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HomeMy WebLinkAboutMINUTES - 03151983 - R M3 IN 1C nj uteS MARC THE BOARD OF SUPERVISORS MET IN ALL ITS CAPACITIES PURSUANT TO ORDINANCE CODE SECTION 24-2 . 402 IN REGULAR SESSION TUESDAY March 15 , 1983 IN ROOM 107 COUNTY ADMINISTRATION BUILDING MARTINEZ , CALIFORNIA PRESENT: Supervisor Robert Schroder , Presi0inq Sunervisor Tom Powers Supervisor Nancy randen Supervisor Sunne �Icreah Sunervisor Ton Torlakson ABSENT: sone N. CLERK: J. R. Olsson, Represented by Geraldine Russell , Deputy Clerk 001 ( CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT T/C 2 7 �� I. DEPARTMENT OR ORGANIIATION UNIT: Sheriff-Corofier'` ACCOUNT CODING r ORGANIZATION SUB-OBJECT 2. FlX D *33ET <DECREAS>E INCREASE OBJECT OF EXPENSE OR FIXED ASSET ITEM 10. QUANTITY Coroners Division 0359 4956 Autopsy Tables 10 $59000.00 0359 2140 Medical & Lab Supplies $29500.00 0359 2479 Other Special Dept. Exp. 29500.00 APPROVED 3. EXPLANATION OF REQUEST AUDITOR- ONTROLLER To replace existing equipment which is cracked, chipped By. Data 0 j SP broken, and in various other stages of disrepair. These i', tables are used on a daily basis and have not been COUNTY ADMINISTRATOR replaced since 1975. The existing units are unsafe and unsanitary and should By:A0Date / be replaced immediately. BOARD OF SUPERVISORS Internal adjustment not affecting department totals. r+hors A, er.P,hdrn, YES : NlcPeak,TwIaLwn N0: &-7 MAR 15 3983 On / J.R. 0 SON, CLERK 4, ASA III 3 / 4/ 8: IetiATURE TITLE DATE By: � '�2'z ` � Reed L. McDonald APPROPRIATION A POO.5�� ADJ. JOURNAL 10. (M 129 Rev. 7/77) SEE INSTRUCTIONS ON REVERSE SIDE 002 PT , • !t� CONTRA COSTA COUNTY 6 (� APPROPRIATION ADJUSTMENT-9 j"� T/C 2 7 1. DEPARTMENT OR ORGANIZATION UNIT: ACCOUNT CODING Treasurer-Tax Collector 001.5 RGANIZATION SUB-OBJECT 2. FIXED ASSET <,bECREASE> INCREASE OBJECT OF EXPENSE OR FIXED ASSET ITEM NO. QUANTITY 0015 1011 Permanent Salaries 22 , 185 .00 0015 1013 Temporary Salaries 213160.00 0015 1014 Permanent Overtime 13740.00 0015 1044 Retirement Expense 43030. 00 0015 1060 Group Insurance 33306.00 0015 2100 Office Expense 65621 .00 APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CONTROLLER To adjust expenditure balances to reflect current needs for 1982-83 fiscal year. Internal B_ Date -3 AVIV adjustment only not affecting department totals . COUNTY ADMINISTRATOR By: Date / / BOARD OF SUPERVISORS YES : Snpenisos Power,hf*n. Schnxkr.Mcptjk.Turbk In No: MAR 15 On J.R. OLSSON, CLERK a., rP.",rJ15kKSst- Investment Officer 3 / 1/83 S16NATURE TITLE DATE By. iG� Sal . P0 Amante a APPROPRIATION A POO L,22,7 ADJ. JOURNAL NO. (M 129 Rev. 7/77) SEE INSTRUCTIONS ON REVERSE SIDE 003 Contra To: Board of Supervisors Costa From: M. G. Wingett, County Administrator County Date: March 14 , 1983 Subject: Exceptions to Financial Freeze Specific Request (s) or Recommendation(s) : Approve actions of the County Administrator in making exceptions to freeze of specified administrative actions. Background and Justification: My office has been continuing to carefully review departmental requests for exceptions to the freeze imposed by your Board on December 20 , 1982 as a result of the shortfall in anticipated revenue. In previous weeks we have submitted to you an individual list of exceptions to the freeze , but in the interest of conserving staff time, we have prepared a tabulation in summary form showing those actions approved by our office and for which ratification is requested by your Board (supporting documents are on file in my office with respect to each of these actions) . Permanent Appointments for the following departments : Marshal - 1 Health Services - 11 Cooperative Extension - 1 Temporary Appointments for the following departments : Public Works - 1 Public Defender - 2 (both 20/40) Probation - 1 Health Services - 7 Animal Services - 1 Clerk-Recorder - 1 Contract Clerical Help for the following departments: Mt. Diablo Municipal Court - * l Health Services - 5 Capital Outlay for the following departments : Agriculture Sheriff-Coroner Health Services Social Services Library f Continued on Attachment: Yes No Signature: fG x Recommendation of County Administrator Recommendation of Board Committ e __.& Approve Other Comments: Signature (s) 2: z r;7 7, Board of Supervisors Action: �pproved as Recommended other I hereby certify that this is a true and correct COPY Of an action taken and entered on the minutes of the Board of Supejv ors on the date shown. ATTEST � ED: ! -� . .L�3._.._ Unanimous (Absent __. d ) J.R. OLSSON, COUNTY CLERK Ayes: and ex officio Clerk of the Board Abstain: i Deputy cc: Administrator By Director of Personnel a Auditor-Controller Above-named Depts. POSITION ADJUSTMENT REQUEST No. 4;2q,03 Date: 2/25/83 Dept. No./ Copers Department PROBATION Budget Unit No. 0249 Org. No. 0249 Agency No. 30 Action Requested : Create Exempt position of Legal Cost Recovery Unit Supery isor Proposed Effective Date: 318783 Explain why adjustment is needed: See attached Memo m m Classification Questionnaire attached: Yes [] No Ej No additional cost -C*i replace contract positioi=of Wally Donavan tV r-cil Estimated cost of adjustment : S =' 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. w Use additional sheets for further explanations or comments, &J orDepartment Head Personnel Department Recommendation Date: March 8, 1983 Allocate the class of Legal Cost Recovery Unit Supervisor to the Basic Salary Schedule at salary level H2. 646 (2351-2857) and classify 1 position. This class is exempt from overtime. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic/Exempt Salary Schedule, as described above. Effective: N1 day following Board action. 1 . tl�—? k)ur-SL u— Date for Direc or a onne County Administrator Recommendation Date: 31"'Approve Recommendation of Director of Personnel E3 Disapprove Recommendation of Director of Personnel 0 Other: for County Adminis r for Board of Supervisors Action MAR 15 X83 Adjustment APPROVED/D�.�4P W on J.R. Olsson, County Clerk Date: MAR 151983 By: APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY RESOLUTION AMENDMENT.11*7 M3 6/8P- 005 /8005 ATTA(7---s 7 "All POSITION ADJUSTMENT REQUEST No. la 9 0 LL CC Date: 03/03/83 Dept No./ R E (' E N C U Copers G l' Department Marshal Budget Unit No. 0266 Or No, 0266 Agency No. �� i 3 Action Requested: Cancel a Deputy Clerk II position - A a Deputy Marshal positi r. CIVIL1 E0$p Proposed Effective Date: asap Explain why adjustment is needed: Please see attached letter. Classification Questionnaire attached: Yes [] No Estimated cost of adjustment: $ Cost is within department 's budget: Yes a No E;! If not within budget, use reverse side to explain how costs are t funded. Department must initiate necessary appropriation adjustment. i Use additional sheets for further explanations or comments. Ile or D ar ment Head Personnel Department Recommendation Da e: March 8, 1983 Classify 1 Deputy Marshal (Exempt) , salary level H2 425 (1885-2291) and cancel Deputy Clerk II , position C6-010, salary level HI 887 (1103-1341) . Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic/Exempt Salary Schedule, as described above. Effective: D4 day following Board action. Date or Direc r f ersonne County Administrator Recommendation Date: 'Approve Recommendation of Director of Personnel CI Disapprove Recommendation of Director of Personnel 0 Other: for County Adminis rator Board of Supervisors Action MAR 1 lg$3 Adjustment APPROVED/D5411 on J.R. Olsson, County Clerk Date: MAR 151983 By: i2 APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL SALARY RESOLUTION AMENDMENT/ M6/82 t ; 006 2 r ryh r r t :817- � e rx �. p 4 � p^.4 � ^ F ifr F It �w march . 15. 8 JAY" d f V&0aw an A : Su e�-v1sors Pokers, F Iden, Weak, Torlskson,, Sc�iroder A p Hance x 4 TH done :. ABSTAW. res t3 n d ustment Request of health. Servides ;A partment P u M rY *f The Board this day h$vig considered the proposed establishment `r of the C.1asses sof' Mental Realth am ly Assessment: terq! and: en a3. Health Pstcholagical Testing Intern, Salary Lever S7 219 (68$F c2assi fiect, for he health Services Department; and a R Mr. henry L. C3.arke: and Mr. Stanley Hntter: of Contra 'Cosa Count- y dared and ob�ecte 3o ee8 A�$SQL8t4Y3�` TiOC�� ;$�o. �: �18�t .f!$ :8 Would to the proposal, indicating that in- their views he- inern spl the Mental Health T�eatment' bye replacing, at a lower rate of pay, who havebeen paid off; and u' Mr. William Hamilton of the County Personnel }epss►tment and Ms. Kathy Armstrong of Mental 'Health Services. having pP voiced support for establishment' of he cla ses; Snd � IS ,BY THE� BOARD ORDERED that thus matter is RL'�"E'►�ED _to he Finance Committee Supervisors Torlakson and McPeak�; for review and reeoimnendation to the .Board. r lsatt��eactM� �. ' , a�tian takecL aad Board ot.Su •• "" / . .�� ;.� S'r'E ATTR .. J.c'3. �. .a». BLEAK fist. 19 : By Orig. Dept.:`:: Clerk of Board cc: Finance ,Committee Personnel- Department. Health Services .Department County Administrator' L. ` 0.: . r . - .,s 1 CLAIM BOARD OF SUPE WISORS OF CONTRA COSTA COU-NTY, CALIFOF?IA BCS ACTION Claim Against the County, ) NOTE TO CLAIMANT Mar. 15, 1983 Routing Endorsements, and ) The copy of this docent mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: Kelly Tyler, by and Through her Guardian Ad Litem Robert Tyler 787 Peachwood Dr. , Brentwood, CA 94513 Attorney: Alan Moss , A Professional Corporation 433 Turk Street Address: San Francisco, CA 94102 Amount: t530009000 - 00 By delivery to Clerk on Date Received: Jan. 24 , 1983 By mail, postmarked on Jan. Llr,, Certified P03 5964051 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: March 1 , 1983 J.R. OISSCN, Clerk, , Deputy een, malratto II. FRONT: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( >( ) This Claim canplies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to damply 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 reject claim on grour4 that it was filed late. (§911.2) / DATED: S, u" ;; JOHN B. CLAUSEN, County Counsel, , Deputy III. BOARD ORDER By unanimous vote of Supervi s prdsent ( X } This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: March 15 , 19 8 3J.R. OLSSON, Clerk, ? Deputy ` - Reenl Malfatto ' WARNING (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months fran the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1) County Counsel, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim 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: March 16, 1983 J. R. OISSON, Clerk, �, Deputy Reerli maiXatto V. FROM: 1) County Counsel,, 2 County Administrator TO: Clexk of the Board of Supervisors Received copies of this Claim and Board Order. t008 � DATED: March 161283 County Counsel, By County Administrator, (AIM f I ALAN MOSS A Professional Corporation 2 JOE R. A1cCRAY A Law Corporation 3 433 Turk Street F I L D San Francisco, California 94102 4 Telephone: (415) 775-3900 5 , Attorneys for Claimant KELLY TYLER J. R. OLSSOIN a minor by and through her CL-4K BOARD Or SUPERVISORS 6 Guardian Ad Litem ROBERT TYLER B 99i°„.. cos o. Deputy 7 8 9 In the Matter of ) the Clain of KELLY TYLER, ) 10 a minor, by and through her ) Guardian Ad Litem ROBERT TYLER, ) CLAIM AGAINST 11 ) A PUBLIC ENTITY against, ) 12 ) The State of California and Contra ) 13 Costa County, public entities. ) 14 15 TO: COUNTY OF CONTRA COSTA 16 KELLY TYLER, by and through her Guardian Ad Litem, ROBERT 17 TYLER , hereby makes claim against Contra Costa County, for the sum of five 18 million dollars ($5 ,000,000.00) , and makes the following statements in support of 19 this clain: 20 1 . Claimant's address is 787 Peachwillow Drive, Brentwood, California 21 94513. 22 2. Notices concerning this claim should be sent to Law Offices of t 23 Alan Moss, A Professional Corporation, 433 Turk Street, San Francisco, 24 California 94102. _ 25 3. The date and place of the events giving rise to this claim are 26 March 31 , 1982, State Route 4, approximately two tenths ( .2) of a mile east of • Exhibit "A" 00q I its junction with the Byron Highway. 2 4. The circumstances giving rise to this claim are as follows: On 3 the above date and place, Claimant KELLY TYLER was driving a pickup truck 4 in an eastern direction which collided with a vehicle being driven in a western 5 direction. Said collision was proximately caused by the negligent design and 6 maintenance of said roadway causing one or both vehicles to slip out of the 7 curve at said point. Despite knowledge of multiple prior accidents at the iden- 8 tical location , said public entity has refused to redesign or otherwise safeguard 9 against similar occurrences. As a result of said negligence, claimant suffered 10 extreme personal injuries including but not limited to second and third degree 11 burns over most of her head and body. 12 5 . The names of the public employees causing the Claimant's injuries 13 are unknown at this time. 14 6. The Claimant's claim as of the date of this claim is five million 15 dollars ($5 ,000,000.00) . 16 7. The basis of said amount is approximately two hundred fifty 17 thousand dollars ($250,000.00) in medical expenses incurred to date, estimated 18 future medical expenses of five hundred thousand dollars ($500,000.00) , and 19 damages of four million two hundred fifty thousand dollars ($4,250,000.00) . 20 21 DATED: 22 23 24 On Behalf of CS Mim a n t F KELLY TYLER, a minor by and through 25 her Guardian Ad Liters ROBERT TYLER 26 -2- i= t 010 I ALAN MOSS A Professional Corporation 2 JOE R. McCRAY A Law Corporation 3 433 Turk Street San Francisco, California 94102 4 Telephone: (415) 775-3900 5 Attorneys for Claimant KELLY TYLER a minor by and through her 6 Guardian Ad Liters ROBERT TYLER 7 8 In the (Hatter of ) the Claim of KELLY TYLER, ) 9 a minor, by and through her ) Guardian Ad Liters ROBERT TYLER, ) DECLARATION OF 10 ) ALAN MOSS against, ) 11 ) The State of California and Contra ) 12 Costa County, public entities. ) 13 1 , Alan Moss, declare as follows: 14 1 an an attorney-at-law, duly qualified to practice before all the 15 courts of this State and am attorney of record for KELLY TYLER. 16 KELLY TYLER is presently a minor, and was a minor on March 31 , 17 1982 , the date of the injuries complained of. 18 KELLY TYLER was born on November 23, 1965. Therefore, during 19 the pendency of her claim she was a minor at all times. 20 This application to present late claim is being filed within nine (9) 21 months of its accrual . 22 1 declare under penalty of perjury that the foregoing is true an 23 correct. 24 Executed at San Francisco, California this of January, 1983. 25 26 ALAN MOSS Attorney for Claimant KELLY TYLER, a minor by and through her Guardian Ad Litern ROBERT TYLER Exhibit "B" 0 t 0 11 • ALAN MOSS LAW OFFICES 433 TURK STREET i SAN FRANCISCO. CALIFORNIA 54102 14151 773-3900 CERTIFIED MAIL, No. P03 5964061 Return Receipt Requested January 21 , 1983 Clerk of the Board of Supervisors Board of Supervisors for the Countv of Contra Costa Box 911 Martinez , California 94553 Re: In the Alatter of the Claim of KELLY TYLER a minor, by and through her Guardian ad litem ROBERT TYLER Dear Sir or Madam: Enclosed you will please find the original and two copies of the APPLICATION FOP LEAVE TO PRESENT LATE CLAIM, and its accompanying documents, CLAIM AGAINST A PUBLIC ENTITY , and DECLARATION OF ALAN MOSS, regarding the above-referenced claim. Please file the claim and its supporting documents with the Contra Costa County Board of Supervisors, conform the copies , and return the copies to this office in the self-addressed , stamped envelope provided. If you have any questions regarding this claim, please do not hesitate to contact this office. Thank you very much for your assistance. ry tr y yours, �4 -ti enneth Polistina Administrative Aide ALAN MOSS A Professional Corporation /KSP Enclosures cc: Moss McCray A PROFESSIONAL CORPORATION 012 .1 CLAIM BOARD OF SUPERVISORS OF COMM COSTA CdURrY, CALIFORNIA BOARD ACTION Claim Against the County, ) h= TO CLAIMANT Mar. 15, 1983 Routing Endorsements, and ) The copy of this document mailed to you is your Hoard Action. (All Section ) notice of the action taken on your claim by the references are to California I Board of Supervisors (Paragraph III, below) , Government Code. ) ) given pursuant to Goverment Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: Maria Llamas , 4225 Arthur Road, Martinez, CA 94553 Attorney: t-` i!7ty Address: F EBI 1 1983 . r� X100, 000 . 00 '�" ' " ' X55 Amount' By delivery to Clerk on Date Received: Feb . 9 . 1983 By mail, postmarked on Feb . 9-, 1983 Certified P21 7135718 I. FFM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: Feb, 9, 198,1 J.R. OLSSON, Clerk, By air , Deputy Reeni Malf to II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim caaitplies substantially with Sections 910 and 910.2. ( �) This Claim FAILS to amply 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 reject claim on ground that it was filed late. (9911.2) DATED: JOHN B. CLAUSE N, County Counsel, By . Deputy III. ' ' BOARD ORDER By unanimous vote of Supe•.rvi s prealent ( X ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Mar. 15 , 1983 J.R. oLssorN, Clerk, L�- '. lCc- Deputy een a o WARNING (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Goverrsnent Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1) County Counsel, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim 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. March 16 8 � ' DATED: , 1 9 3 J. R. OLSSON, Clerk, jc , Deputy V. FROM; 1) County Counsel, 2) County Administrator T0; erk of the Board Received copies of this Claim and Board Order. of Supervisors DATED: March 16, 1983 County Counsel, By 013 County Actninistrator, Cr AIM w MARIA LLAMAS, ) Claimant, ) CLAIM FOR DAMAGES FOR PERSONAL INJURIES AND -vs- ) PROPERTY DAMAGE (Government Code 5910) COUNTY OF CONTRA COSTA; ) DAVID RAY STROUD; ) ) Respondents. ) TO: BOARD OF SUPERVISORS for the L E D COUNTY OF CONTRA COS'T'A F.- You � 1383 DAVID RAY STROUDCounty Courthouse Court and M.aintStreets 0of W*RVWM Martinez , Cali orr:ia 9455 ? IA COSTA OD. are here.'�.y HEARIA LLAMAS,, 4225 Arthur Road , *gar tine= , CaIi`ornia 9:553 , ::ereby riles her claim against the COUNTY OF CONTRA COSTA a::d .A,1-':D RAY STROUD, and alleges as 4,o1 lows : !, * � , i , ^ me t lcn ' DAVID RAY STROUD was the �• i, i r r�i�ee�} •�� L. tea• ��n i. i. as..a�'V , aae^t , servant , s::d e^p;e►er o: t::e COUNTY OF CONTRA COSTA, and was acti^g n t^e course and scope of said agency and employment. On or about December 29, 1982 , at the intersection of the westbound o`Fraamp of Highway 680 at its intersection with Arthur Roo the C'44.ty or Martine- , County of Contra Costa, State of Cali- - rorzia , the COUN'T:' OF CONTRA COSTA and DAVID RAY STROUD so < < 014 f negligently and carelessly owned , maintained , managed , entrusted , operated , and controlled a certain Central Contra Costa County Sanitary District Ford pickup truck so that the same was caused to collide with a vehicle then and there being operated by MARIA LLAMAS , thereby causing her to sustain severe personal injuries . As a direct and proximate result of the aforesaid negli- gence and carelessness of the COUNTY OF CONTRA COSTA and DAVID RAY STROUD , claimant MARIA LLAMAS sustained severe personal in- juries , all to her general damage in the sum of ONE HUNDRED THOU- SAND ($100 , 000. 00) DOLLARS. Claimant has been further damaged specifically for medical care and treatment rendered and to be rendered , and for loss of earnings incurred and to be incurred, in amounts presently unascertained. Claimant prays that she be allowed to amend her claim when ascertained . As a further direct and proximate result of the afore- said negligence and carelessness of the COUNTY OF CONTRA COSTA and DAVID RAY STROUD, claimant sustained property damage to the 1980 Buick automobile she was driving in an amount presently un- ascertained . Claimant prays that she be allowed to amend this claim when ascertained . Claimant desires all Notices be sent to her at 4225 Arthur Road, Martinez , CA 94553 . Dated ; February `� 1983 . MARIA LLAMAS -2- �' �� r - CLAIM BOARD OF SC7PFRVISORS OF CONTRA COSTA CO=, CALIFORNIA BOARD ACTION t the County, ) NOTE TO CLAIlMNT Lurch 15, 1983 Claim Against Routing Endorsements, and } The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California . ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: Jack Kerry Newman , 124 Montalvin Dr. , San Pablo , CA 94806 Attorney: Larry F. Holdrich 5069 Appian jay FEB 9 1983 Address: E1 Sobrante , California 94803 ��J� Amount: iri0I+?'_i; C44945-53$450 , 000 By delivery to Clerk on Date'Received: February 8 , 1983 By mail, postmarked on Feb . 7, 1983 Certified Mail #226136 240 I. FFM Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. D=: February 8 , OISSoN, Clerk, By . Deputy A!Saln�_n�eS. II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) (�c ) 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) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) DATED: JOHN B. C L AUSEN, County Counsel, By , Deputy III. BOARD ORDER By unanimous vote of Supervi s p t ( X ) This claim is rejected in full. ( } This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Mar. 15 . 1983 J.R. OLSSON, Clerk, Deputy Reeni Malf Atto WAYOUNG (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months frau the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. Fes: Clerk of the Board TO: 1) County Counsel, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a meson thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DAM): March 16 , 1983 J. R. OISSON, Clerk, b,, , Deputy Reeni Malf tto V. FROM: 1 County Counsel, 2 County Administrator strator TO: Clerk of the Board of Supervisors Received copies of this Claim and Board Order. DATED: March 16, 1983 County Counsel, By ops County Administrator, By r'T" CLAIM AGAINST CONTRA COSTA COUNTY a. Name and address of Claimant: JACK KERRY NEWMAN, 124 Montalvin Dr. San Pablo CA 94806 b. Send all notices to : LARRY F. HOLDRICH , 5069 Appian Way , E1 Sobrante , California 94803 c. Date of occurrence : 11/10/82 Place of occurrence: Bonnie Dr. & Denise Pr. in San Pablo. d. Circumstances of occurrence: While riding a motorcycle on Bonnie Claimant Dr. , / was involved in a collision with another motor vehicle. The collision was caused in part by the County ' s failure to properly Dost warnings to regulate the intersection where the accident occurred. e. General description of injury, damage or loss incurred: Fractured skull and numerous fractures of the bones of the face . f. Amount of claim and basis of computation: Medical specials approx. $50, 000 . 00 . General damages $400 , 000 . 00 . 1 Dated : February 7 , 1983 B� LARRY . HbLDRICH Receipt of the above Claim is hereby acknowledged this day of FEB f" 1983 J. R. OLSSON CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. euty� c • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COU:-,TY, CALIFORNIA BOARD ACTION Claim Against the County, ) NOTE TO CLAIMANT Mar. 15, 1983 Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code. ) ) given pursuant to Government Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: Patrick E. Powell, 2837 Sinclair Ave. ;. Concord, CA 94519 Attorney: Address: FEB 14, 1983 Amount: $-37 - 00 00 CA '941553 By delivery to Clerk on Feb . 11, 1983 Date Received: February 11, 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: Feb . 11, 19 8 3J.R. OLSSON, Clerk, By , Deputy 4e eni Malfittto II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) (�( ) 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) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) DATED: L—14 -S3 JOHN B. CLAUSEN, County Counsel, By / , Deputy III. BOARD ORDER By unanimous vote of Supervi s pr ent ( X ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Mar. 15 , 1983 J.R. OISSON, Clerk, bye ' �cc �' . Deputy -Reeril Ma ;atro WARNING (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months frcan the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so imiediately. IV. FROM: Clerk of the Board TO: (1) County Counsel, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a nem thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: March 16, 1983 J. R. OLSSON, Clerk, • Deputy Z4 , Reeni Malf tto V. FROM: 1) County Counsel, 2) County Adcu.nistrator TO: Clerk of the Board of Supervisors Received copies of this Claim and Board order. 