Loading...
HomeMy WebLinkAboutMINUTES - 09091997 - C138 RESOLUTION NO. 97/455 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CALIFORNIA RESOLUTION RATIFYING DELIVERY OF COUNTY OF CONTRA COSTA CERTIFICATES OF PARTICIPATION (CAPITAL PROJECTS PROGRAM), SERIES OF 1997; RATIFYING EXECUTION OF A TRUST AGREEMENT, A SITE LEASE (CAPITAL PROJECTS PROGRAM), A FACILITY LEASE (CAPITAL PROJECTS PROGRAM), A 1991 CERTIFICATES LETTER OF INSTRUCTIONS, A CONTINUING DISCLOSURE AGREEMENT AND AN OFFICIAL STATEMENT; RATIFYING AND CONFIRMING THE CONTRACT OF PURCHASE; APPROVING THE BASE RENTAL UNDER SAID FACILITY LEASE; RATIFYING ELECTION TO GUARANTEE RENTAL PAYMENTS WITH MOTOR VEHICLE LICENSE FEES; AND APPROVING ALL ACTIONS TAKEN IN CONNECTION THEREOF. WHEREAS, this Board of Supervisors by resolution no. 97/404 adopted August 5, 1997, has heretofore authorized the sale of County of Contra Costa Certificates of Participation (Capital Projects Program), Series of 1997 (the "1997 Certificates") for the purpose of refunding certain outstanding Certificates of Participation (1991 County Buildings Acquisition Project) (herein called the "Prior Certificates"), which were issued to finance the acquisition and renovation of certain county administration facilities, and financing the acquisition of certain additional capital improvements, together with site development, equipment and improvements (the "Project"); WHEREAS, there has been presented to this meeting a report of the sale and delivery of the 1997 Certificates; WHEREAS, this Board desires to ratify and confirm the sale of the 1997 Certificates and the execution of the following documents: 1. Trust Agreement, dated as of August 1, 1997, by and among First Trust of California, National Association, as trustee (the "Trustee"), the County of Contra Costa Public Financing Authority (the "Authority") and the County (the "Trust Agreement"); 2. Site Lease (Capital Projects Program), dated as of August 1, 1997, by and between the County and the Authority (the "Site Lease"); 3. Facility Lease (Capital Projects Program), dated as of August 1, 1997, by and between the Authority and the County (the "Facility Lease"); SF2-78978.1 4. Letter of Instructions regarding 1991 Certificates, dated as of August 1, 1997, from the Authority and the County to the Trustee (the "Letter of Instructions"); 5. Continuing Disclosure Agreement, dated the date of execution and delivery of the 1997 Certificates, by and between the County, the Trustee and U.S. Trust Company of California, N.A., as dissemination agent (the "Continuing Disclosure Agreement); 6. Official Statement relating to the 1997 Certificates (the "Official Statement"); and 7. Purchase Contract, dated August 21, 1997, by and among the Authority, the County and PaineWebber Incorporated, as representative of the underwriters (the "Purchase Contract"). WHEREAS, the Board of Supervisors of the County has been presented with each document referred to herein, and this Board has examined and approved each document and desires to ratify the execution and delivery of not to exceed $34,910,000 aggregate principal amount of the 1997 Certificates and the execution of such documents and the consummation of such financing; and WHEREAS, the County has full legal right, power and authority under the Constitution and the laws of the State of California to enter into the transactions described herein; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. All of the recitals herein are true and correct and this Board so finds. Section 2. The execution and delivery of the 1997 Certificates and the terms of the 1997 Certificates as set forth in the Trust Agreement are hereby ratified and confirmed. Section 3. The execution and delivery of the Trust Agreement, the Site Lease, the Facility Lease, the Letter of Instructions, the Continuing Disclosure Agreement and the Purchase Agreement is hereby ratified and confirmed. Section 4. The Official Statement describing the 1997 Certificates and the execution and delivery thereof is hereby ratified and confirmed. Section 5. The schedule of base rental payments set forth in Exhibit B of the Facility Lease is approved and is hereby determined to be the schedule of base rental payments to be paid pursuant to the Facility Lease. sFza8978.1 2 r Section 6. The Board hereby ratifies its election, pursuant to Government Code Section 25350.55, to guarantee rental payments to be made by the County under the Facility Lease and authorizes and directs the County Administrator or his designee to notify the Controller of the State of California of such election. Section 7. All actions heretofore taken by the officers and agents of the County with respect to the sale, execution and delivery of the 1997 Certificates are hereby ratified and confirmed. Section 8. This Resolution shall take effect from and after its adoption. PASSED AND ADOPTED this 9th day of September, 1997. Chairman of the Board of Supervisors �j_ County of Contra Costa, California [Seal] ATTEST: Philip J. Batchelor, Clerk of the Board of Supervisors and County Administrator By Depu Clerk of the Board of Supervisors of the County of Contra Costa, State of California sFna8978.1 3 r ` CLERK'S CERTIFICATE I,J.O.Maglio , Deputy Clerk and Chief Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Supervisors of said County duly and regularly held at the regular meeting place thereof on the 9th day of September, 1997, of which meeting all of the members of said Board of Supervisors had due notice and at which a majority thereof were present; and at said meeting said resolution was adopted by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Gabeiamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None An agenda of said meeting was posted at least 72 hours before said meeting at 651 Pine S t. , Martinez, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office; the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand and the seal of the County of Contra Costa this 9thday of September, 1997. Deputy a6k of the Board of Supervisors of the County of Contra Costa, State of California [Seal] sF2-78978.1 AFFIDAVIT OF POSTING OF AGENDA STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) C.S.Turner hereby declares that [s]he is a citizen of the United States of America, over the age of 18 years; that acting for the Board of Supervisors of the County of Contra Costa [s]he posted on September 4 , 1997, at 651 Pine Street , Martinez, California, a location freely accessible to members of the public, an agenda for the regular meeting of the Board of Supervisors of Contra Costa County to be held on September 9, 1997, a copy of which is attached hereto. Dated: September9 , 1997. 1 declare under penalty of perjury that the foregoing is true and correct. (i SF2-78978.1 i Contra Costa County T1 UN FIRST CLASS MAIL i CLERK OF THE BOARD OF SUPERVISORS 651 PINE ST., RM. 106 MARTINEZ, CA 94553-1293 1 Agenda for SEPTEMBER 9, 1997 } f f GENERAL INFORMATION 1f is in all' cies pursuant to Ordinance Code Section 24-2.402 including as the!cousin The Board meets a its eapac b p g g Authority and the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt i Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken,. the hearing is closed and the matter is subject to discussion and action by the Board. Requests for reconsideration of a land use(planning)decision must be submitted in writing to the Clerk of the Board of Supervisors within 10 days of the Board's decision,and must identify the new information which was not before the Board of Supervisors when the decision was made. The County will provide reasonable accommodations for disabled individuals planning to attend Board meetings who contact the Clerk of the Board at(510)335-1900;TDD(510)335-1915. An assistive listening device is available from the Clerk,Room 106. Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board,(510)335-1900,to make the necessary arrangements. i Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street,Martinez,California. ? 'a The Family and Human Services Committee(Supervisors M. DeSaulnier and D. Gerber)-meets on the second and fourth Mondays of the month at 9:00 A.M.in the Private Industry Council Conference Room,2425 Bisso Lane,Concord. The Finance Committee(Supervisors J.Canciamilla and G.B.Uilkema)-meets on the first and third Mondays r of the month at 9:00 A.M.in the 10th Floor Conference Room, County Administration Building,651 Pine Street, Martinez. The Internal Operations Committee(Supervisors J.Rogers and D.Gerber)-meets on the third Tuesday of the month at 8:30 A.M.in Room 105,County Administration Building,651 Pine Street,Martinez. The Transportation Committee (Supervisors D. Gerber and J. Canciamilla)- .meets on the first and third Monday of each month at 10:30 A.M.in Room, 108,County Administration building,651 Pine Street,Martinez. Please contact the Community Development Department at 335-1240 to confirm date,time and place. The Water Committee(Supervisors G. B. Uilkema and J. Canciamilla)-meets on the first Monday of each month at 1:30 P.M.in Room 105,County Administration Buiiding,.651 Pine Street,Martinez.Please contact the Community Development Department at 335-1290 to confirm date,time and place. ADJOURNMENT: The Board adjourns today's meeting to the Committee meeting(s)as noted: (See above for time and place of meetings) t- Finance Committee 09-15-1997 9:00 A.M. See above Internal Operations Committee 09-16-1997 9:00 A.M. See above Transportation Committee 09-15-1997 10:30 A.M. See above a .......... i, PERSONS WHO WISH TO ADDRESS THE BOARD MAY BE LIMITED TO THREE(3)MINUTES. AGENDA DEADLINE: Thursday,12 noon,12 days before the Tuesday Board meetings. e t i (09-09-1997) it _ JIM ROGERSCALENDAR FOR THE BOARD OF SUPERVISORS MARK DOSAULNIER 1st DISTRICT CONTRA COSTA COUNTY CHAIR GAYLE B.UILKEMA 2nd DISTRICT AND FOR DONNA GERBER SPECIAL DISTRICTS,AGENCIES,AND PHIL BATCHELOR 3rd DISTRICT AUTHORITIES GOVERNED BY THE BOARD CLERK OF THE BOARD MARK DeSAULNIER AND 4th DISYRICT BOARD CHAMBERS ROOM 107.ADMINISTRATION BUILDING,651 PINE STREET COUNTY ADMINISTRATOR f JOE CANCIAMILLA MARTINEZ,CALIFORNIA 94553-1229 (510)335-1900 5th DISTRICT TUESDAY SEPTEMBER 9,1997 9:00 A.M. Convene and announce adjournment to Closed Session,Room 105. i 10:00 A.M. Call to order and opening ceremonies. Inspirational Thought-"The future belongs to those who believe in the beauty of their dreams." Eleanor Roosevelt CONSIDER CONSENT ITEMS (Pages 4- 16) - Items removed from this section will be considered with the Short Discussion Items. ,I 10:05 A.M. y' PRESENTATIONS P.1 PRESENTATION of a proclamation declaring the week of September 8-14, 1997,as"Adult Literacy Awareness Week" in Contra Costa County, as recommended by the,County Librarian. P.2 PRESENTATION of a proclamation declaring the week of September 8- 12, 1997,as"Back to Transit Week" in Contra Costa County, as recommended by the Regional Transit Coordinating Council. 