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 McBryde Avenue,on November 11,2025,from 7:30 a.m.through 5:30 p.m.,for the purpose of replacing a utility pole, Richmond area. (District I) RC25-32 NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to fully close McBryde Avenue,from 5847 McBryde Avenue to 5863 McBryde Avenue,except for emergency traffic,local residents,US Postal Service and garbage trucks,on November 11,2025,from 7:30 a.m.through 5:30 p.m., subject to the following conditions: 1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works Department.Emergency vehicles,residents within the 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 California Highway Patrol,Sheriff’s Office,and the Contra Costa Fire Protection District. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-353,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 354 Name: Status:Type:Consent Resolution Passed File created:In control:9/25/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-354 approving and authorizing the Public Works Director, or designee, to fully close a portion of Sunset Drive, on October 28, 2025, from 8:30 a.m. through 4:00 p.m., for the purpose of replacing a utility pole, El Sobrante area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 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 Sunset Drive on October 28, 2025, from 8:30 a.m. through 4:00 p.m., for the purpose of replacing a utility pole, El Sobrante 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 Sunset Drive,at the intersection with Butera Place,on October 28,2025,from 8:30 a.m.through 4:00 p.m., for the purpose of replacing a utility pole, El Sobrante area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: Due to the narrow road width of Sunset Drive at the work site,Pacific Gas &Electric Company (PG&E)has requested the road closure to replace a utility pole,pole riser,and an overhead transformer.Tree trimming may also be required.The insufficient road width makes it difficult to set up and operate boom trucks,as well as 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 and associated utility work. c:Jocelyn LaRocque-Engineering Services,Marke Smith-Engineering Services,Devon Patel-Engineering Services,Bob Hendry-Engineering Services, Michelle Cordis-Maintenance, CHP, Sheriff-Patrol Div. Commander CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:RES 2025-354,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF:approving and authorizing the Public Works Director,or designee,to fully close a portion of Sunset Drive,at the intersection with Butera Place,on October 28,2025,from 8:30 a.m.through 4:00 p.m., for the purpose of replacing a utility pole, El Sobrante area. (District I) RC25-33 NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to fully close Sunset Drive,at the intersection with Butera place,except for emergency traffic,local residents,US Postal Service and garbage trucks,on October 28,2025,from 8:30 a.m.through 4:00 p.m.,subject to the following conditions: 1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works Department.Emergency vehicles,residents within the 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 required permits from the City of Richmond for the construction activities and road closure within city rights of way. 6.Obtain approval for the closure from the California Highway Patrol,Sheriff’s Office,and the Contra Costa Fire Protection District. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 355 Name: Status:Type:Consent Resolution Passed File created:In control:9/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-355 approving the Parcel Map for minor subdivision MS22-0005, for a project being developed by Central Assembly of Richmond, as recommended by the Public Works Director, El Sobrante area. (No fiscal impact) Attachments:1. Parcel Map, 2. Tax Letter Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To: Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Approve the Parcel Map for minor subdivision MS22-0005, for a project being developed by Central Assembly of Richmond, El Sobrante area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution approving the Parcel Map for minor subdivision MS22-0005,for a project being developed by Central Assembly of Richmond,as recommended by the Public Works Director,El Sobrante area.(District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for minor subdivision MS22-0005 and has determined that all conditions of approval for Parcel Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Parcel Map will not be approved and recorded. c:Jocelyn.LaRocque-Engineering Services,Alex Vazquez-Engineering Services,Anthony DiSilvestre-Engineering Services,Theresa Shepherd- Design/Construction,Renee Hutchins-Records,Karen Piona-Records,Chris Halford-Mapping,Ciara Herrold-Finance,Everett Louie-DCD,Central Assembly of Richmond, Old Republic Title Company CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:RES 2025-355,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF:approving the Parcel Map for minor subdivision MS22-0005,for a project being developed by Central Assembly of Richmond,as recommended by the Public Works Director,El Sobrante area. (District I) WHEREAS, the following documents were present for board approval this date: I.Map The Parcel Map of minor subdivision MS22-0005,property located in the El Sobrante area,Supervisorial District I, said map having been certified by the proper officials. II.Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2025-2026 tax lien has been paid in full. NOW, THEREFORE, BE IT RESOLVED: 1.That said minor subdivision,together with the provisions for its design and improvement,is DETERMINED to be consistent with the County’s general and specific plans. 2.That said Parcel Map is APPROVED and this Board does hereby accept subject to installation and acceptance of improvements on behalf of the public any of the streets,paths,or easements shown thereon as dedicated to public use. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 356 Name: Status:Type:Consent Resolution Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-356 approving and authorizing the Public Works Director, or designee, to fully close all of Yale Circle and a portion of Yale Avenue, on November 7, 2025, from 8:00 a.m. through 5:00 p.m., for the purpose of replacing an existing utility pole and installing an additional new pole, Kensington area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To: Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Approve and Authorize to fully close all of Yale Circle and a portion of Yale Avenue on November 7,2025,from 8:00 a.m.through 5:00 p.m.,for the purpose of replacing an existing utility pole and installing an additional new pole, Kensington area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close all of Yale Circle and a portion of Yale Avenue,beginning at 258 Yale Avenue and extending through Yale Circle,on November 7,2025,from 8:00 a.m.through 5:00 p.m.,for the purpose of replacing an existing utility pole and installing an additional new pole, Kensington area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: Due to the scope of the planned improvements at the work site,Pacific Gas &Electric Company (PG&E)has requested the road closure to replace an existing utility pole and install an additional new utility pole.The associated overhead electrical work,in conjunction with the pole replacement,will limit the ability to safely maintain access during working hours.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 and the installation of an additional pole. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-356,Version:1 c: Jocelyn LaRocque-Engineering Services, Marke Smith-Engineering Services, Devon Patel-Engineering Services, Bob Hendry-Engineering Services, Michelle Coris-Maintenance, Kensington Police Department, and Kensington Fire Protection Division. 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 all of Yale Circle and a portion of Yale Avenue,beginning at 258 Yale Avenue and extending through Yale Circle,on November 7,2025,from 8:00 a.m.through 5:00 p.m.,for the purpose of replacing an existing utility pole and installing an additional new pole, Kensington area. (District I) RC25-28 NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to fully close Yale Circle and a portion of Yale Avenue,beginning at 258 Yale Avenue and extending through Yale Circle,except for emergency traffic,local residents,US Postal Service and garbage trucks,on November 7, 2025, 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 Kensington Police Department,and the Kensington Fire Protection District. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-356,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 357 Name: Status:Type:Consent Resolution Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-357 approving and authorizing the Public Works Director, or designee, to fully close a portion of Oak View Avenue, between Colusa Avenue and Santa Fe Avenue, on November 30, 2025, from 3:30 p.m. through 7:00 p.m., for the purpose of an annual holiday fair, Kensington area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 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 Oak View Avenue on November 30,2025, from 3:30 p.m. through 7:00 p.m., for the purpose of an annual holiday fair, Kensington area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion of Oak View Avenue,between Colusa Avenue and Santa Fe Avenue,on November 30,2025,from 3:30 p.m. through 7:00 p.m., for the purpose of an annual holiday fair, Kensington area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: Zip Code East Bay indicates this annual holiday fair provides a great opportunity for people to gather and helps foster a sense of community. Applicant shall follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. c:Jocelyn LaRocque-Engineering Services,Marke Smith-Engineering Services,Devon Patel-Engineering Services,Bob Hendry-Engineering Services, Michelle Cordis-Maintenance, Kensington Police Department, Kensington Fire Protection District. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-357,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF:Approving and Authorizing the Public Works Director,or designee,to fully close a portion of Oak View Avenue,between Colusa Avenue and Santa Fe Avenue,on November 30,2025,from 3:30 p.m. through 7:00 p.m., for the purpose of an annual holiday fair, Kensington area. (District I) RC25-36 NOW,THEREFORE,BE IT RESOLVED that permission is granted to Zip Code East Bay to fully close Oak View Avenue,between Colusa Avenue and Santa Fe Avenue,except for emergency traffic,local residents,and garbage trucks, on November 30, 2025, from 3:30 p.m. through 7:00 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. Zip Code East Bay 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.Notify and obtain acknowledgements of the planned closure from the Kensington Police Department,and the Kensington Fire Protection District. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-357,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 358 Name: Status:Type:Consent Resolution Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-358 accepting completion of private improvements and release of cash deposit for Drainage Improvement Agreement DA04-00035, for a project developed by Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (100% Developer Fees) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To: Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Accepting completion of private improvements for Drainage Improvement Agreement DA04- 00035, Danville area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution accepting completion of private improvements and release of cash deposit for faithful performance for Drainage Improvement Agreement DA04-00035,for a project developed by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp.,as recommended by the Public Works Director,Danville area. (District II) FISCAL IMPACT: 100% Developer Fees. BACKGROUND: The developer has completed the private improvements per the Drainage Improvement Agreement,and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The developer will not receive a refund of the cash deposit,and surety bond will not be exonerated,and completion of private improvements will not be accepted. c:Jocelyn LaRocque-Engineering Services,Alex Vazquez-Engineering Services,Kellen O’Connor-Engineering Services,Devon Patel-Engineering Services,Paul Tehaney-Design/Construction,Theresa Shepherd-Design/Construction,Ciara Herrold-Finance,Michelle Cordis-Maintenance,Chris Hallford-Mapping, C. Low-City of San Ramon, Shapell Homes, National Fire Insurance Company of Hartford, T-April 21, 2026 CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-358,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:accepting completion of private improvements and release of cash deposit for faithful performance for Drainage Improvement Agreement DA04-00035,for a project developed by Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp.,as recommended by the Public Works Director,Danville area. (District II) WHEREAS,the Public Works Director has notified this Board that the private improvements in Drainage Improvement Agreement DA04-00035 have been completed as provided in the Drainage Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. WHEREAS, these improvements are approximately located near Casablanca Street and Charbray Street. NOW,THEREFORE,BE IT RESOLVED that the improvements have been COMPLETED as of October 21, 2025,thereby establishing the six-month terminal period for the filing of liens in case of action under said Drainage Improvement Agreement: DATE OF AGREEMENT: January 9, 2007 NAME OF SURETY: National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials)surety for $122,250.00,Bond No.929412116 issued by the above surety be RETAINED for the six month lien guarantee period until April 21,2026,at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. BE IT FURTHER RESOLVED that upon approval by the Board of Supervisors,the developer,Shapell Homes, a Division of Shapell Industries,Inc.,a Delaware Corp.,shall retain the private improvements for maintenance and ownership in accordance with the geologic hazard abatement district (GHAD)plan of control,and until accepted by the GHAD. BE IT FURTHER RESOLVED that there is no warranty period required,and the Public Works Director is CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-358,Version:1 BE IT FURTHER RESOLVED that there is no warranty period required,and the Public Works Director is AUTHORIZED to refund the $2,400.00 cash security for performance (Auditor's Deposit Permit No. DP473531,dated October 25,2006)plus interest in accordance with Government Code Section 53079,if appropriate,to Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp.,pursuant to the requirements of the Ordinance Code;and the Drainage Improvement Agreement and surety bond,Bond No. 929412116, dated October 25, 2006 are EXONERATED CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 359 Name: Status:Type:Consent Resolution Passed File created:In control:10/13/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-359 terminating and abandoning an Offer of Dedication of excess road right of way on Bernhard Avenue, and AUTHORIZE the Director of Public Works to execute a quitclaim deed to release any interest the County may have in the property, as recommended by the Public Works Director, Richmond area. (100% Applicant Fees) Attachments:1. Recordable Resolution Exhibit A and B, 2. Quitclaim Deed Exhibit A and B, 3. Map of Tewksbury Heights Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To: Board of Supervisors From: Warren Lai, Public Works Director/Chief Engineer Report Title:Termination of County’s interest in Excess Road Right of Way on Bernhard Avenue, Richmond area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: DETERMINE that the offer of dedication on Bernhard Avenue for road (highway)purposes is not required for County road (highway) purposes. ADOPT Resolution to terminate and abandon an offer of dedication of excess right of way on Bernhard Avenue in Richmond which is described in Exhibit A and Exhibit B attached to the Resolution and is no longer required for street or highway purposes pursuant to Streets and Highway Code section and 8334(a)and Government Code section 66477.2(2). AUTHORIZE the Public Works Director,or designee,to execute and deliver a quitclaim deed to the underlying property owner of APN 418-061-011for recording in the Office of the County Clerk-Recorder,to quitclaim any remaining interest of the County in the dedication area pursuant to Streets and Highway Code section 960 and Government Code section 25526.5. DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA),pursuant to Article 5,Section 15061(b)(3)of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, DIRECT the Real Estate Division to record the above referenced Resolution,along with a certified copy of this Staff Report in the Office of the County Clerk-Recorder. CONTRA COSTA COUNTY Printed on 11/12/2025Page 1 of 2 powered by Legistar™ File #:RES 2025-359,Version:1 FISCAL IMPACT: 100% Applicant Fees. BACKGROUND: Public Works staff have determined that (1)the excess right-of-way being vacated and quitclaimed on Bernhard Avenue has not been accepted by the County,(2)the offered area is not required,and will not be used for the purpose for which it was dedicated. The Applicant is requesting the excess road right-of-way be vacated and quitclaimed and to formally clarify that the Offer of Dedication will not be enacted.The Board’s actions will expressly terminate and abandon the offer of dedication and remove the County’s interest from the title to the underlying property.Any future development or use of the Property will be subject to further review under CEQA. CONSEQUENCE OF NEGATIVE ACTION: The County will not expressly terminate and abandon the offer of dedication. CONTRA COSTA COUNTY Printed on 11/12/2025Page 2 of 2 powered by Legistar™ Recorded at the request of: Clerk of the Board Return To: Public Works Dept THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on _______________________________by the following vote: Resolution No. IN THE MATTER OF: Termination and Abandonment Offer of Dedication for excess right of way of Bernhard Avenue, Richmond Area, District I. Project No.: 0676-6Q1829 WHEREAS, Contra Costa County received, but did not accept, an offer of dedication for roadway purposes of Bernhard Avenue, Richmond area. The offer of dedication was included on the approved map entitled Map of Tewksbury Heights, filed on September 30, 1909, in Book 2 of Maps, at Page 38. WHEREAS, the excess right of way described in Exhibit A and Exhibit B attached hereto (Property) was not accepted, and it has been determined that the excess right of way is not needed for any current or future County road (highway) purposes. WHEREAS, the current owners of the adjacent property known as APN 418-061-011 have requested that the area described in Exhibit A and depicted in Exhibit B attached hereto be vacated. WHEREAS, this termination and abandonment of the offer of dedication of the Property is made pursuant to Government Code 66477.2 subdivision (c) and to Part 3 of Division 9, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq., and, specifically, Section 8334(a) on the basis that the offer of dedication for roadway purposes is excess and not required for County road (highway) purposes. WHEREAS, there are no known public facilities within the easement area. AYE: NO: ABSENT: ABSTAIN: RECUSE: NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of Contra Costa County that: The Board FINDS that the 1909 Bernhard Avenue offer of dedication for roadway (highway) purposes is excess and not required for the County roadway (highway) purposes. The offer of dedication described in Exhibit A and depicted in Exhibit B is hereby TERMINATED and ABANDONED pursuant to Government Code sections 7050 and 66477.2 subdivision (c), and Streets and Highways Code Section 8334(a). The Board DIRECTS the Public Works Director, or designee, to cause a certified copy of this Resolution to be recorded in the Office of the County Clerk-Recorder. From and after the date this Resolution is recorded, the Offer of Dedication described in Exhibit A is terminated and the County’s right to accept the offer is abandoned. Contact: Tasha Thaxton 925-655-3137 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy Cc: BE R N H A R D A V E N U E (60 ' W I D E ) N4 3 ° 3 0 ' 0 0 " W R=30.00' ∆=65°16'15" L=34.18'R=30.00' ∆=35°43'30" L=18.71' N57°2 9 ' 4 5 " E 9 0 . 2 5 ' S27 ° 2 9 ' 3 0 " W 1 1 0 . 1 6 ' LOT 1 LOT 1 5 LOT 1 4 LOT 1 3 LOT 1 6 LOT 2 LOT 17 LOT 16 RA L S T O N A V E N U E (F R E S N O A V E N U E ) (6 0 ' W I D E ) AR L I N G T O N B O U L E V A R D (T U L A R E A V E N U E ) (6 0 ' W I D E ) AREA : 17,39 6 ± S Q . F T . (0.39 9 ± A C . ) N68° 1 3 ' 4 5 " W ( R ) N85°46'3 0 " W ( R ) LOT 3 LOT 4 LOT 5 LOT 1 2 15 16 N2 8 ° 1 8 ' 0 0 " W 69 . 2 2 ' POB ∆=50°0 4 '15" L=104.87' R =120.00' N27 ° 2 9 ' 3 0 " E 66. 6 2 ' ∆=32°31' 3 0 " L=90.83' R =16 0.00' N0 4 ° 1 3 ' 3 0 " E 53 . 2 8 ' R=350.00' L=142.13' ∆=23°16'00" L=65.04'∆=124°12'30" R=30.00' L=57.77' ∆=30°00'15" R=110.32' R=30 . 0 0 '∆=94°12 ' 1 5 " L=49 . 3 3 ' R=5 0 . 3 2 ' ∆=30°0 0 ' 1 5 " L=2 6 . 3 5 ' 27.56 ' S57°2 9 ' 4 5 " W S28°18 ' 0 0 " E 9.25'29 . 6 5 ' LOT 15 POC APN 4 1 8 - 0 6 1 - 0 1 1 14 SCALE: DRAWN BY: CHECKED BY: DATE: DRAWING NO. Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Fi l e P a t h K: \ s u r v e y s \ R i g h t o f W a y \ 1 0 6 5 W B e r n h a r d A v e n u e \ T e r m i n a t i o n o f O f f e r o f D e d i c a t i o n \ 1 0 6 5 W B e r n h a r d A v e n u e T e r m i n a t i o n . d w g P l o t D a t e : 7/ 2 4 / 2 0 2 5 3 : 2 0 : 4 3 P M Page 1 of 1 1" = 50' DCF DMT 07/24/2025 A1065W-2025 Instr. Document No. Recorded EXHIBIT "B" PLAT TO ACCOMPANY EXHIBIT "A" R/W Termination of a Portion of Offer of Dedication for Bernhard Avenue by County UNINCORPORATED (RICHMOND)Feet 0 25 50 CAD FILE: 1065W Bernhard Avenue Termination.dwg Recorded at the request of: Contra Costa County After recording return to: Mandana Hakim-Afzal 1835 Cedar St. Berkeley, CA 94703 Mail Tax Statement to: Mandana Hakim-Afzal 1835 Cedar St. Berkeley, CA 94703 The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $ QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Does hereby remise, release, and forever quitclaim to Mandana Hakim-Afzal, Trustee of The Mandana Hakim Afzal Living Trust, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT A AND B ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY Date: By ______________________________________ Candace Anderson Chair, Board of Supervisors G:\realprop\FORMS\DE.04 Quitclaim Deed (granting out).doc 02/2021 \\PW-DATA\grpdata\realprop\Vacations -Terminations\Bernhard Ave., Richmond\DE.04 Quitclaim Deed (granting out).doc STATE OF CALIFORNIA) § COUNTY OF CONTRA COSTA ) § On before me, ______ Clerk of the Board of Supervisors, Contra Costa County, personally appeared ____, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct . WITNESS my hand and official seal. Signature: Deputy Clerk 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. BE R N H A R D A V E N U E (60 ' W I D E ) LOT 1 4 APN 4 1 8 - 0 6 1 - 0 1 1 LOT 1 3 LOT 2 RA L S T O N A V E N U E (F R E S N O A V E N U E ) (6 0 ' W I D E ) LOT 3 15 16 N2 8 ° 1 8 ' 0 0 " W 43 . 