018 DATED: March 16: i Q R County Counsel, By County Administrator, By CLAIM CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COWur gS � j%, applicntlon to: ' Instructions to Claimant Clerk of the Board P.O. Box 911 A. Claims relating to causes of action for death or to 01njury� o 553 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented -not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553 . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec . 72 at end oT this form. RE: Cla ' by ) Reserved for Clerk ' s filing stamps ,� 4 ,cF I L E D) Against the COUNTY OF CONTRA COSTA) FEB -14 06.30g ) t or DISTRICT) J. R. OLSSON Fill in name) ) BOARD OF SUPERVISORS e cavi ces fin. Deputy . The undersigned claimant hereby makes claim against the ounty of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows : ------------------------------------------------------------------------ 1 . When did the damage or injury occur. (Give exact date and hour) �-\N a o, 19' 83 W �EviwL �Cju fs -----------T-- -----------%---r---------------------------------------••- 2 . Where d _d Ee damage r njury occ, � (Include city and county) --------------------------------------------------------_ ------------- 3 . How did the damage or injury occur? (Give full detail s , use extra sheets if r uired) �Q - ---------------------------------------------------------------------- 4-. What particular act or omission on the part of county or district officers , servants or employee cau$ h injury or dam ge? 9D, dti C c�� cal.) c: -Sej f' - � _ � s C P Me(j) . .;5..-� What- are the .names of county or district officers , servants or r c employees , au ing he ama a or -inj� _ 1 Y �� � �t�1 �? �QC �Gf 0 11 ►SSC/ -�'--- -- -------� -'T- ------------------------------------------------ 6 . W�iat damage or injuries do you claim resulted? (Give full extent of injuries or dam"4 !s claim a. Attac`: tw, 11000 mates for auto damage) �f $ - :41 A J=5 c� �t�� to � 7 . How was the amour►� claims,. --- ____ above computed? (Iflude the imatedmount of y prospective ' njury or dams e. ) _7r1C 1W NO V -� #V"ccs r -�- ��s 1 ��� ar, / N 8 . Names and acdresses of witnesses , doctors and hospitals . 9 . List the expenditures you mace on account of ::his accident or injury : DATE AMOUNT Govt . Code Sec . 910 . 2 provides : "The claim signed by the claimant SEND NOTICES TO : (Attorney) or by some person on hiW behalf . Name and Address of Attornev ima t $ S nature 03 OVIt Add s Telephone No. Telephone No. � / NOTICE Section 72 of the Penal Code provides : "Every person who , with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district , ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher , or writing , is guilty of a felony. " 020 LU)S-rO for 4-SC. D I`k Pe-r-S'An ip-fctf IAJ coejre— C- ,_ ct PAt rZ c� . � f.� , A- 9— . p rc�fIt" re-O-ELC." c �e ca crS7WI tA C7 Pp OEY ' y �-� c) t / �YL �iESs� T uP� G !`�� rp'i eft"c� Ir ,�Ikt(A- C,,6��- C, 'u a . _ g 4 L-S Te-l"I T/I I x(i VP I A r, A4 U �' cc k-(,40- Pt",c��- w� �' K wt_ :-off" 6eccL cz Q0 5,__ Rif ► �= . , - _ _-- - 021 CLAIM BOARD OF SEWERVISOn OF CONTRA COSTA CIOM3'Y, CALIFaRNIA BOAED ACTION Mar. 15, 1983 Claim Against the County, } NOME 70 CI A114W Routine Endorsements, and ) 7t* cow of this document mailed to you is your Boa z'd Action.. (All Section ) notice of the action taken on yowr claim by the references are to C:aliforua ) Boa-rd of Supervisors (Paragraph III, below) ,, Goverrment Code.) ) gi-*v-n pursuant to Government Code Sections 913 ? & 915.4. Please note the "Warning" below. C1aimun0C.: Noel B. PRINGLE, : 390 Cypress Ave . , San Pablo, CA 94806 • a Attra : Roberi B. Cray . 270 Grand Ave . f E 8 1 -1 1983 Address: Oakland , CA 94610 $29500. 00 , B•;• deli%'+ery to Clerk on Date Recei,-vd: February 1". . 1983 Bs mail, POS`U& Imson �Peb . 10, 1. F-70-t.: =1erk of t.** Board o! Sipcvvisors 110: Coun.ty Counsel nttadxt� is a coV-,: of to abo'-'C-no ed Claim. ,Lm# CA Deputy Reeni Halratto I i. mr.: Co•.ty ORFSe" !V): Merk of the ENO of Supervisors tChc� o.-X' only" ( ; This ca. 4.ies substantially wi t.h Sections 910 and 910.2. ltdi = Clam, FM US to om:ply substantially with Sections 910 and 910.2, and we are sa notifying claimant. Ilse Board cannot act for 15 days (Section 910-8) . { ? Clain is moat t. zely file. Board should reject claim on ground that it was fi:ez: late. (5911.2) -Ytf `0j JCS B. CLAUSM, County Counsel, By , Deputy I . Bxkic CKVR By unanimous vote of Supero cors plowt X } 74nd s clam is rejected in full. { ) 'i1.is claim is rejected in full because it was not presented within the time allowed bry lazc. T certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. r. DA-4M: Mar. 15 , 1983J.R. OrLSS.9CV, Clerk, ' re-7r' 1 . Deputy WAR.OM (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months frau the date this notice was personally delivered or deposited in the grail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board 70: 1) County Counsel,, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a mew thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: March 16 , 1983 J. R. OISSCN, Clerk, ty Reeni Malfa V. FROM: 1) County Counsel, 2 County Administrator T0: Clerk-6-of Clerk-6-ofthe of Supervisors Received copes of this Claim and Board Order. 022 DATED: March 16, 1983,- County Counsel,, By County Administrator, CLAIM • * LAW OFFICES s • ROBERT B. GRAY ROBERT B.GRAY 270 GRAND AVENUE AT LENOX OAKLAND.CALIFORNIA 94610 444.17'6 February 9 , 1983 Clerk , Board of Supervisors Contra Costa County 651 Pine Street Martinez , California Dear Sir or Madam; Enclosed please find Claim against the County of Contra Costa . a report was filed with the Contra Costa County Sheriff ' s office at the time of the incident and the facts of the incident are on record there . When you have reviewed this matter please call this office . I believe a settlement of this matter could be arrived at expeditiously and with a minimum of cost to everyone involved . Yours truly , ROBERT B . GR encl . td 023 CLAIM AGAINST THE COUNTY OF CONTRA COSTA Name of Claimant : NOEL B. PRINGLE Address of Claimant : 2390 Cypress Avenue, San Pablo , CA 94806 Send Notices to: ROBERT B. GRAY 191wci� aw.le-4141.11 Date of Occurrence: evening , November 20, 1982 Place of Occurrence:- Meadowlark and Shorehaven Court Circumstances of Occurrence: Claimant, NOEL B. PRINGLE, was taking an evening walk and he stepped off the curb at the intersection of Meadowlark and Shorehaven Court to cross the street at that location. Upon stepping into a puddle Mr . Pringle found that the grate covering an open storm drain was missing and Mr . Pringle fell through the open storm drain injuring his leg. Description of Damage or Loss: Mr . Pringle sustained injuries to his leg, losing approximately 3 days of work and incurred medical expenses, the total sum of which is not known at this time, but believed to be in excess of $200. Total Amount Claimed: $2, 500 - Breakdown of Amount Claimed:covering medical expenses, loss of wages, pain and suffering. Dated: February 9, 1983 J ROBERT B. GRAY, Atto ey for Noel B. Pringle 024 • i e-- CLAIM BOARD OF SUPERVISORS OF aRMA COSTA COLT11TY, CALIFORNIA BOARD ACTION Mar. 15, 1983 Claim Against the County, ) NOTE TO C7AIMANr Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Government Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: Richard A Euing, 1382 Acacia St . , Pittsburg, CA 94565 L01., ?tY G:,_.r seI Attorney: FEB 11 1983 Address: Mum irez, CA 54553 Amount: $t73- 95 By delivery to Clerk on Date Received: February 11, 1983 By mail, postmarked on Feb . 9 , 1983 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: 2/11/83 J.R. OLSSON, Clerk,, ByZ , Deputy Reeni Mal atto II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to cm-ply 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 reject claim on ground that it was filed late. (§911.2) DATED: 2 —/I —op JOHN B. CIAUSEN, County Counsel, By , Deputy III. BOARD ORDER By unanimous vote of Supervi s present ( g ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Mar. 15 , 1983 J.R. OLSSON, Clerk, by ��cL (Q� ' , Deputy eeni Malfdtto WARNING (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months fran the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board T0: 1) County Counsel, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a eemo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: March 16, 19 8 3 J. R. OLSSON, Clerk, I Deputy Reeni malratto V. FROM: 1) County Counsel, 2) County Administrator TO: Clerk of the Board of Supervisors Received copies of this Claim and Board Order. 25 DATED: March 16, 1983 Count, Counsel, BY County Administrator, By CLAIM CLAIM TO BOARD OF SUPERVISORS OF CONTRA COR*rPoWRYapplication to: Instructions to ClaimantC!e:k of the Board V. O. Box 911 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserve fnr rlo-rVig filina stamps R/C Asp .Q A Ey/Nci ) I F I L E 062 Against the COUNTY OF CONTRA COSTA) FEB //-, 19083 ) J. R. OLSSON Or �' PAJ ,,, r�DISTRICT) CLERK BOARD OF SUPERVISORS CONTRA CESTA CO. (Fill 1n name) ) B �-�£.......De u The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows : ---------------------------------------------------------�--------------- 1. When did the damage or injury occur? (Give exact date and hour) + Tahccrr ,y 1883 Tiol e -2:00 Pm ------ -- .T------------------------------------------------------------ 2 . Where did the cmag r injury occur? (Include city and county) ori la sfcIe af- Cdl�co77' Y-Wiled otv Rt 6 /'F44c i fib' c_/ approX. �s�rile c�Wt J,wy ��- S:lcm*,d' en? mhce 3. How did the damage or injury occur? (Give full details, use extra sheets if required) . r L/as vorN�r c-OkM)11i f/ off/ -AA Amc! R;acl «nom a y e -601�$.s a s/ow-sVov/sr/ n� Dlo 6-VC/T-. 7 A-e. Cen7 er cliv%Weo, was a �okw(*H yr/fow leve, vfS4 y was 4a&�Iar w�rlr ��wd a t;ouc,/ crud( .r gtSPr,� rhlsv 2L -e o pr�r�e land a ct 5a-�P Spc T4s rjS CW"ik s71/o rr h�cr �' rPrn. r/ curved �, t4f le� A� r hl-,L cry of/ s/l c��s ti y N v�� ------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? 7 h e C. Y n Cal/ec/ /We /qr-*- C?AI4( He 0?17'-P t/F C!'Lev W r,v Cq,*7,o Leo r S�tNr`' vh f O%�SlcL�. ove d ?We crml Prkgr*e-oo Xv to of V�. � �j �ovlC /� r,Gc.�G1o� lo�,ry C�/g►v� (over) 026 • 5. What are the names of county or district officers, servants or employees causing the damage or injury? IV A -----• -- --------- --T--------------------• ------ ------ex--t-en--t--------------- 6 . What d�mage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) (5 , ee ------------------------------------------------------------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Thr crn ,n{ c1a�arr� �cJaS 7Fafr�u 4row� �f moib"yebe s�6,p r'ejoa/p�ivq M P bl irQ Q� loca// tr,4t 1 da /N,7 C>C#Ip 5 ------------------------------------------------------------------------- 8 . Names and addresses of witnesses , doctors and hospitals. 13ry4,v 170HPA1.504 p PFICEW GmY-So,) :!` 6-.3cI/ /15-00 SAn11 tit )3/vcl C. P. P, rop4/H ez 37.2- 4-l8d Oct IrAAX/ c0 "-16-ly 9 . List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some rson on his behalf. " Name and Address of AttorneyC2-4r-�� q5;f�/ ClaimantIg Sig e 139.2 4Lop a S JL Address Pf�V3 6LIW-V C4. Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides : "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher , or writing , is guilty of a felony. " 027 Vhlvj ar .� 1 �j �j� "p 4'er.y sevevf/y s crr r vim? TX r OI l (or WxPSP 1 a/-/) op t' raaP000"' 4,.4,-, be) yr o) 5-710 /k4iOV Lti.tv(Q X11 a TJP-a x ' f'yl,ICY 1cp v7 . T1 f' poll o e v4 vie— _ S14;01110l 'x c'pex o7i a CG Pvr' ! 1* �rvcl - � _ c7j/_.5jj/r �iJ'(t/tft'b"' l S TIr,- +evrvft- c tAlp _arc fir= clew Rway �tT'�YY s'c'c-lA► , Ac-+ 2 �s G'�11Aij _. S ,vrt. h',v�c�� t s.lYi,e r-r - wk.s' _Oftve lti 7 7-e Gearyta f e ,f Z" crk7 c•�asyta ` � h,,_5 1�7d mveret-414, w co ho 2 �`7ar4rc y c/• l t cf�r�"1�s lttij r?, co P-0 CO f'loybv-cvc rf __ to L e5 - o lloct fir. Ptablo 8lvcp' w ��ll� y 028 • - CLAIM j BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION • Claim Against the County, ) NOTE TO Mar. 15, 1983. Routing Endorsements, and ) The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California _ ) Board of Supervisors (Paragraph III, below) , Government Code. ) ) given pursuant to Government Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: Donald W. Plyler, 71 Scenic Ave. , Point Richmond, CA 94801 Attorney. U40U 1°y Address: F E 6 11 1983 Amount: $1, 000, 000 . 00 �!art. ? CA 94553 By delivery to Clerk on Date•:Received: February 9, 1983 By mail, postmarked on Feb . 8 . 1983 I. FRAM: Clerk of the Board of Supervisors TO: County Counsel .Attached is a copy of the above-noted Claim. DATED: Feb . 9 . 1981 J.R. OLSSON, Clerk, By ,, . Deputy eeni Mal atto Ii. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( X ) 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) . ( �( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) FA a tomo r&_-x*`1pa6 slo•.1p 1112 DATED: JOHN B. ClAUSEN, County Counsel, By , Deputy III. BOARD ORDER By unanimous vote of Superv3prs prdsent ( ) This claim is rejected in full. ( X ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: �% �' r : Mar_ 15. 1 4 R� J.R. �.SSON, Clerk, by .�,t.L.-� /l,L..� , Deputy �ffeeni Malfattn WATOUM (Gov't. C. §913) Subject to certain exceptions,, you have only six (6) months frcxn the date this notice wa` persorsally delivered or deposited in the mail to file a court action on this claim. See Gwerr;ment Code Section 945.6. You nay seek the advice of any attorney of your choice in connection with this matter. If you wart to consult an attorney, you should do so immediately. TV. FROM: EEFxK o.: the Hoa., TO: Cocmty 0ounsel, 2 County Administrator Attached are dies of the a3cvm Claus. W Notified the cl.asuwnt of the Board's action on this Claim by mai_ i ng a copy of this docLvent, and a lam. theZea: has been filed and wxiorq d on the Board's copy of this Cl air• in &00ordmice 4r.th Sec',iw: 2-4-103. D•=: Mach 160 1983 J. R. +- C�.", Clerk, �~ Reeni mairatto— V. FRY.-- (15ty , M .ty REMStrator TO: CUik of the R5R_ of SVervisors Received copies of this C.la:l, and Bore: Cir. 029ti March 16 , 198 3 0MVnty 0=1-wl, by ammy Adrdilistrator, . .ZM TO: BOARD OF SUPERVISORS OF CONTRA COW�rF&94%PPlication to: Instructions to ClaimantUerk of the Board . 0. Box 911 N4 rtinez,Califomia 94553 A. Claims relating to causes of action for death or or injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action . (Sec. 911 . 2 , Govt . Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 10+6 , County Administration Building, 651 Pine Street , Ma:tiner , California 94553 . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity . E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by Donald We Flyler Reserved for Clerk' s filing stamps F L E D Against the COUNTY OF CONTRA COSTA) FEBy�II9a.-; ) or DISTRICT) (Fill in name) ) J. R• OLSSON CLERK BOARD OF SUPEMSORS r )CONTRA C TAL?. The undersigned claimant hereby makes claim a `�` �`� � ontra Costa or the above-named District in the sum of $ 19000,000 and in support of this claim represents as follows : 1. When did the damage'or injury occur? (Give exact date and houry- A continuing course of conduct commencing on or about August of 1961 and conl.;in-�.:inn, to J a�c,,ary cr ---—------——--------——————————------- occur? ------occur? (Include city and county) Ri cl nond, Cali i'. ----------------------------------------------- ow -------r--------------- 3. Hdid the damage or injury occur? (Give full details , use extra sheets if required) See at-54a3lied slieL�. ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Jac attar.-'lied s'l1aat. (over) �� 6 iF' a= 030 5.. < What are the names of county or district officers , servants or employees causing the damage or injury? Eknployees , of the Contra Costa'District Attorneys Office: Joan Bennett, Harlan G. Grossman, Dale biller, and Does 0 to 99, ---------------------------------------------------- ------------------- 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two .estimates for auto damage) Mental stress and anguish, insomnia, humiliation, damage to reputation, denied' equal protection under the law, loss of liberty, --- 61O&SSl AAA-.P�'ope��.,-plset---------------------------------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) $500;000 for injuries sustained. $500,000 to punish and make an example of. -- -- -- -- - ----- - ------------------ 8. Names-and addresses of witnesses , doctors and hospitals. Witness list is still being compiled at this tide. -------------------------------------- -------------T--------------T- r---- 9 . List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Expenditures are being compiled as they occurs and will be presented at trial. Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) in 'PRO PER or by some persorl on his behalf. " Name and Address of Attorney 0 a A)" Claimat7s Signature 71 Seeni r ave_ Address Pni nt Ri c band_ Calif. 94801 Telephone No. Telephone No. (415) 237_8163 NOTICE Section 72 of the Penal Code provides : "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher , or writing , is guilty of a felony. " 031 h r i CLAIV AGAINST THE COUNTY OF CONTRA COSTA BY DONALD W. PLYLER: CLAIMANT HEREIN. - On or about August of 1981, the claimant herein did meet with the Deputy D.A. , Joan Bennett, and tried to file a complaint against a Donna Ryen, char- ging Ms. Ryen with filing a false police report against the claimant. Joan Bennett was quite anxious for the claimant to leave her office and did not even want to talk to the claimant. Joan Bennett refused to take a complaint from the claimant since the claimant was a suspect in a criminal noes ga on initiate y a false and fraudulent complaint filed by Donna Ryen. The claimant alleges that apparently because the claimant was a "suspect" the actions of Joan Bennett did in effect suspend the claimants Constitutional right o equal protection under the law by denying the claimant access to the services and protection of theContra Costa County District Attornys Office. Joan Bennett also slandered the claimant by deliberately making false and extremely defamatory remarks about the claimant to one of the claimant' s attor- neys. On or about October of 1982 and continuing to and including December of 1982, Deputy D.A. , Earlan Grossman Apparently appointed himself as Donna Ryen' s agent in her civil litigation with the claimant. The possibility also exists that Deputy D,Ae Gro!7:7nan entered n o a conspiracy with Donna Ryen in an effort to de rive the clair.-ant of his r s and to interfere mi an frustrate ME effort to settle a 11gitimate rievance a ainst bis. R en b civil action in the per or our . ar an Grossman did on nunerous occasions misuse his power and credibility as a Deputy D,A. in a deliberate effort o extort, blackmail, or coerce the clain.ant into dropi?ing his lavisu aainst the _ eop es ;Y tness , onna Ryen,, Harlan Grossmanrossman indicated en o e claimant that e claimant no_ withdraw his lawsuit agal-n-st Donna Ryen, e D.A. would continue to prosecu e he clainan . At one point Yr. Grossman threatened to file felony charges against the claimant in a deliberate effort to harrass or intimidate the claim- ant into withdrawing his lar,Tsuit against the Peoples -:.fitness , Donna T?yen. _ 13s action by ..r:Crossman did causethe claimant mental anguish and was a deliberate effort by the Deputy D.A. to deny the claimant due process in s civil action against Donna Rven. The peace of mind of the claimant was affected o an extent that the claimants 5th Amendment right to liberty was deprived him. The MaTmant also asserts that Harlan Grossman abused the claimants ri ht to privacyl and may have conspired with Donna Ryen to submit a false oat or declaration concerning some subpenaed photographs* The claimant further asserts that Mr. Grossman may have disuaded a witness , Donna Ryen, from appearing in court as a su penaed witness even when a enc warrant was Issued for her arrest. It is also asserted that ?fir. Grossmants fraudulent and deceptive behavior in the Bay Municipal Cour i epr ve the claimant of due process. On or about November 199 1982; a G. Peterson together with Harlan Gross- man did file, or cause to be filed, a false accusatory pleading. Said pleading was filed in the Bay Munlelpal Courtand named the claimant here n as the defendant. §aid pleading was a deliberate effort to interfere with the claim- ants right to depose the codefendant, Cassandra Ryen, in the civil su roug t by the claimant against the Peoples Witness , Donna Rfenp and the Peoples alleg- ed Victim, Cassandra Ryen. The false accusatory pleading together with Mr. Gr- 11 032 PAGE- 7-118FF CLAIM AGAINST THE COUNTY OF CONTRA COSTA BY DONALD V.I. PLYLER: CLAIMANT F. N. ossnants request that the municipal court order the claimant to have no con- tact whatsoever with Donna and Cassandra Ryen, caused Judge Curtin to issue an ille al order against the claimant which interfered with, obstructed, and frustrated the claimant' s r g o depose a witness in a sepera a 5uperior Court action, e claimant alleges that Vx-. Grossman' s actions were a delib- erate e -erate effor to deprive the claimant of due process and is just one more ex- ample of the abuse that the c"Laimant has su eredo On or about December 29, 1982, the false criminal charges against the claimant were dismissed upon motion of the defense that the accusatory pleading failed to show that any law of any state, county, city, or municipality had been violated. The claimant then approached Yr. Grossman and stated that ho wanted to file a criminal complaint against the State 's Witness, Donna Ryen, accusing Ms. Ryen of various misdemeanor and felony crimes. Yr. Grossman re- fused to hear or take the complaint. Mr. Grossman told the claimant a e re- -fused man would first have to file a police report. ( the Richmond Police told the claimant that they also would not even hear the claimantts complaint and told the claimant to tell it to the D.A. ) The claimant has been given "the runaround" by the D.A. and the R.F .D. thereb enying the claimant equal ro- tec ion un er _ e a�wo On or about the first week in January of 1983, the claimant met with Mr. Miller at the D.A. ' s office in Richmond. The claimant told -Mr. Yiller that he wanted to file criminal cor.:plaints against Ms. Donna Ryen, charging Ms. Ryen with violating sections 118 C.P.C. , perjury, 127 C.P.C. , subornation, of per- jury, 133 C.P.C. , deceiving witness to affect testimony, 134 C.P.C. , submit- ting false oath or declaration, 135 C.P.C. , destroying or concealing documen- tary evidence, ( Donna Ryen admitted to doing this in sworn testimony in Super- ior Court ) , 137 C.F .C. , influencing testir-ony -by fraudulent inducement, 148. 55 C.F.C. , making false report of criminal offense, 182 C.F.C. , conspiracy ( three counts ) , and a possible 187 C.P.C. , murder ( Donna Ryen did tell the . claimant that she wanted to kill a bir. Jack Davidson, a witness for the claimant. The day after Jacks body was discovered, the claimant also received a death threat. ) Mr. Miller refused to take a complaint against Ms. Ryen and stated that the statute of limitations was expired or any crimes that Ms. Ryen may have comitted. Since the claimant was barred from filing a complaint within the statute time by the actions of the District Attornz s o `I ce, the Vounty o Contra Costa is liable for dama es sustain n that the' claimantwas aenled equal protection under a law by the County' s own actions* Such actions of the County are disgusting and inexcusable and cultivate a climate whereby citizens are encouraged (for whatever-vindictive reasons ) -to file knowingly false police reports, destroy evidence, submit false oaths, and commit other crimes and then never have to account for their crimes because of prejudice on the part of County employees. p� of 033 fo�1iQ s CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA C70U:"We Q RNIA. BOARD ACTION Mar. 15, 1983 Claim Against the County, } NOTE TO CLAIMANT' Routing Endorsements, and } The copy of this document mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California } Board of Supervisors (Paragraph III, below) , Government Code.) } given pursuant to Government Code Sections 913 } & 915.4. Please note the "Warning" below. Claimant: James Downing 1:0:1 ! ,r Attorney: Thomas C . Thompson FEB 11 1983 ill W. St . John Street, #230 Wrtine-1, CA 94553 Address: San Jose, CA 95113 Amount: $1509000- 00 By delivery to Clerk on Date Received: February 10, 1933 By mail, postmarked on _ 10M I. FRDM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: 2/10/83 J.R. OLSSON, Clerk, By , Deputy een MalVatto II. FROM; County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. (j� } 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) , ( } Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) DATED: --(1 "��y` JOHN B. CLAUSEN, County Counsel, By , Deputy" III. BOARD ORDER By unanimus vote of Superviso s pres&nt ( X ) This claim is rejected in full. ( } This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Mar. 15., 19 8 l J.R. OISSON, Clerk, by: e 'f , Deputy Reeni Malf t o WARNING (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Goverrimnt Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so iTm-ediately. IV. FROM: Clerk of the Board 70; 1) County Counsel, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim 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: March 16, 1983 J. R. OLSSON, Clerk, ,�,t'�'f Ct`2 Deputy G.x f t (h V. FROM; l) County Counsel, 2) County Adminsstrator TO: Cletk of the Board of Supervisors Received copies of this Claim and Board Order. 