10:25 A.M. P.3 PRESENTATION of certificates recognizing the work of the Homeless Advisory Committee, r as recommended by Supervisor DeSaulnier. P.4 PRESENTATION recognizing Tun Hernandez,Heather Ta gni2a g z, ekman,and Sue Taekman for their participation in the Healing Journey from East Los Angeles to Richmond in honor of West i County youth who have died from violence,and to publicize and build support for violence } prevention programs for young people,as recommended by Supervisor Rogers. 10:45 A.M. SHORT DISCUSSION ITEMS-The.Board will consider and take action on the following ; items: SD.I CONSIDER any Consent Items previously removed. 4i j! SD-2 HEARING on annual street lighting charges for Minor Subdivision 12-96 (Walnut Creek !' area)and annexation of subdivision to County Service Area L-100; TABULATE mailed-in ballots; DETERMINE whether a majority protest exists; and CONSIDER adoption of i resolution determining charges, confirming final report, approving annexation, and levying charges on tax roll. ;I f i; 1 (09-09-1997) i i� I t f: SHORT DISCUSSION ITEMS-Continued 11:05 A.M. SD.3 DELETED SDA CONSIDER adopting a resolution to participate in the Association of Bay Area Government's (ABAG) Joint Exercise of Powers Agreement (JPA) creating the ABAG Publicly Owned Energy Resources and the Electric Aggregation Program, SD.5 CONSIDER report from the Director of the Growth Management and Economic Development Agency(GMEDA)regarding the notice on Congestion Management Agency costs. SD.6 CONSIDER authorizing submission of the Consolidated Plan Annual Performance Report for FY 1996-97 to the U. S. Department of Housing&Urban Development and authorizing the Chair,Board of Supervisors,to execute the transmittal document. i 11:50 A.M. DELIBERATION ITEMS -The Board will consider and take action on the following items: +I D.1 CONSIDER report from the County Treasurer-Tax Collector on departmental performance. `j 12:00 P.M. N! Closed Session t 2:00 P.M. DELIBERATION ITEMS - The Board will consider and take action.on the following items: §i D.2. PUBLIC COMMENT. (3 Minutes/Speaker) D.3 HEARING on an Administrative Appeal of Communities For a Better Environment from the j decision of the Zoning Administrator regarding Tosco's compliance with Land Use Permit No.2038-93,Condition 79,Rodeo area. DA HEARING on an Administrative Appeal of Communities For a Better Environment from the decision of the Zoning Administrator regarding Tosco's compliance with Land Use Permit No.2038-93,Condition 75,Rodeo area. 2:30 P.M. f' r D.5 HEARING on the appeal of Save Mount Diablo(Appellant)from the decision of the Contra Costa County Planning Commission on the application by Chevron(Applicant)and the State of California(Owner)for approval to continue.the use of an existing communications facility on the north peak of Mount Diablo.(County File LUP 2015-97) ) 2:45 P.M. D.6 HEARING on the recommendation of the San Ramon Valley Planning Commission on the request of Robert and Joanne Raymond (Applicants and Owners) for approval to rezone approximately 2.9 acres from General Agricultural(A-2)to Single Family Residential(R-65) (County File RZ 3044-96),Alamo area.(Continued from August 5, 1997) 2 (09-09-1997) a �a DELIBERATION ITEMS-Continued 3:30 P.M. D.7 HEARING on the recommendation of the Contra Costa County Planning Commission on the minor subdivision application of Charles M. Farr (Applicant and Owner) for a vesting tentative map approval to subdivide 72.3 acres into three parcels. (County File MS 141-90), San Ramon/Bollinger Canyon area. (Continued from August 5, 1997) i i i "s i .y i 3 (09-09-1997)' f I CONSENT ITEMS (Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public). Road and Transportation C.1 APPROVE and AUTHORIZE the Chair,Board of Supervisors, to sign a Joint Exercise of 1 Powers Agreement for reconstruction of L Street, Antioch area. (Funding: The City of Antioch, Measure C Return to Source Funds, Road Funds, and Surface Transportation Projects Funds) ] ,J C.2 ADOPT Resolution of Intention to sell surplus real property on Tice Valley Boulevard and ;± DETERMINE the project is exempt.from CEQA as a Class 12 Categorical Exemption, Walnut Creek area.[CDD-CP 97-55] i C.3 APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute a Joint Exercise of z Powers Agreement with the City of Walnut Creek for the overlay of Vanderslice Avenue between Milton Avenue and Kayser Court,Walnut Creek area. CA APPROVE project contingency fund increase of$1,000 for the Shell Avenue frontage project, Martinez area. (Funding: Shell Oil Company 100%) Engineering Services t 1 C.5 Subdivision 7777:ACCEPT Completion of Improvetnents for subdivision being developed by Trident Associates Ltd.,Alamo area. C.6 Subdivision 7679: APPROVE the Third Extension of Subdivision Agreement for subdivision being developed by Centrex Homes,Discovery Bay area. C.7 Subdivision 7649: AUTHORIZE the Public Works Director to arrange for Completion of Improvements, and AUTHORIZE County Counsel to secure funds for Completion of Improvements for subdivision being developed by the DeSilva Group,Danville area. C.8 Subdivision 7613: ACCEPT Completion of Improvements and DECLARE certain roads as County roads for subdivision being developed by Braddock and Logan Group,L.P.,Danville j area. C.9 Subdivision 7320: ACCEPT Offer of Dedication for drainage purposes for subdivision being developed by Conco Cement Company,Concord area. t t C.10 Subdivision 7320: ACCEPT Completion of Off Site Drainage Improvements and d AUTHORIZE the Public Works Director to Release Cash Deposit for Faithful Performance to the Public Works Department to defray costs for subdivision being developed by Conco Cement Company,Concord area. f C.11 Subdivision 7003:APPROVE the Final Map,Subdivision Agreement,Landscape Subdivision Agreement, and Masonry Wall Subdivision Agreement for subdivision being developed by West Coast Home Builders,Inc.,Oakley area. t C.12 MS 68-90: ACCEPT Subdivision Agreement and AUTHORIZE the Chair, Board of Supervisors, to execute a quitclaim deed for minor subdivision being developed by Jeffery J. and Sara L.Tamayo,Brentwood area. ) 4 (09-09-1997) '1 1 i Engineering Services-Continued C.13 MS 40-85: ACCEPT Completion of Warranty Period and AUTHORIZE the Public Works Director to Release Cash Deposit for Faithful Performance to the Public Works Department to defray costs for minor subdivision 40-85 being developed by David Kemmel,Lafayette area. Special Districts&County Airports C.14 AUTHORIZE the County Purchasing Services Officer to sign an agreement with Andrew H. Young for managerial services in County Service Area R-7A for the Public Works Department,Alamo area. C.15 APPROVE the Easy Street Curb Project, DETERMINE that the project is a California Environmental Quality Act (CEQA) Class IC Categorical Exemption, and DIRECT the Public Works Director to prepare contract plans and specifications for construction, Alamo area. [CDD-CP#97-64] (Funding: 100%R-7A funds) { C.16 ADOPT resolution declaring there is a construction fund surplus in the Kensington Road Improvement Assessment District AD 1991-1 and AUTHORIZE the County Auditor- j Controller to distribute the construction surplus as credit upon the assessment levied in said Assessment District,Kensington area. C.17 ACCEPT Grant of Easement from Walnut Creek Mutual No. 58 for the Rossmoor Detention k. Basin,Drainage Area 67,Walnut Creek area. C.18 APPROVE sale of surplus Flood Control District property located at the end of Briarwood Way for$430,000 and AUTHORIZE the Chair,Board of Supervisors,to execute an Option to Purchase Agreement and Grant Deed with DeNova Homes,Walnut Creek area. C.19 APPROVE.the assignment of the ground lease between Contra Costa County and Catherine M. and Theodore H. Kruttschnitt III as assignors, to Servico Concord, Inc., a California Corporation,as assignee,for the premises better known as the Sheraton Concord Hotel at the Buchanan Field Airport, and AUTHORIZE the Public Works Director to EXECUTE all documents related to such assignment,.Concord area. } Statutory Actions C.20 APPROVE minutes for the month of August 1997. I C.21 DECLARE certain ordinances duly published.. , Claims Collections&Litigation C.22 DENY claims of L.Desch;L. Desch;T. Desch;A. Devor;J. and D.Fellows;E.Lozano;S. Marquis;D. Matteri;W. Piper; K. Rhoad; State Farm Insurance Companies; R. Tavake; V. Tavake;A.Watson,and H.Wills(aka J.Simms). Hearing Dates i C,23 ADOPT resolution accepting the Engineer's Report for street lighting charges; FIX