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HomeMy WebLinkAboutMINUTES - 06081982 - R 82F IN 2 i - r n 1 z THE BOARD OF SUPERVISORS MET IN ALL ITS CAPACITIES PURSUANT TO ORDINANCE CODE SECTION 24-2.402 IN REGULAR SESSION 9:00 A.M. TUESDAY June 8, 1982 IN ROOM 107 COUNTY ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA PRESENT: Vice-Chairman Robert 1. Schroder, Presiding Supervisor Tom Powers Supervisor Nancy C. Fanden ABSENT: * Chair Sunne W. McPeak * Supervisor Tom Torlakson CLERK: J. R. Olsson, represented by Geraldine Russell, Deputy Clerk * Supervisor Torlakson arrived at 9:10 a.m. and was present for the balance of the meeting. * Chair Sunne McPeak arrived at 9:25 a.m. and was present for the balance of the meeting. U 01 In the Board of Supervisors of Contra Costa County, State of California June 8 1982 In the Matter of Ordinance(s) Adopted The followina ordinance(s) was (were) duly introduced and hearing(s) held, and this being the time fixed to consider adoption, IT IS BY THE BOARD ORDERED that said ordinance(s) is(are) adopted, and the Clerk shall publish same as required by law: 02 1-� ORDINANCE NO. 82-33 Re-Zoning Land in the Tassajara Area) The Contra Costa County Board of Supervisors ordains as follows- - T-18,U-17, U-18 SECTION I. Pages/V-178 w-16m of the County's 1978 Zoning Map (Ord. No. 78- 93) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also County Planning Department File No. 2487-RZ ) A-2 General Agriculture FROM: Land Use District A-4 (_ Agrjmitvral Preserve ) TO: Land Use District P-1 ( Planned Unit Development ) and the Planning Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84-2.003. w�� a+� ^mR r I I[��•�^ 14 39 w a• • r Y � 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 supervisors voting for and against it in the VALLEY PIONEER a newspaper published in this County. PASSED on June 8, 1982 by the following vote: Supervisor Aye No Absent Abstain 1. T.M.Powers (X ) ( ) ( ) ( ) 2. N.C.Fanden (X ) ( ) ( ) ( ) 3. R.I.Schroder (X ) ( ) ( } ( } 4. S. IV. McPeak ( ) ( ) (X) ( ) 5. T.Torlakson ( ) ( ) (X ) ( ) ATTEST: iJ.s R.Olsson,County Clerk and ex officio Clerk of the Board l�'� yQ , p Chairman of the Board B De (SEAL) Diana 11. Herman ORDINANCE NO. 82-33 2487-RZ t1- 03 ORDINANCE NO. 82-34 Re-Zoning Land in the San Ramon Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Page s/W-17, X-17 of the County's 1978 Zoning Map (Ord. No. 78- 93) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also County Planning Department File No. 2518-RZ ) FROM: Land Use District R-10 ( Single Family Residential ) TO: Land Use District P-1 ( Planned Unit Development ) and the Planning Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec.84-2.003. C.M \\ K C•M 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 supervisors voting for and against it in the VALLEY PIONEER , a newspaper published in this County. PASSED on June 8, 1982 by the follcwing vote: Supervisor Ave No Absent Abstain 1. T.M.Powers (X) ( ) ( ) ( ) 2. N.C.Fanden (X) ( ) ( ) ( ) 3. R.I.Schroder (X) ( ) ( ) ( ) 4. S. W. McPeak ( ) ( ) (X) ( ) 5. T.Torlakson ( ) ( ) (X) ( ) ATTEST: J.R.Olsson, County Clerk and ex officio Clerk of the Board �I Chairman of the Board By ,Dep. (SEAL) Diana M. Herman ORDINANCE NO. 82-34 ..� . 04 2518-RZ ORDINANCE NO. Re-Zoning Land in the Knightsen Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Page H-25-H-26 of the County's 1978 Zoning Map (Ord. No. 78- 93) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also County Planning Department File No. 2483-R. ) FROM: Land Use District A-2 ( General Agriculture ) TO: Land Use District R-10 `( Single Family Residential ) and the Planning Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec.84-2.003. 4PAi. . R:: . 20 A-z ^•r•:: :..:: A3 :ti• :•.}i :• y�fG A2: FMO 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 supervisors voting for and against it in the ANTIOCH DAILY LEDGER a newspaper published in this County. PASSED on June 8, 1992 by the following vote: Supervisor Aye No Absent Abstain 1. T.M.Powers (X) ( ) ( ) ( ) 2. N.C.Fanden (X) ( ) ( ) ( ) i S. R.I.Schroder (X) ( ) ( ) ( ) 4. S.W. MCPeak ( ) ( ) (X) ( ) 5. T.Torlakson ( ) ( ) (X) ( ) ATTEST: J.R.Olsson, County Clerk and ex officio Clerk of the Board Chairman of the Board BY . .�/7._�_ _��Dep. (SEAL) Diana M. Herman ORDINANCE NO.R2-35 05 2483-RZ r Pi;-1l0?. AD.,'.1.,11!'i:T Rf tt151' tie. t o is s: • iPI�a i.` .0 j _ r:cprs i� trti(lr nt Health Services _ _ '.'c lyr:E ;f i 0450, t r c}. :;rt. 045o _ ':g_ncy f No. t L1 u tion Re4'ie,to': _Reallocate Heelth uca or post ion 52-9752 96, and 54-1381 to Health a Services Administrator (Le--l- eat Le-- _A) GIS 3 I� ---- 52-?+96:(0450/0459 -- .5471381 (541YA543� t•., -- -- �97- - '�'plain WL'y adjLstrt>rt r•r- To properly classify positions and incumbents in line w>tr duties and responsibilities performed - . ,cSti.il•.' ^il t�l.tl:tOrdteil•t' _... !.:A: 'I .,:1lAat(•u C :t ^f add t:a('n� {, . COst i5 thi11depar it not uil hir badig..t 1, e r,•vel tie s ide Lr to b f(:na^` C'( ,�rtment nu'•t initiatC nt 'rti. , .;p,t n[i :t(,r as , Imes shoot.; t..l for-tier r.r c( 'n(nt3. y ,:•son:el 7;;.a-t r;r.: •,•_r s>..t•..'.a.i=;n hstr•. - June 2, 1982 Reallocate the persons and positions of Health Educator, positions-52a-97, 152-4915 ,an,d 54-1381, Salary Level H2 347 (1743-21191 to Health Services Administrator (A-Level), Salary Level V5 367 (1421-2162). Effective day following Board action. , )a 5,51 ter,.. lt,'. : l il'':� c .. .. ..• I ; � - i,t.. 1, ."-do' :ill,of i'-.. i•l. t+'•.r, •{ I tL / �. r � r I t of 5U-(i w1 I,1S AcIi it r I .it.t ,.!I,•. Dfi JUN 81982, J.P. r t ,n y, Clerk . _ JUN 81982— Barbar iF"erner ` 'r n1•.'; cf lit— ;:r ,,__+.., ..� { t �, -- Y S P O S I T I O N A-D`J U S.1' hY�Nt. R E Q U E S T No: Department / l t judge NUnit Date 4/6/pp P ueaith Services h 9 CIVIL SERVICE DEPT. Action ReqVested: Revise and retitle Emergency Medical Services Program Chief (class code VBSB)to DirectorEmergency Medical Services and reallocate class and position #*1380 to level 12-762 Proposed effective date: 4/28/82 o e basic Salary Setedue Explain why adjustment is needed: to reflect expansion of job duties and increased level of responsibilities (see attached memo) Estimated cost of adjustment: " }' Amount: I. Salaries and wages: fi r _ jtP'l $ 2. Fixed Assets: Ia6t i tema and coat) C, $ Estimated total $ Signature Ray Philb' , ersonnel Services Assistant Department Head Initial Determination of County Administrator Date: April 21, 1982 Approved with conditions as per attached memo. le 94d� County Administrator Personnel Office Date: June 2. 1982 Classification and Pay Recommendation Retitle class and reallocate all positions of Emergency Medical Services Program Chief to Emergency Medical Services Director and reallocate to the Basic Salary Schedule. Amend Resolution 81/1007 and 71/17 to retitle and reallocate class and positions of Emergency Medical Services Program Chief, Salary Level H2 590 (2223-2702) to Emergency Medical Services Director, Salary Level H2 686 (2447-2974). Effective day following Board action. ersonnel Director Recommendation of County Administrator Date: JUN Recommendation approved JUN - 9 1982 effective County Administrator Action of the Board of Supervisors JUN $1982 Adjustment APPROVED (-DiiAPPROVEM on J. R. OLSSONCou ty Clerk Date: JUN 81982 By: 'a— Barbara J�'Fierner APPROVAL e5 t(Lis adjustment constitutes an ApprtopAi.ati.on Adjustment and Peuonnet. Re.5oQlLt!_on Amendment. NOTE: Top section and reverse side of form mutt be completed and supplemented, when appropr-iaaTe, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) t 07 POSITION ADJUSTMENT RE` (-itES No: I2c. � I c� Department Treasurer-Tax Collectoi$udgetr`�Jn1Sc1�. 5/14/82 Action Requested: Reclassify Position 15-00028 SMVA Collection Services Assist- ant II to Supervising Clerk Proposed effective date: ASAP Explain why adjustment is needed: duties assigned to this position require supervising-knowledge. Estimated cost of adjustment: CSA II 1250-1519; 0rtr; �� (1 Amount: Supervisor 1349-1639 _:.-.,.., �00%<iy 1. Salaries and wages: 'ft7 7 1,440.00 perYear _ '2. Fixed Assets: fit iitema and coat) 1982 COQ:,s t'Of Estimated total v +^'!SIS for $- 1,4,40+00 Signature ! r Departmentea Initial Determination of County Administrator Da ,Tune 1_1552 2 t., -- To Personnel: Request recommendation. � T t min' oto Personnel Office and/or Civil Service ComiUssion a . June 2, 1982 Classification and Pay Recommendation Reclassify Collection Services Assistant II position and incumbent to Supervising Clerk. Amend Resolution 71/17 by reclassifying Collection Services Assistant II position #15-28, Salary Level H2-014 (1250-1519) and incumbent to Supervising Clerk, Salary Leve1H2-090 (1349-1639). Effective day following Board action. V,I�A Personnel Director Recommendation of County Administrator Date: =Reccommendation County Administrator Action of the Board of Supervisors JUN 8 1982 Adjustment APPROVED 0H4APPR@VW on J. R—CILSSONI Co ty Clerk Date: JUN 81982 By: lw� ozp- M& Barbara .Ficrner APPROVAL q this adjustment conettitutU an Appnop&iati.on Adjua.bnenzt and PeuonneE Rao&ti.on Amendment. NOTE: TOP section and reverse side of form must be completed and supplemented,.when appropri afe, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) iJ 08 POSITION ADJUSTMENT REQUEST No. 2 6 602 Date: 6-1-82 Board of supervisors Dept. No./ - t ��L L'Copers Department District V Budget Unit No. 0001 Org. No. pp Agency No. Action Requested:Reduce hours of Board of Supervisors fAs�is^Eit',N�osition no. 01-00-009 (Deanna Link) , from 40/40 to 32/40• and7tdrEds��AaPuf��f Board of Supervisors Assistant, position no. 01-000-12 (Gloria O'Mania) from 32/40 to Proposed Effective Date: 6-1-82 Explain why adjustment is needed: Office reorganiztion. Classification Questionnaire attached: Yes [] No Estimated cost of adjustment: $ Cost is within department's budget: Yes ® No (] If not within budget, use reverse side to explain how costs are to be funded Department must initiate necessary appropriation adjustment. Use additional sheets for further explanations or comments. for Department He Personnel Department Recommendation Date: June 2, 1982 Decrease the hours of Board of Supervisors Assistant exempt position #01-9 from 40/40 to 32/40 and increase the hours of Board of Supervisors' Assistant exempt position #01-12 from 32/40 to 40/40, both at Salary Level B5-298 (914-1810). Effective June 1, 1982. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic/Exempt Salary Schedule, as described above. Effective: p day following Board action. �l JUNE 1. 1982. Date for Director o Pero County Administrator Recommendation Date: 3 M'Approve Recommendation of Director of Personnel C7 Disapprove Recommendation of Director of Personnel G Other: for County Administrator Board of Supervisors Action UN $ 1982 Adjustment APPROVED D on J.R. Olsson, County lerk Date: JUN 81982 By: r ka yaroara .Fierner APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY RESOLUTION AMENDME T. M347 6/82 09 V POS I T 1 ON ADJ USTMENT REQUEST No: r Mental '-0540-6900 Department Health Services - Health BUIq �t.(�6319) et Date 2 .4 - LLL8 Add one (1) full f14 and' 1) Permanent-intermittent Psychiatric Action Requested: Technician ndWealtb Ixealment Special -t positions #1206 (40/_40) and #1474 (20140) Proposed effective date: 6/1/82 Explain why adjustment is needed: to restore one (1) more of 1-hp-nursing positions that was lost hen six 16) nursing Staff become MHTS; d to provide sick leave yacntinn- and =ek- en 0 nursingan shift relief coverage for all 3 inpatient psychiatric units Estimated I cost of adjustment: -n=ta County Amount: 1. Salaries and wages: RE 1 V 1E 2. Fixed Assets: (Zi.6t item6 and coat) MAT V- 1982 C)-t:r-e 0 $ '0 Estimated tota0o,,-nty Ad.;J! $ Signature Andrea Jack.*son. ersonnel �r�es !;StTepartment Head Initial Determination of County Administrator Date: May 27,p 96-2 Approved. County Administrator r. Personnel Office Date: June 2, i93g Classification and Pay Recommendation Classify 1 40/40 and I P.I. Psychiatric Technician and cancel 1 40/40 and 1 20140 Mental Health Treatment Specialist. Amend Resolution 71117 by adding 1 40/40 and I P.I. Psychiatric Technicians, salary level Hl 982 (1213-1474) and cancelling Mental Health Treatment Specialist positions 54-1206 and 54-1474, salary Level V5 249 (1263-1922). Effective day following Board action. t-I"erso n"ere' 4 Recommendation of County Administrator_ Date: JUN 3 1982 Recommendation approved effective JUN -9 1982 County Admi-nistrator Action of the Board of Supervisors Adjustment APPROVED kMWROK-I�) on JUN 81982 J. R. OLSSON, C unty Clerk Date: JUN $ 1982 By: Barbaa J Fierner APPROVAL o ,this adju6tmoit con6titutes at, Apptoptiation Adjurtment and Pet6onnet Ruotutiopi Amcndmcnt. NOTE: Top section and reverse side of form mLLbt be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) 10 P O S I T I O N AD'J US TMlk R E Q U E S T No: �i � r9 ! Department Public Works Budget 650 Date February 5, 1982 T. Action Requested: Create the classification of Engineering Records Technician and reclassify person (Hotzel) and position 65-362 Proposed effective date: ASAP Explain why adjustment is needed: To properly classify this position Estimated cost of adjustment: Co l!c= Fo'll'y Amount: 1. Salaries and wages: $ 2. Fixed Assets: (Ccet items and cost) fiPF _1 1987 CO::�Iy A.cr1i! is:ra4or$ Estimated total ��11 Signature /'G� 1 4—(✓ , 6 Department Head Initial Determination of County Administrator Date/.7 ��- Request review and recommendation. , Coun d t a o Personnel Office and/or Civil Service Commission te: June 2, 1982 Classification and Pay Recommendation Allocate the class of Engineering Records Technician to the Basic Salary Schedule, Amend Resolution 79/781 by adding the class of Engineering Records Technician, Salary Level H2-322 (1700-20671 Effective day following Board action. Personnel Director Recommendation of County Administrator Date: JUN -3 1982 Recommendation approved effective JUN - 9 1982 County Administrator Action of the Board of Supervisors Adjustment APPROVED O on JUN 8 1982 J. R. ,OLSSONI C unty Clerk Date: JUN 81982 By: Lncez / Ak ` Barbara j. ierner APPROVAL 06 -thio adjws.tmett constitutes an Appnopti.ati"on Adjustment and Pe&sonne2 Resol wti"on Amendment. NOTE: Top section and reverse side of form must be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) - �- 11 POSITION ADJUSTMENT REQUEST No. 1-2,1,6 3 I Date: June 1, 1982 rr Dept{1o � s'/� ` Copers !)_,,artment Tax Collector-Treasurer Budget Unit No. 0015 Org. No. 0015 Agency No. JUN Z 3 26 P/fly Action Requested: Reclassif Full Time ITC Position 5 20 (JWVA) salary level ($1241) to 1 /4 0 9 �! SERyict. [-,f:r,- Proposed Effective Date: ASAP Explain why adjustment is needed: Certain duties previously assigned to this position have been redirected to other personnel. Classification Questionnaire attached: Yes [] No x0 Estimated cost of adjustment: REDUCTION -745.00 Cost is within department's budget: Yes No If not within budget, use reverse side to explain how costs are to be funded. Department must initiate necessary appropriation adjustment. Use additional sheets for further explanations or comments. for epa tment Head Personnel Department Recommendation Date: June 2 1982 Reduce the hours of Clerk - Experienced Level position #15-20, Salary Level H1-810 1021-1241 from 40/40 to 16/40. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic/Exempt Salary Schedule, as described above. Effective: ® day following Board action. 0 Date for Director of Persornel County Administrator Recommendation Date: ft Approve Recommendation of Director of Personnel Cl Disapprove Recommendation of Director of Personnel G Other: for County Administrator BL-d of Supervisors Action JUN 81982 Adjustment APPROVED/ on J.R. Ols on, County2C erk Date: JUN 81982 By: Q Barbara rr ierner APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY RESOLUTION AMENDMFNT. 7100 M347 6/82 - � 12 POSITION ADJUSTMENT REQUEST No. /—?6 6 fL Date: 6/1/82 I RE((''Ci1iC'I , Riverview Fire Dept. Dept:"No,/ /200 7200 Copers artment p JJ ge� Uni Ou� 00 Org. No. Agency No, Action Requested: Add one (1) Executive 44Secretaag,Q( 'T)L'I Proposed Effective Date: ASAP Explain why adjustment is needed: To properly classify position for provision of confidential secretarial support o Fire =1 Classification Questionnaire attached: Yes [X No Estimated cost of adjustment: E 1808 Cost is within department's bnd_get: Yes No If not within budget, use reverse side to explain how costs are to be funded. Department must initiate necessary appropriation adjustment. Use additional sheets for further explanations or comments. for Departm9fit Head Personnel Department Recommendation Date: 6/2/82 Add one Executive Secretary, Salary Level H8 188 (1808). i Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic/Exempt Salary Schedule, as described above. i Effective: ® day following Board action. Date or Aire or of P sonnet k i i County Administrator Recommendation s Date: G S v y) Approve Recommendation of Director of Personnel c3 Disapprove Recommendation of Director of Personnel G Other: Zza q (forpCoAty ArKi 1 of Supervisors Action UN $ 19x2 `,ent APPROVED/ on J.R. 01 son, County Clerk Date: JUN 81982 By: / Barbara i raer APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY RESOLUTION AMENDMENT. T' M347 6/82 AK 75 L' 13 CONTRA COS":D• COUNTY r APPROPRIATION, ADJUSTMENT µ T/C 2 7 I. DEPARTMENT OR ORGANIZATION ACCOUNT tODIxC HEALTH SERVICES-PUBLIC HEALTH DIVISION vACANIZATION SUB-OBJECT 2. FIXED ASSET �ECREASE��.+' INCREASE OBJECT Of EXPENSE OA FIXED ASSET ITER NO OUANTITT < 5721 4951 - Computer System 1 0002 20,000.00 5707 5022 Cost Applied Credit 10,700 04 5736 5022 Cost Applied Credit 185,400.00 5707 1011 Permanent Salaries 5,900.00 5707 2310 Professional Services 8,000.00 5707 2328 Administrative Services 2,400.00 5721 1011 Permanent Salaries 10,000.00 5721 2100 Office Expense 20,000.00 5722 1011 Permanent Salaries 6,000.00 5722 2100 Office Expense 12,000.00 5724 1011 Permanent Salaries 5,000.00 5724 2100 Office Expense 10,800.00 5736 1011 Permanent Salaries 30,000.00 5736 2100 Office Expense 59,700.00 5736 2328 Administrative Services 20,900.00 5750 1081 Labor Received/Provided 140,000.00 5750 2100 Office Expense 59,000.00 0450 1011 Permanent Salaries 80,000.00 0450 2100 Office Expense 72,000.00 CONTRA COSTA COUNTY APPROPRIATION' ADJUSTMENT - T/C 2 7 I.DEPARTMENT OR ORGANIZATION UNIT: ACCOUNT CODING HEALTH SERVICES- PUBLIC HEALTH DIVISION 0CACZATION SOA-OpJEGT 2. FIXED ASSET <ECREAS> INCREASE OBJECT OF EIPEASE OA FIXED ASSET ITEM M0. OUAATITT 0990 6301 Reserve for Contingencies 297,800.00 0990 6301 Appropriable New Revenue 297,893.0( APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CONTROLLER JUN 0 2 1982 To allocate new appropriable revenue and cost By: A Dote / / applied credit to Special Health Projects and Public Health (0450) in order to bring total COUNTY ADMINISTRATOR budget in line with contracts and funding levels required for FY 1981-82. Revenues are detailed By: Dote �'/� on attached T/C 27. There is no change in the - Net County Cost as a result of this adjustment. BOARD OF SUPERVISORS $uN,,i—R wen,Fuhdeti - YES: Sdcokl,,%6dlea,T.,Ukmn wI2. None ab:�,If.� 111`t'Ec� JDUN /8)982 , G J.R. OLSSON,CLERK 4. J Administrator 6/2/82 / SIYNATUNE TITLE DATE By, G K �1. Glenn L. White APPROPRIATION A POO 739/7 ADJ.JOURNAL MD. IN 129 R., 7/771 SEE INSTRUCTIONS ON REVERSE SIDE U 14 CONTRA COSTA COUNTY ESTIMATED REVENUE ADJUSTMENT T/C 24 ACCOUNT CODING (.DEPARTMENT OR ORGANIZATION UNIT.HEALTH SERVICES-PUBLIC HEALTH DIVISION ORGANIZATION AiiouNT Z REVENUE DESCRIPTION INCREASE ZDECREASE> 5711 9491 FED HLTH ADM (MCH6314D) 6,400.00 5725 9322 ST AID ALCOHOLIC REHAB 11,322.00 5721 9494 FED W.I.C. PROGRAM 29,937.00 5722 9281 ADMIN-STATE HEALTH MISC. 18,871.00 5724 9288 ST HYPERTENSION COUNCIL 15,823.00 5750 9767 HOME HEALTH AGENCY-MCARE 170,800.00 5750 9768 HOME HEALTH AGENCY-MCAL 80,184.00 APPROVED 3. EXPLANATION OF REQUEST Net Increase 297,893 AUDITOR-CONTROLLER . AIN p 2 198? By: Date / / To record the receipt of new revenue based upon revised contracts, contacts with the State, and COUNTY ADM( ISTRATgR, experience through 10 months receipts. �RIGmHL i,I:E E r JUN - 3 1982 By. F.FERNANDEZ Dale BOARD OF SUPERVISORS YES: Scprr.ixr+Podco.F4hJcq A S�u4,.d1i4.1TutLt�ua JUN 819 2 ElI"x�:f. No= 1+�f c:k k Oat. / / J.R.OLSSON,CLERK Administrator 6/2/82 J (.� � IGMATURE TITLE GATE Glenn L. White REVENUE ADI. RAOO,lj3j�/ JOURNAL NO. .v9 34 R...2/79) - � 15 CO'NTR'A COSTA COUNTY -/ APPROPRIATION ADJUSTMENT T/C 27 ACCOUNT COOING 1.DEPARTMENT OR ORCAXIIATION UNIT - PUBLIC WORKS DEPT. ORCAXIIATION SURONIECT 2 ED ASSET DNJEDI OF EXPENSE OR FIXED ASSET ITEM FIS N0. QUANTITY DECREASE> INCREAS 4500 3580 CONTRI TO OTHER AGENCIES 9,167. 0990 6301 RESERVE FOR CONTINGENCIES 9,167. r , { I APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CONTRDLL£R Y TO INCREASE THE PUBLIC WORKS BUDGET FOR ADDITIONAL Ely: `�✓ yl�aet Oate �/)7% GENERAL FUND TAXES RAISED OVER AND ABOVE THE AMOUNT BUDGETED FOR THE JERSEY ISLAND FERRY ZOUNTY ADMINISTRATOR SUBSIDY. (SEE ATTACHED FOR ACTUAL TAXES RAISED PER SAM KIMOTO, AND MEMO FROM CHUCK THOMPSON). ➢ate �D E30ARD OF SUPERVISORS SuFc.sn P,.wrn,FatwleM1 YES: sa—kt.ftdI rT.ULA NO Nune r��511J I 1 ck k JYN /8 P82 PUBLIC WORKS DIRECTOR, J R. OLSSON,CLERK/ 4. S� Si S/ t1�N.TY11C TRILL p/ D�TL 'y'�.11•�+ "i�/ APPROPRIATION A POO bb ADJ.JOURNAL 40. . L/ 16 CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT - T/C 27 42 ACCOUNT COOING 1.OEPARTREXT OR ORGANIZATION UNIT. PUBLIC WORKS DEPARTMENT ORGANIZATION SUB-OBJECT 2. FIRED ASSET OBJECT OF EXPENSE 09 FIXED ASSET ITEM ND. OUANTITT DECflEAS> INCAEAS COUNTY SERVICE AREA R-6 ORINDA 7753 4945 CARPETING IN MAIN HALL 8 OFFICE 4,768. 7753 6301 RESERVE FOR C014TINGENCIES 4,768. 7753 6301 APPROPRIABLE NEW REVENUE 2,384. I I gpPROVED 3. EXPLANATION OF REOUEST 'UDITOR-s10N OLL / '---;'� PROV IDE FUNDS FOR NEW CARPETING TO BE INSTALLED IN THE MAIN HALL AND OFFICES AT THE ORINDA By: � Dale COMMUNITY CENTER. THE ORINDA FOUNDATION WILL COUNTY AD rn NISTRATOR DONATE 50% OF THE COSTS. s, Dore 6/3/8 90-RD OF SUPERVISORS YES: Sd+roirr,#Ae Turhh NO: N 6 H bell it I I 1` t E'a� JOY, /8,}98 PUBLIC WORKS DIRECTOR 5 Z8)82 J R OhSSON,CLERK � DAT[ ^ u• •c nnc /�� APPROPRIATION APOO�J//O AO1.JOURNAL 90. , U 17 R CONTRA rOSTA COUNTY ESTIMATED RE 'ENUE ADJUSTMENT T/C 24 I.0£tatT)CE(T 00 OACAUZAT101 ORit: ltcauXT taal�t PUBLIC WORKS DEPARTMENT _ IEYFAUF aXlZATIOR Att0Ui7 2. RfYERUE 0[SGRlPtlOR IRtAfASE �0{CIEASF} COUNTY SERVICE AREA R-6 ORINDA 7753 4465 RESTRICTED DONATIONS 2,384. I I A/PROVED 3. EXPLANATION OF REOUEST �ITOR/- O/ -ROLLER � / __- - • RECORD REVENUE FROM ORINDA FOUNDATION FOR 50% Dcle OF THE COST OF CARPETING TO BE INSTALLED IN THE TY ADMINISTRATOR MAIN HALL AND OFFICES AT THE ORINDA COMMUNITY CENTER. . : `Ll SiGNcU 3Y rn F.FERNANLIE-7 Date's/ Y 7g Z -.D OF SUPERVISORS Scprnwr+Pu�en.randrn, ` E S: &hr+.icr.-M .1'utlxkwu 0, None /DUN /8)9ale $ OLS50N,CLERK i '? i Pu c Warks Director 5/28/82 j� fr,T 19 at I[ a at�- REYEYBE AN RAM0, ` � 18 oCONTRA COSTA COUNTY APPROP'Rn"4ON ADJUSTMENT 1 T/C 2 7 t ACCOUNT COOING 1.DEPARTMENT OR ORGANIIATION UNIT_ LIBRARY 620 ORCANIZATION SUB-OBJECT 2. FIXED ASSET <DECREASE> INCREASE OBJECT OF EXPENSE ON FIXED ASSET ITEM 10. JOUAMTITT 3750 2100 Office Expense $624.00 3700 4951 Messenger Upgrade $624.00 APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CONTROLLER eY! JUN 0 2 To provide funds for purchase of an upgrade of DoleCLASS Messenger from 300 band to 1200 band trans- COUNTY ADMINISTRATOR mission rate. CLASS Messenger is the communication device which connects the ten bay area library BY: A are G/2/ systems belonging to BALIS (Bay Area Library Information Service). BOARD OF SUPERVISORS YES: SJnu:er,31d4at,Turlahsun NO: None fiG�,Tf: Il1� � on Administrative�8)982 Administrative J.R. OLSSON,CLERK Services Officer 6 /2/82 ffTVNATURE TITLE DATE BY ^ APPROPRIATION APOO -6399' ADS ;OURNAE ND. IN 12F RAT 7/77) SEE INSTRUCTIONS ON REVERSE SIDE . � 19 CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT T/C 27 ACCOUNT CODING 1.DEFARTNENT OR ORGANIZATION UNIT: 0540 Health Services Department ORGANIZATION SUB-OBJECT 2. FIXED ASSET /ECflEAS> INCREASE OBJECT OF EXPENSE OR FIXED ASSET ITEM N0. OUANTITT 0540 1011 1 Permanent Salaries 1,362,795.01 0540 2831 Prosthesis 30,000.00 0540 2838 Pharmaceuticals 52,795.00 0540 1013 Temporary Salaries 950,000.00 0540 1044 Retirement Expense 330,000.00 APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CONTROLLER o To reclassify funds to align the County finance By er r;sTtu� Dales /� systen with allocations of the 1000 and 2000 accounts of Enterprise Fund I. COUNTY ADMINISTRATOR Ely: Dare BOARD OF SUPERVISORS YES: NO: gone M'rr d r)?`re,,a JQUN / 0/198 Director of J.R. OLSSON,CLERK Health Services 5 12/ 8 ,../ .....TUNE TITLE DATE By_ %J(,(ly(.-`rC�i�_y�'i(,y�E{,(i'� Arnold S. Leff, M.D. APPROPRIATION APoo .�387 ADJ.JOURNAL 40. (M 129 R. 7/77) SEE INSTRUCTIONS ON REVERSE SIDE 20 CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT T/C 27 /.22 ACCOUNT CODING I.DEPARTNENT OR OpGAKIIATI4K OKtT: COUNTY ADMINISTRATOR ORGANIZATION SUB-OBJECT I. FIXED ASSET , DECREASEE INCREASE ObJEGi OF EXPENSE 4R FIIED ASSET ITEK N4. 4UAKi1TT '�•: 4405 4125 REPLACE BOILER MTZ HEALTH BLDG 103000.00 4405 4321 REMODEL lst FL.- ASSESSOR'S 4,960.00 4405 4305 FIRE CODE IMPS. MTZ. ADMIN 1,283.00 0450 2310 PROFESSIONAL SERVICES 3,757.00 APPROVED 3- EXPLANATION OF REQUEST AUDITOR-CONTROLLER To transfer funds to replace Lattner boiler in By, 2r Date J2/ Martinez Health Bldg.-1111 Ward St. Project is to replace a high pressure boiler which COUNTY ADMINISTRATOR requires constant attandance with a low By: pressure one which can function unattended. �i_4 .���'1l ara[Q:�Date �/ J BDARD OF SUPERVISORS C� YES: 5:1rr�lc;;Md+ok:T�rlalcwn NO: Nune oUN J.R. 4. '1, n UNMY ADMINISTRATOR 6/2/8 OLSSON,CLERK416M A7YR[ TITLE �� D87L By: YG APPROPRIATION -APOO ADJ.JOURNAL 40. IN 129 Rw 7/77) SEE INSTRUCTIONS ON REVERSE 910E 11 21 CONTRA COSTA COUNTY (/ APPROPRIATION ADJUSTMENT t T/C 27 ACCOUNT CODING I.DEPARTMENT OR ORGANIZATION UNIT Contra Costa County Fire Protection. District ORGANIZATION SUB-OBJECT 2. FIXED ASSET �DECAEASE� INCREASE OBJECT OF EXPENSE OR FIXED ASSET ITEM N0. ODANTITY 7100 4953 1200-gal Tankers 0014 44,680.00 7100 4953 1200-gal Tanker (Chassis) 0014 1 53,153.00 7100 4953 1200-gal Tanker (Buildup) 0014 1 61,742.00 7100 4956 Steady tone sirens 0051 2 767.00 7100 1044 Retirement E5tpense 160,342.00 APPROVED. 3. EXPLANATION OF REQUEST AUDIT, TRO' R Price increase for (3) 1200-gal tankers. B): Date Tanker buildup and chassis (included in 1982-83 COUNTY ADMINISTRATOR budget). Purchase of the tanker in the current By: Date G/—:;L/ budget will reflect a Substantial cost savings. Sirens needed for new Battalion Chief wildland BOARD OF SUPERVISORS units, Sefrerlmn Pnarn,Fandelt YES: kh"4-rdwee4,J;Hf6" NO: None On / 8/198 J.R. OL,SSOj1,CLERK _ 4.� Fire Chief 6/l/82 SIBNA E TI Ta p oP GATE By: APPROPRIATION ADJ.JOURNAL 4 0. (M lts R. 7/77) SEE INSTRUCTIONS ON REVERSE SIDE �: 22 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8. 1982 by the following vote: AYES: Supervisors Powers, Fanden, and Schroder. NOES: None. ABSENT: Supervisors Torlakson and McPeak. ABSTAIN: None. SUBJECT: Completion of Improvements, ) RESOLUTION NO. 82/651 Drainage Improvement Agreement ) for Subdivision 5500, ) Oakley Area. ) The Public Works Director having notified this Board that the improve- ments in Subdivision 5500 have been completed as provided in the Drainage Improvement Agreement with Albert D. Seeno Construction Co. heretofore approved by this Board in conjunction with the filing of the Subdivision Map; and NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED for the purpose of establishing a six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT SURETY November 12, 1980 Employer's Ins. of Wausau 065149-038546C BE IT FURTHER RESOLVED that the $2,251 cash deposit (Auditor's Deposit Permit No. 35562, dated NOVEMBER 10, 1980) made by Albert D. Seeno Construction Co. be RETAINED for a seven month warranty period pursuant to the requirements of Section 94-4.406 of the Ordinance Code. I hery±,Y certllY lhet this Is a true end correct ca,py of an action*ken and entered on the minutes of tNo 8oa+41 of&+pervis"on the date shown.. ATTESTED:__JUN 8 12U J.R. CLSSON, COUNTY CLERK and ex oNfclo Clerk of tho Boaist E Deputy Originator: Public Works (LD) cc: Public Works - Accounting - Des./Const. - Maint. Albert D. Seeno Construction Co. 4300 Railroad Ave. Pittsburg, CA 94565 Employer's Ins. of Wausau P. 0. Box 7847 San Francisco, CA 94120 • L' 23 RESOLUTION NO. 82/651 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, and Schroder. NOES: None. ABSENT: Supervisors Torlakson, Mc Peak. ABSTAIN: None. SUBJECT: ) RESOLUTION N0. 821652 Completion of Improvements, Subdivision 5544, } Orinda Area. ) The Public Works Director having notified this Board that the improve- ments in Subdivision 5544 have been completed as provided in the agreement with Tri-Smith Co. heretofore approved by this Board in conjunction with the filing of the Subdivision Map; and NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED for the purpose of establishing a six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT SURETY May 13, 1980 Fidelity and Deposit Co. of Maryland 6047668 BE IT FURTHER RESOLVED that the $1,000 cash deposit (Auditor's Deposit Permit No. 29855, dated May 5, 1980) made by Tri-Smith Co. be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code. r horaGycBNft,+ihsi this is a true and canvctcopy of .:n arAion teken and entered on tho minwas�i the board of supar•isvrs on tho darn shown. ATTESTEV: ,JUN 8 1982 dR. OLSSCN,COUNTY'CLERK and ex officio Clerk ci tho Boats;! Originator: Public Works (LD) cc: Public Works - Accounting - Des./Const. Tri-Smith Co. P. 0. Box 4730 Walnut Creek, CA 94596 Fidelity & Deposit Co. of Maryland 255 California St. San Francisco, CA 94111 24 RESOLUTION NO. 82/652 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8. 1982 by the following vote: AYES: Supervisors Powers, Fanden, and Schroder. NOES: None. ABSENT: Supervisors Torlakson and McPeak. ABSTAIN: None. SUBJECT: 82/653 Completion of Improvements, ) RESOLUTION NO. Subdivision MS 125-77, } Alamo Area. ) The Public Works Director having notified this Board that the improve- ments in Subdivision MS 125-77 have been completed as provided in the agreement with John 0. Galletti heretofore approved by this Board in conjunction with the filing of the Subdivision Map; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to arrange with the County Treasurer to release and return the Certificate of Deposit (Auditor's Deposit Permit No. 28843, dated April 1, 1980) in the amount of $1,850 ($900 for Faithful Performance and $950 for Labor and Materials) to John 0. Galletti. BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund the $1,000 cash security for performance (Auditor's Deposit Permit No. 28842, dated April 1, 1980) to John 0. Galletti pursuant to the requirements of the Ordinance Code. I hereby certify that this is a true acrd eorreatcepyot an action then and entered on the minutes of tM So&V of Supervisors an the date shown. ATTESTED: -11IN a 1QR9 J.R.OLSSON,COUNTY CLERK and ex officio Clerk or tho Soa(V Fsputy Originator: Public Works (LD) cc: Public Works - Accounting - Des./Const. John 0. Galletti 150 Las Quaebradas Lane Alamo, CA 94507 2 RESOLUTION NO. 82/653 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982, by the following vote: AYES:- supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: VACATION of Point of ) RESOLUTION NO. 82/654 Timber Road Right of ) Resolution of Intention to Way, East County ) Vacate Highway Vacation No. 1891 ) S.&H. Code Sec. 8320 & 8321) The Board of Supervisors of Contra Costa County RESOLVES THAT: Pursuant to Chapter 3, "General Vacation Procedure," of Part 3 of Division 9 of the Streets and Highways Code, this Board declares its intention to vacate the hereinafter described County highway. For a description of the portion to be vacated, see Exhibit "A" attached hereto and incorporated herein by this reference. This proposed vacation is generally located in the area of the East County. A map of the portion to be vacated is on file in the Public Works Department. It fixes Tuesday, July 20, 1982 at 10:30 a.m. (or as continued) in its Chambers, Administration Building, 651 Pine Street, Martinez, California, as the time and place for hearing evidence offered by any interested party as to whether this is unnecessary for present or prospective public use. The Clerk shall have notice of this matter published in the Antioch Daily Ledger, a newspaper of general circulation published and circulated in this County, which is selected as the newspaper most likely to give notice to persons interested in the proposed vacation, for at least two successive weeks before the hearing in accordance with Streets and Highways Code, Section 8322. The Clerk shall also have said notice posted conspicuously along the line of this proposed vacation at least two weeks before the hearing, in accordance with Streets and Highways Code, Section 8323. Orig. Dept.: Public Works (TP) thereby cartifythat this isatrue andcorrectoopyof cc Auditor-Controller an action taken and anterod on the miduaa of the Board of Supervisors oq,t g date 19 2 County Counsel J UIV Draftsman (4) ATTESTED: Planning J.R.OLSSON,COUNTY CLERK Contra Costa Water Dist. and ex officio Clerk of theBo&# East Bay Municipal Water Dist. Oakley Co. Water Dist. Stege Sanitary Dist. By ,Deputy West CC Sanitary Dist. PG&E, Land Dept. Lf PT&T, R/W Supv. Public Works-Real Property v9.timber.t5 RESOLUTION NO. 82/654 _ U . 2s EXHIBIT A PARCEL A —� A portion of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township I North;-Range 3 East, Mount Diablo Meridian, also being a portion of that parcel of land described in the relinquishment by the State of California to the County of Contra Costa recorded December 22, 1977 in Book 8642 at page 104 of Official Records of said County desribed as follows: Beginning at the northerly terminus of the course "North 0045110" West 25.57 feet" as described in the deed to Rowena Stubbs Anderson, recorded June 25, 1975 in Book 7548 at page 595 of Official Records of said County; thence, along the northerly line of said Anderson parcel (7548 OR 595) North 89014'50" West 146.00 feet to a point on the northerly line of State Highway Number 4, described as Parcel 1 in the deed recorded June 8, 1973 in Book 6965 at page 620 of Official Records of said County, from which point a radial line of a c8rve concave to the south having a radius of 850.00 feet bears South 20 30'10" West; thence, n&rthwesterly along the arc of said curve, through a central angle of 7 17'45" a distance of 108.24 feet to a point of cusp with the northerly line of said relinquish- ment; thence, alSng said northerly line of said relinquishment (8642 OR 104) South 89 14'50" East 546.01 feet; thence, leaving said northerly line of said relinquishment (8642 OR 104) South 0°57'26" West 30.00 feet to the southerly line of said Section 21; thence, along said southerly section line North 89°14'50" West 295.98 feet to the point of beginning. Containing an area 14,695 square feet or .34 acre of land more or less. Bearings and distances in this description are on the California Coordinate System Zone III. To obtain ground distance, multiply given distance by 1.0000672. I. RESERVING unto Pacific Gas and Electric Company any existing easement and/or franchise right at any time, or from time to time, to construct, maintain, operate, replace, remove, renew, enlarge the existing public utility facilities; namely, electric lines and facilities incidental thereto, including access to protect the property from all hazards, in, upon, and over the highway herewith abandoned. II. RESERVING all of the above Parcel A as a right of way (not to be exclusive) for use as a roadway for vehicles of all kinds, pedestrians and animals, and as a right of way for water, gas, oil and sewer pipe lines and for telephone, electric light and power lines together with the necessary poles or underground conduits to carry said lines for the parcel of land described in deed to Rowena Stubbs Anderson recorded June 25, 1975 in Book 7548 of Official Records at page 595, Records of Contra Costa County. 2'7 III. RESERVING the easterly 30 feet of the above Parcel A as a right of way (not to be exclusive for use as a roadway for vehicles of all kinds, pedestrians and animals, and as a right of way for water, gas, oil and sewer pipe lines and for telephone, electric light and power lines together with the necessary poles or underground conduits to carry said lines for a strip of land 25.57 feet in width, right angle measure, adjoining and lying southerly of the northerly section line of said Section 28 (T 1 N, R. 3 E, MDM), said strip of land being bounded on the east by Byron Highway (124 feet in right of way width) and on the west by the parcel of land described in deed to Rowena Stubbs Anderson recorded June 25, 1975 in Book 7548 of Official Records at page 595, Reocrds of Contra Costa County. timber.ex.a.t5 2 : 28 EXHIBIT A J S PARCEL B A portion of the Northeast 1/4 of the Northeast 1/4 of Section 28, Township 1 North, Range 3 East, Mount Diablo Meridian, also being a portion of the parcel-of land described in the abandonment by the State of California, recorded October 24, 1975 in Book 7666 at page 759 of Official Records of Contra Costa County described as follows: Beginning at the southerly terminus of the course "North 0002134" West 6.73 feet" as described in the deed to the State of California recorded June 8, 1973, in Book 6965 at page 620 of Official Records of Contra Costa County, said terminus being on the general northerly line of Parcel 1 of said deed to said State (6965 OR 620); thence, along said course, North 0002'34" West 6.73 feet; thence, leaving said general northerly line South 89014'50" East 295.89 feet to the westerly line of Byron Highway, said westerly line being also the course designated as "South 0057'26" West 177.51 feet" for Parcel 1 in the State of California Relinquishment Number 40318, recorded December 22, 1977 in Book 8642 at page 104 of Official Records of said County; thence, along said relinquishment line South 0057'26" West 151.94 feet; thence, South 64013155" West 29.46 feet to the easterly corner of the parcel of land described in the deed to R. S. Anderson, recorded June 25, 1975 in Book 7548 at page 595 of Official Records of said County, from which corner a radial line of a curve concave to the southwest having a radius of 351.98 feet bears South 57033149" West; thence, along the general northerly line of said Anderson parcel (7548 OR 595) being northwesterly along the arc of a curve with a radius of 351.98 feet, through a central angle of 52037148" a distance of 323.31 feet to the point of beginning. Containing an area of 19,650 square feet of .45 acre of land more or less. Bearings and distances in this description are based on the California Coordinate System Zone III. To obtain ground distance multiply given distance by 1.0000672. RESERVING AND EXCEPTING THEREFROM, insofar as such utilities may exist on the date of recording of this vacation, pursuant to the provisions of Section 8340 of the State of California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over the area hereinbefore described to be vacated. timber.ex.b.t5 P11-5Y 29 EXHIBIT A -� PARCEL C A portion of the Northeast 1/4 of the Northeast 1/4 of Section 28, Township 1 North, Range 3 East, Mount Diablo Meridian, also being a portion of the parcel of-land described in the abandonment by the State of California, recorded October 24, 1975 in Book 7666 at page 759 of Official Records 7- of Contra Costa County, described as follows: Beginning at the northern terminus of the course described as "South 0045'10" West 25.57 feet" in the deed to Rowena Stubbs Anderson recorded June 25, 1975 in Book 7548 at page 595 of Official Records of Contra Costa County, said terminus also being on the northern line of said Section 28; thence, from said point of beginning along said northerly line of said Section 28 South 89014'50" East 295.98 feet to a point on the westerly line of Byron Highway said westerly line being also the course designated as "South 0057'26" West 177.51 feet" for Parcel 1 in the relinquishment by the State of California recorded December 22, 1977 in Book 8642 at page 104 of Official Records of said County; thence, leaving said northerly line of said Section 28 and along said relinquishment (8642 OR 104) South 0057'26" West 25.57 feet; thence, leaving said relinquishment line (8642 OR 104) North 89014'50" East 295.89 feet to a point on the general northeast line of said Anderson parcel (7548 OR 595); thence, North 0045110" East 25.57 feet to the point of beginning. Containing an area of 7,567 square feet or .17 acre of land more or less. Bearings and distances in this description are based on the California Coordinate System Zone III. To obtain ground distances, multiply given distance by 1.0000672. RESERVING AND EXCEPTING THEREFROM, insofar as such utilities may exist on the date of recording of this vacation, pursuant to the provisions of Section 8340 of the State of California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over the area hereinbefore described to be vacated. timber.ex.c.t5 / L 30 1.�. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Approval of the Road Improvement ) RESOLUTION NO. 82/655 Agreement for Development Permit ) 3019-80, ) El Sobrante Area. ) The following document was presented for Board approval this date: A Road Improvement Agreement with Samuel P. & Genevieve R. Klobas, developer, whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement; Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a corporate surety bond dated April 20, 1981, and issued by The Continental Insurance Co. (Bond No. BND 220 01 12) with Samuel P. & Genevieve R. Klobas as principal, in the amount of $10,600 for faithful performance and $5,300 for labor and materials. NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. 1 hereby Certify that this*a true and correetcepyor An eeti0n taken and entered on the mMutes of the Board of Supervisors on the date shown. ATTESTED: JUN 81982 J.R.OLSSON,COUNTY CLERK and ex offJclo Clerk of fire Board BY— Deputy Originator: Public Works (LD) cc: Director of Planning Public Works - Des./Const. Reeerder Samuel P. & Genevieve R. Klobas 5481 Olinda Road E1 Sobrante, CA 94803 The Continental Insurance Co. 100 Pine St. San Francisco, CA 94111 U 3 1 RESOLUTION N0. 82/655 • J, 1v THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982, by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: In the Matter of Application ) to LAFCO for Annexation to ) RESOLUTION NO. 82/656 County Service Area L-42 of ) Assessment District 1980-4. } WHEREAS the Public Works Director has recommended that the properties within the boundaries of Assessment District 1980-4 be annexed to County Service Area L-42 for the purpose of receiving street lighting service; NOW THEREFORE, this Board of Supervisors of Contra Costa County RESOLVES that: Section 1. Application and a proposal is hereby made to the local Agency Formation Commission of Contra Costa County for a change of organization as follows: a) This proposal is made pursuant to the District Reorganization Act of 1965, commencing with Section 56000 of the Government code, b) The nature of the proposed change of organization is annexation of affected territory to County Service Area L-42. c) Affected territory is as described in the attached Exhibit A and is legally inhabited in accordance with the definition set forth in Government Code Section 56045; and d) Annexation would allow the Service Area to provide street lighting to the affected territory. Section 2. Application is hereby made for local Agency Formation Commission of Contra Costa County to initiate proceedings on this annexation request. t hereby cWify that thls/s a true and owoct w"of an action akar,and entered an the mbttlw of the Board of Supervisors on the date shown. ATTESTED: JUN 81982 J.li.OLSSON,COUNTY CLERK and ex officio Clerk of the Board Orig. Dept.: Public Works Traffic Operations � � BY �1Ji-j..CS.11 ,Deputy cc: Land Development LAFCO RESOLUTION NO. 82/656 32 THAT PARCEL OF LAND IN THE UNINCORPORATED AREA OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF-THE RANCHO SAN RAMON. DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT LAND CONVEYED FROM BESSIE PELISMINA DUBOST AND MARY ELLEN LAWLEY TO THOMAS P. JOAQUIN AND MURIEL JOAQUI14 BY DEED RECORDED ON DECEMBER 30, 1966, IN BOOK 5275, AT PAGE 157 OFFICIAL RECORDS OF CONTRA COSTA COUNTY, CALIFORNIA; THENCE ALONG THE FOLLOWING COURSES: 1. THENCE SOUTH 1546138" EAST 84.23 FEET; 2. THENCE SOUTH 20' 28'11" EAST 250.92 FEET; 3. THENCE SOUTH 17'03'16" EAST 197.25 FEET; 4. THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS 500.00 FEET THROUGH A CENTRAL ANGLE OF 26 53'16", AN ARC LENGTH OF 234.64 FEET; 5. THENCE SOUTH 09 50'00" WEST 619.73 FEET; • 6. THENCE ALONG,A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 225.00 FEET THROUGH A CENTRAL ANGLE OF 41 10'07", AN ARC LENGTH OF 161.67 FEET; 7. THENCE SOUTH 5f 00'07" WEST 216.55 FEET TO A POINT IN THE NORTH RIGHT-OF-WAY OF CROW CANYON ROAD; 8. THENCE SOUTH 26° 03'31" EAST 131.14 -FEET TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF CROW CANYON ROAD; 9. THENCE NORTH 78025'22- EAST 183.99 FEET; 10. THENCE ALONG A TANGE14T CURVE TO THE RIGHT WITH A RADIUS OF 250.00 FEET THROUGH A CENTRAL ANGLE OF 47 10'38", AN ARC LENGTH OF 205.85 FEET; 11. THENCE SOUTH 54' 24'GO" EAST 486.22 FEET; 12. THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 500.00 FEET THROUGH A CENTRAL ANGLE OF Z57'14-, AN ARC LENGTH OF 226.49 FEET; 13. THENCE SOUTH 28`26'46" EAST '238.77 FEET; 14. THENCE SOUTH 22 12'42' EAST 1021.77 FEET; 15. THENCE SOUTH 12°46'30" EAST 36.95 FEET; EXHIBIT A (Page #1) CFS:HF cn�r,�raria. �a�656 �' 33 16. THENCE SOUTH 20"52'07" EAST 38.00 FEET; 17. THENCE SOUTH 29 05'32" EAST 39.40 FEET; 18. THENCE SOUTH 20'52107" EAST 1285.33 FEET; 19. THENCE SOUTH 62'48'18' HEST 72.76 FEET TO THE CENTERLINE OF SAN RAMON VALLEY BOULEVARD; c 20. THENCE ALONG SAID CE14TERLINE NORTH 2J11'42' WEST 712.40 FEET; -- 21. THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 4,000.00 FEET THROUGH A CENTRAL ANGLE OF 0'44-51', AN ARC LENGTH OF 52.20 FEET; 22. THENCE NORTH 27°56'33" HEST 501.88 FEET; 23. THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 4,000.00 FEET THROUGH A CENTRAL ANGLE OF 1 09103", AN ARC LENGTH OF 80.35 FEET TO THE INTERSECTION OF THE CENTERLINE OF SAN RAMON VALLEY BOULEVARD WITH THE CENTERLINE OF NORRIS CANYON ROAD; 24. THENCE ALONG THE CENTERLINE OF NORRIS CANYON ROAD SOUTH 68 58'32" WEST 766.24 FEET; 25. THENCE ALONG A TANGENT CURVE TO THE LEFT 17ITH A RADIUS OF 1,200.00 FEET THROUGH A CENTRAL ANGLE OF 14`55'23", AI7 ARC LENGTH OF 312.55 FEET TO THE INTERSECTION OF THE CENTERLINE - OF NORRIS CANYON ROAD WITH THE CENTERLINE OF TWIN CREEKS DRIVE; 26. THENCE ALONG THE CENTERLINE OF TWIN CREEKS DRIVE NORTH 28 28'03" 17EST 455.63 FEET; ` 27. THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 637.95 FEET-THROUGH A CENTRAL ANGLE OF 17`18'10", AN ARC LEI9GTH OF 192.66 FEET; 28. THENCE ALONG A TANGENT REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 661.94 FEET THROUGH A CENTRAL ANGLE OF 20 31'23", AN ARC LENGTH OF 237.11 FEET; 29. THENCE NORTH 25`14'50" WEST 609.92' FEET; 30. THENCE ALONG A TANGENT CURVE TO TO THE RIGHT'WITH A RADIUS OF 629.95 FEET THROUGH A CENTRAL ANGLE OF 12'00'00", AN ARC LENGTH OF 131.94 FEET; 31. THENCE NORTH 13°14150" WEST 156.14 FEET; _ 32. THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 629.95 FEET THROUGH A CENTRAL ANGLE OF 12'00"00", AN ARC LENGTH OF 131.94 FEET; CFS:HF 2/24/82 81-783 EXHIBIT A (Page #2) 34 ,,;i1rI0tJ N0. 7,q/6,56 33. THENCE CONTINUING ALONG THE CENTERLINE OF TWIN CREEKS DRIVE TO A POINT IN THE NORTH RIGHT-OF-WAY OF CROW CANYON ROAD; NORTH 25"14'50" WEST 285.50 FEET; 34. THENCE SOUTH 74`55'05' WEST 229.50 FEET; 35. THENCE NORTH 24'58'30" EAST 401.32 FEET; 36. THENCE NORTH 56'03'30" EAST 69.47 FEET; 37. THENCE NORTH 57'05'06" EAST 66.68 FEET; 38. THENCE NORTH 03'54'18" EAST 165.66 FEET; 39. THENCE SOUTH 39'55'20" NEST 0.40 FEET; 40. THENCE NORTH 03'56115" BAST 69.43 FEET; 41. THENCE NORTH 60`26'37" EAST 426.75 FEET; 42. THENCE NORTH 26 12 09" EAST 189.40 FEET; 43. THENCE NORTH 25'44'51" NEST 131.74 FEET; 44. THENCE NORTH 60'18'18- NEST 70.61 FEET; 45. THENCE NORTH 00'43'18" NEST 441.57 FEET; 46. THENCE NORTH 00' 30'00" EAST 30.00 FEET TO THE CENTERLINE OF OLD CROW CANYON ROAD; 47. THENCE SOUTH 69'30'00" EAST 22.71 FEET; 48. THENCE NORTH 00030'00" EAST 166.60 FEET; 4*9. THENCE NORTH 86` 38'00" EAST 245.66 FEET TO A POINT ON THE CEI:TERLINE OF SAN RAMON VALLEY BOULEVARD; 50. THENCE SOUTH 19' 57'09" EAST 49.81 FEET; 51. THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 4,000.00 FEET THROUGH A CENTRAL ANGLE OF 1 58'50", AN ARC LENGTH OF 138.29 FEET; 52. THENCE NORTI 16'35-30- EAST 353.89 FEET TO THE POINT OF BEGINNING; CONTAINING 94.591 ACRES, MORE OR LESS. CFS:HF 2/24/82 81-783 EXHIBIT A (Page #3) RESOLUTION tjo. ��/�S6 35 of gw k , } �a g$ k ;, Q �t m T? Er' j4! Ri LidZ ; Z , Zo fg o Rkv a J S z ,,,o -� o . v, O — '' � � - a L a ;Lty � /V Ca r4_ rq � BOULEVARD 3 En fi# (Lnn Z >a[T7 0 �<> Z o 0 8;�a No -i n 2 M EXHIBIT A (Page #4) j;a »� o m > a° n� a �> EXHIBIT A 4i RESOLUTION NO. / �b �� ss 2c© i O • � i iz m : z'^ : O �Ia) ~6 © 2J V 31 n p g �$® O� 1 '' fit. A N T E R _ N Ln n Q, fTi 9 ^X Z o as �o Ut a EXHIBITA CPage +a qa CD a�2, z S� O . c 3'7 REsoLurr�ra 73A56 t� ♦� N • m ' N in i - k t —_� SAN RAMON VALLEY BOULEVARD _ HE N ha 40v+ n m I N TE R S TATE@ 6 8 00 i ' ArAr b rd ~ Ln INTERSTATE 680 cA =gLnn rn jJ e i in 1.5 G 1 (5 rN _ 7 po zt '= LA tD az n EXHIBIT A (Page #6) _ p mf5 = r 4+ a RESOLUTION NO. �' ��St� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUIM, CALIFORNIA Adopted this Order on June 8, 1982, by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Naming the Industrial Access Road ) Waterbird Way in the Vine Hill ) RESOLUTION NO. 82/657 Area of Martinez Following completion of the Industrial Access Road in February 1982, it seemed appropriate to consider something other than "Industrial Access Road" for the name of this long-awaited access road. In March 1982, Supervisor Nancy C. Fanden asked David Delahanty, Principal, Las Juntas Elementary School, if he would be interested in having his students submit ideas for the ultimate name of this roadway. By the end of March 1982, the students at Las Juntas Elementary School submitted a list of possible names for the new roadway. Three of the names suggested are Waterbird Way, Conservation Road, and Seagull Avenue. Public Works Department staff reviewed the suggestions and the Public Works Director recommends that Waterbird Way is the most appro- priate name for this roadway. NOW THEREFORE BE IT RESOLVED that the recommendation of the Public Works Director is hereby APPROVED, and the road known as the Industrial Access Road is hereby named WATERBIRD WAY beginning at the intersection of Waterfront Road and extending southerly a distance of 1.01 miles. 1 berebycertify that this b e truo andconactcopyo/ on action taker and onto.ad or the mkwtu of the Board Of Supel7130r JUNOn the dOfO shown. ATTESTED: J.R.OLSSCN,COUNTY CLERK and ox Officio Clerk of tltr BOerd Orig. Dept.: Public Works Traffic Operations Oep� By cc: Public Works Department Acme Corporation, P.O. Box 1108, Martinez, CA 94553 Industrial Tank Corp., 4575 Pacheco Blvd, Martinez, CA 94553 Shell Oil Co., P.O. Box 711, Martinez, CA 94553 Director of Planning PW-Traffic Operations PW-Design/Cosntruction Thomas Bros. Maps Recorder RESOLUTION NO. 82/657 39 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982, by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, Schroder NOES: None ABSENT: Supervisor 14cPeak ABSTAIN: None SUBJECT: Approve Escrow Agreement to ) 82/658 Deposit with Wells Fargo Bank ) RESOLUTION NO. the Project Cost of Improving ) State Highway 4 from East of ) Byron Highway to 0.2 mile ) East of Bixler Road. ) The State of California, Wells Fargo Bank, and the County of Contra Costa having proposed an Escrow Agreement to provide for deposit by the County with the Bank the estimated project cost of two hundred and fifty-five thousand dollars ($255,000) to widen the existing State Highway 4 from east of Byron Highway to 0.2 mile east of Bixler Road in the Discovery Bay Area; and The accumulated funds of the State Route 4 - Discovery Bay Area of Benefit Trust Fund (No. 8190) being adequate for the proposed deposit; and The Public Works Director having recommended its approval and execution, The Board of Supervisors RESOLVES that the said Escrow Agreement is APPROVED and that Sunne McPeak, Chair, is AUTHORIZED to execute said agreement on behalf of the County. 1 hereby codify that this Ise true endcomecteopyof an action taken and entered on the mAtaln of the Board of Supervisors on the date shown. ATTESTED. JUN 81982 J.R. OLSSON,COUNTY CLERK and ex officio Clerk of the Boetd ORIG. DEPT.: Public Works Transportation Planning -.-. De cc: CAL7RANS (via PW) By Ply (5 certified copies) Public Works, Accounting Auditor-Controller County Administrator Wells Fargo Bank (via PW) res.imp.sr4.t5 RESOLUTION NO. 82/658 40 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Retirement ) of Judge Louis L. Edmonds ) RESOLUTION NO. 82/659 ) WHEREAS the Honorable Louis L. Edmunds, Presiding Judge of the Mt. Diablo Court, has announced his retirement effective June 1, 1982; and WHEREAS Judge Edmunds was born and raised in Crockett where he attended local schools graduating from the University of California at Berkeley; and WHEREAS following service in World War II as a Navigator Captain in the Army Air Corps he returned to college graduating from Hastings School of the Law in 1952; and WHEREAS Judge Edmunds then joined the late Judge Joe Genser as a partner in a Richmond law firm and then in September 1954 was appointed by the Board of Supervisors of Contra Costa County as a Justice Court Judge in Rodeo; and WHEREAS on May 6, 1972, he was appointed Municipal Court Judge of the Mt. Diablo Judicial District where his intelli- gence, sense of humor, patience, efficiency, wisdom and respect for others deeply influenced the development of the Mt. Diablo Court; and WHEREAS Judge Edmunds resides in Concord with his wife, Alta, retired Clerk-Administrator of the Vallejo Municipal Court; IT IS THEREFORE BY THIS BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVED that the Board expresses its sincere appreciation to the Honorable Louis L. Edmunds on behalf of the citizens of this County for his years of dedicated service and wishes him well in his retirement. ADOPTED by unanimous vote of the Board on June 8, 1982. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 8th day of June, 1982. J. R. OLSSON, Clerk By G . eputy Clerk cc: Supervisor S. W. McPeak County Administrator Public Information Officer RESOLUTION No. 82/659 41 r. CCb-22f RESOLUTION NO. 82/660 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CALIFORNIA ACCEPTING THE BID OF CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION TO PURCHASE REAL PROPERTY AND LEASE BACK SAID REAL PROPERTY TO THE COUNTY; AUTHORIZING ACCEPTANCE OF DEED OF GIFT OF PROPERTY FROM SAID CORPORATION; AUTHORIZING EXECUTIOt. OF FACILITY LEASE/PURCHASE AGREEMENT BETWEEN THE COUNTY AND SAID CORPORATION; AUTHORIZING EXECUTION OF TRUST AGREEMENT BETWEEN THE COUNTY, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION AND SAID CORPORATION; APPROVING THE FORMATION AND DIRECTORS OF SAID CORPORATION; APPROVING FORM OF CERTIFICATE PURCHASE AGREEMENT; APPROVING FORM OF OFFICIAL STATEMENT DESCRIBING CERTIFICATES OF PARTICIPATION IN FACILITY LEASE/PURCHASE AGREEMENT; AUTHORIZING ASSIGNMENT OF BOND COUNSEL'S CONTRACT; AND AUTHORIZING THE EXECUTION OF NECESSARY CERTIFICATES. WHEREAS, this Board of Supervisors has heretofore determined that the public interest, convenience and general welfare require the sale of the County' s interest in certain real property generally known as 2425 Bisso Lane, Concord, California; RESOLUTION NO. c� �6U t 42 WHEREAS, pursuant to and in accordance with the Government Code of the State of California, this Board of Supervisors heretofore by resolution determined to sell the County' s interest in certain real property now owned by the County and generally known as 2425 Bisso Lane, Concord, California (the "2425 Bisso Lane Property" or "the property") , on the conditions that the accepted bidder shall -be required to (a) make the deposit into escrow of the purchase price of the 2425 Bisso Lane Property and the deposit of certain additional amounts required by the hereinafter referred to bidding documents, (b) accept a grant deed from the County of the County' s title to the 2425 Bisso Lane Property, (c) execute and deliver to the County a deed of gift vesting title in said property in the County, subject to the hereinafter mentioned facility lease/purchase agreement, and (d) lease said property back to the County, under a facility lease/purchase agreement, and upon certain other terms and conditions prescribed by the County, and solicited competitive bids therefore; WHEREAS, notice inviting competitive bids for said sale, in the manner heretofore provided in said resolution calling for bids, was duly given in accordance with applicable provisions of law; WHEREAS, the following bids were and are the only bids received in such competitive bidding, to wit: 2 - 43 PESO+L E iON NO. f,2-hk Facility Lease/Purchase Agreement Aggregate Base Bidder: Rental Payment Bid: 1. Contra Costa County Public Facilities Corporation $3,327,665.53 2. None 3. None WHEREAS, the bid of Contra Costa County Public Facilities Corporation, a California nonprofit corporation (herein called the "Corporation"), is the lowest responsible bid received in such competitive bidding; WHEREAS, the Corporation has been incorporated by a group of public spirited citizens of the County of Contra Costa for the specific and primary purpose of providing financial assistance to the County of Contra Costa by financing the acquisition, construction, improvement and remodeling of public buildings and facilities; WHEREAS, by its Articles of Incorporation and by its Bylaws no part of the net earnings, funds or assets of said Corporation shall inure to the benefit of any director thereof or any other person, firm or corporation, except the County of Contra Costa; and WHEREAS, said resolution calling for bids for said sale provided that the accepted bidder will be required to 3 t 44 RESOLUT:-ON No. 7al"O deposit with a bank or trust company selected by the County certain amounts of money to provide security for any holders of lease participation certificates or any lender of funds to the accepted bidder and to pay costs incurred by the County in connection with the transaction, and it is necessary and desirable that a Trust Agreement be executed between the County, a trustee and the Corporation to provide for the deposit and disbursement of said funds; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisurs of the County of Contra Costa, as follows: 1. All of the recitals herein contained are true and correct and this Board of Supervisors so finds. 2. The bid of the Corporation shall be and it is hereby accepted, and the sale is awarded to the Corporation. The Chair and the Clerk of the Board of Supervisors are authorized and directed to execute and deliver the grant deed entitled "Grant Deed (2425 Bisso Lane Office Building), " from the County to the Corporation, the acceptance attached to the deed of gift, dated as of June 1, 1982 and entitled "Certificate of Acceptance, " the lease purchase agreement, dated as of June 1, 1982 and entitled "Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building) , " from the Corporation to the County, and the trust agreement, dated as of June 1, 1982 and entitled "Trust Agreement, " between the County, Bank of America National Trust and Savings Association, as trustee, and the Corporation, in 4 1L 45 s-iESCLUTiON NO. 8,2/660 substantially the forms submitted to this Board of Supervisors and hereby approved. The Clerk of the Board of Supervisors is directed to file a copy of each such document with the minutes of this meeting. 3. The Corporation and its formation are hereby approved and the directors of the Corporation, namely, J. Michael Bowhay, Linton L. Emerson, Jr. , Gerald Feagley, 'Doug Offenhartz and John E. Whalen, are hereby approved. 4. The form of the certificate purchase agreement, dated as of June 1, 1982, entered into by the Corporation, Bank of America National Trust and Savings Association, as purchaser, and Bank of America National Trust and Savings Association, as trustee, submitted to this Board of Supervisors, and certificates of participation, in an aggregate principal amount of $1,900,000, proposed to be issued by the Trustee under said trust agreement to said purchaser, and the draft of an official statement, dated June 8, 1982, describing said certificates of participation, submitted to this Board of Supervisors, are hereby approved. The proposed sale of said certificates of participation by the Corporation, at the interest rates set forth in said purchase agreement, for cash at par value (less a discount of $37,984.20) is hereby approved. The Clerk of the Board of Supervisors is directed to file a copy of said proposed certificate purchase agreement with the minutes of this meeting. 5 46 RESOLUTION NO. J?d-1 ,0 5. The assignment by the County to the Corporation of the portion of the contract for the performing of legal services between Orrick, Herrington & Sutcliffe, A Professional Corporation, and the County, dated March 9, 1982, relating to said certificates of participation (the Corporation assuming the obligation to make payments due and to be due under such portion of the contract), be and it is thereby approved. The Chair and the Clerk of the Board of Supervisors are authorized and directed to execute appropri4te documents evidencing such assignment. 6. The Chair of the Board of Supervisors and the Clerk of the Board of Supervisors be and they are hereby authorized and directed to execute and deliver any and all certificates and representations, including signature certificates, no-litigation certificates, arbitrage bond certificates and certificates concerning the contents of the Official Statement distributed in connection with the sale of said certificates of participation, necessary and desirable to accomplish the transactions set forth above. 7. This resolution shall take effect from and after its date of adoption. 6 _r )N NO. F116GD t 47 PASSED AND ADOPTED this 8th day of June, 1982. air of the Board of Supervisors of the County of Contra Costa, State of California [Seal] Attest: J. R. OLSSON, Clerk By �-c.�,c �U �2 rj Deputy Clelfk of the Board Supery sa o Sr of the County of Contra Costa, State of California 7 RESOLUTION NO, �a G 60 48 CLERK'S CERTIFICATE I, J. R. OLSSON, Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify that 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 8th day of June, 1982, of which meeting all of the members of said Board of Supervisors had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that 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. e 49 RESCLUTION NO, WITNESS my hand and e seal of the County of Contra Costa this 8th day of June 1982. lerk of the Board of Supervisors of the County of Contra Costa, State of California [Seal l : Herrington & Sutcliffe ccOrrick, Bank of America County Administrator County Counsel Public Works Director Real Prop Management Lease Auditor-Controller Treasurer-Tax Collector 50 9 Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO; DOCUMENTARY TRANSFER TAX ......Computed on the consideration or value of property conveyed;OR ......Computed on the ernsideration or value less liens or amumbrances 2425 Bisso Lane Office Building remaining at time of sale. APN #112-280-004 Slgnatun of Declarem or Agent tleterminlnp tsx—Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California hereby GRANT(S) to CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, a California corporation the real property in the City of Concord County of Contra Costa State of California, described as For description see Exhibit"A" attached hereto and made a part hereof. STATE Of CALIFORNIA ACKNDWLMGEMENT - CONTRA COSTA COUNTY }u' By PUBLIC AGENCY (C.C.1191,1181,Jigs) Sunne Wright MCPeak who signed this document is re penana•,known to m and known mto e to be ove abstyled 01-1h) of the above namM pabl r eo epntion,agenry or Wilica'aubd,i-n of the state of Glilornu or behalf of said public body,•ed he/she/they peMn,lly appeared blare me today and acknaaladged to ma that said Wbl" bpd, uaraled this ttoosa,nL Dow.June tic.. CONTRA COSTA COUNTY Dated By: ,--�60',q* Chairman, Board of Supervisors STATE OF CALIFORNIA I COUNTY OF Attest: J. R. OLSSON, County Clerk On By- before me, the undersigned, a Notary Public in and for said Druty Cler State, personally appeared known to me to be the person—whose name subscribed to the within instrument and acknowledged that L. 51 "Muted the same. .1 WITNESS my hand and official seal. ,.'_✓LLITION NO. Signature (This area for official notarial —1) 1002(10/69) MAIL TAX STATEMENTS AS DIRECTED ABOVE •►s •►►►.s♦......►s ►►►••... ...► ••..•..............a a...►a a.a.. ' F-ounDERS TITLE company ; EXHIBIT "A" ORDER NO. 431829 • o , » The land referred to is situated in the State of California, County ; of Contra Costa, City of Concord and is described as follows: • PARCEL ONE: » Parcel "B" of Parcel Map filed April 16, 1976, in Book 44 of Parcel + Maps, page 20, Contra Costa County Records. • EXCEPTING THEREFROM: ► An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral substances below a point 500 feet below • the surface of said real property, together with the right to take, remove, mine and dispose of said oil, gas, casinghead gasoline and other hydrocarbons and minerals, as reserved in the deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as to an undivided 1/6 ` interest; and George Bisso, Edith I. B. Firpo, Louise Minns and Rose » Caperton, each as to an undivided 1/8 interest and recorded September 1, 1971, in Book 6468, Page 805, Official Records. - PARCEL TWO: A portion of Parcel "A" of Record of Survey filed November B, 1972, in Book 55 of Licensed Surveyors Maps, page 27, Contra Costa County Records, described as follows: Beginning at the most easterly corner of said Parcel "A" (55 L.S.M. 27) ; said point being the true point of beginning of this description; thence from said true point of beginning South 14' 25' 47" West, 212.11 feet to the most southerly corner of said Parcel "A" (55 L.S. M. 27); thence North 750 34' 13" West, 30.00 feet; thence North 14' 25' 47" East, 212.11 feet; thence South 75" 34' 13" East, 30.00 feet to the true point of beginning of this description. EXCEPTING THEREFROM: ` • (1) That portion thereof described in the Offer of Dedication to the * City of Concord, recorded April 12, 1977, in Book 8281, Page 66, Official Records, as follows: ` (Legal Description Continued) » » » » » • Page of Pages UFGI Oto 52 nZSCLUT1ON NO. � /G 0 sa............... ........ ............•............................ r� • .,�• FOunOERs TITLE company » • ORDER NO. 431829 ' » Beginning at the most easterly corner of said Parcel "A" (55 L.S.M. ' 27) ; thence South 14° 25' 47" West, 9.35 feet; thence along the are » of a non-tangent curve to the left, center of which bears South 331 31' 25" West, having a radius of 170 feet through a central angle of ; 100 25' 47"; an arc length of 30.95 feet; thence leaving said curve » on a non-radial line North 14° 25' 47" East, 1.94 feet; thence South ' + 751 34' 13" East, 30.00 feet to the true point of beginning. (2) An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral substances below a point 500 » feet below the surface of said real property, together with the right to take, remove, mine and dispose of said oil, gas, casinghead ; gasoline and other hydrocarbons and minerals, as reserved in the deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as to an undivided 1/6 interest; and George Bisso, Edith I. B. Firpo, Louise Minns and Rose Caperton, each as to an undivided 1/8 interest , and recorded September 1, 1971, in Book 6468, Page 805, Official Records. PARCEL THREE: The easement described in the deed from Irving Lutz, et al, to Duffel Financial and Construction Company, recorded August 10, 1978, in Book 8961, Page 294, Official Records, as follows: An ingress-egress and utility easement over a portion of Parcel "A" » of the Record of Survey, filed November 8, 1972, in Book 55 of Land Surveyor's Maps, at page 27, in the office of the Contra Costa County Recorder, more particularly described as follows: Beginning at the common corner to Parcel "A" & "B" (55 L.S.M. 27) on » the easterly right of way line of Stanwell Drive; the true point of beginning of this description; thence from said true point of beginning » South 75° 34' 13" East, 279.00 feet; thence North 14° 25' 47" East, 212.04 feet to a point on a curve on the southerly right of way of Bisso Lane; thence westerly along the arc of said curve having a radius of 170 feet the center of which bears South 16° 06' 55" West, through a central angle of 01" 41' 08" an arc length of 5.00 feet; thence tangent to said curve along the southerly right of way of Bisso Lane North 75° 34' 13" West, 19.00 feet; thence leaving said Bisso Lane right of way South 14° 25' 47" West, 198.75 feet; thence North 75° 34' 13" West, 255.00 feet to the easterly right of way line of Stanwell Drive; thence along the right of way line of Stanwell Drive South 141 25' 47" West, 13.36 feet to the true point of beginning » of this description. (Legal Description Continued) » » w page of 3 pages r a ...................................................................... OFG 1(110 RESOLUTION NO. 11l 53 IF*. rounDERS tITLE COMPUnY ORDER Na. 431829 PARCEL FOUR: The easement described in the deed from Irving Lutz, et al, to Duffel Financial and Construction Company, recorded August 10, 1978, in Book 8961, Page 296, official Records, as follows: An ingress-egress and utility easement over a portion of Parcel "B" of .the Record of Survey, filed November 8, 1972, in Book 55 of Land Surveyor's Maps, at page 27, in the office of the Contra Costa County Recorder, more particularly described as follows: Beginning at the common corner to Parcels "A" & "B" (55 L.S.M. 27) on the easterly right of way line of Stanwell Drive; thence from said point of beginning South 14' 25' 47" West, 10.64 feet; thence South 750 341 13" East, 227.00 feet; thence North 140 251 47" East, 3.64 feet; thence South 750 341 13" East, 15.00 feet; thence North 14" 251 47" East, 7.00 feet; thence North 750 341 14' West, 242.00 feet to the point of beginning of this description. • Page of 3 Pages orc-100 ArsOLUTj,30 NO. 0 54 CCb-9 DEED OF GIFT (2425 Bisso Lane Office Building) CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, a corporation incorporated under the laws of the State of California, Grantor, does by these presents grant to the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, Grantee, its successors and assigns forever, all of its right, title and interest in and to that certain real property in the County of Contra Costa, State of California, described in Exhibit A attached hereto and made a part hereof, together with all improvements thereon; reserving, however, in said Grantor, its successors and assigns, an estate for twenty years one month from June 1, 1982, in and to said property; subject, however, to the condition subsequent that if prior to July 1, 2002, the Grantee, as lessee under that certain Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building) between said Grantor, as lessor, and said Grantee, as lessee, dated as of June 1, 1982, shall either pay when due all Rental Payments (as such term is defined in said Agreement) or shall pay the Purchase Price (as such term is defined in said Agreement), the aforesaid estate for years reserved herein by said FHESOLU ION No. kJ6G o 55 Grantor shall terminate and title to the aforesaid real property, together with all improvements thereon, shall vest in said Grantee. Dated as of June 1, 1982. CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION President [Seal] Attest: Secretary 2 R_S0LL)T 10N N0. F�2- GG a L � i 56 EXHIBIT A All that certain real property situate in the State of California, County of Contra Costa, City of Concord, described as follows: PARCEL ONE: Parcel "B" of Parcel Map filed April 16, 1976, in Book 44 of Parcel Maps, page 20, Contra Costa County Records. Excepting therefrom: An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral substances below a point 500 feet below the surface of said real property, together with the right to take, remove, mine and dispose of said ail, gas, casinghead gasoline and other hydrocarbons and minerals, as reserved in the deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as to an undivided 1/6 interest; and George Bisso, Edith I. B. Firpo, Louise Minns and Rose Caperton, each as to an undivided 1/8 interest and recorded September 1, 1971, in Book 6468, Page 805, Official Records. PARCEL TWO: A portion of Parcel "A" of Record of Survey filed November 8, 1972, in Book 55 of Licensed Surveyors Maps, page 27, Contra Costa County Records, described as follows: Beginning at the most easterly corner of said Parcel "A" (55 L.S.M. 27); said point being the true point of beginning of this description; thence from said true point of beginning South 14° 25' 47" West, 212.11 feet to the most southerly corner of said Parcel "A" (55 L.S.M. 27); thence North 75° 34' 13" West, 30.00 feet; thence North 140 25' 47" East, 212.11 feet; thence South 750 34' 13" East, 30.00 feet to the true point of beginning of this description. Excepting therefrom: (1) That portion thereof described in the Offer of Dedication to the City of Concord, recorded April 12, 1977, in Book 8281, Page 66, Official Records, as follows: Beginning at the most easterly corner of said Parcel "A" (55 L.S.M. 27); thence South 14° 25' 47" West, 9.35 feet; thence along the arc of a non-tangent curve to the left, center of which bears South 33° 31' 25" West, having a radius of 170 feet through a central angle of 100 25' 47", an EXHIBIT A Page 1 of 3 RESOLUTION NO. ���b� 57 arc length of 30.95 feet; thence leaving said curve on a non-radial line North 140 25' 47" East, 1.94 feet; thence South 75° 34' 13" East, 30.00 feet to the true point of beginning. (2) An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral substances below a point 500 feet below the surface of said real property, together with the right to take, remove, mine and dispose of said oil, gas, casinghead gasoline and other hydrocarbons and minerals, as reserved in the deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as to an undivided 1/6 interest; and George Bisso, Edith I. B. Firpo, Louise Minns and Rose Caperton, each as to an undivided 1/8 interest and recorded September 1, 1971, in Book 6468, Page BOS, Official Records. PARCEL THREE: The easement described in the deed from Irving Lutz, et al, to Duffel Financial and Construction Company, recorded August 10, 1978, in Book 8961, Page 294, Official Records, as follows: An ingress-egress and utility easement over a portion of Parcel "A" of the Record of Survey, filed November 8, 1972, in Book 55 of Land Surveyor's Maps, at page 27, in the office of the Contra Costa County Recorder, more particularly described as follows: Beginning at the common corner to Parcel "A" & "B" (55 L.S.M. 27) on the easterly right of way line of Stanwell Drive, the true point of beginning of this description; thence from said true point of beginning South 75° 34' 13" East, 279.00 feet; thence North 14° 25' 47" East, 212.04 feet to a point on a curve on the southerly right of way of Bisso Lane; thence westerly along the arc of said curve having a radius of 170 feet the center of which bears South 16° 06' 55" West, through a central angle of 010 41' 08" an arc length of 5.00 feet; thence tangent to said curve along the southerly right of way of Bisso Lane North 750 34' 13" West, 19.00 feet; thence leaving said Bisso Lane right of way South 140 25' 47" West, 198.75 feet; thence North 750 34' 13" West, 255.00 feet to the easterly right of way line of Stanwell Drive; thence along the right of way line of Stanwell Drive South 140 25' 47" West, 13.36 feet to the true point of beginning of this description. EXHIBIT A Page 2 of 3 RESOLUTION NO. Y01660 U �U- 58 PARCEL FOUR: The easement described in the deed from Irving Lutz, et al, to Duffel Financial and Construction Company, recorded August 10, 1978, in Book 8961, Page 296, Official Records, as follows: An ingress-egress and utility easement over a portion of Parcel "B" of the Record of Survey, at page November 8, 1972, in Book 55 of Land Surveyor's Maps, 27, in the office of the Contra Costa County Recorder, more particularly described as follows: corner to Parcels "A" & "B" Beginning at the common (55 L.S.M. 27) on the easterly right of way ySlineouth of S25nw47° Drive; thence from said point of beginning West, 10.64 feet; thence South 750 34' 13" East, 227.00 feet; thence North feet; 25' 47" East, 3.64 feet; thence South 75° 34' 13" East, 15.00 feet; thence North 14° 25' 47" East,point feet; thence North this50 34' 14" West, 242.00 feet to the p of beginning of n. EXHIBIT A Page 3 of 3 ga-�GGo State of California ) ss- County of Contra Costa ) On this day of in the year 1982, before me, , a notary public in and for the State of California, duly commissioned and sworn, personally appeared , known to me to be the President, and known to me to be the Secretary, of CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal in the County of Contra Costa on the day and year in this certificate first above written. Notary Public in and for the State of California My commission expires: [Notarial Seal) RESOLUTION NO. S'al(,6C, �/ 60 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the document entitled Deed of Gift (2425 Bisso Lane Office Building) and dated as of June 1, 1982, from CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, a corporation incorporated under the laws of the State of California, to the COUNTY OF CONTRA COSTA, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the County of Contra Costa pursuant to authority conferred by Resolution No. adopted on , and recorded on , in Book , page _, Official Records of Contra Costa County, California, and the grantee consents to recordation thereof by its duly authorized officer. Dated: [SEAL) Clerk of the Board of Supervisors of Contra Costa County, California AESOLUTiON NO. CCb-10 FACILITY LEASE/ PURCHASE AGREEMENT (2425 Bisso Lane Office Building) between CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION and the COUNTY OF CONTRA COSTA Dated as of June 1, 1982 RESOLUTION NO. 660 61 TABLE OF CONTENTS Section page Parties . . . . . . . . . . . . . . . . . . . . . . . . . 1 Preambles . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I DEFINITIONS 1.01. Definitions . . . . . . . . . . . . . . . . . . . 1 ARTICLE II REPRESENTATIONS AND COVENANTS OF LESSEE 2.01. Representations and Covenants of Lessee 3 ARTICLE III LEASE OF PROJECT 3.01. Lease of Project . . . . . . . . . . . . . . 5 ARTICLE IV LEASE TERM 4.01. Commencement of Lease Term . . . . . . 5 4.02. Termination of Lease Term . . . . . . . . . . 5 ARTICLE V ENJOYMENT OF PROJECT 5.01. Quiet Enjoyment . . . . . . . . . . . . . . . . 6 ARTICLE VI RENTAL PAYMENTS 6.01. Rental Payments to Constitute a Current Expense of Lessee; No Pledge . . . . . . . . 7 6.02. Payment of Rental Payments . . . . . . . . . . . 7 6.03. Interest Component . . . . . . . . . . . . . . . 8 6.04. Rental Payments to Be Unconditional . . . . . . . 8 6.05. Continuation of Lease Term by Lessee . . . . . . 9 6.06. Nonappropriation . . . . . . . . . . . . . . . . 9 i 62 RE-SOLUTfON NO. O'�/�6 0 Section Page ARTICLE VII TITLE TO PROJECT; RIGHT OF ENTRY 7.01. Title to the Project . . . . . . . . . . . . . . 10 7.02. Right of Entry . . . . . . . . . . . . . . . . . 10 ARTICLE VIII MAINTENANCE; ..MODIFICATION; TAXES; INSURANCE AND OTHER CHARGES 8.01. Maintenance of Project by Lessee . . . . . . . . 10 8.02. Taxes and Other Governmental Charges . . . . . . 11 8.03. Utility Charges . . . . . . . . . . . . . . . . . 11 8.04. Changes to the Project . . . . . . . . . . . . . 11 8.05. Fire, Extended Coverage and Earthquake Insurance . . . . . . . . . . . . . . . . . . . 12 8.06. Liability Insurance . . . . . . . . . . . . . . . . 12 8.07. Rental Interruption or Use and Occupancy Insurance . . . . . . . . . . . . . . 13 8.08. Insurance Proceeds; Form of Policies . . . . . . 13 8.09. Advances . . . . . . . . . . . . . . . . . . . . 14 8.10. Liens . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE IX DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS 9.01. Damage, Destruction and Condemnation . . . . . . 15 9.02. Insufficiency of Net Proceeds . . . . . . . . . . 15 ARTICLE X CONDITION OF PROJECT; USE OF PROJECT 10.01. Condition of Project . . . . . . . . . . . . . . 15 10.02. Use of Project . . . . . . . . . . . . . . . . . 16 10.03. Tax Covenants . . . . . . . . . . . . . . . . . . .16 ARTICLE XI OPTION TO PURCHASE 11.01. Option . . . . . . . . . . . . . . . 16 ii +� 63 PESOLUTION N0. Section Page ARTICLE XII ASSIGNMENT, SUBLEASING, MORTGAGING, SELLING, AND INDEMNIFICATION 12.01. Assignment by Lessor . . . . 17 12.02. Assignment and Subleasing by Lessee . . . . . . . 17 12.03. Release and Indemnification Covenants . . . . . . 18 ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES 13.01. Events of Default Defined . . . . . . . . . . 19 13.02. Remedies on Default . . . . . . . . . . . . . . . 20 13.03. No Remedy Exclusive . . . . . . . . . . . . . 22 ARTICLE XIV MISCELLANEOUS 14.01. Notices . . . . . . . . . . . . . . . . . . . . . 22 14.02. Binding Effect . . . . . . . . . . . . . . . . . 22 14.03. Severability . . . . . . . . . . . . . . . . . . 23 14.04. Amendments . . . . . . . . . . . . . . . . . . . 23 14.05. Applicable Law . . . . . . . . . . . . . . . . . 23 14.06. Headings . . . . . . . . . . . . . . . . . . . . 23 14.07. Waiver . . . . . . . . . . . . . . . . . . . . . 23 14.08. Net Lease . . . . . . . . . . . . . . . . . . . . 23 14.09. Disclaimers . . . . . . . . . . . . . . . . . . . 23 14.10. Execution in Counterparts . . . . . . . . . . . . 24 Execution . . . . . . . . . . . . . . . . . . . . . . . . 24 EXHIBITS Exhibit A Legal Description . . . . . . . . . 26 B Schedule of Payments. . . . . . . 29 Acknowledgments . . . . . . . . . . . . . . . . . . . 30 RESOLUTION NO. ga/60 iii 64 FACILITY LEASE/PURCHASE AGREEMENT (2425 Bisso Lane Office Building) This Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building) (the "Agreement") , dated as of June 1, 1982, and entered into between CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION (herein called the "Lessor") , as lessor, and the COUNTY OF CONTRA COSTA, a political subdivision organized and existing under and by virtue of the laws of the State of California (herein called the "Lessee") , as lessee; W I T N E S S E T H WHEREAS, Lessor desires to lease the Project, as hereinafter defined, to Lessee and Lessee desires to lease the Project from Lessor subject to the terms and conditions of and for the purposes set forth in this Agreement; and WHEREAS, Lessee is authorized under the Constitution and laws of the State of California to enter into this Agreement for the purposes set forth herein; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereby agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Additional Rental Payments" means all amounts payable to Lessor or the Trustee from the Lessee as Additional Rental Payments pursuant to Section 6.02(b) . "Agreement" means this Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building) , including the Exhibits attached hereto, as originally executed or as it may from time to time be amended as provided for herein. "Base Rental Payments" means all amounts payable to Lessor from Lessee as Base Rental Payments pursuant to Section 6.02(a) . RESOLUTION NO. a���0 65 "Certificate Owner," when used with respect to any Lease Participation Certificate prepared and delivered by the Trustee pursuant to the Trust Agreement, means any person who shall be the bearer of any outstanding Lease Participation Certificate not registered or the registered owner of any outstanding registered Lease Participation Certificate. "Commencement Date" means the date of recordation of this Agreement in the office of the County Recorder of Contra Costa County, State of California. "Deed of Gift" means the deed, dated as of June 1, 1982 and entitled "Deed of Gift (2425 Bisso Lane Office Building)," from the Lessor, as grantor, to the Lessee, as grantee, which was recorded in the office of the County Recorder of the County of Contra Costa on the Commencement Date. "Lease Participation Certificates" means one or more certificates of participation prepared and delivered by the Trustee evidencing the undivided interest of the Certificate Owners in the Project, this Agreement and the Base Rental Payments payable hereunder. "Lease Term" means the Original Term and all Renewal Terms provided for in Section 4.01 of this Agreement. "Lessee" means the County of Contra Costa, a political subdivision organized and existing under and by virtue of the laws of the State of California and which is leasing the Project from Lessor under the provisions of this Agreement. "Lessor" means (i) Contra Costa County Public Facilities Corporation, acting as Lessor hereunder; (ii) any surviving, resulting or transferee corporation; and (iii) except where the context requires otherwise, any assignees of Lessor. "Net Proceeds" means the amount remaining from the gross proceeds of any insurance claim under any of the insurance policies provided for pursuant to Section 8.05 hereof or condemnation award made in connection with the Project, after deducting all expenses (including attorneys' fees) incurred in the collection of such claim or award. "Original Term" means the period from the Commencement Date until June 30, 1983. "Project" means an office building in the City of Concord, California, commonly known and designated as 2425 Bisso Lane and containing approximately 25,000 gross square 2 RESOLUTION NO. !J.21(,00 (I 66 feet, including all works, properties and structures comprising said building and facilities, together with parking, site development, landscaping, utilities, equipment, furnishings, improvements and appurtenant and related facilities, all located on that certain real property situated in the County of Contra Costa, State of California, described in Exhibit A attached hereto and made a part hereof; subject, however, to any conditions, reservations, and easements of record or known to Lessee. "Purchase Price" means, as of any date of calculation, the amount set forth in Exhibit B hereto which Lessee may pay as of such date to Lessor in order to purchase the Project and terminate this Agreement. "Renewal Terms" means the nine optional renewal terms of this Agreement, each having a duration of one year and a term coextensive with Lessee's fiscal year. "Rental Payments" means the Base Rental Payments and Additional Rental Payments payable by Lessee pursuant to the provisions of this Agreement during the Lease Term in consideration of the right of Lessee to use the Project during the then current portion of the Lease Term. Base Rental Payments shall be payable by Lessee to Lessor in the amounts and at the times during the Lease Term as set forth in Exhibit B of this Agreement and Additional Rental Payments shall be payable by Lessee to Lessor or the Trustee pursuant to Section 6.02(b) . "Trust Agreement" means any trust agreement, indenture, deed of trust or other agreement between the Lessor and a trustee, as originally executed or as it may from time to time be supplemented or amended, pursuant to which Lease Participation Certificates are issued, secured by the rentals hereinafter provided for, to provide funds for the acquisition and financing of the Project. "Trustee" means the Trustee appointed pursuant to the Trust Agreement and any successor appointed under the Trust Agreement. ARTICLE II REPRESENTATIONS AND COVENANTS OF LESSEE Section 2.01. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor and its assignees as follows: 3 6� P.ESCLUT(ONNO. t;/660 (a) Lessee is a political subdivision organized and existing under and by virtue of the Constitution and laws of the State of California. (b) Lessee is authorized under the Constitution and laws of the State of California to enter into this Agreement and the transactions contemplated hereby and to perform all of its obligations hereunder; and the execution and delivery of this Agreement and compliance with its terms, conditions and provisions will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Lessee is a party or by which it is bound, or any law or regulation or any administrative decree or order to which it is subject, or constitute a default thereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement under the terms and provisions of an ordinance and resolutions of its Board of Supervisors approving the form and authorizing the execution of this Agreement, and further represents, covenants and warrants that all requirements have been met and procedures have occurred in order to ensure the enforceability of this Agreement (except as such enforceability may be limited by bankruptcy, insolvency or other laws affecting creditors' rights generally, and by the application of equitable principles if equitable remedies are sought) , and all approvals, authorizations, consents, licenses or other orders of state or federal regulatory agencies, public boards or bodies, if any, as may be legally required to be obtained by Lessee prior to the date of this Agreement have been taken or obtained; and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Project hereunder. (d) During the term of this Agreement, the Project will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. (e) During the Lease Term, Lessee will annually provide Lessor: (i) within 180 days after the close of each fiscal year, current financial statements (including a balance sheet and a statement of sources and uses of funds); (ii) not later than July 1 of each year, budgets and such proof of appropriation for the ensuing fiscal year as may be reasonably requested by 4 RESOLUTION NO. SGC) 1 Lessor; and (iii) such other financial information relating to the ability of Lessee to continue this Agreement at such times and in such manner as may be reasonably requested by Lessor or its assignee. (f) During the Lease Term, Lessee will promptly give written notice to Lessor of the occurrence of any event of default hereunder or any event which upon a lapse of time or the giving of notice or both would become an event of default hereunder. ARTICLE III LEASE OF PROJECT Section 3.01. Lease of Project. Lessor hereby demises and leases to Lessee, and Lessee rents, leases and hires from Lessor, the Project in accordance with the provisions of this Agreement, to have and to hold for the Lease Term or unless sooner terminated as expressly provided herein. ARTICLE IV LEASE TERM Section 4.01. Commencement of Lease Term. The Original Term of this Agreement shall commence on the Commencement Date and shall terminate on June 30, 1483. The Lease Term may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for an additional one year, up to a maximum Lease Term of ten years one month, upon delivery by Lessee of written notice to Lessor given not less than 10 days prior to the end of the Original Term or Renewal Term then in effect. Failure to provide such 10-day notice will not waive the right of Lessee to continue this Agreement nor constitute an event of default hereunder, provided that Lessee has appropriated sufficient funds to make the payments set forth in Exhibit B in its budget for the ensuing fiscal year. If the Lease Term is continued as provided in this Section 4.01, this Agreement shall continue in effect with the same terms and conditions as are in effect during the Original Term, except that the Rental Payments during any such Renewal Term shall be as provided in Exhibit B of this Agreement. Section 4.02. Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events: 5 69 RESOLUTION Na. ���60 (a) the expiration of the Original Term or any Renewal Term and the nonrenewal of this Agreement in the event of nonappropriation of funds pursuant to Section 6.06; (b) the exercise by Lessee of the option to purchase the Project granted under the provisions of Articles IX or XI of this Agreement; (c) a default by Lessee and Lessor' s election to terminate this Agreement under Article XIII; or (d) the payment by Lessee of all Rental Payments authorized or required to be paid by Lessee hereunder. Such termination of the Lease Term shall not impair any other right of Lessor to payments due hereunder. ARTICLE V ENJOYMENT OF PROJECT Section 5.01. Quiet Enjoyment. If Lessee is not in default hereunder, Lessor hereby covenants to provide Lessee during the Lease Term with quiet use and enjoyment of the Project, and Lessee shall during the Lease Term peaceably and quietly have and hold and enjoy the Project, without suit, trouble or hindrance from Lessor or its assignees, except as expressly set forth in this Agreement. Any Certificate Owner shall not interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default hereunder. Lessor shall, at the request of Lessee and at the cost of Lessee, join and cooperate fully in any legal action in which Lessee asserts its right to such possession and enjoyment to the extent that Lessor may lawfully do so. In addition, Lessee may at its own expense join in any legal action affecting its possession and enjoyment of the Project and shall be joined by Lessor in any action affecting its liabilities hereunder. So long as Lessee is not in default hereunder, Lessor shall protect Lessee' s quiet use and enjoyment of the Project against claims of Lessor's creditors. 6 70 ill . ARTICLE VI _ RENTAL PAYMENTS Section 6.01. Rental Payments to Constitute a Current Expense of Lessee; No Pledge. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirements concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of Lessee. Rental Payments due hereunder shall be payable only from current funds which are budgeted and appropriated, or otherwise legally available, for the purpose of paying Rental Payments or other payments due hereunder as consideration for use of the Project during the fiscal year of Lessee for which such funds were budgeted and appropriated or otherwise made legally available for such purpose. This Agreement shall not create an immediate indebtedness for any aggregate payments which may become due hereunder in the event that the Lease Term is continued. Lessee has not pledged the full faith and credit of Lessee, the State of California or any agency or department thereof to the payment of the Rental Payments or any other payments due hereunder. Section 6.02. Payment of Rental Payments. Lessee agrees to pay to Lessor, its successors or assigns, as rental for the Project, the following amounts at the times and in the manner set forth herein, said Rental Payments being designated Base Rental Payments and Additional Rental Payments. (a) Base Rental Payments. Lessee shall pay Base Rental Payments, exclusively from legally available funds, in lawful money of the United States of America to Lessor or, in the event of assignment by Lessor to the Trustee, to the Trustee, in the amounts and on the dates specified in accordance with Section 6.03 and Exhibit B hereof. Base Rental Payments due on December 15 of each year during the Lease Term shall be in consideration for Lessee's use of the Project during the period from July 1 through December 31 and Base Rental Payments due on June 15 of each year during the Lease Term shall be in consideration for Lessee' s use of the Project during the period from January 1 through June 30, for the applicable fiscal year of the Lessee in which such payments are due, except that the payment due on December 15, 1982 shall be in consideration for �� 71 Lessee's use of the Project during the period from the Commencement Date through December 31, 1982. Earnings, if any, on the Reserve Fund established pursuant to the Trust Agreement shall be credited against Base Rental Payments, but only to the extent permitted under the Trust Agreement. (b) Additional Rental Payments. Lessee shall also pay to Lessor, as rental hereunder in addition to the foregoing Base Rental Payments, such reasonable amounts (herein called the "Additional Rental Payments") in each year as shall be required by Lessor for the payment of administrative costs of Lessor related to the Project and the Lease Participation Certificates, if any, including all expenses, compensation and indemnification of the Trustee payable under the Trust Agreement, fees of auditors, accountants, attorneys or engineers, and all other necessary administrative costs of Lessor or charges required to be paid by it to comply with the terms of the Lease Participation Certificates, if any, or of the Trust Agreement; provided such additional rental shall not exceed Five Thousand Dollars ($5,000) annually. Such Additional Rental Payments shall be billed to Lessee by Lessor or the Trustee from time to time, together with a statement certifying that the amount billed has been paid by Lessor or by the Trustee on behalf of Lessor, for one or more of the items above described, or that such amount is then payable by Lessor or the Trustee for such items. Following commencement of the rental due hereunder, amounts so billed shall be paid by Lessee within ten (10) days after receipt of the bill by Lessee. By its execution of this Agreement, Lessee finds and determines that, in each fiscal year of Lessee, the amounts of the Base Rental Payments set forth in Exhibit B, together with Additional Rental Payments payable in such fiscal year, are equal to the fair rental value of the Project during the respective fiscal year in which such Rental Payments are made. Section 6.03. Interest Component. A portion of each Base Rental Payment is paid as, and represents payment of, interest, and Exhibit B hereto sets forth the interest component of each Base Rental Payment during the Lease Term. Section 6.04. Rental Payments to Be Unconditional. The obligations of Lessee to make the Rental Payments required under this Article VI and any payments e ..U . 72 required under other sections hereof' and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional, subject to Lessee' s right to terminate this Agreement pursuant to Section 4.02 hereof. Notwithstanding any dispute between or among Lessee, Lessor, and any other person, Lessee shall make all Rental Payments and any other payments required hereunder when due and shall not withhold any such payments pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim .against its obligation to make such payments required under this Agreement. Lessee's obligations to make such payments shall not be abated through accident or unforeseen circumstances, or by reason of any defect in or damage to or loss or destruction of the Project from whatever cause, the prohibition of Lessee's use of the Project, the interference with such use by any government, person or corporation, the invalidity or unenforceability or lack of due authorization or other infirmity of this Agreement, any lack of right, power or authority of Lessor or Lessee to enter into this Agreement or any other cause whether similar or dissimilar to the foregoing. Section 6.05. Continuation of Lease Term by Lessee. Lessee intends, subject to the provisions of Section 6.06, to continue the Lease Term through the Original Term and all Renewal Terms and to pay the Rental Payments hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the Original Term and each of the Renewal Terms can be obtained. Lessee further intends to do all things lawfully within its power to obtain and maintain funds from which the Rental Payments may be made, including making provision for such payments to the extent necessary in each annual budget submitted and adopted in accordance with applicable provisions of the laws of the State of California, to have such portion of the budget approved, and to exhaust all available reviews and appeals in the event such portion of the budget is not approved. Section 6.06. Nonaporopriation. In the event sufficient funds shall not be appropriated for the payment of the Rental Payments required to be paid in the next occurring Renewal Term pursuant to Exhibit B to continue the leasing of the Project, Lessee may terminate this Agreement at the end of the then current Original Term or Renewal Term and Lessee shall not be obligated to make payment of the Rental Payments provided for in this Agreement beyond the then current Original or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination at least 15 days prior to the end of the then current Original or Renewal Term, but failure to give such notice shall not extend the Lease Term beyond such 9 U, 73 Original Term or Renewal Term. If this Agreement is terminated under this Section 6.06, Lessee agrees to surrender to the Lessor the Project, together with any structural additions thereto, in good order and condition and in a state of repair that is consistent with prudent use and conscientious maintenance, except for reasonable wear and tear. ARTICLE VII TITLE TO PROJECT; RIGHT OF ENTRY Section 7.01. Title to the Project. During the term of this Agreement, title to the Project and any and all additions or improvements will be retained by Lessor, except that title to fixtures added to the Project and acquired separately by Lessee which may be disconnected or detached without damaging the Project and without impairing the operation thereof shall remain in Lessee. Title to all personal property placed in or about the Project by the Lessee shall remain in the Lessee. Lessee shall not have any right, title or interest in the Project or in any additions or improvements thereto except as expressly set forth in this Agreement. In the event of default as set forth in Article XIII or nonappropriation as set forth in Section 6.06, Lessee will vacate and surrender possession of the Project to Lessor. Section 7.02. Right of Entry. Lessor and its assignees shall have the right to enter the Project during reasonable business hours (and in emergencies at all times) (a) to inspect the same, (b) for any purpose connected with the Lessee's rights or obligations under this Agreement, and (c) for all other lawful purposes. ARTICLE VIII MAINTENANCE; MODIFICATION; TAXES; INSURANCE AND OTHER CHARGES Section 8.01. Maintenance of Project by Lessee. Lessee agrees that, at all times during the Lease Term, Lessee will, at Lessee' s own cost and expense, maintain, preserve and keep the Project and every part and parcel thereof in good repair, working order and condition and that Lessee will from time to time make or cause to be made all necessary and proper repairs, replacements and renewals. Lessor shall have no responsibility in any of these matters or for the making of improvements, modifications or additions to the Project. In exchange for the rentals herein provided, 10 0-, 74 Lessor agrees to provide only the Project. Lessee waives the benefits of subsections 1 and 2 of section 1932 of the California Civil Code, but such waiver shall not limit any of the rights of Lessee under the terms of this Agreement. Section 8.02. Taxes and Other Governmental Charges. The parties to this Agreement contemplate that the Project will be used for a governmental or proprietary purpose of Lessee and that the Project will be exempt from all taxes presently assessed and levied with respect to real property, except assessments. In the event that the use, possession or acquisition of the Project is found to be subject to taxation in any form (except for income or franchise taxes of Lessor), Lessee will pay during the Lease Term such amounts in each year as shall be required by Lessor for the payment of all taxes and assessments of any type or nature charged to Lessor or the Trustee affecting the Project or the respective interests or estates of Lessee or Lessor or the Trustee therein, or affecting the amount available to Lessor from rentals received hereunder (including taxes or assessments assessed or levied by any governmental agency or district having power to levy taxes or assessments); provided that, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as are accrued during such time as this Agreement is in effect. Section 8.03. Utility Charges. Lessee agrees that, at all times during the Lease Term, Lessee shall pay for or otherwise arrange for the payment of all utility services supplied to the Project, which shall include without limitation janitor service, power, gas, telephone, light, heating, water, security service, garbage and refuse removal and all other utility services. Section 8.04. Changes to the Project. Lessee shall have the right during the term of this Agreement to make alterations or improvements or attach fixtures, structures or signs to the Project if said alterations, improvements, fixtures, structures and signs are necessary or beneficial for the use of the Project by the Lessee. Upon termination of this Agreement, Lessee may remove any fixture, structure or sign added by Lessee, but such removal shall be accomplished so as to leave the Project, except for ordinary wear and tear, in substantially the same condition as it was in before the fixture, structure or sign was attached. 11 -0 - 75 Section 8.05. Fire, Extended Coverage and Earthquake Insurance. Lessee shall procure or cause to be procured and maintain or cause to be maintained throughout the Lease Term insurance against loss or damage to any structures constituting any part of Project by fire and lightning, with extended coverage insurance, vandalism and malicious mischief insurance, and earthquake insurance (but as to such earthquake insurance only if such insurance is available on the open market from reputable insurance companies), sprinkler system leakage insurance and boiler explosion insurance. Said extended coverage insurance shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such other hazards as are normally covered by such insurance. Such insurance shall be in an amount equal to the replacement cost (without deduction for depreciation) of all structures constituting any part of the Project excluding the cost of excavations, of grading and filling, and of the land (except that such earthquake insurance may be subject to a deductible clause of not to exceed ten per cent of said .replacement cost for any one loss and except that such other insurance may be subject to deductible clauses for any one loss of not to exceed $10,000 for any one loss), or, in the alternative, shall be in an amount and in a form sufficient (together with moneys in the reserve fund, if any, created under the Trust Agreement, if any, and available for the purpose pursuant to the terms of the Trust Agreement), in the event of total or partial loss, to enable payment of the Purchase Price to be made to Lessor or to restore such structures to the condition existing before such loss. Section 8.06. Liability Insurance. Except as hereinafter provided, Lessee shall procure or cause to be procured and maintain or cause to be maintained throughout the Lease Term, a standard comprehensive general liability (including automobile liability) insurance policy or policies in protection of Lessor and its directors, officers, agents and employees and the Trustee, indemnifying said parties against all direct or contingent loss or liability for damages for personal injury, death or property damage occasioned by reason of the operation of the Project, with minimum liability limits of $1,000,000 for personal injury or death of each person and $3,000,000 for personal injury or deaths of two or more persons in each accident or event, and in a minimum amount of $200,000 (subject to a deductible clause of not to exceed $5,000) for damage to property resulting from each accident or event. Such public liability and property damage insurance may, however, be in the form of a single limit policy in the amount of $3,000,000 covering all such risks. Such liability insurance may be maintained as part of or in conjunction with any other liability insurance carried by Lessee. 12 ` L 76 As an alternative to providing the insurance required by the first paragraph of this subsection, Lessee, with the written consent of Lessor, may provide other kinds of insurance or methods or plans of protection if and to the extent such other kinds of insurance or methods or plans of protection satisfy the requirements of the Trust Agreement. Lessee shall carry workers' compensation insurance covering all employees working on, in, near or about the Project, or demonstrate to the .satisfaction of Lessor that adequate self-insurance is provided, and shall require any other person or entity working on, in, near or about the Project to carry such coverage. Section 8.07. Rental Interruption or Use and Occupancy Insurance. Lessee shall procure or cause to be procured and maintain or cause to be maintained, throughout the Lease Term, rental interruption or use and occupancy insurance to cover loss, total or partial, of the rental income from or the use of the Project as the result of any of the hazards covered by the insurance required by Section 8.06 hereof, in an amount sufficient to pay the part of the Rental Payments hereunder attributable to the portion of the Project rendered unusable (determined by reference to the proportion which the construction cost of such portion bears to the construction cost of the Project) for a period of at least the time originally allowed for construction of the Project plus three (3) months, except that such insurance may be subject to a deductible clause of not to exceed the aggregate total Rental Payments payable during the first thirty (30) days of any loss and except that such insurance need be maintained as to the peril of earthquake only if such insurance is available on the open market from reputable insurance companies. Section 8.08. Insurance Proceeds; Form of Policies. All policies of insurance required by Sections 8.05 and 8.07 hereof shall provide that all proceeds thereunder shall be payable to the Trustee pursuant to a lender's loss payable endorsement substantially in accordance with the form approved by the Insurance Services Office and the California Bankers Association, or, if there is no Trustee, to Lessor. The Trustee shall collect, adjust and receive all moneys which may become due and payable under any such policies, may compromise any and all claims thereunder and shall apply the proceeds of such insurance as provided in the Trust Agreement and Article IX hereof. All policies of insurance required by this Agreement shall be in form satisfactory to the Trustee and shall provide that the Trustee and the Lessor shall be given thirty (30) days notice of each expiration thereof or any intended cancellation thereof or reduction of the 13 77 coverage provided thereby. The Trustee shall not be responsible for the sufficiency of any insurance herein required and shall be fully protected in accepting payment on account of such insurance or any adjustment, compromise or settlement of any loss agreed to by the Trustee. Lessee shall pay when due the premiums for all insurance policies required by this Agreement, and shall promptly furnish evidence of such payments to Lessor and the Trustee. Section 8.09. Advances. In the event Lessee shall fail to maintain the full insurance coverage required by this Agreement or shall fail to keep the Project in good repair and operating condition or shall fail to provide the indemnity provided for in Section 12.03 hereof or shall fail to pay any of the amounts required to be paid hereunder, Lessor may (but shall be under no obligation to) purchase the required policies of insurance and pay the premiums on the same or may make such repairs or replacements as are necessary and provide for payment thereof or make payments relating to those acts for which Lessee is required to provide indemnity pursuant to Section 12.03 hereof or pay any of the amounts which Lessee is required to pay hereunder; and all amounts so advanced therefor by Lessor shall become additional rental for the then current Original Term or Renewal Term, which amounts, together with interest thereon at the rate of 18% per annum, Lessee agrees to pay during the then current Original Term or Renewal Term. Section 8.10. Liens. In the event Lessee shall at any time during the term of this lease cause any changes, alterations, additions, improvements, or other work to be done or performed or materials to be supplied, in or upon the Project, Lessee shall pay, when due, all sums of money that may become due for, or purporting to be for, any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to or for the Lessee in, upon or about the Project and which may be secured by any mechanic's, materialman's or other lien against the Project or Lessor's interest therein, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or becomes due, except that, if Lessee desires to contest any such lien, it may do so. If any such lien shall be reduced to final judgment and such judgment or such process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed and said stay thereafter expires, Lessee shall forthwith pay and discharge such judgment_ 14 yV ` 78 ARTICLE IX DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS Section 9.01. Damage, Destruction and Condemnation. Unless Lessee shall have exercised its option to purchase the Project by making payment of the Purchase Price as provided in Section 11.01(c), if prior to the termination of the Lease Term (a) the Project or any portion thereof is destroyed (in whole or in part) or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Project or any part thereof or the estate of Lessee or Lessor in the Project or any part thereof shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, Lessee and Lessor will, subject to the provisions of Section 9.02 and pursuant to Sections 8.05 and 8.08, cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt repair, restoration, modification, improvement or replacement of the Project. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. Section 9.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.01 hereof, Lessee shall either (a) complete the work and pay any cost in excess of the amount of the Net Proceeds and Lessee agrees that, if by reason of any such deficiency of the Net Proceeds, Lessee shall make any payments pursuant to the provisions of this Section 9.02, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any reduction in the amounts payable under Article VI hereof, or (b) if Lessee is not in default hereunder, pay to Lessor the amount of the then applicable Purchase Price, and, upon such payment, the Lease Term shall terminate and title to the Project shall be conveyed by Lessor to Lessee as provided in Section 11.01(c) . The amount of the Net Proceeds in excess of the then applicable Purchase Price, if any, may be retained by Lessee. ARTICLE X CONDITION OF PROJECT; USE OF PROJECT Section 10.01. Condition of Project. The parties hereto agree that Lessee is presently in possession of the Project and that Lessee accepts the Project in its presently 15 0, 79 existing condition, and further warrants and holds harmless Lessor against any defects presently existing therein. By entry hereunder upon commencement of the term of this Agreement Lessee accepts the premises as being in the condition in which Lessor is obligated to deliver the premises to Lessee. Section 10.02. Use of Project. Lessee will not use, operate or maintain the Project improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee shall provide all permits and licenses, if any, necessary for the operation of the Project. In addition, Lessee agrees to comply in all respects (including, without limitation, with respect to the use, maintenance and operation of the Project) with all laws of all jurisdictions in which its operations involving the Project may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the Project; provided, however, that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner which does not, in the opinion of Lessor, adversely affect the estate of Lessor in and to the Project or its interest or rights under this Agreement. Section 10.03 . Tax Covenants. Lessee will not use or permit the use of the Project or any portion thereof by any person not an "exempt person" within the meaning of Section 103(b) (3) of the Internal Revenue Code of 1954, as amended, or by an "exempt person" (including the Lessee) in an "unrelated trade or business" within the meaning of Section 513(a) of said Code, in such manner or to such extent as would result in the loss of exemption from federal income tax of the interest portion of any Base Rental Payment under Section 103 of said Code. ARTICLE XI OPTION TO PURCHASE Section 11.01. 0 tion. At the request of Lessee, Lessor's title in the Project will be transferred, conveyed and assigned to Lessee and this Agreement shall terminate: (a) at the end of the Lease Term (including all Renewal Terms), upon payment in full of all Rental Payments and any other payments due hereunder and the payment of One Dollar; or 16 (b) during the Original Term or any Renewal Term, upon payment by Lessee of the then applicable Purchase Price and any other payments due hereunder; or (c) if the Lease Term is terminated pursuant to Article IX of this Agreement, in the event of total damage, destruction or condemnation of the Project, and, if required by Section 9.02, upon payment of the then applicable Purchase Price to Lessor. Lessee shall send written notice to Lessor and the Trustee of its intention to make the payments described in the foregoing subsections (b) and (c) not less than 45 days prior to the date of such payments; provided, however, that failure to provide such notice shall not affect the transfer, conveyance and assignment of the Project and the termination of this Agreement pursuant to this Section 11.01. ARTICLE XII ASSIGNMENT, SUBLEASING, MORTGAGING, SELLING, AND INDEMNIFICATION Section 12.01. Assignment by Lessor. This Agreement, and the obligations of Lessee to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees by Lessor to the extent of their interest; including to any Certificate Owner, at any time subsequent to its execution, without the consent of Lessee. Lessor agrees to give notice of assignment to Lessee and upon receipt of such notice Lessee agrees to make all payments to the assignee designated in the assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Lessee may from time to time have against Lessor, the assigneee, the Trustee or any Certificate Owner. Lessee agrees that Lease Participation Certificates may be issued on behalf of Lessee. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements which may be reasonably requested by Lessor, its assignee, or any Certificate Owner to protect their interests in the Project and in this Agreement. Section 12.02. Assignment and Subleasing by Lessee. Neither this Agreement nor any interest of Lessee hereunder shall be mortgaged, pledged, assigned, sublet or transferred by Lessee by voluntary act or by operation of law or otherwise, except with the prior written consent of Lessor, which shall not be unreasonably withheld. 17 � $� Section 12.03. Release and Indemnification Covenants. Lessee shall indemnify, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without_ limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Agreement, the ownership of the Project, the acquisition, installation, use, operation, condition, purchase or delivery of the Project or any accident in connection with the operation, use, condition or possession of the Project resulting in damage to property or injury to or death to any person including, without limitation, any claim alleging latent and other defects, whether or not discoverable by Lessor or Lessee; any claim for patent, trademark or copyright infringement; and any claim arising out of strict liability in.tort. The indemnification arising under this section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason. Lessee agrees not to withhold or abate any portion of the payments required pursuant to this Agreement by reason of any defects, malfunctions, breakdowns or infirmities of the Project. Lessee and Lessor mutually agree to promptly give notice in writing to each other of any claim or liability hereby indemnified against following learning thereof. Lessor and its directors, officers, agents and employees and the Trustee shall not be liable to Lessee or to any other party whomsoever for any death, injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the Project. Lessee, to the extent permitted by law, shall indemnify and hold Lessor and its directors, officers, agents and employees and the Trustee harmless from, and defend each of them against, any and all claims, liens and judgments for death of or injury to any person or damage to property whatsoever occurring in, on or about the Project, and, to the extent permitted by law, any extraordinary reasonable attorneys' fees and expenses not covered by the annual Additional Rental Payments provided for in Section 6.02(b) hereof incurred in connection with litigation against Lessor, the Trustee or any Certificate Owner challenging or questioning the validity of this Agreement or any of the obligations of Lessee hereunder. 18 � ;;_ 82 ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES Section 13.01. Events of Default Defined. The following shall be "events of default" under this Agreement and the terms "event of default" and "default" shall mean, whenever they are used in this Agreement, any one or more of the following events: (a) Lessee's failure to pay when due any Rental Payment or other amount due hereunder, which failure shall continue for ten (10) business days after the due date hereof; (b) Lessee's default in performing any other obligation, term or condition of this Agreement or any other agreement between Lessor and Lessee relating to this Agreement or default under any agreement providing security for the performance by Lessee of its obligations hereunder or Lessee's failure to comply with its obligations under Section 8.09 hereof, in any event for a period of thirty (30) days after written notice to Lessee by Lessor or by the Trustee, specifying such failure and requesting that it be remedied, unless Lessor or the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, that if the failure stated in the notice arises out of circumstances beyond the control of Lessee and cannot be corrected within the applicable period, Lessor or the Trustee will not unreasonably withhold consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) any writ or order of attachment or execution or other legal process being levied on or charged against the Project and not being released or satisfied within ten (10) days; (d) a final judgment for the payment of money in excess of $500,000 being rendered by a court of record against Lessee which Lessee does not discharge or make provision for discharge in accordance with the terms thereof within ninety (90) days from the date of entry thereof; (e) if any default shall exist under any leases, indentures, bonds or notes of Lessee for 19 - 83 which the payment of money in excess of $500,000 in the aggregate is required to cure such default; (f) the institution or commencement by a third party of an involuntary case or by the Lessee of a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or the consent by it to the entry of an order for relief against it in any involuntary case under any .such law, or to the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator (or other similar official) of the Lessee or of any substantial part of its property, or the making by it of an assignment for the benefit of creditors, or the failure of it generally to pay its debts as they become due, or the admission by it in writing of such failure, or the taking of any corporate action by the Lessee in furtherance of any such action; (g) the voluntary or involuntary making of an assignment of a substantial portion of its assets by Lessee for the benefit of creditors, appointment of a receiver or trustee for Lessee or for any of Lessee's assets, institution by or against Lessee of any other type of insolvency proceeding (under the Bankruptcy Act or otherwise) or of any formal or informal proceeding for dissolution, liquidation, settlement of claims against or winding up of the affairs of Lessee, or making by Lessee of a transfer of all or a material portion of Lessee' s assets or inventory not in the ordinary course of its operations; or (h) any certificate, statement, representation, warranty or audit heretofore or hereafter furnished with respect hereto by or on behalf of Lessee proving to have been false in any material respect at the time as of which the facts therein set forth were stated or certified or having omitted any substantial and material contingent or unliquidated liability or claims against Lessee. Section 13.02. Remedies on Default. Whenever any ' event of default referred to in Section 13.01 hereof shall have happened and be continuing, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: 20 ..v� 84 (a) terminate Lessee's right to possession of the Project and thereby terminate this Agreement; or (b) continue this Agreement in full force and effect with Lessee at all times having the right to possession of the Project. In the event Lessor elects, pursuant to Section 13.02(a) hereof, to terminate Lessee's right to possession of the Project and thereby terminate this Agreement, Lessor shall have the immediate right of entry and may remove all persons and property from the Project. Such property so removed may be stored in a public warehouse or elsewhere at the cost and for the account of Lessee. Upon such termination Lessor, in addition to any other rights and remedies Lessor may have at law or in equity (including rights and remedies under subparagraphs (1), (2), and (4) of Section 1951.2 of the California Civil Code, or any amendment or successor statutes thereto), shall be entitled to recover from Lessee the worth at the time of award of the amount by which the unpaid Rental Payments for the balance of the term hereof after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided. The worth at the time of award of the amount referred to in this Section shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (M. In the event Lessor elects, pursuant to Section 13.02(b) hereof, to continue this Agreement in full force and effect with Lessee at all times having the right to possession of the Project (notwithstanding the fact that Lessee may have abandoned the Project), Lessor, in addition to all other rights and remedies Lessor may have at law or in equity, shall have the right to enforce all of Lessor's rights and remedies under this Agreement, including but not limited to the right to recover Rental Payments as they become due under this Agreement. Notwithstanding any such election to have this Agreement continue in full force and effect, Lessor may at any time thereafter elect to terminate Lessee's right to possession of the Project and thereby terminate this Agreement for any previous breach hereof by Lessee which remains uncured or for any subsequent such breach. A termination hereunder shall occur only upon written notice by Lessor to Lessee. In the absence of such notice, this Agreement shall remain in full force and effect and Lessee shall be and remain liable for the full performance of all its obligations hereunder. 21 � � 85 Lessee hereby expressly authorizes Lessor to lease the Project for terms not to exceed the then remaining term of the estate for years reserved by the Lessor in the Deed of Gift, for commercial or other purposes, pursuant to this Agreement, if an event of default occurs. Lessee covenants and agrees that it has or will take all necessary action in accordance with the laws of the State of California, and any charter, resolution or ordinance applicable to Lessee, including but not limited to zoning laws and ordinances, to authorize such lease. Section 13.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article XIII it shall not be necessary to give any notice, other than such notice as may be required in this Article XIII. ARTICLE XIV MISCELLANEOUS Section 14.01. Notices. All notices, statements, demands, consents, approvals, authorizations, offers, designations, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered personally or if mailed by United States registered or certified mail, return receipt requested, postage prepaid, and, if to Lessor, addressed to the Lessor in care of County Clerk and Clerk of the Board of Supervisors, County of Contra Costa, County Administration Building, 651 Pine Street, Martinez, California 94553, or, if to Lessee, addressed to Lessee in care of County Clerk and Clerk of the Board of Supervisors, County of Contra Costa, County Administration Building, 651 Pine Street, Martinez, California 94553, with a copy to the Trustee, or to such other addresses as the respective parties may from time to time designate by notice in writing. Section 14.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and, subject to Section 12.02, Lessee and their respective successors and assigns. 22 Section 14.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. Section 14.04. Amendments. This Agreement may be amended in writing as may be mutually agreed by Lessor and Lessee, provided, however, that if Lease Participation Certificates have been issued no such amendment which materially adversely affects the rights of the Certificate Owners shall be effective unless it shall have been consented to by the Certificate Owners of two-thirds in aggregate principal amount of the Lease Participation Certificates then outstanding. Section 14.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California as the same may from time to time exist. Section 14.06. Headings. All captions or headings contained in this Agreement are for convenience of reference only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. Section 14.07. Waiver. Failure of Lessor to take advantage of any default on the part of Lessee shall not be, or be construed as, a waiver thereof, nor shall any custom or practice which may grow up between the parties in the course of administering this Agreement be construed to waive or to lessen the right of Lessor to insist upon performance by Lessee of any term, covenant or condition hereof, or to exercise any rights given Lessor on account of such default. A waiver of a particular default shall not be deemed to be a waiver of the same or any subsequent default. The acceptance of rent hereunder shall not be, nor be construed to be, a waiver of any term, covenant or condition of this lease. Section 14.08. Net Lease. This lease shall be deemed and construed to be a net lease" and Lessee hereby agrees that the rents provided for herein shall be an absolute net return to Lessor, free and clear of any expenses, charges or setoffs whatsoever. Section 14.09. Disclaimers. LESSOR MAKES NO WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR USE OF ANY OF THE PROJECT OR AS TO ITS TITLE THERETO OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROJECT. 23 87 Lessee hereby covenants that no representations, statements or warranties expressed or implied have been made by or on behalf of Lessor or any Certificate Owner in connection with or relating to the title to or construction or equipping of the Project or in respect to its future condition or the use or occupation that may be made thereof. Neither Lessor nor any Certificate Owner shall in any event be in any way responsible for any matters relating to construction or equipping of the Project or the use or suitability for use thereof. THE PARTIES AGREE THAT ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED ARE EXCLUDED FROM THIS AGREEMENT. Neither Lessor nor any Certificate Owner shall in any event whatsoever be liable for any latent defects therein. Section 14.10. 'Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement. It is also agreed that separate counterparts of this Agreement may separately be executed by Lessor and Lessee, all with the same force and effect as though the same counterpart had been executed by both Lessor and Lessee. IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed by their respective officers thereunto duly authorized, all as of the day and year first above written. CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, Lessor By President [SEAL] Attest: Secretary 24 u 88 COUNTY OF CONTRA COSTA, Lessee By Chair of the Board of Supervisors [SEAL] Attest: Clerk of the Board of Supervisors Approved as to form: County Counsel 25 u 89 EXHIBIT A All that certain real property situate in the State of California, County of Contra Costa, City of Concord, described as follows: PARCEL ONE: Parcel "B" of Parcel Map filed April 16, 1976, in Book 44 of Parcel Maps, page 20, Contra Costa County Records. Excepting therefrom: An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral substances below a point 500 feet below the surface of said real property, together with the right to take, remove, mine and diaf ose of said oil, gas, casinghead gasoline and other hydrocarbons and minerals, as reserved in the deed from John D. Bisso; Eleanor M. Bisso and Louis A. Bisso, each as to an undivided 1/6 interest; and George Bisso, Edith I. B. Eirpo, Louise Minns and Rose Caperton, each as to an undivided 1/8 interest and recorded September 1, 1971, in Book 6468, Page 805, Official Records. PARCEL TWO: A portion of Parcel "A" of Record of Survey filed November 8, 1972, in Book 55 of Licensed Surveyors Maps, page 27, Contra Costa County Records, described as follows: Beginning at the most easterly corner of said Parcel "A" (55 L.S.M. 27) ; said point being the true point of beginning of this description; thence from said true point of beginning South 140 25' 47" West, 212.11 feet to the most southerly corner of said Parcel "A" (55 L.S.M. 27) ; thence North 750 34' 13" West, 30.00 feet; thence North 14° 25' 47" East, 212.11 feet; thence South 75° 34' 13" East, 30.00 feet to the true point of beginning of this description. Excepting therefrom: (1) That portion thereof described in the Offer of De-lication to the City of Concord, recorded April 12, 1977, in Book 8281, Page 66, Official Records, as follows: Beginning at the most easterly corner of said Parcel "A" (55 L.S.M. 27) ; thence South 140 25' 47" West, 9.35 feet; thence along the arc of a non-tangent curve to the left, center of which bears South 33° 31' 25" West, having a radius of 170 feet through a central angle of 10° 25' 47", an 26 U 90 arc length of 30.95 feet; thence leaving said curve on a non-radial line North 14° 25' 47" East, 1.94 feet; thence South 750 34' 13" East, 30.00 feet to the true point of beginning. (2) An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral substances below a point 500 feet below the surface of said real property, together with the right to take, remove, mine and dispose of said oil, gas, casinghead gasoline and other hydrocarbons and minerals, as reserved in the deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as to an undivided 1/6 interest; and George Bisso, Edith I. B. Firpo, Louise Minns and Rose Caperton, each as to an undivided 1/8 interest and recorded September 1, 19-71, in Book 6468, Page 805, Official Records. PARCEL THREE: The easement described in the deed from Irving Lutz, et al, to Duffel Financial and Construction Company, recorded August 10, 1978, in Book 8961, Page 294, Official Records, as follows: An ingress-egress and utility easement over a portion of Parcel "A" of the Record of Survey, filed November 8, 1972, in Book 55 of Land Surveyor's Maps, at page 27, in the office of the Contra Costa County Recorder, more particularly described as follows: Beginning at the common corner to Parcel "A" & "B" (55 L.S.M. 27) on the easterly right of way line of Stanwell Drive, the true point of beginning of this description; thence from said true point of beginning South 75° 34' 13" East, 279.00 feet; thence North 14° 25' 47" East, 212.04 feet to a point on a curve on the southerly right of way of Bisso Lane; thence westerly along the arc of said curve having a radius of 170 feet the center of which bears South 160 06' 55" West, through a central angle of 01° 41' 08" an arc length of 5.00 feet; thence tangent to said curve along the southerly right of way of Bisso Lane North 750 34' 13" West, 19.00 feet; thence leaving said Bisso Lane right of way South 140 25' 47" West, 198.75 feet; thence North 750 34' 13" West, 255.00 feet to the easterly right of way line of Stanwell Drive; thence along the right of way line of Stanwell Drive South 140 25' 47" West, 13.36 feet to the true point of beginning of this description. 27 91 11 PARCEL FOUR: The easement described in the deed from Irving Lutz, et al, to Duffel Financial and Construction Company, recorded August 10, 1978, in Book 8961, Page 296, Official Records, as follows: An ingress-egress and utility easement over a portion of Parcel "B" of the Record of Survey, filed November 8, 1972, in Book 55 of Land Surveyor' s Maps, at page 27, in the office of the Contra Costa County Recorder, more particularly described as follows: Beginning at the common corner to Parcels "A" & "B" (55 L.S.M. 27) on the easterly right of way line of Stanwell Drive; thence from said point of beginning South 140 25' 47" West, 10.64 feet; thence South 75° 34' 13" East, 227.00 feet; thence North 14° 25' 47" East, 3.64 feet; thence South 750 34' 13" East, 15.00 feet; thence North 140 25' 47" East, 7.00 feet; thence North 75° 34' 14" West, 242.00 feet to the point of beginning of this description. 28 92 1 EXHIBIT B SCHEDULE OF PAYMENTS Purchase Price After Amount Amount Rental Payment Base Rental Total Base Attributable Attributable Due This Date Pavment Dates Rental Payment to Principal to Interest Has Been Made December 15, 1982 $159,284.28 $ 45,000 $114,284.28 $1,950,000 June 15, 1983 155,006.28 45,000 110,006.25 1,900,500 December 15, 1983 167,106.25 62,500 104,606.25 1,838,000 June 15, 1984 167,106.25 62,500 104,606.25 1,769,250 December 15, 1984 164,606.25 67,500 97,106.25 1,701,750 June 15, 1985 164,606.25 67,500 97,106.25 1,675,500 December 15, 1985 166,506.25 77,500 89,006.25 1,550,000 June 15, 1986 166,506.25 77,500 89,006.25 1,464,750 December 15, 1986 164,706.25 85,000 79,706.25 1,379,750 June 15, 1987 164,706.25 85,000 79,706.25 1,286,250 December 15, 1987 168,281.25 97,500 70,781.25 1,188,750 June 15, 1988 168,281.25 97,500 70,781.25 1,081,500 December 15, 1988 167,556.25 107,500 60,056.25 974,000 June 15, 1989 167,556.25 107,500 60,056.25 855,750 December 15, 1969 167,962.50 120,000 47,962.50 735,750 June 15, 1990 167,962.50 120,000 47,962.50 603,750 December 15, 1990 169,162.50 135,000 34,162.50 468,750 June 15, 1991 169,162.50 135,000 34,162.50 320,250 December 15, 1991 170,800.00 152,500 18,300.00 167,750 June 15, 1992 170,800.00 152,500 18,300.00 -0- 29 93 State of California ) ss. County of Contra Costa ) On this day of in the year 1982, before me, a notary public in and for the State of California, duly commissioned and sworn, personally appeared , known to me to be the President, and , known to me to be the Secretary, of CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal in the County of Contra Costa on the day and year in this certificate first above written. Notary Public in and for the State of California My commission expires [Notarial Seal] 30 94 State of California ) ss. County of Contra Costa ) On this day of in the year 1982, before me, the of the County of Contra Costa, State of California, duly commissioned and sworn, personally appeared known to me to be the Chair of the Board of Supervisors, and , known to me to be the Clerk of the Board of Supervisors, of the COUNTY OF CONTRA COSTA, the county that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said political subdivision therein named, and acknowledged to me that such political subdivision executed the within instrument pursuant to a resolution of the Board of Supervisors of the County of Contra Costa. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal in the County of Contra Costa on the day and year in this certificate first above written. [Seal] 31 95 ' CCb-B TRUST AGREEMENT by and among the COUNTY OF CONTRA COSTA and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee and CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION Dated as of June 1, 1982 Relating to $1,900,000 Certificates of Participation (2425 Bisso Lane Office Building) R ESOLUTION NO. f02 (,O TABLE OF CONTENTS Page Parties . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION; CONTENTS OF CERTIFICATES AND OPINIONS; RECITALS 1.01. Definitions . . . . . . . . . 1 1.02. Rules of Construction 5 1.03. Content of Certificates and Opinions . . . . . . 5 1.04. Recitals . . . . . . . . . . . . . . . . . . . . 6 ARTICLE II CERTIFICATES; TERMS AND PROVISIONS 2.01. Preparation of Certificates . . . . . . . . . . 7 2.02. Denominations; Medium and Place of Payment; Dating . . . . . . . . . . . . . . 7 2.03. Payment of Principal and Interest with Respect to Certificates . . . . . . . . . 8 2.04. Forms of Certificates . . . . . . . . . . . . . 8 2.05. Legends . . . . . . . . . . . . . . . . . . . . 20 2.06. Execution 20 2.07. Transfer of Coupon Certificates and Coupons . . . . . . . . . . . . . . . . . 20 2.08. Transfer of Fully Registered Certificates . . . 20 2.09. Exchange of Certificates . . . . . . . . . . . . 21 2.10. Certificate Registration Books . . . . . . . . . 22 2.11. Temporary Certificates . . . . . . . . . . . . . 22 2.12. Certificates Mutilated, Lost, Destroyed or Stolen . . . . . . . . . . . . . 23 ARTICLE III DELIVERY OF CERTIFICATES; ACQUISITION AND CONSTRUCTION FUND 3.01. Delivery of Certificates . . . . . . . . . . . . 24 3.02. Application of Proceeds of Certificates . . . . 24 3.03. Acquisition and Construction Fund . . . . . . . 24 (i) my q . li 9 1 RESOLUTION NO. D� 66 0 r Page ARTICLE IV REDEMPTION OF CERTIFICATES 4.01. Terms of Redemption . . . . 4.02. Selection of Certificates for Redemption . . . . 27 4.03. Notice of Redemption . . . . . . . . . . . . . . 27 4.04. Partial Redemption of Registered Certificate . . . . . . . . . . . . . . . . . 28 4.05 Effect of Redemption . . . . . . . . . . . . . . 29 4.06. Recission of Notice of Redemption . . . . . . . 29 ARTICLE V REVENUES 5.01. Use of Revenues; Revenue Fund . . . . . . . . . 29 5.02. Allocation of Moneys in Revenue Fund to Special Funds . . . . . . . . . . . . . . . 30 5.03. Corporate Operation Fund . . . . . . . . . . . . 32 5.04. Investment of Moneys in Special Funds . . . . . 33 ARTICLE VI COVENANTS 6.01. County to Perform Lease Purchase Agreement . . . 34 6.02. Corporation to Perform Lease Purchase Agreement . . . . . . . . . . . . . . . . . . 35 6.03. Reserved Estate for Years . . . . . . . . . . . 35 6.04. Insurance . . . . . . . . . . . . . . . . . . . 36 6.05. Miscellaneous Covenants . . . . . . . . . . . . 40 6.06. County Budgets . . . . . . . . . . . . . . . . . 40 6.07. Sale of Personal Property . . . . . . . . . . . 41 6.08. Arbitrage Bond Covenant and Industrial Development Bond Covenant . . . . . . . . . . 42 6.09. Accounting Records and Reports . . . . . . . . . 42 6.10. Compliance with Trust Agreement . . . . . . . . 43 6.11. Observance of Laws and Regulations . . . . . . . 43 6.12. Maintenance and Repair of Project . . . . . . . 43 6.13. Other Liens . . . . . . . . . . . . . . . . . . 43 6.14. Compliance with Contracts . . . . . . . . . . . 43 6.15. Prosecution and Defense of Suits . . . . . . . . 44 6.16. Recordation and Filing . . . . . . . . . . . . . 44 6.17. Eminent Domain . . . . . . . . . . . . . . . . . 45 6.18. Further Assurances . . . . . . . . . . . . . . . 47 (ii) REZOLUTIOR NO. ;1660 98 Page ARTICLE VII DEFAULT AND LIMITATION OF LIABILITY 7.01. Notice of Non-Payment . . . . . . . . . . . . . 47 7.02. Action on Default or Termination . . . . . . . . 47 7.03. No Obligation by the County to Owners . . . . . 49 7.04. No Obligation with Respect to Performance by Trustee . . . . . . . . . . . . . . . . . . 50 7.05. No Liability to Owners for Payment . . . . . . . 50 7.06. No Responsibility for Sufficiency . . . . . . . 50 7.07. Indemnification of Trustee . . . . . . . . . . . 50 ARTICLE VIII THE TRUSTEE 8.01. Employment of Trustee . . . . . . . . . . . . . 51 8.02. Acceptance of Employment . . . . . . . . . . . . 51 8.03. Trustee; Duties, Removal and Resignation . . . . 51 8.04. Compensation of the Trustee . . . . . . . . . . 52 8.05. Protection to the Trustee . . . . . . . . . . . 52 ARTICLE IX AMENDMENT; DEFEASANCE; ADMINISTRATIVE PROVISIONS 9.01. Amendments Permitted . . . . . . . . . . . . . . 53 9.02. Defeasance . . . . . . . . . . . . . . . . . . . 54 9.03. Recording and Filing . . . . . . . . . . . . . . 55 9.04. Trustee to Keep Records . . . . . . . . . . . . 55 9.05. Notices . . . . . . . . . . . . . . . . . . . . 55 9.06. Evidence of Signatures of Certificate Owners and Ownership of Certificates . . . . . 56 9.07. Disctuali£ied Certificates . . . . . . . . . . . 57 9.08. California Law . . . . . . . . . . . . . . . . . 57 9.09. Severability . . . . . . . . . . . . . . . . . . 57 9.10. Binding on Successors . . . . . . . . . . . . . 57 9.11. Headings . . . . . . . . . . . . . . . . . . . . 57 9.12. Funds and Accounts . . . . . . . . . . . . . . . 58 9.13. Execution in Counterparts . . . . . . . . . . . 58 Execution . . . . . . . . . . . . . . . . . . . . . . . 58 Exhibit A . . . . . . . . . . . . . . . . . . . . . . . 60 Acknowledgments . . . . . . . . . . . . . . . . . . . . 63 c 99 RESOLUTION N0. D. 660 J TRUST AGREEMENT THIS TRUST AGREEMENT, made and entered into as of June 1, 1982 (the "Agreement"), by and among the COUNTY OF CONTRA COSTA (the "County"), a political subdivision organized and existing under and by virtue of the laws of the State of California, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (the "Trustee"), a national banking association duly organized and existing under the laws of the United States of America, and CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION (the "Corporation"), a nonprofit corporation organized and existing under and by virtue of the laws of the State of California; W I T N E S S E T H: In consideration of the mutual covenants herein contained and for other valuable consideration, the parties hereto do hereby agree as follows: ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION; CONTENTS OF CERTIFICATES AND OPINIONS; RECITALS Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: Additional Rental Payments. The term "Additional Rental Payments" means all amounts payable to the Corporation or the Trustee from the County as Additional Rental Payments pursuant to Section 6.02(b) of the Lease Purchase Agreement. Agreement. The term "Agreement" means this Trust Agreement, as originally executed or as it may from time to time be amended as provided for herein. Assignment Agreement. The term "Assignment Agreement" means that certain Assignment Agreement Relating to 2425 Bisso Lane Office Building, between the Corporation and the Trustee, dated as of June 1, 1982, which was recorded in the office of the County Recorder of the County of Contra Costa on the Commencement Date. Base Rental Payments. The term "Base Rental Payments" means all amounts payable to the Corporation from - 1- 100 RESOLUTION NO. / 60 the County as Base Rental Payments pursuant to Section 6.02(a) of the Lease Purchase Agreement. Certificate Purchase Agreement. The term "Certificate Purchase Agreement" means the Certificate Purchase Agreement Relating to $1,900,000 Certificates of Participation (2425 Bisso Lane Office Building), dated June 8, 1982, by and between the Purchaser, the Trustee and the Corporation. Certificates. The term "Certificates" means the certificates of participation prepared and delivered by the Trustee pursuant to this Agreement. Certificate of the Corporation. The term "Certificate of the Corporation" means a certificate signed by the President or a Vice President of the Corporation and by the Treasurer or an Assistant Treasurer or the Secretary or an Assistant Secretary of the Corporation. If and to the extent required by the provisions of Section 1.03, each Certificate of the Corporation shall include the statements provided for in Section 1.03. Commencement Date. The term "Commencement Date" means the date of recordation of the Lease Purchase Agreement in the office of the County Recorder of Contra Costa County, State of California. Corporation. The term "Corporation" means Contra Costa County Public Facilities Corporation, a nonprofit corporation organized and existing under and by virtue of the laws of the State of California. Count . The term "County" means the County of Contra Costa, a political subdivision organized and existing under and by virtue of the laws of the State of California. Deed of Gift. The term "Deed of Gift" means that certain deed, dated as of June 1, 1982 and entitled "Deed of Gift (2425 Bisso Lane Office Building), " from the Corporation, as grantor, to the County, as grantee, which was recorded in the office of the County Recorder of the County of Contra Costa on the Commencement Date. Federal Securities. The term "Federal Securities" means obligations of the United States of America and those for which the faith and credit of the United States of America are pledged for the payment of principal and interest; bonds, consolidated bonds, collateral trust debentures, consolidated debentures or other obligations issued by federal land banks or federal intermediate credit 2 ��1RESOLD i iCN nO. �6O 101 banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act and bonds of any federal home loan bank established under said act; bonds, debentures, participation certificates or other obligations of the Government National Mortgage Association or the Federal National Mortgage Association established under the National Housing Act, as amended; and also any securities now or hereafter authorized, both the principal of and interest on which is guaranteed directly or indirectly by the full faith and credit of the United States of America, as and to the extent that such securities are eligible for the legal investment of County funds. Financial Newspaper or Journal. The term "Financial Newspaper or Journal" means The Wall Street Journal and The Daily Bond Buyer, and any other newspaper or journal publishing financial news and selected by the Trustee, whose decision shall be final and conclusive, printed in the English language, customarily published on each business day and circulated in San Francisco, California. Lease Purchase Agreement. The term "Lease Purchase Agreement" means that certain Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building), between the Corporation, as lessor, and the County, as lessee, dated as of June 1, 1962, which was recorded in the office of the County Recorder of the County of Contra Costa on the Commencement Date. Outstanding. The term "Outstanding_" when used with reference to the Certificates and as of any particular date means all Certificates theretofore delivered except: (a) any Certificate cancelled by the Trustee at or before said date and (b) any Certificate in lieu of or in substitution for which another Certificate shall have been delivered pursuant to this Agreement. Owner. The term "Owner" or "Certificate Owner" or "Owner of Certificates" or any similar term, when used with respect to the Certificates, means any person who shall be the bearer of any Outstanding Certificate not registered or the registered owner of any Outstanding Certificate which at the time is registered. The term "Owner," when used with respect to coupons, means any person who is the bearer of such coupons. 3 102 HESOLU i!ON NO. 321660 Payment Dates; Payment Date. The term "Payment Dates" means January 1 and July 1 of each year commencing January 1, 1983 and terminating on July 1, 1992. The term "Payment Date" means such of the Payment Dates to which reference is made. Project. The term "Project" means an office building in the City of Concord, California, commonly known and designated as 2425 Bisso Lane and containing approximately 25,000 gross square feet, including all works, properties and structures comprising said building and facilities, together with parking, site development, landscaping, utilities, equipment, furnishings, improvements and appurtenant and related facilities, all located on that certain real property situated in the County of Contra Costa, State of California, described in Exhibit A attached hereto and made a part hereof; subject, however, to any conditions, reservations, and easements of record or known to County. Purchaser. The term "Purchaser" means Bank of America National Trust and Savings Association, the purchaser of the Certificates pursuant to the Certificate Purchase Agreement. Rental Payments. The term "Rental Payments" means the Base Rental Payments and Additional Rental Payments payable by the County pursuant to the provisions of the Lease Purchase Agreement. Reserve Recruirement. The term "Reserve Requirement" means $285,000. Revenues. The term "Revenues" means all Rental Payments received by the Corporation pursuant to the Lease Purchase Agreement, and all other revenues, proceeds, charges, income, rents, receipts, profits and benefits derived by the Corporation from the ownership, use or operation of the real property described in Exhibit A hereto and the Project (including interest or profits from the investment of moneys in any fund pursuant to Section 5.04). Trustee. The term "Trustee" means Bank of America National Trust and Savings Association, a national banking association organized and existing under and by virtue of the laws of the United States of America, having a principal corporate trust office in the City and County of San Francisco, State of California, or its successor for the time being as Trustee hereunder. 4 L 103 l Written Consent of the Corporation, Written Order of the Corporation, Written Request of the Corporation, Written Requisition of the Corporation. The terms 'Written Consent of the Corporation," 'Written Order of the Corporation," "Written Request of the Corporation," and "Written Requistion of the Corporation" mean, respectively, a written consent, order, request or requisition signed by or on behalf of the Corporation by its President or a Vice President and by its Treasurer or an Assistant Treasurer or its Secretary or and Assistant Secretary or by any two persons (whether or not officers of the Corporation) who are specifically authorized by resolution of the Board of Directors of the Corporation to sign or execute such a document on its behalf. Section 1.02. Rules of Construction. Words of any gender shall be deemed and construed to include all genders, and words importing persons shall include corporations and associations, i;,cluding public bodies, as well as natural persons. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa. Section 1.03. Content of Certificates and Opinions. Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Agreement, including each Certificate of the Corporation, shall include (a) a statement that the person or persons making or giving such certificate or opinion have read such covenant or condition and the definitions herein relating thereto; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (c) a statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d) a statement as to whether, in the opinion of the signers, such condition or covenant has been complied with. Any such certificate or opinion made or given by an officer of the Corporation may be based, insofar as it relates to legal or accounting matters, upon a certificate or opinion of or representations by counsel or accountants, unless such officer knows, or in the exercise of reasonable care should have known, that the certificate or opinion or representations with respect to the matters upon which his certificate or opinion may be based, as aforesaid, are erroneous. Any such certificate or opinion made or given by counsel or accountants may be based, insofar as it relates to 5 104 factual matters, information with respect to which is in the possession of the Corporation, upon the certificate or opinion of or representations by an officer or officers of the Corporation, unless such counsel, accountant or consultant knows, or in the exercise of reasonable care should have known, that the certificate or opinion or representations with respect to the matters upon which his opinion may be based as aforesaid are erroneous. Section 1.04. Recitals. (a) Deed of Gift. The Corporation has deeded the real property described in Exhibit A hereto and the Project located thereon to the County pursuant to the Deed of Gift; reserving, however, an estate for not to exceed twenty years one month in said real property and the Project. (b) Lease Purchase Agreement. The Corporation and the County have entered into the Lease Purchase Agreement whereby the Corporation has agreed to lease and sell to the County the Project, and the County has agreed to lease and purchase the Project from the Corporation. (c) Rental Payments. Under the Lease Purchase Agreement, the County is obligated to pay to the Corporation or its assigns Rental Payments for the Project. (d) Assignment Agreement. For the purpose of obtaining the moneys required to be deposited by the Corporation with the Trustee, and for the purpose of securing the obligations of the Corporation and the County hereunder, the Corporation has assigned and transferred certain of its rights under the Lease Purchase Agreement to the Trustee, pursuant to the Assignment Agreement; and in consideration of such assignment and the execution of this Agreement, the Trustee has agreed to execute and deliver certificates of participation, each evidencing a proportionate interest in the Base Rental Payments. (e) Conditions Precedent Satisfied. All acts, conditions and things required by law to exist, happen and be performed precedent to and in connection with the execution and entering into of this Agreement have happened and have been performed in regular and due time, form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Agreement. 6 105 ARTICLE II CERTIFICATES; TERMS AND PROVISIONS Section 2.01. Preparation of Certificates. (a) The Trustee is hereby authorized to prepare Certificates in an aggregate principal amount of one million nine hundred thousand dollars ($1,900,000) evidencing undivided ownership interests in the Base Rental Payments to be paid by the County under the Lease Purchase Agreement. (b) The Trustee shall not at any time while the Certificates are Outstanding execute additional certificates evidencing a proportionate interest in the Base Rental Payments, except as provided in Section 2.12. Section 2.02. Denominations; Medium and Place of Payment; Dating. The Certificates shall be delivered in the form of coupon Certificates in the denomination of $5,000 each or in the form of fully registered Certificates without coupons in the denomination of $5,000 each or any integral multiple thereof so long as no fully registered Certificate shall have principal maturing in more than one year, or in any combination of such forms. The Certificates shall be payable in lawful money of the United States of America. The principal of all Certificates and the interest with respect to the coupon Certificates shall be payable at the principal corporate trust office of the Trustee in San Francisco, California. Interest with respect to fully registered Certificates shall be payable by check or draft of the Trustee mailed to the respective Certificate Owners of record on the Payment Dates of such Certificates at the addresses shown on the books required to be kept pursuant to Section 2.10. Coupon Certificates shall be dated as of June 1, 1982, and interest shall be payable with respect to said Certificates from said date in accordance with, and upon surrender of, the appurtenant interest coupons as they severally mature. Fully registered Certificates delivered prior to January 1, 1983 shall be dated as of June 1, 1982. Fully registered Certificates delivered on or after January 1, 1983 shall be dated as of the preceding Payment Date unless such date of delivery shall be a Payment Date, in which case they shall be dated as of such date of delivery. Interest with respect to fully registered Certificates shall be payable from their date. ` � 106 Section 2.03. Payment of Principal and Interest with Respect to Certificates. (a) Certificates in the aggregate principal amount of one million nine hundred thousand dollars ($1,900,000) shall become payable on July 1 in each of the years and in the amounts, and with an interest component as provided in subsection (b) below at the rates, as follows: Maturity Date Principal Interest (July 1) Amount Component 1983 $ 90,000 12.00% 1984 125,000 12.00% 1985 135,000 12.00% 1986 155,000 12.00% 1987 170,000 10.50°%, 1988 195,000 11.00% 1989 215,000 11.25% 1990 240,000 11.50% 1991 270,000 11.75% 1992 305,000 12.00% Principal due on the Certificates on July 1 in each year shall represent the sum of the portion of the Base Rental Payments designated as principal coming due on the December 15 and June 15 immediately preceding such July 1. (b) Interest with respect to the Certificates shall be payable on January 1 and July 1 of each year, commencing January 1, 1983 and continuing to and in the date of maturity or prior redemption, whichever is earlier. Said interest shall represent the sum of the portion of Base Rental Payments designated as interest coming due on the December 15 and June 15 immediately preceding said January 1 and July 1 dates, respectively, at the rates set forth in subsection (a) above. Section 2.04. Forms of Certificates. The coupon Certificates and the interest coupons to be attached thereto and the fully registered Certificates, the corresponding coupon Certificate endorsement and the form of assignment to appear thereon shall be in substantially the following forms, respectively, with necessary or appropriate variations, omissions and insertions as permitted or required by this Agreement: 6 107 [FORM OF COUPON CERTIFICATE OF PARTICIPATION] CERTIFICATE OF PARTICIPATION (2425 Bisso Lane Office Building) Evidencing a Proportionate Interest of the Holder Hereof in Base Rental Payments to be Made by the COUNTY OF CONTRA COSTA, CALIFORNIA to CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION THIS IS TO CERTIFY THAT the bearer of this Certificate of Participation (herein called the "Certificate") is the owner of an undivided percentage interest in the right to receive certain Base Rental Payments under and defined in that certain Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building), dated as of June 1, 1982 (the "Lease Purchase Agreement"), by and between Contra Costa County Public Facilities Corporation (the "Corporation") , a California nonprofit corporation, and the County of Contra Costa (the "County"), a political subdivision organized and existing under and by virtue of the laws of the State of California, the Base Rental Payments to be made thereunder having been assigned to Bank of America National Trust and Savings Association, as trustee (the "Trustee") , having a principal corporate trust office in San Francisco, California_ The holder of this Certificate is entitled to receive, subject to the terms of the Lease Purchase Agreement, on July 1, 19_ (the "Certificate Payment Date"), FIVE THOUSAND DOLLARS ($5,000), representing a portion of the Base Rental Payments designated as principal coming due on the December 15 and June 15 preceding the Certificate Payment Date, and to receive on January 1 and July 1 of each year, commencing on January 1, 1983 and continuing to and including the Certificate Payment Date or the date of prior redemption hereof, whichever is earlier, the bearer's proportionate share of the Base Rental Payments designated as interest coming due on the December 15 or the June 15 preceding each of said dates. Said proportionate share is the result of the multiplication of the aforesaid portion of the Base Rental Payment designated as principal coming due on the December 15 and June 15 preceding the Certificate Payment Date by the rate of per cent ( %) per annum. Said amounts are payable in lawful money of the United States of America at the principal corporate trust office of the Trustee in San Francisco, California. 9 108 The Corporation has assigned its rights to the Base Rental Payments to the Trustee pursuant to an Assignment Agreement, dated as of June 1, 1982, between the Corporation and the Trustee. This Certificate has been executed by the Trustee pursuant to the terms of a Trust Agreement, dated as of June 1, 1982, by and among the County, the Trustee and the Corporation (the "Trust Agreement") . Copies of the Trust Agreement are on file at the principal corporate trust office of the Trustee in San Francisco, California, and reference is made to the Trust Agreement and any and all amendments thereto for a description of the pledges and covenants securing the Certificates, the nature, extent and manner of enforcement of such pledges, the rights and remedies of the bearers or registered owners of the Certificates with respect thereto and the other terms and conditions upon which the Certificates are delivered thereunder. To the extent and in the manner permitted by the terms of the Trust Agreement, the provisions of the Trust Agreement may be modified or amended by the parties thereto, but no such modification or amendment shall (1) extend the fixed maturities of the Certificates, or reduce the rate of interest represented thereby, or extend the time of payment of interest, or reduce the amount of principal represented thereby, or reduce any premium payable on the redemption thereof, without the consent of the bearer hereof, or (2) reduce the percentage of owners of Certificates whose consent is required for the execution of any amendment or modification of the Trust Agreement, or (3) modify any of the rights or obligations of the Trustee without its written consent thereto. This Certificate and the coupons appertaining hereto are negotiable and transferable by delivery, and the Trustee may treat the bearer hereof, or the bearer of any coupon appertaining hereto, as the absolute owner hereof or of such coupon, as the case may be, for all purposes, whether or not this Certificate or such coupon shall be overdue, and the Trustee shall not be affected by any notice to the contrary. The Certificates are issuable in the form of coupon Certificates in the denomination of $5,000 and in the form of fully registered Certificates without coupons in denominations of $5,000 or any authorized multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Trust Agreement, fully registered Certificates may be exchanged for a like aggregate principal amount of coupon Certificates of the same 10 109 maturity or for a like aggregate principal amount of fully registered Certificates of the same maturity of other authorized denominations, and coupon Certificates may be exchanged for a like aggregate principal amount of fully registered Certificates of the same maturity of authorized denominations. The Certificates shall be subject to redemption prior to their respective stated maturities, on any date, as a whole or in part, from proceeds of insurance or proceeds of eminent domain proceedings, under the circumstances and upon the terms prescribed in the Lease Purchase Agreement, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, without premium. The Certificates shall also be subject to redemption prior to their respective stated maturities, as a whole, upon exercise of the option to purchase contained in the Lease Purchase Agreement, on any date, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, plus a premium of five per cent (5%) of such principal amount. The Certificates shall further be subject to redemption prior to their respective stated maturities, on any date, as a whole or in part, upon failure of the County to renew the Lease Purchase Agreement for any renewal term (as such term is defined therein), under the circumstances and upon the terms prescribed in the Lease Purchase Agreement, at the principal amount thereof (or such lesser amount as may be available for such purpose) and accrued interest thereon to the date fixed for redemption, without premium. The Certificates shall not otherwise be subject to redemption before their respective stated maturities. As provided in the Trust Agreement, notice of redemption shall be given by publication at least once in a financial newspaper or journal, printed in the English language, customarily published on each business day and circulated in San Francisco, California, such publication to be not less than thirty nor more than sixty days before the redemption date. If this Certificate is called for redemption and payment is duly provided therefore as specified in the Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption, and coupons for such interest subsequently maturing shall be void. The Certificates evidence a proportionate interest in the Base Rental Payments and enjoy the benefits of a security interest in the moneys held in the funds and accounts established pursuant to the Trust Agreement, subject to the provisions of the Trust Agreement permitting the 11 1 , 110 application thereof for or to the purposes and on the terms and conditions set forth in the Trust Agreement. The obligation of the County to make Base Rental Payments constitutes a current expense of the County, renewable for one-year terms on each July 1 from and after July 1, 1983, at the sole option of the County, as more particularly described in the Lease Purchase Agreement, and does not constitute a debt of the County or of the State of California within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon the funds or property of the State of California or of the County beyond any fiscal year for which the County has allocated moneys to make Base Rental Payments. The Trustee has no obligation or liability to the Certificate owners for the payment of interest or principal pertaining to the Certificates; the Trustee's sole obligations are to administer, for the benefit of the County, the Corporation and the Certificate owners, the various funds and accounts established in the Trust Agreement. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by the Constitution and statutes of the State of California and the Trust Agreement to exist, to have happened and to have been performed precedent to and in the delivery of this Certificate, exist, have happened and have been performed in due time, form and manner as required by law. IN WITNESS WHEREOF, this Certificate has been executed by the manual signature of an authorized officer of the Trustee and the coupons attached hereto have been executed by the facsimile signature of an authorized officer of the Trustee, all as of the first day of June, 1982. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee By (Authorized Officer) 12 � � 111 [FORM OF INTEREST COUPON] On 1, 19,, (unless the attached Certificate shall have been duly called for previous redemption and payment of the redemption price made or duly provided for) the bearer hereof will be entitled to receive from the sources of funds mentioned in the attached Certificate the sum shown hereon in lawful money of the United States of America, at the principal corporate trust office of BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION in San Francisco, California, upon presentation and surrender hereof, being the $ interest then due with respect to the Certificate of Participation (2425 Bisso Lane Office Building), dated as of June 1, 1982, No. Coupon No. _ BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee BY (Authorized Officer) 13 112 [FORM OF FULLY REGISTERED CERTIFICATE OF PARTICIPATION] CERTIFICATE OF PARTICIPATION (2425 Bisso Lane Office Building) Evidencing a Proportionate Interest of the Holder Hereof in Base Rental Payments to be Made by the COUNTY OF CONTRA COSTA, CALIFORNIA to CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION THIS IS TO CERTIFY THAT is the registered owner of this Certificate of Participation (herein called the "Certificate") and is the owner of an undivided percentage interest in the right to receive certain Base Rental Payments under and defined in that certain Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building), dated as of June 1, 1982 (the "Lease Purchase Agreement"), by and between Contra Costa County Public Facilities Corporation (the "Corporation"), a California nonprofit corporation, and the County of Contra Costa (the "County"), a political subdivision organized and existing under and by virtue of the laws of the State of California, the Base Rental Payments to be made thereunder having been assigned to Bank of America National Trust and Savings Association, as trustee (the "Trustee"), having a principal corporate trust office in San Francisco, California. The registered owner of this Certificate is entitled to receive, subject to the terms of the Lease Purchase Agreement, on July 1, 19_ (the "Certificate Payment Date"), DOLLARS ($ ), representing a portion of the Base Rental Payments designated as principal coming due on the December 15 and June 15 preceding the Certificate Payment Date, and to receive from the date hereof, which date shall be the interest payment date next preceding the date of delivery hereof by the Trustee (unless such date of delivery is an interest payment date, in which case the date hereof shall be said date, or unless such date of delivery is prior to January 1, 1983, in which case the date hereof shall be June 1, 1982), payable on January 1 and July 1 of each year, commencing January 1, 1983 and continuing to and including the Certificate Payment Date or the date of prior redemption hereof, whichever is earlier, the registered owner' s proportionate share of the Base Rental Payments designated as interest coming due on the December 15 or the June 15 preceding each of said dates. Said proportionate share is the result of the multiplication of the aforesaid portion of the Base Rental Payment designated 14 . � 113 as principal coming due on the December 15 or the June 15 preceding the Certificate Payment Date by the rate of percent ( %) per annum. Said amounts are payable in lawful money of the United States of America at the principal corporate trust office of the Trustee in San Francisco, California. The Corporation has assigned its rights to the Base Rental Payments to the Trustee pursuant to an Assignment Agreement, dated as of June 1, 1982, between the Corporation and the Trustee. This Certificate has been executed by the Trustee pursuant to the terms of a Trust Agreement, dated as of June 1, 1982, by and among the County, the Trustee and the Corporation (the "Trust Agreement") . Copies of the Trust Agreement are on file at the principal corporate trust office of the Trustee in San Francisco, California, and reference is made to the Trust Agreement and any and all amendments thereto for a description of the pledges and covenants securing the Certificates, the nature, extent and manner of enforcement of such pledges, the rights and remedies of the bearers or registered owners of the Certificates with respect thereto and the other terms and conditions upon which the Certificates are delivered thereunder. To the extent and in the manner permitted by the terms of the Trust Agreement, the provisions of the Trust Agreement may be modified or amended by the parties thereto, but no such modification or amendment shall (1) extend the fixed maturities of the Certificates, or reduce the rate of interest represented thereby, or extend the time of payment of interest, or reduce the amount of principal represented thereby, or reduce any premium payable on the -redemption thereof, without the consent of the registered owner hereof, or (2) reduce the percentage of owners of Certificates whose consent is required for the execution of any amendment or modification of the Trust Agreement, or (3) modify any of the rights or obligations of the Trustee without its written consent thereto. This Certificate is transferable by the registered owner hereof, in person or by his attorney duly authorized in writing, at said office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Trust Agreement, and upon surrender and cancellation of this Certificate. Upon such transfer a new fully registered Certificate or Certificates without coupons, of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount will be issued to the transferee in exchange herefor. 15 - L 114 The Trustee may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Trustee shall not be affected by any notice to the contrary. The Certificates are issuable in the form of coupon Certificates in the denomination of $5,000 and in the form of fully registered Certificates without coupons in denominations of $5,000 or any authorized multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Trust Agreement, fully registered Certificates may be exchanged for a like aggregate principal amount of coupon Certificates of the same maturity or for a like aggregate principal amount of fully registered Certificates of the same maturity of other authorized denominations, and coupon Certificates may be exchanged for a like aggregate principal amount of fully registered Certificates of the same maturity of authorized denominations. The Certificates shall be subject to redemption prior to their respective stated maturities, on any date, as a whole or in part, from proceeds of insurance or proceeds of eminent domain proceedings, under the circumstances and upon the terms prescribed in the Lease Purchase Agreement, at the -- principal amount thereof and accrued interest thereon to the ' date fixed for redemption, without premium. The Certificates shall also be subject to redemption prior to their respective stated maturities, as a whole, upon exercise of the option to purchase contained in the Lease Purchase Agreement, on any date, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, plus a premium of five per cent (5%) of such principal amount. The Certificates shall further be subject to redemption prior to their respective stated maturities, on any date, as a whole or in part, upon failure of the County to renew the Lease Purchase Agreement for any renewal term (as such term is defined therein), under the circumstances and upon the terms prescribed in the Lease Purchase Agreement, at the principal amount thereof (or such lesser amount as may be available for such purpose) and accrued interest thereon to the date fixed for redemption, without premium. The Certificates shall not otherwise be subject to redemption before their respective stated maturities. As provided in the Trust Agreement, notice of redemption shall be given by publication at least once in a financial newspaper or journal, printed in the English language, customarily published on each business day and circulated in San Francisco, California, such publication to be not less than thirty nor more than sixty days before the redemption date. Notice of redemption hereof shall also be 16 115 mailed, not less than thirty nor more than sixty days prior to the redemption date, to the registered owner of this Certificate, but neither failure to mail such notice nor any defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. If this Certificate is called for redemption and payment is duly provided therefor as specified in the Trust Agreement, interest shall cease to accrue hereon from and after the date fixed for redemption. The Certificates evidence a proportionate interest in the Base Rental Payments and enjoy the benefits of a security interest in the moneys held in the funds and accounts established pursuant to the Trust Agreement, subject to the provisions of the Trust Agreement permitting the application thereof for or to the purposes and on the terms and conditions set forth in the Trust Agreement. The obligation of the County to make Base Rental Payments constitutes a current expense of the County, renewable for one-year terms on each July 1 from and after July 1, 1983, at the sole option of the County, as more particularly described in the Lease Purchase Agreement, and does not constitute a debt of the County or of the State of California within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon the funds or property of the State of California or of the County beyond any fiscal year for which the County has allocated moneys to make Base Rental Payments. The Trustee has no obligation or liability to the Certificate owners for the payment of interest or principal pertaining to the Certificates; the Trustee's sole obligations are to administer, for the benefit of the County, the Corporation and the Certificate owners, the various funds and accounts established in the Trust Agreement. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by the Constitution and statutes of the State of California and the Trust Agreement to exist, to have happened and to have been performed precedent to and in the delivery of this Certificate, exist, have happened and have been performed in due time, form and manner as required by law. } 17 116 IN WITNESS WHEREOF, this Certificate has been executed by the manual signature off an authorized officer of dof the Trustee, all as of the Y ' BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee BY (Authorized Officer) 18 _ 117 [FORM OF ASSIGNMENT] ASSIGNMENT For value received the undersigned do(es) hereby sell, assign and transfer unto the within-mentioned Registered Certificate and hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the Certificate register of the Trustee with full power of substitution in the premises. Dated: Note: The signature(s) to this Assignment must correspond with the name(s) as written on the face of the within Registered Certificate in every particular, without alteration or enlargement or any change whatsoever_ [FORM OF CORRESPONDING COUPON CERTIFICATE ENDORSEMENT] Notice: No writing below except by the Trustee This Registered Certificate is issued in lieu of or in exchange for Coupon Certificate(s) of this issue, interest rate and maturity, numbered in the denomination of $5,000 each not contemporaneously outstanding aggregating the face value hereof; and Coupon Certificate(s) of this issue and of the same interest rate and maturity aggregating the face value hereof [and bearing the above serial number(s) which has (have) been reserved for such Coupon Certificate(s) ] will be issued in exchange for this Registered Certificate and upon surrender and cancellation thereof and upon payment of charges, all as provided in the within-mentioned Trust Agreement. 19 118 Section 2.05. Legends. The Certificates may contain or have endorsed thereon such provisions, specifications and descriptive words not inconsistent with the provisions of this Agreement as may be necessary or desirable to comply with custom, or otherwise, as may be determined by the Corporation or the Trustee prior to delivery thereof. Section 2.06. Execution. The Certificates shall be executed by and in the name of the Trustee, as trustee under this Agreement, by the manual signature of an authorized officer of the Trustee, and coupons appertaining thereto shall be executed by and in the name of the Trustee, as trustee under this Agreement, by the facsimile signature of an authorized officer of the Trustee. Section 2.07. Transfer of Coupon Certificates and Coupons. All coupon Certificates shall be negotiable and transferable by delivery alone. The Trustee may treat the bearer of any coupon Certificate, whether or not such Certificate shall be overdue, and the bearer of any coupon, whether or not such coupon shall be overdue, as the absolute owner of such Certificate or coupon for the purpose of receiving payment thereof and for all other purposes whatsoever, and the Trustee shall not be affected by any notice or knowledge to the contrary. Section 2.08. Transfer of Fully Registered Certificates. Any fully registered Certificate without coupons may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.10, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such fully registered Certificate for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Trustee. Whenever any Certificate shall be issued as a fully registered Certificate without coupons, there shall be reserved by the Trustee unissued an aggregate principal amount of coupon Certificates, of the same maturity and of the denomination of five thousand dollars ($5,000), equal to the principal amount of such fully registered Certificate, and in such case the serial number or numbers of the coupon Certificate or Certificates so reserved, together with an appropriate statement as to such reservation, shall be endorsed on such fully registered Certificate. Whenever any fully registered Certificate or Certificates without coupons shall be surrendered for 20 119 transfer, the Trustee shall execute and deliver a new fully registered Certificate or Certificates of the same maturity, for like aggregate principal amount, which shall have endorsed thereon the same coupon Certificate serial number or numbers so reserved. The Trustee may charge a sum not exceeding twenty dollars ($20.00) for each new fully registered Certificate issued upon any transfer except that no charge shall be made to any registered owner of Certificates initially delivered in fully registered form for transferring such Certificates. The exception set forth in the foregoing sentence shall not apply to later transfers when the Certificates presented for transfer are not those initially delivered, but have been delivered in a previous exchange or transfer. The Trustee shall also require the payment by any Certificate Owner requesting any such transfer of any tax or other governmental charge required to be paid with respect to such transfer. No transfer of fully registered Certificates shall be required to be made during the fifteen days next preceding each interest payment date. Section 2.09. Exchange of Certificates. Fully registered Certificates without coupons may be exchanged at the principal corporate trust office of the Trustee in San Francisco, California, for a like aggregate principal amount of coupon Certificates (or for a like aggregate principal amount of fully registered Certificates of other authorized denominations) of the same maturity, and coupon Certificates may be exchanged at said office of the Trustee for a like aggregate principal amount of fully registered Certificates of authorized denominations of the same maturity. All coupon Certificates surrendered for exchange and delivered in exchange shall have attached thereto all unmatured coupons appertaining thereto (together with any matured coupons in default appertaining thereto) . The Trustee shall preserve coupon Certificates surrendered to it for exchange, and may subsequently reissue said coupon Certificates in exchange for a like aggregate principal amount of fully registered Certificates, as hereinabove provided, after detaching all matured interest coupons (except matured interest coupons in default) appertaining thereto. The Trustee may charge a sum not exceeding twenty dollars ($20.00) for each new Certificate issued upon any exchange except in the case of any exchange of temporary Certificates for definitive Certificates and except as hereinafter provided. No charge shall be made to any holder of Certificates initially delivered in coupon form for exchanging such Certificates in coupon form for Certificates in fully registered form, and no charge shall be made to any registered owner of Certificates initially delivered in fully registered form for exchanging 21 120 such Certificates in fully registered form for Certificates in coupon form or Certificates in fully registered form of other authorized denominations. The foregoing sentence shall not apply to later exchanges when the Certificates presented for exchange are not those initially delivered, but have been delivered in a previous exchange or transfer. The Trustee shall also require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. No exchange of Certificates shall be required to be made during the fiteen days next preceding each interest payment date. Section 2.10. Certificate Registration Books. The Trustee will keep or cause to be kept, at its principal corporate trust office in San Francisco, California, sufficient books for the registration and transfer of the Certificates, which shall at all times be open to inspection by the Corporation or the County; and, upon presentation for such purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, Certificates as hereinbefore provided. The person in whose name any Certificate shall be registered shall be deemed the Owner thereof for all purposes hereof, and payment of or on account of the interest on and principal of and redemption premium, if any, represented by such Certificate shall be made only to or upon the order in writing of such registered Owner, which payments shall be valid and effectual to satisfy and discharge liability upon such Certificate to the extent of the sum or sums so paid. Section 2.11. Temporary Certificates. The Certificates may be initially issued in temporary form exchangeable for definitive Certificates when ready for delivery. The temporary Certificates may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the Trustee, shall be in registered form without coupons and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Certificate shall be executed by the Trustee upon the same conditions and in substantially the same manner as the definitive fully registered Certificates. I£ the Trustee issues temporary Certificates it will execute and furnish definitive Certificates without delay, and thereupon the temporary Certificates may be surrendered, for cancellation, in exchange therefor at the principal corporate trust office of the Trustee in San Francisco, California, and the Trustee shall deliver in exchange for such temporary 22 - 1- 121 Certificates an equal aggregate principal amount of definitive coupon Certificates or definitive fully registered Certificates of the same maturity or maturities. Until so exchanged, the temporary Certificates shall be entitled to the same benefits under this Agreement as definitive Certificates executed and delivered hereunder. Section 2.12. Certificates Mutilated, Lost, Destroyed or Stolen. If any Certificate or coupon shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, shall execute and deliver a new Certificate or coupon of like tenor, maturity and number (having, in the case of a Certificate in coupon form, annexed appropriate coupons corresponding to those, if any, annexed to the mutilated Certificate) in exchange and substitution for the Certificate or coupon so mutilated (except that such number may be preceded by a distinguishing prefix), but only upon surrender to the Trustee of the Certificate or coupon so mutilated, together, in the case of coupon Certificates, with any unpaid coupons appertaining thereto. Every mutilated Certificate or coupon so surrendered to the Trustee shall be cancelled by it and either destroyed or delivered upon the order of the County. If any Certificate or coupon shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee, and, if such evidence is satisfactory to the Trustee and indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Certificate Owner, shall execute and deliver a new Certificate or coupon of like tenor and maturity, and numbered as the Trustee shall determine (having, in the case of a Certificate in coupon form, annexed appropriate coupons corresponding to those, if any, annexed to the lost, destroyed or stolen Certificate), in lieu of and in substitution for the Certificate or coupon so lost, destroyed or stolen. The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Certificate or coupon issued under this Section and of the expenses which may be incurred by the Trustee under this Section. Any Certificate or coupon issued under the provisions of this Section in lieu of any Certificate or coupon alleged to be lost, destroyed or stolen shall be equally and proportionately entitled to the benefits of this Agreement with all other Certificates and coupons secured by this Agreement. The Trustee shall not be required to treat both the original Certificate and any duplicate Certificate as being Outstanding for the purpose of determining the principal amount of Certificates which may be issued hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and duplicate Certificate shall be treated as one and the same. Notwithstanding any other provision of this Section, in lieu 23 122 of delivering a new Certificate or coupon for a Certificate or coupon which has been mutilated, lost, destroyed or stolen and which has matured, the Trustee may make payment of such Certificate or coupon. ARTICLE III DELIVERY OF CERTIFICATES; ACQUISITION AND CONSTRUCTION FUND Section 3.01. Delivery of Certificates. The Trustee is hereby authorized to execute and deliver Certificates in an aggregate principal amount of not exceeding one million nine hundred thousand dollars ($1,900,000), to the Purchaser pursuant to the Certificate Purchase Agreement, upon the Written Order of the Corporation. Section 3.02. Application of Proceeds of Certificates. The proceeds received from the sale of the Certificates shall be deposited with the Trustee, who shall forthwith set aside such proceeds in the following respective funds: (a) The Trustee shall set aside in the Interest Fund (established pursuant to Section 5.02) an amount equal to any accrued interest received upon the sale of the Certificates. (b) The Trustee shall set aside in the Reserve Fund (established pursuant to Section 5.02) a sum equal to two hundred eighty-five thousand dollars ($285,000) . (c) The Trustee shall set aside in the Corporate Operation Fund (established pursuant to Section 5.03) a sum equal to five thousand dollars ($5,000) . (d) The Trustee shall set aside the remainder of said proceeds in a separate fund to be known as the "Acquisition and Construction Fund, " which the Trustee shall establish and maintain. Section 3.03. Acquisition and Construction Fund. The moneys in the Acquisition and Construction Fund shall be held by the Trustee in trust and applied to the payment of the costs of acquisition of the real property described in Exhibit A hereto and of the Project located thereon and of expenses incidental thereto, and payment of any amounts due to the County under the County's competitive bidding documents, including architectural and engineering fees and expenses, furniture and equipment, tests and inspection, 24 123 surveys, land acquisition, insurance premiums, the initial fees and expenses of the Trustee, expenses in connection with the preparation, issuance and delivery of the Certificates, legal fees and expenses of counsel, and similar expenses. Before any payment is made from the Acquisition and Construction Fund by the Trustee, the Corporation shall cause to be filed with the Trustee a Written Requisition of the Corporation, with the approval of the Director of Public Works of the County or his duly authorized representative endorsed thereon, showing with respect to each payment to be made -- (a) the item number of the payment; (b) the name of the person to whom payment is due; (c) the amount to be paid; and (d) the purpose for which the obligation to be paid was incurred. Each such Written Requisition shall state, and shall be sufficient evidence to the Trustee -- (a) that obligations in the stated amounts have been incurred by the Corporation and that each item thereof is a proper charge against the Acquisition and Construction Fund; and (b) that there has not been filed with or served upon the Corporation notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to any of the persons named in such Written Requisition, which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen' s or mechanics' liens accruing by mere operation of law. Upon receipt of each such Written Requisition, the Trustee will pay the amount set forth in such Written Requisition as directed by the terms thereof. The Trustee need not make any such payment if it has received notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the moneys to be so paid, which has not been released or will not be released simultaneously with such payment. When the real property described in Exhibit A hereto and the Project located thereon shall have been 25 124 5 acquired, a Certificate of the Corporation stating the fact and date of such acquisition and stating that all of such cost of acquisition and incidental expenses have been determined and paid (or that all of such costs and expenses have been paid less specified claims which are subject to dispute and for which a retention in the Acquisition and Construction Fund is to be maintained in the full amount of such claims until such dispute is resolved), shall be delivered to the Trustee by the Corporation. Upon the receipt of such certificate, the Trustee shall transfer any remaining balance in the Acquisition and Construction Fund and not needed for Acquisition and Construction Fund purposes (but less the amount of any such retention) to the Revenue Fund established pursuant to Section 5.01. ARTICLE IV REDEMPTION OF CERTIFICATES Section 4.01. Terms of Redemption. (a) The Certificates shall be subject to redemption prior to their respective stated maturities, on any date, as a whole, or in part by lot within each maturity so that the aggregate amounts of principal and interest represented by the Certificates for all years in which principal represented by Certificates shall be payable after such redemption shall be as nearly equal as practicable, from proceeds of insurance or proceeds of eminent domain proceedings, upon the terms and conditions of, and as provided for in, Sections 8.05 and 9.01, respectively, of the Lease Purchase Agreement, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, without premium. (b) The Certificates shall also be subject to redemption prior to their respective stated maturities, as a whole, upon exercise by the County of the option to purchase contained in Section 11.01(b) of the Lease Purchase Agreement, from the purchase price paid by the County, on any date, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, plus a premium of five per cent (5%) of such principal amount. (c) The Certificates shall further be subject to redemption prior to their respective stated maturities, on any date, as a whole or in part, upon failure of the County to renew the Lease Purchase Agreement for any renewal term (as such term is defined therein), at the option of the Corporation, at the principal amount thereof (or such lesser amount as may be available for such purpose) and accrued interest thereon to the date fixed for redemption, without premium. (d) The Certificates shall not otherwise be subject to redemption before their respective stated maturities. 26 125 Section 4.02. Selection of Certificates for Redemption. Whenever less than all of the Certificates of any one maturity are called for redemption, the Trustee shall select the Certificates to be redeemed, from the outstanding Certificates of such maturity, by lot in any manner which the Trustee deems fair. The Trustee shall promptly notify the Corporation and the County in writing of the numbers of the Certificates so selected for redemption. Section 4.03. Notice of Redemption. Notice of redemption (except as provided below) shall be given by publication at least once prior to the redemption date in a Financial Newspaper or Journal, such publication to be not less than thirty nor more than sixty days before such redemption date. Each notice of redemption shall state the redemption date, the place of redemption and the redemption price, shall designate the serial numbers of the Certificates to be redeemed by giving the individual numbers of each Certificate or by stating that all Certificates between two stated numbers, both inclusive, have been called for redemption, and shall require that such Certificates be then surrendered with, in the case of coupon Certificates, all interest coupons maturing subsequent to the said redemption date for redemption at the said redemption price, and shall also state that the interest on the Certificates in such notice designated for redemption shall cease to accrue from and after such redemption date and that on said date there will become due and payable on each of said Certificates the redemption price thereof (such redemption price to be specified) and interest accrued thereon to the redemption date (which, in the case of a redemption date falling on an interest payment date, shall be represented by the interest coupon coming due on such interest payment date). If any of the coupon Certificate serial numbers so chosen shall be the serial numbers of coupon Certificates then reserved against outstanding registered Certificates, such notice shall specify the respective serial numbers of such reserved coupon Certificates, and if the serial numbers of all the coupon Certificates reserved against any particular registered Certificate shall not have been chosen so that less than the whole of the principal of such registered Certificate shall be redeemable, the said notice shall also state that such registered Certificate is to be redeemed in part only. A similar notice shall also be mailed to the Purchaser and to the respective registered Owners of any Certificates designated for redemption at their addresses appearing on the Certificate registration books, at least thirty days but not more than sixty days prior to the 27 126 redemption date, which notice shall, in addition to setting forth the above information, set forth, in the case of each registered Certificate called only in part, the portion of the principal thereof which is to be redeemed; provided that neither failure to mail such notice nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of such Certificates. In case of the redemption as herein permitted of all of the Certificates then outstanding, or of all of the Certificates of any maturity, notice of redemption shall be given by publication and mailing in the same manner as for partial redemption of Certificates, except that the notice of redemption need not specify the serial numbers of the Certificates to be redeemed. If at the time of giving notice of redemption no Certificates are outstanding except registered Certificates, publication of such notice shall be deemed to have been waived if such notice shall have been mailed to each registered Owner of such Certificates at his address as it appears on the Certificate registration books or at such address as he may have filed with the Trustee for that purpose. Notice of redemption of Certificates shall be given by the Trustee. Section 4.04. Partial Redemption of Registered Certificate. Upon surrender of any fully registered Certificate redeemed in part only, the Trustee shall execute and deliver to the registered Owner thereof, at the expense of the Corporation, a new Certificate or Certificates of authorized denominations equal in aggregate principal amount to the unredeemed portion of the Certificate surrendered and of the same interest rate and maturity, which new Certificate or Certificates may be, at the option of the registered Owner, either a coupon Certificate or Certificates with all unmatured coupons appertaining thereto or a fully registered Certificate or Certificates of authorized denominations. The registered Owner of any fully registered Certificate may, in lieu of surrendering such Certificate for a new Certificate, endorse on the reverse of such Certificate a notation of such partial redemption, in such form as may be satisfactory to the Corporation and the Trustee and under such conditions as the Trustee may approve. Such partial redemption shall be valid upon payment of the amount thereby required to be paid to such registered Owner, and the County, the Corporation and the Trustee shall be released and discharged from all liability to the extent of such payment, irrespective of whether such endorsement shall or shall not have been made upon the reverse of such fully registered Certificate by such 28 1 L 127 registered Owner and irrespective of any error or omission in such endorsement. Section 4.05. Effect of Redemption. When notice of redemption has been duly given as aforesaid, and moneys for payment of the redemption price are held by the Trustee, the Certificates so called for redemption shall, on the redemption date designated in such notice, become due and payable at the redemption price specified in such notice; and from and after the date so designated interest on the Certificates so called for redemption shall cease to accrue, the coupons for interest thereon maturing subsequent to the redemption date shall be void, said Certificates shall cease to be entitled to any benefit or security under this Agreement, and the holders of said Certificates shall have no rights in respect thereof except to receive payment of the redemption price thereof. The Trustee shall, upon surrender for payment of any of said Certificates, together with all coupons thereto appertaining unmatured at the redemption date, pay such Certificates at the redemption price as aforesaid, together with accrued interest thereon not represented by coupons for matured interest installments. All unpaid interest installments represented by coupons which shall have matured on or prior to the date of redemption designated in such notice shall continue to be payable to the bearers severally and respectively upon the presentation and surrender of such coupons. All Certificates redeemed pursuant to the provisions of this Article and the appurtenant coupons, if any, shall be cancelled upon surrender thereof and delivered to the Corporation, and no Certificates shall be issued in place thereof. Section 4.06. Rescission of Notice of Redemption. The Trustee may, at its option, prior to the date fixed for redemption in any notice of redemption rescind and cancel such notice of redemption. ARTICLE V REVENUES Section 5.01. Use of Revenues; Revenue Fund. All of the Revenues are hereby irrevocably pledged to, and shall be used for, the punctual payment of the Certificates, and Revenues shall not be used for any other purpose while any of the Certificates remain Outstanding, except that out of Revenues there may be apportioned and paid such sums, for 29 - 128 such purposes, as are expressly permitted by Sections 5.02, 5.03, 6.04, and 6.17. Said pledge shall constitute a firs:• and exclusive lien on the Revenues in accordance with the terms thereof. All Revenues to which the Corporation may at any time be entitled (including income or profit from investments pursuant to Section 5.04) shall be paid directly to the Trustee, and if received by the Corporation at any time shall be deposited by the Corporation with the Trustee within one business day after the receipt thereof, and the Trustee shall deposit all Revenues (except income or profit from investments pursuant to Section 5.04, except Additional Rental Payments paid by the County pursuant to the Lease Purchase Agreement, except any proceeds of insurance received pursuant to Section 8.05 of the Lease Purchase Agreement or Section 6.04 hereof and except any eminent domain proceeds received pursuant to Section 9.01 of the Lease Purchase Agreement or Section 6.17 hereof) in a special fund designated as the "Revenue Fund, " which the Trustee shall establish and maintain so long as any of the Certificates are Outstanding. All moneys at any time deposited in the Revenue Fund shall be held by the Trustee in trust for the benefit of the Owners from time to time of the Certificates and the coupons appertaining thereto, but shall nevertheless be disbursed, allocated and applied solely for the uses and purposes herein set forth. Section 5.02. Allocation of Moneys in Revenue Fund to Special Funds. The Trustee shall transfer from the Revenue Fund the following amounts at the times and in the manner hereinafter provided, and shall deposit such amounts in one or more of the following respective funds, each of which the Trustee shall establish and maintain and hold in trust, and each of which shall be disbursed and applied only as hereinafter authorized. Such amounts shall be so transferred to and deposited in the following respective funds in the following order of priority, the requirements of each such fund at the time of deposit to be satisfied before any transfer is made to any fund subsequent in priority: (a) Interest Fund. The Trustee, on or before June 30 and December 31 of each year (commencing on or before December 31, 1982) , shall deposit in the Interest Fund (the initial payment into which is provided for in Section 3.02) an amount representing the portion of the Base Rental Payments designated as interest coming due on the December 15 and June 15 immediately preceding said December 31 and June 30 dates, respectively. 30 129 Except as hereinafter provided, moneys in the Interest Fund shall be used and withdrawn by the Trustee solely for the purpose of paying the interest with respect to the Certificates when due and payable (including accrued interest on any Certificates redeemed prior to maturity pursuant to this Agreement) . (b) Principal Fund. The Trustee, on or before December 31 of each year (commencing on or before December 31, 1982), shall deposit in the Principal Fund an amount representing the portion of the Base Rental Payments designated as principal coming due on the immediately preceding December 15, and the Trustee, on or before June 30 of each year (commencing on or before June 30, 1983), shall deposit in the Principal Fund an amount representing the portion of the Base Rental Payments designated as principal coming due on the immediately preceding June 15. No deposit need be made into the Principal Fund so long as there shall be in such fund moneys sufficient to pay the portion of all Certificates then Outstanding designated as principal and coming due on the next succeeding July 1. All moneys in the Principal Fund shall be used and withdrawn by the Trustee solely for the purpose of paying the principal with respect to the Certificates when due and payable. (c) Operation and Maintenance Fund. If at any time the Corporation shall operate the Project, the Trustee, on or before each June 30 and each December 31, shall deposit in the Operation and Maintenance Fund all amounts which shall be estimated to be required to provide for the payment of all costs of maintenance and operation of the Project during the next six months, including costs of repair and replacements, labor costs and insurance. Moneys in the Operation and Maintenance Fund shall be disbursed by the Trustee to pay such costs upon the Written Request of the Corporation. (d) Reserve Fund. The Trustee, on or before each June 30 and each December 31 (commencing on or before December 31, 1982) , shall deposit in the Reserve Fund (the initial payment into which is provided for in Section 3.02) all moneys available after the deposits required by subsections (a) , (b) and (c) of this Section have been made. If on January 1 or July 1 of any year the amount in the Reserve Fund exceeds the Reserve 31 130 Requirement, the Trustee, if the Corporation and the County are not then in default hereunder and if the County is not then in default under the Lease Purchase Agreement and the Lease Purchase Agreement shall not have terminated pursuant to Section 4.02(a) thereof, shall pay the amount of such excess to the County, unless any portion of such excess shall be needed to increase the balance in the Corporate Operation Fund to the amount required to be on deposit in said fund, in which event the Trustee shall transfer such portion to the Corporate Operation Fund. Moneys in the Reserve Fund may also be used and withdrawn, upon the Written Request of the Corporation, to pay, together with insurance proceeds received or to be received by the Trustee and to make up for portions of losses not covered by insurance because of deductible amounts or replacement cost limitations on the amount of insurance obtained, for the repair, reconstruction or replacement of any damaged or destroyed portion of the Project, pursuant to the procedure set forth in Section 8.05 of the Lease Purchase Agreement or Section 6.04(a) hereof, or for the loss of rental income not insured against because of the deductible amount permitted by Section 8.07 of the Lease Purchase Agreement or Section 6.04(c) hereof, or to increase the balance in the Corporate Operation Fund to the amount required to be on deposit in said fund, but no such withdrawals shall reduce the Reserve Fund below one-half (1/2) of the Reserve Requirement. Except for such withdrawals, moneys in the Reserve Fund shall be used and withdrawn solely for the payment of the principal and interest represented by the Certificates in the event that no other funds are available therefor, or for the retirement or redemption of all of the Certificates then outstanding. Section 5.03. Corporate Operation Fund. The Trustee shall establish, and maintain and hold in trust so long as any of the Certificates are Outstanding, a special fund designated as the "Corporate Operation Fund." The Trustee shall deposit in the Corporate Operation Fund (the initial payment into which is provided for in Section 3.02) all amounts received from the County as Additional Rental Payments under the Lease Purchase Agreement. The moneys in the Corporate Operation Fund shall be disbursed by the Trustee upon the Written Request of the Corporation for the payment of administrative costs of the Corporation, including salaries, wages, all expenses, compensation and indemnification of the Trustee payable by the Corporation under this Agreement, fees of the auditors, accountants, attorneys or engineers, insurance premiums and all other 32 131 necessary administrative costs of the Corporation or charges required to be paid by it in order to maintain its corporate existence or to comply with the terms of the Certificates or of this Agreement. The Trustee shall, from time to time and as often as necessary to replenish and maintain a balance of five thousand dollars ($5,000) in said Fund, give notice to the County of such Additional Rental Payments required to be paid pursuant to the Lease Purchase Agreement. The Corporation has issued and intends to issue bonds to finance facilities other than the Project. The administrative costs of the Corporation shall be allocated among said facilities and the Project, as hereinafter in this paragraph provided. Any taxes levied against the Corporation with respect to the Project, the fees of the Trustee under this Agreement, and any other expenses directly attributable to the Project shall be included in the administrative costs of the Project and shall be paid from the Corporate Operation Fund. Any taxes levied against the Corporation with respect to real property other than the trust estate, the fees of any trustee or paying agent under any indenture securing bonds of the Corporation, and any other expenses directly attributable to any facilities other than the Project shall not be included in the administrative costs of the Project and shall not be paid from the Corporate Operation Fund. Any expenses of the Corporation not directly attributable to any particular project of the Corporation shall be equitably allocated among all such projects, including the Project, in accordance with sound accounting practice. In the event of any question or dispute as to such allocation, the written opinion of an independent firm of certified public ME accountants, employed by the Corporation to consider the question and render an opinion thereon, shall be a final and conclusive determination as to such allocation. The Trustee may conclusively rely upon the Written Request of the Corporation, approved by the Director of Public Works of the County or his duly authorized representative, in making any payment from the Corporate Operation Fund, and shall not be required to make any investigation as to whether or not the items so requested to be paid are expenses of operation of the Project. Section 5.04. Investment of Moneys in Special Funds. Any moneys in any of the funds to be established by the Trustee pursuant to Sections 3.02, 3.03, 5.01, 5.02 and 5.03 may be invested (and, upon the Written Request of the Corporation, shall be invested) by the Trustee in time deposits (including certificates of deposit) or repurchase agreements of banks (including the Trustee) or savings and loan associations or in Federal Securities (subject in each case to the limitations as to maturities hereinafter in this 33 132 i Section set forth), but any moneys invested in time deposits (including certificates of deposit) of banks or savings and loan associations shall be secured at all times by collateral security, of a market value of no less than the amount of such moneys so invested, of such types and in such manner as is required by law to secure deposits of funds of the County. Moneys in the Interest Fund and in the Principal Fund may be invested in obligations which will, as nearly as practicable, mature on or before the respective semiannual interest payment dates or annual Certificate maturity dates on which such moneys will be needed for payment of interest or the retirement of Certificates. Moneys in the Acquisition and Construction Fund and the Corporate Operation Fund may be invested in obligations which will mature within one year from the date of investment. One-half of the moneys in the Reserve Fund may be invested in obligations which will mature within five years from the date of investment, and one-half in obligations which will mature within ten years from the date of investment. Moneys in the Revenue Fund and in the Operation and Maintenance Fund may be invested in obligations which will mature on or before the dates when such moneys are scheduled to be needed for payment from such fund. Any interest, profit or loss on such investments shall be credited or charged to the respective funds from which such investments are made. The Trustee may sell or present for redemption any obligations so purchased whenever it shall be necessary in order to provide moneys to meet any payment, and the Trustee shall not be liable or responsible for any loss resulting from such investment. The Trustee may act as principal or agent in the acquisition or disposition of any investment. The Trustee may commingle any of the funds or accounts established pursuant to this Agreement into a separate fund or funds for investment purposes only; provided, however, that all funds or accounts held by the Trustee hereunder shall be accounted for separately notwithstanding such commingling. ARTICLE VI COVENANTS Section 6.01. County to Perform Lease Purchase Agreement. The County covenants and agrees with the Owners of the Certificates to perform all obligations and duties imposed on it under the Lease Purchase Agreement and to enforce such Lease Purchase Agreement against the Corporation in accordance with its terms. 34 � 133 Section 6.02. Corporation to Perform Lease Purchase Agreement. The Corporation covenants and agrees with the Owners of the Certificates to perform all obligations and duties imposed on it under the Lease Purchase Agreement and to enforce such Lease Purchase Agreement against the County in accordance with its terms. Without allowance for any days of grace which may or might exist or be allowed by law or granted pursuant to any terms or conditions of the Lease Purchase Agreement, the Corporation will in all respects promptly and faithfully keep, perform and comply with all the terms, provisions, covenants, conditions and agreements of the Lease Purchase Agreement to be kept, performed and complied with by it. Section 6.03. Reserved Estate for Years. The Corporation covenants that it is, at the date of the execution and delivery of this Agreement, the owner and lawfully possessed of an estate for years reserved in the Deed of Gift in and to the property described in Exhibit A attached hereto and made a part hereof. At the date of the execution and delivery of this Agreement, said estate for years is a valid subsisting estate for the term reserved in the Deed of Gift in the property which the Deed of Gift purports to grant. At the time of executing the Deed of Gift the Corporation, the grantor therein named, was the owner in fee simple, subject to easements, rights of way, covenants, restrictions, exceptions and conditions of record, of the property described therein, and the Deed of Gift was lawfully executed by said grantor. At the time of delivery of this Agreement there is no interest or estate in said property conveyed by the Deed of Gift subordinate to the County's interest therein which is superior or prior to said reserved estate for years, other than easements, rights of way, covenants, restrictions, exceptions and conditions of record which do not impair or materially interfere with the use of the premises for the purposes of the Project. The Corporation further covenants that the Lease Purchase Agreement has been duly and regularly executed. Without the written consent of the Trustee, the Corporation and the County agree to not amend, alter, modify or cancel the Deed of Gift or the Lease Purchase Agreement; but, with the written consent of the Trustee, the Corporation and the County may consent to amendments, alterations or modifications thereof. The Trustee shall give such written consent only (i) if, in the opinion of the Trustee (which opinion of the Trustee may, in the discretion of the Trustee, be based upon an opinion of counsel or a Certificate of the Corporation), such amendments, alterations or modifications will not result in any material impairment of the security 35 - i 134 hereby given or intended to be given for the payment of the Certificates, or (ii) if the Trustee first obtains the written consent of the Owners of at least sixty per cent (60%) in principal amount of the Certificates then Outstanding to such alterations or modifications. The Corporation agrees to not do or permit anything to be done, or omit or refrain from doing anything, in any case where any such act done or permitted to be done, or any such omission of or refraining from action, would or might be a ground for declaring a forfeiture of the estate for years reserved in the Deed of Gift, or would or might be a ground for cancellation or termination of the Lease Purchase Agreement by the lessee thereunder. The Corporation, immediately upon its receiving or giving any notice, communication or other document in any way relating to or affecting the Deed of Gift, or the estate for years reserved therein, which may or can in any manner affect the estate for years of the Corporation reserved in the Deed of Gift, will deliver the same, or a copy thereof, to the Trustee. The Corporation will pay or cause to be paid all taxes, assessments and other charges, if any, that may be levied, assessed or charged upon the the real property described in Exhibit A hereto or the Project, or any part thereof, promptly as and when the same shall become due and payable; and the Corporation will, upon request of the Trustee, from time to time keep the Trustee advised of such payments, and deliver such evidence thereof as the Trustee may reasonably require. The Corporation will not suffer said reserved estate for years hereby conveyed and transferred in trust, or any part thereof, to be sold for any taxes, assessments or other charges whatsoever, or to be forfeited therefor; nor do or permit to be done, in, upon or about said reserved estate for years, or any part thereof, anything that might in anywise weaken, diminish or impair the security intended to be given by this Agreement. Section 6.04. Insurance. (a) The Corporation shall maintain or cause to be maintained, at all times while any of the Certificates are Outstanding, fire, lightning and extended coverage insurance, including vandalism and malicious mischief insurance, earthquake insurance (but only if such insurance is available on the open market from reputable insurance companies) , sprinkler system leakage insurance and boiler explosion insurance, either separately or as a part of comprehensive insurance carried by the County under the Lease Purchase Agreement, on the Project, in an amount equal to one hundred per cent (100%) of the replacement cost of the Project, excluding the cost of excavations, of grading and filling and of the land (except 36 135 that such earthquake insurance may be subject to a deductible clause of not to exceed ten per cent of such replacement cost for any one loss and except that such other insurance may be subject to deductible clauses for any one loss of not to exceed the lesser of fifty thousand dollars ($50,000) or the amount in the Reserve Fund in excess of one-half (1/2) of the Reserve Requirement and not needed to pay losses uninsured against by reason of any deductible clauses permitted by Section 6.04(c)) or, in the alternative, in an amount and in a form sufficient (together with moneys in the Reserve Fund and available for the purpose), in the event of total or partial loss, to enable the Trustee either to pay the unpaid principal and interest represented by all Certificates then Outstanding or the Corporation to restore the Project to the condition existing before such loss. Said extended coverage endorsement shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such other hazards as are normally covered by such endorsement. Each such policy of insurance shall be in form satisfactory to the Trustee 'and shall contain a clause making all losses payable to the Trustee as its interest may appear. In the event of any damage to or destruction of any part of the Project, caused by the perils covered by such insurance, the Corporation, except as hereinafter provided, shall cause the proceeds of such insurance to be utilized for the repair, reconstruction or replacement of the damaged or destroyed portion of the Project, and the Trustee shall hold said proceeds separate and apart from all other funds, to the end that such proceeds shall be applied to the repair, reconstruction or replacement of the Project to at least the same good order, repair and condition as it was in prior to the damage or destruction, insofar as the same may be accomplished by the use of said proceeds. The Trustee shall permit withdrawals of said proceeds from time to time upon receiving the Written Request of the Corporation, stating that the Corporation has expended moneys or incurred liabilities in an amount equal to the amount therein requested to be paid over to it for the purpose of repair, reconstruction or replacement, and specifying the items for which such moneys were expended, or such liabilities were incurred, in such reasonable detail as the Trustee may in its discretion require. Any balance of said proceeds not required for such repair, reconstruction or replacement shall be treated by the Trustee as Revenues and applied in the manner provided by Section 5.02. Alternatively, the Corporation, at its option, with the written consent of the County, and if the proceeds of such insurance together with any other moneys then available for the purpose are at least sufficient to redeem all Outstanding Certificates, may elect 37 136 not to repair, reconstruct or replace the damaged or destroyed portion of the Project and thereupon shall cause said proceeds to be used for the redemption of Outstanding Certificates pursuant to the provisions of Section 4.01. (b) (1) Except as provided in subparagraph (2) of this paragraph (b), the Corporation shall maintain or cause to be maintained, at all times while any of the Certificates are Outstanding, public liability insurance, with limits of not less than one million dollars ($1,000,000) for one person and three million dollars ($3,000,000) for more than one person involved in one accident, to protect the Corporation and its directors, officers, agents and employees and the Trustee from all direct or contingent loss or liability for damages for bodily injury or death occasioned by reason of the Corporation' s operations, including any use or occupancy of the Project. The Corporation shall also maintain or cause to be maintained, so long as any of the Certificates are Outstanding, insurance against liability for property damage resulting from any casualty attributable to the Corporation' s operations, in an amount not less than two hundred thousand dollars ($200,000) for each accident, except that such property damage insurance may be subject to a deductible clause of not to exceed five thousand dollars ($5,000) for any one accident. Such public liability insurance and such property damage insurance may, however, be in the form of a single limit policy in the amount of three million dollars ($3,000,000) covering all such risks. (2) The Corporation shall have the right, exercisable from time to time, to provide other kinds of insurance or methods or plans of protection against risk or loss which shall be in substitution, or partial substitution, for any of the kinds of insurance required to be maintained by the Corporation under subparagraph (1) of this paragraph (b), providing such other kinds of insurance, plans or methods shall afford reasonable protection to the Corporation, its directors, officers, agents and employees and the Trustee, in light of all circumstances, giving consideration to cost, availability and plans or methods of protection adopted by California counties other than the County. Before another method or plan may be provided by the Corporation, there shall be filed with the Trustee a certificate of an actuary, or other qualified person, stating that, in the opinion of the signer, the substitute method or plan of protection is in accordance with the requirements of this Section and, when effective, would afford adequate protection to the Corporation, its directors, officers, agents and employees and the Trustee against loss and damage from hazards and risks covered thereby. There shall also be 38 1 L 137 filed a Certificate of the Corporation setting forth the details of such substitute method or plan. (c) The Corporation shall maintain or cause to be maintained, at all times while any of the Certificates are outstanding, rental interruption or use and occupancy insurance on the Project, in an amount not less than the total Rental Payments payable by the County under the Lease Purchase Agreement for a period of at least the time originally allowed for construction of the Project plus three months, insuring against loss of use caused by the perils covered by the insurance required by Section 6.04(x), except that such insurance may be subject to a deductible clause of not to exceed the lesser of the aggregate total Rental Payments payable during the first thirty days of any loss or the amount in the Reserve Fund in excess of one-half (1/2) of Reserve Requirement and not needed to pay losses uninsured against by reason of any deductible clauses permitted by Section 6.04(a) and except that such insurance need be maintained as to the peril of earthquake only if such insurance is available on the open market from reputable insurance companies. Any such insurance policy shall be in form satisfactory to the Trustee and shall contain a loss payable clause making any loss thereunder payable to the Trustee, as its interest may appear. Any proceeds of such insurance shall be treated as Revenues and applied as provided in Section 5.02 (to the extent required to pay principal and interest represented by the Certificates) and in Section 5.03 (to the extent required for the payment of costs payable from the Corporate Operation Fund). (d) The Corporation will also provide, at its own expense, upon the Commencement Date, a title insurance policy with endorsement so as to be payable to the Trustee for the use and benefit of the Certificate Owners. Such policy shall be in form satisfactory to the Trustee and in the amount of one million nine hundred thousand dollars ($1,900,000), and shall insure the Corporation's estate for years title reserved in the Deed of Gift to the real property described in the Deed of Gift. All proceeds received by the Trustee under said policy shall be applied and disbursed by the Trustee in the same order and priority and for the same purposes as are provided in Section 6.17 relating to proceeds received in eminent domain proceedings except that the term "eminent domain proceedings" as used in Section 6.17 shall be read as "proceedings affecting the title of the Corporation." (e) The Corporation shall deliver to the Trustee in the month of August in each year, beginning in the year 1982, a schedule, in such detail as the Trustee in its discretion may request, setting forth the insurance policies 39 k 138 then in force pursuant to this Section, the names of the insurers which have issued the policies, the amounts thereof and the property and risks covered thereby. Each such insurance policy shall require that the Trustee shall be given thirty days' notice of any intended cancellation thereof or reduction of the coverage provided thereby. Delivery to the Trustee of the insurance policies under the provisions of this Section shall not confer responsibility upon the Trustee as to the sufficiency of coverage or amounts of said policies. If so requested in writing by the Trustee, the Corporation shall also deliver to the Trustee duplicate originals or certified copies of each insurance policy described in such schedule. Section 6.05. Miscellaneous Covenants. The Corporation covenants that, so long as any of the Certificates remain Outstanding -- (a) the Corporation will not create any subsidiary corporation or acquire or own any capital stock of any corporation; (b) the Corporation will not merge or consolidate with any other corporation, and will take all actions necessary to maintain its corporate existence; and (c) the Corporation will not assume or guarantee, or otherwise obligate itself for or become liable for the payment of, or contingently agree to purchase, any debt of any person other than the Corporation. Section 6.06. County Budgets. Except as hereinafter provided, the Corporation shall supply to the Trustee, prior to or as soon as practicable after the beginning of each fiscal year of the County, a determination that the County has made adequate provision in its proposed annual budget for the payment of Rental Payments due under the Lease Purchase Agreement in the fiscal year covered by such budget. The determination given by the Corporation to the Trustee shall be that the amounts so budgeted are fully adequate for the payment of all Rental Payments due under the Lease Purchase Agreement in the then ensuing fiscal year. If in the opinion of the Trustee the amounts so budgeted are not adequate for the payment of Rental Payments due under the Lease Purchase Agreement, the Corporation will take such action as may be necessary to cause such annual budget to be amended, corrected or augmented so as to include therein the amounts required to be raised by the County in the then ensuing fiscal year for the payment of Rental Payments due under the Lease Purchase Agreement and will notify the Trustee of the proceedings then taken or proposed to be taken 40 139 by the Corporation. The Corporation will keep the Trustee advised of all proceedings thereafter taken by the Corporation. Alternatively, if the Lease Purchase Agreement shall be terminated as a result of the failure of the County to appropriate sufficient funds to pay the Rental Payments during any renewal term of the Lease Purchase Agreement, the Corporation shall supply written notice of such failure to Trustee. Section 6.07. Sale of Personal Property. The Corporation shall not sell or exchange or permit the sale or exchange of any personal property which may at any time constitute a part of the Project except as hereinafter provided. The Trustee, in its discretion, may permit the Corporation to sell or exchange any personal property which may at any time constitute a part of the Project, if (a) in the opinion of the Corporation the property so sold or exchanged is no longer required or useful in connection with the operation of the Project; (b) the consideration to be received from the property is of a value substantially equal to the value of the property to be released; and (c) if the value of any such property shall, in the opinion of the Trustee, exceed the amount of fifty thousand dollars ($50,000), the Trustee shall have been furnished a certificate of an independent engineer or other qualified independent professional consultant (satisfactory to the Trustee) certifying the value thereof and further certifying that such property is no longer required or useful in connection with the operation of the Project. In determining the value of the property to be released and any property received in exchange, the Trustee may conclusively rely on certificates furnished by such an engineer or-other consultant, and shall not be obligated to make any independent investigation with reference to the value of the property to be released and the property to be received in exchange therefor. In the event of any such sale, the full amount of the money consideration received for the property so sold and released shall be paid to the Trustee. Any money so paid to the Trustee shall, so long as the Corporation is not in default under any of the provisions of this Agreement, be paid by the Trustee to the Corporation, upon its Written Request, to purchase property, which property shall become part of the Project. Any money so paid to the Trustee, and not so paid to the Corporation within one year, shall be treated as Revenues and held and disbursed as provided in Section 5.02. The Trustee, before permitting any sale or exchange of personal property, shall be furnished with a 41 140 Written Request of the Corporation approving said sale or exchange, and such certificates of value, conveyance and opinions of counsel as the Trustee may require. Except to the extent specifically set forth herein, the Trustee shall in no event be liable for any mistake of fact or error in judgment in permitting any such sale or exchange of personal property. Section 6.08. Arbitrage Bond Covenant and Industrial Development Bond Covenant. The Corporation covenants that no use of the proceeds of the Certificates or any other funds of the Corporation or the County will be made which will cause the Certificates to be "arbitrage bonds" subject to federal income taxation by reason of Section 103(c) of the Internal Revenue Code of 1954, as amended. To that end, so long as any of the Certificates are outstanding, the Corporation and the Trustee, with respect to such proceeds, and the Corporation, with respect to such other funds, will comply with all requirements of said Section 103(c) and all regulations of the United States Department of the Treasury issued thereunder, to the extent that such requirements are, at the time, applicable and in effect. The County and the Corporation further covenant that they will not use or permit the use of the Project by any person not an "exempt person" within the meaning of Section 103(b) (3) of the Internal Revenue Code of 1954, as amended, or by an "exempt person" (including the County) in an "unrelated trade or business" within the meaning of Section 513(a) of said code, in such manner or to such extent as would result in the loss of exemption from federal income tax of the portion of the Base Rental Payments designated as interest in the Lease Purchase Agreement under Section 103 of said code. Section 6.09. Accounting Records and Reports. The Corporation shall keep (or cause to be kept) proper books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocation and application of the Revenues, and such books shall be available for inspection by the Trustee and by any Owner of Certificates, or his agent or representative, at reasonable hours and under reasonable conditions. Not more than four months after the close of each fiscal year of the Corporation, commencing with the fiscal year ending June 30, 1983, the Corporation shall furnish, to the Trustee and to any Certificate Owner who may so request, a complete financial statement covering receipts, disbursements, allocation and application of Revenues for such fiscal year, and including a balance sheet, accompanied by an audit report and related opinion of an independent firm 42 14.1 of certified public accountants to be employed by the Corporation, or, if so requested in writing by the Owners of at least sixty per cent (60%) in aggregate principal amount of the Certificates then Outstanding, accompanied by an audit report and related opinion of an independent firm of certified public accountants of their selection. Section 6.10. Compliance with Trust Agreement. The Trustee will not execute, or permit to be executed, any Certificates in any manner other than in accordance with the provisions of this Agreement, and the Corporation will not suffer or permit any default to occur under this Agreement, but will faithfully observe and perform all the covenants, conditions and requirements hereof. Section 6.11. Observance of Laws and Regulations. The Corporation will well and truly keep, observe and perform all valid and lawful obligations or regulations now or hereafter imposed on it by contract, or prescribed by any law of the United States of America, or of the State of California, or by any officer, board or commission having jurisdiction or control, as a condition of the continued enjoyment of any and every right, privilege or franchise now owned or hereafter acquired by the Corporation, including its right to exist and carry on business as a corporation, to the end that such contracts, rights and franchises shall be maintained and preserved, and shall not become abandoned, forfeited or in any manner impaired. Section 6.12. Maintenance and Repair of Project. The Corporation shall maintain or cause to be maintained in good condition and keep in good repair the Project and all buildings, facilities and equipment now or hereafter constituting any part of the Project, shall maintain the Project as a fully equipped and operational facility, and shall not commit or allow any waste with respect to any of the Project. Section 6.13. Other Liens. The Corporation shall keep the Project and all parts thereof free from judgments, mechanics' and materialmen's liens and free from all liens, claims, demands and encumbrances of whatsoever nature or character, and free from any claim or liability which, in the judgment of the Trustee (and its determination thereof shall be final), might embarrass or hamper the Corporation in conducting its business or operating the Project, and the Trustee at its option (after first giving the Corporation ten days' written notice to comply therewith and failure of the Corporation to so comply within said ten-day period) may defend against any and all actions or proceedings in which the validity of this Agreement is or might be questioned, or 43 . � 142 pay or compromise any claim or demand asserted in any such actions or proceedings; provided, however, that, in defending against such actions or proceedings or in paying or compromising such claims or demands, the Trustee shall not in any event be deemed to have waived or released the Corporation from liability for or on account of any of its covenants and warranties contained herein, or from its liability hereunder to defend the validity of this Agreement and to perform such covenants and warranties. So long as any Certificates are Outstanding, the Corporation will not create or suffer to be created any mortgage, pledge, lien or charge upon all or any part of the the Project or the Revenues, other than the lien of this Agreement. Section 6.14. Compliance with Contracts. The Corporation shall comply with the terms, covenants and provisions, express or implied, of all contracts for the use of the Project by the Corporation, and all other contracts and agreements affecting or involving the Project or the business of the Corporation. Section 6.15. Prosecution and Defense of Suits. The Corporation shall promptly, upon request of the Trustee or any Certificate Owner, from time to time take such action as may be necessary or proper to remedy or cure any defect in or cloud upon the title to the Project or any part thereof, whether now existing or hereafter developing, shall prosecute all such suits, actions and other proceedings as may be appropriate for such purpose and shall indemnify and save the Trustee and every Certificate Owner harmless from all loss, cost, damage and expense, including attorneys' fees, which they or any of them may incur by reason of any such defect, cloud, suit, action or proceeding. The Corporation shall defend against every suit, action or proceeding at any time brought against the Trustee or any Certificate Owner upon any claim arising out of the receipt, application or disbursement of any of the Revenues or involving the rights of the Trustee or any Certificate Owner under this Agreement; provided, that the Trustee or any Certificate Owner at its or his election may appear in and defend any such suit, action or proceeding. The Corporation shall indemnify and hold harmless the Trustee and the Certificate Owners against any and all liability claimed or asserted by any person, arising out of such receipt, application or disbursement, and shall indemnify and hold harmless the Certificate Owners against any attorneys' fees or other expenses which any of them may incur in connection with any litigation to which any of them may become a party 44 - 43 by reason of his ownership of Certificates. The Corporation shall promptly reimburse any Certificate Owner in the full amount of any attorneys' fees or other expenses which he may incur in litigation or otherwise in order to enforce his rights under this Agreement or the Certificates, provided that such litigation shall be concluded favorably to such Certificate Owner's contentions therein. Notwithstanding any contrary provision hereof, this covenant shall remain in full force and effect, even though all obligations secured hereby may have been fully paid and satisfied, until the Corporation shall have been dissolved. Section 6.16. Recordation and Filing. The Corporation shall record, register, file, renew, refile and re-record this Agreement and every agreement supplemental hereto which may hereafter be executed and all such documents, including financing statements, as may be required by law in order to maintain this Agreement at all times as a security interest in the Revenues, all in such manner, at such times and in such places as may be required by law in order fully to preserve, protect and perfect the security of the Certificate Owners and the rights and security interests of the Trustee. The Corporation shall do whatever else may be necessary or be reasonably required by the Trustee in order to perfect and continue the lien of this Agreement. Section 6.17. Eminent Domain. If all or any part of the real property described in Exhibit A hereto and the Project shall be taken by eminent domain proceedings (or sold to a government threatening to exercise the power of eminent domain), the proceeds therefrom shall be deposited with the Trustee in a special fund in trust and shall be applied and disbursed by the Trustee as follows: (a) (1) If the Trustee determines that such eminent domain proceedings have not materially affected the operation of the Project, and if the Trustee determines that such proceeds are not needed for repair or rehabilitation of the Project, the Trustee shall treat such proceeds as Revenues and shall apply such proceeds as provided in Section 5.02. (2) If the Trustee determines that such eminent domain proceedings have not materially affected the operation of the Project, and if the Trustee determines that such proceeds are needed for repair or rehabilitation of the Project, the Trustee shall pay to the Corporation, or to its order, from said proceeds such amounts as the Corporation may expend for such repair or rehabilitation, upon the filing with the Trustee of such Written Requisitions of the Corporation, 45 144 certificates of architects or engineers and other documents as the Trustee may at its discretion request. (3) In making any such determination (including the determination mentioned in the following subsection (b)) the Trustee may obtain, but shall not be required to obtain, at the expense of the Corporation, the report of an independent engineer or other independent professional consultant. Any such determination by the Trustee shall be final. (b) If less than all of the Project shall have been taken in such eminent domain proceedings, and if the Trustee determines that such eminent domain proceedings have materially affected the operation of the Project, the Trustee shall apply such proceeds to the redemption of Certificates in the manner provided in Section 4.01. (c)(1) If all of the Project shall have been taken in such eminent domain proceedings and if such proceeds, together with any other moneys then available to the Trustee for the purpose, are sufficient to provide for the payment of the entire amount of principal represented by the Certificates, together with the interest represented thereby, so as to enable the Trustee to retire all of the Certificates then outstanding by redemption or by payment at maturity, the Trustee shall apply such proceeds to the payment of such interest and to such retirement. (2) I£ all of the Project shall have been taken in such eminent domain proceedings and if such proceeds, together with any other moneys then available to the Trustee for the purpose, are insufficient to provide moneys for the purposes specified in paragraph (1) of this subsection (c), the Trustee shall apply such proceeds to the payment of the whole amount of principal represented by the Certificates and unpaid (for the payment of which other moneys are not then held by the Trustee) and the unpaid interest represented by the Certificates, with interest on overdue principal at the rate or rates of interest set forth on the face of the respective Certificates, and in the event such proceeds shall be insufficient to pay in full the whole amount so due and unpaid, then to the payment thereof ratably, without preference or priority of principal over interest or of interest over principal, or of any installments of principal over any other installments of principal, or of any installments of interest over any other installments of interest. 46 145 (d) After all of the Certificates have been retired and the entire amount of principal represented by the Certificates, together with the interest thereon, have been paid in full, the Trustee shall pay the remainder of such proceeds to the County and the Corporation in accordance with their respective interests. Section 6.18. Further Assurances. Whenever and so often as requested so to do by the Trustee or any Certificate Owner, the Corporation will promptly execute and deliver or cause to be executed and delivered all such other and further instruments, documents or assurances, and promptly do or cause to be done all such other and further things, as may be necessary or reasonably required in order to further and more fully vest in the Trustee and the Certificate Owners all rights, interest, powers, benefits, privileges and advantages conferred or intended to be conferred upon them by this Agreement. ARTICLE VII DEFAULT AND LIMITATION OF LIABILITY Section 7.01. Notice of Non-Payment. In the event of delinquency in the payment of any Rental Payments due by the County pursuant to the Lease Purchase Agreement, the Trustee shall, after five (5) business days following the date upon which such delinquent Rental Payment was due, immediately give written notice of the delinquency and the amount of the delinquency to the County and the Corporation. Section 7.02. Action on Default or-Termination. (a) Upon the occurrence of an event of default by the County under Section 13.01 of the Lease Purchase Agreement, and in each and every such case during the continuance of such event of default, the Trustee or the Owners of not less than a majority in aggregate principal amount of Certificates at the time Outstanding shall be entitled, upon notice in writing to the County and the Corporation, to exercise the remedies provided to the Corporation in the Lease Purchase Agreement. (b) Upon termination of the Lease Purchase Agreement by the County pursuant to Section 4.02(a) thereof, the Trustee and the Corporation shall proceed as follows: (1) The Trustee and the Corporation shall immediately take whatever actions are reasonably 47 - 146 necessary to offer for sale, and to obtain an offer or offers to purchase, the estate for years reserved by the Corporation pursuant to the Deed of Gift in the real property discribed in Exhibit A hereto and in the Project located thereon. If the Trustee and the Corporation are able to obtain such an offer and if such net proceeds which can be obtained from such sale, together with any other moneys then available to the Trustee or the Corporation for the purpose, are sufficient to provide for the payment of the entire amount of principal represented by the Certificates, together with the interest represented thereby and accrued thereon, so as to enable the Trustee to retire all of the Certificates then Outstanding by redemption, the Trustee and the Corporation shall proceed with said sale and the net proceeds therefrom, together with such other moneys then available to the Trustee, shall be applied to the redemption, at par, of all of the Certificates then Outstanding, and to the payment of the interest accrued thereon, pursuant to Section 4.01(c) . (2) If the net proceeds to be obtained from the sale contemplated in paragraph (1) of this subsection (b) are insufficient to provide for the redemption at par of all of the Certificates then Outstanding and the interest represented thereby and accrued thereon, the Trustee and the Corporation shall pursue one of the following two courses of action: (A) If the Trustee and the Corporation determine that it is in the best interests of the Owners of the Certificates that the estate for years reserved by the Corporation pursuant to the Deed of Gift in the real property described in Exhibit A hereto and the Project located thereon be sold, even if the net proceeds of such sale, together with any other moneys then available to the Trustee for the purpose, are insufficient to provide for the redemption at par of all of the Certificates then Outstanding and to pay the interest represented by the Certificates and accrued to the date of redemption, the Corporation and the Trustee shall proceed with such sale and apply such moneys to the redemption of the Certificates then Outstanding and to the payment of the unpaid interest represented by the Certificates and accrued to the date of redemption, ratably, without preference or priority of principal over interest or of interest over principal, or of any installments of principal over any other installments of principal, or of any installments of interest over any other installments of interest. 48 147 (B) Alternatively, the Trustee and the Corporation may, in the sole discretion of the Trustee and the Corporation, determine that it would be in the best interest of the Owners of the Certificates for the Corporation to lease the Project, upon such terms and conditions as the Corporation shall determine, and to apply the proceeds of such leasing to the payment of the principal represented by the Certificates, together with the interest represented thereby, and in such event the Corporation shall proceed to lease the Project, upon such terms as it and the Trustee shall determine, and the rentals and other income received by the Corporation from such leasing shall be deposited in the Revenue Fund pursuant to Section 5.01 and allocated pursuant to Section 5.02. (3) In making any of the determinations mentioned in the preceding paragraphs (1) and (2) of this subsection (b), the Trustee and the Corporation may obtain, but shall not be required to obtain, at the expense of the Corporation, the report of an independent real estate agent or other independent professional consultant. The Trustee and the Corporation, in determining to proceed with such sale or such lease, as aforesaid, may conclusively rely on the certificates furnished by such independent real estate agent or other consultant, and shall not be obligated to make any independent investigation with reference to the value of the property to be sold or leased. The Trustee, before permitting any sale or lease, shall be furnished with a Written Request of the Corporation approving said sale or lease and such certificates of value as the Trustee may require. Except to the extent specifically set forth herein, neither the Trustee nor the Corporation shall in any event be liable for any mistake of fact or error in judgment in permitting or proceeding with any such sale or lease. Section 7.03. No Obligation by the County to Owners. Except for the payment of Rental Payments when due in accordance with the Lease Purchase Agreement and the performance of the other covenants and agreements of the County contained in said Lease Purchase Agreement, the County shall have no obligation or liability to any of the other parties or to the Owners of the Certificates with respect to this Agreement or the terms, execution, delivery or transfer of the Certificates, or the distribution of Base Rental Payments to the Owners by the Trustee. 49 148 Section 7.04. No Obligation with Respect to Performance by Trustee. Neither the County nor the Corporation shall have any obligation or liability to any of the other parties or to the Owners of the Certificates with respect to the performance by the Trustee of any duty imposed upon it under this Agreement. Section 7.05. No Liability to Owners for Payment. Except as provided in this Agreement, the Corporation shall not have any obligation or liability to the Owners of the Certificates with respect to the payment of the Base Rental Payments by the County when due, or with respect to the performance by the County of any other covenant made by it in the Lease Purchase Agreement. Notwithstanding any other provision of this Agreement, the Trustee shall not have any obligation or liability to the Owners of the Certificates with respect to the payment of the Base Rental Payments by the County when due, or with respect to the performance by the County of any other covenant made by it in the Lease Purchase Agreement. Section 7.06. No Responsibility for Sufficiency. The Trustee shall not be responsible for the sufficiency of the Lease Purchase Agreement, or of the assignment made to it by the Assignment Agreement of rights to receive Base Rental Payments pursuant to the Lease Purchase Agreement, or the value of or title to the Project. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it under the terms of and in accordance with this Agreement. Section 7.07. Indemnification of Trustee. The County shall and hereby agrees to indemnify and save the Trustee harmless from and against all claims, losses and damages, including legal fees and expenses, arising out of (i) the use, maintenance, condition or management of, or from any work or thing done on, the Project by the County, (ii) any breach or default on the part of the County in the performance of any of its obligations under this Agreement, (iii) any act of negligence of the County or of any of its agents, contractors, servants, employees or licensees with respect to the Project, (iv) any act of negligence of the County, or any officer, agent, employee or invitee of the County with respect to the Project, or (v) the authorization of payment of any costs by the County. Indemnification for any tort mentioned in this Section shall be limited to the extent and in the amounts provided for by California law. No indemnification will be made under this Section or elsewhere in this Agreement for willful misconduct, gross negligence or 50 149 breach of duty under this Agreement by the Trustee, its officers, agents, employees, successors or assigns. ARTICLE VIII THE TRUSTEE Section 8.01. Employment of Trustee. In consideration of the recitals hereinabove set forth and for other valuable consideration, the Corporation and the County hereby agrees to employ the Trustee to receive, hold, invest and disburse the moneys to be paid to the Corporation pursuant to the Lease Purchase Agreement for credit to the various funds and accounts established by this Agreement; to prepare, execute, deliver and deal with the Certificates; and to apply and disburse the Base Rental Payments received from the County to the Owners of Certificates; and to perform certain other functions; all as herein provided and subject to the terms and conditions of this Agreement. Section 8.02. Acceptance of Employment. In consideration of the compensation herein provided for, the Trustee accepts the employment above referred to subject to the terms and conditions of this Agreement. Section 8.03. Trustee; Duties, Removal and Resignation. By executing and delivering this Agreement, the Trustee accepts the duties and obligations of the Trustee provided in this Agreement, but only upon the terms and conditions set forth in this Agreement. The Corporation and the County may by written agreement between themselves, or the holders of a majority in aggregate principal amount of all Certificates Outstanding may by written request, remove the Trustee initially a party to this Agreement, and any successor thereto, and may appoint a successor Trustee, but any such successor shall be a bank or trust company doing business and having a corporate trust office in San Francisco, California, having a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars ($50,000,000) and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. 51 150 The Trustee may at any time resign by giving written notice to the Corporation and the County and by giving to the Certificate Owners notice by publication of such resignation, which notice shall be published at least once in an Financial Newspaper or Journal. Upon receiving such notice of resignation, the County shall promptly appoint a successor Trustee by an instrument in writing; provided, however, that in the event that the County does not appoint a successor Trustee within thirty (30) days following receipt of such notice of resignation, the Corporation may appoint a successor Trustee, and in the event that the Corporation does not appoint a successor Trustee within thirty (30) days after expiration of the initial thirty (30) day period, the resigning Trustee may petition the appropriate court having jurisdiction to appoint a successor Trustee. Any resignation or removal of the Trustee and appointment of a successor Trustee shall become effective upon acceptance of appointment by the successor Trustee. Section 8.04. Compensation of the Trustee. The Corporation shall from time to time, on demand, pay to the Trustee reasonable compensation for its services and shall reimburse the Trustee for all its advances and expenditures, including but not limited to advances to and fees and expense of independent appraisers, accountants, consultants, counsel, agents and attorneys-at-law or other experts employed by it in the exercise and performance of its powers and duties hereunder. Section 8.05. Protection to the Trustee. The Trustee shall be protected and shall incur no liability in acting or proceeding in good faith upon any resolution, notice, telegram, request, consent, waiver, certificate, statement, affadavit, voucher, bond, requisition or other paper or document which it shall in good faith believe to be genuine and to have been adopted, executed or delivered by the proper party or pursuant to any of the provisions of this Agreement, and the Trustee shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument, but may accept and rely upon the same as conclusive evidence of the truth and accuracy of such statements. The Trustee shall not be bound to recognize any person as an Owner of any Certificate or coupon or to take any action at the request of any such person unless such Certificate or coupon shall be deposited with the Trustee or satisfactory evidence of the ownership of such Certificate or coupon shall be furnished to the Trustee. The Trustee may consult with counsel, who may be counsel to the Corporation or the County, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of 52 151 any action taken or suffered by it hereunder in good faith in accordance therewith. Whenever in the administration of its duties under this Agreement, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) shall be deemed to be conclusively proved and established by a Certificate of the Corporation and such certificate shall be full warranty to the Trustee for any action taken or suffered under the provisions of this Agreement upon the faith thereof, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. The Trustee may buy, sell, own, hold and deal in any of the Certificates or coupons provided pursuant to this Agreement, and may join in any action which any Owner may be entitled to take with like effect as if the Trustee were not a party to this Agreement. The Trustee, either as principal or agent, may also engage in or be interested in any financial or other transaction with the County or the Corporation, and may act as depositary, trustee, or agent for any committee or body of Owners of Certificates or of obligations of the Corporation or the County as freely as if it were not Trustee hereunder. The Trustee may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duties hereunder, and the Trustee shall not be answerable for the default or misconduct of any such attorney, agent or receiver selected by it with reasonable care. The Trustee shall not be answerable for the exercise of any discretion or power under this Agreement or for anything whatever in connection with the funds and accounts established hereunder, except only for its own willful misconduct or gross negligence. ARTICLE IX AMENDMENT; DEFEASANCE; ADMINISTRATIVE PROVISIONS Section 9.01. Amendments Permitted. (a) This Agreement and the rights and obligations of the County and of the Corporation and of the owners of the Certificates and of the Trustee may be modified or amended at any time by a 53 152 amendment hereto which shall become binding when the written consents of the Owners of sixty per cent (60%) in aggregate principal amount of the Certificates then Outstanding, exclusive of Certificates disqualified as provided in Section 9.07 hereof, shall have been filed with the Trustee. No such modification or amendment shall (1) extend the fixed maturities of the Certificates, or reduce the rate of interest represented thereby, or extend the time of payment of interest, or reduce the amount of principal represented thereby, or reduce any premium payable on the redemption represented thereby, without the consent of the Owner of each Certificate so affected, or (2) reduce the aforesaid percentage of Owners of Certificates whose consent is required for the execution of any amendment or modification of this Agreement, or (3) modify any of the rights or obligations of the Trustee without its written consent thereto. (b) This Agreement and the rights and obligations of the County and of the Corporation and of the Owners of the Certificates and the coupons may also be modified or amended at any time by an amendment hereto which shall become binding upon adoption, without the consent of the Owners of any Certificates, but only to the extent permitted by law and only for any one or more of the following purposes-- (1) to add to the covenants and agreements of the County or the Corporation in this Agreement contained other covenants and agreements thereafter to be observed or to surrender any right or power herein reserved to or conferred upon the County or Corporation; and (2) to cure, correct or supplement any ambiguous or defective provision contained in this Agreement or in regard to questions arising under this Agreement, as the Corporation and the County may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the interests of the Owners of the Certificates and coupons. Section 9.02. Defeasance. If and when the Certificates delivered pursuant hereto shall become due and payable in accordance with their terms, and the whole amount of the principal and the interest represented by the Certificates shall be paid, or provision shall have been made for the payment of the same, by the deposit of cash or Federal Securities or general obligation bonds of the State of California in an amount sufficient (together with interest earnings thereon) to provide for payment of said principal and interest, and all administrative expenses shall have been 54 153 paid or provided for, then and in that case, the right, title and interest of the Trustee, the County and the Corporation under this Agreement shall thereupon cease, terminate and become void, and the Trustee shall assign and transfer to or upon the order of the County all property (in excess of the amounts required for the foregoing) then held by the Trustee (including the Lease Purchase Agreement and all payments thereunder and all balances in any fund or account created under this Agreement) and shall execute such documents as may be reasonably required by the County in this regard. Section 9.03_ Recording and Filing. The Trustee shall be responsible for the recording and filing of the Lease Purchase Agreement, Assignment Agreement and financing statements (or continuation statements in connection therewith) or of any supplemental instruments or documents of further assurance as may be required by law in order to perfect the security interests created by the Lease Purchase Agreement, the Assignment Agreement and this Agreement. Section 9.04. Trustee to Keep Records. The Trustee shall keep a copy of this Agreement and books and records of all moneys received and disbursed under this Agreement, which shall be available for inspection by the County, the Corporation and the Owners at any time during regular business hours. Section 9.05. Notices. All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other parties in writing from time to time. If to the County: Clerk of the Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street Martinez, California 94553 If to the Corporation: c/o Clerk of the Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street Martinez, California 94553 If to the Trustee: Bank of America National Trust and Savings Association 555 California Street San Francisco, California 94104 Attention: Corporate Agency Division 55 154 Section 9.06. Evidence of Signatures of Certificate Owners and Ownership of Certificates. Any request, direction, consent, revocation of consent, or other instrument in writing required or permitted by this Agreement to be signed or executed by Certificate Owners may be in any number of concurrent instruments of similar tenor, and may be signed or executed by such Certificate Owners in person or by their attorneys or agents appointed by an instrument in writing for that purpose or, in the case of coupon Certificates, by any bank, trust company or other depositary of such Certificates. Proof of the execution of any such instrument, or of any instrument appointing any such attorney or agent, and of the holding and ownership of Certificates shall be sufficient for any purpose of this Agreement (except as otherwise herein provided), if made in the manner provided in this Section. The fact and date of the execution by any Certificate Owner or its attorney or agent of any such instrument, and of any instrument appointing any such attorney or agent, may be proved by a certificate, which need not be acknowledged or verified, of an officer of any bank or trust company located within the United States of America, or of any notary public or other officer authorized to take acknowledgements of deeds to be recorded in such jurisdictions, that the person signing such instrument acknowledged before such officer or notary the execution thereof. Where any such instrument is executed by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership, such certificate shall also constitute sufficient proof of the authority of such officer or member. The fact of the holding of coupon Certificates by any Certificate Owner and the amount, the maturity and the numbers of such Certificates and the date of such holding (unless such Certificates be registered) may be proved by a certificate, which need not be acknowledged or verified, of an officer of any bank or trust company if such certificate shall be deemed by the Trustee to be satisfactory, showing that at the date therein mentioned such person had on deposit with or exhibited to such bank or trust company the Certificates described in such certificate. The Trustee may conclusively assume that such ownership continues until written notice of the contrary is served upon the Trustee. The ownership of registered Certificates shall be proved by the books kept by the Trustee pursuant to Section 2.10. 56 155 Nothing contained in this Article shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of the matters herein stated which may seem sufficient to the Trustee. Any request or consent of the Owner of any Certificate shall bind every future Owner of the same Certificate in respect of anything done or suffered to be done by the Corporation or the County or the Trustee in pursuance of such request or consent. Section 9.07. Disqualified Certificates. Certificates owned or held by or for the account of the Corporation or the County (but excluding Certificates held in any pension or retirement fund) shall not be deemed Outstanding for the purpose of any consent or other action or any calculation of Outstanding Certificates provided for in this Agreement, and shall not be entitled to consent to or take any other action provided for in this Agreement. For the purpose hereof no bank organized under the laws of the State of California and no national banking association doing business in said State, or elsewhere, shall be deemed to be an agency of the Corporation or of the County. The Trustee may adopt appropriate regulations to require each Owner of Certificates, before his consent provided for in this Agreement shall be deemed effective, to reveal if the Certificates as to which such consent is given are disqualified as provided in this Section. Section 9.08. California Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. Section 9.09. Severability. Any provision of this Agreement found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Agreement. Section 9.10. Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Section 9.11. Headings. Headings preceding the text of the several Articles and Sections hereof, and the table of contents, are solely for convenience of reference and shall not constitute a part of this Agreement or affect its meaning, construction or effect. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement; and the words 57 156 "herein, " "hereof, " "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. Section 9.12. Funds and Accounts. Any fund required by this Agreement to be established and maintained by the Trustee may be established and maintained in the accounting records of the Trustee either as a fund or an account, and may, for the purposes of such records, any audits thereof and any reports or statements with respect thereto, be treated either as a fund or as an account; but all such records with respect to all such funds shall at all times be maintained in accordance with generally accepted accounting practices and with due regard for the protection of the security of the Certificates and the rights of every Owner thereof. Section 9.13. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed and attested this Agreement by their officers thereunto duly authorized as of the date and year first written above. COUNTY OF CONTRA COSTA By Chair of the Board of Supervisors (SEAL) Attest: Clerk of the Board of Supervisors Approved as to form: County Counsel 58 157 BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee Y Trust Officer (SEAL) Attest:: Assist Pt Secretary ' CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION By President (SEAL) Attest: Secretary 59 1 � EXHIBIT A All that certain real property situate in the State of California, County of Contra Costa, City of Concord, described as follows: PARCEL ONE: Parcel "B" of Parcel Map filed April 16, 1976, in Book 44 of Parcel Maps, page 20, Contra Costa County Records. Excepting therefrom: An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral substances below a point 500 feet below the surface of said real property, together with the right to take, remove, mine and dispose of said oil, gas, casinghead gasoline and other hydrocarbons and minerals, as reserved in the deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as to an undivided 1/6 interest; and George Bisso, Edith I. B. Firpo, Louise Minns and Rose Caperton, each as to an undivided 1/8 interest and recorded September 1, 1971, in Book 6468, Page 805, Official Records. PARCEL TWO: A portion of Parcel "A" of Record of Survey filed November 8, 1972, in Book 55 of Licensed Surveyors Maps, page 27, Contra Costa County Records, described as follows: Beginning at the most easterly corner of said Parcel "A" (55 L.S.M. 27); said point being the true point of beginning of this description; thence from said true point of beginning South 140 25' 47" West, 212.11 feet to the most southerly corner of said Parcel "A" (55 L.S.M. 27); thence North 750 34' 13" West, 30.00 feet; thence North 14° 25' 47" East, 212.11 feet; thence South 75° 34' 13" East, 30.00 feet to the true point of beginning of this description. Excepting therefrom: (1) That portion thereof described in the Offer of Dedication to the City of Concord, recorded April 12, 1977, in Book 8281, Page 66, Official Records, as follows: Beginning at the most easterly corner of said Parcel "A" (55 L.S.M. 27); thence South 140 25' 47" West, 9.35 feet; thence along the arc of a non-tangent curve to the left, center of which bears South 330 31' 25" West, having a radius of 170 feet through a central angle of 10° 25' 47", an 60 159 arc length of 30.95 feet; thence leaving said curve on a non-radial line North 140 25' 47" East, 1.94 feet; thence South 750 34' 13" East, 30.00 feet to the true point of beginning. (2) An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral substances below a point 500 feet below the surface of said real property, together with the right to take, remove, mine and dispose of said oil, gas, casinghead gasoline and other hydrocarbons and minerals, as reserved in the deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as to an undivided 1/6 interest; and George Bisso, Edith I. B. Firpo, Louise Minns and Rose Caperton, each as to an undivided 1/8 interest and recorded September 1, 1971, in Book 6468, Page 805, Official Records. PARCEL THREE: The easement described in the deed from Irving Lutz, et al, to Duffel Financial and Construction Company, recorded August 10, 1978, in Book 8961, Page 294, Official Records, as follows: An ingress-egress and utility easement over a portion of Parcel "A" of the Record of Survey, filed November 8, 1972, in Book 55 of Land Surveyor's Maps, at page 27, in the office of the Contra Costa County Recorder, more particularly described as follows: Beginning at the common corner to Parcel "A" & "B" (55 L.S.M. 27) on the easterly right of way line of Stanwell Drive, the true point of beginning of this description; thence from said true point of beginning South 75° 34' 13" East, 279.00 feet; thence North 140 25' 47" East, 212.04 feet to a point on a curve on the southerly right of way of Bisso Lane; thence westerly along the arc of said curve having a radius of 170 feet the center of which bears South 16° 06' 55" West, through a central angle of 010 41' 08" an arc length of 5.00 feet; thence tangent to said curve along the southerly right of way of Bisso Lane North 750 34' 13" West, 19.00 feet; thence leaving said Bisso Lane right of way South 140 25' 47" West, 198.75 feet; thence North 75° 34' 13" West, 255.00 feet to the easterly right of way line of Stanwell Drive; thence along the right of way line of Stanwell Drive South 140 25' 47" West, 13.36 feet to the true point of beginning of this description. 61 160 PARCEL FOUR: The easement described in the deed from Irving Lutz, et al, to Duffel Financial and Construction Company, recorded August 10, 1978, in Book 8961, Page 296, Official Records, as follows: An ingress-egress and utility easement over a portion of Parcel "B" of the Record of Survey, filed November 8, 1972, in Book 55 of Land Surveyor's Maps, at page 27, in the office of the Contra Costa County Recorder, more particularly described as follows: Beginning at the common corner to Parcels "A" & "B" (55 L.S.M. 27) on the easterly right of way line of Stanwell Drive; thence from said point of beginning South 140 25' 47" West, 10.64 feet; thence South 750 34' 13" East, 227.00 feet; thence North 140 25' 47" East, 3.64 feet; thence South 750 34' 13" East, 15.00 feet; thence North 140 25' 47" East, 7.00 feet; thence North 750 34' 14" West, 242.00 feet to the point of beginning of this description. 62 161 State of California ) ss. County of Contra Costa ) On this day of in the year 1982, before me, the of the County of Contra Costa, State of California, duly commissioned and sworn, personally appeared known to me to be the Chair of the Board of Supervisors, and known to me to be the Clerk of the Board of Supervisors, of the COUNTY OF CONTRA COSTA, the county that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said political subdivision therein named, and acknowledged to me that such political subdivision executed the within instrument pursuant to a resolution of the Board of Supervisors of the County of Contra Costa. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal in the County of Contra Costa on the day and year in this certificate first above written. [Seal] 63 asp State of California } City and County of San Francisco ) -- ss. this d f �ti � in the year 1982, before me, .�� a lKotary Public in and for the State of California, residin therein, duly commissioned and sworn, personally appeared , known to me to be a Trust Officer, and M.!.511"qTT , known to me to be an Assistant Secretary, of BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, one of the corporations that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at my office in the City and County of San Francisco on the day and year in this certificate first above written. Notary Public in and for the State of California My commission expires: [Notarial Seal] i` K "til'PEC ,,AaPGr'tEA 1 Mf Gmmm•�iirw+ 1 ...ildd 64 163 �a State of California ) ss. County of Contra Costa ) On this day of in the year 1982, before me, a notary public in and for the State of California, duly commissioned and sworn, personally appeared , known to me to be the President, and known to me to be the Secretary, of CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal in the County of Contra Costa on the day and year in this certificate first above written. Notary Public in and for the State of California My commission expires [Notarial Seal] 65 164 i CCb-16b ASSIGNMENT OF BOND COUNSEL'S CONTRACT WHEREAS, the County of Contra Costa (the "County") and Orrick, Herrington & Sutcliffe, A Professional Corporation (the "Bond Counsel") have entered into a contract, dated March 9, 1982, pursuant to which the Bond Counsel agreed to render legal services with respect to the financing of public facilities in the County; and WHEREAS, the Board of Supervisors of the County on June 8, 1982 agreed to assign to the Corporation such portion of said contract as shall relate to the Certificates of Participation (2425 Bisso Lane Office Building) (the "Certificates") authorized to be issued by the Contra Costa County Public Facilities Corporation (the "Corporation") and all of its rights thereunder as shall relate to the Certificates authorized by the Corporation, and the Corporation has agreed to accept said assignment; NOW, THEREFORE, The undersigned County for value received hereby assigns to the Corporation such portion of that certain contract between the County and the Bond Counsel, dated March 9, 1982, as shall relate to the Certificates, and all - L 165 RESOwT'fN NO. B��G 60 of its rights thereunder as shall relate to the Certificates authorized by the Corporation. Dated: June 24, 1982. COUNTY OF CONTRA COSTA By Chair of the Board of Supervisors By Clerk of the Board of Supervisors 2 166 RESOLUTION NO. ACCEPTANCE OF ASSIGNMENT The undersigned, Contra Costa County Public Facilities Corporation, hereby accepts the above assignment upon the terms set forth therein and assumes the obligation of the County to make the payments hereinafter required to be made to the Bond Counsel thereunder in connection with the issuance and sale of the Certificates of Participation (2425 Bisso Lane Office Building), but only to the extent that the funds deposited with Bank of America National Trust and Savings Association, as trustee under the Trust Agreement, dated June 1, 1982 between said trustee, the Corporation and the County, are available therefor. Dated: June 24, 1982. CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION By President [SEAL) Attest: Secretary 3 � 16'7 - ' UTiGN NO. !��1 G 6 CONSENT TO ASSIGNMENT The undersigned, Orrick, Herrington & Sutcliffe, A Professional Corporation, hereby consents to the above assignment. Dated: June 24, 1982. ORRICK, HERRINGTON & SUTCLIFFE, A Professional Corporation By�4 z,,jj 4 . 0 168 RESOLUTION NO. fj �� 60 OFFICIAL STATEMENT NEW ISSUE In the opinion of Orrick, Herrington b Sutcliffe, A Professional Corporiation, San Francisco, California, Special Counsel, under existing laws, regulations and court decisions the portion of each rental payment designated as interest paid by the County of Contra Costa, California under the Facility Lease Purchase Agreement and received by the holders of the Certificates is exempt from federal income taxes and from State of California personal income taxes. $1,900,000 CERTIFICATES OF PARTICIPATION (2425 Bisso Lane Office Building) Evidencing a Proportionate Interest of the Holder Hereof in Rental Payments to be Made by the COUNTY OF CONTRA COSTA, CALIFORNIA to CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION DATED: June 1, 1982 DUE: July 1, as shown below Interest due with respect to the above identified Certificates is payable on January 1, 1983 and semiannually thereafter on each January 1 and July 1. The Certificates are issuable in coupon or in fully registered form in denominations of $5,000 or, with respect to registered Certificates, any integral multiple thereof and are payable at the principal office of Bank of America NT&SA, San Francisco, California, the Trustee. The Certificates are subject to redemption as described hereinafter. Subject to termination of the Facility Lease Purchase Agreement, at the option of the County on any June 15, the County is required to pay annually to the Trustee specified Rental Payments for the Projects which are designed to be sufficient, in both time and amount, to pay, when due, the annual principal of and interest due with respect tot he Certificates. Without creating•a pledge, lien or encumbrance upon funds available to the County in other than its then current fiscal year, the County has covenanted in the Facility Lease Purchase Agreement to take such action as may be necessary to include all such Rental Payments in its annual budgets and to make the necessary annual allocations within such budgets for all such Rental Payments. Maturity Schedule Maturity Principal Interest Maturity Principal Interest (July 1) Amount Rate (July 1) Amount Rate 1983 $ 90,000 1988 $195,000 1984 125,000 1989 215,000 1985 135,000 1990 240,000 1986 155,000 1991 270,000 1987 170,000 1992 305,000 Bank of America NT&SA -- June 8, 1982 RESCLJT!ON NO. ��6G Facility Lease Purchase Agreement is for a term of 10 years and one month, but may be terminated by the County by written notice to the Corporation prior to June 30 of any year. The obligation of the County to make Rental Payments under the Facility Lease Purchase Agreement constitutes a current expense of the County payable from finds of the County lawfully available therefor. Such obligation does not constitute a debt of the County and does not constitute a liability of or a lien or charge upon thefunds or property of the County beyond the fiscal year for which the County has allocated funds to pay Rental Payments. The Certificates are offered when, as and if delivered and received by the Underwriter, subject to an approving legal opinion of Orrick, Herrington S Sutcliffe, A Professional Corporation, San Francisco, California, Special Counsel. Certain legal matters will be passed upon by the County Counsel. It is expected that the Certificates will be available for delivery in San Francisco, California on or about June 24, 1982. No dealer, broker, salesperson or other person has been authorized by the Contra Costa County Public Facilities Corporation, or the County of Contra Costa, California to give any information or to make any representation, other than those contained herein, and, if given or made, such other information or repre- sentation must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an after to sell or the solicitation of an offer to bur nor shall there be any sale of the Bonds by a person in any jurisdiction in which it is unlawful for such person to make such an offer,solicita- tion or sale. This Official Statement is not to be construed as a contract with the purchasers of the Bonds. Statements contained in this Official Statement which involve estimates, forecasts or matters of opinion, whether or nor expressly so described herein, are intended solely as such and are not to be construed as a representation of facts. The information and expressions of opinions herein are subject to change without notice and neither deliver of this Official Statement nor am• sale made hereunder shall, under any circum- stances, create anti implication that there has been no change in the affairs of the Corporation or the County of Contra Costa since the date hereof. This Official Statement and its distribution have been duly authorized and approved by the Board of Directors of the Corporation and the Board of Supervisors of the County. This Official Statement is submitted in connection with the sale of the Bonds referred to herein and may nor be reproduced or used,in whole or in part,for any other purpose. TABLE OF CONTENTS page County Officials Introduction The Corporation Purposes and Powers Organization The Project Estimated Project Costs and Uses of Funds Annual Debt Service Future Financing Plans The Certificates of Participation Authority for Issuance Purpose of Issue Description of the Certificates Interest Form, Denomination and Registration Redemption Provisions Notice of Redemption Trustee Security of the Certificates Limitation of Remedies Le al Opinion Tax Exempt Status Litigation 170 CUSIP Numbers NO. Ratings CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION Board of Directors J. Michael Bowhay President John E. Whalen Vice President Linton L. Emerson,Jr. Gerald Feagley Doug Offenhartz Secretary Treasurer Director Contra Costa County Board of Supervisors Sunne Wright McPeak (District 4) Chair Tom Powers Nancy C. Fanden (District 1) (District 2) Robert 1. Schroder Tom Torlakson (District 3) (District S) James R.Olsson County Clerk-Recorder County Officials Donald L. Bouchet Alfred P. Lomeli Auditor-Controller Treasurer-Tax Collector Melvym G. Wingett John B. Clausen Chief Administrative Officer County Counsel Frank Fernandez Assistant County Administrator—Finance 71m Date of This Official Statement is 3une 8 ,1982. 3 171 INTRODUCTION The purpose of this Official Statement is to supply Information to prospective buyers of the Certificate of Participation (2425 Bisso Lane Office Building) (hereinafter referred to as the "Certificates"). Quotations from the summaries and explanations of the Certificates, the Trust Agreement providing for the issuance of the Certificates and of statutes and documents contained herein do not purport to be complete, and reference is made to said documents and statutes for full and complete statemnts of their provisions. The Contra Costa County Public Facilities Corporation (hereinafter referred to as the "Corporation") was formed to assist the County of Contra Costa (hereinafter referred to as the "County") in financing various public buildings and facilities. The $1,9D0,000 principal amount of the Corporation's Certificates currently being offered for sale will be issued pursuant to a Trust Agreement (hereinafter referred to as the "Trust Agreement") between to Corporation and Bank of America NTSSA, as Trustee. The Trust Agreement, approved by the Corporation as to form on June 1, 1982, will be dated June 1, 1982 aed will be executed on behalf of each party prior to the delivery of the Certificates. See the section of this Official Statement entitled "The Trust Agreement." Pursuant to California law, the County has called for public bids for the sale by it of the County's interest in certain real property, upon the condition that the accepted bidder purchase the parcel of real property (an office building described in the Section of this official statement entitled "The Project") and lease the Project back to the County under the terms of a Facility Lease Purchase Agreement. The Corporation was formed in part to insure that the County receive a good bid at the sale bidding procedure. The bid for the sale and leaseback submitted by the Corporation to the County was the best bid submitted and was accepted by the County. The Corporation will purchase the facilities described in the section of this Official Statement entitled "The Project." Those facilities (hereinafter referred to as the "Project") will then be leased to the County under the terms of a lease (hereinafter referred to as the "Facility Lease Purchase Agreement") described later in this Official Statemnt. At the end fo the lease, or upon retiring the Certificates, the ownership of the Project will be transferred from the Corporation to the County, as provided in the Deed of Gift, described later in this Official Statement. Lease payments by the County of the Corporation will secure the Certificates. the term of the lease is ten years and one month and is renewable annually. The Facility Lease Purchase Agreement provides, in general, that: (1) the County will lease the Project from the Corporation, (2) the County will make semiannual base rental payments due in advance each December 15 and June 15 in amounts sufficient to meet semiannual certificate interest and principal payments due on the next succeeding January 1 and July 1 respectively, and (3) the County will pay additional rental sufficient to meet other administrative charges incurred by the Corporation. To ensure prompt payment of the Certificates, the following additional safeguards are provided: (1) The Trustee has been designated to receive Certificate proceeds and all revenues including rental payments, to disburse the funds as directed by the Trust Agreement and to pay principal and interest on the certificates 1'72 as they fall due. (2) A reserve fund equal to $285,000 will be established from Certificate proceeds,. Interest earnings Will accumulate in the reserve fund until there is a balance in such fund equal to the lesser of (i) maximum annual debt service or (ii) the amount permitted under the arbitrage bond regulations of the U.S. Treasury (presently 15 percent of original principal amount) without imposing yield restrictions. (3) Various types of insurance, including fire, public liability, title and rental interruption are to be provided, including earthquake When available from reputable insurers on the open market. 173 THE CORPORATION The Corporation was organized on November 12, 1981 as a nonprofit public benefit corporation pursuant to the Nonprofit Public Benefit Corporation Law of the State of California (Title 1, Division 2, Part 2 of the California Corporations Code).The Corporation's principal place of business is the County of Contra Costa. Purposes and Powers The purpose of the Corporation is to provide financial assistance to the County by financing the acqui- sition. construction, improvement and remodeling of public buildings and facilities for the County, together with parking,site development,landscaping.utilities,equipment,furnishings,improvements and all appurtenant and related facilities. Under its articles of incorporation, the Corporation has all powers conferred upon nonprofit public I benefit corporations by the laws of the State of California with the following limitation: the Corporation shall l never engage in any activity other than said activities as may be incidental to the purpose of carrying out I the primary purpose for which the Corporation is formed. Organization The Corporation functions as an independent entity. It is governed by a five-member Board of Directors approved by the County. Corporate Directors receive no compensation. The Corporation has no employees. All staff work is performed by the County. The Directors of the Corporation are as follows: J. Michael Bowhay.President John E.Whalen, Vice President Linton L. Emerson, Jr., Secrerary Gerald Feagley, Treasurer Doug Offenhartz, Director ee 174 THE PROJECT The Project consists of the acquisition of an office building to be leased by the County for use by several County departments. The office building is located on a 1.2 acre site at 2425 Bisso Lane in the City of Concord. It contains approximately 25,000 square feet and has parking for 100 cars. The building is of wood frame construction. The County has occupied the building since it was completed in September 1979. In December 1980 the County bought an option on the property for $200,000. The purchase price was $1.6 million. In August 1981 the County exercised the option and paid $1.4 million for hte property with the intention of securing long-term financing at a later date. The County presently occupies approximately 75 percent of the building. County tenants include the Manpower Department, the Health Department's Post Conviction Drunk Drivers' Program and the Area Office on Aging. It is the County's intention to gradually occupy the whole building as noncounty tenants' leases expire. The longest lease expires October 31, 1983. It is expected that the financing and acquisition of 2425 Bisso Lane will result in a rental of approximately $1.26 persquare foot which compares favorably with similiar properties in the surrounding area. Although there is some space available at $1.00 per square foot, new space under construction is priced at $1.60 a swuare foot and higher. The growth of demand for office space in the Concord area provides the opportunity to increase rents in step with a rising market. Estimated Project Costs and Uses of Funds Table 1 shows an estimate of the costs of the Project and the uses of funds. TABLE 1 CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION CERTIFICATES OF PARTICIPATION (2425 Bisso Lane Office Building) ESTIMATED PROJECT COSTS AND USES OF FUNDS Costs of acquisition ..................................... $1,400,000 Reserve fund ............................................. 285,000 Underwriting discount .................................... 38,000 Cost of issuance ......................................... 135,000 Contingencies ............................................ 42,000 Total................................................ $1,900,000 175 Annual Debt Service Table 2 shows annual debt service. The actual base rent will be sufficient to pay debt service on the Certificates when due. TABLE 2 CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION CERTIFICATES OF PARTICIPATION (2425 Bisso Lane Office Building) ANNUAL DEBT SERVICE Principal Outstanding Total Fiscal Beginning Principal Debt Year of Year Maturity Interest Service 1963-84 $1,900,000 $ 90,000 $ $ 1984-85 1,810,000 125,000 1985-86 1,685,000 135,000 1986-87 1,550,000 155,000 1987-88 1,395,000 170,000 1988-89 1,225,000 195,000 1989-90 1,030,000 215,000 1990-91 815,000 240,000 1991-92 575,000 270,000 1992-93 305,000 305,000 $1,900,000 Future Financing Plans On April 13, 1982 the Corporation sold $4,500,000 Series A Bonds to acquire two office buildings for lease to the County. Over the next three years the County plans to lease on a long term basis from the Corporation or a joint powers authority approximately twelve additional facilities needed by the County. The amount of bonds required to be issued by the Corporation or joint powers authority to accomplish the financing of the acquisition and construction of these additional facilities is presently estimated at $40,000,000. The County presently plans to sell in June 1982, approximately $48,000,000 of tax anticipation notes maturing in approximately one year. 176 THE CERTIFICATES OF PARTICIPATION Authority for Issuance The $1,900,000 principal amount of Contra Costa County Public Facilities Corporation (2425 Bisso Lane Office Building) Certificates of Participation is to be issued pursuant to the Nonprofit Public Benefit Corporation Law of the State of California (Title 1, Division 2, Part 2 of the California Corporations Code) and the Trust Agreement dated as of June 1, 1982 to be entered into between the Corporation and Bank of America NTSSA, San Francisco, California, as Trustee. Purpose of Issue The proceeds from the sale of the Certificates will be used to finance acquisition of an office building for lease to the County of Contra Costa as more fully described in the section of the Official Statement entitled "The Project." Description of the Certificates Cover Certificates will be dated June 1, 1982, and will pay interest from their date. Fully registered Certificates delivered prior to January 1, 1983 will be dated June 1, 1982. Fully registered Certificates delivered on or after January 1, 1983 will be dated as of the preceding interest payment date. Interest on fully registered Certificates will pay interest from their date. The Certificates will consist of an aggregate amount of $1,900,000 maturing serially on July 1, 1983-1992, inclusive. The Certificates in coupon form will be numbered Al through A380 and the Certificates will be payable on July 1 as shown on the cover of this Official Statement. Maturity Date Principal Maturity Date Principal July 1 Amount July 1, Amount 177 Interest The first interest payment is January 1, 1983. Interest thereafter will be payable semiannually on January 1 and July 1 of each year. Both principal and interest are payable at the principal corporate trust office of the Trustee of the Corporation in San Francisco, California. Form, Denomination, and Registration The Certificates will be issued as coupon certificates in the denomination of $5,000, or as fully registered certificates in the denomination of $5,000 or any multiple thereof so long as principal shall mature in only one year. Coupon Certificates and fully registered Certificates will be interchangeable at the office of the Trustee as provided for in the Trust Agreement. There is no charge to the certificateholder for the first exchange of Certificates in the form in which they were initially delivered to the original purchaser. A charge is imposed on subsequent exchanges. Redemption Provisions In the event of loss or substantial damage to or condemnation of the whole or part of the Project, all or any part of the Certificates may be redeemed at any time by payment of the total principal amount and accrued interest to the date of redemption, but without premium. If the County exercise's its option to purchase the Project the Certificates as a whole may be redeemed at any time by payment of the total principal amount and accrued interest to the date of redemption plus a premium of five percent of the principal amount. The Certificates may also be redeemed on any date, as a whole or in part, if the County does not renew the Lease Purchase Agreement for any renewal term by payment of the total principal amount and accrued interest to the date of redemption, but without premium. Except as stated above Certificates due from July 1, 1983 through Julv 1, 1992 inclusive, are not subject to call. Notice of Redemption Notice of redemption is to be published once in•a financial newspaper or journal. The publication will be at least 30 days but not more than 60 days prior to the redemption date. The Trustee is required to give written notice to the owners of any registered certificates. Trustee Bank of America National Trust and Savings Association, San Francisco, California, has been appointed by the Corporation as Trustee. The Trustee will receive all of the proceeds of the Certificates and will disburse such proceeds in conformity with the Trust Agreement. In addition to holding and administering the various funds of the Corporation, the Trustee will invest the funds held in trust and will be the recipient of the rental revenues of the Corporation relating to the Project. The Trustee will also act as Paying Agent of the Corporation paying interest on and principal of the Certificates. The Trustee will act as certificate registrar and will authenticate all Certificates. 1'78 Security of the Certificates The Certificates when issued will be lease revenue certificates of the Corporation secured by and payable from rentals received under the terms of the Facility Lease Purchase Agreement between the Corporation and the County to be dated June 1, 1982. Each Certificate represents a direct and proportionate interest of the holder thereof in payments to be made by the County as rental and purchase price of the Project. Base Rental payments in the amount computed to be sufficient to pay the debt service on the Certificates will be due semiannually each June 15 and December 15, commencing December 15, 1982. The County also will pay all maintenance and repair of the Project while it is in possession of the Project and will pay as Additional Rental amounts (limited to $5,000 annually) required for payment by the Corporation of its administrative costs in connection with the Project. Annual rental payments under the Facility Lease Purchase Agreement are not an obligation for which the County may increase its tax rate. See the section of this Official Statement entitled "Consitutional Limitations on Taxes and Appropriations." However, the rental payments are a charge against the general fund of the County and the County intends under the Facility Lease Purchase Agreement to annually budget, appropriate and to make the rental payments on a timely basis. The Certificates will not be a debt of the Corporation and not a debt, liability or obligation of the County of Contra Costa. The Facility Lease Purchase Agreement will constitute a legal, valid and binding instrument in accordance with its terms. The obligation of the County to pay semiannual rental during the term of the Facility Lease Purchase Agreement will be valid and enforceable in accordance with its terms, subject to the limitations on legal remedies against counties in the State of California and to laws relating to bankruptcy or insolvency or other laws affecting creditors' rights. The rentals payable by the County constitute the primary source of the Corporation for the payment of the Certificates and such rentals are payable only from funds of the County legally available therefor. Remedies provided under the Facility Lease for default by the County do not include any right of acceleration of rent. Limitation of Remedies In addition to the limitation on remedies contained in the Trust Agreement, the rights and remedies provided in the Trust Agreement and the Facility Lease may be limited by and are subject to the provisions of federal bankruptcy laws, as now or hereafter enacted, and to other laws or equitable principles that may affect the enforcement of creditors' rights. Legal Opinion The legal opinion of Orrick, Herrington & Sutcliffe, A Professional Corporation, of San Francisco, California, special counsel to the Corporation, approving the validity of the Certificates, will be furnished to the purchasers without charge at the time of the original delivery of the Certificates. A copy of the legal opinion will be printed on each certifiFate— 0/79 Special counsel's fee is payable from the proceeds of the Certificates and is contingent upon certificate delivery, except if the Certificates are not issued and the project is abandoned, special counsel will receive a fee based upon the amount of work performed to said time of abandonment. Tax Exempt Status In the opinion of special counsel, interest on the Certificates is exempt from present Federal income taxes and State of California personal income taxes under existing statutes, regulations and court decisions. Litigation No litigation is pending or threatened concerning the validity of the Certificates and a certificate of the County Counsel to that effect will be furnished to the purchasers at the time of the original delivery of the Certificates. The County is not aware of any litigation pending or threatened questioning the political existence of the County or contesting the County's ability to levy and collect ad valorem property taxes. There are a number of lawsuits and claims pending against the County. The aggregate amount of the uninsured liabilities of the County which may result from all suits and claims will not, in the opinion of the County Counsel, materially affect the County's finances or impair its ability to meet its rent obligations under the Facility Lease Purchase Agreement. CUSIP Numbers It is anticipated that CUSIP numbers will be printed on the Certificates but neither failure to print such numbers on any Certificate nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the Certificates in accordance with the terms of the purchase contract. Additional Information All data contained herein have been taken or constructed from County or Corporation records. Appro- priate Coun(N officials, acting in their official capacity, have reviewed this Official Statement and have determined that as of the date hereof the information contained herein is, to the best of their knowledge and belief, true and correct in all material respects and does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made,in light of the circumstances under which they were made, not misleading.The appropriate County official will execute a certificate to this effect upon delivery of the Certificates. This Official Statement and its distribution have been duly authorized and approved by the Board of Supervisors of Contra Costa County and by the Board of Directors of the Contra Costa County Public Facilities Corporation. - t 180 DEED OF GIFT The Deed of Gift (2425 Bisso Lane Office Building) (herein referred to as the "Deed of Gift") has been approved as to preliminary form by the Corporation and the County. The Deed of Gift will be dated June 1, 1982, and will be executed prior to the delivery of the Certificates. Pursuant to the Deed of Gift, the Corporation will grant to the County all of its title to the real property upon which the Project facilities are located. The Corporation will reserve, however, an estate for 20 years and one month from June 1, 1982, in said real property, subject to the condition that if prior to July 1, 2022, the County, as lessee under that certain Facility Lease/Purchase Agreement (as more fully described below), pays all rental payments required thereunder, or exercises its option to purchase the Project by payment of the applicable Purchase Price (as that term is defined in the Facility Lease/Purchase Agreement), the reserved estate for years will terminate and title to the aforesaid real property will vest in the County. 040034-0004-155-2296b 06/05/82. 1 l 8 1 FACILITY LEASE/PURCHASE AGREEMENT (2425 BISSO LANE OFFICE BUILDING) The Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building), herein referred to as the "Lease Purchase Agreement, " has been approved as to form by the Corporation and the County. The Lease Purchase Agreement will be dated June 1, 1982, and will be executed prior to the delivery of the Certificates. A summary of selected provisions of the Lease Purchase Agreement pursuant to which the Corporation will lease the Project to the County follows. Term The original term of the Lease Purchase Agreement shall start on the date of its recordation in the office of the County Recorder of Contra Costa County, State of California, and shall end on June 30, 1983, unless earlier terminated. At the option of the County, the lease term may be renewed for additional one-year terms, up to a maximum lease term of ten years and one month. The Lease Purchase Agreement will terminate upon the earliest of any of the following events: (1) the expiration of the original term or any renewal term without the appropriation of sufficient funds by the County to continue its leasing of the Project during the next succeeding renewal term; (2) the exercise by the County of its option to purchase the Project; (3) a default by the County under the Lease Purchase Agreement and the exercise by the Corporation of its option to terminate therefor; or (4) payment by the County of all rental payments due under the Lease Purchase Agreement. Continuation of Lease Term By County The County intends to continue the lease term through its original term and all renewal terms and to pay all rental payments becoming due thereunder. The County also intends to do all things lawfully within its power to obtain and maintain funds from which such rental payments may be made, including the provision for such payments in its proposed annual budgets, to have such portions of the budget approved, and to exhaust all available reviews and appeals in the event such portions of the budget are not approved. Rental Rental payable for the use and occupancy of the Project is denominated as "base rental payments" and "additional rental payments_" - - L 182 Base Rental Payments The County agrees to pay the Corporation a base rent, semiannually beginning on December 15, 1982, and each succeeding June 15 and December 15 up to and including June 15, 1992, unless the Lease Purchase Agreement is earlier terminated, in which case payment of base rent will continue to the end of the then current original or renewal term of the Lease Purchase Agreement. The base rent shall be in a specified amount sufficient to meet payments of interest and principal on the Certificates as they become due. The actual base rent obligation of the County will be determined upon the sale of the Certificates. Additional Rental Payments The County is also required to pay the Corporation additional rent to meet administrative costs of the Corporation attributable to the Project and the Certificates, provided, such additional rental shall not exceed $5,000 annually. Interest Component A portion of each base rental payment will be paid as, and shall represent the payment of, interest. Title to Project During the term of the Lease Purchase Agreement, title to the Project shall be retained by the Corporation, except that title to fixtures added to the Project and acquired separately by the County which may be disconnected or detached without damaging the Project and without impairing the operation thereof shall remain in the County. In the event of a default under the Lease Purchase Agreement due to a nonappropriation of funds for any renewal term, the County will vacate and surrender possession of the Project to the Corporation. Maintenance, Modification, Taxes and Insurance The County shall be responsible for the maintenance and repair of the Project while in possession, and shall pay or arrange for payment of such costs, as well as utilities, and taxes and assessments throughout the term of the Lease Purchase Agreement. The County shall have the right during the term of the Lease Purchase Agreement to make alterations or improvements or attach fixtures, structures, or signs to the Project if such modifications are necessary or beneficial for the use of the Project by the County. The County is required to obtain and maintain throughout the term of the 2 040034-0004-155-2296b 06/05/82 . i 183 Lease Purchase Agreement various insurance coverages including public liability and rental interruption or use. and occupancy insurance. The major features of these various insurance coverages are discussed in this Official Statement under the Section entitled "The Trust Agreement." Damage, Destruction and Condemnation In the event that the Project is destroyed or damaged by fire or other casualty or title to the Project is taken by eminent domain, the net proceeds of any insurance claim or condemnation award will be applied to the prompt repair, restoration, modification, improvement, or replacement of the Project. Any balance of the net proceeds remaining after such work has been completed shall be paid to the County. If the net proceeds are insufficient to pay the full cost of the repair, restoration, modification, improvement or replacement of the Project, the County shall either (a) pay the excess amount; or (b) exercise its Option to Purchase the Project at the the applicable Purchase Price (as defined in the Lease Purchase Agreement) . Option to Purchase The County shall have an option to purchase the Corporation' s interest in the Project and thereby terminate the Lease Purchase Agreement, if: (1) at the end of the lease term (including all renewal terms) payment in full of all rental payments has been made and an additional one dollar is paid to the Corporation; or (2) during the original term or any renewal term, payment is made by the County of the then applicable Purchase Price; or (3) the lease term is terminated by total damage, destruction or condemnation of the Project and payment is made by the County of the then applicable Purchase Price. Assignment and Subleasing The Lease Purchase Agreement may be assigned and reassigned by the Corporation without the consent of the County. Neither the Lease Purchase Agreement nor any interest of the County therein may be mortgaged, pledged, assigned, sublet, or transferred by the County without the prior written consent of the Corporation. Default By County Should the County default and fail to remedy any such default, the Corporation has the right to: (i) terminate the County's right to possession of the Project and thereby terminate the Lease Purchase Agreement; or 3 040034-0004-155-2296b 06/05/82 1 84 (ii) continue the Lease Purchase Agreement in full force and effect with the County at all times having the right to possession of the Project. Notwithstanding any such election to have the Lease Purchase Agreement continue in full force and effect, the Corporation shall have the right to recover rental payments as they become due and the Corporation may at any time thereafter elect to terminate the County's right to possession of the Project for any previous breach which remains uncured or for any subsequent breach. The foregoing summary discussion of selected features of the proposed form of Lease Purchase Agreement is made subject to all of the provisions of the proposed form of Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building) . This summary discussion does not purport to be a complete statement of said provisions and prospective purchasers of the Certificates are referred to the complete text of the proposed form of Facility Lease/Purchase Agreement (2425 Bisso Lane Office Building), a copy of which is available upon request sent to Bank of America National Trust and Savings Association, Public Finance No. 3295, Box 37003, San Francisco, California 94137. 4 040034-0004-155-2296b 06/05/82 1 8 5 THE TRUST AGREEMENT The proposed Trust Agreement (herein referred to as the "Trust Agreement") to be entered into between the Corporation and Bank of America NT & SA, as Trustee, will be dated as of June 1, 1982, and will be executed prior to the delivery of the Certificates. A summary of selected provisions of the Trust Agreement under which the Certificates will be secured follows. The Trustee Bank of America NT & SA, San Francisco, California, has been appointed by the Corporation as Trustee. The Trustee will receive all of the Certificate proceeds and revenues of the Corporation for disbursement in conformity with the Trust Agreement. In addition to administering the various funds of the Corporation, the Trustee will invest all funds held in trust, act as paying agent for the Corporation's Certificates and act as registrar for the Certificates. Creation of Special Funds The Trust Agreement provides for the establishment of special trust funds, all to be held and administered by the Trustee. These funds together with their sources and uses are summarized in the tabulation on page Moneys held in the various funds may be invested by the Trustee under the provisions of Section 5.04 of the Trust Agreement. Disposition of Certificate Proceeds and Other Moneys The Trust Agreement provides that the proceeds from the sale of the Certificates shall be deposited with the Trustee. The Trustee will then make the following deposits: (1) Interest Fund--An amount equal to any accrued interest received upon the sale of the Certificates. (2) Reserve Fund--A sum equal to $285,000. (3) Corporate Operation Fund--A sum equal $5,000. (4) Acquisition and Construction Fund--The balance of proceeds from the sale of the Certificates shall be deposited in the Acquisition and Construction Fund. Revenue Fund All base rental payments shall be paid to the Trustee and deposited by the Trustee to the credit of the • � 186 Revenue Fund. Moneys in the Revenue Fund shall be transferred to and deposited in the following respective funds by the Trustee in the following order of priority: (1) Interest Fund Commencing on or before December 31, 1982, and on or before June 30 and December 31 of each year thereafter, an amount equal to the aggregate amount of interest becoming due and payable on the outstanding Certificates on the next succeeding interest payment date, less any available balances in said fund. (2) Principal Fund On or before each December 31, beginning December 31, 1982, an amount at least equal to one-half of the principal becoming due and payable on the Certificates on the next succeeding July 1, and on or before each June 30, beginning June 30, 1983, an amount which, along with any balance on deposit, shall be at least equal to the principal payable on the next succeeding July 1. (3) Operation and Maintenance Fund If the Corporation shall at any time operate the project, on or before each June 30 and each December 31, the Trustee shall deposit an amount needed to provide for payment of all costs of operation and maintenance during the next six months. (4) Reserve Fund All remaining revenue shall be deposited in the Reserve Fund. Moneys in this Fund shall be used to pay Certificate principal and interest in the event no other funds are available, and moneys in this Fund in excess of one-half of the Reserve Requirement (as defined in the Trust Agreement) may be used for the repair, reconstruction, or replacement of any damage or destroyed portion of the Project or for the loss of rental income not insured against because of the thirty-day deductible amount. If on January 1 or July 1 of any year the amount in the Reserve Fund exceeds the Reserve Requirement (as defined in 2 040034-0004-155-2295b 06/04/82 1 87 1 the Trust Agreement) and the Corporation and the County are not in default under the Lease Purchase Agreement or Trust Agreement, such excess shall be used to the extent needed to increase the balance in the Corporate Operation Fund to the amount required to be on deposit in said fund and any remaining excess amount shall be paid to the County. Corporate Operation Fund The Trustee shall deposit in the Corporate Operation Fund from time to time all amounts received in the form of additional rent sufficient to maintain a balance of $5,000, said moneys to be used to pay all admininstrative costs of the Corporation. 3 040034-0004-155-2295b 06/04/82 TRUST FUNDS Fund Principal Source Use Acquisition and Certificate Acquisition and Construction Proceeds Construction of the Fund (Section Project, and 3.03) incidental expenses of Certificate issuance and delivery. Revenue Fund County Base Rental Transfers to Interest (Section 5.01) Payments Fund; Principal Fund; Operation and Maintenance Fund, if needed; and Reserve Fund. Interest Fund Transfers from Certificate interest (Section 5.02(a)) Revenue Fund payments. Principal Fund Transfers from Certificate principal (Section 5.02(b)) Revenue Fund payments. Operation and Transfers from To meet costs of Maintenance Revenue Fund operation and Fund (Section maintenance if at 5.02(c) ) any time the Corporation shall operate and maintain the Project. Reserve Fund Certificate Proceeds Certificate principal (Section 5.02(d)) and, if depleted, and interest; payment Revenue Fund of final maturities; payment for Project repairs or replacement; and transfers to Corporate Operation Fund, if needed. Corporate Certificate Proceeds, Corporate operating Operation Fund County Additional expenses. (Section 5.03) Rental Payments, and transfers from Reserve Fund earnings, if needed 189 Investment of Funds Any moneys in any of the funds may be invested in time deposits including certificates of deposit or repurchase agreements of banks or savings and loan associations or in Federal securities (as defined in the Trust Agreement), subject to limitations as set forth in the Trust Agreement. All interest earned on any such investment shall become part of the fund used to make such investment. Moneys in the Revenue Fund and in the Operation and Maintenance Fund may be invested in obligations which will mature on or before the dates when such moneys are scheduled to be needed for payment from such fund. Moneys in the Interest Fund and in the Principal Fund may be invested in obligations which will, as nearly as practicable, mature on or before the respective semiannual interest payment dates or annual principal payment dates or annual Certificate maturity dates. Moneys in the Acquisition and Construction Fund and the Corporate Operation Fund may be invested in obligations which will mature within one year from the date of investment. One-half of the moneys in the Reserve Fund may be invested in obligations which will mature within five years from the date of investment, and one-half in obligations which will mature within ten years from the date of investment. Title Insurance A policy of title insurance insuring the Corporation's estate for years title to the real property described in the Deed of Gift will be provided at or prior to delivery of the Certificates. Said policy will be enforceable for the benefit of the Certificate holders in the amount of $1,900,000. Fire and Extended Coverage Insurance While any of the Certificates are outstanding, the Corporation shall cause to be maintained insurance against loss or damage to the Project by fire and lightning with extended coverage and vandalism and malicious mischief insurance. Such insurance shall either (1) be in an amount equal to the replacement cost of the structures subject to deductible clauses of not to exceed the lesser of $50,000 or the excess of the available moneys in the Reserve Fund above one-half of Reserve Requirement for any one loss, or (2) be in an amount and in form sufficient to enable the Corporation (together with moneys in the Reserve Fund) either to retire 5 040034-0004-155-2295b 06/04/82 . 1 190 all Certificates then outstanding or to restore the structures to the condition existing before such loss. Earthquake Insurance The Corporation shall maintain earthquake insurance in an amount equal to the replacement cost of the Project, provided coverage is available on the open market from reputable insurance companies. Such insurance may be subject to a deductible clause of not to exceed ten percent of said replacement cost for any one loss. Alternatively, the Corporation may provided earthquake insurance in an amount and form sufficient to enable the Corporation (together with moneys in the Reserve Fund) either to retire all Certificates then outstanding or to restore the structures to the condition existing before such loss. Use and Occupancy Insurance While any of the Certificates are outstanding, the Corporation shall cause to be maintained use and occupancy or rental interruption insurance to cover total or partial loss of rental income from the Project resulting from damages discussed in the "Fire and Extended Coverage Insurance" and "Earthquake Insurance" paragraphs in an amount sufficient to pay the total rental due for the period of time allowed for the construction of the Project plus three months subject to a deductible clause of thirty days, except that such insurance need be maintained as to the peril of earthquake only if available on the open market from reputable insurance companies. Public Liability Insurance Except as discussed below, while any of the Certificates are outstanding the Corporation shall cause to be maintained public liability insurance. Minimum liability limits for such insurance are $1,000,000 for personal injury or death of one person; $3,000,000 for personal injury or death of two or more persons in each event; and $200,000 subject to a deductible clause not to exceed $5,000, for property damage from each event. Such public liability and property damage insurance may however be in the form of a single limit policy in the amount of $3,000,000 covering all such risks. Such liability insurance may be maintained in conjunction with any other liability insurance carried by the County. The Corporation may, however, provide other methods of protection in substitution for the public liability insurance, if there shall be filed with the Trustee a 6 191 040034-0004-155-2295b 06/04/82 certificate of an actuary or other qualified person stating that the substitute method would afford adequate protection to the-Corporation. The County intends to satisfy this public liability insurance requirement through the County's public liability self-insurance program. See "Self-Insurance Program, " page _. Eminent Domain If all or any part of the trust estate shall be taken by eminent domain proceedings, or sold under threat thereof, the proceeds therefrom shall be deposited with the Trustee and applied and disbursed as follows: (a) to be treated as revenues of the Project if the Project's operation has not been materially affected or the Corporation's ability to meet its obligation has not been impaired; or the proceeds are not needed for repair or rehabilitation of the Project; (b) to be used to redeem Certificates if less than all of the Project shall have been taken by eminent domain and if the Project' s operation has been materially affected; and (c) if all of the Project shall have been taken by eminent domain, the proceeds therefrom and any other available moneys shall be used to redeem Certificates. If said moneys are insufficient the Trustee shall apply the proceeds to the payment of Certificate principal and interest in full or ratably without preference or priority. Additional Covenants The Indenture contains other covenants, including but not limited to, the following whereby the Corporation agrees to: (1) Perform all obligations and duties imposed on it under the Lease Purchase Agreement and to enforce such Lease Purchase Agreement against the County in accordance with its terms; (2) Sell, exchange or permit the sale of any personal property constituting the Project only in accordance with the terms of the Trust Agreement; (3) Maintain, or cause to be maintained, proper books of record and account; (4) Maintain, or cause to be maintained, -in good condition and repair the Project facilities; 040034-0004-155-2295b 06/04/82 192 (5) Pay or cause to be paid any taxes, assessments, or other charges upon the Project. Remedies on Default In the event of default, the Trustee may, and upon the written request of holders of not less than a majority of the aggregate principal amount of Certificates outstanding, shall be entitled, upon notice in writing to the County and the Corporation, to exercise the remedies provided to the Corporation in the Lease Purchase Agreement. If the Lease Purchase Agreement is terminated pursuant to Section 4.02(a) thereof, the Trustee and Corporation shall take whatever actions are necessary to sell the Project and apply the proceeds of such sale to the redemption of the Certificates. Non-Liability of County Except for the payment of rental payments when due in accordance with the Lease Purchase Agreement and the performance of the other covenants and agreements contained therein, the County shall have no further obligation or liability to the Certificate holders, the Corporation, or any other parties. The foregoing summary discussion of selected provisions of the proposed Trust Agreement is made subject to all of the provisions of the Trust Agreement. The foregoing summary discussion does not purport to be a complete statement of such provisions. For full details, prospective purchasers of the Certificates are referred to the complete text of the proposed Trust Agreement, a copy of which is available upon request sent to Bank of America National Trust and Savings Association, Public Finance No. 3295, Box 37003, San Francisco, California 94137. s� 040034-0004-155-2295b 06/05/62 193 COUNTY FINANCIAL INFORMATION The Certificates are not a debt or obligation of the County. However, as the primary source of payment for the Certificates will be '.rte rental payments to be made by the County, the following information concern:.:g the County is included. t Ad Valorem Property Taxes Taxes are levied for each fiscal year on taxable real and personal property which is situated in the County as of the preceding March 1.For assessment and collection purposes,property is classified either as "secured" or "unsecured," and is listed accordingly on separate parts of the assessment roll. The "secured roll" is that part of the assessment roll containing State assessed property and real property having a tax lien which is sufficient, in the opinion of the assessor, to secure payment of the taxes. Other property is assessed on the .,unsecured roll." Property taxes on the secured roll are due in two installments, on November 1 and February 1 of the fiscal year. if unpaid, such taxes become delinqucni on December 10 and April 10 respectively, and a six percent penalty attaches to any delinquent payment. In addition, property on the secured roll with respect to which taxes are delinquent is sold to the State on or about June 30 of the fiscal year. Such property may thereafter be redeemed by payment of the delinquent taxes and the delinquency penalty, plus a redemption penalty of one percent per month to the time of redemption. (Effective fiscal year 198243 the delinquency penalty increases to ten percent and the redemption penalty increases to one and one-half percent per month.) 1f taxes are unpaid for a period of five years or more, the property is deeded to the State and then is subject to sale by the County Tax Collector. Property taxes on the unsecured roll are due as of the March 1 lien date and become delinquent,if unpaid on August 31. A six percent penalty attach_s to delinquent taxes on property on the unsecured roll, and an additional penalty of one percent per month begins to accrue beginning November 1 of the fiscal year. (Effective fiscal year 1982-83 the delinquency penalty increases to ten percent and the redemption penalty increases to one and one-half percent per month.) The taxing authority has four ways of collecting unsecured personal property taxes: (1) a civil action against the taxpayer; (2) filing a certificate in the office of the County Clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer; (3) filing a certificate of delinquency for record in the County Recorder's office. in order to obtain a lien on certain property of the taxpaver; and (4) seizure and sale of personal property, improvements or possessory interests belonging or assessed to the assessee. Contra Costa County and its political subdivisions operate under the provisions of Sections 4701-4717 of the California Revenue and Taxation Code. Pursuant to those sections, the accounts of all political sub- divisions which levy taxes on the County tax rolls are credited with 100 percent of their respective tax levies regardless of actual pa)7nents and delinquencies.The County treasury's cash position (from taxes)is protected by a special fund (Tax Losses Reserve Fund) into which all countywide delinquent penalties are deposited. The County has used this method since fiscal year 1950-51. A five-year history of Contra Costa County tax levies,delinquencies and the Tax Losses Reserve Fund cash balances as of June 30 is shown below. During fiscal year 1980-81 the County reduced the Tax Losses Reserve Fund from $10.2 million to $7.2 million and credited the difference to the County General Fund as provided by Section 4703 of the Revenue and Taxation Code. Section 4703 allows any county to draw down the Tax Loss Reserve Fund to a balance equal to three percent of the total of all taxes and assessments ledied on the secured rolls for that year if the secured tax delinquency has been three percent or less for the preceding three consecutive years. After utilizing this procedure, if the County incurs a rate of secured tax delinquency that exceeds three percent of the total of all taxes and assessments levied on the secured rolls, the Tax Losses Reserve Fund must accumulate to a balance equal to five percent of the total of all taxes and assessments levied on the secured roll 1 94 for that year and remain at that level until the County has three consecutive varve {r 1.- . - . Total delinquent secured property tax charges in each year since fiscal year 1950-51 have been below 3.02 percent of that year's total secured property tax charges. For t'he past 30 fiscal years, the percentage has exceeded two percent only ten times. COUNTY OF CONTRA COSTA SUMMARY OF FULL CASH VALUE AND AD VALOREM PROPERTY TAXATION FISCAL YEARS 1976-77 THROUGH 1981-82 Secured Current Percentage Thes Full Property Levy Current Levy Reserve Fund Fiscal Cash Tax Delinquent Delinquent Balance Year Value,01 Levies June 30 June 30 June 10 1976-77 .................. S 12,790,73 8,664 $331,632,809 54,728.220 1.43% $10.073.672 1977-78 .................. 14,852,434,808 373,950,185 5.943,840 1.59 11,614,986 1978.79 ............... 16.316.826,916 196,482,131 3.501.345 1.78 10,132.029 1979-80 .................. 17,498,431.588 202,823.519 4,911,417 2.42 10,206.725 1980-81 .................. 18,892.593.032 237,6X96 7,195,889 3.02 7,213.929 1981-82 ................ 21,648.197,423 264.700,OW10,800,06P4.08(2) 8'.100,000(2) 1962-83 (Estimated) 23,813,000,000 T Amounts previously shown as assessed valuations are now shown as full cash value. See "Constitutional Limitations on Taxes and Appropriations." Beginning in fiscal year 1990-81, business inventories were excluded from the tax base, since the State increased the State property tax exemption for business inventories from 50 percent to M percent, State legislation, however, requires the State to reimburse local governments for revenue lost as a result of such exemption and varies the reimbursement in future years based on the Consumer Price Index and population changes. (2)Preliminary subject to change. Source: County Auditor—Controller. CONSTM"TIONAL Ln,17TATIONS ON TAXES XND APPROPRIATIONS The taxing powers Of California public agencies me Limited by Article X111A of the Caldomia Constitution, added by an initiative amendment approved by the voters on June 6. 1978, and commonly mown as Proposition 13. Article X111A Emits the MLrimum ad valorem = on rrW property to 1% of -Ml Cash value,. which � isAssessor's;fined as -the County Assessor'svaluation of real property as shown on the 197.4P76 tax bill under-`full Cash VRIUC* Or, tbCrCah=. the appraised value at real PrOpeMy when purchased, row- ly constiucuxl, or a ch=P in ownership. has OCC1=rd Xftirr the 1975 MS===L" The full cash value may bra &diuszed annually 90 m&= iltdstiOd at A rue 001 to ==cd 2% per year, or reduction in the consumer Pnce Lodcz Of cOMPLMWe local data, Or d=U=g property vabia c=zW = r by da , d=zru=M or ocher fact�7i�� California State Board Of Laqualization has adopted regulations, bimUcl on cuunty assessors, LtIterp'rettris the M=n n8 of -Change in W*McrShip- and -new conSEMC604' for purpose$ Of dCUTtainog full =Stl valet Of WOPCT!y under Article XULA. The validity of Article X1r1A as a whole has been Upheld 293imi challenge, but the Califortlia Supreme Court has 1eft for future decam many Other qu=xm reFrtlinz deWled interpreraton and Lmplezenmtlion Of Article XIUA. After the passage of Proposition 13, most counties, including Contra Costs County applied the two percent inflationary factor to full cash values for each commencing 11 with the 1975-1976 fiscal year. In August 1981, a California trial court held that such procedure (as implemented In that case by the Counties of San Mateo andgaixta Jr Clara, California) was not permitted under Article XIIIA. Rather, 'the two percent inflationary increase could only be applied to full cash values for the fiscal year 1978-1979 and subsequent fiscal years. The trial court decision is not binding on Contra Costa County. If, however, the principle of this decision were to become binding on the County, then the County would have to reduce cash values for inflationary adjustments previously taken, and refund the excess amounts of taxes paid. In the opinion of County officials it is not expected that any refunds would be made during the current fiscal year, if at all, and therefore the decision is not expected to have an adverse effect on the ability of the County to repay the Notes. Legislation enacted by the California legislature to implement Article XIIIA (Statutes of 1978. Chapter 292, as amended) provides that notwithstanding any other law, local agencies may not levy any property tax except to pay debt service on indebtedness approved by the voters prior to July 1, 1978, and that each county will levy the maximum tax permitted by Article XIIIA or 51.00 per $100 of full cash value. Subsequent legislation, Statutes of 1979. Chapter ''=82, as amended, enacted a new system for allocating property tax revenues among California local public entities. Under this law, cities and counties receive about one-third more of the property tan revenues collected instead of direct State aid School districts receive a correspondingly reduced amount of property taxes, but are compensated directly by the State and given additional relief. In addition, the law provides for the State to assume a greater share of health and welfare costs. Future assessed valuation growth allowed under Article XIIIA (new construction, change of ownership, 21M inflation) will be allocated on the basis of ''situs' among the jurisdictions that serve the tax rate area within which the growth occurs. Local agencies and schools will share the growth of "base" revenues from the tax rate area. Each year's growth allocation becomes part of each agency's allocation in the following year. The availability of revenues from growth in tax bases to such entities may be affected by the establishment of redevelopment agencies which, under certain circumstances, may be entitled to such revenues resulting from the upgrading of certain property values. Section t of Article XIIIA effectively prohibits the levying of any other ad valorem prpperty tax above the limits set in Section 1, even with the approval of the affected voters. At a special statewide election held on November 6. 