034 L 1 DATED: Mar n h 1 l Q 8 2 County Counsel, By County Adiministrator, By CLAIM CL'AIN TO: BOARD OF SUPERVISORS OF CONTRA CO§* PP Wa lication to: . Instructions to ClaimantC'•erk of the Board .O.Box 911 Martinez,California 94583 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end his form. RE: Claim by ) Reserved for Clerk' s filing stamps JAMES DOWNING } `........w-w,.D LED F1 Against the COUNTY OF CONTRA COSTA) FEB ,,,P/ 1883 or DISTRICT) J. R pompµ (Fill in name ) CIM WARD of wPEtv1540 CONTRA COSTA CO. The undersigned claimant hereby makes claim agal-n—st the C unty of Contra Costa or the above-named District in the sum of $ 150_, 000 , 00 and in support of this claim represents as follows : ... ..�- 1 . When did the damage or injury occur? (Give exact date an hour] Damage still occurring . Foundation of house subsiding and as a result thereof , the residence is breaking in two. - ---w----w----------- ..�-�. '� . Where-did the-damage-o injury-occur? (Include city and county) location is 11 Tennis Club Drive , Danville , California 94526 ----------------------------------------------- - ----r ..-..----------- 3 . How did the damage or injury occur? (Give Full details, use eactra sheets if required) Damage occurred as a result of faulty foundation and improper drainage and improper land fill and engineering. �.www-wwwwwwwwww-----rwr.l.w ww.rw-www 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The act of conducting a building inspection and improperly passing the residence and representing that the residence was built in compliance with applicable building codes . (over) 035 -5. ' That are the names of county or district officers, servants or employees causing the damage or injury? The particular names of the officers of the county conducting said ` inspection are unknown to claimant . Claimant believes that the building records will so reflect . 6 . What damage or in3uries do you claim resulted?--7Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Resulting damage consists of faulty land fill, a deficient foundation resulting in the house cracking in two. Damage Claimed is either,afor .� sr�anraheiYv�yluetEe_anEiriBadencestas�acz���.t�L the 77--How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Estimated decrease in fair market value . ------------------------------------------------------------------------- 8. Names and addresses of witnesses , doctors and hospitals . James C. Downing , 11 Tennis Club Drive, Danville , California 94526 , owner. Thomas C. Thompson, attorney for James Dowing,, address below. Additional witnesses available upon request . ------------------------------ --------- - - ------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT no expenditures to date . Govt. Code Sec. 910. 2 provides : "The cla' signed the claimant SEND NOTICES TO: (Attorney) or b e er a on his behalf. " Name and Address of Attorney THOMAS C. THO2•SPSON t Signature Attorney at Lawr 111 W. St. John St. , #230 "Address Claimant San Jose , CA 95113 Telephone No. 408-286-3044 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill, account , voucher , or writing, is guilty of a felony. " t 036 ' w Its I • �, PROOF OF SERVICE BY MAIL - CCP 10130, 20155 I 1 1 declare that: SANTA CLARA 2 1 am (a resident of!employed in) the county of......................................................................................................... ,California. ICOUNTY WHERE MAILING OCCURRED) 3 1 am over the age of eighteen years and not a party of the within entitled cause; my(bus iness!residence)address is:. t 4 111 West St. John St. , Suite 230 , San Jose, California 95113 .......................................................................................................................................................................................................... February 9 , 1983 CLAIM ! .......... 1 served the attached ......... ................................................................................. %DATE) 6 ........... on the interested parties ,I t 7 j in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepald,in the $ li United Slates mail at.................San.... ..... ..Jose.. ..........,......Cal...... ifornia ....... ..... ... . ... .. .. ......... . ... addressed as to)lows 7i j' BOARD Or SUPERVISORS OF CONTRA COSTA COUNTY i CLERK OF THE BOARD i! P. 0. Box 911 IO E` Martinez , CA 94553 ' 11 �f 12 I 13 ' I 14 { 15 ► J 16 ' Kh ISN f 19 ' ; i :U 21 ri i ; ge(-1$Tr UACt' M'!Ij'i i!! p!!pi's '+%O! •off +.`.-'f[C•4j A. -wr an: rvzo.! •rio 1W :tris declaration was executed on; : Q. S a s' Ra;, .�°:'��e, .. . California . >!^ d + . rR �t r��v ••cwt S*Q+rfAluRE 1 a 037 :;+.r:,. a a*+-cs .�+►+�c.:`� °� rOflw +Sia++ :�i`aiaa r CLAIM SOMO OF SZEr a=G OF C WTIVA CCISTA C OLIMY, OUXECRUA BOARD ACTION And as ex of'*`3clo the Governing Board of CCC Flood Control & WCD Starch 15, 1983 Cla Z.n- Against the *.y, } NOTE TO CLAMOM Routirk l .r n:s, and } The copy of this docent mailed to you is your Bo&rd Ac"- on. (All SeCti= } notice of the action taken on your claim by the refer-e- s are to Cllif=rxi ► ) Board of Supervisors (Paragraph III, below) , Gmv.r.r v-nt. 0:>&,. ) } given pursuant to Qavaerrrment Code sections 913 915.4. Please note the "Warning" below. Clair-4.n-t : Zall h :and E: i .:.abetti Grady. 580 Silverado Drive , Lafayette , California 9.1519 Attorrery: L . Randolph l ;ah 1;orris "clnernov & Dillon FEB 7 1983 -gess: One Kaiser Plaza . Suite 1850 , Oakland , California 94612 N13rflnw, Cr 944553 Amount: $75 . 000 . 00 By delivery to Clerk on Bate Received: February 7 . 1983 By mail, postmarked on Feb . 3, 1983 Certified Mail #76705619 I. FTM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim. DATED: Feb . 7 , 1983 J.R. OLSSON, Clerk, By -•�-c-j �+C+�-� , - , Deputy Jeanne 0.IM a g 1 irb I I. nRCM: County Counsel TO: Clerk of the of Supervisors (Check one only) ( �( ) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to ecniply substantially with Sections 910 and 910.2, and we are so notifying clamant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should reject claim on ground that it was filed late. (§911.2) D'�: '�" S3 JOHN Be CLAUSEN, County Counsel, By , Deputy III. BOARD ORDER By unaninnus vote of Supervip&s present ( X ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. - 1 DATED: M J.R. OLSSON, Clerk, , Deputy Reeni Ma-1tatto WATOMI G (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this mattes. If you want to nonsuit an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1) County Counsel, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim by mailing a copy of this document, and a metro thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DAM. March 16, 1983 J. R. C1T.SSC)N, Clerk, x c- • i ZADeputy een MaIrA o V. FROM: 1) County Counsel, 2 County A&Wustrator TO: of the Board of Supervisors Received copies of this Claim and Board Order. DAM: March 16, 1983 County Counsel, BY County A&d nistrat or, By .s FF I L FEB 7 Claim of Ralph Grady and ) CLERK BOARD onPERvIsoRs R,q C . Elizabeth Gradv )B CO TRA STA CO .f t..... De CO V. } CLAIM FOR INJURIES TO REAL PROPERTY City of Lafayette , Contra ) Costa Flood Control District ) and County of Contra Costa ) } To the City Council of the City of Lafayette , the Contra Costa Flood Control District , and the Board of Supervisors of the County of Contra Costa: 1 . You are hereby notified that Ralph and Elizabeth Grady, whose post office address is 580 Silverado Drive , Lafayette , California 94549 , claim damages from the City of Lafayette , the Contra Costa Flood Control District and the County of Contra Costa, in the amount, computed as of the date of presentation of this claim, of $75, 000. 2. This claim is based on injuries to real property owned by claimants and located at 580 Silverado Drive , Lafayette , California. Said injuries were initially sustained on or about February 15, 1982, and are continuing to the present date. 3. The circumstances giving rise to this claim are as follows : Approximately twenty years ago, the local flood control district constructed a cement splash pad immediately below a cement culvert to contain run off into Grizzly Creek from property adjacent to 580 Silverado Drive . Said splash pad and culvert presently direct water into the creek bank at the rear of 580 Silverado Drive. On or about February 15 , 1982, water cascading from the splash pad and culvert eroded the creek bank, causing the property to slide , affecting an are of approximately 15 ' X 15 ' of backyard at the 580 Siverado address . The flow of water from the splash pad and cement culvert is aimed r I F FL' E t) . 4 FEB 132'1 Claim of Ralph Grady and ) CLERK BOARD OF S PERVWRS Elizabeth Gr adv ) �R- V. STA co. B ...De u ) CLAIM FOR INJURIES TO REAL PROPERTY City of Lafayette , Contra ) Costa Flood Control District ) and County of Contra Costa ) To the City Council of the City of Lafayette , the Contra Costa Flood Control District , and the Board of Supervisors of the County of Contra Costa: 1 , You are hereby notified that Ralph and Elizabeth Grady, whose post office address is 580 Silverado Drive , Lafayette , California 94549 , claim damages from the City of Lafayette , the Contra Costa Flood Control District and the County of Contra Costa , in the amount , computed as of the date of presentation of this claim, of $75, 000. 2. This claim is based on injuries to real property owned by claimants and located at 580 Silverado Drive , Lafayette , California. Said injuries were initially sustained on or about February 15, 1982, and are continuing to the present date . 3. The circumstances giving rise to this claim are as follows : Approximately twenty years ago, the local flood control district constructed a cement splash pad immediately below a cement culvert to contain run off into Grizzly Creek from property adjacent to 580 Silverado Drive . Said splash pad and culvert presently direct water into the creek bank at the rear of 580 Silverado Drive. On or about February 15 , 1982, water cascading from the splash pad and culvert eroded the creek bank , causing the property to slide, affecting an area of approximately 15 ' X 15 ' of backyard at the 580 Siverado address . The flow of water from the splash pad and cement culvert is aimed 03 Claim of Ralph Grady and Elizabeth Grady Page 2 directly at the bank of said address , and continues to erode the property even during the dry season . 4. These injuries are caused by the action and/or inaction of the Contra Costa Flood Control District , the County of Contra Costa and the City of Lafayette ; names of individual public employees are not known to claimant . 5. The injuries sustained by claimant , as far as known, as of the date of presentation of this claim consist of loss of real property, and the loss of use of said property . Further, any action to remedy the situation and prevent further damage will be at great expense . Finally , it is anticipated that there has been a reduction in the value of said property . 6 . The amount claimed, as of the date of presentation of this claim, is computed as follows : Estimated prospective damages as far as known: Cost of repair $35,000 Reduction in value of property 40, 000 Total estimated prospective damages $75, 000 Total amount claimed as of date of presentation of this claim $75, 000 7 . All notices or other communications with regard to this claim should be sent to the claimants at 580 Silverado Drive , Lafayette, California 94549 and to their attorney , L. Randolph Harris , McInerney & Dillon , One Kaiser Plaza , Suite 1850, Oakland , California 94612. DATED : February 3 , 1983 McINERNEY & DILLON, P.C . By Attorney for Claimants 040 1 r PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 ' 1 '•! 1 declare that: 2 I� I am (a resident of/employed in) the county of............... a?T':2C�a California. (COUNTY WHERE MAILING OCCURRED) 3 1 am over the age of eighteen years and not a party of the within entitled cause; my(bus inesss tPaddress Is. 4 l..�Caj,5ex... 1. �a...-...Su tO . .. .....3nCA94�12 .. � 5 I; On . February...2..4.,....1.9.8.3............... . I served the attached Claim, For Injuries To Real Property February .. �! (DATE) 0 1� ...................... . ........ on theContra Costa County Board of. e S.u:� rv1sor 7 II 8 li in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepald,in the CERTIFIED MAIL, RETURN RECEIPT P.EQUESW—D 9 I' United States mail/at.............Oakland,. Caii_forpia addressed as follows Board of Su?-e -visors 10 I - i Contra Costa County 11 I P.O. Box 911 �I Martinez, CA 94553 12 Ii t 13 !i � I 14 15 I l I i 16 17 18 19 I' a I; 20 l i� 21 22 I 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on February4 1983 Oakland 24 l ............ ....................................................... ....................., California . (DATE) (PLACE) 25 26 Diane McEmhi11 .. ....... .... (TYPE OR PRINT NAME) SIGNATURE 041 BARON PRESS FORM NO. 22 . 1 WILLIAM H. MCINERNEY HARAOON M, DILLON LAW OFFICES • TIMOTHY F. LIWINCHESTER l eENERNEY & DILLON ROBERT L. LESLIE RICHARD F. RENTON PROFESSIONAL COPP014ATION TELEPHONE 465.7100 WILLIAM! H. MCINERNEY, JR, ORDWAY BUILDING . ONE KAISER PLA.A AREA COOS 415 ARTHUR R, ABELSON OARLAND•CALIFORNIA 93012 FAX (415)465-9556 L. RANOOLPH HARRIS MICHAEL E. LONDON RANDY O. WRIGNT February 4 , 1983 CERTIFIED MAIL R ECEIVED RETURN RECEIPT REQUESTED J, «. OLS`ON urRK e04"D O SUPEWISO S 4- 19. " COSA CO. Board of Supervisors 8rll:: ''; usr........o� , Contra Costa County ✓/ P. O. Box 91 1 Martinez , CA 94553 Re : Claim by Mr & Mrs . Ralph Grady For Injury to Real Property Dear Supervisors : Enclosed please find a copy of the Claim for Injury to Real Property made by Claimants Ralph and Elizabeth Grady against the County of Contra Costa . This claim arises from the severe sliding and erosion of claimants ' property caused by water cascading from a splash pad and culvert directly onto the creek bank of the rear of claimants ' property . The splash pad and culvert were originally built by the local flood control district . In order to facilitate a speedy resolution of this matter , I share with you the legal bases for the claim. The following authorities clearly establish claimants' right to recover under several legal theories . A . Government Code Section 835: "Dangerous Condition" Government Code Section 835 provides that a public entity is liable for injury caused by a dangerous condition of its property where : . the property was in a dangerous condition at the time of the injury , . . . the injury was proximately caused by the dangerous condition , . . . the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred , and eitner: 042 Board of Supervisors Contra Costa County February 4 , 1983 Page 2 ( a ) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition ; or ( b) The public entity had actual or constructive notice of the dangerous condition under Section 835 . 2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition . It is clear that the facts of this case satisfy the elements necessary to establish a claim of "dangerous condition . " 1 . The Injury Was Caused by "Public Property." Property is identified as "public" when owned or controlled by a public entity . A public entity has control when it has the authority to make remedy or guard against the defective condition . (Govt . C . §830 ( c) ) ; Fuller v. State ( 1975 ) 51 Cal .App . 3d 926 [125 Cal . Rptr . 586] . ) Sewers , storm drains and pipes have consistently been held to be "public property" , within the meaning of Government Code Section 835, ( Selby v . County of Sacramento ( 1956 ) 139 Cal . App .2d . 94 [294 P. 2d 508] ) ; Bauer v . County of Ventura ( 1955 ) 45 Cal . 2d 276 [289 P. 2d 1 ] . Thus , the culvert and splash pad involved in the instant case is "public property" and therefore subject to the provisions of Government Code Section 835. Finally , ownership and control may be divided , producing joint liability . (Low v . Sacramento ( 1970 ) 7 Cal .App. 3d 826 [87 Cal . Rptr. 173 ) . ) In Low, both city and county were held liable where plaintiff was injured on a parking strip adjoining a city street fronting on county hospital property . Similarly , both the City of Lafayette and the Flood Control District may be found liable for failing to exercise their authority over the culvert and splash pad and make repair. 2. The culvert and splash pad were and are a " Dangerous Condition. " Government Code Section 830 ( a) defines a dangerous condition as being one that : 043 Board of Supervisors Contra Costa County February 4 , 1983 Page 3 creates a substantial ( as distinguished from a minor , trivial or insignificant ) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used. Public property which is not damaged or in a deteriorated condition may nevertheless be in a dangerous condition because the design or location of the improvement or the interrelationship of its structural and natural features create a substantial risk of injury. For example , a newly built drainage system that tended to divert surface waters to private property was found to be a dangerous condition in Mozzetti v . Brisbane ( 1977 ) 67 Cal . App. 3d 565 [ 136 Cal . Rptr, 751 ] . Further examples include a submerged pipe close to the surface in recreational waters (Warden v . Los Angeles ( 973 ) 13 Cal . 3d 297 [ 118 Cal .Rptr. 487] ) and a public beach which , due to the construction of a jetty , developed severe wave and surf conditions (Buchanan v . Newport Beach ( 1975 ) 50 Cal . App . 3d 221 ] [ 123 Cal . Rptr. 338 . ] ) Further, the circumstances of the instant case support a finding that the condition was and is dangerous . The cascading waters have already caused a substantial portion of claimant ' s property to slide , and there is no indication that the situation has changed in any degree . Gradual erosion continued during the dry season , and more dramatic erosion is anticipated with: the onsl ,a�:ght of. winger rains . Gove v . Lakeshore Homes Assn . f1942 ' 54 Cai . App. 2d 155 involves facts veru similar co thost� in t ^(� instant case in that the City of Oakland had —Ondults , storm drains and -U" 1V. whereb%y water was cc-,! c t d and conveyed across lands adjacent to plaint : : f ' s proper* rr . There , as here , the 1 ,-, did Zoth inu to fe.:z f y sn�s pr c sect the banks of the creek where thy► pipfe endev erosion caused Ly increased and in:ensif .i4 . v . u:+- Uzi water . A heavy rainfall washed away t., by soith, bank , al-4do . .:. gradual slippage cont ,nued unt i a the ground *Venentl, the foundations of pla.intiff ' s souse "Nt4an tL, s1 dt ���ay . Ts: Gove, the court he ,Ld that pla 'On} tiff �:&gid s: �>g �-�: i .= alleged an action on "dan;er o- e 044 Board of Supervisors Contra Costa County Februar}- : , 1983 Page 4 Unless prompt action is taken , the City of Lafayette and Centra Costa Flood Control District may be faced with similar aggravated damages . 3. Claimant Has Used the Property of Adjacent Property With Due Care . Under this element , courts have generally denied liability only when the danger arises from the negligent or wrongful conduct of third persons , ( Moritz v . Santa Clara ( 1970 ) 8 Ca1 .App . 3d 573 ( 87 Cal . Rptr. 675) . ) There is no action by a third person involved here ; claimants did not alter the course of the culvert in any way. Instead, the erosion is a direct result of the position of the culvert and splash pad as installed and maintained . 4. The Injury Resulted From a Reasonably Foreseeable Manner of Use . The injury resulted from the operation of the culvert and splash pad in its intended use , and thus , this element is satisfied . As in most cases , this element is not difficult to establish , but is apparent from the facts . See Baldwin v. State (1972) 6 Cad 424, 99 CR 145 (heavily used highway intersection without left-turn lane, in 55 M.P.H . speed zone , held dangerous for motorists foreseeably making left turns) ; Mathews v. State ( 1978 ) 82 CAM 116 , 145 CR 443 (malfunctioning traffic signal at intersection, with lights stuck on red and green, held dangerous to motorists foreseeably passing through intersection) ; Levine v . Los Angeles ( 1977 ) 68 CA3d 481 , 137 CR 512 (sudden narrowing of paved street , without adequate lighting or warning signs , held dangerous to motorcyclists , since "any reasonable person" would know that cyclists at night "would be exposed to its danger" ) ; Quelvog v. Long Beach ( 1970 ) 6 CAM 584 , 86 CR 127 ( city program facilitated and encouraged use of autoettes on municipal sidewalks , making sidewalks dangerous in view of experience showing such use would result in accidents ) ; Becker v. Johnston ( 1967 ) 67 C2d 163, 60 CR 485 ( "Y" intersection held to be in dangerous condition because persons , using it in foreseeable manner , are exposed to injury) . 04z5o ' r s Board of Supervisors Contra Costa County February 4 , 1983 Page 5 5 . The Dangerous Condition Is The Result of Negligence The culvert and splash pad were constructed and maintained by public entities in such a manner as to cause the erosion and sliding of claimant ' s property . Case law indicates that such is sufficient to establish negligence , in other words , the negligent or wrongful quality of the responsible employee' s act appears to be inherent in the very fact that the condition created is , at least , prima facie , dangerous . For example, in Ducey v . Argo Sales Co. ( 1979 ) 25 Cal . 3d 707 [ 159 Cal . Rptr. 8351 , the state was held liable for failing to erect a median barrier to protect freeway drivers from serious injuries inherent in cross-median accidents . Similarly , liability was imposed on a city for deliberately changing the timing cycle in a traffic control signal so that the controlled intersection became dangerous under some circumstances ; no other negligent or wrongful act was shown , Pritchard v . Sully-Miller Contracting Co . ( 1960) 178 Cal .App . 2d 246 [Cal . Rptr . 830] . 6 . The Failure to Protect Against Injury Was Negligent . The Flood Control District , County of Contra Costa and City of Lafayette had actual or constructive notice of the condition , yet have not taken action to remedy the situation. At the very least , these entities had constructive notice in that the condition "existed for such a period of time and was of such an obvious nature that the public entity , in the exercise of due care , should have discovered the condition and its dangerous character," , Govt . C . §835 . 2(b) . This statutory definition is based on prior decisional law. See , for example, Gentekos v . San Francisco ( 1958 ) 163 Cal .App . 2d 691 , 697 [329 P. 2d 943, 9481 : A city will be charged with constructive notice of substantial defects which have existed for some time , and which are so conspicuous that a reasonable inspection would have disclosed them. Twenty years passed from the installation of the culvert and splash pad . Proper inspection , within that time period , would have revealed the condition, and proper action could have prevented the injury . 