October 28, 1997,at 10:45 a.m.for public hearing;and DIRECT the Public Works Director to mail ballots to parcel owners of DP 3007-96 in compliance with Proposition 218,Oakley area. C.24 ADOPT resolution accepting the Engineer's Report for landscaping charges; FIX October 28, 1997,at 11 a.m.for public hearing;and DIRECT the Public Works Director to mail ballots to parcel owners of Subdivision 7903 in compliance with Proposition 218,North Richmond area. 5 (09-09-1997) 4 FearingDates-Continued C.25 ADOPT the Engineer's Report for street lighting charges;FIX October 28, 1997, at J L a.m. 1 for public hearing;and DIRECT the Public Works Director to mail ballots to parcel owners of Minor Subdivision 3-96 in compliance with Proposition 218,El Sobrante area. i f C.26 ADOPT the Engineer's Report for street lighting charges;FIX October 28, 1997, at I1 a.m. for public hearing;and DIRECT the Public Works Director to mail ballots to parcel owners of Subdivision 7903 in compliance with Proposition 218,North Richmond area. Honors&Proclamations A C.27 ADOPT resolution honoring the Doctors Medical Center's First Annual Living Well Community Health and Safety Fair,as recommended by Supervisor Uilkema. C.28 DECLARE the week of September 15, 1997, as"National Payroll Week" in Contra Costa " County,as recommended by the County Auditor-Controller. ' C.29 ADOPT resolution recognizing Bradley Steven Evans on the attainment of the rank of Eagle Scout,as recommended by Supervisor Canciamilla. Ordinances i C.30 ADOPT ordinance(introduced August 12, 1997)amending Ordinance Section 416-4.604 to provide that abandonment of an animal is punishable as a misdemeanor. Appointments&Resignations i3 J C.31 ACCEPT the resignation of Gloria Drayton from a Member-at-Large seat on the Advisory Council on Aging and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy. { C.32 ACCEPT the resignation of Jennifer Steneberg from the Member-at-Large Seat No. 9 on the Women's Advisory Committee and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy. C.33 APPROVE medical staff appointments and reappointments, as recommended by the Medical Executive Comtnittee on August 18, 1997. C.34 ACCEPT resignation of Beth A. Grimm as Public Adviser under the Better Government Ordinance and DESIGNATE Iris Mitgang as the Public Adviser. C.3S REAPPOINT SanDria Cheney and Venicia Givens as representatives and Vernita Givens as Adult Volunteer for District I to the Countywide Youth Commission, as recommended by Supervisor Rogers. s C.36 APPOINT Sylvia L.Pena to the District I vacancy on the Contra Costa County Mental Health Commission,as recommended by Supervisor Rogers. E' C.37 ACCEPT resignations of Misha Alexeeff and Randi Cohen from the Countywide Youth Commission and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancies,as recommended by Supervisor DeSaulnier. fi C.38 ACCEPT resignation of Carol Delacruz from the Bay Point Municipal Advisory Council (MAC) and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy,as recommended by Supervisor Canciamilla. ! 3 6 (09-09-1997) Appointments&Resignations-Continued C.39 APPROVE the appointments of Unincorporated Representatives to the Library Regional Board,as recommended by Board of Supervisors'Members. C.40 APPOINT Robert Donohoe,Julie Kefer, and Pallavi Parthasarathy to the Countywide Youth Commission,as recommended by Supervisor DeSaulnier. C.41 ACCEPT resignation of Preeti Tomar from the Countywide Youth Commission and Direct the Clerk of the Board to apply the Board's policy for filling the vacancy,as recommended by Supervisor DeSaulnier. C.42 APPOINT Ray Horst to the Pacheco Municipal Advisory Council(PMAC),as recommended by Supervisor DeSaulnier. C.43 APPOINT Paul J. Schulze to the Alternate Seat for Crockett on the Western Contra Costa Transit Authority Board of Directors;as recommended by Supervisor Uilkema. C.44 REAPPOINT Cynthia Collins Erickson to the Citizens Advisory Committee for County Service Area R-10,as recommended by Supervisor Uilkema. C.45 REAPPOINT John V. Starks to the Countywide Youth Commission, as recommended by Supervisor Uilkema. 4i C.46 REAPPOINT Brenda Duenas,Art Chomor,George Delacruz,Charles Gibson,Debra Mason, and Sterling Stevenson and APPOINT Cassandra Allen-Walker to the Bay Point Project Area Redevelopment,as recommended by Supervisor Canciamilla. C.47 APPOINT Mark DeSaulnier and Donna Gerber as Board of Supervisors members and Mark Wille, M.D.,and Krista Farey,M.D.,as physician members to the Contra Costa Health Plan Joint Conference Committee; SCHEDULE regular meetings to be held at least quarterly on the second Tuesday of the month, and SCHEDULE the first meeting for Tuesday, September 16, 1997. C.48 ACCEPT resignation of Elizabeth Davis from the Contra Costa Mosquito and Vector District, DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, and REFER the vacancy to the Internal Operations Committee. C.49 ACCEPT resignation of Evelyn Rinzler from the Managed Care Commission, DIRECT the ! f' Clerk of the Board to apply the Board's policy for filling the vacancy, and REFER the f vacancy to the Internal Operations Committee. C.50 DECLARE vacancy on the Aviation Advisory Committee due to the death of committee member G.Clifford Leschinsky,DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy,and REFER the vacancy to the Internal Operations Committee. C.51 MOVE Duane H. (Bud) Burlison to the Alternate Seat on the Crockett-Carquinez Fire Protection District's Fire Advisory Commission,as recommended by Supervisor Uilkema. C.52 REAPPOINT Fred Maria to the Crockett-Carquinez Fire Protection District's Fire Advisory Commission,as recommended by Supervisor Uilkema. 7 (09-09-1997) Appropriation Adjustments -1997-1998 FY s C.53 Sheriff (0255)S:eneral Services (0111): AUTHORIZE increased appropriations, revenues, and transfers in the amount of$2,230,300 for equipment and furnishing and related items associated with the Sheriff's Emergency Communication Center remodel and upgrade from federal,restricted,and city revenue. 4 Legislation Bill No Subject Position C.54 SB431(Lee) Excludes the County library from having to CO-SPONSOR contribute property taxes to the Educational Revenue Augmentation Fund. C.55 SUPPORT the efforts of the City of San Pablo to seek legislation clarifying the Legislature's intention regarding the meaning of a statute having to do with fees which can be charged by 1 card clubs,as recommended by Supervisor Rogers. Personnel Actions 1 C.56 ADOPT resolution fixing the employer's contribution for eligible members enrolled in the 5 CaIPERS health plans for the period January 1, 1998,through December 31, 1998. C.57 ADD one Branch Librarian position and one Library Assistant-Journey Level position in the Pittsburg Branch of the Library. (Revenue Offset) C.58 RECLASSIFY one Clerk-Experienced Level position to Library Assistant-Advanced Level in the Library. (Budgeted) C.59 CANCEL the class of Elections Precinct Coordinator, ESTABLISH the class of Precinct ; Coordinator, and RECLASSIFY one Elections Technician position to the new class in the Clerk-Recorder's Office. (Budgeted) C.60 INCREASE the hours of one vacant Fire Prevention Specialist position from 20/40 to 32/40 and CHANGE the hours of one Fire Prevention Specialist position from 20/40 to permanent intermittent in the Contra Costa Fire Prevention District. (No Cost Increase) C.61 RETITLE the class of Senior Firefighter to Fire Engineer in the Contra Costa Fire Protection District. 1, C.62 APPROVE Memorandum of Understanding with SEN Local 535 Service Line Supervisors I Unit adopting salary and benefit adjustments for the period October 1, 1995, through September 30, 1999. In the opinion of the County Administrator,salary and benefit increases resulting from this action will have no material financial impact on the funding status of the County Employees'Retirement System. C.63 APPROVE Memorandum of Understanding with-SEN Local 535 Rank&File Unit adopting salary and benefit adjustments for the period October 1, 1995,through September 30, 1999. In the opinion of the County Administrator, salary and benefit increases resulting from this action will have no material financial impact on the funding status of the County Employees' 411 Retirement System. C.64 ADD one Family Support Collections Supervisor position in the District Attorney's Office. (Federal Funds) 8 (09-09-1997) Personnel Actions-Continued C.65 AMEND resolutions establishing pay for additional administrative responsibilities for certain management classes. C.66 ADD one 40/40 Data Entry Operator I position in the Health Services Department. (State Grants) C.67 ADD one 40/40 Health Services Planner/Evaluator Level A position and CANCEL one Health Education Specialist position in the Health Services Department.(No Fiscal Impact) C.68 INCREASE the hours of Mental Health Clinical Specialist (two positions) from 24/40 to 30/40 and CANCEL one Clinical Psychologist 12/40 position in the Health Services Department.(Cost Savings) C.69 ADD two 00/40 Developmental Program Aide positions in the Health Services Department. (No Salary Costs) C.70 INCREASE the hours of one Clerk-Experienced Level position from 20/40 to 32/40 in the Health Services Department. (Reduction of Overtime Costs) C.71 INCREASE the hours of one Clerk-Experienced Level position from 20/40 to 40/40 in the Health Services Department.(Reduction of Overtime Costs) C.72 ADD one 40/40 Physical Therapist I position and CANCEL one 40/40 Occupational Therapist I position in the Health Services Department.(Cost Offset) C.73 INCREASE the hours of one Mental Health Specialist I position from 20/40 to 32/40 in the Health Services Department.