6 6 ' POB N27 ° 2 9 ' 3 0 " E 6 6 . 6 2 ' R=30.00' ∆=124°12'30" L=65.04' ∆=30°00'15"L=57.77' R=110.32' S2 8 ° 1 8 ' 0 0 " E 29 . 6 5 ' POC 14 LOT 1 5 S4 3 ° 3 0 ' 0 0 " E 16 . 8 2 ' S31 ° 4 6 ' 4 8 " W 6 4 . 1 4 ' S44 ° 0 2 ' 4 3 " W 7 6 . 9 4 ' S55°3 3 ' 1 7 " W 35.99 ' N57°29'45"E 4.40' ARE A : 3,63 7 ± S Q . F T . (0.0 8 4 ± A C . ) SCALE: DRAWN BY: CHECKED BY: DATE: DRAWING NO. Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Fi l e P a t h K: \ s u r v e y s \ R i g h t o f W a y \ 1 0 6 5 W B e r n h a r d A v e n u e \ T e r m i n a t i o n o f O f f e r o f D e d i c a t i o n \ 1 0 6 5 W B e r n h a r d A v e n u e Q u i t c l a i m . d w g P l o t D a t e : 7/ 2 8 / 2 0 2 5 1 1 : 4 7 : 5 7 A M Page 1 of 1 1" = 30' DCF DMT 07/28/2025 A1065W-2025A Instr. Document No. Recorded EXHIBIT "B" PLAT TO ACCOMPANY EXHIBIT "A" QUITCLAIM DEED PORTION OF BERNHARD AVENUE (2 M 38) UNINCORPORATED (RICHMOND) CAD FILE: 1065W Bernhard Avenue Quitclaim.dwg 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 360 Name: Status:Type:Consent Resolution Passed File created:In control:9/30/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-360 approving and authorizing the Public Works Director, or designee, to fully close a portion of Coventry Road, on November 5, 2025, from 7:30 a.m. through 5:30 p.m., for the purpose of a utility pole replacement, Kensington area. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 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 Coventry Road,on November 5,2025,from 7:30 a.m. through 5:30 p.m., for the purpose of a utility pole replacement, Kensington area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion of Coventry Road,between 645 Coventry Road and 639 Coventry Road,on November 5,2025,from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, Kensington area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: Due to the narrow road width of Coventry Road 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 set up and operate boom trucks,as well as 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. c: Jocelyn LaRocque-Engineering Services, Marke Smith-Engineering Services, Devon Patel-Engineering Services, Bob Hendry-Engineering Services, Michelle Cordis-Maintenance, Kensington Police Department, and Kensington Fire Protection District CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-360,Version:1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF:Approving and authorizing the Public Works Director,or designee,to fully close a portion of Coventry Road,between 645 Coventry Road and 639 Coventry Road,on November 5,2025,from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, Kensington area. (District I) RC25-39 NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to fully close Coventry Road,between 645 Coventry Road and 639 Coventry Road,except for emergency traffic, local residents,US Postal Service and garbage trucks,on November 5,2025,from 7:30 a.m.through 5:30 p.m., subject to the following conditions: 1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works Department.Emergency vehicles,residents within the 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.Notify and obtain acknowledgements of the planned closure from the Kensington Police Department,and the Kensington Fire Protection District. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-360,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4410 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a blanket purchase order with AlsoEnergy, Inc. in the amount not to exceed $100,000 for the purchase of hardware and software facilitating the collection of data for photovoltaic systems for the period of October 1, 2025 through September 30, 2028, Countywide.(100% User Departments) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Blanket purchase order with AlsoEnergy, Inc. for hardware and software. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a blanket purchase order with AlsoEnergy,Inc.in the amount not to exceed $100,000 for the purchase of hardware and software facilitating the collection of data for photovoltaic systems for the period of October 1, 2025 through September 30, 2028, Countywide. FISCAL IMPACT: 100% User Departments. BACKGROUND: AlsoEnergy’s PowerTrack platform is already in use for multiple County solar photovoltaic installations governed by existing Power Purchase Agreements.Expanding its use to additional sites allows all solar production data to be centralized within a single,consistent platform.This streamlines monitoring,reporting,and troubleshooting across the County’s photovoltaic portfolio. The AlsoEnergy,Inc.Terms and Conditions of Sale contain an indemnification clause,requiring the County to Indemnify AlsoEnergy,Inc.,as well as a limitation of liability stating that AlsoEnergy,Inc.’s liability will not exceed the amount actually paid to AlsoEnergy,Inc.by the County in accordance with the relevant transaction document during the twelve months immediately preceding the events giving rise to the first such claim. CONSEQUENCE OF NEGATIVE ACTION: Without executing the purchase order Public Works will be unable to collect and track production data of the applicable locations’ photovoltaic system. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4410,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4411 Name: Status:Type:Consent Item Passed File created:In control:9/23/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, an amendment to a blanket purchase order with County Asphalt LLC, effective October 21, 2025, to extend the term through April 25, 2027, with no change to the payment limit, Countywide. (No Fiscal Impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:APPROVE and AUTHORIZE the Purchasing Agent to execute a blanket purchase order amendment with County Asphalt LLC, for hot mix asphalt. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute,on behalf of the Public Works Director,an amendment to a blanket purchase order with County Asphalt LLC,effective October 21,2025,to extend the term through April 25, 2027, Countywide. FISCAL IMPACT: No fiscal impact, as this amendment is only to extend the term. BACKGROUND: The Contra Costa County Public Works Department maintains over 660 miles of roads,79 miles of creeks and channels, and 29 detention basins and dams throughout Contra Costa County. On January 21,2022,the County issued Invitation for Bid (IFB)2201-553 with the intent to award blanket purchase orders to four hot mix asphalt vendors,one located in the north,south,east,and west County to ensure close proximity to the various job sites,to maintain asphalt temperature,and manage transportation costs. When IFB 2201-553 closed on February 11, 2022, only one bidder responded. On March 2, 2022, the County issued a second IFB, BID 2202-542, and when it closed, no bids were received. Having no bids to evaluate after two solicitations,the Public Works Maintenance Division requested direct quotes from historical vendors who had previously complied with the specification in the bid documents.Only one vendor responded, with exorbitantly high unit costs caused by the volatility in oil markets in 2022. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4411,Version:1 Using the informal bid process,the County requested a quote from County Asphalt LLC,who complied with the requirements for supplying hot mix asphalt in the North County (within 20 miles of the intersection of Interstate 680 and State Highway 4). On April 26,2022,the Board of Supervisors approved the execution of a blanket purchase order with County Asphalt LLC for the purchase of hot mix asphalt for routine road maintenance work. On April 1,2025,the Board of Supervisors approved blanket purchase order amendment No.1 for the purchase order with County Asphalt LLC.extending the completion date from April 26,2025 through April 25,2026 and increasing the payment limit from $850,000 to $1,050,000. This blanket purchase order amendment will extend the term through April 25,2027.Approval of this purchase order will allow the Public Works Department to continue to purchase hot mix asphalt. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the blanket PO amendment will prevent the Public Works Department from completing routine and emergency road maintenance in a timely manner. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4412 Name: Status:Type:Consent Item Passed File created:In control:10/3/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to award a construction contract in the amount of $5,907,000 with Dowdle & Sons Mechanical, Inc. for the Contra Costa Regional Medical Center Chiller Replacement Project, Martinez area. (100% Hospital Enterprise Fund I) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:AWARD and AUTHORIZE the Public Works Director, or designee, to execute a construction contract in the amount of $5,907,000 with Dowdle & Sons Mechanical, Inc., for the Contra Costa Regional Medical Chiller Replacement Project at 2500 Alhambra Avenue, Martinez. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: (1)APPROVE the design and bid documents, including the plans and specifications, for the above project. (2)DETERMINE that the bid submitted by Dowdle &Sons Mechanical,Inc.(Dowdle)complies with all requirements of the Project specifications, including the requirements of the County’s Outreach Program. (3)DIRECT that Dowdle shall submit two good and sufficient security bonds (performance and payment bonds)in the amount of $5,907,000 each. (4)WAIVE any minor irregularities in Dowdle’s bid. (5)FURTHER DETERMINE that Dowdle submitted the lowest responsive and responsible bid for this Project. (6)DIRECT that,as a condition of contract award,Dowdle and its subcontractors shall execute a Project Labor Agreement for this Project, as required by the Project specifications. (7)AWARD the construction contract for the above Project to Dowdle in the listed amount ($5,907,000)submitted in the bid, and DIRECT the Public Works Director, or designee, to prepare the contract. (8)ORDER that,after Dowdle has signed the contract and returned it,together with the bonds,evidence of insurance, and other required documents,and the Public Works Director has reviewed and found them to be sufficient,the Public Works Director, or designee, is authorized to sign the contract for this Board. (9)ORDER that,in accordance with the Project specification and upon signature of the construction contract by the Public Works Director,or designee,any bid bonds posted by the bidders are exonerated and any checks or cash CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:25-4412,Version:1 Public Works Director,or designee,any bid bonds posted by the bidders are exonerated and any checks or cash submitted for bid security shall be returned. (10)AUTHORIZE the Public Works Director,or designee,to sign any escrow agreements prepared for this Project to permit the direct payment of retention into escrow for the substitution of securities for monies withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 2230. (11)AUTHORIZE the Public Works Director,or designee,to order changes or additions to the work pursuant to the Public Contract Code Section 20142.The extra cost to the County for any change or addition to the work so ordered shall not exceed $210,000. (12)DELEGATE,pursuant to Public Contract Code Section 4114,to the Public Works Director,or designee,the Board’s functions under Public Contract Code Section 4107 and 4110. (13)DECLARE that,should the award of contract to Dowdle be invalidated for any reason,the Board would not in any event have awarded the contract to any other bidder,but instead would have exercised its discretion to reject the bids received.Nothing in this Board Order shall prevent the Board from re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake,refuses to sign the contract,or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). FISCAL IMPACT: 100% Hospital Enterprise Fund I BACKGROUND: This project will replace the three existing chiller units that currently serve the Contra Costa Regional Medical Center (CCRMC)hospital.The existing chillers are original to the acute care hospital that was designed in 1993,and have been in use since the 1990’s.They have ongoing maintenance problems,and parts are becoming obsolete and harder to source.This results in lengthy periods of downtime and creates potential for impacting patient care as well as falling out of compliance with regulatory requirements. The new chillers units will have a larger capacity to allow for future hospital expansion.The chiller work also includes rerouting piping within the chiller plant,replacement and relocation of the chilled water expansion tank, and installation of a new refrigerant leak detection system. An interim chiller and generator will be installed to provide service during construction at times when permanent equipment is not functional.They will be operational throughout the project phases as existing chillers are taken offline sequentially.After all new equipment is installed and connected to permanent pipes and conduit, all interim equipment will be shut down and removed. This project will be under the jurisdiction of the California Department of Health Care Access and Information (HCAI)and will be categorized as an HCAI level 1 project,which has the most stringent requirements for a hospital project. Permits have already been secured from HCAI to do the work. On June 24,2025,the Board of Supervisors authorized the Public Works Director to solicit bids for the Project. The Construction cost estimate was $7,882,595.General prevailing wage rates will be the minimum rates paid on this project.Four bids were received and opened by the Public Works Department on September 18,2025, and the bid results are as follows: BIDDER BID AMOUNT Dowdle & Sons Mechanical, Inc.$5,907,000 ACCO Engineered Systems $6,358,880 Matrix HG, Inc.$6,856,786 EMCOR Services, Mesa Energy Systems, Inc.$7,862,788 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:25-4412,Version:1 BIDDER BID AMOUNT Dowdle & Sons Mechanical, Inc.$5,907,000 ACCO Engineered Systems $6,358,880 Matrix HG, Inc.$6,856,786 EMCOR Services, Mesa Energy Systems, Inc.$7,862,788 Public Works Department staff has thoroughly reviewed the bids and determined that Dowdle’s bid is responsive and that Dowdle has documented an adequate good faith effort to comply with the requirements of the County’s Outreach Program as provided in the Project specifications.Staff recommends that the construction contract for this Project be awarded to Dowdle,the lowest responsible bidder,in the amount of $5,907,000, as listed in Dowdle’s bid. CONSEQUENCE OF NEGATIVE ACTION: Without the Board of Supervisors’approval,the aging chiller units and associated equipment will not be replaced. As repairs to existing equipment become more difficult to implement,lengthy downtimes will become unavoidable and will likely impact patient care and occupant comfort. The CCRMC may fall out of regulatory compliance. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4413 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an Amendment Number 1 to the Freeway Maintenance Agreement between Contra Costa County and the State of California, Department of Transportation, to establish maintenance responsibilities along the Livorna Road underpass at Interstate 680 and APPROVE plans for striping along the Livorna Road underpass from San Ramon Creek to Sugarloaf Drive, Alamo area. (100% Local Road Funds) Attachments:1. Freeway Maintenance Agreement, 2. Amendment 1 to FMA, 3. Livorna Rd Underpass Layout, Exhibit A, 4. Livorna Road Restripe Plan-Signed Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Striping plan and agreement between Contra Costa County and the State of California, Department of Transportation, for the Livorna Road underpass at Interstate 680, Alamo area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute an Amendment Number 1 to the Freeway Maintenance Agreement between Contra Costa County and the State of California,Department of Transportation,to establish maintenance responsibilities along the Livorna Road underpass at Interstate 680 and APPROVE plans for striping along the Livorna Road underpass from San Ramon Creek to Sugarloaf Drive, Alamo area. (District II) FISCAL IMPACT: The cost for striping is estimated to be $108,000.00. (100% Local Road Funds) BACKGROUND: In 2021,Contra Costa County completed striping along Livorna Road as part of the 2021 Surface Treatment Project,but striping of the Livorna Road underpass at Interstate 680 was not completed during the project. Striping plans were prepared for the Livorna Road underpass to install class II bikeways (bike lanes)and left turn pockets for the northbound and southbound Interstate 680 ramps.The proposed striping is located within the California Department of Transportation (Caltrans)right-of-way,so staff applied for a Caltrans encroachment permit to implement the striping changes.The Caltrans encroachment permit requires the County to execute Amendment No.1 to the Freeway Maintenance Agreement to establish maintenance responsibilities for the proposed bikeways. County Counsel approved the Agreement as to form. CONSEQUENCE OF NEGATIVE ACTION: If the project and amendment are not approved,striping for bike lanes and left turn lanes would not be installed CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4413,Version:1 If the project and amendment are not approved,striping for bike lanes and left turn lanes would not be installed along the Livorna Road underpass at Interstate 680. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ Amendment No.1 04-CC-680- PM Var AMENDMENT No. 1 TO FREEWAY MAINTENANCE AGREEMENT OF STATE HIGHWAYS IN THE COUNTY OF CONTRA COSTA This AMENDMENT Number 1 to the Freeway Maintenance Agreement, hereafter referred to as “AMENDMENT No. 1”, is effective on , and is entered into by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE”, and the County of Contra Costa, hereinafter referred to as “COUNTY”. COUNTY and STATE together are hereafter referred to as “PARTIES”. WITNESSETH: WHEREAS, a Freeway Maintenance Agreement of State Highway in the County of Contra Costa, herein after referred to as “AGREEMENT”, was executed by COUNTY and STATE on January 26, 1965 ; and WHEREAS, AGREEMENT by its terms provides that it may be modified or amended at any time upon mutual consent of the PARTIES; and WHEREAS, the PARTIES mutually desire to identify the maintenance responsibilities of COUNTY for newly constructed and/or revised improvements within STATE's right of way by Encroachment Permit 04-22-NSI-4867; and WHEREAS, the PARTIES hereto now desire to amend AGREEMENT for said purpose as provided herein. NOW, THEREFORE, the PARTIES agree to amend AGREEMENT as follows: 1. EXHIBIT A to the AGREEMENT is hereby modified by replacing the existing Sheet 12 of 12 with the attached Exhibit A, numbered “Sheet 12-A,” which is incorporated into and made a part of the AGREEMENT for all purposes. 2. New Article 9 is hereby added to and made a part of the AGREEMENT to read as follows: “9. COUNTY is solely responsible for all permitted BICYCLE PATHS AND LANES constructed as permitted encroachments within STATE’s right of way, including but not limited to the delineation, drainage facilities, slope, and structural adequacy of said improvements. COUNTY will maintain, at COUNTY expense, a safe facility for bicycle travel along the entire length of the path/lane by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.” Amendment No.1 04-CC-680- PM Var 3. The changes made by this AMENDMENT No. 1 are hereby deemed to be included and made a part of the AGREEMENT and shall remain in full force and effect unless or until they are further amended or terminated. Except for those changes made by this AMENDMENT No. 1, the AGREEMENT remains unchanged and in full force and effect. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. COUNTY OF CONTRA COSTA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Chair, Board of Supervisors Attest: Clerk of the Board of Supervisors Approved as to form: By: LEAH BUDU, Deputy District Director Maintenance Division, District 04 Thomas L. Geiger Chief Assistant County Counsel By ___________________________ Deputy County Counsel I-680 N I-680 S LIVORNA RD LIVORNA R D B A I-680 N I-680 S A B Bi k e L a n e Bu f f e r Tr a v e l L a n e Me d i a n Le f t T u r n L a n e Tr a v e l L a n e Bu f f e r Typical Section Not to Scale A B Bi k e L a n e Si d e w a l k Si d e w a l k Cu r b Cu r b Fi l e P a t h \\ p w - d a t a \ g r p d a t a \ t r a n s e n g \ P r o j e c t s \ L i v o r n a R o a d U n d e r p a s s S t r i p i n g \ L i v o r n a R d U n d e r p a s s L a y o u t ( v 6 , 2 0 2 5 - 0 9 0 8 ) . d w g P l o t D a t e : 9/ 1 8 / 2 0 2 5 8 : 4 1 : 3 1 A M Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 Scale 1" = 50' EXHIBIT A, SHEET 12-A LOCATION No. 8: CC-680-PM R11.28 LIVORNA ROAD / INTERSTATE 680 UNDERPASS Detail 39 Detail 38 Detail 29 Existing Curb Existing Striping, Markings Proposed Bike Lane Markings Proposed Striping, Markings Detail 39 Detail 38 Detail 29 R81 R81B R81 R81A R81 R81B R81 R81A Proposed Sign Caltrans Right-of-Way INTERSTATE 680 LIVORNA UC Br. No. 28-0191 LIVORNA UC Br. No. 28-0191 INTERSTATE 680 Proposed Red Curb Conform to existing Conform to existing Detail 29Detail 29 LEGEND Limits of County Maintenance within State Right-of-Way W11-1 W11-1 DB: JS CB: MS DATE: 09/17/25 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4414 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of the County, a funding agreement with the Contra Costa Transportation Authority, to pay CCTA $285,535 in Fiscal Year 2025-2026 as the County’s 11.47% local share of the approximately $2.49 million cost to design and implement intelligent transportation system upgrades at 20 intersections countywide. (89% One Bay Area Grant Cycle 3 Funds, 11% Local Road Funds) Attachments:1. CCTA and Individual Smart Signals funding agreement Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Agreement between Contra Costa County and the Contra Costa Transportation Authority for the Countywide Smart Signals Project, Countywide. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of the County, a funding agreement with the Contra Costa Transportation Authority, to pay CCTA $285,535 in Fiscal Year 2025- 2026 as the County’s 11.47% local share of the approximately $2.49 million cost to design and implement intelligent transportation system upgrades at 20 intersections countywide. FISCAL IMPACT: The cost for the Countywide Smart Signals Project is estimated to be $2,489,886.(88.53%One Bay Area Grant Cycle 3 Funds, 11.47% Local Road Funds). BACKGROUND: The Contra Costa Transportation Authority (CCTA)is the project sponsor and designated lead agency for implementing the Countywide Smart Signals Project within Contra Costa County,which is a program to install signal system and intelligent transportation system equipment upgrades to key identified intersections within unincorporated Contra Costa County with the objective to coordinate and synchronize the timing of the signals. CCTA and Contra Costa County identified twenty intersections collectively along Appian Way,San Pablo Dam Road,Pacheco Boulevard,Treat Boulevard,and Danville Boulevard that are recommended for signal system and intelligent transportation system equipment upgrades.As a condition of the Agreement and a requirement of the project’s funding source,the One Bay Area Grant Cycle 3 (OBAG3),Contra Costa County intends to contribute $285,535 to CCTA for the 11.47%local match requirement of the OBAG3 funds.In July 2025,the CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4414,Version:1 contribute $285,535 to CCTA for the 11.47%local match requirement of the OBAG3 funds.In July 2025,the Public Works Department coordinated with CCTA to finalize the terms of the Agreement between the County and CCTA for the project. County Counsel approved the Agreement as to form. CONSEQUENCE OF NEGATIVE ACTION: If the Public Works Department is not authorized to execute the Agreement,the project will be delayed,and funding will not be available for the project. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ FUNDING AGREEMENT xxxx Countywide Smart Signals Design and Construction Phases Page 1 of 5 29222494.1/060323.0001 FUNDING AGREEMENT NO. XXXX BETWEEN THE CONTRA COSTA TRANSPORTATION AUTHORITY AND CONTRA COSTA COUNTY FOR COST SHARING COMMITMENTS TO DESIGN AND CONSTRUCT THE COUNTYWIDE SMART SIGNALS PROJECT This Agreement is made and entered into on ______________, 2025 by and between Contra Costa County, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the CONTRA COSTA TRANSPORTATION AUTHORITY, a joint exercise of powers agency, hereinafter referred to as "AUTHORITY." COUNTY and AUTHORITY are sometimes collectively referred to herein together as the “PARTIES” and each individually as a “PARTY.” RECITALS 1. AUTHORITY is the project sponsor and designated lead agency for implementing the Countywide Smart Signals Project within Contra Costa County, hereinafter referred to as “PROJECT”, which is a program to install signal system and intelligent transportation system (ITS) equipment upgrades to key identified intersections within unincorporated Contra Costa County with the objective to coordinate and synchronize the timing of the signals. The PROJECT is more particularly described in Exhibit A, attached hereto and incorporated herein. 2. AUTHORITY is the recipient of the Metropolitan Transportation Commission’s (MTC’s) One Bay Area Grant Cycle 3 (OBAG 3) funds for design, construction, and deployment of the PROJECT. 3. COUNTY and AUTHORITY have identified 20 intersections to recommend for signal system and intelligent transportation system (ITS) equipment upgrades for inclusion in the PROJECT estimated at $2,489,886 (See Exhibit A) 4. COUNTY agrees to provide AUTHORITY with the minimum 11.47% local matching funds to the OBAG 3 funds in the amount of $285,535 in Fiscal Year 2025-26 to pay for the design and installation of upgraded equipment located within COUNTY’s right-of-way and cost of construction as part of the PROJECT. 5. COUNTY and AUTHORITY agree that the final matching funds requirements may be adjusted accordingly based on the final actual design and construction costs incurred, subject to approval of County’s Board of Supervisors for any increase in COUNTY matching funds. All PROJECT costs and matching funds will be reconciled at the completion of the PROJECT as defined by the Parties in Exhibit A attached. NOW, THEREFORE, in consideration of the foregoing, the AUTHORITY and COUNTY do hereby agree as follows: FUNDING AGREEMENT xxxx Countywide Smart Signals Design and Construction Phases Page 2 of 5 29222494.1/060323.0001 SECTION I COUNTY AGREES: 1. To provide AUTHORITY matching funds for upgrading equipment and construction cost for the County’s portion of the PROJECT in an amount of $285,535, which represents 11.47% of the OBAG3 funds of $2,489,886, no later than 30 days after receiving an invoice from AUTHORITY pursuant to paragraph 2 of Section II. 2. To work collaboratively with AUTHORITY to implement the PROJECT. SECTION II AUTHORITY AGREES: 1. To lead the development process including planning, design, construction, and deployment of the PROJECT, as described in Exhibit A and the Operations and Maintenance Agreement to be negotiated by the COUNTY and AUTHORITY following execution of this Agreement. 2. To submit an invoice to COUNTY for an amount of $285,535 prior to December 31, 2025. 3. To work collaboratively with COUNTY to implement the PROJECT. 4. To serve as the lead agency for purposes of the California Environmental Quality Act (“CEQA”) and to take all actions required to comply with CEQA. SECTION III IT IS MUTUALLY AGREED: 1. (a) That the cost to complete PROJECT is only an estimate and may require adjustments depending on the final cost. At the completion of the PROJECT, and if AUTHORITY determines that the match amount provided by COUNTY is exceeded, it will notify and seek approval of COUNTY to provide additional matching funds. Completion of the Project is defined as when AUTHORITY accepts and certifies that all phases of the PROJECT construction–including but not limited to installation, deployment, and activation of equipment–are completed and formally accepted by the Parties. (b) If AUTHORITY determines that the match amount provided by COUNTY exceeded FUNDING AGREEMENT xxxx Countywide Smart Signals Design and Construction Phases Page 3 of 5 29222494.1/060323.0001 the County’s proportional share of the amount needed to complete the PROJECT then AUTHORITY will refund COUNTY the balance of the match amount provided by COUNTY and indicated in paragraph 1 of Section I, as may be increased under paragraph 1(a) of Section III. 2. Term: This Agreement will remain in effect through December 31, 2028, or the completion of the PROJECT, whichever occurs first, unless sooner discharged as provided in Paragraph 3 below. 3. Discharge: This Agreement shall be subject to termination as follows: a. Either PARTY may terminate this Agreement at any time until construction of the PROJECT begins, other than for breach. Either PARTY may terminate by giving written notice of termination to the other PARTY which shall specify both the cause and the effective date of termination. Notice of termination under this provision shall be given at least ninety (90) days before the effective date of such termination. Once construction of the PROJECT begins, neither PARTY may terminate this Agreement unless there is a breach as addressed in paragraph 3(b) below. b. This Agreement may be canceled by a PARTY for breach of any obligation, covenant, or condition hereof by the other PARTY, upon notice to the breaching PARTY. With respect to any breach which is reasonably capable of being cured, the breaching PARTY shall have 30 days from the date of the notice to initiate steps to cure. If the breaching PARTY diligently pursues cure, such PARTY shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching PARTY. On cancellation, the non-breaching PARTY retains the same rights as a PARTY exercising its right to terminate under the provisions of paragraph 3(a), except that the canceling PARTY also retains any remedy for breach of the whole contract or any unperformed balance. c. By mutual consent of both PARTIES, this Agreement may be terminated at any time. d. In the event of termination, AUTHORITY shall reimburse COUNTY, if AUTHORITY deems necessary, for overpayment by COUNTY based on the difference between actual cost share and estimated cost share, which such difference shall be determined in AUTHORITY’s sole discretion. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both PARTIES, be exceeded. 4. Indemnity: It is mutually understood and agreed, relative to the reciprocal indemnification of AUTHORITY and COUNTY: a. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for, and COUNTY shall fully indemnify and hold harmless AUTHORITY against, any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction by COUNTY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold the AUTHORITY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by COUNTY under this Agreement or in connection with any work, authority, or jurisdiction delegated to COUNTY under this Agreement. This paragraph 4(a) of Section III shall survive the termination FUNDING AGREEMENT xxxx Countywide Smart Signals Design and Construction Phases Page 4 of 5 29222494.1/060323.0001 or expiration of this Agreement. b. That neither COUNTY, nor any officer or employee thereof, shall be responsible for, and AUTHORITY shall fully indemnify and hold harmless COUNTY against any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority, or jurisdiction by AUTHORITY under the Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, AUTHORITY shall fully indemnify and hold the COUNTY harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by AUTHORITY under this Agreement or in connection with any work, authority, or jurisdiction delegated to AUTHORITY under this Agreement. This paragraph 4(b) of Section III shall survive the termination or expiration of this Agreement. c. AUTHORITY shall cause its PROJECT contractor to name “Contra Costa County and its officers, employees, and representatives,” as additional insureds under each insurance policy to the same extent that the AUTHORITY is named as an additional insured under those insurance policies. AUTHORITY shall provide COUNTY a copy of each certificate of insurance. d. AUTHORITY shall cause the PROJECT contractor(s) to indemnify “Contra Costa County and its officers, employees, and representatives” to the same extent as AUTHORITY is indemnified by the PROJECT contractor(s). AUTHORITY shall ensure that any such indemnification provisions survive the termination or expiration of the contract(s) with the PROJECT contractor(s). 5. Notices: Any notice which may be required under this Agreement shall be in writing, and shall be given by personal service, overnight carrier, or by certified or registered mail, return receipt requested, to the addresses set forth below: If to COUNTY: Name County Manager ADDRESS If to AUTHORITY: Timothy Haile Executive Director Contra Costa Transportation Authority 2999 Oak Road, Suite 100 Walnut Creek, CA 94597 A notice will be deemed given on the same day it is personally delivered to the receiving PARTY, on the business day following the day on which it is deposited with an overnight carrier with delivery charges prepaid for next day delivery to the receiving PARTY, and on the third day after the postmark date if sent to the receiving PARTY by certified or registered mail. A PARTY may change its address for notices by providing written notice to the other PARTY at least five days FUNDING AGREEMENT xxxx Countywide Smart Signals Design and Construction Phases Page 5 of 5 29222494.1/060323.0001 before the new address becomes effective. 6. Audits. For the duration of this Agreement and for three years following its termination or expiration, the PARTIES agree to cooperate for purposes of making an audit. Within 30 days after receiving a request by the auditing PARTY, the other PARTY shall provide the auditing PARTY copies of all documents and records reasonably requested by the auditing PARTY, at no cost to the auditing PARTY. The requirements of this paragraph 6 of Section III shall survive the termination or expiration of this Agreement. 7. Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement. Provided, however, that neither PARTY is required to take any discretionary action not expressly set forth in this Agreement. 8. Integration: This Agreement represents the entire Agreement of the PARTIES with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the PARTIES except as expressly set forth herein, or in other contemporaneous written agreements. 9. Amendment: This Agreement may not be changed, modified or rescinded except in writing, signed by all PARTIES hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. 10. Independent Agency: AUTHORITY renders its services under this Agreement as an independent agency. None of the AUTHORITY’s agents or employees shall be agents or employees of the COUNTY. 11. Assignment: This Agreement may not be assigned, transferred, hypothecated, or pledged by any PARTY without the express written consent of the other PARTY. 12. Binding on Successors, etc.: This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the AUTHORITY or COUNTY as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above. 13. Severability: Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either PARTY to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the PARTIES. 14. Limitation: All obligations of AUTHORITY under the terms of this Agreement are expressly subject to the AUTHORITY's continued authorization to collect and expend the sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY's right to collect or expend such sales tax proceeds is terminated or suspended in whole or part, the AUTHORITY shall promptly notify COUNTY, and the PARTIES shall consult on a course of FUNDING AGREEMENT xxxx Countywide Smart Signals Design and Construction Phases Page 6 of 5 29222494.1/060323.0001 action to determine how to accomplish the PROJECT or if this Agreement should be terminated. If, after sixty (60) working days of the termination or suspension of sales tax proceeds authority, a course of action is not agreed upon by the PARTIES, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the AUTHORITY under all outstanding contracts, agreements to other obligations of the AUTHORITY, of funds for such purposes. 15. No Third-Party Beneficiaries: This Agreement is not for the benefit of any person or entity other than the PARTIES. 16. Dispute Resolution: The PARTIES shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. Should a substantive disagreement arise between the Parties, the disputing Party shall immediately provide the other PARTY written notice (“Dispute Notice”) of the issues in dispute and the basis or bases therefor. Within 30 days following delivery of the Dispute Notice, and prior to the disputing PARTY initiating any legal action, the PARTIES’ designated representatives shall meet in good faith to attempt to resolve the dispute informally. The PARTIES agree to exchange all documents and other information as may reasonably be required to seek to resolve the dispute; provided, however, that nothing requires either PARTY to disclose any record or communication protected by an applicable evidentiary privilege or doctrine. If the PARTIES are unable to resolve the dispute informally within 45 days after a Dispute Notice is given, the PARTIES’ designated representatives shall jointly select and engage the effort of a qualified mediator to help resolve the dispute, and the PARTIES will cooperate to seek to cause the mediation to occur within 90 days after a Dispute Notice is given. The PARTIES shall equally share the costs of the mediator. If the issue is still unresolved following mediation, either Party may bring a legal action seeking resolution of the disagreement. However, any and all legal actions may only be brought if the preceding dispute resolution process has been satisfied. Notwithstanding anything to the contrary herein, while the PARTIES seek to resolve a dispute, they will continue to satisfy all remaining obligations under this Agreement unless or until this Agreement is terminated or cancelled in accordance with paragraph 3 (Discharge) of Section III. 17. Venue: This Agreement and all work performed thereunder shall be interpreted under and pursuant to the laws of the State of California. The PARTIES agree that the jurisdiction and venue of any dispute arising under this Agreement shall be the Superior Court of Contra Costa County. 18. Counterparts: This Agreement may be executed in any number of original counterpart signature pages, and each counterpart signature page shall be attached to and incorporated into this original Agreement. [Remainder of page left blank. Signatures on next page(s).] FUNDING AGREEMENT xxxx Countywide Smart Signals Design and Construction Phases Page 7 of 5 29222494.1/060323.0001 CONTRA COSTA TRANSPORTATION CONTRA COSTA COUNTY AUTHORITY By: By: Monica Nino Aaron Meadows, Chair County Administrator ATTEST: ATTEST: Clerk of the Board of Supervisors By: By: Tarienne Glover, Clerk of the Board APPROVED AS TO FORM: Thomas L. Geiger, County Counsel By: By: Stephen M. Siptroth Fennemore Legal Assistant County Counsel FUNDING AGREEMENT No. xxxxx Exhibit A Contra Costa County Page 1 of 4 29222494.1/060323.0001 FUNDING AGREEMENT NO. XXXX between The Contra Costa Transportation Authority and Contra Costa County EXHIBIT A DESCRIPTION OF THE PROJECT BACKGROUND The Smart Signals project in Contra Costa County is a CCTA led countywide project to upgrade traffic signal system and communication systems throughout its 19 cities and unincorporated communities. Contra Costa County is home to 19 cities/towns and the County, which includes numerous unincorporated communities. There are approximately 1400 traffic signals within the County, Caltrans-owned and various County-owned. Most of these traffic signals are located either along major arterials, including State Routes, identified as Routes of Regional Significance (RSS) or other major and minor arterials in the cities/towns. The project will develop, manage, and implement Intelligent Transportation System (ITS) initiatives such as upgrading the existing legacy systems, providing interconnectivity throughout Contra Costa County signal systems and enhance the sharing of real-time information between agencies and the public. The existing traffic signal systems in most jurisdictions located within Contra Costa County are legacy systems and are outdated or antiquated compared to newer traffic signal systems. These signal systems currently lack the communication infrastructure such as fiber and cellular/wireless-based communication, which makes it difficult to implement traffic signal synchronization and coordination between traffic signals along an arterial. Most corridors do not currently include Signal Control and Prioritization (SCP) technologies to promote transit usage to reduce delay and travel times for transit vehicles and reduce response time for emergency vehicles. These deficiencies result in severe traffic congestion within the cities/towns and may result in spillover onto freeways and cause a chain reaction of congestion along local arterials. The current system contributes to overall commuter travel times and delays, increases greenhouse gas emissions and fuel consumption, as well as incidents and collisions. These deficiencies were documented following extensive discussions with the cities and towns regarding traffic signal operation within the Contra Costa County. CCTA and the project Stakeholders have initially identified these deficiencies, which are translated as the following project goals: 1) Improve safety and minimize crashes, injuries, and fatalities between motorists, bicyclists, and pedestrians; 2) Optimize mobility along major corridors and RRS; and 3) Advance to Smart City and Internet of Things (IOT) solutions. FUNDING AGREEMENT No. xxxxx Exhibit A Contra Costa County Page 2 of 4 29222494.1/060323.0001 PROJECT ELEMENTS The Smart Signals project will develop, manage, and implement ITS initiatives that improve the safety and efficiency of multimodal mobility, maximize highway and arterial system throughput, and improve operational efficiency, safety, and reduce environmental impact throughout the county. By upgrading the existing legacy systems and providing interconnectivity throughout Contra Costa County signal systems, the county’s traffic signal systems can be prepared for future emerging technologies including connected and/or autonomous vehicles, big data, integrated corridor management (ICM), enable implementation of incident management strategies and Smart Cities initiatives. This solution can enhance the sharing of real-time information between agencies and the public using existing and next generation ITS technologies. The upgraded traffic signal systems and signal interconnect will help smooth traffic flow and ease recurring traffic congestion by expanding mode choice options and reducing travel time on local streets and roads. Upgraded traffic signals will benefit pedestrians and transit commuters by reducing wait times at intersections, improving total travel time for all modes while making transit and pedestrian more viable transportation options. The Smart Signal systems would also improve the safety of pedestrians, bicyclists, vulnerable road users, and people with disabilities by deployment of detection systems. To accomplish these goals, CCTA is applying a Smart Signal approach that will include the implementation of ITS equipment including upgraded traffic signal controllers and cabinets, upgraded Advanced Traffic Management System (ATMS) for each agency to provide remote command and control from a centralized Traffic Management Center (TMC) or Traffic Operations Center (TOC) location, Closed-circuit Television (CCTV) cameras, SCP for transit and emergency vehicles, and vehicle detection systems deployed on predefined designated arterials and state routes. These improvements will provide local cities and Caltrans day-to-day county-wide traffic management capabilities in addressing recurrent traffic congestion as well as provide CCTA capabilities for managing the system during non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway or during any evacuation efforts. The PROJECT’s key features and benefits include but are not limited to some of the following: • Providing infrastructure for a countywide traffic management system • Upgrading local signal controllers and signal system hardware, software, and firmware • Deploying bicycle and pedestrian detection software for vulnerable road user protection • Providing SCP, including Transit Signal Priority (TSP) and Emergency Vehicle Preemption (EVP) capabilities • Enabling local event management signal timing options • Taking a proactive approach to safety by identifying “near miss” situations for analysis • Enabling cities and CCTA to proactively manage day-to-day traffic • Enabling cities to proactively manage traffic on local streets that has diverted off the freeway due to a major freeway incident • Identifying alternative routes with timing optimized for incident management • Allowing shared control and operation, improving cross jurisdictional traffic management • Allowing cities/CCTA access to monitor all CCTV cameras and traffic signals for the purpose of optimizing day-to-day operations FUNDING AGREEMENT No. xxxxx Exhibit A Contra Costa County Page 3 of 4 29222494.1/060323.0001 Deployment of the Smart Signals Project is expected to result in operational and safety improvements for all modes of transportation, such as: • Decrease in travel time, • Decrease in total delay, • Reduction in number of stops • Reduction in secondary accidents • Decrease in fuel consumption and greenhouse gas emissions • Promotion of transit ridership • Reduction of response time for emergency vehicles When operating together, these enhancements increase safety and reliability, and support environmental sustainability, economic development, and equitable access for all travelers. CONTRA COSTA COUNTY ELEMENTS The signals located at the following intersection are included in the Project and are proposed to receive Smart Signal upgrades. (See Table 1 and Figure 1 below) Table 1: Contra Costa County PROJECT Intersections LIST OF INTERSECTIONS Signal No. Primary Street Secondary Street FUNDING AGREEMENT No. xxxxx Exhibit A Contra Costa County Page 4 of 4 29222494.1/060323.0001 The recommended upgrades for signals located in the County include: • Signal controller firmware updates • Video/Radar detection • Ethernet Over Copper (EOC) for communication between the signals • Pan-Tilt-Zoom (PTZ) cameras • An Advanced Traffic Management System (ATMS) • Traffic signal synchronization • Emergency Vehicle Preemption (EVP) • Transit Signal Priority (TSP), and • Video Analytics. Based on preliminary estimates, the upgraded equipment, including cost of construction, is shown below. The County is responsible to provide the minimum 11.47% match. • Total Number of Signals – 20 • Total funding – $2,489,886 • Local match required – $285,535 (11.47%) 29222494.1/060323.0001 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4415 Name: Status:Type:Consent Item Passed File created:In control:9/23/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, an amendment to a blanket purchase order with Granite Construction Company, effective October 21, 2025, to extend the term through April 25, 2027, Countywide. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:APPROVE and AUTHORIZE the Purchasing Agent to execute a blanket purchase order amendment with Granite Construction Company, for hot mix asphalt. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute,on behalf of the Public Works Director,an amendment to a blanket purchase order with Granite Construction Company,effective October 21, 2025, to extend the term through April 25, 2027, Countywide. FISCAL IMPACT: No fiscal impact, as this amendment is only to extend the term. BACKGROUND: The Contra Costa County Public Works Department maintains over 660 miles of roads,79 miles of creeks and channels, and 29 detention basins and dams throughout Contra Costa County. On January 21,2022,the County issued Invitation for Bid (IFB)2201-553 with the intent to award blanket purchase orders to four hot mix asphalt vendors,one located in the north,south,east,and west County to ensure close proximity to the various job sites,to maintain asphalt temperature and manage transportation costs. When IFB 2201-553 closed on February 11, 2022, only one bidder had responded. On March 2, 2022, the County issued a second IFB, BID 2202-542, and when it closed, no bids were received. Having no bids to evaluate after two solicitations,the Public Works Maintenance Division requested direct quotes from historical vendors who had previously complied with the specification in the bid documents.Only one vendor responded, with exorbitantly high unit costs caused by the volatility in oil markets in 2022. Using the informal bid process,the County requested a quote from Granite Construction Company,who CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4415,Version:1 Using the informal bid process,the County requested a quote from Granite Construction Company,who complied with the requirements for supplying hot mix asphalt in the South County (within 20 miles of the intersection of Interstate 680 and Sycamore Valley Road). On April 26,2022,the Board of Supervisors approved the execution of a blanket purchase order with Granite Construction Company for the purchase of hot mix asphalt for routine road maintenance work. On April 1,2025,the Board of Supervisors approved blanket purchase order amendment No.1 for the purchase order with Granite Construction Company.extending the completion date from April 26,2025,through April 25, 2026 and increasing the payment limit from $1,000,000 to $1,150,000. This blanket purchase order amendment will extend the term through April 25,2027.Approval of this purchase order will allow the Public Works Department to continue to purchase hot mix asphalt. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the blanket PO amendment will prevent the Public Works Department from completing routine and emergency road maintenance in a timely manner. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4416 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with CSWST2 in an amount not to exceed $800,000 to provide on-call civil engineering consulting services for various projects for the period from October 1, 2025 through July 31, 2028, Countywide. (100% Various Funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Contract for On-Call Civil Engineering Consulting Services, Countywide ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a Consulting Services Agreement (contract)with CSWST2.in an amount not to exceed $800,000.00 to provide on-call civil engineering consulting services for various projects for the period from October 1,2025 through July 31,2028, Countywide. (Project No.: Various) (All Districts) FISCAL IMPACT: Work performed under this on-call Consulting Services Agreement is funded by local,state and federal funds. (100% Various Funds) BACKGROUND: The Public Works Department is involved in various projects in the County that require civil engineering services for road,flood control,capital facilities and airport projects.After a solicitation process,eight firms were selected to provide civil engineering consulting services on an “on-call”basis.These consultants will augment Public Works staff on an as-needed basis.They will be used as an extension to Public Works staff during busy times when extra help is needed or when in-house expertise is not available.Six of these on-call contracts were approved by the Board on August 5,2025 and one was approved on August 12,2025.This on- call Consulting Services Agreement will be in effect for thirty-four months. In accordance with Government Code section 4526,the Design/Construction Division solicited Statements of Qualifications from civil engineering consulting firms.CSWST2 was determined to be qualified to provide on- call civil engineering consulting services for a three-year contract to assist in complying with federal,state,and local regulations. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4416,Version:1 Government Code Section 31000 and 4525 authorizes the County to contract for services including the type of civil engineering consulting services that CSWST2 provides. CONSEQUENCE OF NEGATIVE ACTION: Without approval from the Board of Supervisors,the Consulting Services Agreement will not be in effect.A possible delay in completing projects requiring civil engineering services will occur.Executing the Consulting Services Agreement will facilitate the process of design and construction for various Public Works projects requiring civil engineering expertise. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4417 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order with Airgas USA, LLC, in an amount not to exceed $25,000 to supply welding supplies, parts, small tools, and gas cylinder rentals for the period November 1, 2025 through October 31, 2026, Countywide. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Purchase Order with Airgas USA,LLC for Welding Supplies and Gas Cylinder Rentals, Countywide. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute,on behalf of the Public Works Director,a purchase order with Airgas USA,LLC,in an amount not to exceed $25,000 to supply welding supplies,parts,small tools,and gas cylinder rentals for the period November 1,2025 through October 31,2026, Countywide. FISCAL IMPACT: Facilities Maintenance Budget. (100% General Fund) BACKGROUND: The Public Works Department,Facilities Services Division,is responsible for maintaining all County buildings, including hospitals,clinics,detention centers,and congregate care facilities.Welding is a necessary component for some of the County repairs,so a reliable supply of welding parts,materials,and gases is required for the Facilities Services Division. Airgas USA,LLC.has been the local welding supplier for Facilities Services Division for many years. Facilities Services uses this vendor for welding supplies,parts,small tools,and cylinder rentals.We currently have several existing rental tanks/cylinders from Airgas that are used to contain welding shielding gas.Airgas USA, LLC picks up the empty gas cylinders and delivers new, filled, gas cylinders. The Airgas USA,LLC Terms and Conditions of Sale contain limitation of liability language and indemnification language that has been reviewed by County Counsel. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4417,Version:1 Facilities Services is requesting approval for a one-year purchase order with Airgas USA,LLC for the term November 1, 2025 through October 31, 2026, in the amount of $25,000. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved,procurement of welding supplies and gases with Airgas USA,LLC will not continue, and access to welding supplies for maintenance and emergency repairs will be limited. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4418 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the County, a participating addendum with Office Master, Inc., in an amount not to exceed $5,000,000, for the purchase of Office Master brand furniture for the period of October 21, 2025, through October 25, 2029, Countywide. (100% User Departments) Attachments:1. DGS State of California MAS, 2. Participating Addendum - Office Master Inc. - FINAL 10 7 2025 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Participating Addendum for Office Master, 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 County,a participating addendum with Office Master,Inc.,in an amount not to exceed $5,000,000,for the purchase of Office Master brand furniture for the period of October 21,2025 through October 25,2029 under the terms of the Master Contract awarded by CA Department of General Services, and the State of California, Countywide. FISCAL IMPACT: Product and service costs paid by County Departments. (100% User Departments) BACKGROUND: Contra Costa Purchasing Services is requesting approval of a Participating Addendum for the purchase of Office Master brand furniture offered through Office Master,Inc.Products are guaranteed through the master contract awarded by CA Department of General Services,and the State of California Contract No.4-20-05- 0100A.Approval of the addendum between Contra Costa County and Office Master,Inc.,allows the County to obtain guaranteed pricing available through a variety of authorized resellers,the CA Department of General Services,and the State of California contract No.4-20-05-0100A.The purchase will support County departments with Office Master, Inc. brand furniture and provide significant discounts from list pricing. CONSEQUENCE OF NEGATIVE ACTION: Without approval of this agreement,County Departments would be paying full price on the Office Master,Inc., brand furniture purchases. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4418,Version:1 CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ PARTICIPATING ADDENDUM for Office Furnishings and Related Commodities (State of Calif. CMAS Contract No. 4-20-05-0100A) Page 1 of 5 Participating Entity: CONTRA COSTA COUNTY Contractor: Office Master, Inc. This Participating Addendum (“Agreement”) is made and entered into as of October 21, 2025 (“Effective Date”), by and between Contra Costa County, a political subdivision of the State of California (“County”), and Office Master, Inc., a California corporation,(“Contractor”) whose principal place of business is 1110 South Mildred Ave., Ontario, CA 91761. The County and Contractor are sometimes referred to herein together as the “Parties,” and each as a “Party.” Recitals Whereas, the Contractor sells office furnishings and related commodities under CMAS Contract No. 4-20-05-0100A between the State of California and the Contractor (“Master Contract”). Whereas, the Master Contract is made available to public agencies in the State of California. The County has determined that entering into a Participating Addendum that incorporates the Master Contract provides a benefit to the County. Whereas, in the event the Contractor relies on any dealers, distributors, or other third parties (collectively, “Affiliated Entities,” and each an “Affiliated Entity”) to satisfy any of Contractor’s obligations hereunder, this Agreement provides that Contractor is solely responsible for ensuring its Affiliated Entities perform in accordance with this Agreement. Agreement Now, therefore, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the County and the Contractor agree, as follows: 1. Term. The term of this Agreement begins on the Effective Date, and it expires on October 25, 2029, unless sooner terminated as provided herein. The Parties may amend this Agreement to extend the term of this Agreement, provided that the term of the Master Contract is extended by at least the same amount of time. If the Master Contract is terminated prior to the expiration of the term of this Agreement, or any extension thereof, the Contractor shall continue to perform under this Agreement until the term of this Agreement expires, or until this Agreement is terminated, whichever occurs first. 2. Payment Limit. The County’s total payments to Contractor and Affiliated Entities under this Agreement shall not exceed $5,000,000 (“Payment Limit”). Nothing in this Agreement obligates the County to make any purchases, or any particular volume of purchases, under this Agreement. This Agreement is not exclusive, and the County expressly reserves its right to enter into other contracts for the purchase of the same or similar equipment, supplies, and materials from other vendors. If the County issues any purchase orders to make purchases under this Agreement, the County will be responsible for ensuring that the sum of all such purchase orders does not exceed the Payment Limit. PARTICIPATING ADDENDUM for Office Furnishings and Related Commodities (State of Calif. CMAS Contract No. 4-20-05-0100A) Page 2 of 5 3. Incorporation of the Master Contract. The Master Contract, a copy of which is attached as Exhibit A, is hereby incorporated in and made a part of this Agreement. The Contractor shall sell all products, perform all services, extend all warranties, guarantee all pricing, provide the County insurance and indemnity and defense, and satisfy all other obligations under this Agreement on the same or more favorable terms as those set forth in the Master Contract. 4. Registration with California Secretary of State. Throughout the term of this Agreement, the Contractor shall remain register to do business in the State of California and in good standing with the California Secretary of State. Contractor shall maintain an agent for service of process in California who shall accept service of process on behalf of Contractor. Contractor shall ensure that all Affiliated Entities that fulfill orders under this Agreement are registered to do business in the State of California and in good standing with the California Secretary of State. 5. Order of Precedence. If there is any conflict between any terms of this Agreement, the Master Contract, or any purchase order issued under this Agreement to Contractor or any Affiliated Entities, the order of precedence for interpreting the Parties’ obligations shall be: first, this Agreement; second, the Master Contract; and, third, any purchase order issued under this Agreement. 6. Termination. Notwithstanding anything to the contrary in the Master Contract, either Party may terminate this Agreement upon 60 days’ advance written notice to the other Party. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles; and any litigation to enforce or interpret this Agreement shall be filed and prosecuted in a state or federal court in California where venue is proper and that has jurisdiction over the parties to and the subject matter of the litigation. 8. No Joint Venture; No Third-Party Beneficiaries. At all times during the term of this Agreement, neither Party will function as or represent it to be the other Party or its agent, and no officer, employee, or agent of one Party shall hold themselves out to be an officer, employee, or agent of the other Party. This Agreement does not create any rights or obligations between the Parties other than those expressly set forth herein; and nothing in this Agreement shall be construed as conferring any rights upon any third parties or any other person or entity other than the County and Contractor. 9. Affiliated Entities. Notwithstanding anything to the contrary in the Master Contract or in this Agreement, if any Affiliated Entity performs any of Contractor’s obligations under this Agreement, or if the County issues a purchase order to an Affiliated Entity identifying the purchase is made pursuant to this Agreement, the Contractor shall be solely responsible for ensuring the Affiliated Entity performs in accordance with the terms of this Agreement, and Contractor shall be liable for any failure by the Affiliated Entity to perform in accordance with the terms of this Agreement. Contractor’s obligations under this section shall survive the termination or expiration of this Agreement. PARTICIPATING ADDENDUM for Office Furnishings and Related Commodities (State of Calif. CMAS Contract No. 4-20-05-0100A) Page 3 of 5 10. Amendment. This Agreement may be amended or modified at any time by mutual agreement of the Parties in writing. 11. Compliance with Laws; No Public Works Permitted. In the performance of its obligations under this Agreement, the Contractor shall comply with all local, State of California, and federal laws and regulations, including State of California wage and hour laws to the extent they are applicable to the work Contractor performs. Nothing in this Agreement authorizes Contractor to perform, and Contractor shall not perform, any services or work that would require formal or informal bidding under the California Public Contract Code. If any services provided by the Contractor require the payment of prevailing wages under the California Labor Code, the Contractor shall be solely responsible for ensuring prevailing wages are paid in accordance with California law, and for satisfying all applicable requirements of the California Department of Industrial Relations. 12. Notices. Notices to the Parties shall be provided to: PARTICIPATING ADDENDUM for Office Furnishings and Related Commodities (State of Calif. CMAS Contract No. 4-20-05-0100A) Page 4 of 5 Contractor: For orders: Office Master, Inc. 1110 South Mildred Avenue Ontario, CA 91761 Attn: Order Entry Dept. Email: gov@omseating.com For all others: Ed Kuo Office Master, Inc. 1110 South Mildred Avenue Ontario, CA 91761 Phone: (909) 392-5678 Email: gov@omseating.com County: Contra Costa County-Purchasing Services 40 Muir Road, 2nd Floor Martinez, CA 94553 Telephone: (925) 655-3105 Contact: Cynthia Shehorn, Procurement Services Manager Email: cindy.shehorn@pw.cccounty.us All notices shall be in writing and personally delivered, delivered by overnight carrier with delivery charges for next day delivery prepaid by the sending Party, or sent by First Class, certified mail return receipt required, U.S. Mail, with postage prepaid by the sending Party. A courtesy copy of a notice may be given by email, but giving a courtesy copy of a notice by email does not relieve the sending Party of its obligation to give notice to the receiving Party in the manner required by this Section. A notice given in accordance with this Section shall be deemed received by the receiving Party on (a) the same day, if personally delivered, (b) the next business day, if timely deposited with an overnight carrier and with delivery charges prepaid to ensure next day delivery, and (c) on the fifth day after mailing, if mailed by First Class, certified mail, return receipt required, U.S. Mail with postage prepaid. A Party may change its contact listed above by giving written notice to the other Party in any manner authorized by this Section at least five (5) days before the change becomes effective. 