046 Board of Supervisors Contra Costa County February 4 , 1983 Page 6 B . Nuisance Anything which is injurious to health , or is indecent or offensive to the senses , or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use , in the customary manner , of any navigable lake , or river, bay or stream, canal , or basin or any public park , square , street , or highway, is a nuisance. ( Civ. C . §3479 ) In L .A. Brick & Clay Products v . City of Los Angeles ( 1943 ) 60 Cal .App. 2d 478 [ 141 P. 2d 461 , plaintiffs alleged that the city had created a "storm water nuisance" by causing pond waters from the streets to be discharged on plaintiff' s property , eroding the property and cutting in channels and gullies . The court held that the situation constituted a nuisance , and that issuance of an injunction to abate the storm water nuisance was proper. Similarly , the diversion of water in such a manner as to cause the erosion and sliding of claimants ' property constitutes a nuisance , entitling claimants to relief . C . Inverse Condemnation Inverse condemnation arises when an owner suffers damages by injury to his property from some public works undertaking or other activity by an agency with power to condemn. Landslide or subsidence damage attributable to activities of a public entity has been held to be a proper subject of an inverse condemnation action (Holtz v. Superior Court ( 1970 ) 3 Cal . 3d 296 [90 Cal. Rptr. 345] . ) Further, damage to property caused by diverted, or escaping waters is a typical source of action in inverse condemnation , (Mehl v . People ex rel Dept . of Pub. Works ( 1975 ) 13 Cal . 3d 710 [ 119 Cal . Rptr. 6251 , damage caused by increased drainage flow due to freeway construction ; Amador Valley Investors v . Livermore ( 1974 ) 43 Cal .App. 3d 483 [ 117 Cal. Rptr . 749] , damage due to repeated discharge of sewage ; Sheffet v . Los Angeles ( 1970 ) 3 Cal .App. 3d 720 [84 Cal. Rptr. 111 , increased flow of surface waters caused by terrain alteration of water runoff in streets under county-approved subdivision plan) . 047 r Board of Supervisors Contra Costa County February 4 , 1983 Page 7 I am confident that you wish to resolve this problem as soon as possible and before further damage is done. I look forward to your immediate response. Very truly yours , L. Randolph Harris LRH :dm Enc . 048 CLAIM 1 BOARD OF SU RVISORS OF C NIRA COSTA COUNTY, CALIFORNIA BQARD ACTION & Contra Costa County Flood Control & Water Conservationer .}iarch 15, 1983 Claim Against the County, CLAIMANT Routing Endorsements, and ) The copy of this do=nent mailed to you is your Board Action. (All Section ) notice of the action taken on your claim by the references are to California . ) Board of Supervisors (Paragraph III, below) , Government Code.) ) given pursuant to Goversmient Code Sections 913 & 915.4. Please note the "Warning" below. Claimant: William W. Ward and Carol K. Ward 898 Avalon Court , Lafayette , California 94549 Attorney: Palmer Brown Madden FEB 9 1983 Van Voorhis & Skaggs Address: 1855 Olympic Boulevard, Suite 111 ,,.•; :;- c�r P .O. Box V. S';alnut Creek, California 94596 �``t. -4. G ,,, 553 Amount: $150J1000 By delivery to Clerk on Feb . 8 , 1983 Date''Received: February 8 , 1983 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted Claim. DATED: Feb . 8 , 1983 J.R. OLSSON, Clerk, ByQ.zs.,c,c,� 0 7m Deputy Jeanne 0 - 11a l i o II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( �( ) This Claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to omply 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 reject claim on ground that it was filed late. (§911.2) C ' DATED: —,(0—8.-7 JOHN B. CLAUSEN, County Counsel, By �—� , Deputy III. BOARD ORDER By unaniimus vote of Supervisdrs presi9t ( X ) This claim is rejected in full. ( ) This claim is rejected in full because it was not presented within the time allowed by law. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Mar . 15 , 1983 J.R. OLSSON, Clerk, Reeni Malfa o WAF1NING (Gov't. C. §913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See t Code Section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board TO: 1) County Counsel, 2) County Administrator Attached are copies of the above Claim. We notified the claimant of the Board's action on this Claim 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: March 16 , 1983 J. R. OISSON, Clerk, by , Deputy een a a o V. FROM: 1) County Counsel, 2) County Administrator TO: Clerk of the Board of Supervisors Received copies of this Claim and Board Order. 049 DATED. March 16, 1983 County Counsel, By County Administrator, /' T 7►T 1 CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911 . 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P. 0. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end o this form. RE: Claim by ) Reserved for Clerk' s filing stamps William W. Ward and Carol K. WardF I L E D ) Against the COUNTY OF CONTRA COSTA) FEB 1983 or Contra Costa CoLmty Dept. of Public Works or Contra Costa County Flood DISTRICT) J. R. otSSOM CLIRK(Fill in name antrol ) ' YA OF CO.rs�ts ,.r COStA CO. c The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 150,000 (estirtated) and in support of this claim represents as follows : � . When did-the damage or in)ury occur? Give exact date and hour Darrage began on or at-out February 13, 1982 and has continued to date. '�: Wfiere �i� tfie damage or injury occur? �Inc�ude city and county 898 Avalon Court, Lafayette, California, Contra Costa County ------------- ------------------- ---T -------------- 3. ~How did the damage or in3ury occur? (Giveuil` etai�s, use extra sheets if required) Las Tranpas Creek has caused severe subsidence and erasion damage to claitrants' real property. 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? County and district have failed to remove debris frcr Las Tranpas Creek causing severe subsidence and erosion damage to plaintiffs' real property. i . 050 • 5. What are ' the names .of county or district officers , servants or ' employees causing the damage or injury? • Various persons have been,x=tacted ccncerning this dwk-9 Vie, IRA WAIIDRCN was principal contact. .--What-+damage-or-injuries do you-claim-result e$? - Give-?ull-extent w - of injuries or damages claimed. Attach two estimates for auto damage) Subsidence and erosion of aFproximately 1/3 of claimants' real property that requires extensive repairs; diminished fair market value of property as result 7 .�-� wa he- amount claimed above computed? Include the estimated amount of any prospective injury or damage ) Cost of repair - $50,000 to $75,000 preliminary esUz ate. Fair market value loss after repair - not yet known. 8. Names and addresses of witnesses, doctors and hospitals. Claimants and various persons who live in same neighborhood. __----_. --- -.!__-- 9. List the expenditures you made on account of this accident or neighborhood- ----------- -- DATE ITEM AMOUNT Anticipate emergency repairs of $50,000 to stabalize property as soon as rains end creek subside. Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney /fir Palmer Brown Madden Claimant s Signature Van Voorhis & Skaggs 898 Avalon Court 1855 Olympic Boulevard, Suite 111 Address Post Office Box V Lafayette, CA 94549 Walnut, Creek, California 94596-1270 283-6933 Telephone No. (415) 937-8000 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with 'intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " `r LATE CLAIM L`� _t . r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BDA ACNON Application to File Late ) N= TO APPLICANT ?Barth 151, 1983 Claim Against the County, ) The copy of this docu awrt- mailed to you is your Routing Endorsements, and ) notice of the action taken on your application by Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) , references are to California ) given pursuant to Goverranent Code Sections 911.8 Government Code.) ) and 915.4. Please note the "Warning" below. Claimant: Dennis J. Wilson , 16711 Harsh Creek Road, 7#89-A, Clayton California Attorney: Steven L. Weiner, Esq . 10 Crow Canyon Court , Suite 210 FEB l 1983 Address: San Ramon , California 94583 Amount: Not Specified 94553 By delivery to Clerk on Date Received: February 7 , 1983 By mail, postmarked on Feb . 7� 1983 Certified Llail #-363934 891 I. FRAM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted An to File Late Claim. DA=: Feb . 7 , 1983 J. R. CISSON, Clerk, �='f.� By ��� qty ewe 0. Ma-zl i© Ii. FRCM: County Counsel T0: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) . ( x ) The Board should deny this Application to File a Late Claim (Section 911.6) . LATS: -7- JOHN B. CLAUSEN, County Om=el, By . Deputy III. BQAM OREER By unanurcus vote of Scpervis present (Check one only) ( ) This Application is granted (Section 911.6) . ( X ) This Application to File Late Clain is denims (Section 911.6) . I c exrtify that this is a true a cozy cor.,y of the Board's Order entexed in its minutes for this date. DATM:!r!a r. 15 , 199-C. R. CL.S." , Clerk, 8K- : . . I if.� � . DAY :been: Marf to h7aN7M (UR VI t.C. 5911.8) If you i•tish to file a c m=-I action on this matter, you uust first peti.t.ior. tie appropriate court fbr an order. rel.ieti-AM you fron the provisio.is of Gover: nt Code Semi= 945.4 (claims presentation re- cf►air .t) . Sem . .ant Co& Section. 946.6. Such petition must be f i led with t.�i court within six (6) months fxm the date your ca- tiai^ f.ar lawvv to prwent a late claim was denied. You rte• seek the advice of wry atm y o; your choice in connec*- tim with this matter. If }m, want to oorsul t an attorney, You should do so ° . ; ,�iatel •. IV. FTCM: ex* o. Board3C': , County trator Adminis Attached are copies of the above Application. We notified the applicant of the Board's act.ion on this Application by mailing a copy of this anent, and a una thereof has been filed and endorsed on the Board's copy of this Clai z in accordwith Section DATV-,-. ma.-Ch 16 , 1 9a3 R. CLQ, Clerk, By s- �_� '.%,.+��+'..{` """"" , Deputy eeni Malr-Atto V. FVCV.: (1) C&untg testy trator TO: ifferk of Board of Supervisors Reoeiwd copier, of this Application and Board Order. Wunt�. • Adniii•.iii o , By 052 APPLICATION TO FILE LATE CLAIM Steven L. Weiner, Esq. F I L E D 10 Crow Canyon Court, Suite 210 FEB 1 1963 San Ramon, CA 94583 (415) 838-7510 CLERK BOARD OF w R+WRs C T C TA CO. 8 APPLICATION TO PRESENT LATE CLAIM (Government Code §911 . 4) Law Office of Steven L. Weiner hereby presents this application to present late claim to Contra Costa County and California State Department of Transportation pursuant to §911. 4 of the California Government Code. Application for leave to present this late claim is presented at this time for the following reasons : a. Claimant was severely physically incapacitated during the 100 day-period required for the presentation of claims under Government Code §910 . b. Claimant only recently contacted Steven L. Weiner, Attorney at Law, for the purpose of representing him in pursuing this claim. Such delay in contacting said attorney, was caused by Claimant ' s severe physical disabilities. Delay on the part of Claimant ' s attorney in presenting this claim was caused by the necessity of investigating the facts surrounding the accident which is the basis of this claim. Only after such investigation was undertaken was it ascertained that the County may be liable. c. At the time of the accident, Claimant had no knowledge as to the cause of his loss of control because of the rapidity with which subsequent events transpired. 053 To: Clerk of the Board of Supervisors P. O. Box 911 Martinez , CA 94553 Law Office of Steven L. Weiner hereby presents this claim to Contra Costa County and the State of California Depart- ment of Transportation pursuant to 5910 of the California Government Code. 1. The name and post office address of Claimant is: Dennis J. Wilson, 16711 Marsh Creek Road, #89-A, Clayton, CA 2. The post office address to which Mr. Dennis Wilson desires notice of this claim to be sent is as follows: c/o Steven L. Weiner, Esq. , 10 Crow Canyon Court, Suite 210, San Ramon, California 94583. 3. On March 13, 1982, Claimant was traveling on Marsh Creek Road, in Contra Costa County, in a westerly direction of travel. At approximately 12:38 p.m. , the motorcycle upon which Claimant was riding went out of control because of the existence of a large pothole in the road. The existence of this pothole was the proximate result of the County's or State's negligence in maintaining the road and/or its failure to regulate the class and/or weight of vehicles passing over it. As a proximate result of, and without failure to exercise due care on Plaintiff's part in the operation of said motorcycle, Plaintiff's vehicle was forced over the center dividing line and into the path of oncoming traffic. A serious headon collision with a pickup truck resulted; Plaintiff was thrown a distance of approximately 180 feet, thereby suffering severe bodily injury. 054 4 . Claimant suffered severe personal injury to wit multiple bone fractures and internal injuries . 5 . So far as it is known to Steven L. Weiner at the date of filing this Claim, Claimant Dennis J. Wilson has incurred damages according to proof . 6 . The name or names of the public employee or employees responsible is/are unknown at the time of the presentation of the Claim. 7 . At the time of presentation of this Claim, Claimant Dennis J. Wilson claims damages according to proof. Dated : January 10 , 1983 • A:� 0 41&d� AS-00% STEVEN L. WEINER Attorney for Claimant 2 055 t STEVEN L. WEINER ATTORNEY AT LAW 10 CROW CANYON COURT. SUrM 210 OA13ANDOMCE .BAN RA MON. CA"58$ 460 GRAND AVSNL-E GAM3AND.CA 94610 (416) 8987610 N10 461+w6 January 10 , 1983 RE � �IVED Clerk of the Board of Supervisors P. O. Box 911 ` '"'' "'-' Martinez , CA 94553 CLERK 0-- SUQEINMRS RE: DENNIS J. WILSON TPA STA CO By, _W.... IV Dear Sir: Enclosed please find Application for Leave to Present Late Claim and accompanying Claim of Dennis J. Wilson. Your cooperation in supplying us with a speedy response is most appreciated. Thank you for your consideration. Very truly yours , *STEVEN L. WEINER SLW:dlp Enc . Certified Mail # P 363934 891 056 In the Board of Supervisors of Contra Costa County, State of California 19 �3 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 NUMBER AMOUNT OF REFUND Loren G. Ylichelsen 130-420-012-2 52.72 1108 Jamie Drive ConoDrd, CA 94518 Jack K. Younesian 209-522-015-4 81.71 2945 Trousdale Drive Burlingame, CA 94010 PASSED by the Board on jc1" irk, 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 affixed this�day of � 19 Applicant �--- J. R. OISSON, Clark By- IL Deputy Clerk 057 H • 24 4/77 15m ��7 In the Board of Supervisors of Contra Costa County, State of California 19 V-3 In the Matter of DENIAL 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 THE FOLLOWING REFUND(S) OF PENALTY( IES) 0'R DELINQUENT PROPERTY TAXES IS (ARE) DENIED : APPLICANT PARCEL NUMBER AMOUNT Peter M. Carlson 126-260-012-3 673.08 505 N.cLonough Blvd. , S. E. Atlanta, Georgia 30315 PASSED BY THE BOARD ONS= " 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. C C : COUNTY TREASURER-TAX Witness my hand and the Seal of the Board of COLLECTOR Supervisors ,�} axed this=day of Ni�'"'�` affixed 19 . APPLICANT J. R. OLSSON, Clerk By - i a•.l , Deputy Clerk 058 17IS3 H-24 3/79 15M 1 To: Contra Board of Supervisors Costa From: M. G. Wi ngett, County Administrator County Date: March 9, 1983 Subject: Denial of Claims Spec if is Request(s) or Recommendation(s) -Authorize the Clerk of the Board of Supervisors to delay until August 1 , 1983 submitting claims seeking to recover taxes in the amount of the two percent per year Proposition 13 "inflation factor" . Background and Justification: The Clerk of the Board has already received in excess of 10,000 claims for refund of property taxes pursuant to pending court actions indicating that the Assessor improperly applied the two percent "inflation factor" to assessments prior to the 1978-1979 fiscal year. Assemblyman Naylor has introduced AB 1022 which would obviate the need for each individual property owner to file for the refund if the trial court decision is subsequently upheld by the California Supreme Court, or Court of Appeals. If AB 1022 passes in a timely manner, denial of these claims is probably unnecessary. Denial of the claims at this time will require the Clerk to mail a copy of the Board' s Order denying the claim to each person who has submitted a claim. The Board has six months in which to deny claims. If AB 1022 has not passed the Legislature by August 1 , the Clerk can then forward all the claims to the Board for denial . continued on Attachments Yes X No Si nature: Recommendation of county Administrator Recommendation of Board Committee X Approve Other Comments , Signature (*) , Board of Supervisors Actions pproved an Rocommondod Other 1 hemby Comfy that this is a true and correct COPY of an action taken and entered on the minutes of the Board of Supes� rS on the data Shown. unanimous (Absent D ) ATTESIP-0: Ayes Noes t J.R. C}LSSON, COUNTY CLERK Abstain, Cc = C©urty Administrator ens sx ofilefo Cfark of the Board Cc+ur.ty Counsel Assessor Treasurer-Tax Col I f . aaP Y 059 r I / . `contra Costa M. G. Wingett, County A&'zinistrator- County March 9. .. Fos i t i on of Support for AB 1088 ( l senberg and Seastrand) Ke :er t ;s I o» Reco=, endati,on(s� . AQc,,`, a posi tior of su«port for AS 10&q and authorize County Administrator to transmit the board' s posi ;Eon to appropriate rz*m6ers of the Legislature. Asse-blrn,an Isenberg has introduced AS 1088 at the specific suggestion of Supervisor tr 11orlakson and the County Supervisors Association of California. AB 1088 would create an eight-rrber i.orr;ission on Reducing Health and Welfare Administrative Costs and a technical task force to assist the Commission. The intent of AB 1088 is to form a hi-partisan coalition of the Legislature, Administration, and County Government to identify specific wags in which the administrative cost of providing services can be reduced. CSAC would appoint two members of the Commission. County government would also be strongly represented on the technical task force. We urge the Board to strongly support AB 1088 and work actively for its passage. Continued on Attachment; _ Yes X No Sic7nature: _ X Recommendation of County Administrator Recommendation of Board Committee X Approve Other Comments: Siclnature Hoard of Surservls rs Action: PProvec3 as Recommended Other 3 hereby certify that this Is a but and correct copy of an action taken and entered on the minutc:' ;: i:-e Board of Supero, sors on the data shown. ATTESTED: X Unanimous (Absent 0. J.R. OLSSON, COUNTY CLERK Ayes: and ex cfriclo Clerk of the Board -- No os: Ori g: County Administrator Abstain: cc: Legislative Delegation �. (via CAO) By , Deputy CSAC Supervisor Tom Torlakson Supervisor Sunne McPeak 060 TO . BOARD OF SOPERV I SORS Cmtra Cosla DATE : March 15, 1983 QXjqy SUBJECT: Legislation Regarding Property Tax Refund SPEC 1 F 1 C REQUEST(S ) OR Ptroom mNAAT i CTI(S ) A BAr-KGRouND AND jLST I F 1 GT 1 ClN On the motion of Supervisor Powers, the Board of Supervisors endorses the concepts of the property tax refund system embodied in Assembly Bill 1022 (Naylor) . CONTINUED CN ATTACMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADM i N 1 STRATOR RECOM?►IENDAT I CN OF BOARD COMMITTEE APPROVE OTHER: SIGNATURE(S ): ACTION OF BOARD ON; ._� � f p Y� APPROVED AS RECOM++IENDEO X_ OTHER VOTE OF SUPERV I SOBS 1 NEWBY CERTIFY TMT THIS IS A TRUE tNATV i ISXSS {ASSENT AND QCT COY OF AN ACTION TAKEN AND INWRED ON TM MINUTES OF TM BOARD AYES: Nims pF S1.111MCIRV ISORS CS! Tlf VATIC gpl01MW. ABSENT: ABSTAIN wTTESTIED !S, r��'�3 J.R. OLSSM. COtNTY C LO K AND ZX G"I C 10 CLOK K OF TW BCI ARD 061 BY QL'en: , 0. &-�- .DEPury To board of Supervisors Contra Costa From: M. G. Wingett, County Administrator County Date: March 9, 1983 Subject: Senate Bill 107 (Ellis) Specific Requests) or Recommendations) Adopt position in opposition to SB 107 (Ellis) Background and Justification: SB107 by Senator Jim Ellis of San Diego would reduce the amount of "ail subvention payments , transfer payments and any other type of payment" to any county (and city, school district, and special district) in any case where any officer or employee of the county is compensated in an amount in excess of the annual compensation paid to the secretaries of specified State agencies. The reduction would be based on the amount by which State subventions as a percentage of total county expenditures have increased between two specified fiscal years. Aside from the fact that such action is an unwarranted intrusion on the salary negotiation responsibilities of the Board of Supervisors , the formula is very complex and would be difficult to administer. Since the Legislature has frequently failed to provide adequate cost-of-living adjustments to local government, they should have little or no concern with the salaries paid by local government. CSAC is also opposed to SB 107. Continued on Attachment: Yes X No e. X Recommendation of County Administrator Recommendation of Hoard Committee X Approve Other Comments: Si nature (s) , Hoard of supervisors Action, Approved an Recommended Other !hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supe sora on the ate shown. Unanimous (AbsentATTESTED: C� ) (J 9 8 3 Ayes : Noes : �.o, n� eana� ne%l tuT_v r_t_Crw Abstain: CC : County Administrator and ex officbo.Clerk of the Board Legislative Delegation (via CAO) By , Deputy 062 Contra To: Board of Supervisors Costa From: M.G. Wingett, County County Administrator Date: March 7 , 1983 Subject: Polygraph Tests (Legislation Restricting the Use of) Specific Request (s) or Recommendation(s) : Adopt a position in opposition to AB487,. AB346 and any other legislation which would prohibit the county from using polygraph tests as a part of its pre-employment screening process or as a condition of continued employment . Background and Justification: Section 432 . 2 of the Labor Code presently prohibits any employer from requiring a prospective or current employee to take a polygraph test as a condition of employment or continued employment. However, all public employers , including the federal and state government and all counties , cities and districts are exempt from this prohibition and can , therefore , require the use of a polygraph test for any or all prospective or current employees . AB 487 (Chacon & Tucker) would totally remove this exemption. In Contra Costa County the Sheriff- Coroner uses polygraph tests as a part of the .pre-employment screening process for prospective employees . He believes strongly that such tests are an essential element in the screening and selection of employees and urges opposition to this or any other proposed legislation which would restrict his use of such tests . AB 346 (Floyd) maintains the exemption for law enforcement agencies but removes it for all other departments , specifically including fire agencies . The Director of Personnel recommends opposition to AB 346 . Continued on Attachment: Yes No X Signature: X Recommendation of County Administrator Recommendation of Board Committee Approve Other Comments: • /, Signature (s) L Hoard of Supervisors Action: A rove as Recommended Other 1 hereby certify that this is a true and correct copy of an action taken and entered of the c:ilnutas of the Board of suaery rs on the :c --hos�n. ATTESTE;1. Unanimous (Absent _ p ) J.R. Oi_SSON, CO.*'7771' C'-E'K Ayes: and ex officio C&'e►k of- i board �- Noe n: cc : County Administrator Abs La in : Legislative Delegation (via (via CAO) By , De4u#y 063 Tc : BOARD OF SUPERVISORS room : M. G. Wingett, County Administrator Contra Costa DATE : March 15, 1983 QNjqy sus.7ECT: Legislation--Opposition to Assembly Bill 187 SPECIFIC REOUEST(S ) OR RECOWMISIDAT i ON(S ) ! BAC? OXXOID AMC JUST!F!cAT i ON Adopt a position of opposition to AB 187 (Young) BACKGROUND: This bill proposes compulsory and binding arbitration as the final resolution to an impasse between an organization representing peace officers and a public employer. (Hearings on the bill have been delayed because its proponents are attempting to include firefighters in the legislation. ) Aside from enforcement problems, the mechanics of compulsory and binding arbitration as designed in AB 187 are unacceptable and unwieldy. For example, when the parties reach an impasse, anarb'itrator chooses between the "last best offer" on an issue-by-issue �� basis, or any alternative offers by the parties. Given this language in the bill , there could be as many as 50 to 100 "alternative" offers from which to choose. In practice, AB 187 is not a last-best-offer type of arbitration because of the "alternate offer" proviso. It is open-ended and would give too much flexibility to an arbitrator. Compulsory and binding arbitration negatively inhibits the free "give and take" of meaningful meet and confer negotiations in the public sector. The City of Hayward, as an example, has had compulsory and binding arbitration for several years. Four MOU' s have been signed since then , and two of those MOU's addressed multi=yearcontracts. Of the four MOU' s , only one was successfully negotiated; the other three were mandated by an arbitrator. It is also important to note that binding arbitration will include all interest issues. Interest issues include all matters at the table, not only wages; this is the important part of the bill . As you are aware, manning issues are often more expensive than salary. The Director of Personnel urges that the Board of Supervisors oppose AB 187. CONT 1 NU£D CN ATTACK : YES S 1 GKATURE RECOWIENDATiON OF COUNTY ADMINISTRATOR RECCNMENDATICN OF BOARD COMMITTEE APPROVE OTHER: SIGNATURE(S ): a rC APMOV= AS RECOWtt =o ORH[R ACTION OF BOARD ON: VOTE OF• BLJPERV I TORS 1 MKIMBY CSRT 1 ICY 7%AT TM I S IS A TRUE UNM AND CCrWWCT CDPY OF AN ACTION TARN AYES:ES: t.lS (ABSENT �`....r) Alii ZNTZW D CIN Tif MINUTES OP M BOARD iiDt'i:� pf �'�,! CN M OJiT[ iHOSfV. ANSVr 7.