(Reduction of Overtime Costs) C.74 INCREASE the hours of one Clinical Psychologist position from 20/40 to 24/40 and DECREASE the hours of one Mental Health Clinical Specialist from 24/20 to 20/40 in the Health Services Department.(Cost Offset) C.75 ADD two 20/40,two 28/40,two 32/40 and ten 40/40.Clerk-Experienced Level positions in the Health Services Department.(Elimination of Temporary Salaries) C.76 REALLOCATE the salary of Small Business Development Center Director-Exempt on the salary schedule in the Private Industry Council. (State Grant) C.77 DECREASE the hours of one Cook position from 40/40 to 24/40 and ADD one permanent intermittent Cook position in the Health Services Department.(Offset) C.78 REALLOCATE the salary of Ambulatory Care Administrator on the salary schedule in the, Health Services Department.(Funds from EH 1-Federally Qualified Health Care) C.79 ESTABLISH the class of Public Health EpidemiologistBiostatistician and ADD one 40/40 position in the Health Services Department.(State and Federal Funds) C.80 ADD one 40/40 Assistant Building Maintenance Manager position and CANCEL one Assistant Fleet Manager position in the General Services Department. (Budgeted) C.81 ADOPT resolution authorizing pay for performance and the reallocation of classes on the salary schedule in the Human Resources Department. C.82 ADD one Grounds Resource Center Attendant position and CANCEL one Work Program Crew Leader I-Project position in the General Services Department. (No County funds) 9 (09-09-1997) s Personnel Actions-Continued C.83 REALLOCATE one Electrical Inspector person and position to Senior Building Inspector and CANCEL the class of Electrical Inspector in the Building Inspection Department. (No Cost +� Impact) C.84 ADD one 40140 Storeroom Clerk position and CANCEL one 40140 Window Washer position in the General Services Department. (Cost Savings) 4 C.85 ADD one Clerk-Beginning Level position in the County Administrator's Division of the Clerk ? of the Board. (Budgeted) r C.86 CANCEL one vacant Secretary-Advanced Level position and ADD one Executive Secretary position in the County Administrator's Division of the Department of Information Technology. (Budgeted) C.87 ADOPT resolution making the provisions of Government Code Section 31485.7 applicable in 4i Contra Costa County,thereby allowing the purchase of retirement service credits up to 120 days following the effective date of retirement. y Grants&Contracts 1' APPROVE and authorize execution of agreements between the County and following agencies for receipt of funds and/or services: t 1 C.88 APPROVE and AUTHORIZE the Health Services Director to execute a standard agreement and to sign the Statement of Compliance and Drug-Free Workplace Certification with the ° California Department of Education to provide a maximum reimbursable amount of$8,360 for the Summer Food Program through September 30,1997. (No County Match) l C.89 APPROVE and AUTHORIZE the 1997-98 County Plan for Refugee Services and AUTHORIZE the Social Service Director,or designee,to accept Federal Refugee Program funding and execute a State agreement in the amount of$99,109 for Refugee Employment Social Services for the period October 1, 1997,through September 30, 1998;AUTHORIZE the Social Service Director,or designee,to execute amendments to the County Plan on the condition that no general funds are required;and AUTHORIZE the Social Services Director, or designee,to enter into continuing contracts with the following: (No County Match) Contractor Service Amount j CCC Office of Employment Services(Central/East Region) $39,140 ;a Education(ROP) RCA Case Management 3,985 Supportive Services 1,788 Lao Family Employment Services(West Region) $39,240 r Community County $14,866 Administration Fees i C.90 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract amendment with the State Department of Health Services to update the capitation rates for Fiscal Year 1997-98 and to exclude a specific list of Anti-Psychotic and HIWAIDS drugs (, which will be reimbursed through the Medi-Cal Fee-For-Service Program with no change in 1 the maximum payable amount, C.91 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with State Department of Health Services(Immunization Assistance Branch)in the amount of $357,000 for the Immunization Registry Project through June 30, 1998. ) 10 (09-09-1997) ` { Grants&Contracts-Continued C.92 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit an application and execute a contract with the U. S. Environmental Protection Agency in the amount of $25,000 for outreach and education for lead poisoning prevention through September 30,1998. (No County Match) C.93 APPROVE and AUTHORIZE the District Attorney to submit an application and execute a grant award with the State Office of Criminal Justice Planning in the amount of$150,000 for the funding of the Statutory Rape Vertical Prosecution Project for the period July 1, 1997, through June 30, 1998. (No County Match) C.94 APPROVE and AUTHORIZE the County Librarian to apply for and accept California State Library funding for Project Second Chance in the amount of$29,241 to fund tutor/learner coordination stafffor the period July 1, 1997,through June 30, 1998. C.95 APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute a contract with the California Department of Transportation in the amount of$29,250 for specific work activities j related to ground squirrel control for the period July 1, 1997,through June 30,2000. C.96 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a second amendment to the contract with the Contra Costa County Redevelopment Agency for the California Street Sidewalk Project in Rodeo. (See also(tem C.15 1) APPROVE and authorize execution of agreements between the County and following parties as noted for the purchase of equipment and/or services: i C.97 AUTHORIZE the Social Service Director, or designee, to renew a contract with Mary Kay Miller in the amount of$49,934 for continuing services as staff support for the Family and Children's Services Advisory Committee and the Family and Children's Trust Committee through June 30, 1998. (38%County Funds) C.98 APPROVE and AUTHORIZE the Director of General Services to execute a consulting services agreement with Fong& Chan Architects for architectural services for the Pittsburg Health Center Master Plan for the Health Services Department. (Continued from August 12, 1997) C.99 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with Ross Hospital for Medi-Cal Fee-For-Service acute psychiatric inpatient services through June 30,1998. (Federal Funds) C.100 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with Recovery Management Services,Inc., in the amount of$198,000 to provide Transitional Residential Program Services for the Conditional Release Program through June 30, 1998. (State Funds) C.101 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract amendment with Bi-Bett Corporation to increase the contract payment limit by $4,000 for proper reimbursement for residential treatment services for women at the East County Detoxification Center. (State and Federal Funds) C.102 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract amendment with Bi-Beit Corporation to increase the contract payment limit by$3,000 for proper reimbursement for residential treatment services for women at Ozanam Center. (State and Federal Funds) 11 (09-09-1997) I i i Grants&Contracts-Continued C.103 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with Home Care Connections in the amount of$12,500 to provide In-Home health care for physically disabled Seriously and Persistently Mentally III (SPMI) clients through December 31, 1997. (Mental Health Realignment) C.104 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with Leslie Zellers in the amount of$29,000 for provision of consultation and technical assistance with regard to the Lead Poisoning Prevention Project through August 15, 1998. (State/Federal/Foundation Funds) e C.105 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a mutual cancellation of the contract with Mary V. Rosas effective at the close of business October 10, 1997. C.106 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract amendment with Linda Nakell, Ph.D., to increase the contract payment limit by $3,684 to make the formal contract consistent with the negotiated agreement. (Enterprise I Budget; Third Party Revenues) C.107 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract ' amendment with Interim Physicians, Inc., dba Western Physicians Registry, to accurately # reflect the intent of the parties. i C.108 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with Mental Health Consumer Concerns in the amount of$28,518 for provision of mental health consumer support services for the Tender Loving Care Project through June 30, 1999. (Mental Health Realignment Trust Fund) C.109 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with Association for Retarded Citizens, Inc., in the amount of$50,000 to provide in-home, transition,and outpatient services for Medi-Cal eligible children and families enrolled in Lynn Center's Early and Periodic Screening, Diagnosis, and Treatment Program through June 30, 1998. (State and Federal Funds) C.110 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with United Council of Spanish Speaking Organizations, Inc., (UCSSO) in the amount of $139,212 for fixed route transportation and augmentation courier services through June 30, 1998 (Third Party Revenues) 0.111 APPROVE and AUTHORIZE the Health Services Director,or designee,to execute a contract with Wendy Eberhardt, M.D., in the amount of $61,080 to provide geriatric psychiatry services at the West County Older Adults Clinic through August 31, 1998. (Third Party Revenues) 1 C.112 ACCEPT notice from Laura Brown requesting mutual