1979, an initiative measure entitled "Limitation on Government Appropriations" was approved by the voters.The Initiative added provisions to the California Constitution which, among other things, limit the annual appropriations of State and local governmental entities to the amount of appropriations of the entity for the prior fiscal year, as adjusted for changes in the cost of living, changes in population and changes in services rendered by the entity. The County does not anticipate any difficulty in holding appropriations below the allowed limit for fiscal year 1981-8:, nix dors it expect that such appropriations limit will have an impact on the County's ability to repay the Notes. The appropriations limit of the State of California may at some time in the future impose a limitation on the amount of money which can be made available by the State to the County.The office of the California Legislative Analyst (the "Legislative Analyst") estimates that, based on the budget which the Governor of California has proposed, the State's appropriations subject to limitation for the 1982-83 fiscal year is approximately S 18,176,000,000 and that the State's appropriations limit for 1982-83 is approximately 519.899,WU.0l)U which is S1,723,0t10,(x)0 above the proposed amount of said appropriations. The Counry cannot predict with any certainty whether the State's appropriations limit will in the future impose a restric- tion an the State's ability to expend -proceeds of taxes." Relying on these definitions, the County has determined that its appropriations limit for 'proceeds of taxes" for the 1981-tS2 fiscal year is approximately S134�99,564- Pursuant.to the adopted 1981-82 fiscal year budget. appropriations subject to limit an S 11951492 whish would be substantially below the -appropriations limit for proceeds of takes for the year. 196 California law provides under certain circumstances for the operotion of a aviator mechanism (the —deyator") which, unless suspended by the legislature for a particular year, could cause a reduction in the amount of funds provided to localities by the State. No detlator is in cffcm for the 1981-82 fiscal Year. Lxgislatiun has been introduced which would su iprnd the operation of the deflator fur the 19112-63 tiscai year. However, it is not presently possible to know whether such legislation will be enacted, nor is it presently possible to determine whether the deflator would operate to reduce local assistance funds in that or any subsequent fiscal year. The Governor of California has proposed a budget for the State's 198=-83 fiscal year, which has been introduced before the legislature and is currently under consideration. At this time, it is not possible to predict the nature of the 1982-83 budget, not its effect on appropriations to the County. On lune B. 1982, the voters of Catiornia wilt vote on several initiative measures which, if enacted. may significantly reduce allocations of State revenues to local agencies. Two of the measures would repeal the California gift and inheritance tax taws, and would enact, in lieu thereof, a California death tax. The Legislative Analyst estimates that future reductions in State revenues resulting from the enactment of either of such measures could, approximate SL50 million for the 1982-83 fiscal year. A third initiative amasure would increase, for taxable years commencing on or after January 1, 1982, the amount by which income tax brackets will be adjusted annually in an effort to index such tax brackets to accouni for the effects of intlation. The legislative Analyst estimates that, if such measure were enacted, reductions is State revenues could approximate 5230 million for the 1982-83 fiscat year. Finally, the votes Will vote on an initiative measure which would exclude from the definition of "change in ownership' for purposes of the valuation of real property for taxation,the replacement of real propery taken through eminent domain proceedings. The Lcgtslative Analvst estimates that, if such measure were enacted, it would have a significant effeo~on property tax revenues.It is not presently possible to determine the overall impact of any of the above measures on future allocations of State revenues or property um revenues to the County or its ability to make rental payments to repay the principal of and interest on the Certificates. - 197 CCb-56 6-05-62 CERTIFICATE PURCHASE AGREEMENT RELATING TO $1,900,000 CERTIFICATES OF PARTICIPATION dated June 8, 1982 by and among BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (as purchaser) and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (as trustee) and CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 198 CERTIFICATE PURCHASE AGREEMENT (the "Purchase Agreement"), dated June 8, 1982, by and among Bank of America National Trust and Savings Association (as purchaser), Bank of America National Trust and Savings Association (the "Trustee"), a national banking association duly organized and existing under the laws of the United States of America, and Contra Costa County Public Facilities Corporation (the "Corporation"), a California nonprofit corporation, for the sale and delivery of $1,900,000 aggregate principal amount of Certificates of Participation (2425 Bisso Lane Office Building) (the "Certificates"), each evidencing a proportionate share of Base Rental Payments to be made by the County of Contra Costa (the "County"), a political subdivision of the State of California, under a Facility Lease/Purchase Agreement dated as of June 1, 1982 (the "Lease Purchase Agreement") with the Corporation. WHEREAS, pursuant to a Trust Agreement dated as of June 1, 1982 among the County, the Corporation and the Trustee (the "Trust Agreement"), and an Assignment Agreement dated as of June 1, 1982, between the Corporation and the Trustee (the "Assignment"), the Corporation has entered into arrangements for the acquisition from the County of an office building (the "Project") located at 2425 Bisso Lane, Concord, California; and WHEREAS, the County will lease and purchase the Project from the Corporation pursuant to the Lease Purchase Agreement; and WHEREAS, Base Rental Payments due under the Lease Purchase Agreement, and the rights of the Corporation thereto, have been assigned by the Corporation to the Trustee for the purpose of paying the Certificates; and WHEREAS, the Trustee has been directed to execute and deliver the Certificates to Bank of America National Trust and Savings Association (as purchaser) (herein called the "Underwriter") for offering to the public; NOW, THEREFORE, in consideration of the premises, the parties hereto do hereby agree as follows: Section 1. Obligation to Purchase. The Underwriter agrees to purchase and the Trustee agrees to 199 execute and deliver $1,900,000 aggregate principal amount of Certificates having the maturities and bearing interest at the rates set forth below: Maturity Date Principal Interest (July 1) Amount Rate 1983 $ 90,000 1984 125,000 1985 135,000 1986 155,000 1987 170,000 1988 195,000 1989 215,000 1990 240,000 1991 270,000 1992 305,000 The Underwriter shall not be under any obligation under this Certificate Purchase Agreement to purchase less than all of the $1,900,000 aggregate principal amount of Certificates. The obligation of the County to make Base Rental Payments, as set forth in the Lease Purchase Agreement, constitutes a current expense of the County, payable from funds of the County legally available therefor. Such obligation does not constitute a debt of the County or of the State of California within the meaning of any constitutional or statutory limitation and does not constitute a liability of or a lien or charge upon the funds or property of the State of California or of the County beyond the fiscal year for which the County has allocated funds to pay Base Rental Payments. Section 2. Purchase Price. The purchase price of the Certificates shall be per cent (_'/.) of the aggregate principal amount thereof, plus accrued interest to the date of delivery thereof. The good faith check in an amount of $20,000, which has been tendered herewith to the Corporation, shall be applied in partial payment of the purchase price. In the event that the Underwriter terminates this Agreement pursuant to Section 8 hereof, the Corporation shall return said good faith check to the Underwriter. Section 3. Delivery of and Payment for the Certificates. The delivery of the Certificates (the Closing") shall take place at 10:00 A.M. California time on June 24, 1982 at the offices of the Trustee, or at such other time and place as may be mutually agreeable to the County, 2 200 the Trustee, the Corporation and the Underwriter. At the Closing, the Trustee shall deliver the Certificates to the Underwriter in definitive form, duly executed, together with the other documents hereinafter mentioned, against delivery of immediately available funds to the order of the Trustee in the amount of $ , plus accrued interest. Section 4. The Certificates. The Certificates shall be delivered under the provisions of the Trust Agreement. The Certificates shall be in coupon form or in registered form (in such names and authorized denominations as the Underwriter may request no later than five days before the Closing) in denominations of Five Thousand Dollars ($5,000) or in authorized integral multiples thereof and shall be made available to the Underwriter for checking in San Francisco, California, at least one business day prior to the Closing. Section 5. Representations and Warranties of the Trustee. The Trustee represents and warrants to the Underwriter that: (1) The Trustee is a corporation duly organized and in good standing under the laws of the State of California and has all necessary power and authority to enter into and perform its duties under the Trust Agreement and this Certificate Purchase Agreement. (2) The Trustee is duly authorized to enter into the Trust Agreement and this Certificate Purchase Agreement and to deliver the Certificates to the Underwriters pursuant to the terms of the Trust Agreement and this Certificate Purchase Agreement. Section 6. Representations and Warranties of the Corporation. The Corporation represents and warrants to the Underwriter that: (1) The County is a political subdivision created and existing under and by virtue of the Constitution and laws of the State of California and has all necessary power and authority to enter into and perform its duties under the Lease Purchase Agreement and the Trust Agreement. (2) The Corporation is a nonprofit corporation incorporated under the nonprofit public benefit corporation law of the State of California, and has all necessary power and authority to enter into and perform its duties under the Lease Purchase Agreement, the Trust Agreement and this Certificate Purchase Agreement. 3 201 (3) The execution and delivery of this Certificate Purchase Agreement, the Lease Purchase Agreement and the Trust Agreement and compliance with the provisions thereof will not conflict with, or constitute a breach of or default under, the County's or Corporation' s duties under said documents or any law, administrative regulation, court decree, resolution, charter, bylaws or other agreement to which the County or Corporation is subject to or by which it is bound. Section 7. Condition Precedent to Closing. Execution and delivery of the following documents is a condition precedent to the Closing: (1) The Lease Purchase Agreement, Trust Agreement and Assignment in form and substance acceptable to Special Counsel and Counsel to the Trustee. (2) Opinion, dated the date of Closing, of Special Counsel, as to the due authorization and execution of the Lease Purchase Agreement, Trust Agreement and Assignment and as to the legal, valid and binding nature thereof and as to the enforceability thereof in accordance with their terms, subject as to the enforceability of remedies to any applicable bankruptcy, reorganization, insolvency, moratorium or other law affecting the enforcement of creditors' rights generally, and as to equitable principles if equitable remedies are sought. (3) A certificate of the County, dated the date of Closing, substantially to the effect that there is no action, suit or proceeding known to be pending or threatened, restraining or enjoining the execution or delivery of the Certificates, the Lease Purchase Agreement or the Trust Agreement or in any way contesting or affecting the validity of the Certificates, the Trust Agreement, the Lease Purchase Agreement or its assignment to the Trustee or any proceedings of the County taken with respect to the foregoing. (4) Such other certificates, instruments or opinions as Special Counsel may deem necessary or desirable to evidence the due authorization, execution and delivery of documents pertaining to this transaction and the legal, valid and binding nature thereof, as well as compliance of all parties with the terms and conditions hereof. Section S. Events Permitting the Underwriters to Terminate. The Underwriter may terminate its obligations to purchase the Certificates at any time before Closing if any of the following occurs: 4 202 (1) Any legislative, executive or regulatory action or any court decision, which, in the judgment of the Underwriter, casts sufficient doubt on the legality of or the tax-exempt status of interest on obligations such as the Certificates so as materially to impair the marketability or materially to reduce the market price of such obligations; (2) Any action by the Securities and Exchange Commission or a court which would require registration of the Certificates or any instrument securing the Certificates under the Securities Act of 1933, as amended, in connection with the public offering thereof, or qualification of the Trust Agreement under the Trust Indenture Act of 1939, as amended; (3) Any restriction on trading in securities, or any banking moratorium, or the inception or escalation of any war or major military hostilities which, in the judgment of the Underwriter, substantially impairs its ability to market the Certificates; or (4) Any event or condition which, in the judgment of the Underwriter, renders untrue or incorrect, in any material respect as of the time to which the same purports to relate, the information, including the financial statements, contained in the Official Statement prepared by the Underwriters in connection with the resale of the Certificates, or which requires that information not reflected in such Official Statement should be reflected therein in order to make the statements and information contained therein not misleading in any material respect as of such time. Section 9. Fees and Expenses. The Underwriter shall pay the costs and expenses incurred by it in connection with this financing, including advertising and selling expenses. All other costs in connection with the issuance of the Certificates, including the cost of printing or reproducing the Official Statement and the Certificates, the fees of the Trustee, rating agency fees, the fees and disbursements of Special Counsel and any other experts or consultants retained by the County, shall be paid from the proceeds of the Certificates. Section 10. Notices. Any notices to be given to the Trustee under this Certificate Purchase Agreement shall be given in writing to the Trustee at Bank of America National Trust and Savings Association, 555 California Street, San Francisco, California 94104, Attention: Corporate 5 203 Agency Division. Any notices to be given the Underwriter shall be given in writing to Bank of America National Trust and Savings Association at 555 California Street, San Francisco, California 94104, Attention: Bank Investment Securities Division. Any notices to be given the Corporation shall be given in writing to the Corporation, c/o the County of Contra Costa, County Administration Building, County of Contra Costa, 651 Pine Street, Martinez, California 94553, Attention: Clerk of the Board of Supervisors. Section 11. No Assignment. This Certificate Purchase Agreement has been made by the Trustee, the Corporation and the Underwriter, and their successors or assigns, and no person other than the foregoing shall acquire or have any right under or by virtue of this Certificate Purchase Agreement. All of the representations, warranties and agreements contained in this Certificate Purchase Agreement shall survive the delivery of and payment of the Certificates and any termination thereof. Section 12. Applicable Law. This Certificate Purchase Agreement shall be interpreted, governed and enforced in accordance with the laws of the State of California. Section 13. Severability. In the event any provision of this Certificate Purchase Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Purchaser By: Vice President 6 204 BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee By: Trust Officer (SEAL) ATTEST: Assistant Secretary CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION By: President (SEAL) ATTEST: Secretary 7 205 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, Schroder. NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Proposed Building, ) Electrical, Plumbing, and ) RESOLUTION NO. 82/661 Mechanical Permit Fee ) (Govt.C. 9§54990-54993) Increases ) The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board has been asked by the County's Director of Building Inspection to consider increasing the County's fee charges for building, electrical, plumbing, and mechanical permits as set forth on the attached document marked Exhibit "A". The Director proposes that these increased permit fees shall be required on and after July 1, 1982. NOTICE IS HEREBY GIVEN that at 10:30 a.m. on Tuesday, June 29, 1982, in the Chambers of the Board of Supervisors of Contra Costa County, 651 Pine Street, Martinez, California, this Board will hold a public meeting on the proposed fee increases. At said public meeting, the Board will hear and receive any oral or written presentations which the public desires to make, present or file. Data indicating the amount of the permit costs, or estimated costs, required to provide the building inspection services for which these fee charges are levied and the revenue sources anticipated to provide the services, including general fund revenues, shall be available to the public at least 10 days prior to the Board's meeting at the County's Building Inspection Department, 651 Pine Street, North Sing, Martinez, California. At least 14 days prior to the Board's meeting, the Clerk of this Board is directed to mail a copy of this resolution to any interested party who has filed a written request with the County for mailed notice of the meeting on new or increased fees or service charges pursuant to Government Code §54992. /t1teM!'attlr'tMtf MMft a tutantloa+�tetoa�'at ars SoLto MW tad tettrd on Mt mtnuttt of tnt aoard of gupnvtoont.on fht odt than ATTESTED: MINA- 1982 J.A.OLMN,COIWTY CLERK and K 001610 CWk 0I VW 80wd Diana M.Herman Orig. Dept.: Clerk of the Board cc: Building Industry Association Buildinq Inspection County Counsel County Administrator RESOLUTION NO. 82/661 206 ORDINANCE 110. (Certain Building Permit Fee Changes) 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 74-3.309 is amended, to increase building permit fees to read: 74-3.309 UBC Sec. 304, Fees. (a) Subsection (a) of UBC Section 304 is amended by changing Table 3-A to read: Table 3-A - Building Permit Fees Total Valuation Fees S1 to S500 S15.00 $501 to 52,000 $15 for the first S500, plus S1.50 for each additional 5100 or fraction thereof. 52,001 to S25,000 537.50 for the first S2,000, plus S6 for each additional thousand or fraction thereof. S25,001 to 550,000 5175.50 for the first $25,000, plus 54.50 for each additional thousand or fraction thereof S50,001 to 5100,000 $288 for the first S50,000, plus S3 for each additional thousand or fraction thereof. 5100,001 and up S438 for the first S100,000, plus 52.50 for each additional thousand or fraction thereof. 74-3.309 UBC Sec. 304, Fees. (e) added: California Energy Commission Requirements, Title 24. There will be a surcharge of 25`: on the Building Permit Fee and 250n on the Plan Check Fee to insure compliance with the California Energy Commission Requirements outlined in Title 24, Part 2 (CAC). 207 t x a:ata fur use with the foregoin7 schedule of fees shall - 0.t tab1c of average valuation per square foot: ZL;I.A: A:.L T'iFL ;`.'E. COST GCCUPANCY AND TYPE AVE. Cos: PER SQ.FT. FER SQ.FT. 1. APARTME.:T HOUSES: 10. OFFICES: ♦ PC. I Or 11 F. $;5.03 }�peTl-Or II F.H. $57.00 Tyj:,_• :` za sorry Type III - 1 hr. 41.00 ftr Type III). 34.00 'type III - N 39.00 Tyrc V wood fre-e 30.63 Type V - 1 hr. 35.00 base:74nt ,arae 19.00 Type V - 32.00 11. PRIVATE: GAP_-%GES 6 .;'r I or II F.R. 75.00 STORAGC SHEDS: hr. 62.00 Wood fra.ae 8.00 ate III :. 60.00 Masonry 13.00 ,re V - 1 hr. 52.00 12. PUBLIC GP.R,AGr-. Type V - ri 50.00 Type I Or :1 F.R. 26.00 CHl:PS; Type III - 1 h: 20.00 Ty`e = yr II F.R. 50.09 Type II - I. 17.CO Z*Lc III - 1 hr. 49.00 Type III - 17.00 }e III 38.00 Type_V - 1 hr. 17.00 :ypc V - 1 hr. 35.00 13. RESTAURANTS: :spe V - 34.00 Type III - L hr. 52.00 4. CONVALESCENT 10SFITALS; Type III - I? 48.00 .ype I or II F.R. 69.00 Type V - I hr. 45.00 Type III - 1 hr. 56.00 Type V - II 42.00 }re V - 1 hr. 48.00 14. STORES: 5. D::ELL-,;GS: pe I or F.R. 41.00 +,`t"-eT-n..':sc:r; 34.G0 Type III - 1 hr. 32.00 .y;e V .ocd franc 3.1.00 Type III - N 38.00 Base^cats 5.50 Type V - hr. 28.00 f. `'SFITALS: Type V - 5 26.03 y-p-e Or II F.R. 85.00 15. SCHOOLS: Type III - 1 hr. 75.00 Type I or II F.R. 64.OJ Type V - 1 hr. 69.00 Type III - 1 hr. 45.00 7. HOTELS AND MOTELS; Type III - N 43.00 Type I or 11 51.00 Type V - 1 hr. 40.00 Type I1I - 2 hr. 43.00 16. SERVICE STA.:O:.S: Type III - 42.00 Type 11 - ti 36.00 Type V - I hr. 39.00 Type III - 1 hr. 42.00 Type V - 37.00 Type V - i hr. 26.00 S. INDUSTRIAL PLANTS: Canopies 13.00 Type I or 11F.R. 31.00 17. THEATERS: Type III - 1 hr. 25.00 pe or II F.R. 58.00 Type III - N 20.00 Type III - 1 hr. 43.00 Type II-1 hr. or stcck 18.00 Type III - N 41.00 Tilt-up 15.00 Type V 1 hr. 39.00 Type IV 13.00 Type V N 37.00 Type V - 1 hr. 19.00 18. WAREHOUSES: Type V - N 18.00 Type I or II F.R. 26.00 9. MEDICAL OFFICES: Type II or V-1 hr 17.00 'FYpe I or Il .R. 64.00 Type II or V - N 15.00 Type III - 1 hr. 51.00 Type III-1 hr. 19.00 Type III - I. 49.00 Type III - N 17.00 Type V - 1 hr. 47.00 19. CARPORTS 6 PATIO Type V - N 45.00 STRUCTURES: 5.50 20. LATH STRUCTURES b DECKS 3.00 21. swimING POOL - Community 86.00 Private 62.00 22. CHANGE OF OCCUPANCY 15.00 23. DEMOLITION 15.00 24. SPRINKLER SYSTEMS 1.00 25. SPECIAL INSPECTION (per span hr. spent in inspection) 30.00 26. I17VTSTIGATION WITH REPORTS 60.00' 208 Section 72-6.004 is changed to read as follows: 72-6.004. Fees. Fees for electrical, plumbing, heating and ventilating (mechanical) permits are due and shall be paid before any such work is started and before the permit, therefore, is issued. CHAPTER 76-10 FEES (is changed to read as follows) 76-10.202. Fees Required. No permit for electrical work is valid unless the fee(s), therefore, has been paid or prcvided fAr as required in this division. Fees are due, and shall be paid or provided for by the applicant before any electrical work (requiring a permit hereunder) is started and the permit, therefore, issued. 76-10.204. Cash Payment. He shall pay the amount indicated in Article 7G-10.4 for each pernit when issued. 76-10.206. Delete 76-10.203. Delete 76-10.210. Minimum Fee. The minimum fee, unless otherwise indicated, is Twenty-five Dollars. 525.00 76-10.212. Delete 76-10.214. Uncompleted Work. If electrical wort: is left incomplete, the person completing the work shall obtain a neer permit. 76-10.402. New Dwellings. Each electrical permit for a new one or two- family dwelling unit or a multi-family dwelling unit, not including provisions listed in Section 76-10.416, the permit fee is a Ten Dollar Filing Fee, plus Two Dollars per one hundred square feet or fraction, thereof, including carports or garages. 209 76-10.404. Swimming Pools. The fees (including the Filing Fee of Ten Dollars) for swimming pools, (but excluding installation of yard lighting or change of electrical service) are Twelve Dollars for the electrical grounding, bonding, and connection of underwater lighting units 512.00 and a Thirteen Dollar Unit Fee for electrical wiring connections of underwater lighting units, motors, panels branch and feeder circuits connected to an existing wiring system. 513.00 76-10.406. Storable S+:imming Pools, Hot Tubs and Decorative Fountains. The fee (including the Ten Dollar Filing Fee, but excluding installation of yeardlighting or change of electrical service) is an Eighteen Dollar Unit Fee for electrical connections of motors, panels, branch and feeder circuits connected to an existing wiring system for above and below grade storable swimming pools, therapeutic hot tubs, decorative fountains, construction of wood, plastic, fiberglass, metal or similar materials. 518.00 76-10.408. Electric Power Distribution (Poles). (a) Construction Power (Poles). Served either underground or overhead for electric service power use. The fee for electric power distribution for construction, sites of buildings, structure, or facilities and for use on construction sites only, is a Unit Fee (including the Filing Fee of Ten Dollars ) as follows- 0-200 Ampere Electric Service 515.00 Over 201 Ampere Electric Service. $25.00 Additional Sub-feeders and Distribution Power Panels, each 510.00 (b) Permanent Power (Poles). To power equipment as specified by the owner and approved for the specified use. Permanent power pole services are classed as other permanent services under Section 76-10.603. (See 76-10.424 Open Air Sales Lots). Z 210 ,v-IV.-I Ii'. nC�)LL)It: 3ery ILL. ine Tee Tor a permit to restore electric utility service (shut-off because of vacancy, fire or official act) is a Unit Fee of Fifteen Dollars (including electrical , heating and plumbing inspections and minor repairs, but excluding fees for required major corrections per Sections 76-10.603 and 76-10.604 .$15.00 76-10.412. Air Conditioninq. The fee (including the Ten Dollar Filing Fee) for the electrical and mechanical inspections for an addition of a central A/C cooling and/or heating system, to an existing dwelling is a Unit Fee of Twenty-five Dollars for each dwelling unit, connected to an existing electrical system, including a change of the electrical service 525.00 76-10-414. Investigation With Report. Every investigation requiring a report is chargeable at a Unit Fee of Sixty Dollars S60.00 76-10.416. Low Voltage, Protective, Security, Signal , Communication Circuits and TV Systems. The Unit Fee for a permit for proprietary remote control signalling, power limited, fire protection system, TV system, security system, communication and sound circuits including circuits less than fifty volts installed in commercial, industrial locations or multi-family dwelling units including Filing Fee $25.00 76-10.41°. Mobilehome and Trailer Parks. The fee for a permit for installation of electrical power and/or lighting system construction, remodeling, maintenance, repair or other activities shall be as scheduled in California Administrative Code (CAC) Title 25, Chapter 5. Items not included in the CAC schedule shall be as required in Articles 76-10.4 and 76-10.6. 76-10.420. Solar Heating and/or Cooling System Installation. The Unit Fee for one and two-family dwelling units (including the Ten Dollar Filing Fee and change of electrical service) for the electrical and mechanical inspections required are TOenty-five Dollars for each dwelling $25.00 76-10.422. Dwelling Unit Landscape Lawn Watering Systems. The Unit Fee (including the Ten Dollar Filing Fee) for the electrical and plumbing inspections of a lawn sprinkler system for a detached one or two-family dwelling (duplex) is a Unit Fee for each dwelling unit of Twenty Dollars with electrical circuits connected to an existing system. 520.00 It 211 5 76-10.424. Open Air Sales Lots and Decorative Lighting. Installation of electrical wiring required for electric service equipment, festoon and flood- lighting outlets, switches, photocell control , timeclocks, receptacles, branch circuits, etc., for temporary open air sales lots and/or decorative lighting is a Unit Fee of Twenty-five Dollars (including the Ten Dollar Filing Fee). Electric power for such uses shall be for a period not to exceed ninety days. $25.00 76-10.426. Electric Siqns and Outline Lighting. Inspection of electric wiring and equipment associated with illuminated advertising or identification signs and outline lighting located at one address or sub-divided space for the same tenant or owner shall be a Unit Fee of Twenty Dollars (including the Ten Dollar Filing Fee) for the first illuminated sign. S20.00 and Five Dollars for each additional illuminated sign S5.00 76-10.428. Addition and Alteration to Dwelling Unit. The fee (including the Ten Dollar Filing Fee) for electrical inspection in conjunction with a building permit for an addition to an existing dwelling unit is a Unit Fee of Twenty Dollars for the first 600 square feet (a) Up to 600 Square Feet $20.00 (b) Each 100 Square Fee, or fraction thereof is an additional 2.00 76-10.430. Swimming Pool Continuity and Ground FAult Interrupter Testing shall be a Fee of S60.00 Each retesting 530.00 76-10.432. Corston Landscape Lawn Watering System, Multi-family, Commercial, Industrial , including service change on one water meter $35.00 Article 76-10.6 Fee Schedule 76-10.602. General. In addition to the special fees, penalties provided for in this division, the following fees shall be charged and paid for indicated electrical work. G� 212 76-10.603. Miscellaneous Permit Fee. Any permit for miscellaneous electrical work not in conjunction with a building permit, and not itemized above, shall be a Fee (including Filing Fee) of $25.00 76-10.604. Commercial or Industrial. Fees for commercial or industrial work (including retail stores, offices, motels, mobile trailers, boat harbors, boat docks and marinas) are as follows: (a) Every permit requires a Filing Fee of Ten Dollars S10.00 (b) Electrical permit in conjunction with a building permit (excluding food markets) shall be a fee based on 20% of the Building Permit Fee, plus Filing Fee. The minimum fee (including Filing Fee) shall be $25.00 (c) Electric permits issued in conjunction with a building permit for the shell : 1) including system grounding but without partitions feeder conductors and distributing equipment shall be a minimum fee (including Filing Fee) of S25.00 2) With service equipment and distributing system shall be a fee based on 20, of Building Permit Fee, plus Filing Fee. (d) Food Market Type V-N shall be a fee based on 35 of Building Permit Fee, plus Filing Fee. (e) Food Market. All other shall be a fee based on 65"; of Building Permit Fee, plus Filing Fee. Article 78-1.7 is changed as follows: 78-1.701. Permit is Invalid if Fee Unpaid, Ho permit is valid for which any required fee or penalty is unpaid or in default. 78-1.705. Pay Fee. Applicant and permittee shall pay fee pursuant to Section 72-6.004. 78-1.707. Refunds. Unused Permits. Refunds for unused or voided permits are governed by Section 72-6.012(b). 7 213 78-1.708. Unit Fees. (a) Unit fees shall be as provided in this section. (b) New Residences. Every permit for new residential construction requires a Unit Fee payable in advance, computed at Two Dollars per one hundred square feet or fraction thereof, plus a Ten Dollar Filing Fee. (c) Restore Service. The fee for a permit to restore gas utility service (shut off because of vacancy, fire or official act) is a Unit Fee of Fifteen Dollars (including electrical), heating and plumbing inspection and minor repairs, but exciudinn fees for required major corrections. S15.00 (d) Swimming Pools, Storable Swimming Pools, Hot Tubs and Decorative Fountains. The fee for swimminn pools, storable swimming pools, hot tubs and decorative fountains is a Unit Fee of Eighteen Dollars, including Filing Fee S18.00 The fee for a commercial pools is Twenty-three Dollars S23.00 (e) Emergency fuel gas repair requires a Unit Fee of Fifteen Dollars which includes a Filing Fee 515.00 (f) Conversion to or from propane to natural gas is a Unit Fee of Fifteen Dollars which includes a Filinn Fee S15.00 (g) Investigation with Report. Every investigation requiring a report is chargeable as a Unit Fee of Sixty Dollars S60.00 (h) Solar Heating and Cooling System Installations. The Unit Fee for one and two-family dwelling units (including the Ten Dollar Filing Fee and change of service) for electrical and plumbing inspections required is Twenty-five Dollars for each dwelling. S25.00 (i) Dwelling Unit Landscape Lawn Watering Systems. The Unit Fee (including the Ten Dollar Filing Fee) for the electrical and plumbino inspections of a lawn sprinkler system for a detached one or two-family dwelling (duplex) is a Unit Fee for each dwelling unit of Twenty Dollars with electrical circuits connected to an existing system $20.00 214 (j) Addition and Alteration to Dwelling Units. The fee (including the Ten Dollar Filing Fee) for plumbing inspection in conjunction with a building permit for an addition or alteration to an existing dwelling unit is a Unit Fee of Fifteen Dollars for the first 600 square feet, and as follows: 1) Up to 600 square feet $15.00 2) Each 100 square feet or fraction thereof is an additional $2.00 78-1.709. Miscellaneous Permit Fee. (a) Every permit requiring a Filing Fee of S10.00 and except as provided in Section 78-1.708, the minimum fee for miscellaneous permit, not in conjunction with a building permit shall be: 1) Commercial application $20.00 2) Residential 515.00 78-1.710. Non-residential Fee Schedule. (a) Plumbing permit in conjunction with building permit shall be a fee based on 8", of the Building Permit Fee, plus Filing Fee. The minimum fee (including Filing Fee) shall be $25.00 (b) Plumbing permits in conjunction with a building permit for the shell: 1) Ilithout partitions or individual fixtures roughed in shall be minimum fee of $25.00 2) With fixtures roughed in shall be 2" of the Building Permit Fee. c) Food Markets shall be a fee based on 10" of Building Permit Fee, plus Filing Fee. The minimum fee (including Filing Fee) shall be $25.00 78-1.711. Special Inspection. Special inspection shall be a fee of Thirty Dollars per man hour spend on investigation, minimum of 1 hour $30.00 75-1.713. Commercial Landscape, Lawn Watering System. Permits for commercial, industrial, nulti-family, parkway, golf course, etc., including change of service on one water meter shall be a fee of 535.00 '�7 1215 DA! Article 710-1.3 is changed as follows: 710-1.301. Permit Invalid if Fee Unpaid. No permit is valid for which any required fee or penalty is unpaid or in default. 710-1.305. Pay Fee. Applicants and permittees shall pay fee pursuant to Section 72-6.004. 710-1.307. Refunds. Invalid Permits. Refunds for unused or voided permits are governed by Section 72-6.012(b). 710-1.308. Unit Fee. (a) New Residences. Every permit for new residential construction requires a Unit Fee payable in advance computed at One Dollar and Fifty Cents per one hundred square feet or fraction thereof, plus a Ten Dollar Filing Fee. (b) Restore Service. The fee for a permit to restore gas utility service (shut off because of vacancy, fire or official act) is a Unit Fee of Fifteen Dollars (including electrical, heating and plumbing inspections and minor repairs, but excluding fee for required major corrections). S15.00 (c) Fireplace. The Unit Fee for installation of a factory-built fireplace in an existing building is Fifteen Dollars (including the Filing Fee). $15.00 (d) Swimming Pools, Storable Swimming Pools, Hot Tubs and Decorative Fountains. The fee for swimming pools, storable swimming pools, hot tubs and decorative fountains is a Unit Fee of Thirteen Dollars (including Filing Fee) $13.00 The fee for a commercial pool is Eighteen Dollars $18.00 (e) Air Conditioning. The fee (including the Ten Dollar Filing Fee) for the electrical and mechanical inspections for an addition of a central A/C cooling and/or heating system, to an existing dwelling is a Unit Fee of Twenty-five Dollars for each dwelling unit, connected to an existing electrical system, including a change of the electrical service. $25.00 (f) Emergency fuel gas repair requires a Unit Fee of Fifteen Dollars (including Filing Fee) S15.00 ��' 216 (g) Conversion to or from propane to natural gas is a Unit Fee of Fifteen Dollars (including Filing Fee) $15.00 (h) Investigation with Report. Every investigation requiring a report is chargeable as a Fee of Sixty Dollars $60.00 (i) Addition and Alteration to Dwelling Units. The Fee (including the Ten Dollar Filing Fee) for mechanical inspection in conjunction with a building permit for an addition or alteration to an existing dwelling unit is a Unit Fee of Fifteen Dollars for the first 600 square feet. 1) Up to 600 square feet $15.00 2) Each 100 Square feet or fraction thereof is an additional $1.50 (j) Solar Ileating. The Unit Fee for one-family and two-family dwelling units (including the Ten Dollar Filing Fee and Channe of Service)for electrical and plumbing inspections required is Twenty-five Dollars for each dwelling S25.00 710-1.309. Deleted. 710.1.311 .tiiscellaneous Fee Schedule. (a) Filing Fee. Every permit requires a Filing Fee of Ten Dollars $10.00 (b) Every miscellaneous permit not in conjunction with a building permit or itemized above shall be: 1) Commercial Application (including Filing Fee) $20.00 2) Residential (including Filing Fee) S15.00 (c) Special Inspection , per hour, minimum 1 hour 530.00 710-1.313. tion-residential Fee Schedule. (a) Mechanical Permit in conjunction with a building permit shall be a fee based on 7a of the Building Permit Fee, plus Filing Fee. The minimum Fee (including Filing Fee) shall be $25.00 (b) Mechanical Permit in conjunction with a building permit for the building shell: 1) Without mechanical equipment shall be minimum fee of $25.00 2) With equipment set, 2`1 of Building Permit Fee, plus Filing Fee. ri 217 (c) Food Market shall be a fee based on 2% of Building Permit Fee, plus Filing Fee. The minimum fee (including Filing Fee) shall be . • 525.00 218 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: supervisors Powers,Fanden, Schroder, Torlakson and Mcpeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Sanitation District No. 15 Resolution No. 82/662 Adopting Sewer Service Charges for the Fiscal Year 1982-1983 WHEREAS, this Board, as the ex officio Board of Directors of Contra Costa County Sanitation District No. 15, on May 25, 1982, having fixed this date for hearing on sewer service charges for the Fiscal Year 1982-1983, and having introduced a resolution establishing schedule of sewer service charges; WHEREAS, the Clerk of the Board caused notice of said hearing, setting forth the schedule of sewer service charges; WHEREAS, Sections 12.5 and 12.6 of District Ordinance No. 1 adopted by the Board of Supervisors on November 20, 1979, do require that sewer service charges be established annually by order or resolution and that said charges be collected on the tax roll; WHEREAS, this Board, also on May 25, 1982, having fixed July 13, 1982 at 10:30 a.m. for hearing to consider collecting the District's annual sewer service charge on the tax roll; WHEREAS, this Board having heard, and having received no objections or protests to said sewer service charges needed to meet the obligations to be incurred in conjunction with the District's Sewer Revenue bonds of 1982 and to meet other costs and expenses of the District, including its operation and maintenance expenses for sewage collection and treatment; WHEREAS, Supervisor Torlakson, having noted that homeowners in the District will be required to pay approximately $600 in sewer charges taxes and assessments, recommended that District staff vigorously pursue the reduction of leaks into the sewer pipes, thereby increasing sewer capacity for new developments which will provide added revenue to the District to partially offset the high sewer charges: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors that 1982-1983 Annual Sewer Service charges are hereby established for the Fiscal Year 1982-1983, effective July 1, 1982, for all premises subject to the sewer service charge, and are hereby fixed at the following rates, which charges are intended to be collected on the tax roll of the County of Contra Costa in the manner provided by law: SCHEDULE OF CHARGES A. Unit Charge: Zone 4 - For all parcels of land within the District boundaries receiving sewerage service. Annual sewerage service charge $410.00 B. Other than single-family dwelling units, charges shall be established on the basis of burden on sewage treatment facilities and in accordance with the District Ordinance and as determined by the Engineer ex officio of the 219 Resolution No. 82/662 District. BE IT FURTHER RESOLVED that the recommendation of Supervisor Torlakson is approved; BE IT FURTHER RESOLVED that this resolution shall become effective upon adoption. I heraby Gamily that this Is a true and cofraot copy or all 4161110))like.1 and enfor80 on the minut9s of tho BOOM of Supoivkort On the Cate shOron. r _ ATTESTED- JAR :TESTES:r. t. Orig. Dept. Public Works (EC) and ex olfiv:j Clotk of the Board cc: PWD, Accounting Administrator County Counsel BY Gt V wy Auditor-Controller (/ Treasurer' Stone & Youngberg Wilson, Morton, Assaf & McElligott Resosd15.t6 220 Resolution No. 82/662 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 8, 1982 Adopted this Order on by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Contra Costa County Resolution No: 82/663 Sanitation District No. 15 Sewer Revenue Bonds of 1982, Series A, $1,895,000, Awarding Sale of Bonds RESOLVED, by the Board of Supervisors of Contra Costa County, Martinez, California, as ex officio Board of Directors of Contra Costa County Sanitation District No. 15, as follows: WHEREAS, pursuant to this Board's Resolution No. 82/557 calling for bids on the sale of $1,895,000 Contra Costa County Sanitation District No. 15 Sewer Revenue Bonds of 1982, Series A, notice of said sale has been duly given; and WHEREAS, at the time and place fixed for receiving bids for the purchase of said bonds, said bids were received and publicly opened, examined and declared; NOW THEREFORE, BE IT RESOLVED: 1. That all written bids received for the purchase of said bonds, excepting the bid herein stated, are hereby rejected, and that said bonds are hereby ordered sold to M Stern t, rn T Tnc as the highest responsible bidder, therefore:said sale to be subject to all of the terms and conditions set forth in the Notice of Sale of said bonds and in said accepted bid. 2. That the Clerk of the Board be, and is hereby , directed to cause said bonds to be printed forthwith, and that the same be immediately signed, sealed and delivered to said bidder on receipt of the amount therefor, and upon the performance of the conditions contained in said accepted bid. 3. That the interest rate of said bonds be, and the same is hereby fixed at the rate stated in said bid. !heteDy oard7y thet this JS a,rue and ceracteaey et an sotion tekca Ord antared on tlsr minutes a:t. Board of Super.•iaors on ttw dote sno n. ATTESTED: L J.R.DES:: ••., COUF17Y CLE=RK and ex oi6clo Clark of,h5 Soa:d 1 ,1 ` v �Dopu'y Orig. Dept.: Public Works (EC) BY J cc: County Administrator County Counsel Public Works, Accounting Auditor-Controller Treasurer Wilson, Morton, Assaf and McElligott Stone & Youngberg SymResol.t5 RESQLUTION NO. 82/663 221 RESOLUTION NO. 82/664 RESOLUTION ACCEPTING PETITION ASSESSMENT DISTRICT NO. 1982-2, SAN PABLO CREEK IMPROVEMENTS The Board of Supervisors of the County of Contra Costa :. resolves: Certain owners of real property have filed with the Clerk of this body a petition, signed by them, requesting the public improvements described in the petition, the cost to be specially assessed against land benefiting from the improvements. The petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804 of the Streets and Highways Code. The Board of Supervisors finds that all of the owners of more than sixty percent (608) in area of the land subject to assessment for the proposed improvements have signed the petition. Accordingly, the Board of Supervisors accepts the petition and directs that special assessment proceedings shall be undertaken by the terms of the petition, and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. This action is final within the meaning of Section 3012 of the Streets and Highways Code. RESOLUTION NO. 82/664 < < 222 I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 8th day of June, 1982. ATTEST: JAMES R. OLSSON, Clerk By -2- RESOLUTION NO. 82/664 ` � 223 RESOLUTION NO. 82/665 RESOLUTION APPROVING BOUNDARY MAP ASSESSMENT DISTRICT NO. 1982-2, SAN PABLO CREEK IMPROVEMENTS The Board of Supervisors of the County of Contra Costa resolves: A map entitled "Proposed Boundaries of Assessment District No. 1982-2, San Pablo Creek Improvements, Contra Costa County, California," has been filed with the County Clerk. This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Assessment District No. 1982-2, San Pablo Creek Improvements, Contra Costa County, California. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Board directs the County Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment Districts. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 8th day of June, 1982. ATTEST: JAMES R. OLSSON, Clerk By RESOLUTION NO. 82/665 224 RESOLUTION NO. 82/666 RESOLUTION REQUESTING JURISDICTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND ASSESSMENT DISTRICT NO. 1982-2, SAN PABLO CREEK IMPROVEMENTS The Board of Supervisors of the County of Contra Costa resolves: The Board of Supervisors proposes to adopt a Resolution of Intention, a copy of which is annexed hereto, marked Exhibit A, and by reference incorporated herein as though fully set forth. The property proposed to be assessed lies within the incorporated territory of the City of Richmond. The area of the City or Richmond which lies within the proposed assessment district will, in the opinion of the Board of Supervisors of the County of Contra Costa, be benefited by the improvements referred to in the proposed Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The Resolution of Intention, attached as Exhibit A, is hereby adopted as the proposed Resolution of Intention for the improvement referred to. The consent of the City of Richmond, through its City Council, is hereby requested to the formation of the district described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by this Board of Supervisors for all purposes in connection with the formation of this assessment district, the improvements to be made and the assessment of property within the boundaries of the proposed district. RESOLUTION NO. 82/666 1 225 The County Clerk is hereby directed to transmit a certified copy of this resolution with the proposed Resolution of Intention attached, and a certified copy of the map showing the boundaries of the district, to the City Clerk of the City of Richmond. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 8th day of June, 1982. ATTEST: JAMES R. OLSSON, Clerk BY�r1.�d RESOLUTION NO. 82/666 r� -2- t 226 RESOLUTION NO. RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN ASSESSMENT DISTRICT NO. 1982-2, SAN PABLO CREEK IMPROVEMENTS She Board of Supervisors of the County of Contra Costa resolves: This Board intends to order the following improvement under the authority of. the Municipal Improvement Act of 1913: Funding of the local share of the non-federal costs for the Phase I San Pablo Creek Improvements which extend from Giant Highway westerly to San Pablo Bay Marsh. The proposed improvements will consist of approximately 3,500 linear feet of concrete rectangular channel lining and 4,500 linear feet of earth trapezoidal channel and incidental items of work. The local share of the non-federal cost will include construction, relocation of utilities, purchase of project rights of way, engineering and administration costs and Assessment District proceeding costs. This Board finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, Proposed Boundaries of Assessment District No. 1982-2, San Pablo Creek Improvements, Contra Costa County, California. This map has been approved by the Board of Supervisors and is now on file with the County Clerk. The land within the exterior boundaries shown on the map shall be designated Assessment District No. 1982-2, San Pablo Creek Improvements, Contra Costa County, California. This Board intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States, the State of California, the City of Richmond and this County now in use in the performance of a public function. EXHIBIT A 227 Where any disparity occurs in level or size between the improvement and private property, this Board determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. This Board intends to enter into an agreement with Pacific Gas and Electric Company, Pacific Telephone and Telegraph Company and West Contra Costa Sanitary District under the provisions of Section 10110 of the Streets and Highways Code, inasmuch as certain facilities included in the improvement are to be under its ownership, management and control. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code) , and the last installment of the bonds shall mature fourteen years from the second day of July next succeeding ten (10) months from their date. This Board finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800, Streets and Highways Code) does not apply to these proceedings. This Board appoints Leptien-Cronin-Cooper, Inc., as Engineer of Work for this project, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. In the opinion of this Board, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 10502.2 of the Streets and Highways Code. -2- 228 The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be transferred to the general fund if the surplus does not exceed the lesser of one thousand dollars ($1000) or five percent (5$) of the total amount expended from the fund. otherwise the entire surplus shall be applied as a credit on the assessment as provided in Section 10427.1 of the Streets and Highways Code. 229 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOIMIA Adopted this Order on Jun& R. 198 1 by the followinu visla AYES: supervisors Powers, Fandau, Schroder NOES: none ASSENT: Supervisors Torlakson. McP*&k ABSTAIN. Vona SUBJECT: L7: :n the . er of Vie Cancellation of Tax Liens On and Transfer to Unsecured I121SOLM0.1; Va. Roll of Property Acquired by Public -envies. �-(Rev. Tax C. , and 2921.5) "w'ditorts Nemo. Paranant to Revenue and Taxation Code h936(a)(6) and 21021.5, I rvcmmm-n,I cancellation of a Portion of the follwing tax lions uld the tromsfr%r to 14to imsec-arod roll of the remainder of taxes verified nnd tmxo; prornt,,J DC LD L. F-CV01=1, I Co It --3-41.or 'cntroller J1.1% MAUSE*: All V * -;; * * * * * * * * * * * * 11 * * * * * t * ;' * * is 4; The Contra Costa County Board of Supervisors X'.=Li^-*s TI: to the above authority and reco-mandation, the County Anditor Shall calleal portion of these tax liens and transfer the remaininZ t-,.Ps to thr-M1 -82 1980-55-1 unsecure6 rolls &1-976'--79 Tax Date of "ranufer 7.ate Parcel Acquiring :.Vocation Annunt to tnNop 1.1 1-- ..rca :amber Arency of t.-mcs Unsocurod -Ca4l 126400-007-4 CITY OF CO"CORD 7-1-81 to (P--) 3-25-82 $ 67.92 15h.20 201L, 126-400-007-4 MT OF C01100m, 7-1-80 to (:,or) 6-30-80 91.10 r_ ' -0- `7 M1,00*0 7-1-78 to i26-L -ools-i GCT (;nor) 6--30-79 113-84 -0- I h'9mbjVco1Vfy?h1l tills is a trutem-correateopyof -1)fm on time r^ -of the an action tok dj�;i[,,rc lifacdor 8jard of 6oArvf-qor4 0;.tha Zeft 'cr r. JUN 8 1982 4 D: a ana w,oi*ii,-:'0-'3,71 01 Orig.Dept Deputy cc: Lou nty .editor 1 Count,." t= Coilc. .or �V.zrzurcd) 230 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CAIIFOIINIA Adopted this Order on -*+•^o r 1 491 ,by the lollowinu voto AYES: Supervisar$ Powers, Fanden, Schroder NOES: none ABSENT: supervisors Torlakson, ScPsak ABSTAIN: none SUBJECT: int ::atter of the Cancellation of ) :ax Liens On and Transfer to Unsecured ) R::SOLUTIO:+ I:0. 82/668 roll of Property Acquired by public ) 34cncias. ) (Rev. Z- Tax C. It^!t:• and 921.5) Auditors lkmo: r`u suant to Revenue and Taxation Code 4986(a)(6) and 2921.5, I reannm-ral eaacella:.ion of a portion of the follotring tax liens and tho transfer to tim rn secured roll of the ror..ainder of taxes verified and taxos rroratr•d ace•+r.l}1t;;1r. D7:�!Z L. BCUMHET, I. . .sent sdito:Centroiler : li Ci ,U"' C t � •..,nmol By- 'Teputy to it _ t! ie it ii it * * A * # # *# * # * ## # #i'r # # # t! is :k # The Contra Costa Count}Tion.-d of Supervisors R�',.L:%3 TFAT: Pur:uant. to the above authority and rcaomendation, the County Auditor Shalt canael e portion of these tax liens and transfer the renainin,: taxes to the 3978- 79 unsecured roll. -� Tart Date of T-.-----.:;for :ir•m=1n1+, :'.ate i'arcel :requiring laloeation :u..;:nt to taxa-- t.•• I- frea :unher !Agency of taxes Uttsrcurnd r:mt••011...1 2002 113-151-0L-7 IST DL311Lo HOSPITAL 7-1-78 to DISTRICT (all) 6-30-79 $ 1,921.76 $ 326.48 2002 112-1;1-012-5 I•IT DIABLO HOSPITAL 7-1-78 to DISTRICT (all) 6-30-79 901.12 144.22 i')02 112-151-013-3 3� DT_zuIlJ HOSPITAL 7-1-78 to DISTRICT (all) 6-30-79 1,248.83 202.38 1h@rAbyadrtiFyMS?NTl3iSBtstMLMdNrreataapyat. an action tat oa and Wsrz:••rrt tha rhtnutes of the Board or 3t+y rvtaa,�cs the date-+!om ATTESTPM_...._ $1982 ..._�- and cx 0,!,c:o G._P ,.•:,a Board n Orig.Dept.: :uditar-Controller ey C(`' DsAtNjr cc: Count auditor 1 Cm-its tea :.t•11e t.ar 2 82/668 R".OLUTI::: II.'. 231 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOIINIA Adopted this Order on Juno A. 19A2 ,by the following vain AYES: supervisors rowers, Fabden. Schroder NOES: none ABSENT: Supervisors Torloknon, Mopeak ABSTAIN: none SUBJECT: In the -atter o: the Cancellation of ) Tz: Liens On and Transfer to unsecured ) R-:OLUT104 IIO. 82/669 . Roll o: Property- Acquired by public ) Agencies. ) (Rev. F: Tax C. ltslif. (�)(r•} and 921.5) luditorls enc• IAL s::ant to revenue and Taxation Code h986(a)(6) and 2921.5, I rnoAmmair1 cancellation of a portion of the follo::•ing tax liens and tlm transrrr to ti- -unsecured roll of the romainder of taxes verified and Imes p.-orat..•d aernr"itni?1r. D=ALD L. MMHET, I Wsrnt uiito:Centroller J I: D. Com �'.•unerl 3412,b4' Deputy- I/11 fit s :. _ : ii ie i.• u i• { i} It It it # iF iF # # # ## iF iF ii # /# .p t # s .� A t: • r r. .. . -. The Contra Costa County Board of Supervisors li iSPL1'!i3 ' T: rumumm. to Vie above authority and recomendation, the County Auditor Shall c.-mor-3 a portion of these tax liens and trmisfer the rena:nin taxes to for 1981 - 82 unsecured roll. ':X., Date of Tram...rrr firmotrttly: `:atc Parcel Acquiring !.].location to ta,.rr• 1.0 1... :ca unber A;:encu of t.-xes linsommod t a1+Crt.1n.1 7%25 085-051-003-3 PITTSBURG Z M-MLOPIM3 7-1-81 to AMMY (all) 2-10-82 y 48.51 141.63 2.011L 113-288-001-2 COIICORD REDEVEIDFMIT 7-1-81 to 31ICF (e11) 8-6-81 6oa5 549.67 000 171-273-015-7 CT'+ OF UAL WT C?=--r 7-1-81 to W 3-3-82 1$8.79 264.14 i 7025 L-10-121-037-7 SAIL ROM ? ::rte Col r,!T 7-1-81 to AG--M,71 (e11) 2-1-82 90.32 131.42 ='31 1:12-120-072-8 SjI F.ABIA ?'��r'LO?_Iri 7-1-81 to AGE?."CY (an) 4-16-82 487.70 116.98 .1^31 L12-120-003-6 SUi ?,1?L0 7-141 to G (all) 4-16-82 222.27 51.89 t harstryeerH:y ths!tktE is s trucrndca7actcapyor Orig. Dept.: Audit-v_-Controller W7 action takarr srd;rtr��on the Mjnutes at tho Cc: cunt; 'uditor 1 8oardctdsmMonr. Count: tar Colic:for 2 JUN 81982 tet. ATTESTED- (in ccurcd) JH r "Gz` Cc YC'LERri ttr:9 c-x 1111 4.I r: 'i,i J0:rY3 83/56 R=OLUTICr. M. -fry ,Depvfy ' 232 11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8 1962 by the following vote: AYES: Supervisors Powers, Feh3en, Schroder NOES: none ASSENT: Supervisors Torlakson, McPenk ABSTAIN: noliu SUBJECT: In the ::atter of Cancellation of) Tax Liens on Property acquired ) RSOLDTIOt: NO. 82/670 by Public Agencies ) (Rev. & Tax C. 4986(a)(6) editor's S:emo Pursu2tnt to Revenue and Taxation Code 4986(a)(6), I recommend cancellation of the follow-ir�; tax liens on properties acquired by public agencies; said acquisitions having been verified and taxes prorated accordingly. I Consent D::IL: OUCILT, Auditor-Controller JOM%1 B. C 'U -EN, Count B;: i , eputy Hy: e u y The Contra Costa County Board of Supervisors F?SOLvnS i Pursuant to the above authority and recommendation, the County Auditor shall cancel these tax liens for ye—hears of 1981-82 Tax Rate Parcel Acquiring Taxes to be Area I:umber Agency Canceled 1"0 JL 257-200-013-7 BAST BAY RMIONAL PARK (por) $ 25.94 1102L 417-130-004-1 CIT'1 OP SAM P1310 (nor) 130.28 11024 L17-130-007-L CITY OF SnT' P;3ID (por) 213.48 11024 417-130-008-2 C_TTY OF 54: PA_ID (por) 18.58 11032 417-130-009-0 CITY OF SAI: P BID (por) 112.411 there+ycerir; ;ithl�r ::aromrcicorrgc?cupyof or.80?ton 7kta Lns%V.7:frad.ort tt)0Nirtutac of the Board cr£v;tir tsors.n:`.3 veto shown. �►=r�� JUN , 81982 0 Orig. Dept.: Auditor'ontroller % CC: County Auditor 1 By ,Deputy County Tax Collector 2 (Redemption) (Secured) 82/670 RESOLUTIO:, r0. 233 THF BOF.RD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on ,- • , _ by the following vote: AYES: ;ui.zrat�exsr fawrsm, trrAva. �eAa ad�,t NOES: ABSENT: _:,.sttiisoia :' Yl8Y2aL. �srmmk ABSTAIN: SUBJECT: Ln the '.ztt zr of Cancellation of) ^a:_ Liens on Property acquired ) RESOLUTIO:t 110. 8.14111 by Public 'Agencies ) (Rev. & Tax C. 4986(a)(6) udit.or I s Nemo Pursuant to Revenue aad Taration Code 49$6(a)(6), I recommend cancellation of the follo;.-ng tax liens on properties acquired by public agencies; said acquisitions having been verified and taxes prorated accordingly. I Co: ::!,T, L. B,UCF0T, Auditor Controller J0111I CLiLUSEM, o unsel i r 3;: eputy B :✓r��fJr Deputy '� { .. .. ji t, x �. x .. '.. :. :. .c :: .: �.•.' n .. 1c 'Z: •i •ic :. w' .c X Yc �= 3: .. .. '� '�F � .�' X ry. .c x .r X Me Contra Costa County Doard of Suparvisors !%SOLVES THAT: Pursuant to the above .uti:ority .And recommendation, the County Auditor shall cancel :ese tar liens for ;:ear/yo rs of 1981-82 Tax "ate Parcel Acquiring Taxes to be asi:uaber Agency Canceled 2002 128-322-003-4 COINMUCOSTA FLOOD COI7TROL (nor) $ 2.95 9?55 171-OG0-030-9 CITY OF IMMUT CREEK (nor) 6.88 9065 171-201-006-3 CITY 0e:7AL:UT C?�,i: (por) 13.96 9000 173-122-00h-0 CITY 0? ".'!,T.:-UT CTT-2:1 (por) 16.36 166060 197-13^-010-6 MAST BAT R.sIO::!L PtgK (nor) 4.81 66200 197-3BO-002-0 =QST BAY ?_'j--,U!.r'1. P?F (por) 28.58 66200 197-3�--009-5 =aT _.: 3.;G--.-'7AL PLR. 89.74 (p--r) 66-900 197-330-010-3 EAST L.;" OZ :::3 PA?.F. (por) 73.98 cG 234 _ RESCLUTiON NO. A���7� Tax =ate Parcel deg irinC Taxes to be -ea ."timber =�eacv Canceled 66200 197-380-03-1-1 EIfST BAY 3.-.ITKAI L P.W: $ 52.46 (par) 6001 76-030-004-7 ZAST BAY RMIOMIL. PLM (all) 1.95 8001 556-042-005-8 FAST FAY RMIQ-"-f L PXIi: (all) 2.47 62032 356-030-0121 STAB Cr: ,IALTMo_rl (por) .76 5001 372-364-001-1 CITY OF I•=..RTI!MZ (all) 14.49 5001 372-36a-002-9 CITY Or i:AR71 .r'Z (all) 114.92 11031 1:13-220-003-3 SAL P:.FLO RMITE-LOPiiOT AG CY (all) 35,22 11027 UP-032-005-3 SA1: PABLO MMI SIFELOPF^1dT AG ':FCY (all) 3.01 i 11024 41?-130-01C»5 CITY.O? SA2•I PP.3IA (all) 12.9L 11024 417-130-020-7 CITY OF SV P BLO (all) 506.79 11024 417-130-022-6 CITY OP SIX PAFLO (all) 29.01 11032 417-130-030-6 CITY OF S:11' PABLO (all} 93.95 11032 417-130-032-2 CIi'I or S,,Ii PABID (011} 111.63 11032 417-170-005-9 CITY Or S PA3L0 (071) 95.79 t hwabyaaftifv tft3t this fs a true end corracreopy of en action taken and:>::5r.d.on th8 zifrrutes of tha Board of Sui emkora c.r th3 dste gpo:an. A JUN 8 1982 J.R. O'SS;,t% C{:?!?dT%CLERK BtrdJGx C:i, ;i:�'c�Y° �i the t30aid ORM. DF, T. Auditor-Controller � .Dep ry Cc-�tp A�dilor 1 Gv Cr?1�aor 2 VL-3c-pL10-11 (Sec---ed } SOLtJ_IOIF 82/671 235 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on by the following vote: AYES: Supervisors Powers, randon. ^chroder NOES: none ABSENT: supervisors Torlakson, xcPank ABSTAIN: none SUBJECT: In the ::atter of Cancellation of) Tax Liens on Property acquired ) RESOLUTION. 110. 82/672 by Public Agencies ) (Rev. & Tax C. h986(a)(6) uditor's I:eno Pursuant to &evenue and Taxation Code h986(a)(6), I recommend cancellation of the followintax liens on properties acquired by public agencies; said acocisitions having been verified and taxes prorated accordingly. I Cc ¢nt in'?:':1D L. BOUCi=T, Auditor-Controller J0. $. CL 1USStd ounsel i �..'%. w , n . Deputy yr%ra j) Deputy ,.- •x t ;. t a ;. .. .; �: � � .r x o t x a: ,� c � ts-as- t � c-tt � •x•at• •tt• � •>r •z< # #,: t ,. The Contra Costa County Board of Supervisors RBSuS i'IIAT: Pursuant_ ...,. ;.o the above authority and recommendation the County Auditor shall cancel these tax liens for ye—hears of 1981-92 Tax Rate Parcel Acquiring Taxes to be Area 1lumber Agency Canceled 7m5 085-051-002-5 PITTSBURG RMEVELO?I•"1'.T AGSitCY (all) $ 4.88 7025 085-o51-OCK-6 PITTSBURG REDEVELOP:• sV AGMMY (all) 58.73 7025 085-051-011-6 PITTSBURG REDET-110 E1.1T F. EMY (all) 121.29 7025 085-051-020-7 PITTS3::3G R?]37EL0?2=idT AGMY (all) 8.36 2051 126-020-077-7 CITY OF Co::00313 6.50 (Por) 72 126-0?2-007-7 CO:iCO.0 7 :�VELOPITi?T A^�s:CY (all) 130.23 27lh 126-131-0,37-0 CO'=?JT ? 3-VHM_i?.'2.:T .*r—::::y (all) 158.36 Orig. Dept• Auditor—Controller Iherabycarnivthatthlaisafrzawcorrectcopy ot CO: County Auditor 1 snaetkrt tci:e;•Mrd::rferca.ta:r themirrutss of thof Board County Tax Collector 2 ct ac;a,rshas c.;;�o cele rhos a. (Rede,cption) - - A?i Earrf,:, JUN 81982 (Secured) Er:,''�is . _•.�r r 7L�.-Yri 82/672 RESOLUTION 110. { 236 By_ ` !s LLtL.Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on au t;., !W4 by the following vote: AYES: Supervisors Pawere, Fbaden, 5cI rons•r NOES: none ABSENT: Supervisors Torlekson, Mcreak ABSTAIN: none SUBJECT: In the ?:atter of Cancellation of) Tae Liens on Property acquired ) RESOLUTION 130. 82/673 by Public Agencies ) (Rev. & Tax C. h986(a)(6) ."auditor's ;:eno Pursuant to Revenue and Taxation Code 086(a)(6), I recommend cancellation of the folla:,-iriZ tax liens on properties acquired by public agencies; said acouicitions ha:+ng been verified and taxes prorated accordingly, I Cons nt � -uu :i:1IA L. BOUCI-?, Auditor—Controller JOffi. .:CLiUSyN, G-.Qnsel // t � Deputy iJ7Q��+1����Deputy By U The Contra Costa County Board of Supervisors R,SOL TILT: Pursuant to the above authority and recommendation, the County Auditor shall cancel these tax liens for yeas/years of 1980-81 Tax Rate Parcel Acquiring Tares to be :kE Number Agency Canceled 11025 411-301-018-7 Slli PALO REDRV'LOPI IIT AGEH,CY (all) a 71.27 thargbycerlyr:,:t is�at;ueand correcteopyof 3/1 acticr- on;ha n rrwas at the Beard ai N ;c::• ca:• ?:qwr,. a:r�slr:-1, JUN ,-�91982_� . Orig. Dept: A-,ditortiontroller cc: County Auditor 1 Q County Tae Collector 2 fly- o- Deputy (Redemption) (Secured) RIESOLUTIO;. IIO. 62/673 237 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: none ABSENT: Supervisors Torlakson, McPeak ABSTAIN: none SUBJECT: A Resolution Supporting WINNING: 1 A TRANSCONTINENTAL RELAY, in Its Request to ) CALTRANS to Use the Carquinez Bridge, 10:30 p.m., ) RESOLUTION NO. 82/674 June 12, 1982,. and Proclaiming June 12, 1982, ) "Transcontinental Relay to End World Hunger Day." ) ) WHEREAS, WINNING: A TRANSCONTINENTAL RELAY is a non-profit organization whose purpose is to call attention to and generate support for the end of world hunger and starvation, a problem which effects people in other countries and citizens of the United States; and WHEREAS, the members of WINNING live throughout the Bay Area; and WHEREAS, running events are planned all across the U.S.A. in support of WINNING: A TRANSCONTINENTAL RELAY; and WHEREAS, the use by one runner and a control vehicle of the Carquinez Bridge at 10:30 p.m., June 12, 1982 will greatly assist WINNING in its route across the U.S.A. ; and WHEREAS, the County of Contra Costa desires an end to world hunger; and WHEREAS, proclaiming June 12, 1982 "Transcontinental Relay to End World Hunger Day" will assist in publicizing the issues of world hunder and ultimately reduce the amount of hunger and starvation in the world; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA that the Board of Supervisors does not object and urges CALTRANS to allow the use of the Carquinez Bridge and endorses June 12, 1982 as "Transcontinental Relay to End World Hunger Day." I hereby AerBty that this is a true and conectcopy of gin action tekerr and:,.tared on this rhrrutos of the Board of Super.f^ars aril 9..0 da;o shoan. A:TESTED:_ JUN 81982 J.R.CLSSi:', CC•J:IYCLERK and ax Cork oI the Board By E��` k ,Deputy Orig. Dept.: cc: Supervisor T. Powers County Counsel County Administrator Public Information Officer Joan Bordow, Publicity Manager Winning: A Transcontinental Relay 3329 Andrade Ave. Richmond, CA 94804 238 RESOLUTION NO. 82/674 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 6, 1962 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: none ABSENT: Supervisors Torlakson, McPeak ABSTAIN: none SUBJECT: AMENDING RESOLUTION NO. 81/1013 RESOLUTION NO. 62/675 ESTABLISHING RATES TO BE PAID TO CHILD CARE INSTITUTIONS WHEREAS, this Board on September 1, 1981 adopted Resolution No. 81/1013 establishing rates to be paid to child care institutions for the Fiscal Year 1981-82; and WHEREAS, the Board has been advised that certain institutions should be added to the approved list; NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that Board Resolution No. 81/1013 is hereby amended as detailed below: Add Private Institution Monthly Rate R House/Santa Rosa (N) $ 1,096.00 I hereby co.7rly!:rst t��ls la a true cxl correot Dopy of an action takon and:,iterad•on Ulo ratnutas of the Board of Supw visors on th3 dato shown. ATTESTED: JUN 81982 J.R.OLSS' ',CC-LINTY CLERK and ox ofiit.a Cterk rf the Board By Deputy Orig.Dept.: Probation cc: County Probation Officer Social Service Attn: Veronica C. Paschall County Welfare Director Health Services D--ector District Attorney - --_,y Supp^ County Administrator Auditor-Controller Supt. of Schools 239 RESOLUTION NO. 62/675 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: SUBJECT: APPLICATION OF FUNDS FOR A RESOLUTION NO. 82/676 YOUNG CHRONIC OFF MER PROJECT WHEREAS the County of Contra Costa desires to undertake a certain project designated Young Chronic Offender Project to be funded in part from funds made available through the Juvenile Justice and Delinquency Prevention Act of 1974, PL 93-415, (hereafter referred to as the JJ/DP Act) administered by the Office of Criminal Justice Planning (hereafter referred to as OCJP); WHEREAS the County Probation Officer determines this to be a project of high priority; NOW, THEREFORE, BE IT RESOLVED that the Chairperson of the Contra Costa County Board of Supervisors is AUTHORIZED to submit a grant application for the Young Chronic Offender Project to OCJP and is AUUTHORIZED to execute the Grant Award Contract for said project, including any extensions or amendments thereof. BE IT FURTHER RESOLVED that the applicant agrees to provide all local contribution for said project (including any extension or amendment thereof) under the JJ/DP Act and the rules and regulations of OCJP and the Law Enforcement Assistance Administration. BE IT FURTHER RESOLVED that Federal grant funds received hereunder shall not be used to supplant State, local and other non-Federal juvenile justice and delinquency prevention expenditures. thereby certify that this is a true and correctcopyol an action taken and ontered on the mirr;t.s or the Board of Supervisors on the date ATTESTED: JUN 81982 J.R. D. ' •Y ERK and ex er., i trio Board Deputy O.Matthews Orig. Dept.: Probation Department cc: Criminal Justice Agency of Contra Costa County Attn: George Roemer County Probation Officer County A,± nistraror County Auditor-Controller RESOLIMON 140. 82/676 240 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: --- ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: --- SUBJECT: Seniority Lists and Personnel RESOLUTION NO. Rg/677 Transaction Freeze The Contra Costa County Board of Supervisors in all it capacities as the governing body of this County and of the Districts and Agencies of which it is the governing body, RESOLVES THAT: 1. The Board has considered that the financial impact of reductions in funding due to reduced state and federal funding and property tax receipts and the impact of increased funding requirements may result in the need to abolish positions and layoff employees. 2. In order to prepare for said activities, the Director of Personnel shall prepare seniority lists for all departments which may be affected by funding reductions. 3. So that seniority lists will be available timely, the Board hereby authorizes a freeze on personnel transactions. All transactions which change the classification of an employee, or change the level of an employee within a deep class, and those transactions by which permanent, temporary or provisional appointments are made, not to include extensions of current appointments, shall not be effectuated after June 11, 1982. In order to meet this deadline, said personnel transactions must be effective no later than June 11, 1982, and must be received in the Personnel Department no later than June 11, 1982 at 5:00 p.m. This freeze shall not apply to any personnel actions necessary to effectuate departmental layoff and retention plans, voluntary reductions in hours or voluntary demotions taken to reduce the impact of layoffs, or other related actions. Further, this freeze shall not apply to departments whose staffing is unaffected by budget reductions, to specific personnel transactions necessary for emergency operational purposes in various departments, or for other reasons satisfactory to the Director of Personnel. This freeze shall be terminated for individual departments August 6, 1982 at 5:00 p.m. or on the day following general layoffs for that department, whichever is later. 4. The Employee Relations Officer shall give notice of this Resolution to all recognized employee organizations. fterebycertlfy that this Is a true endcon actcopyof on action taken and entered on the minutes of tha Board of Supervisors on the date shown. ATTESTED: JUN 8-M? J.R.O_"'^1. CC INTY CI.ERK end a dG.o CWk of the Boarmyd A G. Matthews 'Deputy Personnel Department Orig. Dept.: County Administrator cc: County Departments Employee Organizations (via Personnel) RESOLUTION NO. 82/677 241 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1982-1983 AND THE ISSUANCE OF 1981 TAX ANTICIPATION NOTES THEREFOR RESOLUTION NO. 82/678 WHEREAS, pursuant to Sections 53850 et seq. of the Government Code of the State of California, this Board of Supervisors (the "Board") has found and determined that the sum of Forty-Eight Million Dollars ($48,000,000) is needed for the requirements of the County of Contra Costa (the "County") to satisfy obligations payable from the General Fund of the County, and that it is necessary that said sum be borrowed for such purpose at this time by the issuance of temporary notes therefor in anticipation of the receipt of taxes, revenue and other moneys to be received by the County for the General Fund of the County during or allocable to Fiscal Year 1982-1983; and WHEREAS, the County intends to borrow, for the purposes set forth above, Forty-Eight Million Dollars ($48,000,000) by the issuance of the notes, as hereinafter defined, and, after the first maturity date of the notes, Forty-Eight Million Dollars ($48,000,000) through the sale of its Short-term Tax Anticipation Notes, the issuance of which will be authorized by separate resolution of this Board; and RESOLUTION HO. O v�7� 242 WHEREAS, it appears, and the Board hereby finds and determines, that said sum of Forty-Eight Million Dollars ($48,000,000), when added to the interest payable thereon, does not exceed eighty-five per cent (85%) of the estimated amount of the uncollected taxes, revenue and other moneys of the County for the General Fund of the County attributable to Fiscal Year 1982-1983, and available for the payment of said notes and the interest thereon; and WHEREAS, pursuant to Section 53856 of the Government Code of the State of California, certain revenues which will be received by the County for the General Fund of the County during and attributable to Fiscal Year 1982-1983 can be pledged for the payment of said notes and the interest thereon (as hereinafter provided); NOW, THEREFORE, the Board hereby finds, determines, declares and resolves as follows: Section 1. All of the recitals herein set forth are true and correct, and the Board so finds and determines. Section 2. Solely for the purpose of anticipating taxes, revenue and other moneys to be received by the County for the General Fund of the County during or allocable to Fiscal Year 1982-1983, the County hereby determines to and shall borrow the aggregate principal sum of Forty-Eight Million Dollars ($48,000,000) by the issuance of temporary notes under Sections 53850 et seg. of the Government Code of the State of California, designated "1982 Tax Anticipation 2 RESOLUTIONNO. �� 243 Notes" (the "notes"), to be numbered from 1 consecutively upward in order of issuance, to be in the denomination of $5,000, $10,000, $25,000, $50,000 or $130,000, or any integral multiple thereof, as specified by the successful purchasers thereof, to be dated July 1, 1982, with $25,000,000 principal amount to mature (without option of prior redemption) on December 30, 1962 and with $23,000,000 principal amount to mature (without option of prior redemption) on June 28, 1983 and to bear interest, payable at maturity and computed on a 30-day r.onth/360-day year basis, at the rate or rates determined at the time of sale thereof. Both the principal of and interes'- on the notes shall be payable, only upon surrender thereof, in lawful money of the United States of America, at the principal office of Bank of America National Trust and Savings Association in San Francisco, California, or at the principal office of Bankers Trust Company in New York, New York. Section 3. The notes shall be issued without coupons and shall be substantially in the form and substance set forth in Exhibit A attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures. Section 4. The moneys so borrowed shall be deposited in the General Fund of the County and used and expended by the County for any purpose for which it is authorized to expend funds from the General Fund of the County. 3 RESOLUTION NO. ��C t 244 Section 5. The principal amount of the notes, together with the interest thereon, shall be payable from taxes, revenue and other moneys which are received by the County for the General Fund of the County for the Fiscal Year 1982-1983. As security for the payment of the principal of and interest on the notes the County hereby pledges the first $25,000,000 (together with an amount sufficient to pay interest on the notes maturing December 30, 1982) of property tax receipts to be received in December 1982, and the first $23,000,000 (together with an amount sufficient to pay the interest on the notes maturing June 28, 1983) of property tax receipts to be received in April 1983 (such pledged amounts being hereinafter called the "Pledged Revenues"), and the principal of the notes and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the Pledged Revenues, and to the extent not so paid shall be paid from any other moneys of the County lawfully available therefor. The Pledged Revenues, as and when received, shall be deposited by the County with Bank of America National Trust and Savings Association in San Francisco, California, which is hereby designated Fiscal Agent for the notes, and said Fiscal Agent shall establish and maintain a fund, designated as the "1982 Tax Anticipation Note Repayment Fund" (hereinafter referred to as the "Repayment Fund") . In the event that in any of the foregoing months there are insufficient property tax receipts received 4 245 RESOLUTION NO. , ,X)d by the County to permit the deposit with the Fiscal Agent the full amount of the Pledged Revenues to be deposited in such month, by the last business day of the month (except for deposits to be made in June 1983, in which case the full amount shall be deposited by June 15, 1983), then the amount of any deficiency shall be satisfied and made up and deposited with the Fiscal Agent from any other moneys of the County lawfully available for the repayment of the notes and interest thereon. Any moneys placed in the Repayment Fund shall be for the benefit of the holders of the notes, and until the notes and all interest thereon are paid or until provision has been made for the payment of the notes at maturity with interest to maturity, the moneys in the Repayment Fund held by the Fiscal Agent shall be applied only for the purposes for which the Repayment Fund was created, except that such moneys may be invested as permitted by Section 53601 0£ the Government Code of the State of California, as it is now in effect and as it may be amended, modified or supplemented from time to time, and the proceeds of any such investments shall be deposited in the Repayment Fund and shall be part of the Pledged Revenues. Section 6. The County Treasurer of the County is hereby authorized to sign the notes, and the Clerk of the Board of Supervisors of the County is hereby authorized to countersign the same by use of his facsimile signature and to 5 246 RESOLUTION NOL affix the seal of the Board thereto by facsimile impression thereof, and said officers are hereby authorized to cause the blank spaces thereof to be filled in as may be appropriate. Section 7. It is hereby covenanted and warranted by the County that all representations and recitals contained in this resolution are true and correct, and that the County, and its appropriate officials, have duly taken all proceedings necessary to be taken by them, and will take any additional proceedings necessary to be taken by them, for the levy, collection and enforcement of the taxes, revenue, cash receipts and other moneys pledged hereunder in accordance with law and for carrying out the provisions of this resolution. Section 8. The Board, as issuer of the notes on behalf of the County, hereby covenants that it will make no use of the proceeds of the notes which would cause the notes to be "arbitrage bonds" under Section 103(c) of the Internal Revenue Code of 1954, as amended; and, to that end, as long as any of the notes are outstanding, the issuer with respect to the proceeds of the notes, and all officers having custody or control of such proceeds, shall comply with all requirements of said section and the regulations of the United States Department of the Treasury thereunder, to the extent that such regulations are, at the time, applicable and in effect, so that the notes will not be "arbitrage bonds." 6 - 24'7 RESOLUTION NO. Section 9. All the notes shall be offered for public sale on June 22, 1982, in accordance with a Notice Inviting Bids on the notes, dated June 8, 1982, contained in Exhibit C attached hereto, and by reference incorporated herein, and said Notice Inviting Bids, in substantially the form presented to this meeting, is hereby approved with such additions, changes and corrections as the County Treasurer may approve upon consultation with the County's counsel, and the County Treasurer is hereby authorized to distribute copies of said Notice Inviting Bids in connection with the offering and sale of the notes. Section 10. The Notice of Sale, attached hereto as Exhibit B, in the form presented to the Board, is hereby ratified in substantially the form presented, and the publication of said Notice of Sale, in accordance with the terms of Section 53692 of the Government Code of the State of California, is hereby ratified. Section 11. The Official Statement relating to the notes, dated June 8, 1982, attached hereto as Exhibit C, in substantially in the form presented to this meeting, is hereby approved with such additions, changes and corrections as the County Treasurer may approve upon consultation with the County's counsel, and the County Treasurer is hereby authorized to distribute copies of said Official Statement in connection with the offering and sale of the notes. 7 - t 248 RESOLUTION NO. � PASSED AND ADOPTED by the Board of Supervisors of the County of Contra Costa this 8_th day of June , 1982, by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, Mc ChaKr oT the Board of Supervisors of the County of Contra Costa (Seal) Attest : J. R. OLSSON, Clerk By Deputy Clerk CC,. Orrick, Herrington & Sutcliffe Bank of America County Administrator Auditor-Controller Treasurer-Tax Collector 8 249 RESOLUTION NO. Y2-16-M EXHIBIT A COUNTY OF CONTRA COSTA, CALIFORNIA 1982 TAX ANTICIPATION NOTE No. $ Date: 1982 FOR VALUE RECEIVED, the County of Contra Costa (the "County") , State of California, acknowledges itself indebted to and promises to pay to the bearer hereof, at the principal office of Bank of America National Trust and Savings Association in San Francisco, California, or at the principal office of Bankers Trust Company in New York, New York, the principal sum of DOLLARS ($ ) in lawful money of the United States of America, on , 1983, together with interest thereon at the rate of per annum in like lawful money from the date hereof until payment in full of said principal sum. Both the principal of and interest on this note shall be payable only upon surrender of this note as the same shall fall due; provided, however, no interest shall be payable for any period after maturity during which the holder hereof fails to properly present this note for payment. 250 RESOLUTION NO, It is hereby certified, recited and declared that this note is one of an authorized issue of 1982 County of Contra Costa Tax Anticipation Notes (the "notes") in the aggregate principal amount of Forty-Eight Million Dollars ($48,000,000), all of like tenor, made, executed and given pursuant to and by authority of resolutions of the Board of Supervisors of the County duly passed and adopted on , 1982, under and by authority of Article 7.6 (commencing with Section 53850) of Chapter 4, Part 1, Division 2, Title 5, California Government Code, and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this note have existed, happened and been performed in regular and due time, form and manner as required by law, and that this note, together with all other indebtedness and obligations of the County, does not exceed any limit prescribed by the Constitution or statutes of the State of California. the principal amount of the notes, together with the interest thereon, shall be payable from taxes, revenue and other moneys which are received by the County for the General Fund of the County for the Fiscal Year 1982-1983. As security for the payment of the principal of and interest on the notes maturing December 30, 1982, the County has pledged the first $25,000,000 (together with an amount sufficient to pay interest on the notes of said maturity) of property tax receipts, to be received in December 1982, and as security 2 251 for payment of the principal and interest on the notes maturing June 28, 1983, the first $23,000,000 (together with an amount sufficient to pay interest on the notes of said maturity) of property tax receipts to be received in April 1983 (such pledged amounts being hereinafter called the "Pledged Revenues"), and the principal of the notes and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the Pledged Revenues, and to the extent not so paid shall be paid from any other moneys of the County lawfully available therefor. IN WITNESS WHEREOF, the County of Contra Costa has caused this note to be executed by the County Treasurer of the County and countersigned by the Clerk of the Board of Supervisors of the County, and caused its official seal to be affixed hereto this day of , 1982. COUNTY OF CONTRA COSTA By County Treasurer (Seal) Countersigned: Clerk of the Board of Supervisors 3 252 RESOLUTION NO. /:�7/ EXHIBIT B COUNTY OF CONTRA COSTA, CALIFORNIA 1982 TAX ANTICIPATION NOTES NOTICE IS HEREBY GIVEN that the Board of Supervisors of the County of Contra Costa (the "County"), State of California, intends to offer for public sale on June 22, 1962, at the hour of 10:00 o'clock A.M., local time, Auditor-Controller of the County of Contra Costa, California, c/o Thomas R. Shearer, Law Offices of Orrick, Herrington & Sutcliffe, A Professional Corporation, 13th Floor Conference Room, 600 Montgomery Street, San Francisco, California 94111, not to exceed $50,000,000 principal amount of tax anticipation notes of the County designated "County of Contra Costa 1982 Tax Anticipation Notes" (the "notes"). NOTICE IS HEREBY FURTHER GIVEN that the notes will be offered for public sale subject to the terms and conditions on the Notice Inviting Bids for the notes, dated June 8, 1962, and copies of said Notice Inviting Bids and the Official Statement relating to the notes will be furnished upon request mailed to Mr. Arnold F. Mazotti, Bank of America National Trust and Savings Association, Public Finance No. 3295, Post Office Box 37003, San Francisco, California 94137. Dated: June 7, 1982 JAMES R. OLSSON Clerk-Recorder of the Contra Costa County Board of Supervisors 253 DRAFT [Letterhead of Orrick, Herrington & Sutcliffe) 1982 Board of Supervisors County of Contra Costa California County of Contra Costa, California 1982 Tax Anticipation Notes (Final Opinion) Dear Sirs: We hereby certify that we have examined a certified copy of the record of the proceedings relative to the issuance of $48,000,000 principal amount of temporary notes of the County of Contra Costa, State of California, issued in accordance with the provisions of Section 53850 and following of the Government Code of the State of California, designated "County of Contra Costa 1982 Tax Anticipation Notes" (the "notes") . The notes are dated July 1, 1982, a portion of the notes are due and payable December 30, 1982, a portion are due and payable June 28, 1983, and are numbered, are of the denomination and bear interest as follows, to wit: Maturity Note Numbers Interest Date (inclusive) Denomination Rate Both the principal of and interest on the notes are payable to bearer at maturity in lawful money of the United States of America at the office of Bank of America National Trust and Savings Association in San Francisco, California or Bankers Trust Company in New York, New York. Interest upon the notes, in our opinion, is exempt from all present federal income taxes and from State of California personal income taxes under existing statutes, 254 AESCLUTfON NO. 1�2 Board of Supervisors County of Contra Costa Page 2 regulations and court decisions, and the notes are exempt from all California taxes except inheritance, gift and franchise taxes. In our opinion such proceedings show lawful authority for the issuance of the notes under the Constitution and laws of the State of California now in force, and the notes are valid and legally binding obligations of the County of Contra Costa. The County of Contra Costa has pledged certain property taxes to be received by the General Fund of the County of Contra Costa during or allocable to Fiscal Year 1982-1983 for the payment of the principal of and interest on the notes, and the notes are a first lien and charge thereon, to wit: the first $25,000,000 (plus any additional amount necessary to pay interest on those notes maturing on December 30, 1983) of secured property taxes to be received in December 1983, the first $23,000,000 (plus any additional amount necessary to pay interest on those notes maturing on June 28, 1983) of such property taxes to be received in April 1983, as security for the notes and the interest thereon. To the extent not paid from such pledged revenues, principal of the notes and interest thereon shall be paid from any other moneys of the County of Contra Costa lawfully available therefor. We remain, Faithfully yours, ORRICK, HERRINGTON & SUTCLIFFE A Professional Corporation By Thomas R. Shearer 255 RESOLUTION Na • r f ` EXHIBIT C 1 Proof of June 4.1992 CONTRA COSTA--5448-6 Bowme of S.F.,Inc.,(415)864-2300 2 OFFICIAL STATEMENT 3 4 NEIi ISSUE 6 6 In the opinion of Bond Counsel, under existing statutes,regulations and court decisions,interest on the 7 Notes is exempt from federal income taxes and from California personal income taxes. e 9 $48,000.000 12 COUNTY OF CONTRA COSTA, CALIFORNIA 13 14 1s 1982 TAX ANTICIPATION NOTES is 17 t8 The Notes will be issued in denominations of$5,000,510,000,$25,000, $50,000 or$100,000 and will 19 be dated July 1, 1982. Principal and interest on the Notes will be payable upon maturity at the principal 20 office of the paying agents of the County, Bank of America NUSA in San Francisco,California or Bankers 21 Trust Company in New York, New York. The Notes will not be subject to redemption prior to maturity. 22 The Notes will be negotiable and nonreeistrable. 