- ABSTA I N �... cc: County Administrator �A 15.0 jr K.0 L /,Q 1,9e 3 Assemblyman Young J.It. ism. coc'y c-tw i—m 064 Legislative Delegation EX arFIC10 CUCFVC vF TM BOARD Director of Personnel Sheriff _ my CSAC ���� ORDINANCE NO . 83- 7 -TAm6u-'a`n'ce Sery I c e s 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 48-2.004 "Purpose" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-2 .004 Purpose . The purposes of this division are to: ( 1 ) Enact formal policies and regulations for licensing and regulating the operation of ambulances ; ( 2) Protect the public from unsafe and unsanitary opera- tion of ambulances ; ( 3) Allow for adequate ambulance services in all areas of the county; and ( 4) Allow for the orderly and lawful operation of a local emergency medical services system pursuant to the provisions of Health and Safety Code 5§ 1797 et seq . (Ord . 83- 7 _ §19 70-77. ) SECTION II: Section 48-2.006 "Exemptions" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-2.006 Exemptions . (a) This division shall not apply: ( 1 ) To vehicles operated as ambulances and to persons engaged in the -ambulance service where ambulance services are ren- dered at the request of any county communications center or at the request of any law enforcement or fire protection agency during any "state of war emergency" , "state of emergency" , or "local emergency" as defined in Government Code Section 8558 or during any period (not over 30 days , but renewable every 30 days ) when the County health officer has determined in writing that adequate ambulance service will not be -available from existing permittees ; (2) To vehicles operated as ambulances and to persons engaged in the ambulance service where ambulance services are ren- dered exclusively to patients who become in need of ambulance ser- vice while on or in the place of business of the person and where no charge is made for the ambulance services rendered , provided , however , that if the vehicle is going to travel Code 3 or its equivalent , the appropriate county communications center shall be so notified of this fact . (b) This division shall not prevent any peace officer , fire- fighter , or physician licensed to practice medicine in this state , from arranging for the transportation of an individual in need of emergency medical care when no ambulance with an ambulance service permit is available and such transportation is required imme- diately for the preservation of life or to avoid substantial impairment of the person to be transported . (c ) This division , and regulations promulgated hereunder , shall not prohibit hospitals which contract With group practice - 1- 005 ORDINANCE NO . 83- 7 prepayment health care service plans from providing necessary medical services for the members of such plans . (Ord . 83- 7 §29 70-77. ) SECTION III : Section 48-4 .004 "Ambulance" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-4 .004 Ambulance . "Ambulance" means any privately owned vehicle specifically constructed , modified , _equipped , or arranged and operated for the transportation of individuals in need of medical care and which operates or may operate Code 3 or its equivilant . The meaning includes , but is not limited to, privately owned ambulances and paramedic units . (Ord . 83- 7 §39 70-77. ) SECTION IV: Section 48-4 .006 "Ambulance Service" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-4 .006 Ambulance service_. "Ambulance service" means the activity, business or service , for hire , profit , or otherwise , of transporting one or more persons by ambulance on or in any of the streets , roads , highways , alleys , or any public way or place in the unincorporated areas of this county. (Ord . 83- 7 §4 , 70-77. ) SECTION V: Section 48-4 .008 "Attendant" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-4 .008 Attendant . "Attendant" means a trained and/or qualified _individual who , regardless of whether he/she also serves as driver , is responsible for the care of ambulance patients and who has met all license and other requirements in applicable state laws and regulations . The term includes but is not limited to. EMT I , EMT II , and EMT-P , as those terms are used in Health and Safety Code 5§ 1747 et seq . (Ord . 83-7_ 559 70-77 . ) SECTION VI : Section 48-4 . 011 *Limited Advanced Life Support and Advanced Life Support" is added to the County Ordinance Code to read : 48-4 .011 Limited Advanced Life SuR ort and Advanced Life Supeiai L . ' "Lfmfte yad asie d �li e � up r�rt* ant rpa$vanee�'f�fe� support" have the same steanirg3 as when used in Health and Safety Code sections 1797 et seq . (Ord . 83- 7 S6 . ) SECTION VI Section 48-4 . 012 *Emergency Response Areas" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-4 .012 Ambulance ReUonse !tress . *Ambulance Response Areas" means tEiVireas shown on the map efiff led *Ambulance Response Areas of Contra Costa County" on file in the office of the sheriff and the clerk of the hard , and as it may be changed from time to time by the permit officer pursuant to section 48-16.004 . Each ambu- lance responac area shall be of sufficient size and population to support the provision of emergency and non-emergency ambu- lance service for that area , including advanced and/or limited advanced life support where determined necessary by the Local EMS Agency , so that the appropriate level of ambulance .service is available to all residents of the County without the need for County sub�sidv . (Ord . 83- . _ 57 , 70-77 . ) ,.2- pus ORDINANCE NO ._8 SECTION VIII: Section 48-4 .014 "Emergency Response Area List" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-4.014 Ambulance response area list . "Ambulance response area list" means a' list prepared in accordance with section 48-16. 006 from which the County' s dispatchers will determine which permittee to contact in accordance with regulations adopted by the permit officer to respond to calls for ambulance services which it receives , provided however , that the list shall also contain the name(s ) of any fire district (s) in the ambulance response area which provide (s) ambulance or rescue services pur- suant to Health and Safety Code Sections 13853 and 13854 and said District (s ) shall receive priority on Ambulance dispatch in the district . Copies of the ambulance response area list shall be kept on file in the offices of the sheriff and the clerk of the board . (Ord . 83- 7 §8 , 70-77. ) SECTION IX: Section 48-4 .016 "Health Officer" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-4.016 Health officer . "Health officer" means the county health officer , or other official designated by the board to per- form the health officer' s functions under this division. (Ord . 83--.L- §9 , 70-77. ) SECTION X: Section 48-4 .018 "Medical Director" of the County Ordinance Code is repealed . SECTION XI: Section 48-4 .020 "Patient" of the County Ordinance Code is repealed . SECTION XII: Section 48-4 . 023 "Permit" is added to the County Ordinance Code to read: 48-4 .023 Permit . "Permit" means written authorization by the County to provide non-emergency and emergency ambulance ser- vice within specified Ambulance Response area(s ) . (Ord . 83- 7 §12. ) SECTION XIII: Section 48-4 .024 "Sheriff" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-4 .024 Sheriff . "Sheriff means the sheriff-coroner of this county. (Ord . 83- 7 5139 70-77. ) SECTION XIV: Section 48-6 .002 "Required" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-6 .002 Required . No person (either as owner , agent or . otherwise ) shat uF fsh, operate , conduct , maintain or otherwise engage in, or advertise , offer or profess to engage in the ambu- lance service unless he/she holds (and is entitled to hold) a currently valid ambulance service permit . (Ord . 83- 7 514, 70-77 . ) SECTION XV: Section 48-6 .004 "Application-Forms" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-6 .004 Application - F_orms . Each application for an ambu- lance service permit shall be made upon forms prescribed by the permit officer . Such application form shall require the applicant to undertake as a condition of the permit , if granted , the assump- tion of affirmative obligations , including but not limited to: . -3 067 ORDINANCE NO. 83-7 (a) A covenant that ambulance service Will be provided for all non-emergency and emergency calls arising in the ambu- lance response area , or dispatched to it by any county com- munications center , without regard to the patient' s ability to pay; (b) A covenant that it will provide ambulance service in accordance with all its representations provided pursuant to u8-6.006; (c) An agreement to indemnify and hold harmless the County, its officers and employees against damages , attorney's fees , and costs of defense , arising from claims against the County, its officers and employees , including claims for negligence and malpractice . The language of such indemnification shall be developed by the Permit Officer and approved by the County Counsel . (Ord . 83- 7 _ §15 , 70-77 . ) SECTION XVI: Section 48-6 .006 "Application - Required data" bf the County Ordinance Code is repealed , amended , and re-enacted to read: 48-6 .006 Application - Required data. (a) Each application for an ambulance service permit shall show the following data: ( 1 ) The name(s) and address (es ) of the applicant(s) and of the owner (s ) of the ambulance (s ) and the business or any interest therein; (2) The applicant ' s training and experience in the transportation and care of patients ; ( 3) The name(s ) under which the applicant has engaged , does , or proposes to engage in ambulance service; ( 4) A description of each ambulance including: the make , model , year of manufacture , vehicle identification number; current state licanse number; the length of time the vehicle has been in use; the color scheme, insignia , name , monogram and other distinguishing characteristics of the vehicle; a descrip- tion of the company's program for maintenance of the vehicle; and a description of the vehicle' s radio(s ) ; ( 5) That the applicant has obtained all licenses and permits required by state laws or regulations for the type of ambulance service proposed; ( 6) The Ambulance Response Area(s ) for which an ambu- lance service permit is desired; (7) The names and qualifications of each attendant employed , or to be employed , in providing ambulance service; ( 8) That the applicant possesses and maintains currently valid California Highway Patrol Inspection Reports for each vehicle listed in the application; (9) A description of the Company' s training and orien- tation programs for attendants and for dispatchers; ( 10 ) Evidence of such financial responsibility and insurance coverage as may be required by the permit officer; -4- ORDINANCE NO . 83— 7 068 ( 11 ) Facts relied on by the applicant in asserting that the public health, safety, welfare , convenience and necessity warrant the granting of the ambulance service permit; ( 12) Evidence of the ability of the applicant to provide emergency ambulance service within established response times for each ambulance response area applied for , twenty four hours per day, seven days per week, year round; ( 13) All service charges and the rate structure of "the company; ( 14 ) Whether the service will include limited advanced or advanced life support service , and , if so: (i ) The number of limited advanced and/or advanced life support units to be deployed on each shift; (ii ) The ambulance response area(s ) to receive limited advanced life support service; (iii ) The ambulance response area(s ) to receive advanced life support service; and (iv) The provisions , if any, for continuing education of the limited advanced and advanced life support attendants . (b) Additional Information: The applicant may be required to submit such other information as the permit officer deems necessary for determination of compliance with this division. (Ord . 83- 7 §16 , 70-77 . ) SECTION XVII: Section 48-6 .008 "Applicant - Investigation" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-6.008 Applicant - Investigation . Upon receipt of a comp eted applM ion anand-the required fee , the permit officer shall make or cause to be made such investigation as the permit officer deems necessary to determine if: (a) The public health, safety, welfare , convenience and necessity require the issuing of a permit; (b) The applicant is a responsible and proper person to conduct , operate or engage in this ambulance service; (c ) The applicant meets the requirements of this division and of other applicable laws , ordinances and regulations; (d) That the radio(s ) in each vehicle is (are) installed pursuant to regulations adopted by the permit officer , and is (are ) in good working order . (Ord . 83- 7 §17. ) SECTION XVIII: Section 48-6.010 "Applicant - Additional investigation" of the County Ordinance Code is repealed . SECTION 'XIX: Section 48-6.012 "Issuance" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-6 .012 Issuance . The permit officer shall issue an ambu- lance service permit to the applicant if the permit officer 069 ORDINANCE NO . 83- 7 determines that the requirements contained in Section 48-6 .008. have been satisfied and complied with; where more than one applicant satisfies and complies with the requirements of 48-6 .008 the Permit Officer shall issue the permit based on--the public health , welfare , convenience and necessity. (Ord . 83- 7 §19 , 70-77. ) SECTION XX: Section 48-6 .013 "Appeal From Permit Denial" is added to the County Ordinance Code to read: - 48-6 .0_13 Appeal From Permit Denial . Whenever the permit officer denies an application for a Ambulance Service Permit , the applicant may request a hearing on the denial at which the applicant will have the burden of proof. The hearing will be scheduled within 30 days of the applicant' s written request for hearing. The provisions of sections 48-14 .010, 48-14.012, and 48-14 .014 shall apply to such hearings , except that the applicant and the County shall share equally in the costs of any hearing officer and court reporter . (Ord . 83- 7 §20 . ) SECTION XXI: Section 48-6.014 "Term" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-6 .014 Term. Permits shall be valid for a period of one year , beginning on January 1 and ending on December 31 , unless earlier suspended , revoked or terminated . Nothing in this divi- sion shall be construed as requiring the granting of a permit upon expiration of a previous permit , or as creating any vested or property right in the renewal , extension, or continuance of any permit after the expiration of its term. (Ord . 83- 7 §219 70-77. ) SECTION XXII : Section 48-6 .016 "Temporary - When Issued" df the County Ordinance. Code is repealed , amended , and re-enacted to read: 48-6 .016 TemporarX - When Issued . The Permit Officer may issue a temporary permit for a period of not over 90 days , renewable for cause expressed in writing by the permit officer . (Ord . 83-7 §22, 83-3, 70-77. ) SECTION XXIII: Section 48-6 .018 "Application - Change of data" of the County Ordinance Code is repealed , amended , and re- enacted to read: 48-6 .018 ARplication - Change of data. The applicant and permTttae_shall report to the permit officer any change in the data required in Section 48-6 .006 within ten days of the effective date of the change , except that any change in- the data required in Section 48-6 .006 (a) ( 1 ) and (5) shall be reported immediately. (Ord . 83- 7 §23, 70-77 . ) SECTION XXIV: Section 48-6 .022 "Limited number of permits" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-6 .022 Limited number of permits . Effective on December 19 , 1950, no more than one ambulance service permit shall be issued under this chapter for ambulance service in any one ambulance response area . (Ord . 83- 7 524 , 80-93) . SECTION XXV: Chapter 48-8 "Compliance Cards" of the County Ordinance Code is repealed , amended , and re-enacted to read: -6- 070 ORDINANCE NO . 83- 7 Chapter 48-8 VEHICLE COMPLIANCE Sections : 48.-8 .002 Required . . 48-8 .004 Inhpection . 48-8 . 002 Required . Every ambulance shall carry a valid California Highway Patrol Inspection Report authorizing the use of the vehicle as an ambulance . (Ord . 83- 7 §25 (part ) , 70-77 . ) 48-8 .004 Ins,pCetion . Ambulance service operators shall allow the permit officer , or designee(s ) , to inspect , on a preannounced or unannounced basis , all ambulances used to provide ambulance service . The purpose of such inspections may include , but shall not be limited to , determining if: (a ) The ambulance is properly maintained and equipped for the provision of ambulance service ; (b) The description of the ambulance , required by §48-6 .006 (a ) (4 ) , is accurate; (c ) The ambulance contains radio(s ) installed pursuant to regulations adopted by the Permit Officer , and that the radio(s ) is (are ) in good working order . (Ord . 83- 7 625 (part ) , 70-77 . ) SECTION XXVI: Section 48-10 .002 "Permit" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-10 .002 Permit . A nonrefundable fee in the form prescribed by the permit officer shall accompany every application for an ambulance service permit . The amount of fee per each ambulance response area to be served shall be established by resolution of the Board of Supervisors . (Ord . 83-_? 5269 70-77 . ) SECTION XXVII : Section 48- 10.004 "Temporary Permit" of the County Ordinance Code is repealed , amended and re-enacted to read: 48-10 . 004 Temporar Y Permit . (a ) Amount: A non refundable fee man amount established by resolution of the Board of Supervisors shall be required before the permit officer may issue a temporary ambulance service permit . (b) Credits If a regular ambulance service permit is issued to a temporary permit holder , the regular permit shall be deemed issued as of the date the temporary permit was issued and the per- mittee shall be entitled to a credit for the amount of the tem- porary permit fee paid . (Ord . 83-_7 §27 , 70-77 . ) SECTION XXVIII : Section 48-10.006 "Proration" of the County Ordinance Code is repealed . SECTION XXIX: Section 48-10 . 010 "Payment" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-10.010 PayMent . The fees required by this chapter shall be paid to the County permit officer at the time of application -7- 071 ORDINANCE NO . 8 for a permit and shall be forwarded by him/her to the County Auditor-Controller . (Ord . 83- 7 §29 , 70-77. ) SECTION XXX: Chapter 48-12 "Driver and Attendant Standards" of the County Ordinance Code is repealed , amended, and re-enacted to read: Chapter 48-12 PERSONNEL STANDARDS Sections: 46-12.002 Drivers and Attendants . 48-12 . 004 Uniform and appearance . 48-12. 006 Dispatchers . 48- 12. 002 Drivers and attendants . Each person providing ambulance service subject to permit under this division shall: (a) Employ only drivers who possess a valid Ambulance Driver certificate issued by the California Department of Motor Vehicles; (b) Employ only attendants who have valid certification pursuant to Health and Safety Code §§ 1797 et seq. , or regulations promulgated pursuant to those provisions . (Ord . 83-2 __ §30 (part ) , 70-77. ) 48-12.004 Uniform and_all arance . Each person providing ambulance services subject to permit under this division shall staff each ambulance with appropriate personnel who shall wear clean uniforms , be neat and clean and comply with the requirements of this division and such other requirements as may be prescribed by the permit officer to assure compliance with this division. (Ord . 83- 7 §30 (part ) , 70.-77 . ) 48-12 .006 Dispatchers . Each person providing ambulance ser- vice subject to permit under this division shall assign at least one person to be responsible for receiving calls and dispatching ambulances . Persons holding ambulance service permit (s ) under this division shall provide such dispatch services on a 24 hour per day basis and shall adequately train the dispatcher to radio operation and protocols and to the ambulance - response area(s ) served before said dispatcher begins dispatching emergency calls . (Ord . 83- 7 §30 (part ) . ) SECTION XXXI: Chapter 48-14 "Permit and Card Suspension or Revocation of the County Ordinance Code is repealed , amended , and re-enacted to read: CHAPTER 48-14 PERMIT SUSPENSION OR REVOCATION Sections: 48-14.002 Authority. 48-14.004 Notice issuance . 48-14. 006 Hearing. 4814. 008 Emergency Action . 48-14. 010 Evidence 48- 14.012 Hearing Officer 48-14. 014 Decision , 072 ORDINANCE NO . 83- 7 48-14 .002 Authority. The permit officer may suspend or revoVe-anaan-5ula ce service permit for failure to comply with and maintain compliance with , or for violation of, any applicable pro- visions , standards or requirements of state law or regulation, of this division , or of any regulations promulgated hereunder . Suspension is not a condition precedent to revocation . (Ord . 83- 7 S11 (part ) , 70-77 . ) 48- 14 . 004 Notice issuance . Before suspension or revocation, the permit officer shall g ve written notice to the permittee spe- cifying why such action is contemplated and giving the permittee a reasonable period of time (not less than seven nor more than fif- teen days ) to comply with the provisions in question or to show cause against Suspension or revocation and setting a date for hearing thereon . (Ord . 83- $31 (part ) , 710-7191% ) 48- 14 . 006 hearin8. At the tearing the permit officer has the burden of proof an spay present evidence as to why such action should be taken and to answer the evidence presented by the per- mittee . (Ord . 83- _ S31 (part ) , 70-77 . ) 48- 14 . 008 Emmen�-Setion . The permit officer may reduce the period of- time for compliance under a suspension or revocation notice to no less than 24 hours and set the matter for hearing immediately upon expiration of said period when he/she makes written preliminary findings that such action is necessary to protect the public health , safety and welfare . When , as a result of such an emergency proceeding a permit is suspended or revoked , the permittee may request an additional hearing at which the permittee will have the burden of establishing renewed compliance justifying reinstatement of the permit . Such additional hearing will be commenced within five days of the permittee' s request . The request for , or the scheduling of, an additional nearing shall net stay operation of the suspension or revocation order . (Ord . 83-_` - $31 (part ) , 70-77 . ) 48- 14 . 010 Evidence . In hearings conducted pursuant to this chapter , evidence must be relevant , non-cumulative , and of such nature as responsible persons are accustomed to rely on in the conduct of serious affairs . Written statements by a county officer or employee , an officer or employee of the State of California , or an officer or employee of any law enforcement or fire protection agency acting in the course and scope of their official duties or employment may be accepted as evidence that such fact (s ) or condition(s ) do or do not exist . (Ord . 83-_? S31 (part ) . ) 48- 14. 012 H_earina_officer . Hearings conducted pursuant to this chapter shall be conducted before a hearing officer designated by the County Administrator . The hearing officer may issue subpoenas for the production of documents and/or atten- dance of witnesses . The hearing officer shall determine whether oral evidence at the hearing shall be recorded by a court reporter at county expense . At the conclusion of said hearing, the hearing officer shall promptly prepare a written summary of the evidence and proposed findings and conclusions for con- sideration by the permit officer . (Ord . 