consent termination of her contract effective at the end of the workday on August 8, 1997. j CAD APPROVE and AUTHORIZE the Social Service Director,or designee,to execute a contract extension with Bob Clark for the continuation of the development and maintenance of PEGASYS PLUS with no increase in contract limit through February 28, 1998. CAN APPROVE and AUTHORIZE the Social Service Director,or designee,to execute a contract a with the Rape Crisis Center in the amount of$88,000 for joint operation and administration of the Contra Costa Multi Disciplinary Interview Center through June 30, 1998. (80%Office of Criminal Justice Planning Grant,15%State and Federal Funds;5%County) 12 (09-09-1997) i i l i Grants u Contracts-Continued C.115 APPROVE and AUTHORIZE the Social Service Director, or designee, to execute contracts with the Contra Costa Community College District at San Pablo and Los Medanos campuses in the amount of $30,000 each for Heritage Program Foster Parent training through June 30, 1998. (75%Federal, 17.5%State,7.5%County Funds) C.116 APPROVE and AUTHORIZE the Social Service Director, or designee, to execute three agreements with the Regents of the University of California(U. C. Davis Extension)in the total amount of$186,300 to provide on-site training in subject areas selected by the Social Service Department at County sites through June 30, 1998. (State and Federal Funds, University In-Kind Contribution) C.117 APPROVE and AUTHORIZE the Social Service Director,or designee,to execute a contract with F. M. Blake and Associates for re-determination of SSI eligibility of children in foster care on a contingency fee basis through June 30; 1998. C.118 APPROVE and AUTHORIZE the Social Service Director,or designee,to execute a contract extension with the Contra Costa Community College District in the amount of$81,000 for on- site training of SSD social work staff in computer literacy skills for implementation of the Child Welfare System/Case Management System through January 31, 1998. (50% Federal, 35%State, 15%County Funds) � f C.119 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute Interagency Agreements with the Antioch and Mt. Diablo Unified School'Districts for Head Start food services for the period September 8, 1997;through June 30, 1998. (Federal Funds) C.120 APPROVE and AUTHORIZE the.County Probation Officer to enter into two agreements with Del Norte County to reserve accommodations for the placement of two delinquent court wards in Del Norte:County's Bar-O Boys Ranch at a monthly rate of$1700 per ward and to permit the placement of additional delinquent court wards,if needed and available,at the Bar-O Boys Ranch at a monthly rate of$1850 per ward. (Budgeted) C.121 ADOPT resolution authorizing the Interim Community Development Director to execute a contract with Caltrans in the amount of$248,500 for I-680/State Route24 Transportation' Mitigation Program Funds and to take related actions to implement a transit incentive program that will reduce congestion on roads affected by the I-680/State Route 24 interchange reconstruction project. C.122 APPROVE and AUTHORIZE the Interim Community Development Director to execute contract amendments with Debra Sanderson for mitigation monitoring of the Shell, Tosco- Avon, and Tosco-Rodeo Refineries increasing the contract amount by $23,500 through June 30, 1998. C.123 APPROVE and AUTHORIZE the Deputy Director-Redevelopment,or designee,to execute a Community Development Block Grant (CDBG) Project Agreement with the Housing Authority of the County of Contra Costa to provide $125,000 in CDBG funds for rehabilitation of the Central'County Homeless Shelter. (Federal Funds) C.124 ACCEPT completed contract for reroofing Crockett Community Center, 850 Pomona Street, Crockett. C.125 APPROVE a consulting services agreement with Marcy Li Wong,Architect,with a payment limit of$119,450 for architectural services for remodeling and addition at 40 Glacier Drive, Martinez,for Sheriff Dispatch effective August 15, 1997. (Budgeted) 13 (09-09-1997) Grants&Contracts-Continued C.126 APPROVE and AUTHORIZE the Interim Community Development Director to execute a contract with Debra Sanderson in the amount of $20,000 for staff assistance on the Tassajara Valley General Plan Amendment through December 31, 1997. (Applicant Fees) `i C.127 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a grant Mi award amendment with the U. S. Department of Justice for an extension of the Safe Futures grant period from August 31, 1997, to September 30, 1997, and to execute contract G' amendments with the Youth Services Bureau, Opportunity West,National Council on Crime and Delinquency, and the U. C.Berkeley Institute for the Study of Social Change extending the contract periods from August 31, 1997,to September 30,1997. (Budgeted) C.128 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Hinderliter,de Llamas and Associates in the amount of$9,600 plus 15%of revenues for Sales Tax Monitoring and Information Services through June 30,2000. (Budgeted) i C.129 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a contract extension with James Giacoma in the amount of$50,000 for appraisal services for the period September 1, 1997,through August 31, 1998. (Property Tax Administration Funds) C.130 APPROVE and AUTHORIZE the Director of the Growth Management and Economic 1 Development Agency (GMEDA) to execute a contract amendmentwithJ. B. Fleming & Associates in the amount of $67,200 for contract employee .services for the period September 30,1997,through June,30,1998. C.131 APPROVE and AUTHORIZE the County Purchasing Services Manager to execute a third contract amendment with John Kopchik in the amount of$39,500 for additional contract employee services increasing the contract limit to$131,877 and extending the contract term through June 30,1998. Leases i C.132 AUTHORIZE the Director of General Services to execute a lease with Delta Community Services, Inc., for the premises at 724 Third Street, Brentwood, for continued use by the Agriculture and Probation Departments. C.133 AUTHORIZE the Director of General Services to execute a lease with Chevron,USA,Inc., 3 for a portion of the premises at 2003 Diamond Boulevard, Concord, for use by the Health Services Department. Other Actions a C.134 APPROVE the Health Plan Medical Care providers recommended by the Contra Costa Health Plan Quality Council on July 25,1997. C.135 AUTHORIZE the Chair, Board of Supervisors, to sign the Letter of Transmittal that will 2 accompany the FY 1996-97 Area Agency on Aging End of the Year Report. 1 C.136 AUTHORIZE the Health Services Director, or designee, to hold harmless and indemnify Delta Community Service Center,Brentwood,indefinitely for the use of their premises by the Public Health Division Immunization Assistance Program for administering flu vaccines to the public i j j a 14 (09-09-1997) ai Other Actions-Continued C.l 57 AUTHORIZE the County Clerk to consolidate the following with the November 4, 1997, General Election: A. Byron Sanitary District Board of Directors Election; B. Bethel Island Municipal Improvement District Election; i C. Oakley Union Elementary School District Board Member Election;and D. City of Antioch Special Tax Election. C.138 ADOPT resolution ratifying actions taken for the delivery and sale of the Certificates of Participation(Capital Projects Program)Series of 1997. C.139 AUTHORIZE the Health Services Director,or designee,to hold harmless and indemnify the West Contra Costa Unified School District for use the of Verde School on September 12, 1997,for a school health and literacy fair. C.140 ADOPT the 1997-98 Secured Property Tax Rates and AUTHORIZE the Levy of the 1997-98 Property Tax Roll,as recommended by the County Auditor-Controller. C.141 DETERMINE that there is a need to continue the emergency action regarding repair of the "Hill 310"Land Creep,Bay Point area. C.142 AUTHORIZE the Chair,Board of Supervisors,to execute letters to the City of Walnut Creek requesting their formal review and position regarding the widening of Treat Boulevard Eastbound from Cherry Lane to Bancroft Road and to the City of Pleasant Hill requesting 1 their formal review and position regarding realignment of the North Main Street/Oak Park 8 Boulevard intersection. C.143 AUTHORIZE the Chair,Board of Supervisors,to sign a Master Agreement for Collection of Special Taxes,Fees,Charges,and Assessments on behalf of all County Board of Supervisors governed taxing agencies,as recommended by the County Auditor-Controller. I C.144 AUTHORIZE the Chair,Board of Supervisors,as the Chair of the Board of Directors of the County governed Fire Protection Districts, to execute an updated Fire Service Mutual Aid Agreement between County Fire Districts and the non-County governed fire agencies in the County. C.145 DECLARE as surplus and AUTHORIZE the Purchasing Agent to dispose of equipment no longer required for County activities. C.146 ADOPT a procedure whereby the Board of Supervisors would no longer have to act on each request from a city to consolidate an election where the Board has already approved an ordinance from a city council requesting consolidation with either the direct primary election, general election,or school district election dates. C.147 DELEGATE Board functions under Public Contract Code Sections 4107 and 4110 to the Director of General Services,or designee,pursuant to Public Contract Code Section 4114. C.148 APPROVE relief of cash shortages totaling$5,751 in the Inmate Cash Fund,as recommended by the Auditor:Controller. C.149 SET ASIDE the decision of December 17, 1996,which approved Land Use Permit 2035-96 to establish a 728 square foot residence on a 4.39 acres parcel and READOPT actions taken with clarifications of Land Use Permit findings,as directed by the Superior Court. 