27 24 Amount Due 25 29 S25,000,000 .......................................... December 30, 1982 27 $23,000,000 .......................................... lune 28, 1983 26 29 30 The Notes, in accordance with California law, are general obligations of the County and are payable 31 only out of the taxes, income, revenue, cash receipts and other moneys of the County attributable to the 32 fiscal year 1982-1983 and legally mailable for payment thereof. The Notes maturing on December 30, 33 1982 are secured by a pledge of the first $25,000,000 (plus an amount equal to the interest on such Notes) 34 of property taxes to be received by the County in December 1982. The Notes maturing on June 28, 1983 35 are secured by a pledge of the first $23,000,000 (plus an amount equal to the interest on such Notes) of 39 property taxes to be received by the County in May 1983. In furtherance of this pledge the County has 37 appointed Bank of America NTRSA in San Francisco, California as Fiscal Agent. The Resolution of 38 issuance requires the pledged moneys to be transferred to the Fiscal Agent to be held in a special account 39 until December 30, 1982 and June 28, 1983 at which time these funds will be used to repay the Notes. 40 41 The Notes are direct obligations of the County and are legal investments for commercial banks in 42 California and are eligible to secure deposits of public moneys in California. 43 44 The Notes will be awarded by competitive bid on June 22, 1982 as set forth in the Notice Inviting 45 Bids contained herein. if no legal bid is received on June 22, 1982, bids will be accepted at the same time 48 and place each succeeding Tuesday (commencing June 29, 1982) until the Notes are awarded. The Notes 47 will be oBered when, as and if issued and received by the purchasers,subject to the approval of legality by 48 Orrick, Herrington & Sutcliffe, A Professional Corporation, of San Francisco, California, Bond Counsel. 49 Certain other legal matters will be passed upon by the County Counsel for Contra Costa County. The Notes, 60 in temporary or definitive form,will be available for delivery on or about July 9, 1982 in New York,New 51 York or Sao/Fr cisco, California at the option of the purchasers. 62 �/ 67 June I-5, 1982 54 65 66 57 53 69 so 61 42 93 H _ 65 66 HcaOLUTIUN NO. A. , t 25f i 2 Proof of lone 4.1967 CONTRA COSTA-5448-6 Bowme of S.F.,Inc., (415)864-2300 3 4 No dealer,broker,salesperson or other person has been authorized by the County to give any informa- 5 tion or to make any representations other than those contained herein and, if given or made, such other 6 information or representation must not be relied upon as having been authorized by any of the foregoing. 7 This Official Statement does not constitute an offer to sell or the solicitation of an oger to buy nor shall there 8 be any sale of the Notes by a person in any jurisdiction in which it is unlawful for such person to make such 2 an offer,solicitation or sale 10 11 This Official Statement is not to be construed as a contract with the purchasers of the Notes.Statements 12 contained in this Official Statement which involve estimates,forecasts and matters of opinion,whether or not 13 expressly so described herein,are intended solely as such and are not to be construed as a representation of 14 facts. 15 16 The information set forth herein has been obtained from official sources which are believed to be reli- 17 able but it is not guaranteed as to accuracy or completeness,and is not to be construed as a representation 18 by the financial consultant or any underwriter. The information and expressions of opinions herein are sub- 19 jeer to change without notice and neither delivery of this Official Statement nor am, sale made hereunder 20 shall, under any circumstances, create any implication that there has been no change in the affairs of the 21 County of Contra Costa since the date hereof. This Official Statement is submitted in connection with the 22 sale of the Notes referred to herein and may not be reproduced or used, in whole or in part,for any other 23 purpose. 24 25 26 27 TABLE OF CONTENTS 26 29 fl—Re Page 30 Proposal for Purchase ................... iii County Financial Statements .............. 9 31 Notice Inviting Bids ..................... v Financial Statements .................. 9 32 County Officials ix Historical Statements 11 ........................ .................. 33 County of Contra Costa 1982-83 Financing Effects of Cutbacks and Recession ........ 15 34 35 Program 1 Interfund Borrowing and Cash Flow ...... 15 36 The Notes ............................. 1 Cash Flow Analyses ................... 16 37 Authority for Issuance ................. 1 Employees-Salary Adjustments ......... 20 38 Purpose of Issue ...................... I Retirement Programs .................. 20 39 Description of the Notes ................ 1 Long Term Obligations 40 21 47 Security for the Notes ................. I Estimated Direct and Overlapping Bonded 42 Available Sources of Payment ........... 2 Debt ............................. 22 43 Legal Opinion ......................... 2 The County .......... 22 44 Legality for Investment in California ....... 3 County Government .................. 22 45 Litigation ............................. 3 Industry and Employment .............. 23 46 Additional Information .......... 3 Environmental Control Services .......... 25 47 46 Constitutional Limitations on Taxes and Population .......................... 26 49 Appropriations 5 Commercial Activit 50 Ad Valorem Property Taxes .............. 7 Construction Activity ................. 27 51 Largest Taxpayers .................... 8 Transportation ....................... 28 52 Redevelopment Agencies ............... 8 Agriculture .......................... 29 53 Self-Insurance Program 9 Education and Community Services ....... 29 54 55 56 57 ii 56 59 60 62 63 N 67 J / RESOLUTION NO. 67� Ll GC� 7 C 257 1 Proof of June 4.1987 CONTRA COSTA-4448.8 Bovine of S.F.,Inc.,(415)884-2300 2 PROPOSAL FOR THE PURCHASE OF 4 COUNTY OF CONTRA COSTA, CALIFORNIA s 1982 TAX ANTICIPATION NOTES —, 1982 a Honorable Board of Supervisors of the County 10 c/o Auditor-Controller of the County of Contra Costa,California 11 c/o Thomas R.Shearer,Law Office of Orrick,Herrington&Sutcliffe,A Professional Corporation 12 13th Floor Conference Room 13 600 Montgomery Street 14 San Francisco, California 94111 1s is Dear Supervisors. 17 Pursuant to the Notice Inviting Bids, dated June 15, 1982, we offer to purchase County of Contra 16 Costa 1982 Tax Anticipation Notes, in the principal amount, with premium or discount and in such 19 denominations, maturing and bearing interest, as set forth below and on the reverse hereof: 20 21 First Second 22 Maturity Maturity 23 Notes due on ...... December 30,1982 June 28,1983 24 Principal amount .............. S 5 25 Interest rate .................. 26 Plus a Premium of: S $ 27 or 28 Minus a Discount'of: Denominations of29 S 3 $ 5,000 .................. 30 S 10,000 .................. 31 $ 25.000 .................. 32 S 50.000 .................. 33 $100,000 .................. 34 -No discount bid with respect to any Notes will be entertained unless the stated interest rate 3s specified in the bid for such Notes is 12%per annum. 38 37 This proposal is made subject to all the terms and conditions of the Notice Inviting Bids on said Notes 38 dated June 15, 1982,all of which terms and conditions are made a part hereof as fully as though set forth in 39 full in this proposal. 40 41 There is enclosed herewith a certified or cashier's check for S (one percent of the 42 principal amount of Notes bid for hereunder)payable to the order of the Treasurer of Contra Costa County, 43 We hereby request that printed copies of the Official Statement pertaining to the Notes be 44 furnished us in accordance with the terms of said Notice Inviting Bids. We request delivery of the Notes 45 is (specify San Francisco or New York). 46 47 Authorized Signature: 48 Address for Return of Unsuccessful Bid Checks: 49 60 51 52 53 54 55 56 til 58 69 6o 61 62 - 63 64 65 66 RE-SOLUTION NO. 47 258 I Pract of June 4.1982 CONTRA COSTA-5145-6 Botvne of S.F.,Inc., (415)864-2300 2 3 First Second 4 Maturity Maturity f5 6 Notes due on December 30,1982 June 28,1983 7 Principal amount ............. S S Interest rate .................. %c % 6 Pius a Premium of: S S _ or 10 Minus a Discount'of. 11 Denominations of $ S 12 S 5,000 S 10.000 ................. 13 5 25,000 14 S 50,000 .................. is $100,000 16 17 'No discount bid with respect to any Notes will be entertained unless the stated interest rate i8 specified in the bid for such Notes is 121 per annum. 19 * * * * * 20 21 First Second 22 Maturity Maturity 23 Notes due on ................. December 30,1982 June 28,1983 24 Principal amount .............. S S 25 Interest rate .................. % io 26 Plus a Premium of: 5 S 27 or Minus a Discount'of: 28 Denominations of $ 5 29 S 5,000 .................. 30 S 10,000 .................. 31 S 25.000 .................. u S 50,000 .................. $100,000 .................. 33 34 'No discount bid with respect to any Notes will be entertained unless the stated interest rate 35 specified in the bid for such Notes is 12%per annum. 36 * * * * 7k 37 38 First Second 39 Maturity Maturity 40 41 Notes due on ................. December 30,1982 June 28,1983 Principal amount .............. S S 42 Interest rate ............. %e % 43 Plus a Premium of: $ S 44 or 45 Minus a Discount'of: 46 Denominations of $ $ 47 S 5.000 .................. $ 10,000 .................. 48 $ 25,000 .................. 49 $ 50.000 .................. 60 $100,000 .................. bi 52 *No discount bid with respect to any Notes will be entertained unless the stated interest tate 53 specified in the bid for such Notes is 12%per annum. 54 55 56 iv 57 56 _ 59 60 61 62 63 64 as 67 RESOLUTION NO. (� {�/�v -259 1 Roof of Me 4:1182 CONTRA COSTA--5MS-6 Bo%vne of S.F.,Inc.,(415)864-2.300 2 3 NOTICE INVITING BIDS ON 4 ST8,000,000 5 1982 TAX ANTICIPATION NOTES 6 COUNTY OF CONTRA COSTA, CALIFORNIA 7 6 NOTICE 1S HEREBY GIVEN that sealed proposals for the purchase of$48,000,000 par value nego- tiable 1982 Tax Anticipation Notes of the County of Contra Costa, California, will be received by the 10 Board of Supervisors of said County at the place and up to the time below specified. 11 12 TIME; 10:00 a.m., local time, June 22, 1952 13 PLACE: c/o Auditor-Controller of the County of Contra Costa, California 14 c/o Thomas R. Shearer, Law Offices of Orrick, Herrington & Sutcliffe, 1s A Professional Corporation t6 13th Floor Conference Room 17 16 600 Montgomery Street 19 San Francisco, California 94111 Y0 MAILED BIDS Addressed to the attention of the Auditor-Controller at the above address. 21 22 NUMBER OF BIDS: Bidders may submit more than one bid.If no legal bid is received on June 22, 23 1982 bids will be accepted at the same time and place each succeeding Tuesday (commencing June 29, 24 1982)until the notes are awarded. 25 26 ISSUE: $48.000,000 designated"County of Contra Costa 1982 Tax Anticipation Notes,"numbered 1 27 consecutively upward, in denominations of $5,000; $10,000; $25,000; $50,000; or $100,000; as specified 26 by the successful bidder or bidders,dated July 1,1982, 29 30 MATURITY: The Notes will mature as follows:$25,000,000 on December 30,1982 and$23,000,000 31 on June 29,1983: 32 33 INTEREST; DISCOUNT BID: The Notes will bear interest at a rate or rates to be feed upon 34 the sale thereof but not to exceed 12% per annum, payable at maturity. Interest shall be computed on a 35 30-day month/360-day year basis. Any bid may be for less than the par value of the Notes bid upon,plus 36 accrued interest to the date of delivery, provided, however, that a discount bid will only be entertained 37 with respect to Notes bid upon at an interest rate of 12% per annum. 38 39 PAYMENT: Said Notes and the interest thereon are payable in lawful money of the United States 40 of America at the principal office of the payine agents of the County, Bank of America NT&SA in San 41 Francisco,California or Bankers Trust Company in New York,New York. 42 43 FORM OF NOTES: The Notes will be issued in negotiable form,payable to bearer,without coupons, 44 and will be nonregistrable. 45 f6 REDEMPTION: The Notes are not subject to call or redemption prior to maturity. 47 48 PURPOSE OF ISSUE: The proceeds of the Notes will be used for current general fund expenditures, 49 including current expenses, capital expenditures, and the discharge of any obligation or indebtedness of the 60 County. 51 52 SECURITY: The Notes are issued pursuant to Article 7.6, Chapter 4, Part 1, Division 2, Title 5 53 (commencing with Section 53850 of the Government Code of the State of California). The Notes, in 54 accordance with California law,are general obligations of the County and are payable only out of the taxes, as Be v 57 66 69 60 61 62 63 64 65 /f i D (. 66 RESOLUTION NO- t�/%7.r'�t� 67 260 1 P:0at at June 4.1962 CONTRA COSTA--5448-6 Bovvne of S.F.,Inc.,(415)864-2300 2 3 income, revenue,cash receipts and other moneys of the County attributable to the fiscal year 1982-83 and 4 legally available for payment thereof.The ability of the County to levy ad valorem property taxes was sub- s stamially limited in 1978 by Proposition 13 which amended the California Constitution.The amount of unre- 6 stricted revenue available for payment of the Notes is expected to be approximately S million.The Notes 7 maturing on December 30, 1982 are secured by a pledge of the first $25.000,000 (plus an amount equal 6 to the interest on such Notes) of property taxes to be received by the County in December 1982. The 2 Notes maturing on June 28, 1953 are secured by a pledge of the first $23,000.000 (plus an amount equal . 10 to the interest on such Notes) of property taxes to be received by the County in May 1983. In furtherance 11 of this pledge the County has appointed Bank of America NT&SA in San Francisco, California as Fiscal 12 Agent. The Resolution of issuance requires the pledged moneys to be transferred to the Fiscal Agent to 13 be held in a special account until December 30, 1982 and June 28, 1983 at which time these funds will 14 be used to repay the Notes. is 76 77 TERMS OF SALE 1s INTEREST RATE;DISCOUNT BID: The maximum rate bid may not exceed twelve percent per 79 annum, payable at maturity. Each rate bid must be a multiple of 1/100. No Note shall bear more than 20 one interest rate.Bidders may submit more than one bid.Each Note must bear interest at the rate specified 21 in the bid from its date of issuance to its fixed maturity date. Any bid may be for less than the par value 22 of the Notes bid upon, plus accrued interest to the date of delivery, provided, however, that a discount 23 bid will only be entertained with respect to Notes bid upon at an interest rate of 12% per annum. 24 25 26 AWARD: Bids may be for all or any part of the Notes.The Notes will be awarded on the basis of 27 the lowest net interest cost. The interest cost of each bid will be determined by deducting the amount of 26 the premium specified (if any) from, or by adding the amount of discount specified (if any) to, the total 29 amount of interest which the County would be required to pay from the date of the Notes to their maturity 30 date at the interest rate or rates specified in the bid_ No bid for less than $100,000 principal amount of 31 Notes will be entertained.A bid for Notes at a discount will be entertained only if the interest rate specified 32 for such Notes is 1240 per annum.The Board of Supervisors reserves the right to award to any bidder all 93 or any pan of the Notes which such bidder offers to purchase in his proposal,upon the basis of his proposal. 34 If only a part of the Notes bid for in a proposal is awarded by the Board,any premium or discount specified 35 in such proposal shall be prorated. In the event two or more bids setting forth identical interest rates and 36 premium or discount per dollar principal amount, if any, and aggregating a principal amount in excess S7 of the principal amount of unawarded Notes are received, the Board reserves the right to exercise its own 36 discretion and judgment in making the award and may award the Notes on a pro rata basis in such denomina- S9 tions as the Board shall determine. Each successful bidder must pay interest accrued on the Notes from 40 their date to the date of delivery, computed on a 30-day month/360-day year basis. 41 42 RIGHT OF REJECTION: The Board reserves the right, in its discretion,to reject any and all bids 43 and to the extent not prohibited by Iaw to waive any irregularity or informality in any bid. 44 45 PROMPT AWARD: The Board will take action awarding the Notes or rejecting all bids not later 46 than twenty-six (26) hours after the time herein prescribed for the receipt of proposals; provided that the 47 award may be made after the expiration of the specified time if the bidder shall not have given to the 46 Board notice in writing of the withdrawal of such proposal. 49 6o PLACE OF DELIVERY; FUNDS FOR PAYMENT; PRINTING: Delivery of said Notes will be 61 made to the successful bidder or bidders at the principal office of Bank of America NT&SA in San 52 Francisco,California or Bankers Trust Company in New York, New York as specified by such bidder or S3 bidders.Payment for the Notes shall be made in Federal Reserve Bank funds or other immediately available 54 funds.The cost of printing the Notes shall be borne by the County. 55 66 67 vi 66 69 60 61 62 - - 63 - - 64 65 66 67 261 1 /root of,lune 4.ION CONTRA COSTA—,%48-6 Bowne of S.F.,Inc.,(415)864.2300 2 3 PROMPT DELIVERY; CANCELLATION FOR LATE DELIVERY: It is expected that said Notes 4 will be delivered to the successful bidder or bidders on or about July , 1982.The County reserves the right 5 to deliver the Notes in temporary form exchangeable within seven day for definitive Notes,at no cost to the 6 successful bidder or bidders. Any successful bidder shall have the right,at its option,to cancel the contract I of purchase if the County shall fail to execute the Notes and tender them for delivery within 30 days from a the date herein fixed for the receipt of bids. 2 10 FORM OF BID: Each bid must be in a sealed envelope. addressed to the Board of Supervisors of the 11 County of Contra Costa, with the envelope clearly marked "Proposal for Contra Costa County, 1982 Tax 12 Anticipation Notes" Each bid must be in accordance with the terms and conditions set forth herein, and 13 must be submitted on, or in substantial accordance with, proposal forms provided by the County. 14 15 BID CHECK: A certified or cashier's check drawn on a responsible bank or trust company in the 18 amount of one percent of the principal amount of Notes bid,payable to the order of the County Treasurer, 17 must accompany each proposal as a guaranty that the bidder, if successful, will accept and pay for the t6 Notes in accordance with the terms of its bid. The check accompanying any accepted proposal shall be 18 applied to the purchase price or,if such proposal is accepted but not performed,unless such failure of per- 20 formance shall be caused by any act or omission of the County, it shall then be cashed and the proceeds 21 retained by the County Treasurer. The check accompanying each unaccepted proposal will be returned 22 promptly. If only a part of the Notes bid for in a proposal is awarded by the Board,the amount of the bid 23 check will be prorated and the bidder may substitute a check for the prorated amount in place of the bid 24 check accompanying the proposal. No interest will be paid by the County on a bidders good faith check. 25 26 CHANGE IN TAX EXEMPT STATUS: At any time before the Notes are tendered for delivery,any 27 successful bidder may disaffirm and withdraw its proposal if the interest received by private holders from 28 notes of the same type and character shall be declared to be taxable income under present federal income 29 tax laws,either by a ruling of the Internal Revenue Service or by a decision of any federal court,or shall be 30 declared taxable or be required to be taken into account in computing any federal income taxes by the 31 terms of any federal income tax law enacted subsequent to the date of this Notice. 32 33 CLOSING PAPERS; LEGAL OPINION: Each proposal will be understood to be conditioned upon 34 the County furnishing to each successful bidder, without charge, concurrently with payment for and 35 delivery of the Notes, the following closing papers, each dated the date of such delivery: 38 37 (a) The opinion of Orrick,Herrington & Sutcliffe, A Professional Corporation,of San Francisco, 38 California,Bond Counsel, approving the validity of the Notes and stating that interest an the Notes is 39 exempt from income taxes of the United States of America under present federal income tax laws,and 40 that such interest is also exempt from personal income taxes of the State of California under present 41 State income tax laws. (A copy of said opinion of Orrick,Herrington&Sutcliffe,certified by an officer 42 of the County by facsimile signature,will be printed on the back of each Note.No charge will be made 43 to the purchaser for such printing or certification.); 44 (b) The certificate of the County that on the basis of the facts, estimates and circumstances in 45 existence on the date of delivery, it is not expected that the proceeds of the Notes will be used in a 48 p manner that would cause the Notes to be arbitrage bonds; 48 (c) The certificate of the County Counsel of the County of Contra Costa acting on behalf of the 49 County solely in his official, and not in his personal capacity, that there is no litigation threatened or so pending affecting the validity of the Notes; 51 52 (d) The certificate of an appropriate County official, acting on behalf of the County solely in his 53 official, and not in his personal capacity, that as of the date of the Official Statement of the County 64 pertaining to the Notes and at all times subsequent thereto up to and including the time of delivery 55 of the Notes to the initial purchasers thereof the Official Statement together with any amendments a8 11 vfi 56 59 60 61 62 - 63 64 65 66 c L 262 I Proof of,tone 4.1662 CONTRA COSTA-5448-6 Bawne of S.F.,Inc.,(415)864.2300 2 3 thereto did not contain any untrue statement of a material fact or omit to state a material fact neces- 4 sary to make the statements therein, in light of the circumstances under which they were made, not 6 misleading, 6 7 (e) The certificate of County officials, showing that they have signed the Notes, whether by 6 facsimile or manual signature,and that they were respectively duly authorized to execute the same;and 2 (f) The receipt of the County Treasurer and Tax Collector showing that the purchase price of the 10 Notes, including interest accrued to the date of delivery thereof, has been received by him. 11 Y2 INFORMATION AVAILABLE: Requests for information concerning the County should be 13 addressed to 14 Mr.Alfred P.Lomeli Mr.Donald L.Bouchet Mr. Arnold F. Mazotti 15 Treasurer of the County of Auditor-Controller Bank of America NT&SA 16 Contra Costa County Finance Building Public Finance No.3295 17 County Finance Building 625 Court Street, Room 103 P.O.Box 37003 16 625 Court Street, Room 100 Martinez,California 94553 San Francisco,California 94137 7s Martinez,California 94553 (415) 372-2181 (415) 622-2513 20 (415) 372-4122 21 22 The County will provide each successful bidder such number of printed copies of the Official State- 23 ment for this issue as such bidder may request.Up to 300 copies of the Official Statement will be furnished 24 without cost, on a pro rata basis depending on the principal amount of Notes awarded to such bidder,and 25 any additional copies will be furnished at the expense of the bidder. 26 27 Given by order of the Board of Supervisors of Contra Costa County,California,adopted June 15,I982. 26 26 30 31 32 JAMES R. OLSSON 33 Clerk of the Board of Supervisors 34 Contra Costa County 35 36 37 38 36 4D 41 42 43 44 45 45 47 46 46 50 a1 52 63 54 b5 56 57 Vii( bb 34 60 61 62 63 64 65 66 67 RESOLUTION NO. � L 263 1 Proof of June 4.1992 CONTRA COSTA-5445-6 Bowne of S.F.,Inc.,(415)864-23W 2 3 COUNTY OF CONTRA COSTA 4 CALIFORNIA b 6 7 5 Board of Supervisors 10 Sunne Wright McPeak 11 (District 4) 12 Chair 13 14 Tom Powers Nancy C.Fanden 1s (District 1) (District 2) 18 17 Robert I. Schroder Tom Torlakson 78 (District 3) (District S) 79 James R. Olsson 20 County Clerk-Recorder 21 22 23 24 25 26 County Officials 27 Carl Rush William A. O'Malley 26 29 Assessor District Attorney 30 Donald L.Bouchet Richard K.Rainey 31 Auditor-Controller Sherr 32 33 Alfred P. Lomeli 34 Treasurer-Tax Collector 35 38 37 36 39 40 41 Mel yin G. Wingett John B.Clausen 42 Chief Administrative Officer County Counsel 43 44 45 46 47 48 49 bo 51 62 53 54 55 66 ix 57 b6 b9 6o .. 61 62 63 64 65 G 66 67 RESOLUTION NO. 6 o/6�� ` t 264 t Ono!o!June 4,1262 CONTRA,COSTA--5448-6 Bowne of S.F.,Inc., (415)864-2300 3 COUNTY OF CONTRA COSTA 1982.83 FINANCING PROGRAM s s � The County of Contra Costa implemented ashort-term financing program in 1979 to finance the"dry periods"of its general fund cash flow during the fiscal year (July 1 through June 30). Over the past three years, the County has sold Tax and Revenue Anticipation Notes in amounts ranging from $20-30 million with maturities scheduled in June of each fiscal year. On July , 19S2 the County plans to deliver $48 million of Tax Anticipation Notes (Notes) which 10 will be secured by a pledge of a portion of the County's share of the 1982-83 property taxes attributable 11 to the 1952-83 fiscal year.The first $25 million of Notes will be due on December 30, 1982,and the final 12 $23 million on June 28,1983. 13 14 The County anticipates, subject to market and other conditions, issuing an additional series of short is term debts of not more than 525 million in November or December.Such debts will be secured and all such is notes or commercial paper will de due on June 30,1983. 17 is Is THE NOTES Is 20 Authority for Issuance 21 The County of Contra Costa, California, 1982 Tax Anticipation Notes are issued under the authority 22 of Article 7.6,Chapter 4, Part 1, Division 2,Title 5 (commencing with Section 53850) of the California 23 Government Code, and pursuant to a Resolution of issuance adopted by the Board of Supervisors of the 25 County June 15, 1982. is 3s 27 Parpose of Issue n Issuance of the Notes will provide moneys to meet current (fiscal year 1982-83) general fund 21 expenditures, including current expenses, capital expenditures, and the discharge of other obligations or 30 indebtedness of the County. 31 32 33 Description of the Notes u The Notes will be in the aggregate principal amount of$48,000,000 and will be issued in nonregistrable, 35 bearer form without coupons, in denominations of $5,000, $10,000, $25,000, $50,000 or 5100,000 (or 31 any integral multiple thereof) as designated by the original purchaser or purchasers. The Notes will be 37 dated July 2, 1982 and S25.000,000 will mature on December 30. 1982 and $23,000,000 will mature 3$ on June 28, 1983. Interest will be payable at maturity, computed on a 30-day month/360-day year basis. 3$ Principal and interest will be payable at the principal office of the paying agents of the County, Bank of " America NTSSA in San Francisco, California or Bankers Trust Company in New York, New York. At 42 Ats Security for the Notes 44 Pursuant to Section 53856 of the Government Code of the State of California, the Resolution of 43 issuance with respect to the Notes specified that the Notes maturing on December 30, 1982 are secured N by a pledge of the first $25,000,000 (plus an amount equal to the interest on such Notes) of property 47 taxes to be received by the County in December 1982.The Notes maturing on June 28, 1983 are secured W by a pledge of the first$23,000,000 (plus an amount equal to the interest on such Notes) of property taxes 41 to be received by the County in May 1983. In furtherance of this pledge the County has appointed Bank 80 of America NTSSA in San Francisco, California as Fiscal Agent. The Resolution of issuance requires the 41 pledged moneys to be transferred to the Fiscal Agent to be held in a special account until December 30, u 1982 and June 28, 1983 at which time these funds will be used to repay the Notes. In the event that in " any of the foregoing months there are insufficient unrestricted moneys received by the County to permit N the deposit into the special account of the full amount of the pledged moneys to be deposited in such month, u M 88 Irl ttt a a M u G w RESOLUTION NO. p 265 1 Pt et o!hat 4,1167 CONTRA COSTA-5448-6 Bowne of S.F.,Inc.,(415)884-2300 2 3 by the last business day of the month (except for the deposit to be made in the month of June 1983 in 4 which case the full amount need not be deposited until June 15, 1983),then the amount of any deficiency 6 shall be satisfied and made up from any other moneys of the County lawfully available for the repayment 4 of the Notes and interest thereon. Amounts deposited with the Fiscal Agent in the special account may not 7 be used for any other purpose, although they may be invested in legal investments. Any balance in the a special account on June 28, 1983 in excess of the amount needed to repay the Notes and the interest thereon 9 will be released to the General Fund. 10 11 Avallable Sources of Payment 13 The Notes, in accordance with California law, are general obligations of the County,payable only out 14 of the taxes,income, revenue, cash receipts and other moneys of the County attributable to the fiscal year 15 1982-83 and legally available for payment thereof. The ability of the County to levy ad valorem property 16 taxes was substantially limited in 1978 by Proposition 13 which amended the California Constitution. See 17 "Constitutional Limitations on Taxes and Appropriations." Additionally, California counties, unlike cities, 16 are not permitted by State Law to impose fees to raise general revenue,but only to recover costs of regu- 19 lation or provision of services 20 21 The County may under existing law issue the Notes only if the principal and interest of the Notes 42 will not exceed 85 percent of the estimated moneys available for the payment of the Notes.The estimated 23 amount needed to repay the Notes and the interest thereon is approximately $52.8 million. The County 24 estimates that the moneys available for payment of the Notes will be approximately $ million as 25 indicated in the following table. 26 27 ESTIMATED UNRESTRICTED REVENUE AVAILABLE FOR PAYMENT OF 28 1982 TAX ANTICIPATION NOTES 29 30 Source Amount 31 32 Fiscal year-end balance-1981-82 ............................. $ 9,889,500 Property taxes .............................................. 64,637,000 33 Taxes other than current property: 34 Sales tax ..... 8,540,000 35 Other taxes ............................................. 1,898,500 35 Licenses,permits and franchises ............................... 3,269,500 37 Fines,forfeitures and penalties ................................. 3,580,988 Use of money and property ................................... 14,261,130 33 Aid from other governmental agencies: i9 Federal revenue sharing4,873,000 40 State reimbursed homeowner and business inventory expemptions .. 7,380,000 41 Motor vehicle in-lieu tax ................................... 3,348,830 42 Charges for current services ................................... 21,042,091 43 Total ............................................ $142,720.539 44 OQ Includes delinquent property taxes and County's portion of certain shared State taxes. 45 47 4i LEGAL OPINION 49 The opinion of Orrick, Herrington & Sutcliffe, A Professional Corporation, San Francisco, California 6o ("Bond Counsel")approving the validity of the Notes and stating that interest on the Notes is exempt from b1 income taxes of the United States of America under present federal income tax laws and that such interest is 52 also exempt from personal income taxes of the State of California under present State income tax laws,will be 53 provided free of charge to the purchasers at the time of the original delivery of the Notes.A copy of such 54 opinion will be printed on each Note without charge to the purchasers. 55 tib 2 57 6e 59 90 61 62 63 _ ar 65 66 !7 266 1 Proof or aom 4.1982 CONTRA COSTA-5445-6 Bovine of S.F.,Inc.,(415)864-2300 2 3 The statements of law and legal conclusions set forth in this Official Statement under the heading"The 4 Notes" and concerning legality for investment in California have been reviewed by Bond Counsel. Bond 5 Counsel's employment is limited to a review of the legal proceedings required for the authorization of the 6 Notes and to rendering the opinion set forth above.Such opinion will not consider or extend to any docu- 7 ments,agreements,representations,offering circulars or other material of any kind concerning the Notes not 8 mentioned in this paragraph.Certain legal matters will be passed upon by the County Counsel. 9 10 11 LEGALITY FOR INVESTMENT IN CALIFORNIA 12 Under provisions of the California Financial Code,the Notes are legal investments for commercial banks 13 in California,and under provisions of the California Government Code are eligible to secure deposits of public 14 moneys in California. 15 16 LITIGATION �s No litieation is pending or threatened concerning the validity of the Notes,and a Certificate of the County 19 Counsel to that effect will be furnished to the purchasers at the time of the original delivery of the Notes.The 20 County is not aware of any litigation pending or threatened questioning the political existence of the County 21 or contesting the County's ability to levy and collect ad valorem taxes or contesting the County's ability to 22 issue and retire the Notes. 23 There are a number of lawsuits and claims pending against the County.Also pending are a number of 24 personal injury and wrongful death actions seeking several million in damages in excess of the County's 25 insurance limits. The aggregate amount of the uninsured liabilities of the County which may result from all 26 suits and claims will not in the opinion of the County Counsel materially affect the County's finances or 27 impair its ability to repay the Notes. 28 29 Should any suit come to adverse judgment against the County during fiscal year 1982-1983, under So California law the County can be required to pay such judgment only from funds allocated for this pur- 31 pose in the 1982-1983 budget. Payment in excess of such amount may be required at the earliest in the 92 1983-1984 fiscal year. 33 34 ADDITIONAL INFORMATION 35 The purpose of this Official Statement is to supply information to prospective bidders on, and buyers 36 of, the Notes. Quotations from and summaries and explanations of the Notes, the resolution authorizing 37 the Notes and of statutes and documents contained herein do not purport to be complete, and reference is 38 made to said documents and statutes for full and complete statements of their provisions. 39 40 Bank of America NT&SA has acted as financing consultants to the County and regularly receives a 41 variety of Contra Costa County reports.These reports include audits and budgets as well as certain monthly 42 activity reports such as the status of the 1982 Tax Anticipation Notes Repayment Fund held by Bank of 43 America NT&SA, as Fiscal Agent.Any holder of the Notes may obtain a copy of any such report as avail- 44 able, from the County or Bank of America. Bank of America will receive compensation from the County 45 contingent upon sale and delivery of the Notes. By written consent of the County of Contra Costa, Bank " of America may submit a bid on part or all of this Note offering. 47 All data contained herein have been taken or constructed from County records. Appropriate County 46 officials,acting in their official capacity,have reviewed this Official Statement and have determined that as of 49 the date hereof the information contained herein is,to the best of their knowledge and belief,true and cor- 50 rect in all material respects and does not contain an untrue statement of a material fact or omit to state a 51 material fact necessary in order to make the statements made, in light of the circumstances under which 52 they were made, not misleading. The appropriate County official will execute a certificate to this effect 59 upon delivery of the Notes. This Official Statement and its distribution have been duly authorized and 54 approved by the Contra Costa County Board of Supervisors. 55 66 3 57 56 59 60 62 63 - ss W l :666 RESOLUTION NO. 42/629- 1 67 - ( 267 1 ►raol of done 4.1882 CONTRA COSTA-5448-6 Bone of S.F.,Inc.,(415)864-2300 2 3 4 5 r i 9 10 tt 12 13 14 15 16 17 76 18 20 21 22 23 24 25 25 27 MAP 26 29 so 31 u 33 $4 35 36 37 38 z9 ,' 40 41 42 43 44 45 46 47 4t 49 50 6t 52 63 64 55 57 61 59 60 61 92 63 64 - 1 268 45 R��JLu i tUN NO. sa 67 1 Pool of crone 8,1882 CONTRA COSTA—s448-6 Bowne of S.F.,Inc.,(415)864-2300 2 3 CONSTITUTIONAL LIMITATIONS ON TAXES AND APPROPRIATIONS 4 6 The taxing power of California public agencies are limited by Article XIIIA of the California Consti- tution, added by an initiative amendment approved by the voters on June 6, 1978, and commonly known 7 as Proposition 13. 8 2 Article XIIIA limits the maximum ad valorem tax on real property to 1% of"full cash value,"which 10 is defined as "the County Assessor's valuation of real property as shown on the 1975-76 tax bill under 11 'full cash value' or, thereafter, the appraised value of real property when purchased, newly constructed, 12 or a change in ownership has occurred after the 1975 assessment." The full cash value may be adjusted 13 annually to reflect inflation at a rate not to exceed 2% per year,or reduction in the consumer price index 14 or comparable local data, or declining property value caused by damage, destruction, or other factors. 16 The California State Board of Equalization has adopted regulations,binding on county assessors,interpret- 18 ing the meaning of "change in ownership" and "new construction" for purposes of determining full cash 17 value of property under Article XIIIA. 18 19 The validity of Article XIIIA as a whole has been upheld against challenge,but the California Supreme 20 Court has left for future decision many other questions regarding detailed interpretation and implementa- 21 tion of Article XIIIA. 22 After passage of Proposition 13, most counties, including Contra Costa County applied the two per- 23 cent inflationary factor to full cash values for each fiscal year commencing with the 1975-1976 fiscal year. 24 In August 1981, a California trial court held that such procedure (as implemented in that case by the 25 Counties of San Mateo and Santa Clara, California) was not permitted under Article XIIIA. Rather, the 26 two percent inflationary increase could only be applied to full cash values for the fiscal year 1978-1979 and 27 subsequent fiscal years. The trial court decision is not binding on Contra Costa County. If, however, the 28 principles of this decision were to become binding on the County, then the County would have to reduce 29 cash values for inflationary adjustments previously taken, and refund the excess amounts of taxes paid. In 30 the opinion of County officials it is not expected that any refunds would be made during the current fiscal 71 year, if at all, and therefore the decision is not expected to have an adverse effect on the ability of the u County to repay the Notes. 33 34 Legislation enacted by the California legislature to implement Article XIIIA (Statutes of 1978, 35 Chapter 292, as amended) provides that notwithstanding any other law, local agencies may not levy any 36 property tax except to pay debt service on indebtedness approved by the voters prior to July 1, 1978,and 37 that each county will levy the maximum tax permitted by Article XIIIA or $1.00 per $100 of full cash 38 value. 39 40 Subsequent legislation, Statutes of 1979,Chapter 282,as amended, enacted a new system for allocat- 41 ing property tax revenues among California local public entities.Under this law, cities and counties receive 42 about one-third more of the property tax revenues collected instead of direct State aid. School districts 43 receive a correspondingly reduced amount of property taxes, but are compensated directly by the State 44 and given additional relief. In addition, the law provides for the State to assume a greater share of health 45 and welfare costs. ee Future assessed valuation growth allowed under Article XIIIA (new construction, change of owner- 47 ship, 2% inflation) will be allocated on the basis of"situs" among the jurisdictions that serve the tax rate 4a 49 area within which the growth occurs. Local agencies and schools will share the growth of"base" revenues so from the tax rate area. Each year's growth allocation becomes part of each agency's allocation in the 51 following year. The availability of revenues from growth in tax bases to such entities may be affected 52 by the establishment of redevelopment agencies which, under certain circumstances, may be entitled to 53 such revenues resulting from the upgrading of certain property values. Section 4 of Article XIIIA effec- 54 tively prohibits the levying of any other ad valorem property tax above the limits set in Section 1, even 55 with the approval of the affected voters. so 57 5 As 69 50 81 62 63 W 66 66 67 t 269 RESOLUTION NO. �r� 620 I ►mot or,tune 4.tla7 CONTRA COSTA-5448-6 Bow•ne of S.F.,Inc.,(415)864-2300 2 3 At a special statewide election held on November 6, 1979, an initiative measure entitled "Limita- 4 tion on Government Appropriations" was approved by the voters. The Initiative added provisions to the 5 California Constitution which, among other things,limit the annual appropriations of State and local gav- e ernmental entities to the amount of appropriations of the entity for the prior fiscal year, as adjusted for 7 chances in the cost of living, changes in population and changes in services rendered by the entity. The 6 County does not anticipate any difficulty in holding appropriations below the allowed limit for fiscal year 3 1981-82, nor does it expect that such appropriations limit will have an impact on the County's ability to to repay the Notes. 11 12 The appropriations limit of the State of California may at some time in the future impose a limita- 13 tion on the amount of money which can be made available by the State to the County.The office of the 14 California Legislative Analyst (the "Legislative Analyst") estimates that, based on the budget which the t5 Governor of California has proposed,the State's appropriations subject to limitation for the 1982-83 fiscal 16 year is approximately $18,176,000,000 and that the State's appropriations limit for 1982-83 is approxi- mately $19,899,000,000 which is 51,723.000.000 above the proposed amount of said appropriations. The 1e 79 County cannot predict with any certainty whether the State's appropriations limit will in the future impose 20 a restriction on the State's ability to expend "proceeds of taxes." 21 22 Relying on these definitions, the County has determined that its appropriations limit for"proceeds of 23 taxes" for the 1981-82 fiscal year is approximately $134,399,564. Pursuant to the adopted 1981-82 fiscal 24 year budget, appropriations subject to limit are $113,951,492 which would be substantially below the 25 appropriations limit for proceeds of taxes for the year. 26 27 26 California law provides under certain circumstances for the operation of a deflator mechanism (the 29 "deflator') which,unless suspended by the legislature for a particular year,could cause a reduction in the 30 amount of funds provided to localities by the State. No deflator is in effect for the 1981-82 fiscal year. 31 Legislation has been introduced which would suspend the operation of the deflator for the 1982-83 fiscal 32 year. However, it is not presently possible to know whether such legislation will be enacted, nor is it 33 presently possible to determine whether the deflator would operate to reduce local assistance funds in that 34 or any subsequent fiscal year. 35 36 The Governor of California has proposed a budget for the State's 1982-83 fiscal year,which has been 37 introduced before the legislature and is currently under consideration. At this time, it is not possible to 33 predict the nature of the 1982-83 budget,nor its effect on appropriations to the County. 31 40 On June 8, 1982,the voters of California will vote on several initiative measures which, if enacted, 41 may significantly reduce all allocations of State revenues to local agencies.Two of the measures would repeal 42 the California gift and inheritance tax laws,and would enact, in lieu thereof, a California death tax. The 43 M Legislative Analyst estimates that future reductions in State revenues resulting from the enactment of 45 either of such measures could approximate $150 million for the 1982-83 fiscal year. A third initiative 46 measure would increase,for taxable years commencing on or after January 1, 1982,the amount by which 47 income tax brackets will be adjusted annually in an effort to index such tax brackets to account for the 46 effects of inflation. The Legislative Analyst estimates that, if such measure were enacted, reductions in 49 State revenues could approximate $230 million for the 1982-83 fiscal year. Finally, the voters will vote 60 on an initiative measure which would exclude from the definition of"change in ownership"for purposes 51 of the valuation of real property for taxation,the replacement of real property taken through eminent domain 52 proceedings.The Legislative Analyst estimates that,if such measure were enacted,it would have a significant b3 effect on property tax revenues.It is not presently possible to determine the overall impact of any of the above H measures on future allocations of State revenues or property tax revenues to the County or its ability to 65 pay the interest on,or repay the principal of,the Notes. 66 57 6 66 69 61 62 63 6s 66 67 7 o t !mo!o!Amro 4.1967 CONTRA COSTA-5448-6 Bowne of S.F.,Inc.,(415)8642300 2 3 AD VALOREM PROPERTY TAXES 4 6 Taxes are levied for each fiscal year on taxable real and personal property which is situated in the County 6 as of the preceding March 1.For assessment and collection purposes,property is classified either as"secured" or"unsecured,"and is listed accordingly on separate parts of the assessment roll.The"secured roll'is that 6 part of the assessment roll containing State assessed propert, and real property having a tax lien which is sufficient, in the opinion of the assessor, to secure payment of the taxes.Other property is assessed on the 10 "unsecured roll." 11 12 Property taxes on the secured roll are due in two installments,on November 1 and February 1 of the 13 fiscal year. If unpaid, such taxes become delinquent on December 10 and April 10 respectively, and a six 14 percent penalty attaches to any delinquent payment.In addition,property on the secured roll with respect to 15 which taxes are delinquent is sold to the State on or about June 30 of the fiscal year. Such property may 16 thereafter be redeemed by payment of the delinquent taxes and the delinquency penalty. plus a redemption 17 penalty of one percent per month to the time of redemption. (Effective fiscal year 1982-83 the delinquency 16 penalty increases to ten percent and the redemption penalty increases to one and one-half percent per month.) 19 If taxes are unpaid for a period of five years or more, the property is deeded to the State and then is 20 subject to sale by the County Tax Collector. 21 22 Property taxes on the unsecured roll are due as of the March 1 lien date and become delinquent,if unpaid 23 on August 31.A six percent penalty attaches to delinquent taxes on property on the unsecured roll,and an 24 additional penalty of one percent per month begins to accrue beginning November 1 of the fiscal year. 25 (Effective fiscal year 1982-83 the delinquency penalty increases to ten percent and the redemption penalty 26 increases to one and one-half percent per month.) The taxing authority has four ways of collecting unsecured 27 personal property taxes: (1) a civil action against the taxpayer; (2) filing a certificate in the office of the 26 County Clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer; 29 (3) filing a certificate of delinquency for record in the County Recorders office,in order to obtain a lien on 30 certain property of the taxpayer;and (4) seizure and sale of personal property,improvements or possessory 31 interests belonging or assessed to the assessee. 32 33 Contra Costa County and its political subdivisions operate under the provisions of Sections 4701-4717 34 of the California Revenue and Taxation Code.Pursuant to those sections,the accounts of all political sub- 35 divisions which levy taxes on the County tax rolls are credited with 100 percent of their respective tax levies 36 regardless of actual payments and delinquencies.The County treasury's cash position (from taxes) is protected 37 by a special fund (Tax Losses Reserve Fund) into which all countywide delinquent penalties are deposited. se The County has used this method since fiscal year 1950-51.A five-year history of Contra Costa County tax 39 levies,delinquencies and the Tax Losses Reserve Fund cash balances as of June 30 is shown below. 40 41 During fiscal year 1980-81 the County reduced the Tax Losses Reserve Fund from $10.2 million to 42 $7.2 million and credited the difference to the County General Fund as provided by Section 4703 of the 43 Revenue and Taxation Code. Section 4703 allows any county to draw down the Tax Loss Reserve Fund to 44 a balance equal to three percent of the total of all taxes and assessments levied on the secured rolls for that 45 year if the secured tax delinquency has been three percent or less for the preceding three consecutive years. " After utilizing this procedure, if the County incurs a rate of secured tax delinquency that exceeds three 47 percent of the total of all taxes and assessments levied on the secured rolls, the Tax Losses Reserve Fund 46 must accumulate to a balance equal to five percent of the total of all taxes and assessments levied on the 49 secured roll for that year and remain at that level until the County has three consecutive years in which the 50 secured tax delinquency rate is under three percent. 51 52 Total delinquent secured property tax charges in each year since fiscal year 1950-51 have been below 63 4.08 percent of that year's total secured property tax charges.For the past 30 fiscal years,the percentage has 54 65 exceeded two percent only eleven times. 56 7 57 54 59 62 67 65 66 ( 271 67 7E:OLUT10t l NQ. �� G Proof of none 4.1967 CONTRA C0STA-5448-6 Bowne of S.F.,Inc.,(415)864-2300 1 2 COUNTY OF CONTRA COSTA s SUMMARY OF FULL CASH VALUE AND AD VALOREM PROPERTY TAXATION 4 5 FISCAL YEARS 1976-77 THROUGH 1982-83 6 Secured Current Percentage Tax Losses 6 Full Property Levy Current Levy Reserve Fund " y Fiscal Cash Tax Delinquent Delinquent Balance 10 Year ValueO Levies June 30 June 30 June 30 11 1976-77 ................. $12,790,738.664 $331,632,809 S 4,728,220 11.4317c $10,073,672 12 1977-78 ................. 14,852,434,808 373,950,185 5,943,840 1.59 11.614.986 13 1978-79 ................. 16,316,826,916 196,482,131 3.501.345 1.78 10,132,029 14 1979-80 ................. 17,498,431,588 202,823,519 4,911,417 2.42 10,206,725 15 1950-81 ................. 18,892.593.032 237,630,961 7,195,889 3.02 7,213,929 16 1981-82 ....... 21,648,197,423 264,700,000D 10,800,0000 4.080 8,100,0000 17 1982-63(Estimated) ...... 23,813,000,000 18 i Amounts previously shown as 19 assessed valuations are now shown as full cash value"See"Constitutional Limitations on Taxes and Appropriations." Beginning in fiscal year 1960.81, business inventories were excluded from the tax base. 20 since the State increased the State property tax exemption for business inventories from 50 percent to 100 percent.State 21 legislation, however, requires the State to reimburse local governments for revenue lost as a result of such exemption 22 and varies the reimbursement in future years based on the Consumer Price Index and population changes. 23 C✓Preliminary,subject to change. 24 Source, County Auditor-Controllet. 25 26 27 Largest Taxpayers 28 The ten largest taxpayers in the County as shown on the 1981-82 secured tax roll and the approxi- 29 mate amounts of their property tax payments for all taxing jurisdictions within the County are shown below. so These ten largest taxpayers paid a total $42,410,347 taxes or about 16 percent of the County's 1981-82 31 secured tax collection. az 63 COUNTY OF CONTRA COSTA 14 LARGEST TAXPAYERS 1b 38 S7 Total Taxes Company Paid 1981.82 38 39 Pacific Gas&Electric Company ...... $11,761,623 ........................... 40 Chevron USA(Standard Oil Company of California) ................ 11,666,015 41 Pacific Telephone&Telegraph Company .......................... 4,298,219 42 Shell Oil Company ..................I......................... 3,426,309 Union Oil Company of California ................................ 2,604,104 43 Tosco Corporation ............................................ 2,379.138 44 Dow Chemical Companyy ........ ...... 2,238,761 ......................... 45 U.S.Steel Corporation ......................................... 1,920,682 46 Sun Valley Shopping Center .................................... 1,106,883 47 C&H Sugar Corporation........................................ 1,008,613 46 46 60 Redevelopmest Agencies 51 The California Community Redevelopment Law authorizes the redevelopment agency of any city to 52 issue bonds payable from the allocation of tax revenues resulting from increases in full cash values of 51 properties within designated project areas. In effect, local taxing authorities other than the redevelopment 54 agency realize tax revenues only on the 'frozen" tax base. 5s 56 8 57 56 69 60 61 62 63 64 65 6a f,E:�,DLUT10IV NO. Y7-2 t 272 67 1 hoot of dune 4,1882 CONTRA.COSTA-5445-6 Bovine of S.F.,Inc.,(415)864-2300 2 3 COMMUNITY REDEVELOPMENT AGENCY PROJECTS 4 OF CITIES 1N THE COUNTY OF CONTRA COSTA 5 FULL CASH VALUE INCREDIENTS AND TAX ALLOCATIONS 6 FISCAL YEARS 1976-77 THROUGH 1981-82 f _ 6 Fiscal Base Year Full Cash Value Total Tax 9 Year Value Incrememso Allocations 20 10 11 1976.77 ..................... 5251,575,916 $133.915,756 S 4,005,091 1977-78 ..................... 384.515 220 219.263,240 7,020,581 12 1978-79 ..................... 478,976.032 292,265.156 2.922,842 13 1979-80 ..................... 497,903,936 415.860.416 5,849.677 14 1980-81 ..................... 755.431.368 669.066.188 8,230,647 1s 1981-82 ............ ........ 783,522.580 937,500,047 11,202,319 16 O Full cash values for all redevelopment projects above the "frozen" base year valuations. 17 These data represent growth in full cash values generating tax revenues for use by the 16 community redevelopment agencies. 19 G Actual tax revenues collected by the County and subsequently paid to the community rede- 20 velopmem agencies. 21 22 23 Self-Insurance Program 24 The County is entirely self-insured for claims relating to public liability (excluding the airport), auto- 25 mobile accidents, and medical malpractice, It is the County's policy to annually appropriate sufficient funds 26 to cover the estimated liability of the County for self-insurance claims to be made during the upcoming fiscal 27 year.Whenever a claim is made,the claim is evaluated and a portion of the appropriated funds are reserved to 26 satisfy the County's estimated liability for such claim.Although the County believes that its past experience 29 enables it to reasonably evaluate its liability for self-insurance claims, no assurance can be made that the 30 amount reserved for such purposes will be adequate,nor can there be any assurance that the funds appropriated 31 to satisfy claims arising during any fiscal year will be sufficient. 32 33 34 COUNTY FINANCIAL STATEMENTS 35 The County is required by State law to adopt a final balanced budget by the end of August each year. 36 The 1982-83 Proposed Budget was adopted by the County on June 15, 1982 and was based on the fol- 37 lowing assumptions: an overall increase of 14.7 percent in property tax revenues in fiscal year 1982-83; 33 inflation factors from 3 percent to 8 percent for expenses; and an available surplus of$3.7 million. 39 40 The County is expected to adopt its final budget by July 31, 1982. During the hearings which will be 41 held with respect to the final budget,all appropriations and revenues are subject to review.Since the budget 42 must be balanced, any shortfall in revenues requires a reduction in appropriations. Pending adoption of 43 the final budget, the County's operations will be governed by the Proposed Budget. 41 45 Financial Statements 46 General 47 The County's accounting policies conform to principles and reporting standards set forth by the 48 State Controller in "Accounting Standards and Procedures for Counties—State of California."The County's 49 basis of accounting is a modified accrual system in which revenues are recorded as cash is received,except 6o for property taxes which are recorded when levied and for certain year-end accruals. Expenditures are 61 recorded when paid, but all unpaid expenditures must be accrued by year-end. All of the financial state- 52 ments contained in this Official Statement, other than the General Fund Cash Flow Analyses, have been 53 prepared on this modified accrual basis. The County Treasurer also holds certain funds not under the 54 control of the Board of Supervisors,such as those of school districts,which are accounted for on a cash basis. 65 66 9 57 66 59 6o 61 62 63 64 _ :65 RE-SOLUTION NO- 7_�162 t 273 6 T 1 boat o1 dune 41 1sat CONTRA COSTA-498-6 Bowrte of S.F.,Inc.,(415)W-2300 2 3 The Government Code requires every county to prepare an annual report. The Auditor-Controller 4 prepares the"Financial Report for the County of Contra Costa."This annual report covers financial oper- 6 ations of the County, county districts and service areas, local autonomous districts and of various trust 6 transactions of the County Treasury. Under new Federal Revenue Sharing Audit Regulations, independent 7 audits are required of all operating funds under control of the Board of Supervisors. These audits must be 6 conducted at least every three years. Contra Costa County has had independent audits for over 20 years. The County hospitals, accounted for on an Enterprise Fund basis,were audited for the first time for fiscal 10 1978-79. Additionally, the County Grand Jury may also conduct management audits of certain offices of 11 the County. Funds accounted for by Contra Costa County are categorized as follows: 12 General County Funds 13 The general County funds consist of the General Fund and other operating funds. The General Fund 14 is used to account for the revenues and expenditures of the County which are not accounted for by other 15 funds. The other operating funds are used to account for the proceeds from specific revenue sources (other 16 than special assessments) or to account for the financing of specific activities as required by law or admin- 17 istrative regulations. to 19 Special District Funds Under Control of Board of Supervisors 20 Special district funds under the control of the County Board of Supervisors are used to account for 21 the transactions of fire protection districts, flood control and storm drainage districts, sanitation districts 22 and county service areas. 23 24 Special District Funds Under Control of Local Boards and School District Funds 25 These funds are used to account for cash received and disbursed and cash and investments held by 26 the County for these districts. These districts maintain their own accounting records supporting their sep- 27 arate financial statements which are subject to separate audit under State statutes. 28 � Trust and Agency Funds 30 Trust and agency funds are used to account for money and other assets received and held in the 30 31 capacity of trustee, custodian or agent for individuals and governmental agencies. 32 33 34 35 36 37 3a 39 40 41 42 43 44 45 46 47 48 49 60 61 52 53 54 65 56 10 57 as a9 60 a1 62 63 64 6s / t 274 66 47 !!! 1 Proal of lane 4.1987 CONTR9 COSTA--5448-6 Bowne of S.F.,Inc., (415)864-2300 2 3 Hhtorical Statements 4 Accompanying financial statements were developed from the Auditor-Controllers Financial Report 5 for the years 1978-79, 1979-80, and 1980-81 County Budgets and other official public records whenever e possible. 7 5 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GENERAL COUNTY FUNDS FISCAL YEARS 1978-79, 1979.80 AND 1980.81 Il 12 13 1978.79 1979.80 14 Operating Fund Operating Fund 15 18 Beginning Fund Balance ............................................ S 13,115,936 $ 21,250,146 17 Revenue: 10 Taxes ......................................................... S 45,109,005 $ 54,664,583 19 Licenses.permits and franchises .................................... 2,628,880 3,303,003 20 Fines,forfeitures and penalties ................................ .... 2,209,915 2,381,157 Y1 Use of money and propert} ........................................ 8,493,786 14,144,707 22 Aid from governmental agencies .................................... 125,181,374 134,421,648 23 Charges for current services........................................ 12,785,068 14,520,103 44 Other revenue .................................................. 1,302,672 893,975 25 Total Revenues .......................................... 5197,7I0,700 $224,329,176 28 Expenditures: 27 Salaries and employee benefits...................................... S 93,268,465 S 88,780,040 28 Services and supplies ............................................. 37,936,672 52,151,359 29 Other charges ................................................... 60,565,752 81,907,146 30 Fixed assets .................................................... 12,173,677 8,175,691 31 Depreciation and amortization ....................I—............. — — 32 Total Expenditures........ .............................. 5203,944,566 $231.014,236 33 Excess of revenues (expenditures) ................................... $ (6,233,866) $ (6,685,060) 34 Operating subsidy from General Fund to Hospital Enterprise Fund ......... — — 35 Transfers (to) from other funds—net ................................ (180,976) 33,480 38 Contribution of net assets to Hospital Enterprise Fund ................... 2,504,697 — 37 Reserve for contribution to Hospital Enterprise Fund .................... 6,814,477 30 Transfer to reserve for replacement equipment ......................... (280,422) (357,671) 3o Changes in reserves for encumbrances ................................ 10,519,694 8,294,831 40 Ending Fund Balance ...... $ 21.250.146 $ 22,535,726 4t ........................................ 42 43 M 45 48 47 A 49 50 51 52 53 54 55 65 11 57 55 59 50 51 62 57 55 p 55 AZSOLUTION NO. G�/�� 275 67 j Proof of Jane 4.1982 CONTRA COSTA-5445-6 Bo%%me of S.F.,Inc.,(415)864-2300 2 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES 4 GENERAL COUNTY FUNDS 6 FISCAL YEARS 1978-79, 1979.80 AND 1980.81 6 6 1986-81 General County Funds 0 Special 10 General) RevenutJ 11 12 Available Fund Balance(June 30)OO .................................. S 21,306,316 S 1,229,410 13 Reserves-- ....................................................... 7,423,787 4.173.612 14 Beginning Fund Balance ............................................ S 28,730,103 $ 5,403,022 is Revenues 16 Taxes .......................................................... S 61,084,603 S 2.320,852 I? Licenses,permits and franchises .... ......... .................. 2.997.734 38,589 .... . 16 Fines,forfeitures and penalties ................................ 19 Use of money and property ........................................ 16,210,711 37.228 20 Aid from other governmental agencies .............................,. 134,861,181 13,309,084 21 Charges for current services ....................................... 16,877,361 1,145,806 22 Other revenue ......... 1111.444 120,919 ......................................... 23 Total revenues .......................................... 5235,500,908 517,411,603 24 Expenditures: 25 Current: 25 General government ............................................ S 22,937,966 S 347,828 27 Public protection .............................................. 64,226,719 902,924 26 Health and sanitation ..................... 11,650,906 10,369 ..................... 29 Public assistance ............................................... 112,016.178 3,742,993 30 Education .................................................... 2,417,029 2,788,531 31 Public ways and facilities........................................ 4,750,104 11,297,151 ............................ 32 Recreation and culture................. ..I......... 22,979 33 Interest and fiscal charges ................. 1.549,977 34 Total expenditures .. 5219,571.858 $19,089.796 35 ..................................... 36 Excess of revenues (expenditures) .................................... S 15,929,050 S(1,678,193) 37 Operating subsidy from General Fund to Hospital Enterprise Fund.......... (15,115,201) — 36 Transfers (to) from other funds—net ...........................I..... 32,876 (66,843) 39 Revenues and other sources over(under)expenditures and other uses....... $ 846,725 S(1,745,036) 40 Ending Fund Balance .............................................. S 29,576,828 $ 3,657,986 41 42 QQ Fund balances at June 30, 1980 of General and Special Revenue Funds were previously reported in total as'operating" 43 Funds. 44 C include reserves,encumbrances and equipment replacement funds. 45 Source:Audit report by Arthur Young&Company,for fiscal years 1978.79,1979.80 and 1980-81. 46 47 46 49 60 51 - 62 - 53 64 56 12 57 56 59 60 62 63 - 64 6s I'-2'M'_;JT'0R t\fC`, • t 276 6 68 i7 1 hoot at aunt 4.1882 CONTRA COSTA--&M-6 Bonne of S.F.,Inc.,(415)864-2300 2 3 COUNTY OF CONTRA COSTA 4 BALANCE SHEETS AT JUNE 30, 1980 AND 1981 s GENERAL COUNTY FUNDS e 7 6 lune 30.1980 June 30,1981@ ' Governmental Fund Types 10 General County Special 11 Operatinga General@O Revenue(D 12 ASSETS 13 Cash and investments ..................................... S23.518.876 $17.185.671 S 198,925 14 Accounts receivable and accrued revenue..................... 10,588.531 8,438.440 2.924,723 1s Due from other funds ..................................... 18,584,832 23,414.012 2,071,523 15 Inventories of materials and supplies ......................... 847,221 844,042 — 17 Prepaid expenses and deposits .............................. 634.400 593.599 458,076 15 Total Assets ................................... $54.173.860 550.475,764 $5,653,247 19 20 LIABILITIES AND FUND EQUITY 21 Liabilities: 22 Accounts payable and accrued liabilities .................... $12,296.837 S 6.869,126 $ 806,685 23 Due to other funds ..................................... 7,195,896 7,689,268 1,188,576 24 State welfare program advances ........................... —0 5,508,128 — 25 Deferred revenue ...................................... 548.001 832,414 25 Total Liabilities ................................ $20,040,734 520,898,936 $1,995,261 27 Fund Equity: 28 Fund balances: 29 Reserved ........................................... $11.597,400 S 4,713,327 $2,613,395 30 Unreserved ......................................... 22,535,726 24,863,501 1,044,591 31 Total Fund Equity .. $34,133,126 $29,576,828 $3,657,986 32 Total Liabilities and Fund Equity ........................... 354,173,860 550,475,764 35,653,247 33 34 OO Included in accounts payable and accrued liabilities. 3s C^-, 38 The general county operating funds consist of the General Fund and the Road Federal Revenue Sharing and other operating funds. S7 T Commencing with the fiscal year ended lune 30, 1981,the financial statements are presented in conformity with generally 36 accepted accounting principles applicable to governments as prescribed by Statement 1 of the National Council on 39 Governmental Accounting (NCGA). The County's change in the 1980.81 fiscal year to comply with the provisions of 40 Statement I is in conformity with the effective date set forth in the Statement. 41 C As defined in the notes to Financial Statements,"The General Fund is used to account for all financial resources except 42 those required to be accounted for in another fund". 43 C Special Revenue Funds are used to account for revenues from specific resources that are legally restricted to expenditures 44 for specified purposes. 45 48 47 4a 49 51 52 53 54 65 56 13 57 55 59 60 62 63 64 6s 66 t 277 67 RESOLUTION NO. 1 Proof of June 4.1982 CONTRA COSTA-5448-6 Bowne of S.F.,Inc.,(415)864-2300 2 3 COUNTY OF CONIMA COSTA 4 ADOPTED BUDGET FOR FISCAL YEAR 1981-82 AND 5 PROPOSED BUDGET FOR FISCAL YEAR 1982.83 6 7 6 Aaopted Proposed 1981-82 1982-83 9 General County General Countv 70 Funds Budget Funds Budgets 11 12 REQUIREMENM 13 General government ...................... S 26,471,790 S 26,042,67Y 14 Public protection ........................ 73,466,974 76,586.076 15 Health and sanitation..................... 26.918,000 24 225.775 16 Public assistance......................... 126,605,275 128,611,186 17 Education ............................... 5.009,420 5.519,373 16 Public ways and facilities.................. 15,769,934 15,397,860 19 Recreation and culture.................... 85,430 88,535 20 Reserves and debt service on Dotes.......... 7,608,965 5.503,124 21 Total Requirements .............. $281,935,788 $281,974,608 22 AVAILA13LE FUNDS: 23 Property taxes .......................... S 56.661,000 S 64,637,000 24 Funds balance available ................... 12.702,536 9,889,500 25 Taxes other than current property........... 11,200,300 10,438,500 26 Licenses,permits and franchises ............ 3,622.045 3.269,500 27 Fines,forfeitures and penalties ............. 2,737,280 3,580,988 28 Use of money and property................ 15,729,772 14,261,130 29 Aid from other governmental agencies ....... 155,890,115 154,414,419 30 Charges for current services................ 20,873,940 21,042,091 31 Other revenue........................... 2,518,800 441,480 32 Total Available Funds ............ 5281,935,788 S281,974,608 33 34 QQ Adopted by the County Board of Supervisors on lune 15, 1982;the County expects to 35 adopt a final budget on July 30,1982. 36 37 36 39 40 41 42 43 44 45 46 47 46 49 60 61 52 53 54 66 57 14 56 59 6o 61 62 63 64 .. 65 278 66 R=JL3i.:llt�l - 67 2 hoot of June 4.1982 COITBA COSTA�M48-6 Bowne of S.F.,Inc.,(415)864-2300 4 Ettects of Cutbacks and Recesstun 5 The County, not unlike other local governments throughout the State, is experiencing a reduction a in overall revenues as a result of cutbacks in State and federal funds and a slowdown in the business cycle. 7 According to County officials, the reduction in revenues is not a significant proportion of the County's a 1981-52 budget. As a result of the County's continuous program of monitoring revenues and expenditures, 3 the County has been able to reduce certain discretionary expenditures as needed. The County does not 10 plan in 1951-82 to lay off any employees, eliminate any major services, or reduce any planned capital 11 expenditures. State law requires local governments to maintain a balanced budget and the County antici- 12 pates it will have no difficulty in complying with the State requirement. 13 14 County officials project that the increase in property taxes in fiscal year 1982-83 will largely offset 15 reductions in other revenue sources. It is contemplated that increases in expenditure levels due to fnffa- 16 tion will require some reduction in staffing.curtailment of services and deferment of capital projects.County 17 officials are following a conservative fiscal plan for 1982-83 by not contemplating a strong economic 16 recovery during this period. 19 20 Interftmd Borrowing and Cash Flow 21 Y2 Contra Costa County General Fund expenditures tend to occur in level amounts throughout the fiscal 23 year. Conversely, revenues (receipts) have followed an uneven pattern primarily as a result of secured 24 property tax installment payment dates in December and April and as a result of delays in payments from 25 governmental agencies, the two largest sources of County revenues. As a result, the General Fund cash 26 balance has been negative during parts of the fiscal year and in some years was covered by interfund bor- 27 rowing. while in other years the General Fund temporary deficit was alleviated by the sale of short term Y6 tax and revenue anticipation notes. The County has followed these practices since the early 1960's and 29 all such obligations were fully retired at their stated maturities. 30 31 Under the County's established accounting procedures,the first accounting period in a fiscal year eom- 14 mences on July 1 and ends on or about August 12.Each of the subsequent 10 periods covers approximately S3 30 days. Accordingly, each of the first 11 months shown in the following table reflects an actual closing 34 cash balance as of approximately the 11th day of the subsequent month;the final period is from June II 35 to June 30 only. 36 37 $a 39 40 41 42 43 44 45 46 47 44 49 60 81 52 63 54 65 66 57 15 5a 59 60 61 62 63 64 65 676 RESOLUTION Ho. - 279 6 1 Proof of June 4..1982 CONTRA COSTA-5448-6 Bowne of S.F.,Inc., (415)86423(10 2 COM``TY OF CONTRA COSTA 1 GENERAL FUND CASH FLOW ANALYSIS-FISCAL YEAR 1981.82 (ACTUAL) a a July August September October November r a BEGINNING BALANCE $15,946,129 $30,054,637 $28,334,452 $22,792,827 $12,126,116 a RECEIPTS 10 Property taxes S - S - S - $ 2,426,887 S - 11 Other taxes ......... 645,070 939,060 806,709 495,925 997,988 12 Licenses,permits and franchises 193,878 46,001 118,750 94,067 309,135 is P ..... ... Fines,forfeitures and penalties ............. 74,160 90,045 411,317 236,208 224.307 14 Use of money and property................ 67,125 67,769 29,863 19,434 3,867 1s Aid from other governmental agencies ....... 12,275,533 12,712,025 11,417,983 7,854,644 10,186.431 to Charges for current services................ 1,101,077 622,917 2,321,047 1.548.921 1,659,287 17 Other revenue ........................... 33.477 52,141 62,875 (22,634) 82,214 to Accrued revenue received 15.067,969 8.147,146 19 Tax and revenue anticipation notes sold...... 30.000.000 - - - - 20 21 Total ............................ $59,458,289 $22.677,104 $15.168,544 $12,653,452 $13,463,229 22 DISBURSEMENTS. 23 General government...................... S 4,103.987 $ 1,969,161 S 1,225,402 S 2,021,591 $ 2,096,987 24 Public protection ........................ 4,837,337 5,639,580 6,205,455 6,210,384 6,221,502 25 Health and sanitation ..................... 2,092,579 3,590,572 1,662,472 3,070,484 2,236,168 25 Public assistance......................... 14,967,824 9,2 14,674 9,602 239 9,857,860 10,056,582 27 Education .. ........................... 415,909 381,381 501,416 447,920 490,033 21 Public ways and facilities.................. 817,157 1,678,978 1,509,474 1,709,857 1,600,634 29 Recreation and culture.................... 62 142 3,711 2,067 5,883 30 Accrued expenses paid .................... 18,114,926 1,922,801 - - - 31 Tax and revenue anticipation notes pledge 32 transfers - - - 33 Total ............................ $45,349,781 $24.397,289 $20.710,169 $23,320,163 $22,707,789 34 ENDING BALANCE ...................... $30.054,637 $28.334,452 $22,792.827 $12,126,116 $ 2,881,556 as 3a TAX AND REVENUE ANTICIPATION 3r NOTES RESERVES: Beginning balance ....................... $ - S - $ - $ - $ - 35 Receipts ................ S - $ - $ - $ - $ 30 Disbursements .......................... $ - S - S - $ - $ - 40 41 ENDING BALANCE .......... .... $ - $ - $ - $ - $ - 42 43 44 45 40 47 49 49 60 a1 52 a] $4 as as 16 sr sa 59 so 62 a] u as tea a7 280 Proof of ione 4.062 CONTRA COSTA-5448.6 BoA%me of S.F.,Inc.,(415)884.2300 2 a 4 6 December January February March April hlay'T JuncG Totals 7 S 2.881,556 S(2,479,340) S 8,619,702 S(1,292.587) S (9,404,404) S(13,329,514) S(8222,165) $ 15,946,1296 10 S - $27.514,046 $ - S - $ - S 25,931.203 S 450.000 S 56.322.136 11 760.795 850.457 1.053,470 554,819 2,865,059 1,108.630 917.870 11,995.852 72 134,157 177,656 206.316 1.143 287 134,433 210.994 115.017 2.883,781 13 195.886 229,368 207,371 202,266 245,014 423,605 69.006 2.608,553 14 27,375 76.164 26.005 17.005 21,748 7,796 8,300.966 8,665,117 15 12.533.669 16.342.349 7,633.092 12.134,501 13.512.145 11,328.196 11,551.214 139,481,782 16 ').784.817 1.251,962 2,749,545 1,171,782 1.510,164 1,366.159 770.366 18,858,044 17 71,909 41,018 72,006 111.660 50,187 33,811 3,520 592,184 16 - - - - - - - 23 215,115 19 - - - - - - - 30,000.000 20 21 516,508,608 $46,483,020 $11,947,805 $15,335,320 S 18,338,750 $ 40,410,394 522,178,049 $294,622,564 22 23 5 1.838.932 5 2.030.196 5 2.077,424 $ 2.369,638 S 2.296.579 S 2,051,870 S 572,031 S 24,653,798 24 6,140,823 6,060,794 6,232,542 6,364,472 6,430,671 5,510.996 1,536,384 67,390,940 25 3,006,590 3,257,050 2,835.466 3.212.649 3,228,347 2,781,833 775,533 31,749,743 26 9,253,667 9,557.732 9,250.527 9,763,106 8,774.699 8,454,042 2,356,814 111,109,766 27 405.192 426,258 422,177 491,121 417,994 425,262 118,557 4,943,220 26 1,221,196 1,046,962 1,030,147 1,243,529 1,112,423 1,076,772 300,188 14,357,317 29 3,104 4,986 1,811 2,622 3,147 2,270 635 30,440 30 71 - - - - - - - 20,037,727 32 - 13.000.000 - - - 15.000.000 4,557,067 32,557,067 33 52].869.504 $35.383.978 $21,860,094 523.4.37.137 S 22.263,860 S 35,303,045 510.217,209 $306,830,018 34 $(2.479.340) S 8.619.702 $(1 292.587) $(9.404,404) S(13,329,514) S (8.222,165) S 3.738,675 S 3,738,6750 35 36 37 S - $ - $13,000,000 $13,000,000 $ 13,000,000 S 13,000,000 $28,000,000 $ - 12 S - $13,000,000 S - $ - $ - $ 15,000,000 S 4,557,067 S - a9 40 $ - S - $ - S - $ - $ - $32,557,067 $ - 41 $ - $13,000,000 513,000,000 513,000,000 S 13,000,000 $ 28,000,000 $ - $ - 42 43 44 45 46 47 u 49 so 61 52 63 54 65 56 '_ 17- S7 sa sa so - •t 42 63 94 65 RESOLUTION NO. 281 66 � 67 1 Roo!of fano 4.1961 CONTR4 COSTA--544S-6 Bo%%,ne of S.F.,Inc.,(415)864-2300 2 3 COUNTY OF CONTRA COSTA 4 GENERAL FUND CASH FLOW ANALYSIS—FISCAL YEAR 1982-83 (PROJECTED)- 6 6 July August September October November T 6 BEGINNING BALANCE S 3,738,675 S42,850,950 533,056,680 $24,288,035 $15,957,875 RECEIPTS. 10 Property taxes S — S — $ — S 2,669,575 S 12 Other taxes .......................... .. 687,850 1,001.350 860,200 528.820 1,064,190 13 Licenses,permits and franchises ............ 212.400 50.405 130.120 103,070 338,730 14 Fines,forfeitures and penalties ............. 98.485 119,580 546.230 313,685 297,880 15 Use of money and property................ 73,835 74,545 32.850 21,375 4.255 16 Aid from other governmental agencies....... 13.028,675 13,491,950 12,118,515 11,336.555 10,811,400 17 Charges for current services ............... 1,251,575 708.060 2,638,305 1,760.640 1,886.090 16 Other revenue,........................... 13,360 20,805 25,090 9,030 32,810 19 Accrued revenue received ................. 18,750,000 — — — — 20 Tax anticipation notes sold ................ 48,000.000 — — — — 21 Total Receipts .................... 582,116,180 515,466,695 516,351,310 516,742,750 S14,435,355 22 DISBURSEMENTS: 23 General government...................... S 3,219,910 S 2,250,170 $ 2,101.040 S 2,097,090 $ 2,175,300 24 Public protection ........................ 5,407,015 6,303,735 6,936,250 6,941,765 6,954,190 25 Health and sanitation ..................... 2,520.965 4,199,135 3,176,165 2,694,325 1,136,100 26 Public assistance......................... 16,804,645 10,345.480 10.780,605 11,067,595 11,290,705 2T Education .............................. 449,570 412.250 542,000 484,170 529,695 26 Public ways and facilities.................. 851,620 1,749,780 1,573.130 1,781,965 1,668,135 29 Recreation and culture.................... 180 415 10,765 6,000 17,070 30 Accrued expenses paid.................... 13,750,000 — — — — 31 Tax anticipation notes pledge transfers....... — — — — — 32 Total Disbursements ............... 543,003,905 $25.260,965 525,119,955 $25.072,910 $23,771,195 33 ENDING BALANCE 542.850,950 $33,056.680 S24.288.035 515.957,875 S 6,622,035 u 35 TAX ANTICIPATION NOTES RESERVES. 36 Beginning balance ....................... S — $ — $ — $ — S — 37 Receipts S — $ — S — $ — $ 38 Disbursements S — S — $ — S — S — 39 ENDING BALANCE ............. ........ $ — $ — S — $ — $ — 40 (1 Estimated. 41 TCash balance at beginning of fiscal year. 42 0 Cash balance at end of fiscal year. 44 43 .0 Excludes approximately S102 million in reserves existing at June 30, 1982 in self-insurance programs including workers'compensation, unemployment and various types of liability.Also excluded are the related estimated charges to such reserves in fiscal year 1982.83 45 (estimated to be S2.2 million).Increments to these reserves during fiscal year 1982-83 are estimated to be 53.4 million and are reflected 46 in the projected cash flow analysis. 47 C Includes estimated additional interest_ 46 49 60 51 52 53 54 as Be 18 57 s6 69 90 61 62 63 64 65 66 282 ��JvLUTIOi:R". eT 1 moor or sane 4.1982 CONTRA COSTA-5448.8 Bowne of S.F.,Inc.,(415)864-2300 2 4 a 4 December January February March April May June Totals 7 a $ 6,622,035 $ 575,955 $ (2,193,160) S(10,177,411) 5(17,539,536) 5(15,809,601) $(20,899,036) S 3,738,6750 s 10 S31,663.200 S - S - $ - S 29.854.225 S - $ 450,000 $ 64,637,000 11 811.265 906,870 1,123,350 591,620 702.000 1,182,165 978,820 10,438,500 12 147,000 194.670 226.065 1,252,745 246,330 231,190 136,775 3,269,500 13 260.135 304,600 275,390 268.610 311,245 562,550 222,598 3,580,988 14 30.110 83,780 28,605 18,705 58,390 8,575 13,826,105 14,261,130 15 13,302,650 12,345.005 10,101,405 12,878.990 13.438,550 12,023,215 12,537.509 147,414,419 153,165,460 1,423,090 2,748.524 1,331,950 1,699,810 1,552,895 875,692 21,042,091 17 28,695 16,370 28,735 44,560 207,135 13,495 1,395 441,480 is 10 - - - - - - - 18.75L•,000 - 48,000.000 20 21 $49,408,515 515,274,385 $ 14,532,074 $ 16,387,180 $46,517,685 S 15,574,085 S 29,028,894 $331,835,108 22 23 $ 1,907,610 S 2,106,020 S 2,155,010 $ 2,458,140 S 2,089,530 S 2,128,500 S 593,430 $25,281,750 24 6,864,010 6,774,555 6,966,530 7,113.995 6,047,245 6,160,010 1,717,180 74,186,480 2S 3,411,325 2,041,950 1,463,445 1.381,510 1,109,705 1,295,055 784,080 25,213,760 28 10,389,255 10,730,635 10,385,730 10,961 210 9,317,565 9,491,505 2,646,115 124,211,045 27 437,990 460,755 456,345 530,870 451,265 459,680 128,165 5,342,755 28 1,272,695 1,091,115 1,084,010 1,295,970 1,101,635 1,122,180 312,895 14,905,130 29 9,010 14,470 5,255 7,610 6,505 6,590 1,830 85,700 30 - - - - - - - 13,750,000 31 25,986,7000 - - - 24,664.3000 - - 50,651,000 32 $50,278,595 $23,219,500 S 22,516.325 S 23,749,305 S 44,787,750 $ 20,663,520 S 6,183,695 $333,627,620 33 S 575.955 S(2,193.160) S(10.177,411) S(17.539.536) $(15,809.601) S(20,899,036) $ 1,946.163 S 1,946,16300 u Ss is $ - $ - S - $ - $ - $ 24,664,300 S - $ - 37 $25,986,700 S - S - $ - $ 24,664,300 S - $ - $ - 3a $25,986,700 S - $ - $ - $ - $ - $ - $ - 2o S - S - S - S - $24,664,300 S 24,664,300 S - $ - 40 41 42 43 M 4S 46 47 49 40 a0 51 52 53 54 55 as 19 57 58 59 ao � 41 42 S3 44 a5 a RESOLUTION NO. 283 i 1 ►root 01 June 4.1987 CONTRA COSTA-5448-6 Bowne of S.F.,Inc.,(315)8642300 2 3 Employees—Salary Adjustments 4 A summary of County employee levels follows. Some employees are hired under various federally 5 funded programs. 6 COUNTY OF CONTRA COSTA 7 6 COUNTY EMPLOYEES o _ 10 As of As of 11 December 31 Permanent@ December 31 Permanent@ 12 13 1976 5,641 14 1977 .. .............. .. . . 5,716 1980 .. ........ 5,506 15 1978 5.350 1981 ..... ........ ..... 5,456 1979 ........................ 5.378 1982(April l) ....... ........ 5,534 16 17 QQ Excludes temporary,seasonal,and CETA employees,which on April 1,1982 totaled 681. 16 19 20 County employees are represented by 26 bargaining units of 17 labor organizations, the principal 21 ones being Local 1 of County Employees Association and Clerical Employees Union which, combined, 22 represent approximately 43 percent of all County employees in a variety of classifications. 23 The County has had a successful and positive employee relations program, including successful nego- 24 tiations of cost effective agreements over the years. During the past five years there have been no major 25 work stoppages of Contra Costa County employees. 26 27 During August 1979, the Board of Supervisors approved salary adjustments for over 95 percent of 26 employees effective July 1, 1979 which resulted in an average salary increase of 6.9 percent. Effective 29 July 1, 1980 County employees were granted second year adjustments averaging 7.9 percent which remained 30 in effect through June 30, 1981.New agreements in September and October 1981,raised salaries for most 31 County employees 10% effective July 1, 1981; with another raise of about 8% scheduled to be effective 32 July 1, 1982. 33 34 Retirement Programs 35 The County has a retirement plan administered by the Employees' Retirement System of the County 36 of Contra Costa which covers substantially all employees and to which contributions are made by both 37 the County and the employees. The plan provides "basic" death, disability and service retirement bene- 36 fits based on specified percentages or monthly final average salary and, in addition, provides annual cost- 39 of-living adjustments after retirement. As of December 31, 1981 there were 5,573 active general mem- 40 bers and 1,022 active safety members (police and fire).Retired members totaled 2,386. 41 42 Employer contributions are based on percentages of salaries as determined on an annual basis by 43 the County Board of Supervisors. The County's policy is to fund expected "basic" benefits over the aver- 44 age working lifetime of present members, except that unfunded prior service cost arising from plan 45 amendments, actuarial gains and losses, or other factors is funded over 30 years. Expected cost-of-living 46 adjustments are partially funded over 10-year periods. Beginning August 1, 1980 the Retirement System 47 implemented legislation whereby new general employees participate in a reduced program, paying roughly 46 half the premium and receiving half the benefits at retirement. Existing general employees were per- 49 mitted to transfer to the new program for future credit only. 60 Pursuant to the County Employees' Retirement Law of 1937, actuarial valuations are required at 51 least every three years. The County's cost of the plan for the year ended June 30, 1981 was $21,105,780 52 consisting of $14,329,884 from General County funds, $3,384,565 from the Hospital Enterprise Fund, 63 $24,695 from the Airport Enterprise Fund, and 53,366,636 from special districts under control of the 54 Board of Supervisors. These amounts include $3,982,000 contributed on behalf of employees pursuant to 65 54 20 67 56 59 60 62 63 64 65 66 �;�..u-lcc,n�,, 284 67 1 hoot or 4u4o A.1967 CONTB k COSTA--5448-6 Bowne of S.F.,Inc.,(415)864-2300 2 3 the terms of resolutions adopted by the Board of Supervisors,under which the County is paying a portion 4 of the retirement contributions normally required of the majority of its employees for various periods 5 beginning during the 1977-78 fiscal year. 6 For the year ended December 31, 1981 total contributions and earnings to the Retirement Fund 7 were $48.8 million with payment to current retired employees of $20.9 million. The County's Retirement 6 Fund is approximately 80 percent funded 7 t0 Long'Terra Otiliganorn 1t 12 General Obligation Debt 13 The County has never defaulted on the payment of principal or interest on any of its indebtedness. 