13. Successors and Assigns; Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their successors and assigns. This Agreement may not be assigned by either Party without the express written permission of the other Party, which shall be within that Party’s sole discretion to provide. PARTICIPATING ADDENDUM for Office Furnishings and Related Commodities (State of Calif. CMAS Contract No. 4-20-05-0100A) Page 5 of 5 IN WITNESS, WHEREOF, the parties have executed this Participating Addendum as of the Effective Date. Participating Entity: Contra Costa County Contractor: Office Master, Inc. Signature: Signature: Name: Cynthia Shehorn Name: Title: Procurement Services Manager Title: Signature: Name: Title: Approved as to form: Thomas L. Geiger, County Counsel By: __________________________ Assistant County Counsel Attachment: Master Contract 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4419 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE the Flood Control Zone 3B Grayson Creek Bank Erosion Repair Project (Project); and AUTHORIZE the Chief Engineer, or designee, to advertise the project, Pleasant Hill area. (100% Flood Control Zone 3B Funds) Attachments:1. NOE FCZ 3B Grayson Creek Bank Erosion Repair Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:APPROVE the FCZ 3B Grayson Creek Bank Erosion Repair Project ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE the FCZ 3B Grayson Creek Bank Erosion Repair Project (Project) and AUTHORIZE the Chief Engineer, or designee, to advertise the Project, Pleasant Hill area. [County Project No. 0672-6B9M08, DCD- CP#25-13] (District IV). DETERMINE that this activity is exempt from the California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines 15301(d). DIRECT the Director of Department of Conservation and Development (DCD),or designee,to cause a CEQA Notice of Exemption (NOE) to be filed with the County Clerk and State Clearinghouse, and AUTHORIZE the Chief Engineer,or designee,to arrange for payment of a $50 fee to the County Clerk for filing the NOE. FISCAL IMPACT: Estimated Project cost: $706,300 (100% Flood Control Zone 3B Funds). BACKGROUND: The purpose of this project is to restore a gravel maintenance road and creek channel along the west bank of Grayson Creek between Golf Club Road and Viking Drive in the Pleasant Hill area that were damaged during the 2023 winter storm events.The repair will consist of removing the eroded bank material,backfilling with rock slope protection and engineered fill, and reconstructing the gravel maintenance road. The project is exempt from CEQA because it consists of repairing damaged portions of an existing flood CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4419,Version:1 The project is exempt from CEQA because it consists of repairing damaged portions of an existing flood control facility to meet current standards of public health and safety involving no expansion of existing use pursuant to Section 15301 of the CEQA Guidelines. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design,construction,and may jeopardize funding. Erosion will worsen at the project site which might damage nearby properties. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ Revised 2018 \\PW-DATA\grpdata\engsvc\ENVIRO\Client Divisions\Flood Control\FCZ 3B Grayson Creek Bank Erosion Repair (WO9M08)\CEQA\NOE (Final).docx CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: State Clearinghouse 1400 Tenth Street Sacramento, CA 95814 :Contra Costa County Department of Conservation and Development 30 Muir Road Project Title: FCZ 3B Grayson Creek Bank Erosion Repair, WO9M08, CP#25-13 Project Applicant: Martinez, CA 94553, (925) 313-2000, Contact: Alex Nattkemper (925) 313-2364 alex.nattkemper@pw.cccounty.us Project Location: Maintenance road on the western bank of Grayson Creek, approximately 380 feet south of Golf Club Road, Pleasant Hill; APN 153-040-009 Lead Agency: Contact Person: Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553 Syd Sotoodeh (925) 655-2877 syd.sotoodeh@dcd.cccounty.us Description of Nature, Purpose, and Beneficiaries of Project: gravel maintenance road and creek channel bank that eroded as a result of the road being over- surface flow during a storm event. The erosion is approximately 19 feet long, 9 feet wide and 4 feet deep. Th erosion from accessing a section of Grayson Creek. The repair will consist of cutting an approximately 6-foot- into the channel bank and placing rock slope protection (RSP) and engineered fill to protect against erosion which will be compacted up the slope. Topsoil will be placed over the engineered fill and hydroseeded with native seed mix. The bank repair will extend approximately 35 feet long to conform slopes. Temporary dewatering of the creek may be necessary during construction. T the top of the channel bank will be restored to pre-existing condition. To lessen the surface flow coming from the neighboring property and prevent further erosion, a drainage inlet and 18-inch diameter pipe will be installed. vegetation trimming and removal may be necessary in support of the project. Construction is anticipated to occur in 2026 or 2027. Work will take place during the dry season and will take approximately 3 weeks to complete protect the creek. Applicable regulatory permits will be obtained before construction. Name of Public Agency Approving Project: Contra Costa County Exempt Status: Ministerial Project (Sec. 21080[b][1]; 15268) Categorical Exemption (Sec. 15301[d]) Declared Emergency (Sec. 21080[b][3]; 15269[a]) General Rule of Applicability (Sec. 15061[b][3]) Emergency Project (Sec. 21080[b][4]; 15269[b][c]) Other Statutory Exemption (Sec. ) Reasons why project is exempt: The project consists of repairing damaged portions of an existing flood control Article 19, Section 15301 of the CEQA Guidelines. Contra Costa County Department of Conservation and Development Signed by Lead Agency Signed by Applicant Senior Planner Oct. 2, 2025 Revised 2018 \\PW-DATA\grpdata\engsvc\ENVIRO\Client Divisions\Flood Control\FCZ 3B Grayson Creek Bank Erosion Repair (WO9M08)\CEQA\NOE (Final).docx 0BAFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Applicant Department of Fish and Wildlife Fees Due Public Works Department De Minimis Finding - $0 Martinez, CA 94553 Conservation and Development - $25 Attn: Alex Nattkemper Environmental Services Division Phone: (925) 313-2364 Total Due: Receipt #: Richmond AntiochConcord Oakley Hercules Danville Pittsburg Lafayette Pinole Orinda San Ramon Walnut Creek Martinez Brentwood Moraga PleasantHill ClaytonEl Cerrito San Pablo / Contra Costa CountyCalifornia Figure 1 FCZ 3B Grayson Creek Bank Erosion Repair 0 10 205 Miles Approx. Project Location ) Diam o n d B l v d Sunva l l e y B l v d Gr a y s o n C r e e k §¨¦680 Taylor Blvd Concord Ave Chilpancingo P k w y Co n t r a C o s t a B l v d Viking Dr Golf Club Rd Pleasant Hill Concord FCZ 3B Grayson Creek Bank Erosion Repair 0 0.50.25 Miles ¯) Gra y s o n C r e e k Golf Club Rd Ru t h D r 153-040-009 153-084-001 153-084-002 153-084-003 153-084-005 153-084-004 153-084-006 FCZ 3B Grayson Creek Bank Erosion Repair 0 10050Feet ¯ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4420 Name: Status:Type:Consent Item Passed File created:In control:10/6/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE the Market Avenue at Union Pacific Railroad Crossing Improvements Project and AUTHORIZE the Public Works Director, or designee, to advertise the Project, North Richmond area. (97% Railroad-Highways Grade Crossings Program, 3% Local Road Funds) Attachments:1. CEQA NOE- Market UPRR Crossing Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:APPROVE the Market Avenue at Union Pacific Railroad Crossing Improvements Project and take related actions under CEQA ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE the Market Avenue at Union Pacific Railroad Crossing Improvements Project and AUTHORIZE the Public Works Director,or designee,to advertise the Project,North Richmond area.County Project No.0662 -6R4112, DCD-CP#23-14 (District I). DETERMINE the Project is a California Environmental Quality Act (CEQA),Categorical Exemption,pursuant to Article 19, Section 15301(c) and 15302(c) of the CEQA Statute and Guidelines, and DIRECT the Director of Department of Conservation and Development (DCD),or designee,to file a Notice of Exemption (NOE) with the County Clerk, and AUTHORIZE the Public Works Director,or designee,to arrange for payment of a $50 fee to the County Clerk for filing the NOE. FISCAL IMPACT: Estimated Project cost:$1,622,000.(97%Railroad-Highways Grade Crossings Program (Section 130),3% Local Road Funds) BACKGROUND: The Market Avenue at Union Pacific Railroad (UPRR)Railroad Crossing Improvements Project is a joint project between Caltrans,the California Public Utilities Commission,and the UPRR,with the County as the lead agency.The purpose of the project is to upgrade the railroad crossing at the intersection of Market Avenue and the UPRR Railroad right-of-way to improve safety for vehicles, pedestrians, and bicyclists. The project includes improvement of a railroad crossing with new crossing guards and pedestrian barricades, CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4420,Version:1 The project includes improvement of a railroad crossing with new crossing guards and pedestrian barricades, standardizing the width of the approach roads to have 12-foot lanes,5-foot shoulders,and 6-foot sidewalks,and reconstructing the pavement and sidewalk to improve the vertical profile of the approach roadways. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design and/or construction and may jeopardize funding. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ Revised 2018 \\pw-data\grpdata\engsvc\ENVIRO\Client Divisions\Design\Market Avenue at UPRR Crossing Improvements (WO4112)\CEQA\NOE\To DCD\CP#23-14 Market UPRR NOE.docx CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Land Use and Climate Innovation State Clearinghouse 1400 Tenth Street Sacramento, CA 95814 From: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 County Clerk, County of Contra Costa Project Title: Market Avenue at Union Pacific Railroad Crossing Improvements , WO#4112, CP#23-14 Project Applicant: Contra Costa County Public Works Dept., 255 Glacier Drive, Martinez CA 94553, (925) 313-2000, Contact: Shravan Sundaram, (925) 313-2366, shravan.sundaram@pw.cccounty.us Project Location: Market Ave. between Soto St. and Rumrill Blvd., Richmond, CA 94801; APNs 409-320-XXX and 409-313-XXX Lead Agency: Contact Person: Department of Conservation and Development, 30 Muir Road, Martinez, CA 94553 Syd Sotoodeh (925) 655-2877 syd.sotoodeh@dcd.cccounty.us Description of Nature, Purpose, and Beneficiaries of Project: The Market Avenue at Union Pacific Railroad (UPRR) Railroad Crossing Improvements Project is a joint project between Caltrans, the California Public Utilities Commission, and the UPRR, with the County as the lead agency. The purpose of the project is to upgrade the railroad crossing at the intersection of Market Avenue and the UPRR Railroad right-of-way to improve safety for vehicles, pedestrians, and bicyclists. The project includes improvement of a railroad crossing with new crossing guards and pedestrian barricades, standardizing the width of the approach roads to have 12-foot lanes, 5-foot shoulders, and 6-foot sidewalks, and reconstructing the pavement and sidewalk to improve the vertical profile of the approach roadways. Ground disturbance will occur and the maximum depth of excavation is anticipated to be approximately four feet. Appropriate best management practices including but not limited to storm drain inlet protection will be implemented during construction. Construction is anticipated to begin in 2026 and take approximately 3 months to complete. Real property transactions, including but not limited to, right-of-way acquisition and permanent and temporary easements, and utility relocations may be necessary in support of this project. Night or weekend work may be necessary and will be performed in accordance with local guidelines. Emergency vehicles will have access at all times. Name of Public Agency Approving Project: Contra Costa County Exempt Status: Ministerial Project (Sec. 21080[b][1]; 15268) Categorical Exemption (Sec. 15301(c) and 15302(c)) Declared Emergency (Sec. 21080[b][3]; 15269[a]) General Rule of Applicability (Sec. 15061[b][3]) Emergency Project (Sec. 21080[b][4]; 15269[b][c]) Other Statutory Exemption (Sec. ) Reasons why project is exempt: The project consists of the reconstruction of an existing facility (railroad crossing) for the purposes of public safety on the same site involving negligible or no expansion of use pursuant to Article 19, Section 15301(c) and 15302(c) of the CEQA Guidelines. If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Title: Date: Contra Costa County Department of Conservation and Development Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Senior Planner 09/26/2025 Revised 2018 \\pw-data\grpdata\engsvc\ENVIRO\Client Divisions\Design\Market Avenue at UPRR Crossing Improvements (WO4112)\CEQA\NOE\To DCD\CP#23-14 Market UPRR NOE.docx Applicant Department of Fish and Wildlife Fees Due Public Works Department De Minimis Finding - $0 255 Glacier Drive County Clerk - $50 Martinez, CA 94553 Conservation and Development - $25 Attn: Shravan Sundaram Environmental Services Division Phone: (925) 313-2366 Total Due: Receipt #: 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4421 Name: Status:Type:Consent Item Passed File created:In control:10/1/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:AUTHORIZE the County Administrator or designee, to sign a software and services agreement for facility condition assessment of the County building portfolio and software to assist in the capital planning activities for three years, in an amount not to exceed $100,000, with VFA Inc, an affiliate of The Gordian Group, Inc., Countywide. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Contract for Facility Condition Assessment of the County Building Portfolio and Software ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: AUTHORIZE the County Administrator or designee,to sign a software and services agreement for facility condition assessment of the County building portfolio and software to assist in the capital planning activities for three years,in an amount not to exceed $100,000,with VFA Inc,an affiliate of The Gordian Group,Inc., Countywide. FISCAL IMPACT: The cost of the assessment will be funded through the FY 25-26 capital budget. (100% General Fund) BACKGROUND: VFA software is a suite of facilities capital planning and asset management software developed by Gordian (formerly VFA,Inc.).The platform helps the Public Works Department centralize facility data,assess building conditions,and forecast costs to make strategic decisions for multi-year planning of maintenance and capital projects. The County should ideally perform a facilities condition assessment (FCA)approximately every five years to assess the condition and amount of deferred maintenance in the building portfolio to guide capital facilities spending and planning in the coming years.Staff recommend regularly maintaining and updating portions of the building portfolio to ensure FCA data is current and accurate. On November 10,2020,the Board of Supervisors authorized a software and services agreement with Accruent, LLC to grant a license to access the software as a service (SaaS)and assist in capital planning activities for the period of October 30, 2020, through June 30, 2025. Accruent,LLC and The Gordian Group,Inc.had a common parent company,Fortive Corporation and around CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4421,Version:1 Accruent,LLC and The Gordian Group,Inc.had a common parent company,Fortive Corporation and around May 1,2021,as part of a corporate restructure,Fortive moved management control of VFA,Inc from Accruent, LLC to The Gordian Group, Inc. and Accruent assigned all VFA contracts to VFA, Inc. During the early part of this license agreement,the County completed FCA for the entire building asset portfolio with the assistance of VFA (formerly Accruent).Those assessments were used to develop capital planning scenarios for deferred maintenance requirements as well as identify deferred maintenance priorities. On August 1,2023,the Board of Supervisors authorized an agreement for FCA services for the period of August 1,2023,through July 31,2028,to update approximately 20%of the County’s building portfolio annually. This software and service agreement is governed by the original November 10,2020,agreement and will grant a license to continue to access the software as a service (SaaS)and assist in capital planning activities for the period of July 1,2025,through June 30,2028.The original agreement contained limitations of liability language that was reviewed and approved by County Counsel. CONSEQUENCE OF NEGATIVE ACTION: Without approval from the Board of Supervisors,County Staff will not have the license necessary to access the VFA software used for FCA services. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 365 Name: Status:Type:Consent Resolution Passed File created:In control:10/13/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, ADOPT Resolution 2025-365, declaring up to five acres of the approximately 21-acre unimproved real property owned by the District in Antioch between Laurel Road, Neroly Road, Live Oak Avenue, and State Route 4 and having APN 053-060-028 to be exempt surplus land no longer required for District purposes; and as the governing body of the District and Contra Costa County, APPROVE and AUTHORIZE the execution of an agreement that permits the County to purchase an option from the District for $100, allowing the County to purchase up to five acres of the Property for up to $425,000 per acre for 12 months, with three 6-month extension options, for use in the Health Department’s Behavioral Health Continuum Infrastructure Program, Antioch area. (100% Mental Health Services Act) Attachments:1. BHCIP FCD Resolution, 2. Draft Option Agreement Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Option Agreement between the Flood Control and Water Conservation District and the County for the County’s Purchase of Real Property in the Antioch area ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (District): ADOPT a resolution,declaring the Subject Property (as defined in the Resolution),which consists of up to five acres of the approximately 21-acre parcel located in Antioch between Laurel Road,Neroly Road,Live Oak Avenue and State Route 4 and having APN 053-060-028 (Property)to be “exempt surplus land,”as defined in Government Code section 5221(f)(1)(D),and no longer required for District purposes,in accordance with Section 31 of the Contra Costa County Flood Control and Water Conservation Act and the Surplus Land Act. AUTHORIZE the Chief Engineer,or designee,to execute an option agreement between the District and the County,permitting the County to purchase from the District,for $100,a 12-month option to purchase the Subject Property at a purchase price of up to $425,000 per acre,with three options to extend the term of the option in 6-month increments for $100 for each extension (Option Agreement),in accordance with Government Code section 25365. DETERMINE that neither the Option Agreement nor the sale of the Subject Property is subject to the California Environmental Quality Act (CEQA),pursuant to Article 5,Section 15061(b)(3)of the CEQA CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3 powered by Legistar™ File #:RES 2025-365,Version:1 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 these activities may have a significant effect on the environment. AUTHORIZE the Chair of the Board of Supervisors to execute a grant deed in a form approved by County Counsel to transfer the Subject Property to the County (Grant Deed),in the event the County exercises its option to purchase the Subject Property. Acting as the governing body of Contra Costa County: AUTHORIZE the Public Works Director,or designee,to execute the Option Agreement;extend the term of the Option Agreement in 6-month increments up to three times;and exercise the option to purchase the Subject Parcel in accordance with the terms of the Option Agreement. DETERMINE that neither the Option Agreement nor the purchase of the Subject Property is subject to 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 these activities may have a significant effect on the environment. AUTHORIZE the Public Works Director,or designee,to accept the Grant Deed by executing a certificate of acceptance. AUTHORIZE the Auditor-Controller to issue a journal entry from County to District account 7566-6D8359 (I) in the amount of $100 as consideration for the Option Agreement,and (II)in the amount of $100 each for up to three extensions of the term of the Option Agreement. DIRECT the Real Property Division of the Public Works Department to cause the Grant Deed and the certificate of acceptance to be recorded in the office of the County Recorder in the event the County exercises the option. FISCAL IMPACT: If the County exercises its option under the option agreement,the Flood Control District will receive up to $425,000 per acre for the Subject Property and the County will pay up to $425,000 per acre for the Subject Property. BACKGROUND: Proposed Development The Subject Property has been identified by the County’s Department of Health Services -Behavioral Health, as the potential site of two mental health facilities,a 16-bed mental health rehabilitation center,and a 16-bed adult residential treatment facility,as part of a project being considered by the State Department of Health Care Services and the Behavioral Health Continuum Infrastructure Program (BHCIP).On November 12,2024,this Board approved the County’s application for up to $100,000,000 of funds from the BHCIP program for the construction of these facilities. If constructed, this project will be known as the Delta Recovery Center. The project will be designed to provide behavioral health resources in a natural,campus-like environment where individuals can have access to an array of locked and unlocked services onsite.The proposed development will provide much-needed in-county resources to individuals in need of behavioral health care. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3 powered by Legistar™ File #:RES 2025-365,Version:1 Option Agreement The Option Agreement gives the County “site control,”because it gives the County the right to purchase the up -to-five-acre Subject Property for the term of the option at a price not exceeding $425,000 per acre.The purchase price of the option is $100.The initial term of the option is twelve months.The County will have the right to extend the term of the option in six-month increments up to three times.Each extension will require an additional $100 payment to the District.The Option Agreement prohibits the District from selling or encumbering any portion of the approximately-21-acre Property during the term of the agreement. CEQA If the Subject Property is acquired by the County,any proposed development project and the analysis of the project under CEQA will be the subject of future environmental review and discretionary decisions.At present, the District and the County have insufficient information to meaningfully consider any environmental impacts of a potential project and have,therefore,only considered the impact of the option agreement and the possible conveyance of the Subject Property to the County. Surplus Land Act The Surplus Land Act (SLA)is a statute that local agencies must follow when disposing of surplus land.The SLA requires local agencies disposing of their surplus property to prioritize affordable housing development, open space and school use.As amended by Assembly Bill 1486,which became effective January 1,2020,the SLA requires local agencies to declare surplus land to be either “exempt surplus land,”or “surplus land,”prior to taking any action to dispose of the land. By adopting the attached Resolution,the Board will be declaring the Subject Property to be “exempt surplus land,”as defined in Government Code section 54221(f)(1)(D),which includes surplus land that a local agency is transferring to another local agency for the receiving agency’s use. CONSEQUENCE OF NEGATIVE ACTION: If the Option Agreement is not approved,the County will need to gain site control of the Subject Property through another means. CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3 powered by Legistar™ RESOLUTION NO. RESOLUTION OF THE BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DECLARING A PORTION OF UNIMPROVED PROPERTY HAVING APN 053-060-028 TO BE EXEMPT SURPLUS LAND IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54221(f)(1)(D) FOR CONVEYANCE TO CONTRA COSTA COUNTY FOR ITS USE IN THE BEHAVIORAL HEALTH CONTINUUM INFRASTRUCTURE PROGRAM (BHCIP) RESOLVED, by the Board of Supervisors of Contra Costa County, acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (the “Board”): WHEREAS the Contra Costa County Flood Control and Water Conservation District, a body corporate and politic existing in the State of California (the “District”) owns an approximately 21-acre unimproved parcel located in Antioch between Laurel Road, Neroly Road, Live Oak Avenue and State Route 4 and having Assessor’s Parcel No. 053-060-028 (the “Property”). WHEREAS Contra Costa County (the “County”) desires to acquire from the District an option to purchase a portion of the Property consisting of up to five acres of land located on the Property, in the area labeled “Option Area” on the image attached as Attachment 1 (the “Subject Property”) for $100, allowing the County to purchase the Subject Property for up to $425,000 per acre for 12 months, with three 6-month extension options, for use in the County Health Department’s Behavioral Health Continuum Infrastructure Program (BHCIP). WHEREAS the District will receive consideration for the option in the form of a $100 payment from the County, and an additional $100 for each extension of the option, the County’s right to purchase the Subject Property will be an enforceable agreement. WHEREAS any real property conveyed from one local agency to another local agency for the receiving agency’s own use qualifies as “exempt surplus land,” as defined in Government Code section 54221(f)(1)(D). WHEREAS in accordance with Section 31 of the Contra Costa County Flood Control and Water Conservation District Act (the “Act”), the District may sell property following the adoption of a resolution declaring it surplus and no longer required for District purposes. NOW THEREFORE BE IT RESOLVED that the Board hereby finds and determines that the foregoing recitals are true and correct. BE IT FURTHER RESOLVED that the Board, in anticipation of the District and the County entering into an option agreement under which the County has the right to purchase the Subject Property for up to $425,000 per acre for 12 months, with three 6-month extension options, for use in the County Health Department’s BHCIP, hereby declares that the Subject Property is “exempt surplus land,” as that term is defined in Government Code section 54221(f)(1)(D). BE IT FURTHER RESOLVED that the Board, on behalf of the District, hereby determines that the Subject Property is no longer necessary to be retained for the uses and purposes of the District, in accordance with Section 31 of the Act. BE IT FURTHER RESOLVED that the Board hereby authorizes the Chief Engineer, or his designee, to take all actions necessary to complete the transactions contemplated in this Resolution, including the execution of an option agreement with the County, the conveyance of the Subject Property to the County under the terms of the option agreement, and the transmittal of this Resolution declaring the Property to be exempt surplus land to the California Department of Housing and Community Development at least 30 days prior to the disposition of the Subject Property. BE IT FURTHER RESOLVED that if any of the transactions contemplated in this Resolution fails to occur, the Board will, at a duly noticed and regular public meeting, rescind the declaration that the Subject Property is exempt surplus land until such time that the Board can make appropriate further findings and declarations. I hereby certify that this is a true and correct copy of an action taken and entered in the minutes of the Board of Supervisors of Contra Costa County, acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, on the date shown. ATTESTED: October 21, 2025 By: County Administrator and Clerk of the Board of Supervisors Attachment Map Legend Assessment Parcels Planning City Limits Board of Supervisors· Districts Laurel Ave BHCI P parcel Option Area This map ij a user generated, static output from an internet mapping application and is intended for reference use only. Data layers that appear on thij map may or may not be accurate, current, or otherwiie reliable. THIS Mll.P IS NOTTO BE USED FOR NNIGA11 ON. CCMap ij maintained by Contra Costa County Department of Information Technology, County GIS. Data laym contained lft.oithin the CCMap application are provided by various Contra Costa County Departments. Pleaje direct all data inguires to the appropriate department. Spatial Reference PCS: WGS 1984 Web Mere ator AuxiIiary Sphere Datum: WGS 1984 Credits: Contra Costa County Development of Conservation and Department, Maxar, Esri Community Maps Contributors, City of Antioch, California State Parks,© OpenStreetMap, Microsoft, Esri, TomTom, Garmiri, SafeGraph, GeoTechnologies, Inc, METI/NASA USGS, Bureau of Land tv1anagement, EPA NPS, S ( AT T A C H M E N T 1 1 OPTION AGREEMENT This option agreement (“Agreement”) is dated as of October 21, 2025 (the “Effective Date”), and is between the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, (the “Seller”) and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the “Buyer”). RECITALS A. Seller is the owner of the real property located at Antioch, California, having Assessor’s Parcel Number 053-060-028, which is more particularly described in Exhibit A (the “Property”). The Property is unimproved and consists of approximately 21 acres. B. Seller desires to grant to Buyer an option to purchase a portion of the Property consisting of up to five acres of land located on the Property, in the area labeled “Option Area” on the image attached as Exhibit B (the “Subject Property”). Buyer desires to accept the option from Seller on the terms and conditions set forth in this Agreement. C. Buyer is considering acquiring the Subject Property as the potential site of two mental health facilities, a 16-bed mental health rehabilitation center, and a 16-bed adult residential treatment facility, as part of a project being considered by the State Department of Health Care Services and the Behavioral Health Continuum Infrastructure Program (BHCIP). This Agreement, which gives the County the right to purchase the Subject Property throughout the term of this Agreement, provides the County with “site control,” while the County completes its due diligence. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Grant of Option. Seller hereby grants to Buyer the exclusive option to purchase the Subject Property, consisting of up to five acres, on the terms and conditions set forth in this Agreement (the “Option”). 2. Term of Option. The term of the Option begins on the Effective Date and ends at 11:59 p.m. on the date that is 12 months after the Effective Date (the “Initial Term”). Buyer has the right to extend the Initial Term in six-month increments no more than three times (each, a “Term Extension”), provided Buyer (i) gives notice of its election to extend the term in writing to Seller, and (ii) pays $100 as consideration for each Term Extension. The Initial Term, plus any exercised Term Extensions, is the “Option Term.” For the purpose of exercising a Term Extension, Buyer may notify Seller by emailing Seller at the email address for Seller set forth in Section 12. If Buyer fails to exercise the Option during the Option Term, the Option will automatically expire and all rights of Buyer arising out of the Option 2 will immediately cease. During the Option Term, Seller may not enter into any agreement to sell, transfer or lease the Property or the Subject Property. 3. Method of Exercising Option. Buyer may exercise the Option at any time after the Effective Date and prior to the expiration of the Option Term by giving written notice to Seller (the “Option Exercise Date”). If Buyer exercises the Option, Seller and Buyer shall close this transaction in accordance with the terms of this Agreement no later than the date specified by Buyer in its written notice to Seller, which date will be no later than 180 days after the Option Exercise Date. 4. Option Price; Purchase Price. a. The purchase price for the Option is $100.00 (the “Initial Option Price”). The Initial Option Price plus any amount paid to Seller for any Term Extensions is the “Option Price.” The Option Price will be applied to the Purchase Price on the Closing Date (as defined below). The Option Price is earned when paid and is nonrefundable consideration for the Option. The Initial Option Price is to be paid within 14 days after this Agreement is approved by the Board of Supervisors of Contra Costa County, acting in its capacity as the governing body of Seller and in its capacity as the governing body of Buyer. b. The purchase price for the Subject Property under the Option is up to $425,000 per acre of the Subject Property (the “Purchase Price”). The Purchase Price is payable on the date the Grant Deed (as defined below) is recorded in the official records of Contra Costa County transferring title to the Subject Property to Buyer (the “Closing Date”). 5. Conditions of Closing. On or prior to the Closing Date, Buyer shall pay all recording fees to record the Grant Deed and the premium charged for the title policy, if a policy is requested by Buyer. On or prior to the Closing Date, Seller shall remove all judgment liens, federal or state income or sales tax liens, lis pendens affecting the Subject Property, financing encumbrances, mortgages, deeds of trust, or other consensual monetary liens, mechanics’ or materialmen’s liens or encumbrances against the Subject Property or imposed on the Subject Property as a result of Seller’s (or its employees, agents’ contractors, subcontractors, or affiliates) actions or omissions, or improvements made to, or services rendered in connection with, the Subject Property at the request of, or on behalf of Seller (collectively, “Encumbrances”). Seller shall also terminate any possessory agreements, licenses and operating agreements that affect the Subject Property prior to the Closing Date. In addition to the documents identified in Section 7 below, Buyer and Seller shall each deliver any other instruments that are reasonably required to consummate the sale of the Subject Property to Buyer and the issuance of the title policy to Buyer, if a policy is requested by Buyer, in accordance with the terms of this Agreement. 6. Grant Deed. On or before the Closing Date, Seller shall deliver to the Director of Public Works, or his designee, a grant deed, in recordable form and properly executed by Seller, in 3 substantial conformity with the form attached as Exhibit C (the “Grant Deed”) conveying to Buyer the Subject Property in fee simple absolute, subject to any exceptions Buyer approves in writing (the “Approved Exceptions”). Buyer shall hold the Grant Deed in escrow until the Closing Date. 7. Property Conveyance. On the Closing Date, the Director of Public Works, or designee, shall do the following to finalize the conveyance of the Subject Property to Buyer: a. Record the Grant Deed, marked for return to the Buyer care of Buyer’s Principal Real Property Agent, which will be deemed delivery to the Buyer. b. Disburse to Seller the Purchase Price, less prorated amounts and charges to be paid by or on behalf of Seller under this Agreement. 8. Seller’s Representations and Warranties. Seller hereby represents and warrants to Buyer as follows: a. Marketable Title. Seller is conveying to Buyer, marketable and insurable fee simple title to the Subject Property, clear of restrictions, leases, liens and other encumbrances, subject only to the Approved Exceptions. No leases, rental agreements, licenses, or any other agreements allowing any third-party right to use the Subject Property are or will be in force unless prior consent has been given by Buyer in writing. Commencing on the Effective Date, and continuing until the Closing Date, Seller shall not permit any liens, encumbrances, easements, or assessments to be placed on the Subject Property other than the Approved Exceptions, nor shall Seller enter into any agreement that would affect the Subject Property and that would be binding on Buyer after the Closing Date without the prior written consent of Buyer. b. Property History. Seller has disclosed to Buyer all information and records known to and maintained by Seller in connection with the history of the Subject Property. All information Seller has delivered to Buyer is accurate and Seller has disclosed all known facts with respect to the Subject Property’s prior use and history. c. Property Information. Seller has disclosed to Buyer all reports and studies conducted by and/or maintained by Seller or Seller’s consultants, including, without limitation, the environmental report(s). Seller has provided Buyer with all reports in Seller’s possession, with respect to the Subject Property. d. Condition of Subject Property. i. Seller has disclosed to Buyer all information, records and studies maintained by Seller in connection with the Subject Property concerning hazardous substances and Seller is not concealing any knowledge of the presence of contamination or hazardous substances on, from or under the Subject Property. Any information that Seller has delivered to Buyer either directly or through Seller’s agents is 4 accurate and Seller has disclosed all material facts with respect to the Subject Property. ii. Except as otherwise set forth in this Agreement, Seller makes no warranty, guarantee, or representation related to the Subject Property. Buyer takes title to the Subject Property in its “AS-IS” condition. Seller has not made, and does not make, any representation as to the physical condition of the Subject Property. e. Other Matters Affecting Subject Property. To the best of Seller’s knowledge, there are not presently any actions, suits, or proceedings pending or, to the best of Seller’s knowledge, threatened against or affecting the Subject Property or the interest of Seller in the Subject Property or its use that would affect Seller’s ability to consummate the transaction contemplated by this Agreement. Further, there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Subject Property. To the best of Seller’s knowledge there are not presently any pending or threatened condemnation, eminent domain or similar proceedings affecting the Subject Property. Seller shall promptly notify Buyer of any of these matters arising in the future. f. Seller’s Authority. This Agreement and all other documents delivered prior to or on the Closing Date have been authorized, executed, and delivered by Seller; are binding obligations of the Seller; and are collectively sufficient to transfer all of Seller’s rights to the Subject Property. On October 21, 2025, in accordance with Section 31 of the Contra Costa County Flood Control and Water Conservation District Act, the Contra Costa Board of Supervisors, acting as the governing body of Seller, adopted a resolution, declaring that the Property is no longer necessary to be retained for the uses and purposes of Seller. 9. Buyer’s Representations and Warranties. Buyer warrants that the Board of Supervisors of Contra Costa County has authorized Buyer to enter into this Agreement and, upon execution, this Agreement is a binding obligation of Buyer. 10. Successors and Assigns. This Agreement binds and inures to the benefit of the respective legal representatives, successors, assigns, heirs, and devisees of the parties. 11. Right of Entry. From and after the Effective Date of this Agreement and at all times until this Agreement is terminated or title vests in Buyer, Buyer and its designated persons have the right at all reasonable times to enter on the Property for the purposes of Buyer, including but not limited to conducting soil and environmental tests, and other examinations and investigations of the Property. Buyer will defend, indemnify and hold Seller harmless against any damages, loss or liability or costs’ arising from Buyer’s or Buyer’s designated persons’ entry onto the Property, including but not limited to attorney’s fees and costs. Buyer’s obligations under this section shall survive and remain enforceable following either the termination of this Agreement or the close of escrow. 5 12. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement are to be in writing and delivered in person, by overnight carrier, or by first class U.S. Mail. A notice extending the Option Term may be sent to Seller via email. The addresses for delivery of all notices given under this Agreement are as follows: Buyer: Contra Costa County 40 Muir Road, 2nd Floor Martinez, CA 94553 Seller: Contra Costa County Flood Control & Water Conservation District Attn: Real Estate Division 255 Glacier Drive Martinez, CA 94553 fldcontr@pw.cccounty.us or to such other addresses as Buyer or Seller may respectively designate by written notice to the other. Delivery will be deemed effective: on the same day if delivery is made in person; on the next day after the date of mailing if delivery is made by overnight carrier; or on the fifth day following the date of mailing, if delivery is made by First Class U.S. Mail. A notice sent via email will be deemed effective on the same day it is sent. 13. Amendments. Except as otherwise provided in this Agreement, this Agreement may be amended or modified only by a written instrument executed by Seller and Buyer. 14. Governing Law. This Agreement is governed by the laws of the State of California. 15. Merger of Prior Agreements. This Agreement, including the exhibits to it, constitutes the entire agreement between the parties with respect to the purchase and sale of the Subject Property and supersedes all prior agreements and understandings between the parties relating to the subject matter of this Agreement. 16. No Joint Venture or Third-Party Beneficiaries. The relationship between Seller and Buyer is solely that of optionor and optionee. Nothing in this Agreement is intended to create a joint venture, partnership, tenancy-in-common, or joint tenancy relationship between Seller and Buyer nor to grant Buyer any interest in the Subject Property. Nothing expressed or implied in this Agreement gives to any person, other than the parties to this Agreement and their permitted successors and assigns, any legal or equitable rights, remedy or claim hereunder. [Remainer of Page Intentionally Left Blank] 6 17.Time of the Essence. Time is of the essence in the performance of this Agreement. The parties are signing this Agreement as of the date set forth in the introductory paragraph. CONTRA COSTA COUNTY CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By___________________________ By ___________________________ Warren Lai Warren Lai Public Works Director Chief Engineer RECOMMENDED FOR APPROVAL: By Jessica Dillingham Principal Real Property Agent APPROVED AS TO FORM THOMAS L. GEIGER, COUNTY COUNSEL By______________________________ Kathleen M. Andrus Deputy County Counsel G:\realprop\CCC Purchase 053-060-028 BHCIP Grant\Option Agreement docs for 10-21-25 BOS Agenda\Option Agmt V6.docx EXHIBIT "A" Contra Costa County Flood Control and Water Conservation District East portion of Parcel 1452.1 APN 053-060-028 Drawing Number FD-20, 167 Real property situate in the City of Antioch, County of Contra Costa, State of California, in the North half of Section 34, Township 2 North, Range 2 East, Mount Diablo Meridian, being a portion of that parcel of land described as Parcel 1452.1 in the Grant Deed from Mary Ann Mateas to the Contra Costa County Flood Control and Water Conservation District recorded on August 14, 1987 at Recorder's Series Number 87-174293, and a portion of that parcel of land described as Parcel 1454.2 in the Grant Deed from Ronald E.Nunn to the Contra Costa County Flood Control and Water Conservation District recorded on August 23, 1990 at Recorder's Series Number 90-171939, and a portion of that parcel of land described as Parcel Two in the Decree for Final Distribution and for Payment of Extraordinary Attorney's Fees for the estate of Giuseppina Jacuzzi recorded November 1, 1984 in Book 12046 of Official Records at page 878, which was conveyed to the Contra Costa County Flood Control and Water Conservation District by a series of deeds recorded October 16, 1989 at Recorder's Series Numbers 89-209009 thru 89- 209023 inclusive, more particularly described as follows: Fee Title Beginning at the point of intersection of the Southwest line of the Union Pacific Railroad 100 feet in width right of way, as described in the deed to San Pablo and Tulare Railroad recorded January 30, 1872 in Book 22 of Deeds at page 510, records of Contra Costa County, and the South line of the parcel described in the deed to United States of America, recorded March 10, 1938 in Book 463 of Official Records at page 19, from which a radial line of a curve concave to the Southwest having a radius of 22,868.33 feet bears South 49 ° 22' 19" West; thence from said Point of Beginning, Southeasterly along said Union Pacific Railroad right of way, through a central angle of 2 ° 25' 35" an arc distance of 968.45 feet to the Northern right of way line for Laurel Road as described in the Grant Deed from the State Route 4 Bypass Authority to the City of Antioch recorded on March 29, 2011 at Recorder's Series Number 2011-0064806; thence along said Northern line the following five courses: (1) South 52 ° 33' 34" West, 41.80 feet; (2) South 89 ° 29' 12" West, 60.24 feet; (3) South 52 ° 33' 34" West, 126.01 feet; (4) South 0 ° 29' 10" West, 44.63 feet; (5) South 52 ° 33' 34" West, 386.40 feet to the Northern right of way line for Laurel Road as described in the Grant Deed from the Contra Costa County Flood Control and Water Conservation District to the City of Antioch recorded on September 2, 2022 at Recorder's Series Number 2022-0135145; thence along said Northern line, South 52 ° 33' 34" West, 60.51 feet to the Northeasterly right of way line of State Highway 4, as described in the Grant Deed from the State Route 4 Bypass Authority to the State of California recorded on September 2, 2015 at Recorder's Series Number 2015-0183698; Page 1 of 2 Option Area EX H I B I T B Recorded at the request of: Contra Costa County Return and Mail Tax Statement to: Contra Costa County Public Works Department Real Estate Division 255 Glacier Drive Martinez, CA 94553 EXHIBIT C FORM OF GRANT DEED EXEMPT FROM RECORDING FEES PURSUANT TO GOV’T. CODE SECTION 27383 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922. Portion of Assessor's Parcel No. 053-060-028 GRANT DEED For Value Received, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, The following described real property in the unincorporated area of the County of Contra Costa, State of California, AS DESCRIBED IN EXHIBIT “A” AND SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF. Contra Costa County Flood Control and Water Conservation District Date ____________________ ___________________________ Candance Andersen Chair, Board of Supervisors STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On _______________________, before me, _________________________, Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared ________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Deputy Clerk 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 EXHIBIT A SUBJECT LEGAL DESCRIPTION PLACEHOLDER EXHIBIT B SUBJECT PLAT MAP PLACEHOLDER G:\realprop\CCC Purchase 053-060-028 BHCIP Grant\Option Agreement docs for 10-21-25 BOS Agenda\Finals documents\BHCIP Option Exhibit C Grant Deed.doc 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4423 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a contract amendment with Balance Hydrologics, INC, effective October 21, 2025, to increase the payment limit by $500,000 to a new payment limit of $700,000 and extend the term through November 29, 2028, for on-call consulting services for professional engineering and fluvial geomorphology. (100% Flood Control District Funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:The Contra Costa County Flood Control and Water Conservation District Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Contract Amendment with Balance Hydrologics, INC, for Professional Engineering and Fluvial Geomorphology Services. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (Flood Control District),APPROVE and AUTHORIZE the Chief Engineer,or designee,to execute a contract amendment with Balance Hydrologics,INC,effective October 21,2025,to increase the payment limit by $500,000 to a new payment limit of $700,000 and extend the term through November 29,2028,for on-call consulting services for professional engineering and fluvial geomorphology related to flood control facility restoration, maintenance, and design in Zones 7 and 3B. FISCAL IMPACT: This contract amendment is funded 100%by Flood Control District Funds.Approximately 75%of the required funds are anticipated to be reimbursable through an existing U.S.Environmental Protection Agency Grant, which was executed upon Board of Supervisor approval on February 25, 2025. Project No.: Various BACKGROUND: The Flood Control District has engaged Balance Hydrologics,INC,to design and prepare construction documents for the Lower Wildcat Creek Restoration Project.The purpose of this project is to restore flood capacity,improve habitat,and enhance fish passage within the communities of Richmond and North Richmond. The project area extends for approximately one mile,from just downstream of the Wildcat Sediment Basin and Fish Ladder Project near Verde Elementary School to Richmond Parkway. Local partners-including Urban Tilth,The Watershed Project,and the West County Wastewater District-are collaborating with the Flood Control District on this and related projects supported by a U.S.Environmental CONTRA COSTA COUNTY Printed on 1/27/2026Page 1 of 2 powered by Legistar™ File #:25-4423,Version:1 collaborating with the Flood Control District on this and related projects supported by a U.S.Environmental Protection Agency Water Quality Improvement Fund grant,administered by the San Francisco Estuary Partnership.The grant expires in February 2028,and completing the full scope of work-including design, regulatory permitting,contractor procurement,and construction-will require the entirety of the grant term,with close coordination among all agencies and organizations involved.Given the scale and complexity of the project,the Flood Control District seeks to amend its agreement with Balance Hydrologics,INC,by increasing the payment limit for on-call professional engineering and geomorphic services in order to ensure timely delivery within the federal grant deadline. The Flood Control District conducted a solicitation for on-call fluvial geomorphology technical services in 2023.Following a competitive selection process,contracts became effective November 30,2023.Wildcat Creek and Walnut Creek (Flood Protection Zone 3B)are both heavily impacted by sedimentation,affecting habitat and flood conveyance.Work on Walnut Creek is concurrent to the Lower Wildcat Creek Restoration Project,and also includes collaborative partnerships with local Friends of Creeks groups and the Walnut Creek Watershed Council.This on-call contract may be used to support geomorphic studies on both watersheds. While existing Zone 3B funding is sufficient to cover additional work on Walnut Creek,work on Wildcat Creek would be grant-reimbursable,pending compliance with the federal grant timeline.Approval of the requested contract amendment will authorize services for both projects,ensuring timely completion within the federal grant deadline for the Wildcat Creek project. CONSEQUENCE OF NEGATIVE ACTION: Without Board of Supervisors approval,the Flood Control District would be unable to continue the complex, collaborative hydrologic and geomorphic design and study work for both the Lower Wildcat Creek Restoration and the separate Walnut Creek studies.This could delay critical project milestones,hinder coordination among partner agencies,and jeopardize timely completion of creek restoration and flood protection within the mandatory federal grant deadline. CONTRA COSTA COUNTY Printed on 1/27/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4424 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a contract amendment with Balance Hydrologics, INC, effective October 21, 2025, to increase the payment limit by $200,000 to a new payment limit of $500,000 for on-call professional engineering services relating to hydrology, hydraulic, and hydrologic data collection with no change to the term, Countywide. (100% Flood Control District Funds) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:The Contra Costa County Flood Control and Water Conservation District Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Contract Amendment with Balance Hydrologics, INC, for Hydrology, Hydraulic, and Hydrologic Data Collection, Countywide. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (Flood Control District),APPROVE and AUTHORIZE the Chief Engineer,or designee,to execute a contract amendment with Balance Hydrologics,INC (Consultant),effective October 21,2025,to increase the payment limit by $200,000 to a new payment limit of $500,000 for on-call professional engineering services relating to hydrology, hydraulic, and hydrologic data collection with no change to the term, Countywide. FISCAL IMPACT: This contract amendment is funded by 100% Flood Control District Funds. BACKGROUND: The Flood Control District provides regional flood protection,technical information,hydrology data and education to cities and residents,and environmental stewardship for over 70 miles of streams and several detention basins as part of the County’s flood protection system.The Flood Control District performs hydrologic analysis and operates and maintains stream and rain gauges to collect hydrologic data and requires hydrology,hydraulic,and hydrologic data collection professional services in these efforts.In performing the hydrology,hydraulic,and hydrologic data collection work,the Flood Control District,at times,requires additional temporary services from persons specially trained,experienced,expert,and competent to perform these services,including maintenance and installation of related equipment.For that reason,the Flood Control District is entering into this contract amendment with Consultant.Under this contract amendment,Consultant will provide professional engineering services relating to hydrology,hydraulic,and hydrologic data collection on an on-call basis for a variety of Flood Control District projects,whether proposed by the Flood Control CONTRA COSTA COUNTY Printed on 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4424,Version:1 on an on-call basis for a variety of Flood Control District projects,whether proposed by the Flood Control District or outside agencies, throughout Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors,the Flood Control District will not be able to obtain timely on-call services for professional engineering and technical services relating to hydrology,hydraulic,and hydrologic data collection. CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4425 Name: Status:Type:Consent Item Passed File created:In control:10/7/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute an amendment to the agreement with the California Department of Water Resources: Flood Emergency Response Projects Grant Program — Statewide, to extend the term through October 29, 2025, and adjust budget allocations, with no change in the grant amount, Concord, Danville, Martinez, Pacheco, Pinole, Pleasant Hill, Rodeo, San Pablo, Richmond, and Walnut Creek areas. (No fiscal impact) Attachments:1. Contra Costa County Flood Control and Water Conservation Agreement No. 4600012938 - Amendment 3 Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:The Contra Costa County Flood Control and Water Conservation District Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Amendment to the Agreement with the California Department of Water Resources: Flood Emergency Response Projects Grant Program - Statewide. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (Flood Control District),APPROVE and AUTHORIZE the Chief Engineer,or designee,to execute an amendment to the agreement with the California Department of Water Resources:Flood Emergency Response Projects Grant Program -Statewide,to extend the term through October 29,2025,and adjust budget allocations,with no change in the grant amount,Concord,Danville,Martinez,Pacheco,Pinole,Pleasant Hill, Rodeo, San Pablo, Richmond, and Walnut Creek areas. FISCAL IMPACT: No fiscal impact.The amendment will modify the agreement term only and not change the amount of the grant. Any incidental costs associated with the project and not covered by the grant will be paid for by Flood Control District funds. (Project No. 7505-6F8117). BACKGROUND: In 2014, Contra Costa County (County) applied for and received a grant from the Department of Water Resources for $206,500 under the first round of the Flood Emergency Response Projects Grant Program - Statewide: State Contract No. 4600012938. This grant paid to install 11 stream gauges in the nonlegal Delta streams and for our RainMap webpage (www.cccounty.us/RainMap). <http://www.cccounty.us/RainMap)> CONTRA COSTA COUNTY Printed on 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4425,Version:1 The work on that project was completed in December 2017. On February 4, 2020, the Board of Supervisors approved a second grant agreement with the State of California in the amount of $374,000 for the establishment of flood-stage elevations at 12 of our stream gauges (including all 11 installed by the first grant). We are continuing to work to establish the elevations at each stream gauge where we estimate flooding could occur in the general area upstream and downstream of the stream gauges. The established flood-stage elevations are now shown on plots on our RainMap where the public are able to view the stream stages and compare them to flood stages. This is to heighten the public’s awareness of the stream conditions during areawide flood watches. Part of the grant paid for our time to communicate the flood stages and stream gauge information with the County Office of Emergency Services and other jurisdictions, such as cities and park districts. The Flood Control District overspent on some tasks and underspent on others. At the recommendation of the State Department of Water Resources, the Flood Control District agreed to amend the agreement to reallocate the budget, allowing it to receive the maximum eligible reimbursement. Although the amendment sets an October 29, 2025, completion date, the Board action occurs only a week before; this is acceptable since the work is already 100% complete. The term extension exists solely to allow the reallocation. Once revised, a final invoice will be submitted to capture all eligible funding. CONSEQUENCE OF NEGATIVE ACTION: Without the Board of Supervisors’approval,the Flood Control District will not maximize the final amount it can receive from the grant. CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ Agreement No. 4600012938 AMENDMENT 3 1 AMENDMENT 3 STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES THIRD AMENDMENT TO AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT UNDER THE FLOOD EMERGENCY RESPONSE PROJECTS – STATEWIDE GRANT ROUND 3 On April 29, 2020, the State of California Department of Water Resources (hereinafter called the STATE), and the Contra Costa County Flood Control and Water Conservation District (hereinafter called the FUNDING RECEIPIENT) entered into an Agreement for the purpose of improving local flood emergency response. The project is designed to increase the capacity for locals to respond to flood threats through enhancements to planning, training and equipment. On March 10, 2023, the Agreement was amended (Amendment 1) to update Section 2, Term of Funding Agreement, Exhibit C, Schedule, and Exhibit D, Standard Conditions. On April 16, 2024, the Agreement was amended (Amendment 2) to update Section 2, Term of Funding Agreement, Exhibit B, Budget, and Exhibit C, Schedule. The STATE and FUNDING RECEIPIENT now desire to amend the April 29, 2020 Agreement. The April 29, 2020 Agreement is hereby amended by this instrument, Amendment 3, to be effective as of August 1, 2025. This Amendment is necessary to fulfill the intent and purpose of the April 29, 2020 Agreement. The STATE and FUNDING RECEIPIENT hereby agree to the following modifications: 1. Section 2, Term of Funding Agreement, is replaced in its entirety with: “The term of this Funding Agreement begins on the date this Funding Agreement is executed by the State, through final payment plus three (3) years unless otherwise terminated or amended as provided in this Agreement. However, all work shall be completed by October 29, 2025 and no funds may be requested after April 29, 2026.”. 2. Exhibit B, Budget, of the Agreement is replaced in its entirety with the attached revised Exhibit B. The overall budget total of the Agreement remains unchanged. 3. Exhibit C, Schedule, of the Agreement is replaced in its entirety with the attached revised Exhibit C. Agreement No. 4600012938 AMENDMENT 3 2 All other terms and conditions of the April 29, 2020 Agreement remain unchanged. CONTROL AND WATER CONSERVATION DISTRICT By: ______________________________ Warren Lai Chief Engineer Date: ____________________________ Approved as to Legal Form and Sufficiency By: ______________________________ Michael George Deputy County Counsel Date: ______________________________ DEPARTMENT OF WATER RESOURCES By: _______________________________ Jeremy Hill, Manager Hydrology and Flood Operations Branch Date: _____________________________ Approved as to Legal Form and Sufficiency By: _______________________________For Robin Brewer, Assistant General Counsel Office of the General Counsel Date: ______________________________ Agreement No. 4600012938 AMENDMENT 3 3 Exhibit B Budget Task Description Authorized Funding 1 $163,300.00 1.1 Field and Office Surveying $151,300.00 1.2 Engineering - Model Search $7,040.00 1.3 Citizens $4,960.00 Engineering - Modeling Website Programming Outreach Project Management Grand Total $374,000.00 Agreement No. 4600012938 AMENDMENT 3 4 Exhibit C Schedule Table C1 — Schedule Task Description Start Date Duration End 4/ 29/ 2020 1,095 4/29/2023 757 4/ 29/ 2023 366 4/29/2024 261 4/ 29/ 2024 365 4/29/2025 262 4/ 29/ 2025 183 10/29/2025 132 5.0 6/29/2020 1,887 8/29/2025 1,325 5.0 6/29/2020 29 7/28/2020 22 1.0 8/5/2020 1,640 1/31/2025 1,148 1.1 Field and Office Surveying 7/25/2021 1,286 1/31/2025 905 1.2 Engineering - Model Search 8/5/2020 329 6/30/2021 227 1.3 Interviews with Cities and Citizens 10/14/2020 837 10/31/2024 1,034 2.0 8/5/2020 1,683 3/15/2025 1,178 3.0 11/15/2024 154 4/18/2025 111 4.0 9/1/2024 235 4/24/2025 169 5.0 4/29/2025 90 7/28/2025 65 4/24/2025 5 4/29/2025 4 *Working days exclude weekends and holidays. Agreement No. 4600012938 AMENDMENT 3 5 Figure C2 — Schedule 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4426 Name: Status:Type:Consent Item Passed File created:In control:9/29/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the conveyance of approximately two acres of the County’s Old- Imhoff Road right-of-way to the Central Contra Costa Sanitary District, the Flood Control District's acceptance of approximately 1.53 acres of property, and an approximately 0.52 acre flood control easement from Central San, and the execution of a real property exchange agreement among the County, Flood Control District, and Central San, in connection with the Flood Control District’s Grayson and Walnut Creek Levee Improvements, as recommended by the Chief Engineer and Public Works Director, Martinez area. (50% Central Contra Costa Sanitary District Funds, 50% Flood Control District Zone 3B Funds) Attachments:1. Grant Deed and Reservation of Easement Portions of Old Imhoff Drive, 2. Grant Deed and Reservation of Easement 159-140-050, 159-140-057, 3. Grant of Easement 159-140-058, 159-150- 057, 4. Grant of Easement 159-150-057, 5. Real Property Exchange Agreement Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:APPROVE exchange property rights among the County, Flood Control District, and Central Contra Costa Sanitary District, Martinez area ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: As governing body of Contra Costa County and the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Public Works Director and Chief Engineer to execute, on behalf of the County and the Flood Control District, a real property exchange agreement (Agreement) requiring: (a) the County’s conveyance, to Central Contra Costa Sanitary District (Central San) of approximately 2.0 acres of County’s Old-Imhoff Road right of way within Road No. 3887F and adjoining Assessor’s Parcel No. 159-150-057, subject to reservation of an access easement for the County and Flood Control District, (County Conveyance) (b) the Flood Control District’s acceptance from Central San of approximately 1.53 acres of property within Assessor’s Parcel Nos. 159-140-050 and 159-140-057, subject to reservation of a utility and fencing easement for Central San, (Central San Conveyance) (c) the Flood Control District’s acceptance from Central San of an approximately 0.52-acre flood control and drainage easement within Assessor’s Parcel Nos. 159-140-058 and 159-150-057 (Grant of Easement) All in connection with the Flood Control District’s Grayson and Walnut Creek Levee Improvements (Project), as recommended by the Chief Engineer and Public Works Director, Martinez area. 50% Central Contra Costa CONTRA COSTA COUNTY Printed on 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4426,Version:1 Sanitary District Funds, 50% Flood Control District Zone 3B Funds (Project No. 7520-6B8315 (CP# 21-03) AUTHORIZE the Chief Engineer and Public Works Director to execute the Agreement on behalf of the Flood Control District and the County. AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of the County, the grant deed for the County Conveyance. ACCEPT, on behalf of the Flood Control District, the grant deed for the Central San Conveyance and the Grant of Easement. DIRECT the Real Estate Division of the Public Works Department to cause the grant deeds for the County Conveyance and the Central San Conveyance, the Grant of Easement, Central San’s acceptance of the County conveyance, and a certified copy of this staff report and board order to be recorded in the Official Records of the Contra Costa County Clerk-Recorder. AUTHORIZE the Real Estate Division of the Public Works Department to pay any recording fees charged for the recording of the aforementioned documents. FISCAL IMPACT: 50% Central Contra Costa Sanitary District Funds, 50% Flood Control District Zone 3B Funds. BACKGROUND: The Flood Control District, in partnership with Central San, is pursuing the Project at CCCSD Treatment Plant located in Martinez, Contra Costa County, for the purpose of improving flood protection. The CCCSD Treatment Plant is a critical piece of regional infrastructure, and, due to its proximity to Grayson and Walnut Creeks, it is vulnerable to flooding. The Project requires the District to acquire fee, permanent easements (Property Interests) in the Property. In exchange, the County will transfer portions of Old Imhoff Road to CCCSD, reserving an access easement for County and The Flood Control District purposes. In relation, CCCSD will grant an access easement over portions of Old Imhoff Road currently owned in fee by CCCSD. District and County staff recommend that the Board approve execution of the Agreement and Grant Deed and Reservation of Easement so that Project construction can proceed as planned. CONSEQUENCE OF NEGATIVE ACTION: The District will not have the necessary rights to construct the Project according to plans, specifications, and construction timelines. CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4427 Name: Status:Type:Consent Item Passed File created:In control:10/2/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. (No fiscal impact) Attachments:1. Surplus Vehicles and Equipment Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Warren Lai, Public Works Director/Chief Engineer Report Title:Disposal of Surplus Property ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: DECLARE as surplus and AUTHORIZE the Purchasing Agent,or designee,to dispose of fully depreciated vehicles and equipment no longer needed for public use,as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use.The property for disposal is either obsolete,worn out,beyond economical repair,or damaged beyond repair. CONSEQUENCE OF NEGATIVE ACTION: Public Works would not be able to dispose of surplus vehicles and equipment. CONTRA COSTA COUNTY Printed on 2/2/2026Page 1 of 1 powered by Legistar™ PUBLIC WORKS DEPARTMENT FLEET DIVISION OCTOBER 21, 2025 STAFF REPORT Item Department Description/Unit/Make/Model Serial No Condition 1. DEFENDER 2013 FORD FUSION 3FA6P0LU0DR236941 Worn Out Sold As Is DEFENDER 2015 FORD FUSION Sold As Is DEFENDER 2015 FORD FUSION Sold As Is WORKS 2015 FORD FOCUS EV Sold As Is WORKS 2016 NISSAN LEAF EV Sold As Is WORKS 2016 NISSAN LEAF EV Sold As Is 2014 FORD INTERCEPTOR Sold As Is 2015 FORD INTERCEP SUV Sold As Is SERVICES 2019 FORD TRANSIT CONN Sold As Is PUBLIC WORKS DEPARTMENT FLEET DIVISION OCTOBER 21, 2025 STAFF REPORT 10. HEALTH SERVICES 2024 FORD EXPLORER Sold As Is 2013 TOYOTA SIENNA Sold As Is SERVICES 2008 CHEVROLET 1500 Sold As Is WORKS 2011 FORD E-250 Sold As Is WORKS 2011 FORD F-150 Sold As Is SERVICES 2016 FORD F-250 Sold As Is 2008 FORD F-350 Sold As Is 2006 GREGOR MX-580 WALK Sold As Is WORKS 1995 JACOBSEN DTBB124 Sold As Is 2006 EZ LOADER BOAT TRLR Sold As Is 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4428 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:RECEIVE report concerning the final settlement of Nicole Valadao vs. Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $100,000 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Karen Caoile, Director of Risk Management Report Title:Final Settlement of Claim, Nicole Valadao vs. Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RECEIVE this report concerning the final settlement of Nicole Valadao and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $100,000. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $100,000. BACKGROUND: Attorney Mark A. Cartier, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Nicole Valadao v. Contra Costa County. The Board's October 7, 2025 closed session vote was: Supervisors Gioia, Andersen, Burgis, Carlson and Scales-Preston - Yes. This action is taken so that the terms of this final settlement and the earlier October 7, 2025, closed session vote of this Board authorizing its negotiated settlement are known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. CONTRA COSTA COUNTY Printed on 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4428,Version:1 CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4429 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:RECEIVE report concerning the final settlement of Latricia Johnson-Terry vs. Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $85,000 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Karen Caoile, Director of Risk Management Report Title:Final Settlement of Claim, Latricia Johnson-Terry vs. Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RECEIVE this report concerning the final settlement of Latricia Johnson-Terry and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $85,000. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $85,000. BACKGROUND: Attorney Mark A. Cartier, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Latricia Johnson- Terry v. Contra Costa County. The Board's October 7, 2025, closed session vote was: Supervisors Gioia, Andersen, Burgis, Carlson and Scales-Preston - Yes. This action is taken so that the terms of this final settlement and the earlier October 7, 2025, closed session vote of this Board authorizing its negotiated settlement are known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. CONTRA COSTA COUNTY Printed on 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4429,Version:1 CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4430 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:RECEIVE report concerning the final settlement of Alexei P. Shabanoff vs. Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $175,000 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Karen Caoile, Director of Risk Management Report Title:Final Settlement of Claim, Alexei P. Shabanoff vs. Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RECEIVE this report concerning the final settlement of Alexei P. Shabanoff and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $175,000. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $175,000. BACKGROUND: Attorney Leslie A. Leyton, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Alexei P. Shabanoff v. Contra Costa County. The Board's October 7, 2025, closed session vote was: Supervisors Gioia, Andersen, Burgis, Carlson and Scales-Preston - Yes. This action is taken so that the terms of this final settlement and the earlier October 7, 2025, closed session vote of this Board authorizing its negotiated settlement are known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. CONTRA COSTA COUNTY Printed on 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4430,Version:1 CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4431 Name: Status:Type:Consent Item Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:RECEIVE report concerning the final settlement of Jennifer Rillera vs. Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $68,500 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Karen Caoile, Director of Risk Management Report Title:Final Settlement of Claim, Jennifer Rillera vs. Contra Costa County ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: RECEIVE this report concerning the final settlement of Jennifer Rillera and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $68,500. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $68,500. BACKGROUND: Attorney Mark A. Cartier, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Jennifer Rillera v. Contra Costa County. The Board's October 7, 2025, closed session vote was: Supervisors Gioia, Andersen, Burgis, Carlson and Scales-Preston - Yes. This action is taken so that the terms of this final settlement and the earlier October 7, 2025, closed session vote of this Board authorizing its negotiated settlement are known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. CONTRA COSTA COUNTY Printed on 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4431,Version:1 CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4432 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:DENY claims filed by Hashmat Akramy; Allstate Northbrook Indemnity Co.; Jimmy C. Dorsey; Ghada Elsayad; Heather Farmer; Salma Ghavami Shahidi; Gloria Hardin; Bobby John; Justin Russo; Peter Seperack; Benjamin Tappe; La Janee Turner; and Kyra K. Worthy. DENY amended claim filed by A. Bolton. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 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 Hashmat Akramy; Allstate Northbrook Indemnity Co.; Jimmy C. Dorsey; Ghada Elsayad; Heather Farmer; Salma Ghavami Shahidi; Gloria Hardin; Bobby John; Justin Russo; Peter Seperack; Benjamin Tappe; La Janee Turner; and Kyra K. Worthy. DENY amended claim filed by A. Bolton. FISCAL IMPACT: No fiscal impact. BACKGROUND: DENY claims filed by Hashmat Akramy; Allstate Northbrook Indemnity Co.; Jimmy C. Dorsey; Ghada Elsayad; Heather Farmer; Salma Ghavami Shahidi; Gloria Hardin; Bobby John; Justin Russo; Peter Seperack; Benjamin Tappe; La Janee Turner; and Kyra K. Worthy. DENY amended claim filed by A. Bolton. 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 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4432,Version:1 CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4433 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:Acting as the governing board of the Contra Costa County Fire Protection District; DENY claim filed by Emedardo Wilfredo Rios Juarez. Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:Lewis Broschard, Chief, Contra Costa County Fire Protection District Report Title:Claims ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: Acting as the governing board of the Contra Costa County Fire Protection District; DENY claim filed by Emedardo Wilfredo Rios Juarez. FISCAL IMPACT: No fiscal impact. BACKGROUND: Acting as the governing board of the Contra Costa County Fire Protection District; DENY claim filed by Emedardo Wilfredo Rios Juarez. 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 2/2/2026Page 1 of 2 powered by Legistar™ File #:25-4433,Version:1 CONTRA COSTA COUNTY Printed on 2/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:1RES 2025- 361 Name: Status:Type:Consent Resolution Passed File created:In control:10/8/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:ADOPT Resolution No. 2025-361 authorizing the Sheriff-Coroner, or designee, to apply for and accept grant funding, including amendments and extensions, with the U.S. Department of Justice, Office of Justice Programs, 2025 DNA Capacity Enhancement for Backlog Reduction Program Grant, with an initial amount up to $256,270, for the purchase of scientific equipment to process DNA evidence, for the initial period of October 1, 2025 through September 30, 2027. (100% Federal; No County match) Attachments: Action ByDate Action ResultVer.Tally adoptedBOARD OF SUPERVISORS10/21/2025 1 Pass To: Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:2025 DNA Capacity Enhancement for Backlog Reduction Program Grant ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: ADOPT a Resolution authorizing the Sheriff-Coroner, or designee, to apply for, accept and approve grant funding, including amendments and extensions, pursuant to the grant guidelines, with the U.S. Department of Justice, Office of Justice Programs, 2025 DNA Capacity Enhancement for Backlog Reduction Program Grant, with an initial amount of up to $256,270, for the purchase of scientific equipment and support of DNA analysts for the Sheriff’s Forensic Services Toxicology Unit, for the initial period of October 1, 2025 through September 30, 2027. FISCAL IMPACT: Approval of this request will result in an initial revenue of $256,270. This will be 100% Federal revenue with no county match requirement. BACKGROUND: The Contra Costa County Office of the Sheriff Forensic Services Division operates an ANAB (ANSI National Accreditation Board) Accredited Crime Laboratory able to provide County-wide Forensic DNA testing services. The DNA Capacity Enhancement for Backlog Reduction Program Grant funds are needed to ensure the efficient processing of DNA evidence. Grant funds are used to purchase scientific equipment allowing for high throughput DNA extraction, quantification and detection. In addition, funding supports DNA analysts who process DNA samples collected at crime scenes to aid in criminal investigations and prosecutions. The 2025 DNA Capacity Enhancement for Backlog Reduction Program Grant will be used to support DNA CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:RES 2025-361,Version:1 analysts, acquire advanced technology, consumables and provide state-of the art forensic DNA testing to law enforcement agencies in County of Contra Costa. CONSEQUENCE OF NEGATIVE ACTION: A negative action from the Board will result in an increase in the DNA case backlog, an increase in the turnaround time for DNA sample processing and contribute to delays in criminal prosecutions. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board WHEREAS, the County of Contra Costa is seeking funds available through the U.S. Department of Justice, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors authorizes the Sheriff-Coroner, Undersheriff or the Sheriff’s Chief of Management Services, to execute for and on behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance including grant modifications and extensions provided by the U.S. Department of Justice. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4434 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Sheriff-Coroner or designee, to execute an contract with Allied Universal Electronic Monitoring US, Inc. in an amount not to exceed $800,000 for the purchase of electronic home monitoring services, equipment, and related products at the Office of the Sheriff Custody Alternative Facility, for the period December 1, 2025 through November 30, 2028. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Allied Universal Electronic Monitoring US, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner or designee, to execute a contract with Allied Universal Electronic Monitoring US, Inc. in an amount not to exceed $800,000 for the purchase of electronic home monitoring services, equipment and related products, at the Office of the Sheriff Custody Alternative Facility, for the period December 1, 2025 through November 30, 2028. FISCAL IMPACT: Approval of this request will result in up to $800,000 in contractual service expenditures over a 3-year period and will be funded 100% by the General Fund. BACKGROUND: Allied Universal Electronic Monitoring US, Inc. develops, manufactures and provides innovative technology products for the criminal justice industry that help ensure the safety of communities and efficient, secure monitoring and tracking operations. Allied is a leading global provider of presence and location verification technologies and offers a complete suite of proprietary products and services. The contractor’s solutions can be customized, and are based upon a full-featured, integrated platform that is scalable and highly flexible to meet the Office of the Sheriff's unique needs now and in the future. The Office of the Sheriff operates an Electronic Home Detention program intended as an alternative to incarceration for those persons who are qualified for home detention. This program provides significant savings to the County when compared to regular incarceration. It also keeps the County within the daily population CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4434,Version:1 standard as required in the three detention facilities. This is a contract renewal with Allied Universal Electronic Monitoring US, Inc., and the Agreement for Professional Services and Products include a limitation of liability. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the contractor cannot continue to provide services, which would cause the Office of the Sheriff to suspend the Electronic Home Detention Program and it would limit the options for alternatives to incarceration. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4435 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to renew Cardroom License Number 6, known as "California Grand Casino," currently located in Pacheco, California, for the period of November 26, 2025 through November 25, 2026. (No fiscal impact) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Renewal of Cardroom License ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to renew Cardroom License Number 6, known as "California Grand Casino," currently located at 5988 Pacheco Blvd., Pacheco, California, for the period of November 26, 2025 through November 25, 2026. FISCAL IMPACT: There is no fiscal impact to County funds. The applicant submitted $10,500, which includes $1,000 in application fees, plus $500 per table for the licensing of nineteen (19) card tables. BACKGROUND: In accordance with County Ordinance No. 82-44, Chapter 52-3, Article 52-3.3, Section 52-3.321, an application has been submitted by Mr. Lamar V. Wilkinson and Ms. Elizabeth Wilkinson for the renewal of Cardroom License Number 6, known as "California Grand Casino". The Office of the Sheriff conducted a background investigation of the applicants. The investigation produced no adverse information, which would preclude approval of this application. This Cardroom License will be issued to Mr. Lamar V. Wilkinson and Ms. Elizabeth Wilkinson, owners of the cardroom establishment. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, it will result in Cardroom License Number 6 not being renewed and the Cardroom will no longer be able to operate until a new license has been approved. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 1 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4436 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Informer Systems, LLC (dba SafeCities), in an amount not to exceed $8,112, and ACCEPT the Terms of Service, for the workforce scheduling management software, for the period March 1, 2025 through February 28, 2026. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Informer Systems, LLC dba SafeCities ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Informer Systems, LLC dba SafeCities, not to exceed $8,112, and ACCEPT the Terms of Service for the workforce scheduling management software, for the period of March 1, 2025 through February 28, 2026. FISCAL IMPACT: Approval of this request will result in up to $8,112 in contractual service expenditures over a one-year period and will be funded 100% by the General Fund. BACKGROUND: Informer Systems, LLC dba SafeCities is a workforce scheduling and management solution for public safety organizations, primarily first responders. Their software, Schedule Express, is a custom software used by the Office of the Sheriff to unify and automate workflows to manage employee scheduling, effectively eliminating paperwork, man-power costs, and substantially reducing errors, omissions, and abuse. This software helps the Office of the Sheriff’s Dispatch Unit reduce the risks, costs, and complexities of workforce management. It offers real-time plans and reports to help supervisors identify and fill gaps in coverage. This provides practical time and attendance tracking, which automates the monitoring of time banks and time-off requests while integrating with payroll systems. Through notifications, staff are automatically notified of schedule changes, time-off approvals, and other essential updates. Schedule Express features a secure, distributed network with real-time encryption for high reliability and scalability crucial to a law enforcement agency such as the Office of the Sheriff. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4436,Version:1 The Department is seeking retroactive approval due to internal delays with contract review and approval; however, the contractor has continued to provide services in good faith. The Terms of Service include a limitation of liability and indemnification from the County to the contractor. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the Office of the Sheriff will not be able to schedule and manage the Dispatch work staff and control workflow, which will impact the ability to provide the personnel needed to ensure public safety effectively. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4437 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of Sheriff-Coroner, a purchase order with United Parcel Service of America, Inc., in an amount not to exceed $25,000, and ACCEPT the Terms and Conditions for shipping and delivery services for the period October 1, 2025 through September 30, 2028. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:United Parcel Service of America, Inc. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of Sheriff-Coroner, a blanket purchase order with United Parcel Service of America, Inc., in an amount not to exceed $25,000, and ACCEPT the Terms and Conditions for shipping and delivery services for the period October 1, 2025 through September 30, 2028. FISCAL IMPACT: Approval of this request will result in up to $25,000 in contractual service expenditures and will be funded 100% by the General Fund. BACKGROUND: The Contra Costa County Office of the Sheriff often uses the shipping and delivery services offered by United Parcel Service of America, Inc. (UPS). UPS offers reliable and efficient shipping, delivery and logistical support services for the transportation of documents and materials. Their delivery options include ground, air and international shipping, with tracking support. The Terms and Conditions include a limitation of liability and indemnification from the County to the Contractor. CONSEQUENCE OF NEGATIVE ACTION: CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2 powered by Legistar™ File #:25-4437,Version:1 If the Board does not approve, the Office of the Sheriff will not be able to use UPS’s efficient shipping and delivery service. CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2 powered by Legistar™ 1025 ESCOBAR STREET MARTINEZ, CA 94553CONTRA COSTA COUNTY Legislation Details (With Text) File #: Version:125-4438 Name: Status:Type:Consent Item Passed File created:In control:10/9/2025 BOARD OF SUPERVISORS On agenda:Final action:10/21/2025 10/21/2025 Title:APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Lexipol LLC, in an amount not to exceed $90,000 for the Field Training web-based software, for the period October 1, 2025 through September 30, 2028. (100% General Fund) Attachments: Action ByDate Action ResultVer.Tally approvedBOARD OF SUPERVISORS10/21/2025 1 Pass To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Report Title:Lexipol LLC ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS: APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Lexipol LLC, in an amount not to exceed $90,000 for the Field Training web-based software, for the period October 1, 2025 through September 30, 2028. FISCAL IMPACT: Approval of this request will result in up to $90,000 in contractual service expenditures over a 3-year period and will be funded 100% by the General Fund. BACKGROUND: Lexipol LLC’s Field Training is a web-based software modeled after the San Jose Field Training Officer (FTO) system that allows agencies to monitor probationary and field training performance. It offers customizable documentation, daily observation reports, automated workflows, and program tracking across Patrol, Corrections, Dispatch, and other divisions. With Field Training, agencies can identify and mitigate risk, reduce costs and inefficiencies, and optimize performance. The Master Service Agreement includes a limitation of liability. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve, the Office of the Sheriff will not be able to use the Field Training software that will allow for the monitoring of field training performance. CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 1 powered by Legistar™