15 (09-09-1997) Housing Authority C.150 ADOPT resolution approving submission of a funding application for Section r8 Rental Certificates under the Rental Assistance for Persons With Disabilities in Support of Designated Housing Allocation Plans. Redevelopment Agency C.151 APPROVE and AUTHORIZE the Deputy Director-Redevelopment, on behalf of the Redevelopment Agency,to execute a Second Amendment to the contract with Contra Costa County for the California Street Sidewalk Project in Rodeo. (See also Item C.96) Correspondence C.152 CLAIMS received on behalf of Great Western Bank, Union Bank of California, and Home Savings for refund of property taxes levied for Fiscal Year 1993-94. REFER TO TREASURER TAX-COLLECTOR,COUNTY COUNSEL,AND ASSESSOR Consent Items of Board Members-None y Information Items-None e} ,r x a j z s i 16 (09-09-1997) j a E TO: . . BOARD OF SUPERVISORSContra FROM: Costa Phil Batchelor x 4o County DATE: ��sTA'couK� c4 August 26, 1997 SUBJECT: 1997 Refunding Certificates of Participation SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommendations: Adopt resolution ratifying delivery of the Certificates of Participation (Capital Projects Program), Series of 1997, approving related documents and actions taken in connection with the issue. Financial Impact: Sale of the 1997 Certificates of Participation for the refunding of the prior 1991 issue has resulted in a straight cash flow savings of $3.3 million over the prior issue which equates to a net present value savings of $1.9 million over the term of the Certificates. Background: Sale of the 1997 Certificates was accomplished on August 20, 1997 at a very favorable time in a rapidly changing market. The issue was sized at $34,910,000 and was sold with a True Interest Cost of 5.32%. The prior issue that was refunded had a True Interest Cost of 6.76%. The issue was closed on September 4, 1997. The current resolution prepared by the Bond Counsel is a ratification of prior actions and of documents to provide additional public notice of the action and to allow for a report of the results of the sale to be given to the Board. CONTINUED ON ATTACHMENT: YES SIGNATURE: O a44 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ` /3e RESOLUTION NO. 97/455 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CALIFORNIA RESOLUTION RATIFYING DELIVERY OF COUNTY OF CONTRA COSTA CERTIFICATES OF PARTICIPATION (CAPITAL PROJECTS PROGRAM), SERIES OF 1997; RATIFYING EXECUTION OF A TRUST AGREEMENT, A SITE LEASE (CAPITAL PROJECTS PROGRAM), A FACILITY LEASE (CAPITAL PROJECTS PROGRAM), A 1991 CERTIFICATES LETTER OF INSTRUCTIONS, A CONTINUING DISCLOSURE AGREEMENT AND AN OFFICIAL STATEMENT; RATIFYING AND CONFIRMING THE CONTRACT OF PURCHASE; APPROVING THE BASE RENTAL UNDER SAID FACILITY LEASE; RATIFYING ELECTION TO GUARANTEE RENTAL PAYMENTS WITH MOTOR VEHICLE LICENSE FEES; AND APPROVING ALL ACTIONS TAKEN IN CONNECTION THEREOF. WHEREAS, this Board of Supervisors by resolution no. 97/404 adopted August 5, 1997, has heretofore authorized the sale of County of Contra Costa Certificates of Participation (Capital Projects Program), Series of 1997 (the "1997 Certificates") for the purpose of refunding certain outstanding Certificates of Participation (1991 County Buildings Acquisition Project) (herein called the "Prior Certificates"), which were issued to finance the acquisition and renovation of certain county administration facilities, and financing the acquisition of certain additional capital improvements, together with site development, equipment and improvements (the "Project"); WHEREAS, there has been presented to this meeting a report of the sale and delivery of the 1997 Certificates; WHEREAS, this Board desires to ratify and confirm the sale of the 1997 Certificates and the execution of the following documents: 1. Trust Agreement, dated as of August 1, 1997, by and among First Trust of California, National Association, as trustee (the "Trustee"), the County of Contra Costa Public Financing Authority (the "Authority") and the County (the "Trust Agreement"); 2. Site Lease (Capital Projects Program), dated as of August 1, 1997, by and between the County and the Authority (the "Site Lease"); 3. Facility Lease (Capital Projects Program), dated as of August 1, 1997, by and between the Authority and the County (the "Facility Lease"); sFzass7s.1 4. Letter of Instructions regarding 1991 Certificates, dated as of August 1, 1997, from the Authority and the County to the Trustee (the "Letter of Instructions"); 5. Continuing Disclosure Agreement, dated the date of execution and delivery of the 1997 Certificates, by and between the County, the Trustee and U.S. Trust Company of California, N.A., as dissemination agent (the "Continuing Disclosure Agreement); 6. Official Statement relating to the 1997 Certificates (the "Official Statement"); and 7. Purchase Contract, dated August 21, 1997, by and among the Authority, the County and PaineWebber Incorporated, as representative of the underwriters (the "Purchase Contract"). WHEREAS, the Board of Supervisors of the County has been presented with each document referred to herein, and this Board has examined and approved each document and desires to ratify the execution and delivery of not to exceed $34,910,000 aggregate principal amount of the 1997 Certificates and the execution of such documents and the consummation of such financing; and WHEREAS, the County has full legal right, power and authority under the Constitution and the laws of the State of California to enter into the transactions described herein; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. All of the recitals herein are true and correct and this Board so finds. Section 2. The execution and delivery of the 1997 Certificates and the terms of the 1997 Certificates as set forth in the Trust Agreement are hereby ratified and confirmed. Section 3. The execution and delivery of the Trust Agreement, the Site Lease, the Facility Lease, the Letter of Instructions, the Continuing Disclosure Agreement and the Purchase Agreement is hereby ratified and confirmed. Section 4. The Official Statement describing the 1997 Certificates and the execution and delivery thereof is hereby ratified and confirmed. Section 5. The schedule of base rental payments set forth in Exhibit B of the Facility Lease is approved and is hereby determined to be the schedule of base rental payments to be paid pursuant to the Facility Lease. sina8978.1 2 Section 6. The Board hereby ratifies its election, pursuant to Government Code Section 25350.55, to guarantee rental payments to be made by the County under the Facility Lease and authorizes and directs the County Administrator or his designee to notify the Controller of the State of California of such election. Section 7. All actions heretofore taken by the officers and agents of the County with respect to the sale, execution and delivery of the 1997 Certificates are hereby ratified and confirmed. Section 8. This Resolution shall take effect from and after its adoption. PASSED AND ADOPTED this 9th day of September, 1997. - -j Chairman of the Board of Supervisors County of Contra Costa, California [Seal] ATTEST: Philip J. Batchelor, Clerk of the Board of Supervisors and County Administrator v By CgL 1-4 A, , Dep&y Clerk of the Board of Supervisors of the County of Contra Costa, State of California sa2-78978:1 3 CLERK'S CERTIFICATE I,J.O.Mag i o , Deputy Clerk and Chief Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Supervisors of said County duly and regularly held at the regular meeting place thereof on the 9th day of September, 1997, of which meeting all of the members of said Board of Supervisors had due notice and at which a majority thereof were present; and at said meeting said resolution was adopted by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Ganciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None An agenda of said meeting was posted at least 72 hours before said meeting at 651 Pine S t. , Martinez, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office; the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand and the seal of the County of Contra Costa this ,day of September, 1997. z�A . Deputy Cl of the Board of Supervisors of the County of Contra Costa, State of California - [Seal] SF2-78978.1 AFFIDAVIT OF POSTING OF AGENDA STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) C.S.Turner hereby declares that [s]he is a citizen of the United States of America, over the age of 18 years; that acting for the Board of Supervisors of the County of Contra Costa [s]he posted on September 4 , 1997, at651 Pine Street , Martinez, California, a location freely accessible to members of the public, an agenda for the regular meeting of the Board of Supervisors of Contra Costa County to be held on September 9, 1997, a copy of which is attached hereto. Dated: September9 , 1997. I declare under penalty of perjury that the foregoing is true and correct. SF2-78978.1 RESOLUTION NO. 97/455 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CALIFORNIA RESOLUTION RATIFYING DELIVERY OF COUNTY OF CONTRA COSTA CERTIFICATES OF PARTICIPATION (CAPITAL PROJECTS PROGRAM), SERIES OF 1997; RATIFYING EXECUTION OF A TRUST AGREEMENT, A SITE LEASE (CAPITAL PROJECTS PROGRAM), A FACILITY LEASE (CAPITAL PROJECTS PROGRAM), A 1991 CERTIFICATES LETTER OF INSTRUCTIONS, A CONTINUING DISCLOSURE AGREEMENT AND AN OFFICIAL STATEMENT; RATIFYING AND CONFIRMING THE CONTRACT OF PURCHASE; APPROVING THE BASE RENTAL UNDER SAID FACILITY LEASE; RATIFYING ELECTION TO GUARANTEE RENTAL PAYMENTS WITH MOTOR VEHICLE LICENSE FEES; AND APPROVING ALL ACTIONS TAKEN IN CONNECTION THEREOF. WHEREAS, this Board of Supervisors