14 As of July 1, 1982, the County of Contra Costa has no direct general obligation bonded indebtedness, is the last issue having been redeemed in fiscal year 1977-78.The County has no authorized and unissued debt. 16 17 Lease Obhgatlons 16 Contra Costa County has made use of various lease arrangements with joint powers authorities,non- 19 profit corporations, and the County Employees' Retirement Association for the development of capital 20 projects.The projects are then leased to the County for a period of 25-30 years.The last capital lease ends 21 June 30,2002.As of July 1. 1982 total base rentals payable as pledged security over the remaining life of 22 these issues are estimated to be 522,752,125. A summary of base rental payments, and total future lease 23 payments is shown below. 24 COUNTY OF CONTRA COSTA 25 26 SUMMARY OF LEASE RENTAL OBLIGATIONS 27 25 Total Future 29 Annual Lease Payments Base as of July 1, 30 Rental 1982 31 32 Contra Costa County Employees'Retirement Association...... $ 687,126 $ 4,093,117 33 Other Major Building Leases0 ........................... 469.450 8,759.008 34 Contra Costa County Public Facilities Corporation ........... 660.0002) 9.900.0000 35 Total ...................................... $1,816,576 $22,752,125 36 37 0 Includes Contra Costa County Juvenile Facilities Corporation 36 OEstimated. Includes the proposed Facility Lease (Project Phase 1) only, and does not include 39 future contemplated leases.even it entered into prior to July 1,1982. 40 41 The Contra Costa County Employees'Retirement Association owns and leases to the County I I facilities. 42 43 The County has an option to purchase each of the properties under lease/purchase agreements 44 with the Employees'Retirement System at any time during the term of each lease for the remaining amount 45 of the capital lease obligation, subject in some cases to a premium ranging from 5 percent to 9.5 percent. 45 In the event the County does not exercise its option to purchase a building, the Retirement System has the 47 option to purchase the County land on which the building is located at the fair market value at the time 43 the lease terminates. The other major building leases also contain purchase options at the termination of 49 the leases for nominal purchase prices, or provide for automatic vesting of title in the County. 50 51 Overfapphig Debt 52 Contra Costa County has no direct general obligation bonds outstanding. However, the County does 53 have lease revenue obligations. In addition, the County contains numerous municipalities, school districts, 54 and special purpose districts as well as the overlapping Bay Area Rapid Transit District and East Bay 55 55 21 67 se 59 60 61 62 63 64 65 as 67 RESOLUTION NO. 28s 7 hoot or,lone 4.1987 CONTRA COSTA--5418-6 Bowne of S.F.,Inc.,(415)864-2300 2 Municipal Utility District which have issued general obligation bonded indebtedness. A statement of over- 4 lapping debt is presented below. Some of the issues may be payable from self-supporting enterprises or 5 revenue sources other than property taxation. 8 T COUNTY OF CONTRA COSTA e ESTIMATED DIRECT AND OVERLAPPING BONDED DEBT a 10 Full Cash Value (1981.82) ......... .. . . S21,648,197.423 11 Population .. ...................... ... .... 665,200y 12 13 Debt Applicable July 1.19820 14 Percentage Amount 15 — 16 Contra Costa Count .. ............................................ 100.000% S — 17 Contra Costa County Juvenile Facilities Corporation0 .................... 100.000 1.705.000 18 Contra Costa County Public Facilities Corporation 40 —.................. 100.000 4,500.000 Bay Area Rapid Transit District ...................................... 34.099 215,164,690 19 East Bay Municipal Utility District ................................... 40.326 51,128.932 20 School Districts and School Building Corporations........................ OO 39,150,000 21 Special Districts ......................................... ......... QQ 61,946,380 22 Cities and Special Districts 1915 Act Bonds ............................: 100.000 32.829,000 23 Cines and City Lease Purchase Obligations ............................ 100.000 54,020.000 24 Total Gross Direct and Overlapping Bonded Debt .................... $460,444.002 25 Less: Self-Supporting City,Water and Special District Bonds(Estimated) ... (8,500,000) 25 East Bay Municipal Utility District(100Sc Self-Supporting) ... .. (51,128,932) 27 Total Net Direct and Overlapping Bonded Debt...................... $400,815,070(D 28 29 Ratio to 30 Full Cash Per 31 Value Capita 32 33 Direct Bonded Debt (Includes County Lease Revenue Obligations)G .......... 0.03% S 9 S4 Total Gross Direct Bonded and Overlapping Debt.......................... 2.13 692 35 Total Net Direct Bonded and Overlapping Debt ............................ 1.85 544 38 Full Cash Value ......... .........I.............................. — 32,544 37 C January 1,1982 State Department of Finance estimate 38 C Excludes sales, it and-, between June 1, 1982 and July 1. 1982.Also excludes revenue bonds,mortgage revenue bonds, 39 refunding bonds,tax allocation bonds,and amounts payable under State water contracts 40 C Various,mostiy 100 percent. 41 Q A County lease rental obligation. 42 ©Excludes$48,000,000 Tax Anticipation Notes payable in fiscal year 1982.83 43 ©Contra Costa County has no direct general obligation bonds outstanding. 44 45 4a 47 THE COUNTY 49 County Government 49 50 Contra Costa County was incorporated in 1850 as one of the original 27 counties of the Stale with 51 the City of Martinez as the County Seat. It has a general law form of government. A five-member Board 52 of Supervisors elected to four-year terms serves as the legislative body. Also elected are the Assessor, 53 Auditor-Controller, Clerk-Recorder, District Attorney-Public Administrator, Sheriff-Coroner, and Treasurer- 54 Tax Collector. A County Administrator appointed by the Board of Supervisors runs the day-today 55 business. 58 57 22 58 59 81 82 - 83 _ 64 55 NO. 286 86 8T 1 ♦roof or June 4.1682 CONTRA COSTA-5448-6 Bowne of S.F.,Inc.,(415)861-2300 2 3 Contra Costa County is one of the nine counties in the San Francisco-Oakland Bay Area. It covers 4 about 733 square miles and extends from the northeastern shore of San Francico Bay easterly about 20 6 miles to San Joaquin County. Contra Costa is bordered on the south and west by Alameda County and 6 on the north by Suisun and San Pablo Bays. The western and northern shorelines are highly industrialized 7 while the interior sections arc suburban/residential, commercial and light industrial. A large part of the 6 interior is served by the Bay Area Rapid Transit District (BART) which has motivated a rapid expan- 9 sion of residential and commercial development 10 Industry and hmployment 11 Most of the heat~ manufacturine is located alone the north shore of Contra Costa County fronting 12 on the Suisun and San Pablo Bays leading to San Francisco Bay and the Pacific Ocean. Major products 13 are petroleum refininc, steel manufacture, prefabricated metals, chemical, electronic equipment, paper 14 products and food processing. Descriptions of major industries and companies follow. 15 Petroleum products manufacturing formed the initial basis of industrial development in the County. 16 Currently four companies manufacture products from crude oil. The largest in terms of capacity is Chev- 17 ron USA (Standard Oil Company of California)—Richmond Refinery which began operations in 1901. 16 The Chevron refinery, located on 3,000 acres, has a capacity of 365,000 barrels per day and manufactures 19 a complete line of petroleum products. The bulk of the crude oil is from Alaska.Shipping facilities include 20 the company's own wharf, which is capable of handling four tankers at a time,making it the largest in the 21 Bay arca in terms of tonnage. Chevron operates a fleet of 53 tankers of which nine are for intrastate busi- 22 ness. Petroleum products are also shipped by truck and by nvo railroad carriers. Standard Oil recently z3 announced plans to construct a $440 million lubricating oil plant to modernize the facilties at the Rich- 24 mond Refinery. 25 26 Chevron USA operates the Ortho Division of Chevron Chemical Company in Richmond, which man- 27 ufactures pesticides,fertilizers and chemicals for agricultural and nonagricultural purposes.Chevron Research 26 Company is also located in Richmond and is the only non-geological research arm of the company. A 29 new $15 million research center is currently under construction. The facility will be used by Chevron 30 Research in its continuing program to improve the efficiency of conventional auto, aircraft and marine 31 fuels. Chevron Accounting Division is located in Concord. It serves as the finance and computer facility 32 for Chevron USA's entire domestic operations. The Accounting Division is quartered in a new 400,000 33 square foot building which was completed in early 1982. Chevron USA personnel involved in exploration, i4 land and production (totaling 500 employees) are temporarily quartered in the new Concord facility pend- 35 ing construction of the 143-acre, 1.6 million square foot office complex planned in San Ramon. The San 35 Ramon facility will house some 6,000 employees involved in computer and other functions. 37 Total employment in the County for Chevron USA is broken down as follows: Richmond Refinery- 36 2,300;Accounting-2,175;Research-1,515;Exploration,Land and Production-500;Ortho Division-725. 39 Shell Oil Company began operating in Martinez in 1915.The Shell Oil and Chemical Martinez Man- 40 ufacturing Complex, located on 1,100 acres, is a combination oil refinery and industrial chemical manu- 41 facturing unit. It is one of three Shell facilities on the West Coast which supplies all Shell products to the 42 westem states. The complex has the capacity to process 120,000 barrels of crude oil per day. About one- 43 half the crude oil is transferred via the company's pipeline from California oil fields while the other half is 44 shipped from Alaska. Shell's docking facilities can handle two tankers and two barges simultaneously.Fin- 45 ished petroleum products are shipped out via a company-owned pipeline,Southern Pacific Railroad's pipe- 46 line and via railcars and trucks. In late 1980 Shell Oil commenced a $300 million modernization program 47 which increases output of gasoline and turbine fuel refined from higher sulphur content domestic crude oil. 48 Shell employees in Contra Costa County total 1,245, of which 1,110 work at the Martinez complex 49 and a small Pittsburg operation. In addition Shell Oil and Chemical operates a business office in San 60 Ramon employing 135. 51 52 Union Oil Company operates an oil refinery at Rodeo between the cities of Richmond and Martinez 63 and distribution terminal for Northern California at Richmond. The oil refinery, which began operations 54 in 1896, occupies 1,100 acres and processes up to 100,000 barrels of raw materials per day. Union's dock- 55 ine facilities can handle tankers up to nine million gallons. There are 520 full-time employees at the 66 refinery and 85 at the distribution terminal. 67 23 66 59 60 61 62 - - 63 6! 65 66 287 I Proof of June 4.1987 CONTRA COSTA-5448.6 Bowne of S.F.,Inc.,(415)864-2300 2 Tosco Corp. operates the 126,000 barrels per day capacity refinery at Avon. The refinery, which has 3 been in operation since 1910, uses crude oil from the North Slope of Alaska and the heaviest crude oil 4 from California oil fields and refines it into high grade light fuel products. It is located on a 2,200-acre 6 site and employs 755 people. 6 7 U.S. Steel-Pittsburg Works began operations in 1910 in Pittsburg. It currently operates a finishing 6 mill, wire mill, sheet mill and tin mill. The company owns approximately 3,000 acres of which about 1 1,000 are occupied by facilities. The company ships its products either by three railroad lines,ocean going 10 vessels or via trucks.Its employees total 1,600 11 In the 1960's Contra Costa County developed as a center of light manufacturing, primarily in the 12 electronics industry. The largest of these companies is Systron-Donner. The company began operations in 13 Concord in the early 60's and is now located in four buildings on 23 acres and employs 930. A number 14 of the heavy industry companies have located research and/or office divisions in the suburban centers of 1s San Ramon, Concord, and Walnut Creek. The table on page 25 lists certain major employers in Contra 18 Costa County. t7 In addition to the manufacturing employment base, Contra Costa County has a large and rapidly 16 growing commercial, business and services industry. Several large firms, including Bank of America and 19 Pacific Telephone, have recently announced plans to build new facilities in the County. A substantial 20 21 portion of Contra Costa's work force commutes to San Francisco primarily to white collar jobs in the 22 City's financial district. 23 Four major job categories comprise 76 percent of Contra Costa County's work force. They are retail 24 trade (22.2 percent), services (20.6 percent), government (19.2 percent), and maufacturing (14.0 per- 25 cent). During the past five years from 1977 through 1981 finance, insurance and real estate was the fast- 26 est growing major category increasing by 48 percent, followed by a 30 percent increase in services and a 27 25 percent growth rate in wholesale trade. In contrast, agricultural employment declined by 15 percent. 28 Overall in the past five years total employment rose 15.4 percent while population increased 7.8 29 percent. As of March 1982, based on unadjusted data,unemployment in the County was 7.4 percent com- 30 pared to 9.7 percent for the State and 9.5 percent for the U.S. 31 u COUNTY OF CONTRA COSTA 33 LABOR MARKEC SURVEY 94 (in thousands) 15 68 1977 1978QQ 19790 19800 1981 97 38 Mining and construction........... 11.0 12.5 13.8 14.1 13.4 32 Manufacturing .................. 26.5 264 275 27.1 28.4 40 Chemicals .................. 4.1 3.9 3.9 3.6 3.8 Petroleum 5.0 5.0 5.3 5.4 6.9 41 Other nondurables . 6.2 6.0 5.9 5.8 5.7 42 Durable goods ....... ....... 11.2 11.5 124 12.3 12.0 43 Transportation and public utilities ... 97 i0.4 10.9 11.8 12.0 44 Wholesale trade.................. 7.1 7.6 7.9 8.7 89 45 Retail trade ........... .. 38.5 42.0 43 8 44.1 45.2 Finance,insurance and real estate ... 8.7 10.2 11.5 11.9 12.9 48 Services ....................... 32.3 36.6 38.3 40.0 42.0 47 Business services ............. 6.1 7.0 7.9 8.4 8.8 48 Health services .............. 9.6 10.2 11.0 11.4 11.9 49 Other services ............... 16.6 19.4 194 20.2 21.3 b0 Govemment 40.5 40.4 38.9 39.7 390 Agriculture ..................... 2.0 1.9 18 1.7 1.7 51 - 52 Total ................ 176.3 186.8 194.3 199.0 203.5 53 OO Total does not add due to independent rounding 54 Source:State Department of Employment Development. 55 56 24 57 68 69 60 62 63 64 65 56 - 67 ^`--UTION NO. 288 1 Proof of,tune 4.1962 CONTRA COSTA-5448-6 Bowne of S.F.,Inc.,(415)864-2300 2 COUNTY OF CONTRA COSTA s 4 MAJOR INDUSTRIAL EMPLOYERS WrITI OVER 500 EMPLOYEES a 6 Firm Location Product Employment 7 6 Chevron USA,Inc 2 Refinery ................. Richmond Petroleum products ............ 2,300 10 Accounting Division...... Concord ........... ....... Finance...................... 2,175 11 Research Company ........ Richmond ................. Research ..................... 1,515 12 Chemical-Ortho ........... Richmond Chemicals,fertilizer ............ 725 13 Exploration.Land and Production ........ Concord ...... ........................................ 500 14 15 7,215 16 Safeway .... ....... ... .. Contra Costa County......... Retail food outlet .............. 3,545 17 U.S.Steel .................. Pittsburg Steel products................. 1,600 to California 3 Hawaiian Company Crockett ................... Sugar refinery................. 1,330 Shell Oil Company .......... Martinez,San Ramon........ Petroleum products,administration 1,245 19 Naval Weapons Station .... .. Concord ................... Munitions depot ............... 1,165 20 Svstron-Donner ............. Concord ................... Electronics ................... 930 21 Dow Chemical,U.S.A. ....... Pittsburg,Walnut Creek ...... Chemicals,research,sales ....... 830 22 Tosco Corp. ................ Avon ..................... Petroleum products ............ 755 23 Union Oil of California....... Rodeo,Richmond ........... Petroleum products ............ 605 Stauffer Chemical Company ... Richmond.Martinez.Pittsburg. Chemicals,research ............ 600 24 Louisiana Pacific-Fibreboard .. Antioch ................... Kraft,linerboard,containers ..... 550 25 26 Source.Bank o1 America Public Finance survey,March 1982. 27 26 29 Environmental Control Services 30 Water Supply: The East Bay Municipal Utilities District (EBMUD) and the Contra Costa County 31 Water District supply residents with water. 32 39 EBMUD, the second largest retail water distributor west of the Mississippi,supplies water to the west- 34 ern part of the County. Ninety-five percent of its supply is the Mokelumne River stored at the 68 billion 35 gallon capacity Pardee Dam. The District is entitled to 325 million gallons per day under a contract with 06 the State Water Resources Control Board, plus an additional 325 million gallons per day under a contract 97 with the U.S. Water and Power Resources Service (formerly the U.S. Bureau of Reclamation). The Dis- 38 trict does not plan to draw on its federal entitlement for the foreseeable future. Currently the District's 39 water supply is sufficient. 40 The Contra Costa County Water District obtains its water from the Sacramento-San Joaquin Delta. 41 It is entitled under a contract with the U.S. Water and Power Resources Service to 195,000 acre-feet per 42 year. Water sold has ranged between 80,000 and 110,000 acre-feet annually. In addition, a number of 43 industrial users and several municipalities draw water directly from the San Joaquin River under their 'w own riparian rights,so that actual water usage in the service area averages about 125,000 acre-feet annually. I The District states its water supply is sufficient for the foreseeable future and has no plans to bring in 46 additional supplies. 47 48 Sex•erage: Sewer services for the County are provided by approximately 20 sanitation districts and 49 municipalities. Federal and State environmental requirements plus grant money available from these two 50 sources have resulted in about 14 agencies upgrading, expanding and/or building new facilities. 51 Flood Control: The Contra Costa County Flood Control District has been in operation since 1951 52 to plan, build,and operate flood control projects in unincorporated areas of the County except for the Delta as area on its eastern border. The Delta is interspersed with inland waterways which fall under the jurisdic- 54 tion of the U.S. Corps of Engineers and the State Department of Water Resources. The District has one 55 66 25 57 58 60 60 a1 62 67 64 65 66 67 AEsv��, QtVtoo- 289 1 Picot of Jane 4,1992 CONTRA COSTA-5448-6 Bowne of S.F.,Inc.,(415)864-2300 2 3 major project under construction-a $25,000,000 project in the vicinity of Concord. The District's por- 4 tion of the cost is 51,850,000; the rest is provided by the Corps of Engineers, the project builder. The 5 County has experienced no major flooding in urbanized areas since October 1962. 6 7 Population 6 Population in Contra Costa County reflects the County's growth as a manufacturing center in the 9 early 1900's and as a light manufacturing and suburban center beginning in the 1950's. Population rose 10 almost 200 percent in the 1940's, due mostly to wartime industry in the City of Richmond. During the 11 50's and 60's, population increased 37 percent each decade. The 1970's saw a slower growth rate of about 12 17 percent. The table below shows a 40-year history of the County's population growth. 13 14 Papulation centers in Contra Costa County fust developed in the coastal cities of Richmond, Mar- is tinez, Pittsburg, and Antioch. Heavy manufacturing provided the major impetus for population growth. 16 Three other unincorporated towns, Lafayette, Orinda and Moraga, became prime residential areas when 17 access to Oakland and San Francisco was improved by the opening of the Caldecott Tunnel in 1937. 16 The cities of Walnut Creek and Concord grew rapidly during the 1960's and 70's. While both cities 19 have an economic base of light manufacturing, their population growth came about from opening of high- 20 ways primarily to San Francisco and in the 70's from the establishment of rapid transit (BART). 21 22 According to the Sales and Marketing Management magazine 1981 Annual Survey of Buying Power, 23 median household effective buying income was $25,640 for the County compared to $21,322 for the State. 24 25 COUNTY OF CONTRA COSTA 48 POPULATION 27 26 Special Census 29 City-Area 1940 1950 1960 1970 1975 1980 1982 30 31 Antioch 5,106 11,051 17,305 28,060 33,215 43,559 44,100 32 Brentwood.......... - 1,729 2,186 2,649 3,662 4,434 4,680 33 Cla)1on ............ - - - 1,385 1,790 4,325 4,350 34 Concord ........... 1,373 6,953 36,208 85,164 94,673 103,251 101,100 35 El Cerrito .......... 6,137 18,011 25,437 25,190 22,950 22,731 22400 Hercules ........... 343 343 310 252 121 5,963 6,475 36 Lafayette ........... - - - 20,484 19,628 20,879 22.250 37 Martinez 7,381 8,268 9,604 16,506 18,702 22,582 23,550 38 Moraga ............ - - - 14,205 14,418 15,014 14,700 39 Pinole ............. 934 1,147 6,064 15,850 15,337 14.253 14,300 40 Pittsburg ........... 9,520 12,763 19,062 20,651 24,347 33,034 35,050 Pleasant Hill ........ - - - 24,610 25,398 25,124 26,650 41 Richmond .......... 23,642 99,545 71,584 79,043 70,126 74,676 74,900 42 San Pablo .......... - 14.476 19,687 21,461 19.392 19,750 20,700 43 Walnut Creek ....... 1,578 2,420 9.903 39,844 46,034 53,643 55,200 44 Unincorporated...... 44,436 122.278 191.680 163.035 173.036 194,034 194,795 45 Total County.. 100,450 298,984 409,030 558,389 582,829 657,252 665,200 46 California .......... 6,907,387 10,586,223 15,717,204 18,136,045 21,185,000 23,668,562 24,423,087 47 48 Sources.U.S.Census. 1940.1980;State Department of Finance. 1975 and 1982. 49 60 51 Commercial Activity 52 Commercial activity forms an important part of Contra Costa County's economy. Between 1977 and 53 1981 taxable retail sales rose 27 percent. The table below shows the County's taxable transactions for 54 1977 through 1981. 55 ail 26 ST 68 59 6o 41 - 62 63 64 65 67 290 )TIO6j Rio 1 ►root of June 4.1982 CONTRA.COSTA-544116 Bovine of S.F.,Inc.,(415)864-2300 2 3 Much of the County's commercial centers are concentrated in centra] business districts of the cities 4 and unincorporated towns. In addition four regional shopping centers and numerous smaller centers serve 6 County residents. The regional centers located in the cities of Richmond, Concord, Walnut Creek, and e Antioch each are anchored by at least three major stores.The largest is Sun Valley Shopping Center which 7 opened in 1967. Macy's, Sears, Penney's, Mervyn's and Emporium-Capwell serve as anchors;total number e of stores is 130. 9 10 The County is served by all major banks. They include (number of branches in parentheses) Bank of 11 America NUSA (24), Security Pacific (7), Wells Fargo (19), Crocker National (9), First Interstate (6), 12 and Hibernia (8). In addition there are numerous smaller banks and branches of smaller California and 13 foreign banks. There are over 30 savings and loan associations in Contra Costa County including Home 14 Savings. Great Western, San Francisco Federal and California Federal. 1s 16 COUNTY OF CONTRA COSTA 17 TAXABLE TRANSACTIONS 1e (in thousands of dollars) 19 20 21 1977 1978 1979 1980 1981 22 --- 23 Apparel stores ................. $ 93,487 $ 10.3,386 S 113.179 S 124,452 S 131.928 24 General merchandise stores ........ 417,800 456.539 473,509 520,946 548,544 25 Specialty stores .................. 120,895 138,982 167,666 186,679 205,402 26 Food stores .................... 159,633 176,138 203,515 211,301 288,989 27 Package liquor stores ............. 44.638 46.829 55,523 56.789 57,605 2e Eating and drinking places....... . 162.981 190,357 214,864 237,863 261,551 29 Home furnishings and appliances ... 95,878 111.675 141,543 138,325 145,254 30 Building materials and farm 31 implements .... ............ . 129,918 159,671 188.388 210.660 192,685 32 Service stations .................. 798,928 670,422 923,414 1,064,817 734,819 33 Automobile,boat,motorcycle and S4 plane dealers and pans outlets .... 326.856 368.093 395.299 373,061 412,385 35 Total Retail Outlets $2,351,014 52,423,092 52.876.900 $3,124,893 52,979,162 35 Business and personal services ...... $ 62.560 S 77,658 $ 88.530 $ 98,263 $ 112.220 37 All other outlets ................ 444.983 519.627 659,152 756.152 850,637 38 Total All Outlets ........... $2.858,557 $3,020,377 $3,623,582 53,979,308 $3,942,019 39 40 Source.State Board of Equalization. 41 42 43 Construction Activit% 4< 4s The value of building permits issued in Contra Costa County totaled $433,829,000 in 1981 a 6.7 46 percent decrease from the prior year when permits totaled $464,979,000. Since 1977 residential building 47 permits have accounted for more than hal( of the total valuation of permits issued. Single family permits 48 have typically comprised 80 percent or more of new dwelling units authorized. Over the past five years 49 permits have been issued for 26,749 single family homes valued at 51,299,913,000 and 4,980 multiple 6o family dwelling units valued at $124,869,000. Approximately one-third to one-half of the single family 51 permits were issued in the unincorporated areas of the County. 52 53 S4 55 Be 27 57 se 69 eo 61 62 e3 64 65 ell 29.1 37UJTION NO. 1 Froot of June 4.1982 CONTRA COSTA--5448.6 Bowne of S.F.,Inc.,(415)864-2300 2 3 The followine table provides a five-year summary of building permit valuations and number of new 4 dwelling units authorized in the County since 1977.The high for single family building permits occurred in 5 1977. Part of the increase was due to the threat of a building moratorium in the city of Antioch which 6 accelerated permit application filings. 7 6 COUNTY OF CONTRA COSTA a BUILDING PERMIT 'VALUATIONS 10 11 12 1977 1978 1979 1980 1981 13 14 Valuation(in thousands) 15 Residential ...... ............. $424.604 $284,976 $327,107 $306.175 $227,924 16 Nonresidential ................. 101.762 130,012 129,187 158.804 205,905 17 Total $526.366 $414,988 $456.294 $464,979 5433,829 18 New Dwelling Units. 19 Single family .................. 9.059 4,993 5,608 4,566 2,523 20 Nfuhiple family ................ 1.345 1.415 781 854 585 21 22 Total .................. 10,404 6,408 6,389 5,420 3,108 23 24 Source:"California Construction Trends,"Security Pacific National Bank. 25 26 27 Transportation 28 Availability of a broad transportation network has been one of the major factors in the County's economic 29 and population growth. Road transportation on Interstate 80 connects the western county to San Francisco, 30 Sacramento and points north to Interstate 5, the major north-south highway from Mexico to Canada. 31 Interstate 680 connects the central county communities to the rest of the Bay Area via State Route 4 and 24, sz major east-west arteries. 33 34 AC Transit, a daily commuter bus service based in Oakland, connects Contra Costa communities to 35 San Francisco and Oakland. Central Contra Costa Transit Authority (CCCTA) was formed in 1981 to 36 provide local bus service to the central area of the County. CCCTA is currently providing service in 37 Walnut Creek and plans to start service to other central County areas in June 1982.Since 1974 Bay Area 36 Rapid Transit System (BART) with two main lines, one to Richmond and the other to the Concord/ 39 Walnut Creek area, connects the County to Alameda County, San Francisco and Daly City in San Mateo 40 County. Other bus and rail passenger service is provided by Greyhound, Trailways Bus, and AMTRAK. 41 The Santa Fe and Southern Pacific Railroads'mainlines servic7 Contra Costa County,both in the industrial 42 coastal areas and the inland farm section. 43 The Port of Richmond on San Pablo Bay and several privately owned industrial docks on both 44 San Pablo and Suisun Bays serve the heavy industry located in the area. The Port of Richmond, owned 45 and operated by the City, now covers 250 acres and plans to add 100 more. The first phase of a new 46 container terminal covering 16 acres has been completed and is being operated by Matson Terminals, Inc. 47 The Port handled 1,092,867 short tons in 1981,down sliehtly from 1,189,032 in 1980.The majority of the 48 19 shipments are bulk liquid with the remainder being scrap metal and autos. 5o Private terminals near Richmond handled 17,423,284 short tons in 1981.The largest shipper is Chevron: 51 15,736,089 short tons at its modern pier. 52 53 Major scheduled airline passenger and freight transportation for County residents is available at 54 either Oakland or San Francisco International Airports, located about 20 and 30 miles, respectively, from 55 the County. In addition there are two general aviation fields, one at Antioch and the other at Concord. ss 2 57 8 54 59 60 61 62 63 64 - 65 666 _ 292 T - --- �1O�P1O. 1 Proof o1 June A.1997 CONTRA COSTA-54486 Bowne of S.F.,Inc.,(415)8642300 2 3 Agriculture 4 b Agriculture is concentrated in the eastern hall of the County. Major individual products in terms a of 1981 dollarvalue are: beef cattle (S7.7 million), milk ($5-3 million), tomatoes ($4.6 million), 7 bedding plants (S4.1 million), indoor plants ($3.7 million),walnuts ($3.3 million), roses (83.3 million), 9 wheat (53.0 million),sugar beets (S2.7 million) and asparagus ($2.2 million). 7 10 COUNTY OF CONTRA COSTA 11 AGRICULTURAL. PRODUCTION 12 13 1977 1978 1979 1980 1981 14 15 Nursery products ............... 512.172,700 512.612,900 515,713,800 $16,979.300 515,718,000 76 Livestock and poultry............ 7.442.420 11,883.000 13.667.000 9.519,140 8,141,840 17 Field crops .................... 8,011.700 11.355,000 13,824,700 12,919,700 13,677,500 is Vegetable and seed crops......... 11.566,000 9;288,300 11,058.400 10,667,000 9,526,200 19 Fruit and nut craps ............. 6,214,700 7,843,000 7,310,670 6,933,000 8,291,200 20 Livestock,apiary and poultry 21 products .................... 4.106,370 2.979.760 3.585.750 4.589,430 5,403,350 22 Total ....... . 549,513,890 555,961.960 $65,160,320 $61,606.870 560,758,090 23 24 Source:Contra Costa County Department of Agriculture. 25 26 Education and Community Services 27 29 Public school education is available through ten elementary,two high school and seven unified school 29 districts. In addition there are a number of private schools in the County. School enrollment in the Fall J0 1981 was about 117,907 in public schools. 31 The Contra Costa County Community College District has three campuses, one at Richmond, one 32 at Pleasant Hill and one at Pittsburg. California State University at Hayward opened a branch campus, 93 called Contra Costa Center, in the City of Pleasant Hill in the Fall of 1981. The Center currently offers 34 late afternoon and evening classes in business, education and liberal arts. St. Mary's College of California, 35 a four-year private institution,is located on a 100-acre campus in Moraga. Also located within the County, 36 in Orinda,is John F. Kennedy University.In addition County residents are within easy commuting distance 97 of the University of California at Berkeley. 39 39 There are nine privately operated hospitals and two public hospital districts in Contra Costa County 40 with a total of 1,900 beds.Three of the private hospitals are run by Kaiser Permanente,the largest health 41 maintenance organization in the United States. The Veterans Administration operates a 443-bed facility 42 in the City of Martinez. 43 44 45 46 47 49 49 Bo a1 52 43 54 65 b6 67 29 ae E9 60 61 62 63 64 65 66 57 2�?3 REST{TION NO. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on .1,- a 19a9 ,by the following vote: AYES: Supervisors Powers, Fanden, and Schroder. NOES: None. ABSENT: Supervisors Torlakson and McPeak. ABSTAIN: None. SUBJECT: 1962/83 COUNTY JUSTICE SYSTEM SUBVENTION PROGRAM AND RELATED CONTRACTS The Board having received a June 2, 1982 report from the Contra Costa County Justice System Subvention Program Coordinator (transmitted by the County Administrator) on the subject of the implementation of the 1982/83 County Justice System Subvention Program, approved by the Board of Supervisors April 20, 1982, requesting that the County Administrator or his designee be authorized on behalf of the County to execute those contracts required to implement approved projects so that they may continue to provide services without interruption. IT IS BY TUE BOARD ORDERED that the said report is hereby accepted and the following recommendations are adopted: 1. The County Administrator or his designee is authorized to execute on behalf of the County those contracts required to implement the following approved projects: Organization Amount Not To Exceed Criminal Justice Agency of Contra Costa County $181,731 Brentwood Police Department 89,981 Friends Outside 38,880 La Cheim School 99,480 Children's Home Society 230,864 Battered Women's Alternatives 26,554 2. That each contract contain a condition that it is terminated without notice should funds not be appropriated within the final 1982/83 County Budget. ibarnoy cane that this is a true and correct copyot an 80i*il tlYM end entemd on the minutds of the Bowd of Supswisws as the date show.i ATTES Et1: _. JUN 8 R J.N.OLSSCNJ,WUNTY CLERK end ex oific,'o Mrk of the Board B� Deputy Orig.Dept.: County Administrator's Office CC: Criminal Justice Agency County Auditor-Controller's Office 294 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Ju"e -, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors McPeak, Torlakson ABSTAIN: None SUBJECT: Approval of a Joint Exercise of Powers Agreement between the Counties of Contra Costa, Alameda, Santa Clara, and San Mateo, and Authorization to the Auditor-Controller to issue a Warrant for 55,000 to Alameda County from Road Administration Funds `#•0676-6P1982 WHEREAS, a local motor vehicle fuel tax is allowable under the provisions of Part 4 (commencing with Section 9501) of Division 2 of the Revenue and Taxation Code; and The Counties of Contra Costa, Alameda, Santa Clara, and San Mateo desire to coordinate legislative advocacy in the determination of the public vote required to implement the local option. THEREFORE, the above-named Counties have agreed to form a Joint Pot•,ers Agency, frith Alameda County as lead, to administer a contract with D. J. Smith & Associates and Valentine, Inc., both of Sacramento, to provide legislative advocacy. The Counties have agreed to share the financial responsibility equally. Tire County of Contra Costa's share is $5,000 to be paid from the Public Works Road Administration Fund. The Director of Public Works recommends that the Joint Exercise of Powers Agreement be APPROVED and that the Board AUTHORIZE the Auditor-Control- ler to issue a v.arrant in the amount of $5,000 to Alameda County for payments authorized under said Agreement. IT IS BY THE BOARD ORDERED that a Joint Exercise of Powers Agreement between the Counties of Contra Costa, Alameda, Santa Clara, and San Mateo is APPROVED and the Chair is AUTHORIZED to execute same, and the Auditor-Control- ler is AUTHORIZED to issue a warrant for 55,000 to Alameda County from Road Administration Funds (#0676-6P1982) under the terms of the Agreement. thereby certify that this Is alive andcorrectcopyot an action taken and entered on the minUM Of the Board of Supervisors on the date shoWL ATTESTED: JUN 8 1982 J.R.OLSSON,COUNTY CLERK and ex officio Clerk of the Board 8y .Deputy Orig.Dept.: Public Works (A:imin. Svcs.) cc: P.W.Administrative Svcs. P.W.Accounting Auditor Controller Alameda County (via Pi:') Santa Clara County (via Pk') San Mateo County (via ?:!) wrg.bojepa2.t6 295 HE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORW Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: ABSENT: Supervisors Torlakson, McPeak ABSTAIN: SUBJECT: Appointments to the Association of Bay Area Governments Executive Board The Board having received a May 25, 1982, letter from Revan A. F. Tranter, Executive Director, Association of Bay Area Governments (ABAG), advising that the terms of office of Contra Costa County's two representatives and two alternates on the Executive Board will expire on June 30, 1982; IT IS BY THE BOARD ORDERED that the following Supervisors are REAPPOINTED to the Executive Board of ABAG for two-year terms commencing July 1, 1982: Supervisor T. Torlakson Supervisor T. Powers, alternate Supervisor N. C. Fanden Supervisor R. I. Schroder, alternate t heraby eerfify that this is a true endeonect eopyof an action taken end entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUN 81982 J.R.OLSSON,COUNTY CLERK nd ex officio Clerk of the Board 8Y ,Dept" Ron a Am a Orig.Dept.: Clerk of the Board cc:Appointees ABAG County Administrator 296 c THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA_ Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: none ABSENT: Supervisors Torlakson, McPeak ABSTAIN: none ) SUBJECT: ) ) Salary Retroactivity ) The Board having heretofore determined to extend to June 8, 1982 the time in which to make salary and benefit adjustments retroactive to April 1, 1982 for classifications in the Supervising Nurses' Unit represented by California Nurses Association, so long as there is continued good faith effort to reach settlement and so long as agreement occurs within a reasonable period of time after April 1, 1982; and Mr. H. D. Cisterman, Director of Personnel, having recommended that time in which to make the salary adjustments retroactive to April 1, 1982 be further extended to June 22, 1982 so long as good faith negotiations continue; IT IS BY THE BOARD ORDERED that the recommendation of Mr. Cisterman is approved. PASSED by the BOARD on June 8, 1982. r rreracy carGfy ch.,:r rnro f9 fl f:J:T I"^.�fp78CtF0(.J�Ot an action tak9n Aril i'!t5r�,1-011 tha j'Pi.nufus fit tho Board of Skip9Nhsoru oa Fha ds:o shown. ATTESTED: JUN 19R9- <JLuS'�,�.;CG'JfliY CtC4K and ox G,,r Giem of the 8osrd 8y /(GC/lil. '�7i1%/ii ,QeAuty cc: California Nurses Association County Counsel Director of Personnel County Administrator Auditor-Controller 297 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Draft Copy of Important Farmland Map for Contra Costa County This being the time for a presentation by Steven Kraus, Assistant Director, State Department of Conservation, of a preliminary draft copy of the Important Farmland Map for Contra Costa County prepared by the Department's Farmland Mapping and Monitoring Program in cooperation with the U. S. Soil Conservation Service and a local advisory committee under provisions of AB 966; and Mr. Kraus having outlined the intent of the Program to provide an inventory of prime and other farm land and to establish a system for updating the maps on an annual basis, and having requested that county staff review the map to determine the accuracy of lands shown as "Farmland of Local Importance" and other farmland categories as well as designated urban boundaries; and Mr. Kraus having noted that in mid-September 1982 the County will receive an updated draft map showing "Commercial Grazing Land" and having stated that the Department would appreciate the return of the corrected Important Farmland Map within 60 days of the date of receipt to permit the release of an approved full-color edition of the map in early 1983; and The following individuals having commented on the preliminary draft farm- land map and review process: William Bruner, District Conservationist of the Soil Conservation District; Joseph Gianelli, Director of Consumer Affairs, California Farm Bureau Federation; Daniel Van Voorhis, on behalf of the Coalition of Labor and Business (COLAB); Paul Lamborn, President of the Contra Costa County Farm Bureau; Elizabeth Kilham, 7416 Sedgefield Avenue, San Ramon; and The Board having discussed the matter, IT IS ORDERED that the following actions are APPROVED: (1) The draft copy of the Important Farmland Map is referred to the County Planning Department and the Contra Costa County Agricultural Resources Advisory Committee for review; (2) The County Planning Department is directed to develop a map review process including notification of interested parties, such as local jurisdictions, the labor community and the building industry; (3) The County Planning Department is directed to identify those lands that are designated for urban development; and (4) The County Planning Department and County Counsel are directed to inform the Planning Commissions as to the process and implications of the mapping program. Ori Dept.: Clerk of the Boardthembyeartifythat this IsaWeandoorraeteofyof 9• an action taken and entered on the minutes of the cc: Director of Planning Board of Supervisors on the data shown. County Counsel /9y,Z Agricultural Resources Advisory Committee ATTESTED: V ,P_ - J.R.OLSSON,COUNTY CLERK andd�ex officio Clerk of the Board By��`r -� ,Deputy 298 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 .by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Traffic Controls on Oakley Road at Live Oak Avenue Oakley Area _p Supervisor Tom Torlakson having advised that he had received a petition last year from local residents requesting that a stop sign be posted on Oakley Road at Live Oak Avenue in the Oakley area in order to slow down the speed of traffic; and Supervisor Torlakson having advised that at that time he had requested the Public Works Department to investigate the matter; and had received a March 19, 1981 memorandum from the Acting Public Works Director indicating the intersection did not meet the county's minimum requirements for the installation of multi-way stop signs; and that on Friday, June 4, 1982 an unfortunate accident occurred at this intersection injuring four persons; and Supervisor Torlakson having recommended that the Public Works Department/Traffic Division be requested to re-evaluate the need for traffic controls on Oakley Road at Live Oak Avenue; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Torlakson is APPROVED. thmbycww that thr.r..raw"ce'veteopyof /u1 action taken and en'+:.;on the minutes of the heard o1 Supervisors on we date shown. ATTESTED: JUN 81982 J.R.CLSSON,couNTyCLERK and ex officio Clerk of the Board BY ,Deputy Orig.Dept.: Clerk of the Board cc: Public Works/Traffic Division County Administrator. 299 ` THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA . Adopted this Order on ^~~= o .uythe following vote: AYES: s"p°,.in*ru po°°r°' r°ua°"' aca=oa°r NOES: ""n° *ooswT: a"»er,i""=s ro,zaxsoo. wcp°ax *eSrA/w: "o^° SUBJECT: Support for Assembly 8ill 3533 IT IS BY THE oUono DnosxEo that the County of Contra costo support veumno legislation which would provide oombonul rvnxs to Contra Costo County, specifically: Assembly Bill 3533 introduced by Assemblyman Hannigan. The proposed bill would allow the mv"tv to recover all or part of the cost of incarceration from a person convicted of o criminal offense based upon a judge's determination of that person's ability to pay. Payment of such costs would be a condition of probation and would include those costs associated with incarceration pending dispostion of the case. cw~itymmmmt$ trgmnn*"orrec, m ~~ ~. taken— - — �� — __-' _ —Board oi SupsrOscrs ort m=de**hown god rx of;,,_0 Clark of the Beard By Deputy O,ig. Qopt.: sheriff-coroner mz County Administrator Art Laiu ' County Legislative oezwy°tivu , L 300 I.L- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, randen, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Authorize Contract Change Order No. 17 Pacheco Blvd.-Marina Vista Improvements, Project No. 0662-684222-80 WHEREAS it was found necessary to initiate a contract Change Order No. 17 for the Pacheco Blvd.-Marina Vista Improvements Projer.t in the amount of $5,387.41 to compensate the contractor, O.C. Jones and Sons, for utility delays; and The expended portion of the contingency fund exceeds $25,000. IT 15 BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to execute the contract change order. 1h*r*brMVtythat M121e eftoandooffWtowyof an Sefton taken and entered on the n1fta"or flo Owd of Supervisors on the dale shorn. ATTESTED.— JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officio Clerk of the Dowd By Lzcz' D#puly Orig.Dept.:' Public Works Department, Design and Construction Division cc: County Administrator County Auditor-Controller Public Works Director ' Design and Construction Division Accounting Division 301 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Status Report on Progress of the Emergency Telephone 911 Program in Contra Costa County The Board having received a report on the status of the Contra Costa County Emergency Telephone 911 Program from the Public Works Director. Receipt of the report is hereby acknowledged. ►hmby certify that this/a a nueendcotrectaWof an*cNon taken and entered on the m#w M of the Board of Svpervisors on the date drown. ATTESTED. JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officio Clark of the Board By ,Deputy Orig.Dept.: Public Works Telecommunications Division cc: Supervisor Fanden Supervisor McPeak Supervisor Torlakson Supervisor Schroder Supervisor Powers County Administrator's Office Sheriff's Department Office of Emergency Services 302 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on lune 8, 1982 _ by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Approving Specifications for Landscape Maintenance, Fiscal Year 1982-1983, in County Service Area R-7. Project No. 7754-2282 WHEREAS Specifications for Landscape Maintenance for Fiscal Year 1982-1983, County Service Area R-7, have been filed with the Board this day by the Public Works Director; and WHEREAS Specifications were prepared by the Public Works Department; and WHEREAS the Department's total cost estimate for landscape maintenance is $70,000; and WHEREAS the general prevailing rates of wages, which shall be the minimum rates paid on this project, have been approved by this Board; IT IS BY THE BOARD RESOLVED that said Specifications are hereby APPROVED. Bids for this work will be received on July 8, 1982 at 2:00 p.m., and the Clerk of the Board is directed to publish Notice to Contractors in accordance with Section §25452 of the Government Code, inviting bids for said work, said Notice to be published in The Valley Pioneer t hrraby earlUy that this is a true anlee~eopyof an action taken and entered on the mkwtae of the Board of Supervisors on the date shown. ATTESTED. JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officio Clerk of the Boars By a�,� ,Depatr Orig.Dept.: Public Works Dept. - Bldgs. & Grounds Maint. cc: Public Works Department Building & Grounds Maintenance P. W. Accounting Director of Planning Auditor-Controller R-7 Service Area Coordinator 303 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: --- ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: --- SUBJECT. Application to License Discovery Motivational House The Board having received from the Acting Drug Program Chief, Health Services Department, a facility license renewal application from the State Department of Social Services for the Discovery Motivational House at 4639 Pacheco Boulevard, Martinez, for the period August 26, 1982 through August 25, 1983; and The County Administrator having recommended that the Board approve and authorize the Chair to execute on behalf of the County the facility license renewal application; IT IS BY THE BOARD ORDERED that the recommendation of the County Administrator is APPROVED. I hereby certify that this is a true and correct copyof an action taken and entered on the minutes of the Board of Supervisors on the date s!:owr. ATTESTED.- JUN 819R�_. 8 AW3 Deputy Orig.Dept.: County Administrator cc: Human Services Health Services Director Acting Drug Program Chief County Auditor 304 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: —^ ABSENT: Supervisors Torl.akson, McPeak, ABSTAIN: SUBJECT: Submission of Final 1981-1982 Short-Doyle Budget The Mental Health Division Administrator, Health Services Department, having forwarded to the Board the final 1981-1982 Short-Doyle Budget showing that the gross program cost has been reduced by more than $630,000, and that federal and non-federal. Medi-Cal revenue has been increased by $880,000 from the amounts originally projected and that, therefore, the net county contribution to the Mental Health program has been reduced by in excess of $1 million; and The County Administrator having recommended that the Board approve and authorize the Health Services Director to submit to the State Department of Mental Health the final 1981-1982 Short-Doyle Budget; IT IS BY THE BOARD ORDERED that the recommendation of the County Administrator is APPROVED. hereby certify that this is a true andcorrect copyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:__ �� 8 M . j.F. rn._•.n-Y C:r r-FK and fOf tf:a Board D rte' �'.AAatthawa Orig. Dept.: County Administrator cc: Human Services Health Services Director Mental Health Div. Administrator County Auditor 305 STATE OF C: LIF02A-HEALTH Ali. WELFARE A'ZiCi cEPARTIK';T GF PROGRAM BUDGET SUMMARY MH 1900 (7/81) 82 FISCAL YEAR SUBMISSION DATE: May 24, 1982 07 COUNTY OF CONTRA COSTA 01 REGULAR STATE ITEMS LOCAL PSYCHIATRIC OMHSS TOTAL ONLY FACILITIES SALARIES E EMPLOYEE BENEFITS 6,455. 051 OPERATING EXPENSES 24 'Alq 4 ,024 ,319 EQUIPMENT REMODELING COU14TY OVERHEAD NEGOTIATED NET CONTRACTS CONTRACTS 3, 059,902 4 123 200 7,183,162 CROSS PROGRAM113. -39,272 4,123,200 1 2 4 7 ! LESS: SAVINGS . ADJUSTED GROSS PROGRAM 113,539,272 4 ,123,200 117,662 4 LESS: GRANTS 65,190 1 65.190 PAT i ENT FEES 127 744 182 100 44 PATIENT INSURANCE 1 66 166,gol I MEDI-CAL FED MEDT-CAL NON-FED MEDICARE 800.940 800,940 CONS. ADMIN. OTHER 1,210,195 1 1,210,195 M.D.O. 112.797 1 1 112,797 TOTAL REVENUES riAK 1,82 .1 III NET COST 6,319,387 3,941100 10,260,487 �2 LE� COUNTY SHARE576,8275, , o ,992 31 SHORT-DOYLE STATE SHARE 42,56 —FtT9-2 41 MEDI-CAL FED 50° OF AMOUNT1 ,707,13L ::•�fti;;;,i! SI MED T-SAL NON-FED , �{ ,ry}. _,`µ...h: 1!rr'���� `.►y: LL..r�I,����' i: J:r : 161 M.D.O. q I '•- 7ITOTAL GENERAL FUND N ' (LINES 3. 4. 5. and 6) R,97 1 4 0 q 3 .349,935 112,321, 344 STATE PSYCHIATRIC FACILITY LPS ATTACH SHEET EXPLAINING DIFFERENCES INPATIENT DAYS-ARE: 35,220 BETWEEN THIS BUDGET SUMMARY AND THE ALLOCATIONS. -1- lvtic�oii!: ,gid r.a!: board order <dm!a v v V mcym m n v,I.n•✓+I4,-,.n v,v, rel- -• .- 3 v Lnl r.,l•U��I C�4•n•D iUI•r+� r.:II cir�r t,•..•r r.,. 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O• n -ti .O ra 61c-,V-t-O IV1icIc;;t,, ii vr,:n hoard ordac ��� �oumzzusum*o�u�� mmm D[m4morma^xu11C,'Lm Su,m'cxEmxL ouuccr DATA BY mwo umxccS mx 190/ (7/8/) nz -��' nou YEAR SUBMISSION DATE: MAY 24, 1982 o7 ' -ommvOF TA 2u�-SUBMISSION'TYPE: o/ sspTsxon\ Soaxoonw m BUDGET xEV/s/ow MODE OF SERVICE STATE nmv/nsx scxv/cE mwcrmy ommxL ewn BUDGET ITEM/PROVIDER NAME -NUMBER _CODE _CODE ' _AMOUNT _ uoocET ncw com°""/rr-nasco Programs (AB /zzV'x.».o') mzz. m.n.acmEmvznc oros zu 40 735.00 nzcnncmo m.s' cLzmzc 0701 zs oo oye'oo ezcrsaong m.o'CLzmzc orou zs «o o,r«n.00 szaTALLx ozS0000nEu cLzmIc orYs 15 40 104,616.00 - uuaccr /rcw 10/-00/(u) cnmmw"/t/ %`/xm"c/v/ Treatment Sv,tc" n"'sua"c `v m. 12}]' sr^mp, 1978 (Bates) ox oo 97,690.00 , ^ �ac /mv^u o/5-T-- --�s--- --�n-- zz���4-o-.TrT rHoEszx cAsa coczLzx orsz os 40 zzo'saa.00 uoIKCua cYzLou -UTI-5— CENTER o728 zo *o 17,901.00 uo^/cu* o�yu�m -ojzb-' --zn--- --�zr- 141-1-3-Or��� PHosmzz mT' ozaoLo 0763 10 zo 16.150.00 7r7oz-- --TS--� --��-- -767nrn--- 'co:rzINcrmG cAco/cAso mxmAGnuomz 0720 so 214,1*5.00 xmppxopn/xrsn /980-8/ mouS rooEENzx onr eu000Ams u7oz o u7sa zn zu 150'860.00 7 __' FUNDING SOURCE SUMMARY MEDI-CAL FED MEDI-CAL NON I TEM DESCRIPTION PROGRAM COSTS STATE SHARE FED. AID CODES TOTAL 011-001(b) Community-�Based Proqrams - AS 1229 112,797 112,797 h-31-001(b) Local Mental Health Services 4,584,932 1,707,131 1,408,921 7,70U84 101-001 (d) Community Residential (Bates) 1,006,768 1,COG,768 1490-00)(1) Reappropriated 1980-81 Funds 150,860 150,860 TOTAL ALL ITEMS 85 5,357 Ll::7:0 7�13 I R,071 40c) _/s_ micmf/med */h 6nnnd orcler THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8. 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, and McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Board's Position on Legislation which would Eliminate Present Tax Incentives for Waste-to-Energy Facilities. Supervisor Tom Torlakson having advised that: "The U. S. Department of the Treasury has proposed legislation which would eliminate tax incentives presently available to resource recovery facili- ties. If Congress accepts this proposal, Contra Costa's proposed garbage-to- energy project will become economically infeasible. The project, designed to burn 500 tons of trash per day, is among twenty similar projects which other- wise would be expected to begin construction within the next five years. Loss of tax benefits would double the per ton cost of resource recovery projects which would make them too expensive to compete with landfills. Implementation of this legislation would extend, for another decade or more, the nation's near total reliance on land disposal for managing its solid wastes."; and Supervisor Torlakson having recommended that the County Administrator and Public Works Department (Environmental Control Division) be requested to prepare a letter for the Chair's signature to Congressman George Miller, Senator S. I. Hayakawa, and Senator Alan Cranston indicating the Board's lack of support for legislation which would eliminate present tax incentives for waste-to-energy facilities; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Torlakson is APPROVED. r hsraby certify thai tnia!s a:ruo end correct copy of an actron leken tnd entered on the minutes of the 6oerd of SUP-m Cors on the date shown. ATTESTED:__ JUN 8 1982 J.R.OLSSON,COUNTY CLERK and ox*rficio C18rh 0i the Board 84 Daputy Orig.Dept.: Clerk cc: County Administrator Public Works Director County Counsel AJ:mn 320 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: --- ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: --- SUBJECT: --SUBJECT: Application for Discretionary Head Start Funding The Board, having been advised that the County Head Start Policy Council has assigned priorities to and recommended funding for specific Head Start Program activities; and The Director of the Department of Community Services having recommended to the Board that the Head Start Program seek Head Start Discretionary funding for the purpose of providing additional program supplies and to maintain the Positions of Special Educator and Basic Educational Skills Program Director; IT IS BY THE BOARD ORDERED that the Director of Community Services is AUTHORIZED to execute application documents requesting $64,511 in Federal funds from the Administration for Children, Youth and Families, Department of Health and Human Services to provide services and program supplies for the Head Start Program. f lurebycertify that this is a true andcorreeteopyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:_...JUN 81982 CLERK and ex oil cio Cierk of the Board �r .Deputy it6.Matthews Orig.Dept.: Community Services cc: County Administrator County Auditor Controller 321 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, and Torlakson. NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Request for Support of the Simpson-Mazzoli Bill pending before Congress. The Board having received a May 27, 1982 letter from David N. Ilchert, District Director, Immigration and Naturalization Service, U. S. Department of Justice, transmitting a copy of a letter responding to concerns of the hest Contra Costa Gray Panthers with respect to "Project Jobs", and requesting support of the Simpson-Mazzoli bill pendino before Congress which would provide sanctions on employers of illegal aliens; IT IS BY THE BOARD ORDERED that the aforesaid communications are REFERRED to the County Administrator. I hereby ccrti(V tbat this is a trua end correct copyof an action taken and entered on the minutes of the Board of Suparisws on the data,hown. ATTESTED: JUN 8 1982 J.R. OLSSON,COUNTY CLERK and ex officio Clerk of the BoanY B� Deputy Orig. Dept.: Clerk cc: David N. Ilchert, District Director Immigation and Naturalization Service 630 Sansome Street San Francisco, CA 94111 County Administrator County Counsel 322 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8. 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, and Torlakson. NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Nursing Scholarships - Assembly Bill 558. The Board having received a May 12, 1982 letter from Marlene Housman, Renion I President, and Hendrik Moed, President, Student Nurses' Association of California, urging that the County provide funds for nursing scholarships, as authorized by Assembly Bill 558; IT IS BY THE BOARD ORDERED that the aforesaid communication is REFERRED to the Health Services Director for response. I hereby-;Illy that this is a:rue and correct copyof an action!elan and enterod on the minutes of tho Board of Supwvisors an the delle shown. A ATTESTED: �Y,1S.Y 1982 J.R.OLSSON,COU14TY CLERK end ox 011ie*CferA of the B43sv sY Deputy Orig.Dept.: Clerk cc: Marlene Housman 5757 Lake Murray Blvd. r14 La Mesa, CA 97401 (714)697-9653 Health Services Director County Administrator 323 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, and McPeak. NOES: None. ABSENT: None. ABSTAIN: None. SUBJECT: Proposed Legislation SB 1547. Supervisor Tom Torlakson having advised that Senator Ayala has intro- duced legislation (SB 1574) that would direct the Public Utilities Commission to establish two rates for electricity used in steel production ------- one for interruptible service and one for standard service ---- and would permit steel producers to select service according to either rate schedule; and Board members having commented on the impact of utility costs on domestic steel, the need for information as to who would absorb the utility costs if certain industries received lower rates, and the need to further review the concept of cost-based rates and lifeline rates; and Board members being in agreement, IT IS ORDERED that the County Administrator and the Energy Coordinating Committee (Supervisors N. C. Fanden and S. W. McPeak) are REQUESTED to review said legislation and submit a recom- mendation to the Board. I heraby certify that this is a true and corractcopyof an action taken and entered on the minutaa of the Board of Suponde m an tho date shown. ATTESTED:— JUN 8 1982 J.R.OLSSON,COUNTY CLERK and ex officio Clark of the Soatli Deputy , Orig.Dept.: Clerk cc: County Administrator Energy Coordinating Committee Public Works Director JM:mn 324 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, and Torlakson. NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Request for Right-of-Entry at the Veterans' Memorial Building, Concord. The Board having received a May 25, 1982 letter from Diane Longshore, Mayor, City of Concord, advising that the City is beginning implementation of a project to provide wheelchair access to the Social Activity Center at the Veterans' Memorial Building, 2290 Willow Pass Road, Concord, and requesting that the County grant a Right-of-Entry, valid for one year from the date of enactment, for execution of said project; IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the County Administrator, Public Works Director, and County Counsel. I t;ereby certify that Nie to a true endcorrectccc yot an action Mksn and entered on the minutes of the Scard of Supsr4Wi$Gn the date shown. ATTES7ED: s1!!N 8 M2 J.R.Qt$1".X,/,COUNTY CLERK and ox of;&o G'arlr of the board By �.Deputy Orig. Dept.: Clerk cc: Diane Longshore, Mayor City of Concord . 1950 Parkside Drive Concord, CA 94519 County Administrator Public Works Director County Counsel 325 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order vn June 8, 1982 .uvthe following vote: *YES: Supervisors Powers, paxuen` Schroder, and Turlakson. NOES: None. ABSENT: Supervisor wcPcak. *asTx|m: None. GVoJEor Request for Assistance in Opposing Proposed AB 3257. The Board having ived a flay 26, 1982 letter from James P1. Bucher, Chairman, Board of Supervisors, Imperial County, requesting assistance in opposing AB 3257 which that Board feels would strip .cities, counties and other public agencies of all authority to restrict the types of hazardous wastes which may be discharged at both existing and future hazardous waste disposal sites; IT IS BY THE nnxxn UxnsncD that the aforesaid request is n8rERnco to the lm=nml Operations Committee (Supervisors Tom rorloksoo and V. 1. Schroder) and the County Administrator for recommendation. therobycwtify that this isalrueandcarrect,7opyD! an action kkon&nd entered on the minuicz-ni i.49 Board of Suporvbory on The date showr,. xrrsxmEo . JUN 8 1982 J.R.OLSSON,COUNTY UER" and ax officio Glef.,of tki Boarg OdQDop� Clerk ' ' x mz James M. Bucher. Chairman Imperial County avuro of Supervisors ,^, """. Street;= 8 Centro, [x 92243 Internal Operations Committee County Administrator 3213 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: ABSENT: ABSTAIN: SUBJECT: Appointments to Committees .On the recommendation of Supervisor T. Torlakson, IT IS BY THE BOARD ORDERED that the following actions are APPROVED: NAME ACTION ITERM Nathan Fisher Appointed to the Health To fill the unexpired Route 2, Box 116 Maintenance Organization term of Kathleen Riley Brentwood 94513 Advisory Board ending January 31, (Supervisorial District V 1983 Representative) Louis Camotta Emergency Medical Care To fill the unexpired P.O. Box 1665 Committee (Supervisorial term of Ernest Burger Pittsburg 94565 District V Representative) ending June 30, 1983 I hereby certify that this ISO true and correct eopyof an action taken and entered on the minutes of the Board of Superriso JUN the$date shown. ATTESTED: J.R.OLSSON,COUNTY CLERK and ex officio Clerk of the Board 8Y .DaputY Rohda�tn� J Orig. Dept.: Clerk of the Board cc: Appointees Health Maintenance Organization Advisory Board via Health Services Director Emergency Medical Care Cte. via Health Services Director Health Services Director County Administrator 327 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: None. ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: None. SUBJECT: Agreement with Marin County for Sub-Acute Residential Treatment and Basic Living Cost Rate for Non-Medi-Cal Patients The Board having considered the recommendations of the Health Services Director regarding approval of Inter-County Agreement #24-254-1 with Marin County regarding Sub-Acute Residential Treatment (SART) to be provided by Mental Health Management, Inc. (a provider under contract with Marin County) in its Canyon Manor Program for mentally disturbed Contra Costa County patients, IT IS BY THE BOARD ORDERED THAT: 1. Said Inter-County Agreement #24-254-1 is hereby APPROVED and the County Administrator is AUTHORIZED to execute said Inter- County Agreement with Marin County for the term from July 1, 1982 through June 30, 1983, and 2. The Auditor-Controller is AUTHORIZED to pay Mental Health Management, Inc. a basic living cost rate of up to $43.00 per day per patient for non-Medi-Cal patients placed for Sub-Acute Residential Treatment under said Inter-County Agreement, upon approval of such payment demands by the Health Services Director or his designee. !P.•.".,..oruty that this Is a true and correctcopyof +n action taken and entered on the mingles of the Board of Supervisors on the ds!e shcwa. ATTESTED: JUN 8 jgg2 J.R.0YCLI=RK and ex ou,L%a 0; r.of:he Board BY Deiuty G.M8ttT1B1Ns Orig.Dept.: Health Services/CGU cc: County Administrator Auditor-Controller Marin County 32.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1982 8, Adopted this Order on June ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: None. ABSENT: Sunervisors Torlakson, McPeak. ABSTAIN: None. SUBJECT: APPROVAL OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH ALAMEDA COUNTY - REFUGEE TRAINING 029-014-3) The Board having considered the recommendations of the Welfare Director concerning Contra Costa County's participation in an Alameda County Federally funded (Refugee Act of 1980) Employment and Training Program for Refugees; IT IS BY THE BOARD ORDERED that its Chair is authorized to execute an Amendment to the Memorandum of Understanding (County number 29-014-3) with Alameda County for adding 48 training slots in the Alameda County and 15 training slots in Contra Costa County and changing the term from October 1, 1981 to March 31, 1982 to October 1, 1981 to September 30, 1982 and further changing the slot allocation to be based on the reported number of refugees on cash assistance in Alameda and Contra Costa County. I hereby certify that this is a true and correct copyef an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED-__.JUN81%2 and eA i- J. the Board Deputy G.Matthews Orig. Del5l.-F Social Service Attn: Contract Unit cc: County Administrator Auditor-Controller Alameda County �. 329 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, NOES: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: --- SUBJECT: Approval of Project Funding Application 1129-251-5 for submission to the State Department of Health Services The Board having considered the recommendation of the Director, Health Services Department, regarding approval of Funding Application 1129-251-5 for submission to the State Department of Health Services for continuation of the Adolescent Smoking and Drinking Risk Reduction Project, IT IS BY THE BOARD ORDERED that said Funding Application is APPROVED and that the Board Chair is AUTHORIZED to execute said applica- tion for submission to the State as follows: Number: 29-251-5 County Department: Health Services - Public Health State Agency: Department of Health Services Term: September 1, 1982 through June 30, 1983 Total Amount Requested: $102,525 Service: Adolescent Smoking and Drinking Risk Reduction Project hembycertlfy that this is a true andcorrecteMat an action taken and entered on the minutes of NN Board of Supervisors on the date shown. ATTESTED:_._.JUN_._819$2 J.R.C... Y CLF_RK and ex arc, Cm,:t Ot t;,e Board MY DepUlyJ C. Matthews Orig.Dept.: Health Services Dept./CGU cc: County Administrator Auditor-Controller State of California DG:sh 330 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1982 Adopted this Order on June 8, ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT:Authorizing Chair to send a letter regarding participation in the Neighborhood Statistics Program. The Director of Planning has recommended that the Board authorize the Chair to send a letter to the Federal Census Bureau requesting that Contra Costa County be included in the "Neighborhood Program" which is being conducted as part of the 1980 Federal Census because this free service would allow the County to obtain specific information on certain neighborhoods in the County as part of the Census which would not otherwise be available and would be useful in a variety of areas; IT IS THEREFORE BY THE BOARD ORDERED that the Chairwoman is authorized to send a letter to the Bureau on behalf of the Board requesting County participation in this program. hereby certify that this is a true and correctcopyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:_ JUN 81982 J.A. G-. i,d i Y CLERK and ex or.,..,,, er.4 of the Board .Deputy G. Matthews Orig. Dept.:County Administrator cc: Director of Planning Public Works Director 331 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, randen, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Water Committee Report The Water Committee considered various subjects as noted in the "Summary of Proceedings" for the May 3, 1982 Committee meeting. Supervisor Torlakson reported that the Board approved separate committee _ reports regarding the subjects of PG&E's 316(b) Report (April 13, 1982), Estab- lishmentlishment of Fish ano Wildlife Study Committee (May 4, 1982), ano Water quality Control Plan, San Francisco Bay Region (May 11, 1982). The Committee continued discussions on the problems of water service to unserved areas, water conservation program, water policy reform, and hyacinth proDlemS in the Delta. Supervisor Torlakson reported that the Committee will consider further comments and continue discussions on each of these items at future water committee meetings. The Water Committee recommends that the Board of Supervisors accept this report and ACKNOWLEDGES receipt of the "Summary of Proceedings" for the Committee's May s, 1982 meeting. Tom Torlakson Sunne Wright McPeak Supervisor, District V Supervisor, District IV IT IS BY THE BOARD ORDERED that the recommendation of the Water Committee is APPROVED. 1 hereby cattily the:this M a true andoorreetco'yaf an aCNon tehan end entered on the mhwtae of the Board of Supery;ars On the date shown. ATTESTED:— JUN 1982 Urig. Dept.: Public Works (EC) J-R.OLSSON,COUNTY CLERK and ex officio Clerk of fire fiord cc: County Administrator Auditor-Controller Public Works, Accounting SyDeploy Clerk of the Board 80b.1 332 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Hearing on Appeal of Lawrence S. Thal from Orinda Area Planning Commission Denial of Application for Land Use Permit No. 2008-82, Orinda Area (J. Ralph Stone, Owner) WHEREAS on the 24th day of May, 1982, the Orinda Area Planning Commission denied the application of Thomas E. Whitford and Lawrence S. Thal for Land Use Permit No. 2008-82 to establish a tennis court for a private tennis club in the Orinda area; and jdHEREAS within the time allowed by law, Lawrence S. Thal filed with this Board an appeal from said action; NOW, THEREFORE, IT IS ORDERED that a hearing be held on said appeal before this Board in its Chambers, Room 107, County Administration Building, Pine and Escobar Streets, Martinez, California, on Tuesday, June 29, 1982 at 2:00 p.m. and the Clerk is DIRECTED to publish and post notice of hearing pursuant to code requirements. l hweby eerft that thla is a true endeorrecl eopyof an action taken and entered on the minutes of He Board of Supervisors on the date shown. ATTESTED: J.A.OLSSON,COUNTY CLERK and ex offklo Clerk of the Board By 2`c r`t °'`—_ ,Oaputy Orig. Dept.: Clerk of the Board cc: Lawrence S. Thal J. Ralph Stone T. H. Lindenmeyer Director of Planning L 333 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June $ 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Authorizing Execution of a Termination of Lease Agreement with Contra Conta County Water District for the premises at 1331 Concord Avenue, Concord, CA. IT IS BY THE BOARD ORDERED that the Chairman of the Board of Supervisors is AUTHORIZED to execute on behalf of the County a Termination of Lease Agreement effective 6-15-82 with Contra Costa County Water District for the premises at 1331 Concord Avenue, Concord, CA., terminating occupancy by the Supervisor, District 4 under the terms and conditions as more particularly set forth in said Agreement. t haraby Mrt/1y thst this is a tRre and eoaacteopyof an action taken and entered on the M*X"s of Me &card Of Supervisors on the data shown. ATTESTED: JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officio Clerk of the Board BY Deputy Orig.Dept.: Public Ilorks Dept., Lease Management cc: County Administrator County Auditor-Controller (via L/H) Public Works Accounting (via L/H) Buildings and Grounds (via L/H) Lessor (via L/M) Supervisor, District 4 (via L/H) 334 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: SUBJECT: Contract for Attorney Services - John Swett Unified School District On recommendation of the county Administrator, IT IS BY THE BOARD ORDERED that the Chair is authorized to sign an agreement between the County and the John Swett Unified School District under the terms of which the County Counsel will provide legal services to the District during the period July 1, 1982 through June 30, 1983 and the District will pay the County $7,000 for such services. I h@MbYceHify that thIsts a frueandcorrMeopyof an action taken and entered on the minutes of the Board of Supervisors on the data shown. ATTESTED:— JUN 81982 J.R. GL �_`MTY CLERK and oA of the Board eputy � Matthews! Orig.Dept.: County Counsel cc: John Swett Unified School District County Administrator Auditor-Controller L 335 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Project Agreement for the Eighth Year (1982-83) Community Development Block Grant Program with Pacific Community Services, Inc., for Activities #1, #5 and #7. The Board having considered the recommendation of the Director of Planning that it approve the following Eighth Year (1982-83) Community Development Block Grant Program project agreements with their respective descriptions and pay- ment limits as follows: Activity Description Payment Limit #1 Housing Development $207,000 Assistance Land Acquisi- tion #5 Economic Development $150,000 Revolving Fund #7 Housing Counseling $ 40,000 IT IS BY THE BOARD ORDERED that the above recommendation is approved and its Chair is authorized to execute said agreements. IAwByoarely that tbla is a true and correct co"Of rr action taken and entered on the minutes of the •Gard of Superviscrs on the date shown. ATTESTED: JUN 81982 J.R. Cc." .< ;•.TYCLCRK and ex o,'.c!;j r4 of the Board M .DepW C. Matthews Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor ` L 336 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 .by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: "— ABSENT: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Project Agreement with the City of Brentwood for the Eighth Year (1982-83) Community Development Block Grant Program,Activity#19-Water Line Replacement. The Board having heard the recommendation of the Director of Planning that it approve the Community Development project program agreement with the City of Brentwood for Activity#19-Water Line Replacement with a payment limit of$100,000. IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. Iftffibyeort)?y that this Is a ftm andearreeteopyaf an action taken and entered an the minutes of the Board of Suparwecrs on the date shown. ATTESTED:._ JUN 8 1982 J.R. and ex L;1 tare Board --Z Deputy C.Matthews Orig. Dept.: Planning cc: County Administrator County Counsel Auditor-Controller Contractor PA 337 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 p , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Project Agreement with the City of Antioch for the Eighth Year (1982-83) Community Development Block Grant Program, Activity#18-Water Line Replacement. The board having heard the recommendation of the Director of Planning that it approve the Community Development project program agreement with the City of Antioch for Activity#18-Water Line Replacement with a payment limit of$112,000. IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. hereby certify that this is a true and correctcopyof an action taker a er:.'e•ad on the miiotes of the Board of Supervw•D c.�rhe date shown. ATTESTED,:__...JUN�81982 ry C!.f-RK and&A'L I::B Board a .Deputy C. MattheWS Orig. Dept.: Planning cc: County Administrator County Counsel Auditor-Controller Contractor PG 338 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Project Agreement with Orinda Senior Village, Inc. for the Eighth Year (1982-83) Community Development Block Grant Program, Activity n30 - Public Improvements for Senior Housing Project. The Board having heard the recommendation of the Director of Planning that it approve the Project Agreement with Orinda Senior Village, Inc. for imple- mentation of Activity r30 - Public Improvements for Senior Housing Project with a payment limit of $103,000; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. I hereby certify that this Is a true and eorreeteopyaf an action taken and entered on the minutes of the Board of Supervf.;,s o.a the dare shown. ATTESTED-_.__JUN 81982 J.R.G:- ;NTY CLERK and es cii,,Ll,,; the board NY De pully C. Matthews Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor 339 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Project Agreement with the Martinez Early Childhood, Inc., Eighth Year (1982-83) Community Development Block Grant Program, Activity #22 - Bridge and Creek Bank Improvements. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Program project agreement implementing Activity #22 - Bridge and Creek Bank Improvements with a payment limit of$78,000. IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. f Mroby certify that this Is a true and correctccpyol a1 action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUN 81982 J.R Gr "r and ea oi,,,,ro r :t of the Board Deputy n Mafthewc Orig. Dept.: Planning cc: County Administrator Auditor-Controller County Counsel Contractor BA 340 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Eighth Year (1982-83) Community Development Block Grant Program Project Agreement with the John Swett Unified School District, Activity n20 - Park Development. The Board having heard the recommendation of the Director of Planning that it approve the Eighth Year (1982-83) Community Development Block Grant Pro- gram project agreement with the John Swett Unified School District for implemen- tation of Activity 20-Park Development with a payment limit of $50,000; IT IS BY THE BOARD ORDERED that the above recommendation is approved and that its Chair is authorized to execute said agreement. /hereby certify that this is a true andcorrecicepyof on action taken and entan-,or,the rninatos of the Board of Supervisors on itis date shown. ATTESTED: JUN 81982 J.R. O' -1 TY C c'cv and ex a,.,,.., :k of iija Board sy � ,Dept L. Matthews Orig. Dept.: Planning cc: County Administrator Auditor/Controller County Counsel Contractor 341 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: SUBJECT: Approval of Contract Extension Agreement #26-073-3 with Penelope Floco (dba Greyline Dispatch Company) The Board on January 19, 1982 having approved Contract 1126-073-2 with Penelope Floco (dba Greyline Dispatch Company) for taxicab transportation for County-designated patients of County's Richmond Health Center; and The Board having considered the recommendations of the Director, Health Services Department, regarding the need for extending said contract for a period of three months, IT IS BY THE BOARD ORDERED that said recommendation is hereby APPROVED and the Board Chair is AUTHORIZED to execute the contract extension agreement as follows: Number: 26-073-3 Contractor: Penelope Floco (dba Greyline Dispatch Company) Extension of Term: extended from June 30, 1982 to September 30, 1982 Payment Limit: increased by $6,250 to a new total payment limit of $31,250 therabycertifythat this is a trueandcorreeteMof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTEO�__ JUN 81982 J.R C:_c ^!!NTY CLERK and ex o;;,c'�r_�::tu:.t if the Board Ry cCc��L<' .Deputy C. Matthews Orig.Dept.: Health Services Dept./CGU Cc: County Administrator Auditor-Controller Contractor SH:ta 342 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: SUBJECT: Approval of Medical Specialist Contract #24-250-1 with Howard M. Blankfeld, M.D. The Board having considered the recommendations of the Director, Health Services Department, regarding approval of Medical Specialist Contract #24-250-1 with Howard M. Blankfeld, M.D. for professional services, IT IS BY THE BOARD ORDERED that said contract is hereby APPROVED and the Board Chair is AUTHORIZED to execute the contract as follows: Number: 24-250-1 Contractor: HOWARD M. BLANKFELD, M.D. Term: June 9, 1982 through June 30, 1983 Payment Limit: $35.70 per hour for professional services Service: Child psychiatry (for County's Youth Interagency Assessment and Consultation Team - (YIACT) I hereby certify that this Is a true and corractcopgof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUN 81982 J.R. OLS C,n/, CCUA'TV CLERK and ex officio Ciark of the Board �► ,Deputy C. Matthews Orig. Dept.: Health Services Dept./CGU Cc: County Administrator Auditor-Controller Contractor DG:ta 343 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1982 Adopted this Order on Tune 8, , by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Approval of Contract #26-120 with Aubrey B. Morgan, Jr. (dba Model Laundry) The Board having considered the recommendations of the Director, Health Services Department, regarding approval of Contract #26-120 with Aubrey B. Morgan, Jr. (dba Model Laundry) for hospital laundry service, IT IS BY THE BOARD ORDERED that said contract is hereby APPROVED and the Chair is AUTHORIZED to execute the contract as follows: Number: 26-120 Contractor: Aubrey B. Morgan, Jr. (dba Model Laundry) Term: July 1, 1982 through June 30, 1984 Payment Limit: $437,184 1 herebycertify that this Is a true andcorrectcopyal an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:_JUN 81982 J.R.OLSSON., COUkTY CLERK and ex officio Ciark of the Board OeputY C. Matthews Orig. Dept.: Health Services Dept./CGU CC: County Administrator Auditor-Controller Contractor EJM:ta 344 RI THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Participation in Summer Youth Employment Program The Contra Costa County Superintendent of Schools having requested the County to participate in the Summer Youth Employment Program by providing work training and experience to eligible youth during the summer months; and The County Administrator having recommended approval of such request inasmuch as county departments have successfully partici- pated in the SYEP in prior years. IT IS BY THE BOARD ORDERED that the Chair is authorized to execute an agreement between the County and the Contra Costa County Superintendent of Schools under the terms of which SYEP participants will be placed in various county departments to receive work training and experience during the period June 28, 1982 through August 22, 1982. fMreHycertllyfhat this Is aVr'usandcorGef cepral an action taken and entered on the minutes of the Board of Supervisors on the date s.own. ATTESTED: JUN 8 7982 J.R. CLS'-'t+ r; ;!j!•,'7 y 4671 F.4K and QX v:,,:,ru;;r2t3 of the Board b ,Deputy Co. Matthews Orig. Dept.. cc: County Administrator County Counsel Personnel Auditor-Controller Superintendent of Schools 345 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: none ABSENT: Supervisors Torlakson, McPeak ABSTAIN: none SUBJECT: Termination of Reimbursement Agreement signed by Alma and Martin Anderson On recommendation of the County Auditor-Controller IT IS BY THE BOARD ORDERED THAT the Chair IS HEREBY AUTHORIZED to execute Termination of Reimbursement Agreement which was taken to guarantee repayment of the cost of services rendered by the County to Alma and Martin Anderson. 1 haraby Certliy that this is a true cndcorrectaopyot On action taken rind:mtrrod•on the rt!nuta�o.the Board of Superrlsors on[ha ds!e Zho:n. ATTESTED: , JUN� 19982 d.ft.OLFSZ%CC=!-1 PITY CLERK and Gx o,c: Cisrli of the Board t3y ILK h' Deputy Orig. Dept.: Auditor Controller cc: County Administrator County Counsel 346 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Pacific States Aviation West Side Development Project The Public Works Director having advised that the overall development strategy for the West Side of Buchanan Field Airport requires a 12" waterline to serve the proposed Pacific States Aviation project and future developments. The installation of said waterline will be constructed in stages as development requires. The cost for such development will be reimbursed to the County as development occurs with the developer entering into a Waterline Construction Reimbursement Agreement with the County. Pacific States Aviation has agreed to articipate in such an agreement wherein their share will not exceed U20,000. The Public Works Director RECOMMENDS that the Board authorize the Public Works Director to enter into a Waterline Construction Reimbursement Agreement with Pacific States Aviation. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED and the Chair is Authorized to execute the agreement on behalf of the County. f hereby owft that this/6 a trwand wrect oMef an notion taken and entered on tM M*%dW Of the Board of Supervisors an the date shorn. ATTESTED. JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officlo Clerk of ft Board BY Deputy Orig.Dept.: Public Works/BFA cc: Public Works Director P.W. Accounting Lease Management Pacific States Aviation 51 John Glenn Drive Concord, CA 94520 (Via B.F.A.) 347 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Property Acquisition WO/Project No. 0662-654186 Morello Avenue Safety Path Martinez Area IT IS BY THE BOARD ORDERED that the following Right of Way Contract is APPROVED, and the following Document is ACCEPTED: Payee and Grantor Document Date Escrow Number Amount Daniel J. Spillane R/W Contract 5-27-82 Western Title $3,302.00 et ux Grant of 5-27-82 Insurance Co. Easement Escrow M-314570 Payment is for an easement of 2616 square feet of land for the Morello Avenue Safety Path. The County Public Works Director is AUTHORIZED to execute the above Right of Way Contract on behalf of the County. The County Auditor-Controller is AUTHORIZED to draw a warrant in the amount specified to be forwarded to the County Real Property Division for delivery. The Real Property Division is DIRECTED to have said document recorded in the Office of the County Recorder. 1 haebyeertify that thts fs a true aedoorreeteopyof an ectlon taken and entered on the mMwfaa of the Board of Supervisors on the date shown. ATTESTED: JUN 81982 J.A.OLSSON,COUNTY CLERK and ex oNlcto Clerk of the Do" By .Deputy Orig. Dept.: Public Works (RP) cc: County Auditor-Controller (via R/P) P.W. Accounting 348 'THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Consulting Services Agreement for the Beloit Avenue Slide, Kensington Project No. 0672-6R6310-82 The Public Works Director has recommended that a geotechnical consultant review the Hallenbeck-McKay Geotechnical Report on the Beloit Avenue slide and suggest alternate schemes for stabilization and repair of the Beloit Avenue roadway. IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to execute a consulting services agreement with Engeo, Incorporated, Consulting Engineers of Concord, providing for the necessary review and recommendations at a cost not to exceed $1,000.00 without prior approval of the Public Works Director. l ft"by etrNly that this fs a hw and correef oopyel an aotfoa Taken and entered on the mtnutes of tM Hoard of Superrfsors on the date shorn. ATTESTED: JUN 81982 J.A.OLSSON,COUNTY CLERK end ex oN/cfo Clerk of the Bond By. ,Deputy Orig.Dept.: Public Works Director, Design and Construction Division cc: County Administrator County Auditor-Controller Public Works Director Design and Construction Division Accounting Division Engeo, Incorporated 3119 Clayton Road 349 Concord, CA 94519 In the Board of Supervisors of Contra Costa County, State of California June 8, 19 82 In the Matter of Approval of Refund(s) of Penalty(ies) on Delinquent Property Taxes. As recommended by the County Treasurer-Tax Collector IT IS BY THE BOARD ORDERED that refund(s) of penalty(ies) on delinquent property taxes is (are) APPROVED and the County Auditor-Controller is AUTHORIZED to refund same as indicated below: APPLICANT PARCEL NUhi-BER APIOUNT OF REFUND ?i;Illirs Larry C. µO0-502-0'53-•36 T,-us". ;les, C.. 94.51-7 Dupuis, ':Taney ,i. 266-130-017-a 210,06 5 irving Lane ,)rinda, u< 9!4553 PASSED by the Board on June 8, 1982, by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: none ABSENT: Supervisors Torlakson, McPeak I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. CC.