83-_7S31 (part ) . ) 48-14 . 014 Decision . The permit officer shall issue a written decision within hTrty days after conclusion of the hearing. (Ord . 83 531 (part ) , 70-77. ) -9- 0'73 ORDINANCNO. 83_ 7 SECTION XXXII: Section 48-16.002 "General Requirements" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-16.002_ General requirements . When responding to an emergency call and/or operating "Code 3" or its equivalent , the ambulance driver shall see that the radio is activated; shall notify the appropriate county communications center that he/she is responding to an emergency call and/or operating "Code 3" or its equivalent; shall notify the appropriate county communications center of the destination; and shall comply with all orders and directions _given by the appropriate county communications center . (Ord . 83- §32, 70-77. ) SECTION XXXIII: Section 48-16.004 "Change of Area Map" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-16 .004 Change of area ma_u. The permit officer may change the bo ndarie's of the ambulance' response areas after public hearing , noticed in accordance with Section 48-20.002(b) . The effective date of any such changes shall be the thirtieth day after the date of the change , or such later date set by the Permit Officer . (Ord . 83-? §33 , 79-44 , 70-77. ) SECTION XXXIV: Section 48-16.006 "Preparation of area lists" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-16.006 Preparation of area lists . The permit officer shall prepare and keep -up to date the emergency ambulance response area list . The permit officer shall include on the list for each ambulance response area the ambulance service permittee for that area , any Public Fire Protection district (s ) in the Ambulance Response Area which provide (s ) ambulance or rescue services under the authority of Health and Safety Code Sections 13853 and 13854 , as well as the ambulance service permittee(s) from other areas (s ) who will provide back-up emergency ambulance service for that area . (Ord . 83-_7 §34 , 70-77 . ) SECTION XXXV: Section 48-18.002 "Dispatching" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-18.002 Ditching. (a) Ambulance Available: ( 1 ) Emergency: Upon receiving a call for emergency ambulance service the permittee shall immediately dispatch an ambulance to the address or place given and the ambulance dispatched shall immediately start a direct run to that address or place and shall complete that run unless directed otherwise by the appropriate county communications center , or unless diverted to respond to another emergency. (2) Non-Emergency: Upon receiving a call for non- emergency ambulance service the permittee shall promptly dispatch , or schedule for dispatch at a time acceptable to the caller , an ambulance to the address or place given and the ambulance shall promptly, or at the time scheduled , start a direct run to that address or place and shall complete that run unless directed otherwise by the appropriate County Communications Center , or unless diverted to respond to an emergency. 074 ORDINANCE NO. 83- 7 (b) Ambulance Unavailable: ( 1 ) Emergency: Upon receiving a call for emergency ambulance service and having no ambulance available to immediately make a direct run to the address or place given the permittee shall immediately notify the caller and the appropriate county communications center of this fact . (2) Non-Emergency: Upon receiving *a call for non- emergency ambulance service and having no ambulance available to make a direct run to the address or place given, or to do so at some later time agreeable to the caller , the permi-ttee shall immediately notify the caller of this fact and if the caller cannot be so notified , the permittee shall immediately notify the appropriate county communications center . (c) Health care service plan members . When the person(s ) receiving ambulance service pursuant to the terms of this division is (are ) a member of a group practice prepayment health care ser- vice plan , said member (s ) shall be transported or transferred to a hospital that contracts with the plan when the base station hospi- tal , or hospital which first received the member , determines that the condition of the member permits such transport or when the condition of the member permits such transfer , except that when the appropriate county communications center determines that such transport or transfer would unreasonably remove the ambulance from the ambulance service area , in which case the member(s) will be transported to the nearest hospital capable of treating the member (s ) . (d ) Ambulance Diverted: If an ambulance is directed to make a direct run to an address or place and is thereafter diverted for any reason , the permittee shall immediately notify the caller of this fact , and if the caller cannot be notified , the permittee shall immediately notify the appropriate county com- munications center . (Ord . 83- 7 _ §35 , 70-77 . ) SECTION XXXVI: 48-18.003 "Unauthorized Response" is added to the County Ordinance Code to read: 48-18.003 Unauthorized Res op nse . No ambulance service per- mittee under this division shall cause or allow its ambulance(s ) to respond to a location without first receiving a specific request for such service at that location . Ambulance Service Permittees shall cooperate with the permit officer , or designee(s ) , in any investigations of possible viola- tions of this section and shall make all dispatch logs and similar records available for inspection and copying at reasonable times at the permitteets regular place of business . (Ord . 83- 7 §36. ) SECTION XXXVII : Section 48-18.004 "Renewal of Permits and Compliance Cards" of the County Ordinance Code - is repealed , amended , and re-enacted to read: 48-18.004 Renewal of Permits . Renewal of an ambulance ser- vice permit shamsrequire conformance with all requirements of this division as upon issuance of an initial permit . Nothing in this division shall be construed as requiring the granting of a permit upon expiration of a previous permit , and the burden of proof respecting compliance with all the requirements for a per- mit and of entitlement to a permit shall remain at all times with the applicant for renewal . (Ord . 83- §37, 70-77. ) -11- 07:5 ORDINANCE N0 . 817 SECTION XXXVIII : Section 48-18.006 "Responsible Advertising" is added to the County Ordinance Code to read: 48-18 .006 Responsible AdvertisinE_ No Ambulance Service Permittee under this division shall announce, advertise, offer , or in any way claim that: (a) It provides ambulance service unless it possesses a current , valid , ambulance service permit for the Ambulance Response Area(s ) where it is claiming to provide such service; or (b) It provides limited advanced or advanced lige support service , unless it actually provides such service . (Ord . 83- 7 §38 . ) SECTION XXXIX: Section 48-18 .008 "Adoption by local jurisdictions" is added to the County Ordinance Code to read: 48-18 .008 Adoption _tylocal _jurisdictions . Upon adoption of this ordinance by incorporated cities or towns in the County of Contra Costa , the provisions of Section 48-4.006 shall be extended to include the streets , roads , highways , alleys , or any public place within the incorporated area of said city or town and the county permit officer shall enforce this ordinance within that jurisdiction . (Ord . 83- 7 §39 . ) SECTION XXXX: Section 48-20.002 "Authority" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-20. 002 Authority. (a) Adoption: The permit officer , after consultat on with the county emergency medical care commit- tee , and after public hearing, may adopt and enforce such reaso- nable regulations concerning personnel-, training, equipment , - communication , or any other matter which the permit officer deter- mines necessary for the public health and safety regarding the operation of ambulances and to effectuate the provisions of this division. (b) Notice: The permit officer shall give notice of the ' time and place of the public hearing at least fourteen days in advance- by: ( 1 ) Mailing notice to all persons requesting notice , to all persons holding ambulance service permits ; and . (2) Posting in the lobby of the county administration building. (Ord . 83- 7 §40 , 70-77. ) SECTION XXXXI : Section 48-20.004 "Investigations" of the County Ordinance Code is repealed , amended , and re-enacted to read: 48-20.004 Inyes_ti&atio_ns . (a) Scope: Whenever in this divi- sion the permit officer is required to make, or cause to be made , such investigation - as the permit officer deems necessary to deter- mine if certain fact (s ) or condition(s ) exist , the permit officer may accept a written statement by a county officer .or employee , an officer or employee of the state of California , or an officer or employee of any law enforcement or fire protection agency acting within the course and scope of their official duties or employment as evidence that such fact (s ) or condition(s ) do or do not exist . -12- 0'70 ORDINANCE N0 . 83- 7 (b) Time: Whenever in this division the permit officer is required to make , or cause to be made an investigation with regard to an application for an ambulance service permit , the permit officer shall complete the investigation and either approve or deny the application , in whole or in part , within ninety days of the date of application . (ord . 83-�7 §41 , 83-39 70-77. ) SECTION XXXXII: Section 48-20.005 "Permit Officer Decision Final" is added to the County Ordinance Code to read: 48-20. 005_ Permit Officer_ Decision Final . Whenever in this division the permit officer_ _is required to make a decision approving , denying, suspending, or revoking an ambulance service permit , said decision shall be final and conclusive and shall not be subject to appeal under Chapter 114-14 . (Ord . 83- 7 §42. ) SECTION XXXXIII : CREDIT-FOR-FEES PAID . In determining. the fee payable for the 193permits hereunder the Permit Officer shall credit the applicants with the amount paid under the former ordinance . SECTION XXXXIV_: 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 MARTIMEZ NEMS-GAZETTE -----a newspaper published in this County. PASSED on March 15, 1983 by the following vote: AYES: Supervisors- Powers , Eanden, McPeak, Torlakson, Schroder. NOES : Supervisors None. ABSENT: Supervisors- None. ATTEST: J. R . OLSSON , County Clerk & ex officio Clerk of the Board BCY2 --gze`=------ L' - - Diana M. Herman Deputy Board Cha [SEAL] -13- ORDINANCE NO 8 - 7 077 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Subdivision Ordinance Code Requirements for Drainage Milton Kubicek, Deputy Public Works Director , having appeared before the Board at the conclusion of its hearing on proposed criteria for residential development in areas designated as Agriculture Residential or Open Space in the County General Plan, and having out- lined the many problems relating to development without adequate drainage ; and Supervisor Torlakson having recommended that the Public Works Director be requested to report to the Board on the desirability of having the Board of Supervisors approve all requests for exceptions to the drainage "collect and convey" ordinance code requirement ; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Torlakson is APPROVED . t hereby csrtJty that this is a true andconectcopyof an action taken and entered on the minutes of the Board of Supervisom on the date shown. ATTESTED: �44� J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Boar! $r , Depvn� Orig. Dept.: Clerk of the Board cc: Public Works Director Flood Control County Counsel County Administrator 078 ��J Contra To: Board of Supervisors Costa From: Mt . Diablo Municipal Court District County Date: March 9 , 1983 subject: Relief of Shortage Request in the amount of $8 . 00 by the Mt. Diablo Municipal Court District Specific Request (s) or Recommendation(s) : It is recommended that the Board AUTHORIZE a relief of shortage in the amount of $8 . 00 in the Mt. Diablo Court District pursuant to government Code Section 29390 as recommended by the County Auditor Controller and District Attorney Background and Justification: The Mt. Diablo Municipal Court Administrator requests for a relief of cash shortage in the amount of $8 . 00 which occurred in August, 1981 due to a difference in the accounting records between the Court and the bank. This matter has been investigated by the Auditor Controller and District Attorney' s offices. and it is their recommendation that the Board of Supervisors grant the relief of shortage ip the amount of $8 . 00 for the Mt. Diablo Municipal Court District. Continued on Attachment. Yes x No Signature: Recommendation of County Administrator Recommendation of Board Committee X Approve Other Comments: +<�.,r•t of St�� rrvisors Action: " Approver! as RecommcntlM Other i two,evoty that this is a tiw and CorrW Copp of an aCWn taken and entered on the minutes of OW Board of Su on the date shown. .� ATTEST)`^: J.R. c Lzzpi jM COWM CLERK ':;,,•, and ex ( o.:u ,C.wik of N1tr ant ORG : County Administrators Office 11 cc : Mt . Diablo Municipal Court By � Auditor--Controller Di to r:ct Attorney .-+ To'. MOARD Or S O RV IS ON'S / 1 PTS : Judy Annler , Directorcaft D'epartr^en+o of Manpower Programs Coga DATE ' February 1 I , 1983 sus.IccT. Authorization to Increase Petty Cash Fund srcctric (s ) On mram+ AT1on(s): IT IS BY THE BOARD ORDERED that authority is granted to increase the Revolving Pett; Cas' Fund of the Manpower Department from $150.00 to $250. 00 . _: RACKVOKXM AAS 1U T I ri CATION: On October 18, 1977 , the Board of Supervisors approved the establishment of a Petty 'Cash Fund in the amount of $ 150. 00 for the Department of Manpower Programs (copy of Board Order attached ) . When the petty cash fund was initially established, Manpower was an office of the Human Resources Agency. Since then, Manpower has become an independent department responsible for obtaining or providing all its administrative support. The current $150. 00 petty cash fund amount has been found to be inadequate. This inadequacy is attributable to several factors: increased expenditures due to new needs since the original fund was established; restriction of walk through warrants by the Auditor - Controller, which encourages the increased use of the petty cash fund; DMP requirement to send grant documents to DOL by Express and Special Delivery - which is not handled by Central Service; increased delay in the amount of processing time required by the Auditor - Controller to reimburse the fund due to staff reductions and low priority. Our current experience is that the petty cash fund amount is not adequate to supply our petty cash needs for a full month, and we are unable to replenish the fund in a timely enough manner to meet our needs . After consulting with staff of the Auditor - Controller, it is our opinion that the petty cash level established five years ago is no longer adequate and we are requesting it be increased to $250. CONTINUED ON ATTAcHMMT: yES ,X,NO 5 I GNATURE: • RECONAENDATION OF COUNTY ADMINISTRATOR RE TI OF 130ARD COMMITTEE APPROVE OTHM COWAENTS SIGNATURE(S): BOARD OF SUPERV 1 SORS ACTION: APPROVED AS REC:OM EMED OTHER THE BOARD OF SUPERV I SORB f hereby certify that this is a true and correct copy of CONTRA COSTA COUNTY, CAL I FORNI A an action taken and entered on the minutes of the ADOPTED TH I S CRDER ON 161 OS S 3 Board of SupeNsprs on the date shown. BY THE FOLLOW t NG VOTE: ATTESTED: uvMttuocs: J.R. OLS;Ora, i-,OUNTY CLERK NccS:AYES: and ex officio Cie;k of thetheBoard NOE ABSENT: ABSTA I N: 8Y Deputy ORIG. DEPT: Manpower Department cc: County Administrator County Auditor-Controller 1 . 13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 15, 1983 b the following vote: Adopted this Order on � Y 9 AYES: Supervisors Powers , Fanden , t4--Peak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: Contra Costa County Sanitation District No. 19 - Standby Engine SUBJECT: for Water Well No. 2 The County Sanitation District No. 19 (Discovery Bay) supplies the community with water from two wells. At the present time, Water Well No. 2 has no stand-by power facility. During a recent failure of the well casing of Water Well No. 1, the community was without water for several hours due to the lack of standby facilities at Water Well No. 2. Upon the recommendation of the Public Works Director, as Engineer ex officio, IT IS BY THE BOARD ORDERED that a Consulting Services Agreement with DeW ante and Stowell , Inc. , 1910 S Street, Sacramento, with a Payment Limit of $14,500.00 for preparation of plans and specifications for a standby engine and for engineering services during construction for Water Well No. 2, is APPROVED and the Public Works Director is AUTHORIZED to sign said Agreement. I hereby certify the ttv12 Is a tnM and con»et copy of an action taken and entered on the minutes of the Board of Supervisp9D on the date shim. ATTESTED: WaAdx LCI g-3 J.R. OLSSON, COUNTY CLERK and ex c!o Clerk of the Board BY. Deputy Orig. Dept. Public Works-EC cc: Administrator Public Works Director-EC Accounting DeWante and Stowell , via EC Auditor-Controller dap:BOWWno.2.t3 t 081 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1983 Adopted this Order on March 15, , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , 'Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Completion of Improvements Required Under Amendment No, 2 to A9eementfor WaterFacilities, Fact es, Subdivision 4687, Discovery Bay Area. On July 3, 1979, the Board of Supervisors, as ex officio Governing Board of Contra Costa County Sanitation District No. 19 (CSD No. 19) , approved Amendment No. 2 to the Agreement for Water Service facilities for Subdivision 4687, dated May 23, 1978, which requires the developer to install water treatment facilities needed to make the water from Water Well No. 2, Discovery Bay, conform to the drinking water standards of the Department of Public Health of the State of California. On October 6, 1982, the Department of Public Health of the State of California issued a permit for the use of said water well without a requirement to construct water treatment facilities. THEREFORE, IT IS BY THE BOARD ORDERED, as the ex officio Governing Board of CSD No. 19, that as of October 6, 1982, the improvements required to comply with Amendment No. 2 of the Agreement for Water Service Facilities for Subdivision 4687 are ACCEPTED as complete. I hereby certify thet this is a true and eorreeteopy of an action taken and entered on the minutes of the Board of Supervise on the data shown. ATTESTED: - .,k is; 19 sta J.R. OLSSON, COUNTY CLERK and ex ficio Cierk of the Board Orig. Dept. Public Works-EC By , Q•puty cc: Public Works Director Accounting Hofmann Company P. 0. Box 907 Concord, CA 94520 Fireman' s Fund Insurance (Bd. No, SC 6327481) 391 Taylor Blvd. Pleasant Hill , CA 94523 DAP:BOdisbay.t3 082 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Request for Special District Augmentations for Wildcat-San Pablo Creek Improvements, North Richmond Area. 7505-6F8186 The Public Works Director having submitted a report outlining two courses of action for alleviating the flooding problem on Wildcat and San Pablo Creeks and having recommended that $150,000 in special district augmentation funds be allocated to construct interim improvements this summer or to fund preparation of project plans and specifications under the Federal 1983 Jobs Program. IT IS BY THE BOARD ORDERED, as the Board of Supervisors of Contra Costa County and as the governing body of Contra Costa County Flood Control and Water Conservation District, that said request for special district augmentation funds is REFERRED to the Finance Committee. I hereby certify that this is a true and correct copy of an a:tton taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED., Maul 19 t q33 J.R. OLSSON, Ct3t9WMCLERK and ex off to Clerk of the Board Orig.Dept.: Public Works Department, Flood Control Planning cc: County Administrator Public Works Director Flood Control Planning Accounting County Counsel FC.WCSPB03.15.T3 083 /' '7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Approval of Extension of Subdivision Agreement, Subdivision MS 128-77, Walnut Creek Area. The Public Works Director having recommended that he be authorized to execute an agreement extending the Subdivision Agreement between Marlin R. and Margaret V . Head and the County for construction of certain improvements in Subdivision MS 128-77, Walnut Creek area, through February 24, 1984; IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. hereby certify that this Is n trje and correct copy of an action taken and entomel on the minutes of the Board of SupervtrorsPA-4 the date shown. ATTESTED.J.R. OLSSON, COUNTY CLERK and enc officio Clerk Of the 80ard By _ _` ` � , Deputy Orig. Dept.: Public Works (LD) cc: Director of Planning Public Works - Des./Const. Marlin R. b Margaret V. Head 888 Trails End Walnut Creek, CA 94596 . . 084 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fander. , maeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Approving Amendment to Agreement With Control Energy Corporation for the Contra Costa County Time-of-Use Program On November 16, 1982 the Board of Supervisors authorized the Public Works Director to enter into a Consulting Services Agreement with Control Energy Corporation to provide various services related to the Contra Costa County Time- of-Use Program for a sum of $28,650 to expire on March 31, 1983. Since that time, the Public Utilities Commission has expanded the number of Time-of-Use meters available within the County and scheduled review of the program in its 1983 PGandE rate case. This necessitates a revision of the contract with Control Energy Corporation and extension of time limit. Funds for this amended agreement are provided for in the grant from the John A. Hartford Foundation of New York and do not come from County sources. The Public Works Director recommends that the agreement with Control Energy Corporation be extended to October 1, 1983 and augmented with $15,560 for a total sum not to exceed $44,210 and recommends that he be authorized to execute the amended agreement on behalf of the County of Costa County. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of ar, aetion Wcon and entered on the minutes of the Board of Supervisorsqn the date Shown. �.. � �►�, is Iq 83 ATTESTED. J.R. OLSSON, COUNTY CLERK and ex iclo Clerk of tho Board By Deputy Orig. Dept: Public Works cc: 0 8S THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Authorizing Execution of a Lease Commencing March 1, 1983 with Patricia A. and Carl B. Casey and Bearl and Wi l to D. Casey for the premises at 791 Walnut Boulevard, Brentwood, CA The Board of Supervisors as the Governing Body of the Brentwood Fire Protection District ORDERS that the Chairman of the Board of Supervisors is AUTHORIZED to execute on behalf of the DISTRICT a Memorandum of Lease and a Lease commencing March 1, 1983 with Patricia A. and Carl B. Casey and Bear 1 and Wi llo D. Casey for the premises at 791 Walnut Boulevard, Brentwood, California, for occupancy by the Brentwood Fire Protection District under the terms and conditions as more particularly set forth in said Lease and Memorandum. I hahby Ctrft""tw a uu*and cotraciao05 of an acton u"n and •ntmd on tM MLWW of Oa 8card of Supicvisaq on!ho dW sh"M ATrES T"cl'r. J.R. OLSSON. COUIM CMg em ss ado Cork o3 tht Nowd ByY Orig. Dep'.' Pub l i c Work s (RP) Cc_ County Administrator County Auditor-Controller (via R/P) Public Works Accountin® (via RIP) Buildings and Grounds ?via RIP) Lessor (via RIP) Brentwood Fire Protection District (via RIP) 086 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: -Exercising an Option to Extend a Lease Dated May 17, 1978, with Earl and Joanne Dunivan for the Premises at 610 Marina Vista, Martinez. IT IS BY THE BOARD ORDERED that the County hereby EXERCISES its option to extend the Lease dated May 17, 1978, with Earl and Joanne Ounivan for the premises at 610 Marina Vista, Martinez, under the terms and conditions as more particularly set forth in said Lease. hereby testitt►that h �� Of an action wtmr, and antcxOci an tho minutes _ Board of supervi: ��°�- 4�3 ATTESTED: J.R. OLSSON, COUNTY CLERK M 111140 Cleric of the Board 13Y ( � .v pU► Public Works Department-L/M Orig. Dept.: Public Works Accounting (via L/M) Or OrBuildings and Grounds (via L/M) County Administrator County Auditor-Controller (via L/M) Lessor (via L/M) Clerk-Recorder (via L/M) 087 q7 To: Board of Supervisors Contra Costa From: M. G. Wi ngett, County Administrator County Date: March 11 , 1983 Subject: Remodeling former Los Medanos Hospital Specific Request(s) or Recommendation(s) : Approve and authorize Health Services Director, or his designee, to execute on behalf of the County revised Progress Report on Capital Project for Remodeling of former Los Medanos Community Hospital to reduce scope of project and revise project schedule in order to remain within available funding. Background and Justification: Phase II of the remodeling for the former Los Medanos Hospital facility was put out to bid in October 1982, based on a revised architect' s cost estimate of $724,000. Five bids were received. The lowest base bid, without any of the eight alternates , was $1 ,100,000. This was 51 .9% over our available budget. With the needed alternates costed in, the lowest bid was $1 ,373,850, 103 over our available funds. The Health Services Department has been advised by the State that there is no additional money available to complete the project as drawn, nor could land acquisition be deferred in order to use that $530,000 to cover the bid overrun . The architects were then directed to modify the plan and reduce the scope to come within the available AB 3245 funds. This they have now done. Since the purchase and remodeling are being financed in part by State funds, it is necessary to submit a revised plan and obtain State approval of it. Continued on Attachment: Yes X No Signature: &&4et X Recommendation of County Administrator Recommendation of Board Committee X Approve Other Comments: Siqnature (s) : Board of Setper i ors Action: ppro ed as Recommencled Other 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of n. a Board of Supe :a on the date zttown. ATTESTED: 15- /? ,g unanimous (Absent 1,�_) J.R. OLSSON, COUNTY CLERK Aye!;-. and ex officio Clerk of the Board Noes- in : Orig; County Administrator cc: Office of State Health P1 anni ng-I Development By t' DW."y (via Health Services) Pat Fi 1 i ce, Health Svcs. Public Works Director BOARD OF SUPERV* `ORS M. G. Wingett, County Administrator Contra DATE : March 15, 1983 Costa SUBJECT: Health Services Facility License Coxty SPEC IrIC REQUEST(S ) OR RrCO04MENDATION(S ) a BAcKCwtOUND AND JUSTIFICATION RECOMMENDATION: Authorize Dr. A. S. Leff to execute on behalf of the Board an application for a Facility License. BACKGROUND/JUSTIFICATION: The County Administrator recommended that Dr. Leff be authorized to execute an application for Facility License to the State Department of Health Services, Licensing and Certification Division. This action will include the new Concord Clinic under this County' s licensure. CC>NTINLIED ON ATTACM�NT: — YXS SIGNATURE RCCO&O-a:NDATION or COUNTY ADMINISTRATOR RECOMMENDATION Or DOARD COP4AITTr.0 XAPPROVE 0T1--WR S 1 GNATUR C IS 1: 9X-1 APMOVED AS RCCOM�ACNDCD CITWER ACTION CC BOARD ON: —4— VOTE CW 8kJPE3wV I 91ORS "EREBY CCRTIF'Y THAT THIS IS A TRUC Lr"NIMOVS (AJN3EtTT AND Ccomccr cor-y or AN ACTION TAKEN AYES: FACE S AND XYZ RCD ON T1.0 SAINLITE S or TI.X BOARD A&SC7,4T: or suw"v I SCR r"M 0 TIC SF-�. AIILSTAIN CIC : County Administrator ATTESTED Health Services Director - J-P- 04-s-w)N. couNTY CLERK AND Attn: Lew Pascalli WX OrrICIO MICW Cr 'MW BOARD my Dcpvry 089 i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 1983 Adopted this Order on March 15 , , by the following vote: AYES: Sunervisors Pov ers , Fanden , McPeak , Torlakson , Schroder . NOES: None . ABSENT: None . ABSTAIN: None . I SUBJECT: Approval of Contract Extension Agreement #26-124-2 with Food Dimensions, Inc. The Board having considered the recommendations of the Director, Health Services Department, regarding approval of Contract Extension Agreement #26-124-2 with Food Dimensions, Inc. for food management and consultation services for County Hospital's food service, IT IS BY THE BOARD ORDERED that said contract extension agreement is hereby APPROVED and the Chairman is AUTHORIZED to execute the agreement as follows: Number: 26-124-2 Department: Health Services - Medical Care Division Contractor: Food Dimensions, Inc. Term: Extended from March 31, 1983 through May 31, 1983 Payment Limit Increase: $10,400 to a new total payment limit of $26,000 f hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supery re on the date shown. ATTESTED: G J.R. OLSSON, COUNTY CLERK and a officio Clerk of the Board By , Deputy i Orig. Dept.: Health Services Dept./CGU CC: County Administrator Auditor-Controller Contractor EAS:to 080 47 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on 'arch 15 , 1983 , by the following vote: AYES: Supervisors Pox.7er s , Fanden , McPeak , Torlak.son , Schroder . NOES: Done . ABSENT: None . ABSTAIN: None SUBJECT: Approval of Contract Amendment with Rubicon Programs, Inc. The Board having considered the recommendations of the Director, Health Services Department , regarding approval of Contract Amendment Agreement #24-728-27 with Rubicon Programs, Inc. to continue service through April 30, 1983, IT IS BY THE BOARD ORDERED that said contract amendment agreement is hereby APPROVED and the Chairman is AUTHORIZED to execute the agreement as follows: Number : 24-728-27 Contractor : RUBICON PROGRAMS, INC. Term: Extended from March 31 , 1983. through April 30, 1983 Pavment Limit Increase: $38,538 to a nes: total of $385.381 t herbycerWythat this is a true and colrectcopy of an action taken and entered on the minutes of the Board of Supery - non tho dato shown. ATTESTED: `� J.R. OLSSO.N, COUNTY CLERK and ex officio Clerk of tho Board Ely D" Orig. Dept.: Health Services Dept. /CGU Cc: County Administrator Auditor-Controller Contractor SH: ta 091 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 'March 15 , 1983 b the following vote: Adopted this Order on y g AYES: Supervisors Pov er s , Fanden , McPeak , Torlakson , Schroder . NOES: ABSENT: ABSTAIN: SUBJECT: Approval of Contract Amendment Agreement #26-123-1 with Marlene G. Posner The Board having considered the recommendations of the Director, Health Services Department, regarding approval of Contract Amendment Agreement #26-123-1 with Marlene G. Posner, IT IS BY THE BOARD ORDERED that said contract amendment agreement is hereby APPROVED and the Chairman is AUTHORIZED to execute the agreement as follows: Number: 26-123-1 Department: Health Services - Medical Care Division Contractor: Marlene G. Posner Effective Date of Contract Amendment Agreement: March 16, 1983 Payment Limit Increase: $8,050 to a new total of $23,800 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supery s on the date shown. ATTESTED: J.R. OLSSON, COUNTY CLERIC and ex officio Clerk of the Board gy , Deputy Orig. Dept.: Health Services Dept./CGU CC: County Administrator Auditor-Controller Contractor EAS:ta 092 Al THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on �Ia*'ch 15 , 19$3 . by Ow following vote: AYES: Fur ervi snrs Pc-era. Fahcler. , ! cPea Torlakson , Schroder . NOES: ABSENT: ASSTAIN� SUBJECT: Approval of Contract Amanduant 029-206-8 with Brookside Hospital 'board on June 1.9, 1982, having authorised execution of Contract #24-206-7 with: Brookside hospital for continuation of the County's provision of Public Health social vork and nursing services for patients discharged from Brookside Hospital , any 'fhe Board hawing considered the recommendations of the Director, Health Services Departssernc , regarding approval of Contract Amendment /29-206-8 to increase services provided and p yaent to the County, IT IS BY THE BOARD ORDERED that said contract aasenduent, is hereby APPROVED and that the Board Chairaan is AUMORIZED to execute said assendaetat as follows: Number: 29-21106-8 Contractor: Brookside Hospital Effective Date of Amendseat : March 1 , 1983 (no change in original contract term: 7/1!82 - 6/30/83) Pa,vuent Lissit Increase: $8,044 (from $58,305 to a nev total amount of $66,349) 1 a.roby oomy that thus is a b v*ss+d eonVd e:opiy of an action taken e.-A entsrsd on UK crftlbs 01 the Board at Ss+72ort on 11w data show-1. ATTESTED: J.R. OLSSON, COUNTY CLERK and ex officlo Clark of tht 801krd By •�P+ ► Orig. Dept.: Health Services Dept./CGU cc: County Administrator Auditor-Controller Brookside Hospital t� DG:to tl THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on 'March 15 , 1983 , by the following vote: AYES: Surervi sers Poijers . Fander_ , *icPeak , Torlaksor. , Schroder . NOES: ABSENT: ABSTAIN: SUBJECT: Approval of Novation Contract 124-297-2 with California Health Associates , Inc. The Board on October 19, 1982, having authorized an Interim Contract with California Health Associates, Inc. for Methadone program services, and the Board on January 18, 1983, having authorized a two-month extension of said contract, and The Board hng considered the recommendations of the Director, Health Services Department, re arding approval of Novation Contract #24-297-2 with California Health Assoc ates, Inc. to replace said interim contract and extension, IT IS BY THE BOARD ORDE D that said contract is hereby APPROVED and the Chairman is AUTHORIZED to execute the contract as follows: Number: 24-297-2 Department: Health Services - Alcohol/Drug Abuse/Mental Health Division Contractor: California Health Associates, Inc. Term: October 19, 1982 through June 30, 1983 Payment Limit: $290,374 Service: Methadone Program Services !hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Hoard of Super yWors on the date shovin. ATTESTED: - J.R. OLSSON, COUNTY CLERK and ex offlclo Clerk of the Board 10 gly ' D Orig. Dept.: Health Services. Dept./CGU cc: County Administrator Auditor-Controller Contractor DG:ta 094 TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 15 , 1983 Adopted this Order on , by the following vote: AYES: Supervisors Powers , Fander_, McPeak , Torlakson, Schroder . NOES: None . ABSENT: None . ABSTAIN: i:one . SUBJECT: Approval of Contract Amendment #29-203-20 with the State Department of Health Services The Board on September 28, 1982 having authorized execution of Contract #29-203-19 with the State Department of Health Services for continuation of the Contra Costa County Women/Infants and Children (WIC) Program operated by the Public Health Division of the County's Health Services Department, and The Board having considered the recommendation of the Director, Health Services Department, regarding approval of Contract Amendment #29-203-20 to revise the program budget, IT IS BY THE BOARD ORDERED that said contract amendment is APPROVED and that the Board Chairman is AUTHORIZED to execute said amendment for submission to the State as follows: Number: 29-203-20 (State #82-79736-A1) State Agency: Department of Health Services Effective Date of Amendment: December 1, 1982 (no change in original contract term: 10/1/82 - 9/30/83) Total Payment Increase/Decrease: No change in $272,220 payment limit I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supe ors on the date shown. ATTESTED: �z/M J.R. OLSSON, COUNTY CLERK and ea officio Clerk of the Board 8y . Deputy Orig. Dept.: Health Services Dept./CGU cc: County Administrator Auditor-Controller State of California Dept. of Health Services DG:ta 095 , THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 193 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson , Schroder . NOES: ABSENT: ABSTAIN: SUBJECT: Approval of Memorandum of Understanding with Alameda County (Health Care Services Agency) The Board having considered the recommendations of the Director, Health Services Department, regarding approval of the Memorandum of Understanding #29-436 with Alameda County Mental Health Services for a .5 FTE Case Manager for the La Cheim Regional Program, IT IS BY THE BOARD ORDERED that said contract is hereby APPROVED and Jonna Stratton, Acting Health Services Director - Mental Health Division, is AUTHORIZED to execute the agreement as follows: Number: 29-436 Agency Requiring Service: Alameda County (Health Care Services Agency) Term: July 1, 1982 through June 30, 1983 Reimbursement Limit: $129500 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supernipirm on the date shown. ATTESTED: J.R. OLSSON, COUNTY CLERGY and ex officio Clerk of the Board C 2 13Y , Deputy Orig. Dept.: Health Services Dept./CGU cc: County Administrator Auditor-Controller Contractor EAS: to ; 096 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA March 15 , 1983 'Adopted this Order on --- 0 by the following vote: AYES: Supervisors Powers , Fanden , McPeak, Torlakson, Schroder . NOES: None . ABSENT: None . SUBJECT: Designation of Professional Advisors Relative to a 1983 Single Family Mortgage Revenue Bond Program WHEREAS, the Board of Supervisors has expressed its intent to issue 1983 Mortgage Revenue Bonds; and WHEREAS, said effort requires the retention of various professional advisors to assist in bringing the revenue bond issue to market; and WHEREAS, the Director of Planning has recommended the following pro- fessional advisors: Dean Witter Reynolds - Senior Managing Underwriter E.F. Hutton - Co-managing Underwriter Orrick, Herrington and Sutcliffe - Bond Counsel The Land Economics Group - Feasibility Analyst THEREFORE, IT IS BY THE BOARD ORDERED that the recommendation of the Director of Planning is approved, and that the Chairman is authorized to execute contracts with said firms. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supe:w' Q on the date, shown. ---s 6' *2 A -#* / "I ATTESTED: ZZ /-47.4 /l 6 J.R. 01._5,_20F4, COU14TY CLERK and ex officio Clerk of the Board By Deputy Orig. Dept.: Planning Department cc: County Administrator County Counsel City of Concord City of Walnut Creek Dean Witter Reynolds 097 E.F. Hutton Orrick, Herrington & Sutcliffe The Land Economics Group THE BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 1 by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder. NOES: None. ABSENT: None. ABSTAIN: None. SUBJECT: Authorizinq Acceptance of Instruments. IT IS BY THE BOARD ORDERED that the following instruments are hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA Offer of Dedication MS 79-82 ` Alan M. Brasesco & Crockett for Drainage Purposes Alex Tommerup Offer of Dedication LUP 2027-81Sam Trettenero, E1 Sobrante for Drainage Purposes et ux h `Tx's�;r ::r-`Fh•*'��`::':t, atnteand correctcoPys�of .. •r.:�i:Z a�i!. :Z .. t t�!,26 on the fr::i'lutes Of thO -31 data zhown. MAR 15 1983 +� v1[;f'viL/ vi.^,.r►= C: the Board y Deputy Diana K1. �rrm' r# Orig. Dept.: Public Works (LD) cc: Recorder (via LD) then PW Records Director of Planning 098 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder. NOES: None. ABSENT: None. ABSTAIN: None. SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Offer of Dedication- LUP 2027-81- Gary A. Grenoble, E1 Sobrante Sidewalk Easement et ux I 1; fvby r,--rtffr thefts fs a ft==dc0rm!00 M an f tken r.ad entered an the :&u#gs Of t" o4 sopC'r isors on the date shown. AT.t - MAR 151983 CY .IvCS ) CLERK and a officio Clerk o; the Board �y Dtptdy Cana Orig. Uept.: Puh l i c Works (LD) cc: eCorder if via LD) then Mai Records Director Cir Planning 099 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT'', CALIFORNIA Adopted this ordet on !arch 1 1 qP R , by the fallowing vote: AYES: i:r.er �isors Powers , Fanden , McI'e�a� , Torlakson and Schroder NOES.- ASSENT. OES:ASSENT: ABSTAIN., SUBJECT: Comoletion of Warranty Period and Release of Cash Deposit for Faithful Performance, Subdivision MS 46-77, Danville Area. On August 5, 1980, this Board resolved that the improvements in Subdivision MS 46-77 were completed as provided in the Subdivision Agreement with Oartuno Investments and now on the recommendation of the Public Works Director, The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for one year after completion and accept- ance; and IT IS BY THE BOARD ORDERED that the Public Works Director is AU11MM to refund the $1. ,000 cash deposit (Auditor ' s Deposit Permit No. 18498, dated April 4, 1979) to Gartung Investments, pursuant to Ordinance Code Section 94-4.406 and the Subdivision Agreement. I hereby certify that this is a trtsfr and com ct copy of an action taken and entered on the nilnutes of the Board of Supervisors n the date shown. ATTESTS©. _ 15; 1903 J.R. OLSSON, COUNTY CLERK and ex goloo Clark of the Board By �-�y . D+" Orig. Dept.: Publ is Works (LD) cc: Public Works - Account. - Des./Const. Director of Planning Gartung Investments 356 North Hartz Avenue 100 Danville, CA 94526 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , AIcPeal , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Completion of Warranty Period and Release of Cash Deposit and Letter of Credit under the Road Improvement Agreement for DP 3006-78, Walnut Creek Area. APNr 184-311-025. On September 30, 1980, this Board resolved that the improvements for DP 3006-78 were completed as provided in the Road Improvement Agreement with Larry N. Jennings, and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for one year after completion and accept- ance; and IT IS BY THE BOARD ORDERED that the Public :forks Director is AUMMIZFD to refund the $1,000 cash deposit (Auditor ' s Deposit Permit No. 24070, dated October 15, 1979) to Larry N. Jennings, pursuant to the Road Improvement Agreement and Ordinance Code Section 94-4 .406, and to release the letters of credit (No. 1010-791 & 1010-792 from Security National Bank) , deposited as security, to Larry N. Jennings. I hereby certify that this ism true and correctCOPY of an action taken and entered on the minutes of the 9owd of Supervise on U*data shown- ATTESTED: d1_ g J.R. OLSSON, COUNTY CLERK and ex to Clerk of the Board C� D*Wty B Orig. Dept.: Publ is Works (LD) cc: Public Works - Account. - Des./Const. Director of Planning Larry N. Jennings 1620 Tice Valley Blvd. Walnut Creek, CA 94 595 Security National Bank 101 Letters of Credit 1010-791 & 1010-792 1500 Newell Avenue Walnut Creek, CA 94596 Az_ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Authorizing the Issuance of a Warrant to U.S. Army Corps of Engineers for the local share of the Lower Pine Creek Project Phases IIB and III, Flood Control Zone 3B, Project No. 7520-688684. The Public Works Director has recommended the payment of $250,000 as the payment of the local share due the Corps of Engineers for construction during the April 1 - June 30, 1980 period, on the Lower Pine Creek Project, Phases IIB and III. IT IS BY THE BOARD ORDERED, as the governing body of the Contra Costa Flood Control and Water Conservation District , that the recommendation of the Public Works Director is APPROVED and the County Auditor-Controller is AUTHORIZED to issue a warrant in the amount of $250,000 payable to the Treasurer of the United States. I hereby cernly tha}this is a true ana coweet copy 01 zn action taken and entered on the minutes of the Board c'Superrtscrs- on ffthe date shown. AiiLSTED: J.R. CL.SSON, COUNTY CLERK and ex o clo Clerk of the Board By , Deputy Orig.Dept.: Public Works Department, Flood Control Planning cc: Public Works Director Flood Control Accounting Auditor-Controller (Call Roger Gilchrist ext. 2111 for instructions on warrant preparation) FC.BOPROJ8684.3.15.T3 • 102 07 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Buchanan Field Airport Corporate Bid Acceptance The Public Works Director having advised that: On January 11, 1983 the Board authorized the Public Works Department to advertise for bids for corporate hangar development on the west side of Buchanan Field Airport. On March 3, 1983 bids were opened and publicly read in the Terminal Building at Buchanan Airport. The Screening Committee as identified in the "Airport Policy and Standards for Development" convened on March 4, 1983 to evaluate the bid documents. The Screening Committee is recommending that the bid submitted by Buchanan Corporate Properties, 3470 14t. Diablo Boulevard, Suite 200, Lafayette, California 94549 for Site #3 in the amount of $.45 per square foot per year be accepted by the County subject to final review of the bidding documents by County Counsel , Contra Costa County. The Public Works Director RECOMMENDS approval of recommendation by the Screening Committee to accept bid submitted by Buchanan Corporate Properties. IT IS BY THE BOARD ORDERED that the recommendation of the PUBLIC WORKS DIRECTOR is APPROVED. I hereby certify that thla is a tree and correct copy al an action taken and entered on the enlnutes of the Board of Suporvlsora gn the date shown. Eii�L:oED:J.R. OL SON, COUNTY CLERK and ex ofticio Clerk of the Board By l , Deputy Orig.Dept. : Public Works/Airport bo.corp.bid.accept.t3 cc: County Administrator County Counsel Public Works Director Lease Management Aviation Advisory Committee (via Airport) Airport Land Use Commission (via Airport) Buchanan Corporate Properties 3470 Mt. Diablo Boulevard, Suite 200 Lafayette, California 94549 (via Airport) � : 103 ..... ....._1_... .. .--. �'-.+ka. +y, p•iris~a. `�":�-"»'- rr+rwrar. ...Yn.... THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 19832, by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder. NOES: None. ABSENT: None. ABSTAIN: None. SUBJECT: Speed Limits on } TRAFFIC RESOLUTION NO. 2864 - SPD FOSTORIA WAY, ) (Rd. # 4917C) , ) Supv. Dist. III San Ramon. ) The Contra Costa County Board of Supervisors RESOLVES THAT: On the basis of an engineering and traffic survey and recommendations thereon by the County Public Works Department 's Traffic Engineering Division and pursuant to County Ordinance Code Chapter 46-2 (Sec . 46-2.002 f . ) , this Board hereby determines that the present speed limit(s) established on the below-described road , a street within the criteria of Vehicle Code Section 22358 is(are) more than reasonable and safe, and hereby determines and declares that the following speed limit(s) is (are) most appropriate, reasonable, and safe prima facie speed limit(s) there: Pursuant to Section 22358 of the California Vehicle Code, no vehicle shall travel in excess of 35 miles per hour on that portion of FOSTORIA WAY (Rd. # 4917C) , San Ramon, beginning at a point 700 feet west of the intersection of Hi 1 scher Way and extending easterly to the Danville City Limits, a distance of approximately 2,500 feet. 1 hemby certtfl owt this!s a trust and correct copy Of an a.-Ion tzkon and entered on the :ninufts Of th* BOWe o'. superAs= on uhe date shown. A 7-ISTED: }BAR 151983 J.R. oLssoNi COUNtTY CLERK and ex ott'sclo Clerk of the Board ' y Deputy r)kpr ki Hnrrrpn to.res .fostoria.t03 Orig. Dept. : Public Works Traffic Operations cc: Sheriff California Highway Patrol � . 104 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Marrh 15- 19R A , by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Progress Report on New Landfill Site Search K i The Solid Waste Commission having advised that: The County Solid Waste Management Plan states that the private sector solid wastes interests are to provide a report in January 1983, concerning their progress on finding a new landfill to serve the long-term disposal needs of the County. The Solid Waste Commission has reviewed letters from the three landfill operators in the County which state their intentions and activities for locating a new sanitary landfill . The letters show that the operators in the Central and East County are actively searching for replacement sites. The West County Landfill has an expected life to approximately the year 2000 and the Cnmmission feels there is no need to look at an alternative site for the West County Landfill at this time. Although the letters from the Central and East County Landfill Operators do not divulge specific locations of the candidate sites, the Commission feels that to publicly disclose the sites under consideration will complicate efforts to acquire the properties. The Central and East County cities and Sanitary Districts are attempting to form a Joint Exercise of Powers Authority (JEPA) to oversee solid waste management in the Central and East County. If this JEPA is formed, two of the early tasks will be to review the long-term landfill needs of the Central and East County and to investigate the possibility of developing a Waste-to-Energy Project. The following recommendation assumes that Acme Fill is able to expand its operations to the full 200-acre adjacent property. If the full 200 acres is not allowed, the landfill site search must be greatly accelerated. The Solid Waste Commission recommends that the Board of Supervisors: 1. Determine that the letters received from the landfill operators are "sufficient progress" to meet the requirements of the Solid Waste Management Plan concerning the January 1983 progress report on a new landfill site search. 