by resolution no. 97/404 adopted August 5, 1997, has heretofore authorized the sale of County of Contra Costa Certificates of Participation (Capital Projects Program), Series of 1997 (the "1997 Certificates") for the purpose of refunding certain outstanding Certificates of Participation (1991 County Buildings Acquisition Project) (herein called the "Prior Certificates"), which were issued to finance the acquisition and renovation of certain county administration facilities, and financing the acquisition of certain additional capital improvements, together with site development, equipment and improvements (the "Project"); WHEREAS, there has been presented to this meeting a report of the sale and delivery of the 1997 Certificates; WHEREAS, this Board desires to ratify and confirm the sale of the 1997 Certificates and the execution of the following documents: 1. Trust Agreement, dated as of August 1, 1997, by and among First Trust of California, National Association, as trustee (the "Trustee"), the County of Contra Costa Public Financing Authority (the "Authority") and the County (the "Trust Agreement"); 2. Site Lease (Capital Projects Program), dated as of August 1, 1997, by and between the County and the Authority (the "Site Lease"); 3. Facility Lease (Capital Projects Program), dated as of August 1, 1997, by and between the Authority and the County (the "Facility Lease"); SF2-78978.1 4. Letter of Instructions regarding 1991 Certificates, dated as of August 1, 1997, from the Authority and the County to the Trustee (the "Letter of Instructions"); 5. Continuing Disclosure Agreement, dated the date of execution and delivery of the 1997 Certificates, by and between the County, the Trustee and U.S. Trust Company of California, N.A., as dissemination agent (the "Continuing Disclosure Agreement); 6. Official Statement relating to the 1997 Certificates (the "Official Statement"); and 7. Purchase Contract, dated August 21, 1997, by and among the Authority, the County and PaineWebber Incorporated, as representative of the underwriters (the "Purchase Contract"). WHEREAS, the Board of Supervisors of the County has been presented with each document referred to herein, and this Board has examined and approved each document and desires to ratify the execution and delivery of not to exceed $34,910,000 aggregate principal amount of the 1997 Certificates and the execution of such documents and the consummation of such financing; and WHEREAS, the County has full legal right, power and authority under the Constitution and the laws of the State of California to enter into the transactions described herein; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. All of the recitals herein are true and correct and this Board so finds. Section 2. The execution and delivery of the 1997 Certificates and the terms of the 1997 Certificates as set forth in the Trust Agreement are hereby ratified and confirmed. Section 3. The execution and delivery of the Trust Agreement, the Site Lease, the Facility Lease, the Letter of Instructions, the Continuing Disclosure Agreement and the Purchase Agreement is hereby ratified and confirmed. Section 4. The Official Statement describing the 1997 Certificates and the execution and delivery thereof is hereby ratified and confirmed. Section 5. The schedule of base rental payments set forth in Exhibit B of the Facility Lease is approved and is hereby determined to be the schedule of base rental payments to be paid pursuant to the Facility Lease. SP2-78978.1 2 Section 6. The Board hereby ratifies its election, pursuant to Government Code Section 25350.55, to guarantee rental payments to be made by the County under the Facility Lease and authorizes and directs the County Administrator or his designee to notify the Controller of the State of California of such election. Section 7. All actions heretofore taken by the officers and agents of the County with respect to the sale, execution and delivery of the 1997 Certificates are hereby ratified and confirmed. Section 8. This Resolution shall take effect from and after its adoption. PASSED AND ADOPTED this 9th day of September, 1997. Chairman of the Board of Supervisors County of Contra Costa, California [Seal] - NI ATTEST: ` Philip J. Batchelor, Clerk of the Board of Supervisors and County Administrator Cit. JjA4, Iv By Depu Clerk of the Board of Supervisors of the County of Contra Costa, State of California sF2a8978.1 3 CLERK'S CERTIFICATE I, ,i.0.Magi i o , Deputy Clerk and Chief Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Supervisors of said County duly and regularly held at the regular meeting place thereof on the 9th day of September, 1997, of which meeting all of the members of said Board of Supervisors had due notice and at which a majority thereof were present; and at said meeting said resolution was adopted by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Ganciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None An agenda of said meeting was posted at least 72 hours before said meeting at 651 Pine S t. , Martinez, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office; the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand and the seal of the County of Contra Costa this 4thday of September, 1997. 61 Deputy ClerV of the Board of Supervisors of the County of Contra Costa, State of California [Seal] SF2-78978.1 AFFIDAVIT OF POSTING OF AGENDA STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) C.S.Turner hereby declares that [s]he is a citizen of the United States of America, over the age of 18 years; that acting for the Board of Supervisors of the County of Contra Costa [s]he posted on September 4 , 1997, at651 Pine Street , Martinez, California, a location freely accessible to members of the public, an agenda for the regular meeting of the Board of Supervisors of Contra Costa County to be held on September 9, 1997, a copy of which is attached hereto. Dated: September9, 1997. I declare under penalty of perjury that the foregoing is true and correct. SF2-18978.1 0 RESOLUTION NO. 97/455 ' OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CALIFORNIA RESOLUTION RATIFYING DELIVERY OF COUNTY OF CONTRA COSTA CERTIFICATES OF PARTICIPATION (CAPITAL PROJECTS PROGRAM), SERIES OF 1997; RATIFYING EXECUTION OF A TRUST AGREEMENT, A SITE LEASE (CAPITAL PROJECTS PROGRAM), A FACILITY LEASE (CAPITAL PROJECTS PROGRAM), A 1991 CERTIFICATES LETTER OF INSTRUCTIONS, A CONTINUING DISCLOSURE AGREEMENT AND AN OFFICIAL STATEMENT; RATIFYING AND CONFIRMING THE CONTRACT OF PURCHASE; APPROVING THE BASE RENTAL UNDER SAID FACILITY LEASE; RATIFYING ELECTION TO GUARANTEE RENTAL PAYMENTS WITH MOTOR VEHICLE LICENSE FEES; AND APPROVING ALL ACTIONS TAKEN IN CONNECTION THEREOF. WHEREAS, this Board of Supervisors by resolution no. 97/404 adopted August 5, 1997, has heretofore authorized the sale of County of Contra Costa Certificates of Participation (Capital Projects Program), Series of 1997 (the "1997 Certificates") for the purpose of refunding certain outstanding Certificates of Participation (1991 County Buildings Acquisition Project) (herein called the "Prior Certificates"), which were issued to finance the acquisition and renovation of certain county administration facilities, and financing the acquisition of certain additional capital improvements, together with site development, equipment and improvements (the "Project"); WHEREAS, there has been presented to this meeting a report of the sale and delivery of the 1997 Certificates; WHEREAS, this Board desires to ratify and confirm the sale of the 1997 Certificates and the execution of the following documents: 1. Trust Agreement, dated as of August 1, 1997, by and among First Trust of California, National Association, as trustee (the "Trustee"), the County of Contra Costa Public Financing Authority (the "Authority") and the County (the "Trust Agreement"); 2. Site Lease (Capital Projects Program), dated as of August 1, 1997, by and between the County and the Authority (the "Site Lease"); 3. Facility Lease (Capital Projects Program), dated as of August 1, 1997, by and between the Authority and the County (the "Facility Lease"); sF2ae97s.1 4. Letter of Instructions regarding 1991 Certificates, dated as of August 1, 1997, from the Authority and the County to the Trustee (the "Letter of Instructions"); 5. Continuing Disclosure Agreement, dated the date of execution and delivery of the 1997 Certificates, by and between the County, the Trustee and U.S. Trust Company of California, N.A., as dissemination agent (the "Continuing Disclosure Agreement); 6. Official Statement relating to the 1997 Certificates (the "Official Statement"); and 7. Purchase Contract, dated August 21, 1997, by and among the Authority, the County and PaineWebber Incorporated, as representative of the underwriters (the "Purchase Contract"). WHEREAS, the Board of Supervisors of the County has been presented with each document referred to herein, and this Board has examined and approved each document and desires to ratify the execution and delivery of not to exceed $34,910,000 aggregate principal amount of the 1997 Certificates and the execution of such documents and the consummation of such financing; and WHEREAS, the County has full legal right, power and authority under the Constitution and the laws of the State of California to enter into the transactions described herein; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. All of the recitals herein are true and correct and this Board so finds. Section 2. The execution and delivery of the 1997 Certificates and the terms of the 1997 Certificates as set forth in the Trust Agreement are hereby ratified and confirmed. Section 3. The execution and delivery of the Trust Agreement, the Site