* County Auditor-Controller Witness my hand and the Seal of the Board of County Treasurer-Tax Supervisor Collector axed this 8th day of June 19 82 ffi County Administrator Applicant l J. R. OLSSON, Clerk By Deputy Clerk Barbara Fierner 350 H-24 4/77 15m In the Board of Supervisors of Contra Costa County, State of Califomia June 8, 82 In the Matter of Denial of Refund(s) of Penalty(ies) on Delinquent Property Takes. As recommended by the County Treasurer-Tax Collector IT IS BY THE BOARD ORDERED that the following refund(s) of penalty(ies) on delinquent property taxes is (are) DENIED: APPLICANT PARCEL NUMBER AMOUNT iandsea Co. 115;-31=-21'.�-1 c 106.$8 21')^ }::_.. troet 15F-31(� -"-5 5,3"1.35 PASSED by the Board on June 8, 1982, by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: none ABSENT: Supervisors Torlakson, McPeak I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc. County Treasurer-Tax Witness my hand and the Seal of the Board of Collector Supervisors County Administrator affixed this 8th day of June lg 82 Applicant _ J. R. OLSSON, Clerk By 6' Deputy Clerk Barbara Fierner 351 H-24 4177 15m Sia �'gy (i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, MCPeak ABSTAIN: None SUBJECT: Approving Closure of Deer Valley Road to Replace a Collapsed Culvert, East County. (0672-6U2539) The Public Works Director having recommended that the Board of Supervisors approve the temporary closure except for emergency vehicles of Deer Valley Road between Marsh Creek Road and Balfour Road on June 16 and 17, 1982 between 7:00 a.m. and 6:00 p.m. to allow work crew to replace a collapsed culvert; IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. t hereby earthy that this Is a trwandooaeeteopyof an action taller,and entered on the mbwtes of the $Geld of Supm sons on the data shown. ATTESTED. JUN 81982 J.R.OLSSON,COUNTY CLERK and ex ofllclo Clerk of NN Board By ,ospafy Orig.Dept.: Public Works Department - Maintenance Division cc: County Administrator Public Works Director Maintenance Division California Highway Patrol Contra Costa County Sheriff's Dispatch Eastern Fire Protection District 352 I - - (27 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: ABSENT: Supervisors Pic Peak, Torlakson. ABSTAIN: — SUBJECT: AS 3215 (Imbrecht and Berman) The Human Services Advisory Commission, in response to a request from the Chair of the Board of Supervisors, having completed an analysis of AB 3215 by Assemblymen Imbrecht and Berman, indicating the Commission's opposition to AB 3215 because its focus is on minimum service requirements rather than focusing on desired client and community changes and outcomes; and The County Administrator having filed a letter with the Board indicating that AS 3215 was substantially amended on May 27, 1982 in response to concerns raised by the County Supervisors Association of California, and that the May 27 amendments substantially improve AB 3215, but that additional amendments are necessary in order to resolve the concerns expressed by the Human Services Advisory Commission and concerns expressed by the County Administrator; and The County Administrator having recommended that the Board support AS 3215 on the condition that it is amended to resolve these concerns as well as any others which CSAC may still have, and recommending that the County Administrator be authorized to work through CSAC to attempt to achieve amendments to AB 3215 which are acceptable to CSAC, satisfy the concerns expressed by the Human Services Advisory Commission, and resolve the concerns expressed by the County Administrator; IT IS BY THE BOARD ORDERED that the recommendations of the County Administrator are APPROVED. 1 hereby certify that this is a true and co»ectcopyol an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:_ JUN S 1982 J.A.OLSSON, COUNTY CLOAK and /aaxx officio CCiiierrkk of the Board Deputy C.Matthews Orig.Dept.: County Administrator cc: Human Services Human Services Advisory Commission Larry Naake, CSAC Legislative Delegation Assemblyman Charles Imbrecht Assemblyman Howard Berman 353 ' . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 . bythe following vote: AYES: Supervisors Powers, Fanden. Schroder. mosG: -- ABSENT: Supervisors Moreak. zorlak000. *asr*Im: SUBJECT: Senate seete $ill 810 (Garamendi) The County Administrator, at from the Chair . of the mmru of Supervisors, having requested the ma/to Services Director to provide an analysis of SB OlO by Senator Caramendi; and The County Administrator having forwarded an analysis of so 870 to the Board indicating that this legislation provides financial incentive for the management and disposal of hazardous wastes and requires the preparation of a Hazardous Waste Management plan for reducing the toxicity and volume of such wustes, and recommending that the Board go on record as supporting So 810; /T IS BY THE BOARD uxUsREo that the 8vmro is in favor of Su 800 and authorizes the Chair to send letters expressing its support to this County's legislative delegation, Senator saramendi, and the County Supervisors Association of California. an action taken arid owered an the minutes of ttrq ATTESTED: JUN 8 1982 ° ~ and air orr.cio cjerA of 1178 130ard Deputy 0.Matthe-q ' O,ig. [ept.: County Administrator mz Human Services Asst. Health Svcs. Director—Environmental Div' Legislative Delegation Senator Joon Goramendi Larry wo^xe, CsAC ^, ' , 354 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder_ NOES: — ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: — SUBJECT: Adopting Regulations Establishing Eligibility Criteria for Mortgagors and Home Mortgages. WHEREAS, Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act") authorizes counties to incur indebtedness for the purpose of financing home mortgages authorized by the Act, and the Act provides a complete,additional and alternative method for doing the things authorized thereby;and WHEREAS, the Board of Supervisors(the'Board")of the County of Contra Costa (the "County") hereby finds and declares that it is necessary, essential and a public purpose for the County to finance home mortgages pursuant to the Act, in order to increase the housing supply in the County for persons and families within the income limitations established by the Act;and WHEREAS, this Board hereby finds and declares that this order is being adopted pursuant to the powers granted by the Act;and WHEREAS, this Board has, by Ordinance No. 82-5,adopted on January 5,1982,a home mortgage finance program (the "Program") for such purpose by the issuance of revenue bonds as authorized by the Act;and WHEREAS, Regulations Establishing Eligibility Criteria for Mortgagors and Home Mortgages are required to be adopted, and were adopted as part of the Board of Supervisors Resolution No.82A31 on May 11,1982;and WHEREAS, the Director of Planning and Bond Counsel have recommended that revised Regulations Establishing Eligibility Criteria for Mortgagors and Home Mortgages to be adopted in order to clarify certain provisions related to the mortgagors intent to occupy homes purchased under the Program. NOW THEREFORE IT IS BY THE BOARD ORDERED that the Regulations Establishing Criteria for Mortgagors and Home Mortgages, in the form submitted to this meeting,are approved and adopted. hereby cartify that fhls Is a trueandcorrectaWor an action taken and entered on the minutes of the 8oerd of Supervisors the date shown. JUN ATTESTED: 81982 J.R.OLSSON, COUNTY CLERK and ex ofticio Cierk of the Board NY .Deputy G. Matthews Orig.Dept.: Planning cc: County Administrator AR 355 DRAFT 5/10/82 COUNTY OF CONTRA COSTA HOME MORTGAGE FINANCE PROGRAM RULES AND REGULATIONS ESTABLISHING ELIGIBILITY CRITERIA FOR MORTGAGORS AND HOME MORTGAGES (Adopted May 11, 1982, pursuant to Resolution No. 82/531 as amended on June 8, 1982 pursuant to Resolution No. ) TABLE OF CONTENTS Section page Preface . . . . . . . . . . . . . . . . . . 1 1 Definitions . . . . . . . . . . . . . . . . . 1 2 Eligibility Criteria for Mortgagors . . . . . . . 3 3 Assumption of Home Mortgages . . . . . . . . . 6 4 Participating Cities . . . . . . . . . . . . . . . . 6 5 Median Household Income . . . . . . . . 6 6 Average Area Purchase Price . . . . . . . . . 6 7 Program Implementation . . . . . . . . . . 7 8 Miscellaneous . . . . . . . . . 7 Micrcfilmed wi:-7 board order 356 P R E F A C E These Rules and Regulations Establishing Eligibility Criteria for Mortgagors and Home Mortgages are made pursuant to Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California and relate to the County' s home mortgage finance program of acquiring Home Mortgages, made to qualified persons and families, from qualified Lending Institutions. In order to be eligible to become a Mortgagor under this Program, a person or family must comply with the criteria set forth in these Rules and Regulations. These Rules and Regulations also establish certain criteria for the origination of Home Mortgages under the Program. In developing these criteria, the County has considered, on a countywide basis, factors such as the amount of personal or family income available for housing needs, household size, costs and condition of available housing and eligibility of potential Mortgagors for federal housing assistance. Section 1. Definitions. Unless the context otherwise requires, the terms defined in this section shall for all purposes of these Rules and Regulations have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined. Acquisition Cost. The term "Acquisition Cost" means the cost of acquiring a Home from the seller as a completed residential unit. The Acquisition Cost shall be determined as set forth in the Agreements. Act. The term "Act" means Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California, as now in effect or as it may from time to time hereafter be amended or supplemented. Administrator. The term "Administrator" means the administrator under the Program and the Agreements. Agreement. The term "Agreement" means an . Origination, Servicing and Administration Agreement, dated as of May 1, 1982, by and among the County, the Trustee, the Administrator and one or more Lending Institutions, as originally executed or as it may from time to time be amended in accordance with its terms, together with any subsequent agreement, contract or binding commitment entered into by the County with one or more qualified Lending Institutions for the acquisition of Home Mortgages through and the servicing 357 Microfilmed with board order of Home Mortgages by such qualified Lending Institution. Average Area Purchase Price. The term "Average Area Purchase Price" means the average purchase price of all single-family (one-unit) residences, determined separately with respect to residences which have not been previously occupied and residences which have been previously occupied, in the area in which the County is located for the most recent twelve-month period for which statistical information is available, as such respective prices are specified in Section 6 as such Section may be amended from time to time. Bonds. The term "Bonds" means the County of Contra Costa 1982 Home Mortgage Revenue Bonds, authorized by, and at any time outstanding pursuant to, the Indenture. Count . The term "County" means the County of Contra Costa, a county and subdivision of the State of California. Home. The term "Home" means the property being acquired by a Mortgagor through the borrowing of money pursuant to a Home Mortgage. Home Mortgage. The term "Home Mortgage" means a loan purchased by the County from or acquired by the County through a Lending Institution with respect to a Home pursuant to and in accordance with the Act and the Program. Household Income. The term "Household Income" means the current adjusted gross income as calculated for federal income tax purposes of a Mortgagor together with the aggregate adjusted gross income similarly calculated of all other adult persons who intend to reside permanently with the Mortgagor in the Home. Indenture. The term "Indenture" means the indenture, dated as of June 1, 1982, between the County and the Trustee, providing for the issuance of the Bonds, as originally executed or as it may from time to time be amended in accordance with its terms. Lending Institution. The term "Lending Institution" means any or all, as the case may be, of the qualified mortgage lenders who execute an Agreement, or their successors duly qualified under an Agreement. Median Household Income. The term "Median Household Income" means the highest of (i) statewide median household income, (ii) countywide median household income as determined from time to time by the County, or (iii) median 2 358 Niicio`i,tn�d with board order 1 family income for the standard metropolitan statistical area in which the County is located as determined by the United States Department of Housing and Urban Development, as such amount is specified in Section 5 as such Section may be amended from time to time. Mortgagor. The term "Mortgagor" means the maker of a Note in connection with the acquisition of a Home through the borrowing of money pursuant to a Home Mortgage and shall also include any other individual with an ownership interest in such Home and, where appropriate, a subsequent owner of a Home who, in connection with the purchase of such Home, assumed such Note or purchased such Home subject to such Home Mortgage. The term "Mortgagor" shall not include a person who is liable under a Note secured by a Home Mortgage but who does not have a present ownership interest in the Home subject to such Home Mortgage. Note. The term "Note" means the promissory note or other document or documents evidencing the obligation to repay a Home Mortgage. Participating Cities. The term "Participating Cities" means those cities within the County entering into cooperative agreements with the County pursuant to the Act, authorizing the County to carry out the Program within the boundaries of such cities, as such cities are specified in Section 4. Program. The term "Program" means the County' s program of acquiring Home Mortgages pursuant to the Indenture, the ordinance of the County establishing the Program, the Act, the Agreements, these Rules and Regulations, and all other rules and regulations adopted pursuant to the Act, as such documents may from time to time be amended in accordance with their terms. Rules and Regulations. The term "Rules and Regulations" means these Rules and Regulations Establishing Eligibility Criteria for Mortgagors and Home Mortgages, as they may be supplemented or amended from time to time. Substantial Rehabilitation. "Substantial Rehabilitation" means rehabilitation in which the costs of rehabilitation equal or exceed 20 percent of the value of the structure after rehabilitation. Trustee. The term "Trustee" means the trustee under the Indenture. 3 359 Aliuotilmed with board order Section 2. Eligibility Criteria for Mortgagors. An individual shall not be eligible to become a Mortgagor under the Program unless all of the following requirements are met. An individual or individuals who comply with the following criteria are deemed by the County to be a person or family of low or moderate income and unable to pay the amounts at which unassisted private enterprise is providing suitable, decent, safe and sanitary housing. (A) Maximum Household Income. The aggregate Household Income of all adult persons who intend to reside permanently in the Home, calculated as set forth in the definition of Household Income in Section 1 hereof, shall not exceed (1) with respect to Home Mortgages originated in an aggregate amount not to exceed the amount of Home Mortgages funded by the proceeds of Bonds in the principal amount of $22.4 million (after a pro rata allocation of commitment fees, costs of issuance, underwriter' s discount and payment to the Capital Reserve Fund, as such fund is defined in the Indenture), (a) 150% of Median Household Income with respect to Home Mortgages for Homes where the Mortgagor will be the first occupant, for Homes which will undergo Substantial Rehabilitation, or for Homes which are resold if financing was originally provided pursuant to this Section 2(A) (1) (a) or (b) 120% of Median Household Income with respect to Home Mortgages where the Mortgagor will not be the first occupant, provided that at least half of the aggregate amount of Home Mortgages made pursuant to this Section 2(A) (1) (b) shall be for households whose Household Income does not exceed Median Household Income; provided that $11.2 million (less the pro rata allocation described above) of such $22.4 million shall be used only with respect to Home Mortgages on Homes within the City of Martinez (except that the $11.2 million may be used anywhere in the County if and to the extent that, after issuance of the Bonds and for reasons beyond the control of the County, the County is unable to use any portion of the proceeds of the Bonds to provide financing for Homes located within the City of Martinez) and the remaining portion of the $22.4 million shall be allocated in the sole discretion of the County; and 4 360 Mit 'O—ned :•ri'h board order (2) With respect to the remainder of the Home Mortgages originated, (a) 120% of Median Household Income with respect to Home Mortgages for Homes where the Mortgagor will be the first occupant, for Homes - which will undergo Substantial Rehabilitation, or for Homes which are resold if financing was originally provided pursuant to this Section 2(A) (2) (a) or (b) Median Household Income with respect to Home Mortgages where the Mortgagor will not be the first occupant, provided that at least half of the aggregate amount of proceeds of the Home Mortgages made pursuant to this Section 2(A) (2)(b) shall be for households whose Household Income does not exceed 80% of Median Household Income. If a Home is resold and the related Home Mortgage is assumed, the limitation on maximum Household Income shall be the same as that limitation which applied at the time financing was provided pursuant to the Program to the initial Mortgagor. (B) Prior Ownership Interest in a Principal Residence. Each Mortgagor shall not have had a present ownership interest (examples of which are set forth in the Agreements) in a principal residence at any time during the three-year period prior to the date on which the Home Mortgage is executed. (C) Intent to Occupy Home. Each Mortgagor shall certify his or her intention to occupy the Home as his or her principal place of residence within sixty days after the closing of the Home Mortgage and thereafter to maintain the Home as his or her principal place of residence for at least two years. Each Home shall be occupied by the Mortgagor unless such owner-occupancy is waived by the Administrator in writing. The following residences shall not be considered to be a principal place of residence: a residence more than 15% of the total area of which is reasonably expected to be used in a trade or business (i.e. , qualifying for a deduction for expenses for business use of home under Section 280A of the Internal Revenue Code of 1954, as amended) , a residence used as investment property or a recreational home. (D) Acquisition Cost. The Acauisition Cost of a Home shall not exceed 90% of the Average Area Purchase Price. In each case, the Average Area Purchase Price shall be determined as of the date of mortgage commitment or the date of purchase of the Home, whichever is earlier. 5 361 �'�rr�:�.•-.�.J tt'+n (E) Mortgagor Affidavit. Each Mortgagor shall make the representations and warranties contained in the Mortgagor Affidavit (or Assumer Affidavit in the case of a Mortgagor who assumes a Home Mortgage upon the resale of a Home) as provided in the Agreements. (F) Credit Qualifications. Each Mortgagor shall meet Program requirements established by the County, and credit standards established by the Lending Institutions and any private mortgage guaranty insurer participating in the Program. (G) Purchase of Bonds. Each Mortgagor shall certify his or her agreement not to purchase or own any Bonds. Such certification shall be made as set forth in the Agreements. (H) Martinez Funds. Home Mortgages funded by the proceeds of Bonds in the principal amount of $11.2 million shall be originated within the geographical boundaries of the City of Martinez unless, after issuance of the Bonds and for reasons beyond the control of the County, the County is unable to use any portion of the proceeds of the Bonds to provide financing for Homes located within the City of Martinez. (I) Additional Requirements. Each Mortgagor shall comply with any and all additional requirements established by the Agreements. Section 3. Assumption of Home Mortgages. Home Mortgages may be assumed upon the Mortgagor' s sale, transfer or other disposition of the Home, provided that: (1) the County or its agent approves in writing such sale, transfer or other disposition; (2) the transferee agrees that he or she will not purchase or own any Bonds; (3) the transferee meets applicable credit standards to assume the Home Mortgage; and (4) the transferee meets the eligibility requirements set forth in Section 2 hereof and such assumption otherwise complies with the requirements of the Program. 6 362 Aliuotil�,ed bwrd order i Section 4. Participating Cities. The following cities are Participating Cities: Antioch, Brentwood, Clayton, E1 Cerrito, Hercules, Martinez, Pinole, Pittsburg, Pleasant Hill and Richmond. Section S. Median Household Income. For purposes of the Program, Median Household Income is the countywide median household income which is $36,930. Section 6. Average Area Purchase Price. For purposes of the Program, the Average Area Purchase Price is $126,900 for residences which have not been previously occupied and $107,400 for residences which have been previously occupied. Section 7. Program Implementation. In implementing the Program, the County will act with due regard for the security of the Bonds issued in connection with the Program, the County's goals for the Program and the terms and conditions of the Indenture, the Agreement, these Rules and Regulations and all other rules and regulations pertaining to the Program. Section 8. Miscellaneous. (A) Waiver. To the extent permitted by the Act, subject to the written opinion of nationally recognized bond counsel that the exemption from federal income tax of interest on the Bonds will not be adversely affected, the County shall have the right to waive any rule or regulation herein contained, and any failure on the part of the County to enforce any rule or regulation herein shall not affect the validity of any Agreement or Home Mortgage entered into pursuant to the Program. (3) Governing Law. All state law questions with respect to the construction of these Rules and Regulations shall be governed by the laws of the State of California. (C) Section Headings. The headings of the several sections of these Rules and Regulations and the table of contents appended hereto shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.- 7 363 MicroLlmed with board order (D) Severability. If any one or more of the provisions contained in these Rules and Regulations shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these Rules and Regulations shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 8 364 Microbilmcd Wil!i board order CLERK'S CERTIFICATE I, Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify as follows: The copy of the Rules and Regulations Establishing Eligibility Criteria for Mortgagors and Home Mortgages (the "Rules and Regulations") attached hereto is a full, true and correct copy of the Rules and Regulations adopted by the Board of Supervisors of the County of Contra Costa on May 11, 1982 pursuant to Resolution No. 82/531, as amended by Resolution No. adopted on June 8, 1982. Said Rules and Regulations have not been further amended, modified or rescinded since the date of their adoption and the same are now in full force and effect. Dated: , 1982 Clerk, Board of Supervisors, County of Contra Costa [Seal] 365 Microfilmed with board order THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, and Schroder. NOES: None. ABSENT: Supervisors Torlakson and McPeak. ABSTAIN: None. SUBJECT: Refunding Labor and Materials Cash Deposit, Subdivision MS 127-80, El Sobrante Area. On July 28, 1981, the Board of Supervisors approved the Subdivision _ Agreement with Manuel A. & Maria F. Sousa for Subdivision MS 127-80 with a $3,000 cash security ($2,000 for performance and $1,000 for labor and materials) deposited by Manuel A. & Maria F. Sousa; and On November 10, 1981, and as corrected on December 1, 1981, the Board of Supervisors resolved that the improvements were completed for the purpose of establishing a terminal period for the filing of liens in case of action under said Subdivision Agreement, and the Board authorized the Public Works Director to refund the $2,000 performance portion of the cash deposit; and In accordance with the County Ordinance Code, Title 9, the developer has requested a refund of the labor and materials portion of the cash deposit; and The Public Works Director having recommended that he be authorized to refund the $1,000 labor and materials cash deposit (Auditor's Deposit Permit No. 43114, dated July 21, 1981) to Manuel A. & Maria F. Sousa; IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I haroby caddy that this is a true and eorrect copy of en action taken and entered on the minutes of the Board of SuporWaors on the date shown. ATTESTED: iN R 1982 J.R.OLSSON,COU14TY CLERK and ex olticlo Clerk of the Boaru B C3puty ;I Orig. Dept.: Public Works (LD) cc: Public Works - Accounting Manuel A. & Maria F. Sousa 1985 Tyler St. San Pablo, CA 94806 366 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: ABSENT: Supervisors Torlakson, McPeak ABSTAIN: SUBJECT: Human Services Advisory Commission The Board having received a May 21, 1982, letter from R. G. Brown resigning as a Supervisorial District III representative on the Human Services Advisory Commission; IT IS BY THE BOARD ORDERED that the resignation of Mr. Brown from said Commission is ACCEPTED. I hereby certify that thfa is a true end correct copy of action minutes of t►M an of SUParvt ors on he date shown. Board JUN 81982 ATTESTED: NTY CLERK J.R. COU e Xof cioo'Clark of the Board Deputy By Ro da Orig. Dept.: Clerk of the Board CC: Human Services Advisory Commission County* Auditor—Controller County Administrator 367 .J UA..0 Ak-1C11V BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 8, 1982 NOTE TO CLAPIAIT Claim.. Against the County, ) T%:c ccp:l o i:ds docume;t na�i'Led to you .ia uea Routing Endorsements, and ) rut cc ej he actin: taLzr on :IOU-, cza,i- by -,:e Board Action. (All Section ) Soatd oS Supctv.isots (Patag-tapti I11, betow), references are to California ) given pu.teuant to Govvulment Code SCCtiOiL6 911.6, ('�vernncrt Code.) ) 913, 6 915.4. P£easc note the Vanning" beCow. RECEIVED C_aimant: ROYDEN WALTMON i 0 1932 Attorney: Christopher Benevent, Esq. 1000 Court Street cujNn,, CJUN:ZL MARTIN CAI:F. Al`Zress: Martinez, CA 94553 Am_nuct; $1,015,000.00 hand Date Received: May 5, 1982 By 4elivery to Clerk on May 5, 1982 By nail, postmarked on 1. FROM: Clerk of the Board of Supervisors TO: County Coanscl Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: May 5, 1982 J. R. OLSSON, Clerk, By ��fa� Lt/ , Deputy Barbara /t. Fierner Il. FROM: Court,- Counsel TO: Clerk of the Board of Supervisors (Check one only) (Y ) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.5). ( ) Claim is not timely filed. Board should tale no action (Section 911.2). ( ) The Board should deny this Application. to File a Late Claim (S P11.6). L DATED:S Y JO-1-IN B. CLAUSEN, County Counsel, By Deputy I1I. BOARD ORDER By unanimous vote of Supervisors reser. (Check one only) (�) This Claim is rejected in full. This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board1s Order entered in its minutes for this date. DATE`: JUN 81982 J. R. OLSSON, Clerk, by &41YIL , Deputy Bar ara f L' aer WARNING TO CLAIMAN-l' (Government Code Sections ,l.b 6 91.3) Vea have oaty 6 mtntiu phenr the ma,t :g c true notice to you within which to j fc o, ccutt action on this ,c1cctcd CCa,im (aec Govt. Code Sec. 945.61 oo. 6-tori the den.ia?- o{ you-, AppCicat.icn to Fite a Late Cta,im :c.ith-in a-hich ,ctit`o), a court •lot LeCic� 6-tom Section 945.4'6 cEairn-b.i.ting derdti,_e (ece Sectira 946.6). Ycu may deep Clic advice o6 any attctncu o5 yours choice .in connection :ri tk t'•..i6 matter. Ij you want to con6utt an o-ft you thou£d do to .immediatefy. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator .Attached are copies of the above Claim or Application. We notified the claimant of the Board's action on this Claim or Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ,) T - ,D: JUN 8 1982 J. R. OLSSON, Clerk, By Deputy ar ara j 4ictner FROM: (1) County- Counsel, (2) County Adr:inistrator TO: Clerk of the Board of Supervisors Received copies of this Claim , 'cation.-and Board Order. JUN 81962 County Counsel, By (�\ County Administrator, By 368 3/78 r CLAIM AGAINST THE COUNTY OF CONTRA COSTA ENDORSED TO: The Clerk of the Board of Supervisors , - r- Contra Costa County Administration Building 651 Pine Street Martinez, California 94553 j „t it 5, 1982 1. CLAIMANT'S NAME: ROYDEN WALTMON Jji.ULSSUP- 1 x so. 0c 5uaeaaSCF;S COt1TPA COSTA CO 2. NOTICES are to be sent to the Law Offices of:' CHRISTOPHER BENEVENT, ESQ. 1000 Court Street Martinez, California 94553 3. DATE OF INJURIES: January 28, 1982, and continuing through the date of this Claim. 4. PLACE OF INJURIES: In the Contra Costa County Detention Facility, 1000 Ward Street, Martinez, California. 5. CIRCUMSTANCES OF THE OCCURRENCE: (a) Claimant was at the time a detainee in the care, custody and control of the Sheriff in and for the County of Contra Costa in the above-mentioned place while awaiting trial. On January 28, 1982, two (2) officers, designated herein Officer No. 1 and Officer No. 2 identified in Paragraph 7 of this Claim, by use of excessive physical force in restraining the Claimant, broke the Claimant's arm. (b) The Claimant has, without proper reason, and without hearing, been placed in secured detention, initially with a "D" Module classification, and now, although housed in the "M" Module at the said detention facility, still has a "D" classification, said officer #3 being responsible. (c) Claimant has been informed by officer 114 and agents of the Contra Costa County Sheriffs Department that as long as he is incarcerated in the Contra Costa County Detention Facility he will have, in fact, a "D" classification. This "D" classification, as Claimant understands it, results in his being placed in solitary confinement. 6. INJURIES: The injuries suffered by the Claimant include, but are not limited to, those set forth in this paragraph. The statement of injuries presented herein is not intended to, nor does it, preclude the assertion of further harm that nay arise or become known after the date of this Claim. Personal injuries, including but not limited to, discomfort, 1. 363 r pain and suffering, and the accompanying disability, mental anguish, emabarrassment from the above-described assault and battery, the infliction of emotional distress, and false imprisonment. Further, Claimant's rights to privacy, to be secure in his person, his right to be let along, have been violated. Additionally, Claimant's civil rights under the California Constitution and the applicable statutes of this State have been violated. Nothing in this paragraph shall preclude, nor constitute a waiver of any potential claim, cause of action or remedy under federal law due to the fact that this claim is being made against the County of Contra Costa under the laws and Constitution of the State of California. 7. RESP014SIBLE PERSONS: (a) Officer No. 1 -- Officer McDonald (b) Officer No. 2 -- Officer Wether (sp. ?) (c) Officer No. 3 -- Unknown named (d) Officer No. 4 -- Unknown named (e) Does I through XX, inclusive. 8. BASIS OF CLAIM: Assault, battery, false imprisonment, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, and vio- lations of Claimant's civil rights under the laws and Constitution of the State of California. 9. AMOUNT OF CLAIM: For compensatory damages in excess of $15,000.00 in an amount to be determined in accordance with law. For punitive damages in the amount of $1,000,000. 10. I, CHRISTOPHER BENEVENT, the undersigned, am the person presenting this claim on behalf of the Claimant, ROYDF.N WALTMON. Dated: May 5, 1982 CHRISTOPITER B NEVENT Attorney for laimant 3'70 2. BOARD ACTION BOA4 OF SUPERVISORS OF CONTRA COSTA COUNTS-, CALIFORNIA June 8, 1982 DOTE TO CL.AIALANT kECEIVED Claim Against the County, ) The copy o6 this document maited to you ti Routing Endorsements, and } notice ci the ae:J^r tatcc: on ycu.' Board Action. (All Section ) Boand e5 SupVr i4orh (pahagtaph IIT,_,bdowl,_ references are to California ) given pmzuant to Govetcvnent Code SEetiai6 411.8, Government Code.) ) 913, 6 915.4. Hea,6e note the "wa)Ln.i.ng" Wow. Claimant: JAY MORGAN BESSER and ROYDEN RICHARD WALTMON, 1381 Shakespear Dr., Concord, CA 94521 Attornev: .Address: A iunt: Date Received: May 6, 1982 By delivery to Clerk on By mail, postmarked on May 5, 1982 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or App//jjl__ication t File Late Claim. DATED: May 7, 1982 J. R. OLSSON', Clerk, By W�!{fr(([ l , Deputy Barbara . Fierner I1. FRO':: Cour.ty Counsel TO: Clerk of the Board of Supervisors (Check one only) ( i This Claim complies substantially with Sections 910 and 910.2. ( This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are /\ so notifying claimant. The Board cannot act for 15 days (Section 910.81. ( ) Claim is not timely filed. Board should take no action (Section 911.2). ( ) The Board should dens this Application. to File a Late Claim on 911.6). DATED: �} 46 ' b JOHN B. CLAUSEN, County Counsel, R} Deputy III. BOARD ORDER By unanimous vote of Supervisors resent (Check one only) C ) This Claim is rejected in full. ( ? This Application to File Late Claim is denied (Section 911.6). 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. - DATED: JUN 81982 J. R. OLSSON, Clerk, by �(Lf -1 Deputy ar arIvierner WARNING TO CLAIMANT (Government Code Sections 911.8 8 9131 You have o_)7y 6 months Atom V.c rnattLng c6 Vts norcce to you wc-tlzi.n which to jiec a cow: action on .this rejected Cea,im (see Govt. Code Sec. 945.6) on 6 months a,ton•, the denizzZ o{ your Appticat,ior. to Fite a Late Chaim w-i kin which to rctition a cow-Lt r.t teticj 4tom Section 945.4',6 ctaim-biting deadtl _. (see Section 946.6). You may see, the advice o5 any attorney o6 you2 choice in connection teitl: Aziz ma-tier IS you teant to coc:su.Lt an attorney, you shoutd do so .immcdiatdy. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above Claim or Application. We notified the claimant of the Board's action on this Claim or Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 2970.3. DATED: JUN 81982 J. R. OLSSON, Clerk, By Q / Deputy Barbara ierner V. FROM: (1) County Counsel, (2) County Administrator TO. Clerk of the Board of Supervisors Received copies of this Clain or &2plication and Board Order. DATED: JUN 81982 County Counsel, By t'o County Administrator, By 371 8.1 Rev. 3/78 ENDORSED {\O1tYC' tCi1al0' WA LTMON k k - F- !� 1381 ' lka Key ear 1�r. Ni , 1i y 6 .9$? C O j Co P,d CALi N. �¢52f j.K. ULSSON i C AK 84:.R0 pF SUF£FtISOP; AM CMCC 6y L Pulte dAlm AGAINT PuBUc ENTITy tN the MAJTCr OF -'he V, CLoff' -� C LA t M t=o R. Dl��`Jt F1G�` RIC�VRo WFIa TMotj �GovT• Cade Seclov" 9101tt.5e;. Country ��' Gory-TRA Co5TA V to - , - , ; �a ��� 1 is11�PJ WALTM&W 13$1 SkaWeS eaDR. CIO QQ-a 3 . oIJeo) CC►Cy�/i- \AC7Ma 11 , ( Sh' a We,5pesv, DR. 372 4, - -tLA - 1 ' `f lq ST3 �ssw u LT -�itiB�)Tle-P,X E?XTREf-IE Mctil-ii L cl u. "/' 7->/ So Z f TA,,�y co,&l en-7 e A/T, t F Co,vT s,o,v-c AnJd A 6r�/4,5 4,3 , elk) 5:5/)" f'1 C4,4<<�i ;r,;;' 7i c^��� M C/vT�1 L (24c uz7v 1 314?exel/ Le-K-T U co %may CaivTA4 CcGT14- ���R� x�ki•�;E�, 2- 3'73 g• if1.R. (���.�-1U� IJti.R� L4 1j " .,En. tL - 3 _ - t 374 _BDABD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA June 8, 1982 VOTE TO CLADLANT Clair. Against the County, ) The tory o6 tl:.i,6 document m e .to you .c6 yeut. Routing Endorsements, and ) notice c6 Vie action .taper on yovA cta.im by.tl:e Board Action. (All Section ) Boaad o6 Supeui6ou (Pahag4arh 111, below), references are to California ) given purauant .to Cevetivsen,t Code Sections 911.€, Government Code.) ) 913, 9 915.4. PQea6e note the "wahning" Wow. Claimant: ALBERT and DENISE KING, 410 Montcrest Place, Danville, CA attorney: Clifford B. Malone 1211 Newell Avenue, Suite 112 Address: Walnut Creek, CA 94596 :Yount: $121,750.00 Date Received: May 5, 1982 By delivery to Clerk on By mail, postmarked on May S. 1982 (certified mail) I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to F•le Late Claim. DATED:May 5, 1982 J. R. OLSSON, Clerk, By &A/ *Wff� , Deputy "Barbara . ierner II. FROM: County Counsel TO: Clerk of a Board of Supervisors ` (Check one only) ( 7:1 This Claim com..plies substantially with Sections 910 and 910.2. ( ) This Claim., FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 91D.8). ( ) Claim is not timely filed. Board should take no action (Section 911.2). ( ) The Board should deny this Application to File a Late -C•laaii/m � on 93 .6). DATED: G• JOHN B. CLAUSEN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors pr6sent (Check one only) (7�) This Claim is rejected in full. ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board'; Order entered it. its minutes for this date. - DA70: JUN 81982 J. R. OLSSON, Clerk, by Deputy WARNING TO CLAMANT (Government Code Sections 911.6-T-913) You have onto 6 months gitom b-c maiting cd tJziz no cc .te you within which to ,;te a ccurt action on .thio Aejec.ted Chaim (see Govt. Code Sec. 945.6) ort 6 montLis 6.iom .the den.caC o6 you2 Appticatien to Fite a Late CEa.im within which to petition a court Ger, 4etieS 4-tom Section 945.4'.6 ctaim-6.i.ting derdt.i'+e (see Section 946.6). You may seek. alto advice o6 ary, a.ttoaney e6 yours choice .in conncction wtitl: thi.6 matters. 16 you oars( to censu_t an attoa�:eu, you shoutd do so ammediatety. IA'. FROM. Clerk of the Board TO: (1 County Counsel, (2) County Administrator Attached are copies of the above Claim or Application. We notified the claimant of the Board's action on this Claim or Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. n DATED: JUN 8 1982 J. R. OLSSON, Clerk, By C( , Deputy ar aro . ri nor 1'. FROM: (1) County Counsel, (2) Countv Administrator Clerk of the Board of Supervisors Received copies of this Claim o tion and Board Order. DATED: JUN 81982 County Counsel, B> ' County Administrator, By 8.1 - 3'75 Rev. 3/78 Law Of f i c•c•ti cif ENDORSED 1 CLIFFORD B. MALONE 1211 Newell Avenue, Suite 112 - 2 Walnut Creek, CA 94596 I L (415) 939-9394 MA Y6,Y�5, 1982 4 ��GRJ.R. OLSSOIV K 130AR0 OF SUPERVISORS ONT AODSTACO 6, Deputy 5 Attorney= for Claimants 6 7 8 9 10 11 In the Matter of the Claim of 12 ALBERT KING, DENISE KING CLAIM AGAINST PUBLIC ENTITY 13 Against 14 THE COUNTY OF CONTRA COSTA 15 16 TO: COUNTY BOARD OF SUPERVISORS, MARTINEZ, CALIFORNIA: 17 Claimants present the following claim to the COUNTY OF CONTRA 18 COSTA pursuant to Section 910 of the California Government Code. 19 1. The names and post office address of Claimaints are as 20 follows: ALBERT and DENISE KING, 410 Montcrest Place, Danville, P1 California. Claimants desire notice of this claim to be sent to 22 the within-described address. 23 2. On April 6, 1952, Claimants employed a California general 24 building contractor who agreed to meet with the supervising 25 Building Inspector of Contra Costa County* to discuss possible 26 code violations of Claimants' residence located at 410 Montcrest 27 Place, Danville, California. As a result of' an examination 28 conducted upon the Claimants' residence and discussions made .�16 1 between the supervising; Building; Inspector and the contractor, 2 numerous Building Code violations were discussed and came to the 3 attention of that contractor. On the same date, April 6, 1982, 4 Claimants were informed by said contractor of the Building Code 5 violations upon their residence. Because the Building Inspection 6 Department of Contra Costa County approved final construction of 7 this residence notwithstanding substantial Building Code viola- 8 tions, Claimants purchased a residence that contained numerous 9 defects. The Building Inspection Department has an obligation to 10 the public to insure compliance with Building Codes so as to 11 prevent the sale of residences with defective conditions. 12 The following Building Code violations have been ascertain 13 ed at the present time: defective weatherproofing of the exterior 14 siding and windows; lack of fireplace support and foundation; lack 15 of adequate head room in family room; lack of proper clearance for 16 family room outside door; defective roofing; no weatherproofing of 17 exterior siding, doors, windowsills, dripcaps, stops, weather- 18 stripping; improper support, connection, and construction of 19 exposed beam ceilings; improper valley flashings on roof; un- 20 sealed chimney flue; rain gutters; vertical board and bat siding; 21 garage door; leaks in re-circulating waterfall ; improper support 22 of stairs leading to upstairs bedrooms; lack of head room with 23 stairs leading up to upstairs dining room; dining room floor 24 support posts. These Code violations are offered as examples only 25 and are not inclusive. Claimants allege on information and 26 belief that additional Building Code violations will be discovered 27 after further investigation. 28 In addition to Building Code violations, other constructio 377 l 1 defects have been discovered. They include: entrance driveway 2 retaining wall ; entrance driveway itself; defective grading, 3 filling, compacting, moving, terracing, sloping, and cutting soil 4 upon the lot in question; landslide and slope failures upon said 5 lot; defective construction of wood walkways and decks; drainage 6 inadequacies; premature corroding of underground water and natural 7 gas entrance pipes constructed with used and defective materials. 8 Contra Costa County was negligent in failing to require 9 licensed experts, such as structural engineers, soil engineers, 10 or architects, to supervise and certify the work of improvement 11 herein described. 12 3. So far as it is known to Claimants at the date of filing 13 this Claim, Claimants have discovered construction defects that 14 will require the payment of $121,750.00 to qualified contractors 15 to rectify the problems herein described. The name of the Build- 16 ing Inspector charged with responsibility of inspecting the 17 premises is Mr. Alillgate. 18 4. At the time of presentation of this Claim, Claimants 19 claim damages in the sum of $121 ,750.00, computed on the following 20 basis: the cost to hire additional contractors to rectify the 21 problems. 22 Dated: May 3, 1982. 23 Clifford B. Malone 24 CLIFFORD B. MALONE 25 Attorney for Claimants 26 27 28 -3- 378 rDARD OF SUPERVISORS Of CONTR4 COSTA CORN l', CALIFORNIA BOARD ACTIONJune 8, 1982 NOTE TO CLAMANT 1 [L Claim Against the County, ) The copy o4 thi.b dccumckit rraiZ-e-d to you Routing Endorsements, and ) notice cj the action taLcn on yozvt'c.F-C ., Board Action. (All Section ) "ooand e6 Supe'cv.ieer„6 (ParLag)taph III, ,bdowI, references are to California ) given punAurnt .to Govet,vrent Code.SeC,Ls a.911.E, Government Code.) ) 913, 9 915.4. P cc,bc note the "wwLni.ng" be£crnr. Claimant: SHARON RE14EE LIPSTON, 2137 Lido Way, #B, Pittsburg, CA 94565 Attorney: Douglas L. Rainey 1330 Broadway, Suite 1333 Address: Oakland, CA 94612 A,nount: $150,000.00 hand Date Received: May 7, 1982 ByAelivery to Clerk on May 7. 1982 By mail, postmarked on 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or A plication o File Late Claim. DATED: May 7, 1982 J. R. OLSSOS, Clerk, By /411A Deputy Barbar Fierner II. FROM: Court,• Counsel T0: Clerk f the Board of Supervisors (Check one only) (kms) This Claim complies substantially with Sections 910 and 910.2. (' ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( 1 Claim is not timely filed. Board should take no action (Section 911.2). ( ) The Board should deny this Application to File a Late C—la�inion 911.6). DATED: /t &2 JOHN B. CLAL!SEN, County Counsel, By Deputy I11. BOARD ORDER By unanimous vote of Supervisors prese v' (Check one only) (�) This Claim is rejected in full. ( 1 This Application to File Late Claim is denied (Section 911.6). 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. _ DATED: JUN 8 1982 J. R. OLSSON, Clerk, by a Deputy ar ata erner WARNING TO CLAIMANT (Government Code Sections 11.8 913) You have onXy 6 monthz pnom t,1c maZLiP,,g cp thu notice to you witlLi.n which .to y_fe a couAt action on thZ6 %cjccted Cfa.im (bee Govt. Code Sec. 945.61 on 6 mo<<tte 6•tom the deoiat o4, yours AppCi.ca.t.ion to Fite a Late CCa.im within which to rctition a cou-ot ion ncCie6 atom Section 945.4'6 ctaim-bi i.ng de:dC.i! c (bee Section 946.6). You may beef: the advice oa any attorney oti yours choice .in connection wit1: tAis mattcn. IS you want to con6uCt an attonneu, you 6houfd do 60 .immediateky. 117. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above Claim or Application. We notified the claimant of the Board's action on this Claim or Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. JUN 81982 DATED: J. R. OLSSO\, Clerk, By �CZ/ Deputy ar ara J ner V. FROM: (1) County Counsel, (2) County Administrator 0: Clerk of the Board of Supervisors Received copies of this Claim oation and Board Order. DATED: JUN 81982 County Counsel, By County Ad�.inistrator, B' 8.1 - 379- Rev. 79Rev. 3/78 1 ENDOF5=I7 DOUGLAS L. RAINEY ! 2 Attorney at Law 1330 Broadway, Suite 1333 s ,r _ 3 Oakland, California 94612 1ti.:+ X982 (415) 451-2222 J.H.OLSSON CLLRA B05RD CF SUPERVISC�S !P4 STA CO gys,l47,s,t22v i• Deputy 5 Attorney for Claimant 6 7 8 In the Matter of the Claim CLAIM FOR DAMAGES FOR 9 for Personal Injuries of PERSONAL INJURY SHARON RENEE LIPSTON, Claimant 10 11 TO: CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA County Administration Building 12 651 Pine Street Martinez, California 94553 13 14 SHARON RENEE LIPSTON represents: 15 1. That her name and post office address is: 16 SHARON RENEE LIPSTON 2137 Lido Way, #B 17 Pittsburg, California 94565. 18 2. That all notices and other communications regaeding this 19 claim be sent to: 20 DOUGLAS L. RAINEY Attorney at Law , 21 1330 Broadway, Suite 1333 Oakland, California 94612. 22 3. That the date of the occurrence giving rise to this claim 23 January 29, 1982; place: Martinez County Hospital, 2500 24 Alhambra Avenue, Martinez, California; circumstances: negligent 25 medical treatment regarding birth of child. 26 4. Claimant is receiving Medi-Cal benefits. For this reason 27 it is not possible to give a full and complete statement of in- 28 debtedness or other obligation at this time. 380 1 Injuries sustained: severe pain and infection in uterus result- 2 ing from placenta having been left in womb. Emergency surgery 3 and dilation and curettage was required to treat this condition. 4 5. Dr. Powell; Dr. Barow. 5 6. Amount claimed as of date of presentation of this claim 6 is $150 ,000.00. This amount includes the etimated amount of 7 any prospective damage or loss. 8 9 DATED: May 6, 1982 ]0 DOUGLAS L. RAINEY, > 12 Attorney at Law 13 // 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 381 BOARD ACTION BOARD OF SUPERVISORS OF CONTRA COSTA COU\TY, CALIFORNIA June 8, 1982 NOTE TO CLAINLA\T Claim Against the County, ) The cep:, e4 thi.5 decument maitc to you it yCut Routing Endorsements, and ) notice o6 the actio+: taller cn ue::.t cia.in by the Board Action. (All Section ) Scaa.d o6 Supeavisor,-s (PaAagtaph III, be.toce), references are to California ) given puuuant to Government Code Sectiowz 911.6, C:overnmert Code.) ) 913, 6 915.4. PZwc jute the "watning" beteca. Ri:C41VLE1 Clainant: BOARD OF DIRECTORS OF PARK VILLAS ASSOCIATION, Marsh�Ceek, c/o K & S Homeowners Management Co., Inc.. P.: As `johC= 157, Attorney: Martinez, CA 94553 :Address: Amount: $29,820.00 Date Received: May 7, 1982 By delivery to Clerk on By mail, postmarked on May 6, 1982 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: May 7, 1982 J. R. OLSSON, Clerk, Byit 6/[- , , Deputy Barbara •ierner II. FROM: Court%, Counsel TO: Clerk o the Board of Supervisors (Check one only) This Claim complies substantially with Sections 910 and 910.2. ( ) This Clain FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Board should take no action (Section 911.2). ( ) The Board should deny- this Application. to File a Late Claim- 11.6). DATED: S_-/0' JOhN B. CLAUSE\, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors sent (Check one only) (�() This Claim is rejected in full. ( I This Application to File Late Claim is denied (Section 911.6). certify that this is a true and correct copy of the Boards Order entered in its rinutes for this date. i DATED: JUN 81982 J. R. OLSSON, Clerk, by Deputy WARNING TO CLAIPLA\T (Government Code Sections 911.8 8 915) you have es ,! 6 mcrtz3 phem ire m g op TA.(A notice o you wt hin which to ,site a count action on th.i.z n.ejec•ted Ctaim (zee Govt. Code Sec. 945.6) on 6 moil:Uta 6nom the denda.t o6 ycun Appf-icati.en to Fite a Late Cta.im w.Ctib, rehash to ,petition a count 4e, netce5 6nam Section 945.4',6 ctaim-6,it.ing de:dU,!e f4ee Section 946.6). you may seek. the advice e6 any attorney o6 your choice .in connection wit]. tha marten 16 you want to conbutt an atto•tneu, you showed do zo .emmediate.ty. IV. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above Claim or Application. We notified the claimant of the Board's action on this Claim or Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: JUN 8 1982 J. R. OLSSON, Clerk, By Deputy Fiernef V. FROM: (1) County Counsel, (2) County Administrator 0: Clerk of the Board of Supervisors Received copies of this Claim ation and Board Order. DATED: JUN 8 1982 County Counsel, By County Administrator, 382 e.i Rev. 3/78 HOMEOWNERS Phone 415 228 4800 MANAGEMENT PO BOX 2157 ��COMPANY- INC MARTINEZ CA 94553 May 6, 1982 Board of Supervisors Contra Costa County County Administration Buildingj nwaH oo SSE�; sc;_ Martinez, CA 94553 -«' .r3acosTA Dear Members of the Board, I am writing you on behalf of the Board of Directors of Park Villas Association - Marsh Creek (in Clayton) as its managing agent. Marsh Creek has been financially damaged by the County in the amount of $29,820, and asks for that sum from you. On September 25, 1981, Park Villas Association - Marsh Creek entered into a contract with Dolin Roofing and Insulation Company to install replacement tar and gravel roofs on 33 units at the complex for a price of $29,820. Permits (;Irs 91931 - 91952) from Contra Costa County were obtained. Dolin informed the Association that the job was completed on or about February 9. Enclosed is a copy of the sign-off for the building permits from the County. According to it the roofs were inspected and signed off as of February lst. Upon physical inspection of the roofs by a licensed general contractor, it was determined that the job performed by Dolin did not meet County building standards and was completely inadequate. The most glaring item was not distributing the gravel atop the roofs until days and even weeks after hot tar was applied. Park Villas Association - Marsh Creek submits that there either was no physical inspection by the building inspection department or the inspector who did inspect did not do his job. I am in custody of Dolin's invoices and contract. You may refer all correspondence to the association through me at the following address; K & S Homeowners Mgmt. Co. , Inc. P. O. Box 2157 Martinez, CA 94553 sincerely yours, Ahles Shaddle CC: Board of Directors 383 �t �. Lovrence T.Gunn Building Inspection - Contra _ Admin Svcs officer Department costa Sean Thong Engineer P.C. Box 749 - County Grading Engineer 1.1 artinez,California 94553 14151372.23D0 William Martindale Special Program Coordinator R.W.Giese Director o1 Building inspection �„t� Maurice C.Wagner Principal Electrical Inspector G.H.McConnell March 2, 1982 ���� Principal Mechanical Inspector David L.Squires Supervising Building Inspector TO WHOM IT MAY CONCERN: ?'YI4'1t1d Gtz-eex The permits listed below were inspected and signed off as finaled on February 1, 1982: PERMIT NO. ADDRESS OWNER 91931 44 Long Creek, Clayton Marsh Creek Homeowners 91932 34 and 36 Long Creek to Assn. 91933 26 and 28 Long Creek it 91934 14 and 16 Mt. Wilson " " 91935 27 and 29 Mt. Wilson it " 91936 23 and 25 Mt. Wilson " to 91937 19 and 21 Mt. Wilson " 91938 15 and 17 Mt. Wilson " 91939 2 and 4 Mt. Wilson " 91940 26 Mt. Wilson " 91941 16 Long Creek 11it 91942 20 and 22 Long Creek " 91946 4 Long Creek " 91947 1 and 3 Donner Creek " 91948 5 and 7 Donner Creek " 91949 1 and 3 Clark Creek " 91950 5 and 7 Clark Creek " 91951 6 and 8 Long CreekIt " 91952 18 Clark Creek Very truly yours, R. W. Giese DIRECT BU LDIi�G INSPECTION -1 B LT.�Gunn Admin. Svcs. Officer LTG:ads 384 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, Schroder NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: In the Matter of Award of Contract for Parker Avenue at 6th Street Storm Drain, Project No. 0662-6U4122-81. Rodeo Area Bidder Total Amount Bond Amounts Richard Sawdon General $18,985.00 Labor & Mats. $9,492.50 Engineering, Inc. Faith. Perf. $18,985.00 P. 0. Box 350 Diablo, CA 94528 L. Ferdig & Co., Inc. Aldrich Brothers Pipeline Raymond A. Aguiar Chas. I. Cunningham W & W Construction The above-captioned project and the specifications therefor being approved, bids being duly invited and received by the Public Works Director; and The Public Works Director having found a discrepancy in the proposal of the second low bidder, Bepco, Inc. of Oakland, in that he failed to include a unit price for Item No. 6, Minor Concrete-Type Sl-6 Curb; and Therefore the Public Works Director having recommended that the Bepco, Inc. proposal be rejected, and County Counsel's office having concurred with this recommendation, the Board hereby approves said recommendation; and The Public Works Director recommending that the bid listed first above is the lowest responsible bid and this Board concurring and so finding; IT IS BY THE BOARD ORDERED, that the contract for the furnishing of labor and materials for said work is awarded to said first listed bidder at the listed amount and at the unit prices submitted in said bid; and that said contractor shall present two good and sufficient surety bonds as indicated above; and that the Public Works Department shall prepare the contract therefor. IT IS FURTHER ORDERED that, after the contractor has signed the contract and returned it together with bonds as noted above and any required certificates of insurance or other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director is authorized to sign the contract for this Board. IT IS FURTHER ORDERED that, in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for bid security shall be returned. I herby cwfNy that this ra a true and cpnetoopyat an action taken and entered on the mkmft Of Hu &UW of Supsrvhiors on the data atiom Orig. Dept.: Public Works Department ATTESTED: JUN 81982 cc: County Administrator County Auditor-Controller J.R.OLSSON,COUNTYCLER1f Public Works Director and ex Officio Cfark Of N»Bmd Design and Construction Division Accounting Division Contractor By r Deptdy i 385 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, Schroder NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: In the Matter of Award of Contract for Pine Creek Detention Basin Water Line Replacement, Project No. 7520-688685 Walnut Creek Bidder Total Amount Bond Amounts Champion's Plumbing & $4,497.00 Labor & Mats. N/A Heating, Inc. Faith. Perf. N/A P. 0. Box 5103 Walnut Creek, CA 94596 Alhambra Plumbing Richard Sawdon General Engineering, Inc. Robert Quatman, Inc. The above-captioned project and the specifications therefor being approved, bids being duly invited and received by the Public Works Director; and The Public Works Director recommending that the bid listed first above is the lowest responsible bid and this Board concurring and so finding; IT IS BY THE BOARD ORDERED, that the contract for the furnishing of labor and materials for said work is awarded to said first listed bidder at the listed amount and at the unit prices submitted in said bid; and that said contractor shall present two good and sufficient surety bonds as indicated above; and that the Public Works Department shall prepare the contract therefor. IT IS FURTHER ORDERED that, after the contractor has signed the contract and returned it together with bonds as noted above and any required certificates of insurance or other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director is authorized to sign the contract for this Board. IT IS FURTHER ORDERED that, in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for bid security shall be returned. I fNmby cwtffy that this to a rnm and conectaepyof an action loon and entered on the mkwtat of the Board of Supervisors on the data shown. ATTESTED. JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officio Cfefh of Na Soon/ 8y ,peprd)r Orig. Dept.: Public Works Department, Design and Construction Division cc: County Administrator County Auditor-Controller Public Works Director ' Design and Construction Division Accounting Division Contractor t 386 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, Schroder NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: In the Matter of Award of Contract for Storm Drainage District Zone 16, Line D at the Contra Costa Canal, Pleasant Hill Project No. 7583-6D8558-79. Bidder Total Amount Bond Amounts D. Cahill, Inc. $30,859.00 Labor & Mats. $15,429.50 391 Arbor Ct. Faith. Perf. $30,859.00 Benicia, CA 94510 Bepco, Inc. Raymond A. Aguiar W & W Construction W. A. Smith General Engineering Contractors, Inc. The above-captioned project and the specifications therefor being approved, bids being duly invited and received by the Public Works Director; and The Public Works Director recommending that the bid listed first above is the lowest responsible bid and this Board concurring and so finding; IT IS BY THE BOARD ORDERED, that the contract for the furnishing of labor and materials for said work is awarded to said first listed bidder at the listed amount and at the unit prices submitted in said bid; and that said contractor shall present two good and sufficient surety bonds as indicated above; and that the Public Works Department shall prepare the contract therefor. IT IS FURTHER ORDERED that, after the contractor has signed the contract and returned it together with bonds as noted above and any required certificates of insurance or other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director is authorized to sign the contract for this Board. IT IS FURTHER ORDERED that, in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for bid security shall be returned. I hataDy"Hify that this kf a trueandeor»etwpy0f an action taken and entered on the MkX#a of do saw ot Supervisors on the date shown. ATTESTED. JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officio Clerk of Me Board By ..��.Deptttr Orig.Dept.: Public Works Department, Design and Construction Division cc: County Administrator County Auditor-Controller Public Works Director Design and Construction Division Accounting Division Contractor 387 IN THE BOARD OF SUPERVISORS File: 270-8202/B.4. OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Award of Contract for Reroofing at Central Library, Phase I, Pleasant Hill Area. June 8, 1982 Project No. 0113-4311; 0928-WH311B Bidder Total Amount Bond Amounts Busick Air Conditioning Company $122,203.00, which Labor 8 Mats. $ 61,101.50 P. 0. Box 2189 includes Base Bid plus Faith. Perf. $122,203.00 Dublin, CA 94566 Additive Alternates No. 1 $17,448.00 No. 2 16,649.00 No. 3 200.00 No. 4 125.00 Sal Cola Const. Roy Lines Construction Company, Inc. Martinez, CA 94553 dba R. L. Enterprises Alameda, CA 94501 J. H. Fitzmaurice, Inc. Oakland, CA 94608 Roofing Constructors, Inc. dba Western Roofing Service Malpass Construction San Francisco, CA 94124 Pleasant Hill, CA 94523 Kirkham, Chaon 6 Kirkham, Inc. Walnut Creek, CA 94596 The above-captioned project and the specifications therefor being approved, bids being duly invited and received by the Public Works Director; and The Public Works Director recommending that the bid listed first above is the lowest responsible bid and this Board concurring and so finding; IT 1S BY THE BOARD ORDERED that the contract for the furnishing of labor and materials for said work is awarded to said first listed bidder at the listed amount and at the unit prices submitted in said bid; and that said contractor shall present two good and sufficient surety bonds as indicated above; and that the Public Works Department shall prepare the contract therefor; IT IS FURTHER ORDERED that after the contractor has signed the contract and returned it, together with bonds as noted above and any required certificates of insurance or other required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director is authorized to sign the contract for this Board; IT IS FURTHER ORDERED that in accordance with the project specifications and/or upon signature of the contract by the Public Works Director, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for bid security shall be returned. PASSED by this Board on _ _ June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, Schroder NOES: None ABSENT: Supervisor McPeak rj`j/enbycerNfythatthTslsairuenndcornctcosyo► an action taken and entered on the mftzutas or the Board of Supervisors on tho date shown. ATTESTED:_ _JUN 81982 Originator: Public Works Department J.R.OLSSON,COUNTY CLERK Architectural Division and oz afflcio Clerk of the Board cc: Public IJorks Department Architectural Division ^� tr( J Public Works Accounting By ; , , c Deputy Auditor-Controller Contractor Form 9.1 (Rev. 6/80) 388 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: None. ABSENT: Supervisors McPeak, Torlakson. ABSTAIN: None. SUBJECT: Authorizing Acceptance of Instrument(s). IT IS BY THE BOARD ORDERED that the following instrument(s) (is/are) hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA Offer of Dedication for PCL 14-B Albert Marcotte, San Ramon Roadway Purposes AD 1979-4 et al. T htnDyM�'�tlttaTt atnNnrdeMrocteopyal on satin ttkan ani MOW On IM m1outo3 of the Board 01&Mnd-V!O 8RS. 1 82 CW ATTESTED: JUN J.R.OSS-!)-j,COUNTY CLERIf and nt: ;.^.tot k 8l Uta Boast! DOMY Diana M.Herman Orig. De t.: Public Works (LD) cc: Reorder (via LD) then PW Records Director of Planning 389 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers Fanden, `'c`roder. ® NOES: None. ABSENT: Suoervisors McPeak, Torlakson. ABSTAIN: None. SUBJECT: Authorizing Acceptance of Instrument(s). IT IS BY THE BOARD ORDERED that the following instrument(s) (is/are) hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Relinquishment of LUP 2004-82 Gary R. Hansen, et al. Abutter's Rights San Ramon 1han6lerrM/��Mafrhlsle+frtraond correalcopiol an mown#alt"ons enmrad on the mfnutos of the 80"Or avowlwra on the dots-hown. AMSTCO. JUN 8 1902 J.R.OLSSON,COUNTY CLERK tend sat afflolo Cterk of the Board Deputy P t3' Diana M.Herman Orig.Dept.: Public Works (LD) cc: Recorder (via LD) then PW Records Director of Planning 390 -7 FILE: 000-8702/B.4. ' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1932 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT. Approving Addendum No. 1 to the Contract Documents for Sealant Replacement at County Buildings, Richmond and Martinez Areas. (4405-4340; 0928-WH340B) The Board of Supervisors APPROVES Addendum No. i to the contract documents for Sealant Replacement at County Buildings (Richmond Health Building, 38th and Bissell Avenue, Richmond and County Administration Building, 651 Pine Street, Martinez). This Addendum provides for changes and clarifications to the contract documents. There is no increase in the estimated construction contract cost. 1Mmbyoertity that this Is a true andoeaoctoopyof an action taken and entered on the metutee of HN Boord Of Supervisors on the data ahown. ATTESTED. —JUN 81982 J.R.OLSSON,COUNTY CLERK end ex officio Clerk of the Boer) Orig.Dept.: Public Works - Architectural Div. cc: Public Works Dept. Architectural Div. Accounting Director of Planning Auditor-Controller i 391 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, MCPeak ABSTAIN: None SUBJECT: Addendum No. 1 to the Special Provisions for Construction of S.P.R.R. "BO" Line Crossing Improvements, _Project No. 0662-6R4220-80. The Public Works Director, having recommended that the Board approve and concur in the prior issuance of an addendum to the Special Provisions for construction of S.P.R.R. "BO" Line Crossing Improvements, which, with no additional expense anticipated, provides the following: 1. Corrects typographical error of percentages for Minority Business Enterprise participation goals. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. f hMbYC"fy that this fe a trueandcomteopyof an action taken and entered on the mhuhe of the Board of Sapervlsoro on the date Shown. ATTESTED: JUN s 1982 J.R.OLSSON,COUNTY CLERK and ex offlclo Clerk of Me Board By 177 ,Deputy Orig.Dept.: Public Works Department, Design and Construction Division cc: County Administrator County Auditor-Controller Public Works Director Design and Construction Division Accounting Division 392 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on JUN 81982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors McPeak, Torlakson, ABSTAIN. — SUBJECT: Authorizing Appointment of Katherine Armstrong As requested by the Director of Health Services and recommended by the - Director of Personnel, IT IS BY THE BOARD ORDERED that appointment of Katherine Armstrong in the class of Children and Adolescent Services Program Chief at the second step ($2629) of Salary Level H2-709 ($2503-3043) effective June 9, 1982 is APPROVED. NuwsbyC#dW that thfa fs a trueand corroc: an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUN 8 198? J.R. OL 4 C`.'. COUNTY C:�7RX and ex Cierk of the Board o, DOPW C. Matthew8 Orig.Dept.: Personnel cc: County Administrator Auditor-Controller Health Services + 393 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: — ABSENT: Supervisors McPeak, Torlakson. ABSTAIN: — SUBJECT: Authorizing Appointment of Patricia Brock, Cherry Holzschuh and Vanita Patel As requested by the Director of Health Services and recommended by the Director of Personnel, IT IS BY THE BOARD ORDERED that appointment of Patricia Brock in the class of Respiratory Technician at the third step ($1437) and Cherry Holzschuh and Vanita Patel at the the third step ($8.70 hour) of Salary Level H2-056 ($1303-1584) effective May 19, 1982 is APPROVED. I Mreby certify that this is a trueand correct copyd an action taken and entered on the minutes of the Board of Supervisors on the date own. ATTESTED: JUN 4S J.R.0_;7F' '47Y CLERK and ex ohicia CourA of tha Board dCGGG� DePullp C Matthen Orig.Dept.: Personnel cc: County Administrator Auditor-Controller Health Services 394 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, and Schroder. NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Liberty Union High School District Report of Expenditures of Interim School Facilities Fees, Fiscal Year 1980-1981. The Board having received a May 26, 1982, letter from Ronald L. Stewart, Ed.D., Superintendent, Liberty Union High School District, submitting a report of fiscal year July 1, 1980, through June 30, 1981, expenditures of funds received by the District as a result of interim school facilities fees; and Superintendent Stewart having stated in his letter that the District currently has 136 unhoused students and, therefore, continues to be in a growth state and continues to qualify for appropriate funding to alleviate and/or eliminate this condition; and Supervisor T. Torlakson having recommended that Superintendent Stewart be requested to seek legislative reform to resolve certain ambiguities in the current law which preclude the purchase of temporary facilities; IT IS BY THE BOARD ORDERED that the report of Superintendent Stewart if REFERRED to the Director of Planning, and the recommenda- tion of Supervisor Torlakson is APPROVED. 1 hereby certify that this is a true and correct copyof an action tek,_:end entered on the minutes of the Board of Su;�en­ors on tho data shown. ATTESTED: - oZ J.R. O SON, COUNTY CLERK and a officio Clerk of the Board By Deputy Orig.Dept.: Clerk of the Board of Supervisors CC: Director of Planning Liberty Union High School District Superintendent Ronald L. Stewart County Auditor-Controller County Counsel County Administrator 395 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Request for Disbursement of Park Dedication Trust Funds to the Dublin San Ramon Services District The Board on May 25, 1982 having fixed this time for recon- sideration of the request of the Dublin San Ramon Services District for disbursement of $1500 of park dedication fee funds for the design of a solar pool heater for the San Ramon olympic pool located at the California High School; and The Board having subsequently received a Minute Order adopted by the Board of Directors of the Dublin San Ramon Services District on June 1, 1982 requesting the release of $27,379.00 from the Park Dedication Trust Fund for construction of the solar heating system; and Paul Ryan, General Manager of the Dublin San Ramon Services District, having commented on the District's request for park funds for its solar heating project; and Supervisor Schroder having stated that in keeping with the County's energy conservation concept, he would recommend that the District's request be approved; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Schroder is APPROVED and the County Auditor-Controller is DIRECTED to disburse $27,379.00 from Park Dedication Trust Fund Account Number 4025 to the Dublin San Ramon Services District. /hereby cerNty that this is a trusandcorrectcopyol an action taken and entered on the minutes of tin Board of Supervisors on the dote shown. ATTESTED: J.R.OLSSON,COUNTY CLERK and ex ofiiclo Clerk of the SaaM 8y 2 ,Deputy Orig.Dept.: Clerk of the Board cc: Dublin San Ramon Services District Director of Planning County Auditor-Controller County Counsel Public Works Director County Administrator 396 I i,L- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Authorize Contract Change Order No. 17 Pacheco Blvd.-Marina Vista Improvements, Project No. 0662-6R4222-80 WHEREAS it was found necessary to initiate a contract Change order No. 17 for the Pacheco Blvd.-Marina Vista Improvements Project in the amount of $5,381.41 to compensate the contractor for utility delays; and The expended portion of the contingency fund exceeds $25,000. IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to execute the contract change order. I henbyc"ty that this is a trueend oorrectoopyef an action taken and entered on the tnkNOW Of ON Board of Supervisors on the date Shorn. ATTESTED: JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officio Clerk of the Dowd By ,Deputy Orig.Dept.: Public Works Department, Design and Construction Division cc: County Administrator County Auditor-Controller Public Works Director Design and Construction Division Accounting Division 397 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on - June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: Bone ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: In The Matter Of Authorizing Execution of a Lease Commencing May 1, 1982 with Carquinez Coalition for the premises at 189-199 Parker, Rodeo IT IS BY THE BOARD ORDERED that the Chairman of the Board of Supervisors is AUTHORIZED to execute on behalf of the County a lease commencing May 1, 1982 to the Carquinez Coalition for the premises at 189-199 Parker, Rodeo, for continued occupancy by the Carquinez Coalition under the terms and conditions as more particularly set forth in said lease. thereby certify that this Is a true andoorteetCopyef an action taken and entered on the mAnutes W the Board of Supervisors on the date shown. ATTESTED: JUN 81982 J.R.OLSSON,COUNTY CLERK and ex officio Clerk Of thr Board By ,Deputy mlw Orig.Dept: Public Works Dept. - L/M cc: County Administrator County Auditor-Controller (via L/M) Public Works Accounting (via L/M) Buildings and Grounds (via L/M) Lessee (via L/M) 398 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson. NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Transfer of Medi-Cal Patients from Skilled Nursing Facilities The County Welfare Director on behalf of the Advisory Council on Aging and in response to the Board referral of April 6, 1982, having forwarded recommendations from the Advisory Council on Aging relating to their investigation of the problem of patients who are admitted to nursing homes on a private basis and are thereafter transferred when they become eligible for Medi-Cal, said recommendations including consideration of new regulations and legislation, formation of possible forums explaining present policy, providing assistance to those unable to complete necessary paperwork or Medi-Cal forms, and creation of a Task Force to explore future legislative solutions; and The County Administrator having recommended that the Board establish a task force on nursing home care whose principal charge should be to consider this problem and make recommendations to the Board for proposed legislation or other changes needed to resolve the problem; that the Board designate a representa- tive from the Central Contra Costa Council of Churches to chair the task force; that the Board authorize the Chair of the task force in conjunction with the Advisory Council on Aging to designate members to serve on the task force, and that the Board direct the task force to report their recommendations to the Board of Supervisors as appropriate; IT IS BY THE BOARD ORDERED that the recommendations of the County Administrator are APPROVED, and it is further ordered that the aforesaid report is acknowledged. fhentbyew tythatthJat&,►rnraandcorrecte" an action taken anr: -}a. Ms mint"of Me Board of Supervisors or,:-�.:date ahmn. ATTESTED. JUN 8 i9y J.f1,OLSSOM, COUNTY CLERK &W flit off io C+erk of the Board .Deputy C.Matthews Orig.Dept: County Administrator cc: Human Services County Welfare Director t Advisory Council on Aging Council of Churches 399 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Schroder, Fanden. NOES: --- ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: --- SUBJECT: Fixing June 29, 1982 at 10:30 A.M. as Time to Consider Adopting Fee Schedules effective July 1, 1982 for: Testing Non-commercial Devices, Commercial Devices at Owner's Request, and Devices for Type Approval. IT IS BY THE BOARD ORDERED that 10:30 A.M. June 29, 1982 be fixed as time to consider adopting the above fees as recommended by John H. de Fremery, Agricultural Commissioner-Director of Weights and Measures, and authorized by Business and Professions Code Sections 12210(b) , 12210.5, and 12500.9. lhmoycer*Met Mfa Is a true andeonaeteopyal an aeUon taken and entered on the minutes of the Ioard of Supervisors on the date shown. ATTEsTED. JUN 81982 J.R. OLSSON, COUNTY CLERK Jlnd ax officio Cierk of the Board J Deputy Q. Matthen Orig. Dept.: County Administrator cc: Agriculture Department Auditor-Controller 400 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 P ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: --- ABSENT: Supervisors Torlakson, McPeak. ABSTAIN: --- SUBJECT: --SUBJECT: Fee Schedule for Post Conviction Drinking Drivers Program The Health Services Department having forwarded the Board a recommendation that the Board approve an increase in the fee schedule for the Post Conviction Drinking Drivers (SB 38) Program effective July 1, 1982 from $769 to $845; and The Health Services Director having noted that it is no longer necessary for the State Department of Alcohol and Drug Programs to review and approve the increased fee schedule as long as it does not exceed 11%; and The County Administrator having noted that pursuant to Government Code Section 54992 as added by SB 1005 (Chapter 914, Statutes of 1981) the Board of Supervisors must hold a public meeting prior to increasing an existing fee or service charge, and having recommended that the Board fix 10:30 a.m. on June 29, 1982 in the Board Chambers as the time and place to receive any public testimony relating to the proposed increase in the fee schedule for the Post Conviction Drinking Drivers Program; IT IS BY THE BOARD ORDERED that a public hearing is scheduled as recommended by the County Administrator. Oka MY cwft Mat this Is a Nueandeotrarfewer an action taken and entered on the mintdaa of tAa aowd of Supervisors on the data ahown. ATTESTED: JUN 81982 J.R.OLSSON, COUNTY CLERK and•x officio Clerk of the Board �.Deputy C.Matthews Orig.Dept.: County Administrator cc: Human Services Health Services Director Alcohol Program Chief County Auditor 401 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Hearing on Appeal of Susan Fitzsimons et al from Approval of Application Filed by Clark Wallace for Development Plan No. 3063-81, Walnut Creek Area WHEREAS on the 18th day of May, 1982, the Board of Appeals approved with conditions the application filed by Clark Wallace for Development Plan No. 3063-81 for an office project in the Walnut Creek area; and WHEREAS within the time allowed by law, Susan Fitzsimons et al filed with this Board an appeal from said action; NOW, THEREFORE, IT IS ORDERED that a hearing be held on said appeal before this Board in its Chambers, Room 107, County Administration Building, Pine and Escobar Streets, Martinez, California, on Tuesday, June 29, 1982 at 2:00 p.m. and the Clerk is directed to post and publish notice of hearing pursuant to code requirements. I hereby certify that this is a trueand corractcopyof an action taken and entered on the minutes of the Board of Supervisor on the date shown. ATTESTED: J.R.OLSSON, COUNTY CLERK -and ex officio Clerk of the Board By, 12�1 JLL= Deputy Orig. Dept.: Clerk of the Board cc: Clark Wallace Susan Fitzsimons et al List of Names Provided by Planning Department Director of Planning 402 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1482 by the following vote: AYES: Supervisors Powers, Fanden, Schroder. NOES: --- ABSENT: Supervisors Torlakson, Plc Peak. ABSTAIN: — SUBJECT: Approval of Contract Amendment Agreement 1120-322-4 with Family Stress Center, Inc. The Board having considered the recommendation of the Director, Social Service Department, regarding approval of Contract Amendment Agreement #20-322-4 with Family Stress Center, Inc. for counseling and parent aid services for families, IT IS BY THE BOARD ORDERED that its Chair is authorized to execute Contract Amendment Agreement 1120-322-4 with Family Stress Center, Inc. for an additional $7,674 in consideration for the following services: Provide and use video equipment for diagnosis and therapy in counseling sessions as appropriate, and in addition, provide transportation for children and/or parents referred by Contra Costa County Social Case Workers. I hereby certify that this is a truo andcorreOCOPYatr an action talion and entered on tha minutes of the Board of Supervisors on the dare shot'n. ATTESTED: —s�UT�--$1�$2---• J.R.OL" "4, -Y CSf" and ax ��,�t��"r,et tra Ec)ard C. Matthews Orig. Dept.: Social Service, Attn: Contracts and Grants Unit cc: County Administrator Auditor-Controller Contractor 403 A ld THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8. 1982 by the following vote: AYES: Supervisors Powers, Fanden, Schroder NOES: None ABSENT: Supervisors Torlakson, McPeak ABSTAIN: None SUBJECT: Hearing on Rezoning Application 2525-RZ and Development Plan No. 3020-82 Filed by Duffel Financial and Construction Company, Pleasant Hill Area (John V. Hook, Owner) The Director of Planning having notified this Board that the County Planning Commission recommends approval of the application filed by the Duffel Financial and Construction Company (2525-RZ) to rezone approximately nine acres located southeast of the intersection of Buskirk and Hookston Road, with one parcel fronting 430 feet on the south side of Hookston and the other 200 feet on the east side of Buskirk, in the Pleasant Hill area from General Agricultural District (A-2) to Planned Unit District (P-1) together with Development Plan No. 3020-82 to construct Phase I of a two-phase professional office development; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, June 29, 1982 at 2:00 p.m. in the Board Chambers, Room 107, County Administration Building, Pine and Escobar Streets, Martinez, California, and that pursuant to code requirements, the Clerk is directed to publish and post notice of same. i homby certify that thls is s tare sndcarrecteopyof an action taken and entered on the minutes of the Board of Supervisors on the dab shorn. ATTESTED.--r7— all -� J.R.OLSSON,COUNTY CLERK -and ex officio Cierk of the Board By .Deputy Orig. Dept.: Clerk of the Board cc: Duffel Financial and Construction Co. John V. Hook List of Names Provided by Planning Department Director of Planning 404 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1982 ,by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Internal Operations Committee Report Relating to Ranchette Development On May 24, 1982 the Internal Operations Committee considered the report of the Planning Director related to Ranchette Development. The principal findings of this report were reviewed by the Planning Director and discussion followed with concerned landowners in Deer Valley. It was noted that the report deals with the ranchette develop- ment problems throughout the unincorporated area, but that primary interest is focused on the east county area at this time. It was noted that several options exist with respect to the report as follows: 1. Existing policies already provided in the Open Space/Conservation Element and the East County Area General Plan be implemented by applying them to land division proposals. 2. Direct staff to provide further refinement of the General Plan to clarify the intent and policies of the open space and agricultural/residential designations. 3. Adoption of criteria which would allow for ranchette development where the criteria could be met. 4. A determination by the Board of Supervisors that ranchette uses are not an appropriate land use in the county; this determination would include an appropriate policy amendment to the General Plan. Additionally, some combination of the above options could be determined upon based on more detailed specific information than is available at this time. East county representatives generally expressed the view that more specific definitions are required with respect to land and that the availability of water, all-weather roads and percolation should be the primary criteria relating to Deer Valley development. The committee was shown maps prepared by an engineering consulting firm on behalf of the Deer Valley property owners showing short-range desired developments as well as longer term development considerations in Deer Valley. From these maps it was clear that most property owners wish to reserve the right to allow for future residential development although recognizing that the criteria cited presently would preclude any rapid development and provide protection for the existing grazing lands. As a result of its review the Internal Operations Committee recommends that this report be referred to the County Planning Commission for consideration and hearings as necessary and tentatively restricting consideration at this time to the east county area. The committee further recommends that the referral to the Planning Commission be based on the following procedural guidelines: 1. That the County determine, from the report, what policies should be selecte3,if any, for consideration for amending the General Plan; and what possible ordinance provisions or requirements, if any, should be selected for consideration for inclusion in the ordinance code. 405 -2- 2. Schedule public hearings to consider the amendments to the General Plan or the ordinance code as may be necessary. 3. Following the public hearings, the Commission would submit their report to the Board of Supervisors. Generally the committee recommends that a co-referral of this report be made to the Agricultural Advisory Committpe for consideration especially in relation to definition of agric 1 soils classi- fications and fencing of agricultural lands T. TORLAKSON R I. SCHRODER Supervisor, District V Supervisor, District III Board members discussed the advantages and disadvantages of ranchette development, the feasibility of identifying certain areas for ranchette development, and the need for information on areas targeted for urban growth. They also reviewed the options set forth herein and reached a concensus that Option No. 4 should not be considered at this time. Supervisor Sunne W. McPeak recommended, as a substitute for Option No. 4, that the Planning Commission be requested to consider whether specific areas should be designated for ranchette development and, if so, which areas. Board members being in agreement, IT IS ORDERED that the recommendations of the Internal Operations Committee and the recom- mendation of Supervisor McPeak are APPROVED. lharalroertffy that Mh la•trueaMaanraetoe�yol an action taken and entered on the minadae of lie Sward o/Suparvison on the data&hero. ATTESTED: JUN 81982 J.A.OLSSON,COUNTY CLERK and ex officio Clark of ehe Board ivy .aPufy cc: Director of Planning Planning Commission County Administrator 406 June 8, 1982 Closed Session At 2:00 p.m. the Board recessed to meet in Closed Session in Room 105, County Administration Building, Martinez, California to discuss personnel and litigation. At 3:00 p.m. the Board reconvened, in its Chambers and continued with the calendared items. 407 And the Board adjourns to meet in regular session on Tuesday June 15, 1982 _ at 9:00 a.m. in the Board Chambers, Room 107, County Administration Building, Martinez, CA. Sunne W. McPeak, Chair ATTEST: J. R. OLSSON, Clerk Ale Geraldine Russell, Deputy Clerk 408 The preceding documents contain LOS pages.