Lease, the Facility Lease, the Letter of Instructions, the Continuing Disclosure Agreement and the Purchase Agreement is hereby ratified and confirmed. Section 4. The Official Statement describing the 1997 Certificates and the execution and delivery thereof is hereby ratified and confirmed. Section 5. The schedule of base rental payments set forth in Exhibit B of the Facility Lease is approved and is hereby determined to be the schedule of base rental payments to be paid pursuant to the Facility Lease. sF2a8978.1 2 Section 6. The Board hereby ratifies its election, pursuant to Government Code Section 25350.55, to guarantee rental payments to be made by the County under the Facility Lease and authorizes and directs the County Administrator or his designee to notify the Controller of the State of California of such election. Section 7. All actions heretofore taken by the officers and agents of the County with respect to the sale, execution and delivery of the 1997 Certificates are hereby ratified and confirmed. Section 8. This Resolution shall take effect from and after its adoption. PASSED AND ADOPTED this 9th day of September, 1997. hairman of the Board of Supervisors t, County of Contra Costa, California [Seal] ATTEST: Philip J. Batchelor, Clerk of the Board of Supervisors and County Administrator Cir., I /U. By Depu Clerk o the Board of Supervisors of the County of Contra Costa, State of California SP2-79978.1 3 CLERK'S CERTIFICATE I,J.0.Maglio , Deputy Clerk and Chief Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Supervisors of said County duly and regularly held at the regular meeting place thereof on the 9th day of September, 1997, of which meeting all of the members of said Board of Supervisors had due notice and at which a majority thereof were present; and at said meeting said resolution was adopted by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Ganciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None An agenda of said meeting was posted at least 72 hours before said meeting at 651 Pine s t. , Martinez, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office; the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand and the seal of the County of Contra Costa this qday of September, 1997. Deputy Jerk of the Board of Supervisors of the County of Contra Costa, State of California [Seall SB2-78978.1 AFFIDAVIT OF POSTING OF AGENDA STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) C.S.Turner hereby declares that [s]he is a citizen of the United States of America, over the age of 18 years; that acting for the Board of Supervisors of the County of Contra Costa [s]he posted on September 4 , 1997, at 651 Pine Street , Martinez, California, a location freely accessible to members of the public, an agenda for the regular meeting of the Board of Supervisors of Contra Costa County to be held on September 9, 1997, a copy of which is attached hereto. Dated: September9, 1997. I declare under penalty of perjury that the foregoing is true and correct. sF2-78978.1 137 RESOLUTION NO. 97/455 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CALIFORNIA RESOLUTION RATIFYING DELIVERY OF COUNTY OF CONTRA COSTA CERTIFICATES OF PARTICIPATION (CAPITAL PROJECTS PROGRAM), SERIES OF 1997; RATIFYING EXECUTION OF A TRUST AGREEMENT, A SITE LEASE (CAPITAL PROJECTS PROGRAM), A FACILITY LEASE (CAPITAL PROJECTS PROGRAM), A 1991 CERTIFICATES LETTER OF INSTRUCTIONS, A CONTINUING DISCLOSURE AGREEMENT AND AN OFFICIAL STATEMENT; RATIFYING AND CONFIRMING THE CONTRACT OF PURCHASE; APPROVING THE BASE RENTAL UNDER SAID FACILITY LEASE; RATIFYING ELECTION TO GUARANTEE RENTAL PAYMENTS WITH MOTOR VEHICLE LICENSE FEES; AND APPROVING ALL ACTIONS TAKEN IN CONNECTION THEREOF. WHEREAS, this Board of Supervisors by resolution no. 97/404 adopted August 5, 1997, has heretofore authorized the sale of County of Contra Costa Certificates of Participation (Capital Projects Program), Series of 1997 (the "1997 Certificates") for the purpose of refunding certain outstanding Certificates of Participation (1991 County Buildings Acquisition Project) (herein called the "Prior Certificates"), which were issued to finance the acquisition and renovation of certain county administration facilities, and financing the acquisition of certain additional capital improvements, together with site development, equipment and improvements (the "Project"); WHEREAS, there has been presented to this meeting a report of the sale and delivery of the 1997 Certificates; WHEREAS, this Board desires to ratify and confirm the sale of the 1997 Certificates and the execution of the following documents: 1. Trust Agreement, dated as of August 1, 1997, by and among First Trust of California, National Association, as trustee (the "Trustee"), the County of Contra Costa Public Financing Authority (the "Authority") and the County (the "Trust Agreement"); 2. Site Lease (Capital Projects Program), dated as of August 1, 1997, by and between the County and the Authority (the "Site Lease"); 3. Facility Lease (Capital Projects Program), dated as of August 1, 1997, by and between the Authority and the County (the "Facility Lease"); SF2-78978.1 4. Letter of Instructions regarding 1991 Certificates, dated as of August 1, 1997, from the Authority and the County to the Trustee (the "Letter of Instructions"); 5. Continuing Disclosure Agreement, dated the date of execution and delivery of the 1997 Certificates, by and between the County, the Trustee and U.S. Trust Company of California, N.A., as dissemination agent (the "Continuing Disclosure Agreement); 6. Official Statement relating to the 1997 Certificates (the "Official Statement"); and 7. Purchase Contract, dated August 21, 1997, by and among the Authority, the County and PaineWebber Incorporated, as representative of the underwriters (the "Purchase Contract"). WHEREAS, the Board of Supervisors of the County has been presented with each document referred to herein, and this Board has examined and approved each document and desires to ratify the execution and delivery of not to exceed $34,910,000 aggregate principal amount of the 1997 Certificates and the execution of such documents and the consummation of such financing; and WHEREAS, the County has full legal right, power and authority under the Constitution and the laws of the State of California to enter into the transactions described herein; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. All of the recitals herein are true and correct and this Board so finds. Section 2. The execution and delivery of the 1997 Certificates and the terms of the 1997 Certificates as set forth in the Trust Agreement are hereby ratified and confirmed. Section 3. The execution and delivery of the Trust Agreement, the Site Lease, the Facility Lease, the Letter of Instructions, the Continuing Disclosure Agreement and the Purchase Agreement is hereby ratified and confirmed. Section 4. The Official Statement describing the 1997 Certificates and the execution and delivery thereof is hereby ratified and confirmed. Section 5. The schedule of base rental payments set forth in Exhibit B of the Facility Lease is approved and is hereby determined to be the schedule of base rental payments to be paid pursuant to the Facility Lease. SF2-78978.1 2 Section 6. The Board hereby ratifies its election, pursuant to Government Code Section 25350.55, to guarantee rental payments to be made by the County under the Facility Lease and authorizes and directs the County Administrator or his designee to notify the Controller of the State of California of such election. Section 7. All actions heretofore taken by the officers and agents of the County with respect to the sale, execution and delivery of the 1997 Certificates are hereby ratified and confirmed. Section 8. This Resolution shall take effect from and after its adoption. PASSED AND ADOPTED this 9th day of September, 1997. Chairman of the Board of Supervisors County of Contra Costa, California [Seal] ATTEST: Philip J. Batchelor, Clerk of the Board of Supervisors and County Administrator By O&m j Depu Clerk of the Board of Supervisors of the County of Contra Costa, State of California sF2-78978.1 3 CLERK'S CERTIFICATE I,J.O.Maglin , Deputy Clerk and Chief Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Supervisors of said County duly and regularly held at the regular meeting place thereof on the 9th day of September, 1997, of which meeting all of the members of said Board of Supervisors had due notice and at which a majority thereof were present; and at said meeting said resolution was adopted by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Ganciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None An agenda of said meeting was posted at least 72 hours before said meeting at 651 Pine S t. , Martinez, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office; the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand and the seal of the County of Contra Costa this qday of September, 1997. Depu Clerk of the Board of Supervisors of the County of Contra Costa, State of California [Seal] sFzas97s.1 AFFIDAVIT OF POSTING OF AGENDA STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) C.S.Turner hereby declares that [s]he is a citizen of the United States of America, over the age of 18 years; that acting for the Board of Supervisors of the County of Contra Costa [s]he posted on September 4 , 1997, at 651 Pine Street , Martinez, California, a location freely accessible to members of the public, an agenda for the regular meeting of the Board of Supervisors of Contra Costa County to be held on September 9, 1997, a copy of which is attached hereto. Dated: September9, 1997. I declare under penalty of perjury that the foregoing is true and/ correct. SF1-78978.1