2 . Direct that the private sector solid waste interests provide another progress report to the Board of Supervisors by January 1984. 3 . Delegate the responsibility of monitoring the progress of the new landfill site search, acquisition and development to the Joint Exercise of Powers Authority, if formed. A letter dated March 14, 1983, having been received from Paul -D. Brotzman, City Manager of Martinez, requesting that the asoard defer action on the aforesaid recommendations for one week in order that the city might review this matter with other cities in the county; IT IS BY THE BOARD ORDERED that the request of the City of Martinez is APPROVED and action on the recommendations of the Solid Waste Commission is DEFERRED to March 22, 1983 • c . c . Public Works Director—EC therabycertlfythstthlsisetr.������-,r. tcopya Acme Fill, via EC an action taken and enter. of the Richmond Sanitary Svice, via EC Board of Supervisors e; GBF Company, via EC ATTESTED: arc 3 Solid Waste Commission, via EC -•- County Administrator �•�• CE.�� `:, Cuc;Sy�;° CLERK and oz ot::cio Cleric of the Board 10D By tr r Dep THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Order on March 15- 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Tenant Eviction 590 Beatrice Road Pleasant Hill , California W.O. 8377-7520 The Board of Supervisors , as Governing Body of the Contra Costa County Flood Control and Water Conservation District, AUTHORIZES County Counsel to fi le an Unlawful Detainer Action to evict Frank and Christine Hunt from District- owned property at 5.00 Beatrice Road , pleasant dill . I lw *tjewwr"st a"Is a bug and Cm of an act+ "an and onw" on Wo mW-1*0 of that $04rd os ivpem an Qm 409 shown. STT€.STM. _... A'AN'C,d, ee ���e�� w y j.QR'L. OLSS N. COUNTY C�RK ane! !i 0Md* CWt 41 V a awd By Dept" Orig. Dept.: Public Works Department-L IM cc: victor Castro, County Counsel ' s Office 106 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: County Housing Assistance Plan (HAP) The Board having received a February 25 , 1983 letter from Ricardo E . Rivas , Program Manager , U. S . Department of Housing and Urban Development, advising that a review of the Housing Assistance Plan (HAP) submitted by the County on January 27 , 1983 indicates a number of revisions must be made prior to approval and urging that the HAP be resubmitted with the required changes as soon as possible so that the Final Statement for the Community Development Block Grant Program can be submitted and processed; IT IS BY THE BOARD ORDERED that the aforesaid letter is REFERRED to the Director of Planning for response. I hereby cert/ty Mat thla Is a trw andcomectegq►ol an action takan and entered on the m/nutaa of the Bond o/suporvh0 a on the die show ATTESTED: J.R. OLSSON, COUNTY CLERK .and ex officio Clerk of the Board B01 , Deputy Orig. Dept.: Clerk of the Board cc: Director of Planning County Administrator 107 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Street Light on Ayers Road , Concord The Board having received a January 31 , 1983 petition from Dorothy J . Flanders , 1997 Ayers Road , Concord , California 94521 requesting that the County take over the agreement for a street light on Ayers Road, Concord ; IT IS BY THE BOARD ORDERED that the request is REFERRED to Public Works Director for response . 1 hereby certify that this is a true and correctaopy of an action taken and entered on the minutes of the Board of supervisors an the date shown. ATTESTED: M a" J.R. OLSSON9 COUNTY CLERK and ex o o Clerk of the Board By Orig. Dept.: Clerk of the Board Cc: Public Works Director County Administrator_ /gt 108 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: _Request for "No Parking" on both sides of Las Juntas Way , Walnut Creek The Board having received a petition signed by resident of Las Juntas Way and Elena Drive , Walnut Creek requesting that "no parking" signs be placed on both sides of Las Juntas Way, in the vicinity of the Pleasant Hill BART station; IT IS BY THE BOARD ORDERED that this request is REFERRED to the Public Works Director . I hereby certify that this Is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. g3 ATTESTED: M 04 LA 'S �9 J.R. OLSSON, COUNTY CLERK and ex fficlo Clerk of the Board i By - aPUY Ali Orig. Dept.: Clerk of the Board cc: Public Works Director County Counsel County Administrator' /gt 109 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak , Torlakson , Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Purchase of Supplies for the Bradford Island Ferry Supervisor T. Torlakson having advised the Board that an inquiry has been made by E . Prince , operator of the Bradford Island Ferry , regarding the possibility of staff of the Delta Ferry having authorization to purchase equipment and supplies through the County ' s Purchasing Agent ; IT IS BY THE BOARD ORDERED that said inquiry is REFERRED to the Public Works Director and the Delta Ferry Authority . lhetfbycertify that thisls a true and correct copyof On action taken and enterrid 0:7 the minutes of the Board of Super vi_c:-.: _ . wf-t ;;ate shown. ATTESTED: J.R. C:_: :T:, rr rRK ! L L and ex Ld i a Board By '�'�`.� , Deputy Orig. Dept.: Clerk cc: public Works Director Delta Ferry Authority County Administrator 110 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors .Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Child Abuse Prevention Contracting Process The Board having received a March 2 , 1983 letter from James H. Gomez , Deputy Director , Administration , State Department of Social Services , providing clarification with respect to conflict of interest under the AB 1733 (Chapter 1398 , Statutes of 1982) child abuse prevention contracting process ; IT IS BY THE BOARD ORDERED that the aforesaid letter is REFERRED to the County Administrator . I h nyy certitY that thk is a trwand oamwt cVyel an action taken and ontarnd on the minutes of the Board of Supervitorfpa the data shown. ATTESTED: ZP-% J.R. OLSSON, COUNTY CLERK .and ex officio Clerk of rho Board Orig. Dept.: Clerk of the Board cc: County Welfare Director County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Making Job Training Partnership Act Responsive to Needs of Rural Populace in California The Board having received a March 1, 1983 letter from Kathy Morris , Chairperson, California Balance-of-State Private Industry Council, transmitting position paper entitled "Making the Job Training Partnership Act Responsive to the Needs of the Rural Populace in California" , and urging that the Council ' s recommenda- tions be taken into account in the decision-making process with respect to the JTPA; IT IS BY THE BOARD ORDERED that the aforesaid matter is REFERRED to the Director , Department of Manpower Programs . I hemby certify that this is a true and correct copyof an action taken and entered on the minutes of Me Board of Supervisors on the date shown. ATTESTED: �, 9093 Jr J.R. OLSSON, COUNTY CLERK _and ex officio Clerk of the Board Deputy Orig. Dept.: Clerk of the Board cc: California Balance-of-State Private Industry Council Director , Department of Manpower Programs County Administrator 112 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March ' 19 3 . by the following vete: AYE& supervi scrs Powers , Panden, Pic weak , TorI akson, Schroder NOES'. Hone ABSENT: Hone ABSTAIN: Mone SUBJECT; 'Manning o!" Fire Compan.es The Board having received a March 1 , 1983 letter from Ben Wright , President , United Professional Fire Fighters of Contra Costa County , I .A .F.F . , Local 2230 , 2030 Park Street , Suite B. Concord , CA 94520 , commenting on staffing reouirement- relative to providing the basic level of fire service, and having exDressed concern that certain fire companies in the County including the Fire Station recently approved by the Board for the City of Hercules may not be adequately manned to meet the fire protection Foals set by the Board ; TT IS BY 77HE BOARD ORDERED that receipt of the aforesaid ccs , + unication is ACKNOWLEDGED and that same is REFERRED to the Contra Costa County Fire Chief' s Association for comment. f hat*W osf#tfy that this to a bras and eanCteopy of an ocu= isimn and•ntwed cm tta N*wtas of#4 Board of a::perIe=m on tha d.-As shown. J.R. OLSSON, ^".0Uu*`TY CLERK and ex of iclo C101U Of tis. 1308fd By VOW" Orig. Dept.: Clerk of the Board cc: Fire Chief' s Assn. Chief Maxfield c/o CCC FPD Local 1230 County Administrator 113 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, and Schroder. NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Response from U. S. Department of Housing and Urban Development to Proposed Willowbrook Pilot Housing/ Work Demonstration Project, West Pittsburg area. The Board having received a March 2 , 1983 , letter from Henry Dishroom, Area Manager, U. S . Department of Housing and Urban Development (HUD) , in response to Board Resolution No. 83/137 supporting the Willowbrook Pilot Housing/Work Demonstration Project; and Mr. Dishroom having explained that present Federal law and regulations do not provide local agencies discretion to require individuals receiving Federal Section 8 rental assistance to render public or community service work in return for that assistance, and that the primary requirements for determining eligibility and selection of persons for rental assistance are income and family composition; therefore, HUD is unable to concur in the County' s recommendation with respect to the aforesaid Project; IT IS BY THE BOARD ORDERED that the aforesaid letter is REFERRED to the Executive Director, Housing Authority of the County of Contra Costa. 1 here)y certify ttm:—Ihls 33 r.trio and come-t copy of an nC::n . and c, :;:c .:.:nvtes of the Goord of a.. Lit- c:nt3 shown. ATFEO t ED: _t /15� /M13 J.R. O-C-300`1, COUP.M CLERK and ex u„cij Clerk of the Board By , Doty r Orig. Dept.: Clerk of the Board CC: Housing Authority of the County of Contra Costa County Welfare Director Public Works Director Supervisor T. Torlakson County Administrator 114 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Proposed complex southeast of Buchanan Field, Concord The Board having received a communication from the Manager , Airspace and Procedures Branch , Federal Aviation Administration (FAA) , Western Region , advising that the FAA is conducting an aeronautical study of the proposed construction of a complex to be located southeast of Buchanan Field in Concord , and inviting comments thereon ; IT IS BY THE BOARD ORDERED that the matter is F.EFF�'RTP to the Public Works Director . 1 hereby certify that this is r.twe and correct copy of an ac:`or. jzken and er.;crecA or. u:,_ :'?nutes of the Bo.-rd c4 S pervisors on W*ate shoes. ATTESTED:ED: MQ J.R. OLSSON, COUNTY CLERK and ex iclo Clerk of the Board By ._...______.� l � , Deputy Orig. Dept.: Clerk of the Board cc: public Works Director County Administrator. Sgt - � 115 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson , Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Establishment of Emergency Speed Limits in ,the Delta On recommendation of Supervisor T. Torlakson, IT IS BY THE BOARD ORDERED that the County Sheriff-Coroner is REQUESTED to report to the I-later Committee (Supervisors McPeak and Torlakson) his views on establishing emergency speed limits for boats in the Delta during critical periods of high tides and flooding. 1 herby certify that this is a true and correct copyo! •Q action taken and entered on the minutes of the Board of Super: c:: the date shown. ATTESTED: _ _ - _p 4 J.R. OL T Y D'ERK and ex u rr�.;i G: ;r, of the Board By -- , Deputy Orig. Dept.: Clerk Cc: Finance Committee Sheriff-Coroner County Administrator 116 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983— , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: In-the matter of Proclaiming the month of April, 1983 as "Fair Housing Month" WHEREAS, in California and the nation it is illegal to discriminate in the purchase , rental or leasing of housing or public accomodations because of race , religious creed, color, nationnal origin, ancestry, marital status , sex, age and source of income ; and WHEREAS, April has been disignated as National Fair Housing Month to focus attention on equal housing opportunities and the laws protecting individuals against housing discrim- ination; and WHEREAS , the Housing Alliance of Contra Costa County, Inc . provides information and investigation of complaints of housing discrimination in this community ; and WHEREAS, the Housing Alliance of Contra Costa County, Inc . believes that through public attention and education, awareness of fair housing laws will become more widespread resulting in equal housing accessibility for those who live or wish to live in the County of Contra Costa; IT IS BY THE BOARD ORDERED that the month of April, 1983 is PROCLAIMED as "FAIR HOUSING MONTH" in the County of Contra Costa. t hweby cw Wy that thie M s b m andoorrectcepy of an action taken and entered on the minvies of ow Board of Supembors on the data Mown. ATTESTED: e,� /.,��/g&j _ J.R. OLSSON, COUNTY %XERK and ex officla Clerk of the omrd Orig. Dept.: Clerk of the Board CC: Housing Authority P.I .O. County Administrator Director of Planning 117 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 19$3 . by the following vote: AYES: Supervisors Powers, Fanden, Mc?eak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Donation to Animal Services Department On the recommendation of Supervisor Powers, IT IS BY THE BOARD ORDERED that the County Administrator prepare for the Chairman ' s signature a letter expressing appreciation to Mr . Robert Blye , 4321 Fran Way, E1 Sobrante, CA 94803, for his $25 donation to the Animal Services Department . IT IS FURTHER ORDERED that a letter also be sent to the Director and staff of said Department commending them for the fine job they are doing with the licensing service . thereby c sfUly that this U a true and correcteopy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:- J.R. OLS3-:�t:, CCUN- TY CLERK and ex o :cio Clerk of the Board By - , Deputy Orig. Dept.: Clerk of the Board cc: County Administrator 118 1 P• To: BOARD OF SUPERVISORS 3,�Z ' rpm" : Joint Conference Committee C=tra Q)ga >y1TE : March 15, 1983 QXJIY SUBJECT: Contra Costa Health Coalition Position on Hospital Certificate of Need Application SPE C i F 1 C REQUEST(S ) CR RECOAlwIENDAT i QV(S ) a BACKGROUND AND JUST 1 F I CAT I CPN 1 . Endorse the Position of the Contra Costa Health Coalition which requests all hospitals in Contra Costa County which have filed Letters of Intent or Certificates of Need to delay further action on such documents for ninety (90) days to give the Office of Statewide Health Planning and Development an opportunity to consider all such applications together (batch). 2. Agree to defer any further action on the Contra Costa County Hospital ' s Letter of Intent for ninety (90) days as requested by the Contra Costa Health Coalition. 3. Agree with the concept of "batching" all applications for Certificates of Need from Contra Costa County hospitals, and request the Office of Statewide Health Planning and Development and the Alameda-Contra Costa Health Systems Agency to convene a meeting of all affected hospitals for this purpose. BACKGROUND: Supervisor Powers made the above recommendations on behalf of the Joint Conference Committee. Supervisor McPeak noted that two Certificate of Need applications have already been filed and that the total requests from all hospitals in the County will total $215 million, a sum which cannot be supported. Supervisor Schroder indicated he would abstain on voting because he is a Trustee of John Muir Hospital . Supervisor Torlakson expressed concern about the delay and the impact such a delay would have on plans being formulated by Delta Memorial Hospital and Los Medanos Community Hospital . Supervisor Fanden requested a written report from the Health Services Director. / Ij/♦ ,�� CL'�+tT 1N:ltD C7+1 ATTACMMXhT: 1r'[S Rr comw?izAT i can: or cojwrY Az+1 K 1 sT*ATtPR Rt Coo,4�^T 1 CPN or DowRD CC W 1 TlSE a pY>t X Q'I'wo No r ec 7'"endat on .t ` 01( .. : ACTION CPQ BOARD ON' r March 1 Af aGs acA ,� Qlift�! Defer action on the recomendations of the Joint Conference Co +ittee until March 2d. 19S3 and direct the Health Services ` rector to submit a written report on this subject on larch 2".2. 1953. verm CW stipwry I-10 Is ! i CM98Y CRRT I FY TMT TH 12 18 A 7MA 1f"M 11i 068 t A1»1tW *M COI W IZ C:T C OP W CW Aft ACT 1 CPN TAI M AND L7i!'111a1C0 CN TK NINUM CPQ' THE ARD a1MTaI A i� ;„ CW Oy 1 lCtllN C!1 7W DAIM 8HOM. autxT: N 1gf ATT=TIFO " �-t� cc , �`�>��ri t�= Administrator J.!<. crL.ssscs�. Claaarra�Ys�iMo i c>q : h Services c . ?r ax CF 1 C 10 aim ar M •DOM 119 rirr�� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUP, CALIFORNIA Adopted this Order on March -15 , 1983 . by the following vote: AYES: Supervisors McPeak, Torlakson, Schroder NOES: None ABSENT: Supervisors Powers , Fanden ABSTAIN: None SUBJECT: NIMLO Litigation Fund with Respect to Unemployment Insurance John B . Clausen, County Counsel , having submitted a March 14, 1983 memorandum transmitting a check in the amount of $3, 300. 53 as the County' s pro rata share in the fund at the conclusion of litigation regarding the federal imposition of unemployment insurance on local agencies in which the County participated with the National Institute of Municipal Law Officers (NIMLO) ; IT IS BY THE BOARD ORDERED that receipt of the aforesaid check is ACKNOWLEDGED . thereby certify that this fs a Morand co reict eopyof an action taken and entered on the minutes of the so"of supery n the date shown. /ATTESTED: �� �993 J.R. OLSSON. COUNTY CLERK .and ex offklo Clerk of the Board m • 0"Wfy Orig. Dept.: Clerk of the Board cc: County Auditor-Controller County Counsel County Administrator L , 120 �t TO: HOARD OF SUPERVISORS r ' FROM: Judy rillej , Director Departm anpower Programs C Oft DATE: March 15, 1983 Costa SUBJECT: ACKNOWLEDGEMENT OF RECEIPT OF CETA AUDIT REPORT FOR FEDERAL COAY FISCAL YEARS 1980 AND 1981 SPEC 1 F I C REQUEST(S) OR RECOOMbENDAT I ON(S): That the Board ACKNOWLEDGE receipt of "Report on Examination of Comprehensive Employment and Training Act of 1973," an audit report of the County's CETA programs covering the period October 1 , 1979 through September 30, 1981 (FFYs 1980 and 1981) , prepared for the County by Touche Ross & Company. BACKGROUND AND JUSTIFICATION: In accordance with federal CETA regulations/audit guidelines and authorization by the Board of Supervisors, the CPA firm of Touche Ross & Co. , performed an independent audit of the County' s CETA expenditures totaling $24,234,112 for FFYs 1980 and 1981 . Costs for conducting . the audit were contracted for in the amount of $54,527, payable from the Department of Manpower Program's Administrative Cost Pool Budget. The audit found no Prime Sponsor costs recommended for disallowance or questioned costs. This report, reflective of the County's operations as Prime Sponsor and the operations of a sample of Subgrantees, has been accepted by the U.S. Office of Inspector General. The completed report is herewith submitted to the County Board of Supervisors. CONTINUED ON ATTACHMENT: YES XR 1y0 S I GNATU14DAT RECOhMENDAT 1 ON OF COUNTY ADMINISTRATOR '""' R # OF BOARD COMMITTEE APPRavE OTHER COMMENTS SIGNATURE S ; BOARD OF SUPERVISORS ACTION: APPROVED AS RECOMM'FNDED On-HER THE HOARD OF SUPERVISORS CONTRA COSTA COUNTY, CAL I FORN I A ADOPTED TH IS ORDER ON �� f! � � l hereby certify that this is a true and cbrrect copy of BY THE FOLLOW#NG VOTE; an action taken and entered on the minutes of the WAN I MOUS: Board of Supervi on the date shown. AYES: ATTESTED: NOES: J.R. OLSSCH, COUIN t CLERK ABSENT: ABSTAIN: and ex offlclo Clerk of the Board By , Deputy ORIG. DEPT: Manpower Programs , cc: County Administrator County Auditor-Controller ' 121 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Presentation of the Official Canvass of the Election of March 8 , 1983 Lon K. Underwood, Assistant County Registrar, having appeared before the Board this day and presented the Clerk' s Certificate and the Official Canvass of the Incorporation Election of the City of San Ramon held on Tuesday , March 8 , 1983 ; and Mr. Underwood having noted that the vote for incorpor- ation (Measure A) was 3825 for, 1254 against ; IT IS BY THE BOARD ORDERED that receipt of the afore- said Certificate and Canvass is ACKNOWLEDGED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the isoard of SupenVlsors on the date shown. ATTESTED: _5- l9 e,3 J.R. 0LSS0jj, COUNTt' CLERK and ex officlo Clerk of the Board By f Orig. Dept.: Clerk of the Board cc: Assistant Registrar of Voters Public Works Department 122 CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF SAN RAMON INCORPORATION ELECTION RETURNS State of California ) ( ss . County of Contra Costa ) I , JAMES R. OLSSON, County Clerk, in and for the County of Contra Costa, State of California, do hereby certify that, pur- suant to the Provisions of the Elections Code, I did canvass the returns of the vote cast for the San Ramon Incorporation Election in said County at the Municipal Election held on March 8 , 1983 for said City candidates and measures submitted to the vote of the voters , and that the statement of the vote cast, to which this cer- tificate is attached, shows the whole number of votes cast and the whole number of votes cast for each candidate and for and against the measures in each of the respective precincts therein, and that the totals as shown for each candidate and for and against the measures are full , true and correct. WITNESS ray hand and Official Seal this 15th day of March, 1983. JAMES R. OLSSON, County Clerk (SEAL) Deputy o my ler 123 G7� D CA Z R' �G —4in -1 Aa=aDDDDDDDDDDD ro W-4 D D?>3aDDDDD,I>DDIDD,D f 33533333333633 W OJ000.'�OC3000000 ZZZc22zZ?ZZ22� Vnu VA VA num nu VAtoVAVA n tlltll Z W O.M+V�`.L N� aN O r Q) O�itJ1fiJ`�Itl1Ct�.Ota�iDC=.O 0►- -{D�-i:Js�-+G)t�i7D N O.Da�1.DWtnVtOw.C�N UD O.OrWt11CTvr-+G1`V���+:liW to *-&N tNNNNWN�t LW�WW GoDn CA-IOf'i-DCS �.,A OOo-+W VWtnOWr�AQ`�Ct: vCp -+-dW•O�OCb�I�NtJt�iJRi oc.s�3 ZMA iJ1N NN r►+rNZC�iWWrW Vlr WW�VIO�IVtr: +.D:lAWtVC�D r .Oo` --4CY M11 = DC`ONV-Z=W PCZ V�.CrOW-JWN.C•+Rf�iJ N �r Nrr rr ►�+- �•rytV�+a► rnc.-tro COf' -<m3o.3 VAN �VOOComt_.00oO'ViV1Wa'�i •Dtn rWNtll�iNrO--dO?)tlf1i -D 3axZmcro -���rnc. 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Adopted.this Orader on •: .Y 9 AYES:;. _ Supervisors Powers., Fanden., McPeak, Torlakson, St:hroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Comparable Worth Pursuant to the Board's order of January 4, .1983x- Mr: Harry.. Cisterman, Director of personnel, this day presented a 'report - o3n `the issue of comparable . worth, a copy of which report, is attached; �teret.o : and by reference- incorporated herein; and.. Mr,. Cisterman reconmended that the tl metablp .-,.which, is a part n' -of the report, be adopt for th+e co lection and '.eval�st�on oP data on the `subjeot, for the purpose of providingin�'o at�on dor. negotiations,; and x The following persons appeared and voiced their- support; of 'the reco ndatioo: { Betty Ann Bamett,3, 1,eague of Women._Voters - Rend Area nna Casey , labor representative° of 'thea, Nurses; ►aso ,atatn Diana Doughtie,:- representative of the,.Astodlatd.+n►n o Feuerai„ S'tate,, County & Municipal Einplo. ees Louise Sl elf, National Womens PoliticCaucus :a r. Contra. tosta County., and Henry Clarke, Generalftinager of ontra Costa; CoUnty:�m��pyees Association., Local ..is expressed*essed concern with t* ier dat3on and urged, instead that ,a he ive study be made:-, o_ xa; 'he c2essif '-., f cations in the County; arA h Board asbers discussed the matter and in dicated .that= while _ ♦ V. the County does not have the funds with which to. make ..a, c+nmprehensiue stud at this t the y process proposed by M ' Cisterman- could be used to ticfine i s> es ,and priorities and to ' Compfle i a►f ► ataon for use in the `forthico n salary negotiat ons; and` "� # S, l IS BY BOARD ORDERED that; the recomm6hdation x of the Director of Personnel Is APPROVED and the tiiaetable contained; �.:n the report is ADOPM r aa! a/sat" at ld an r. ,r,anat �drrect or 8b+�i,uf �"' �a�°•�r atm-the, STEPt J.aR p -C LERIC By (Xiq .-DepL: Clerk of the Beard Oftb CM Personnel: Director County Administrator z. - Contra Personnel Department r Administration Bldg. Costa 651 Pine Street Courtyio Martiner, California 94553-1292 DATE: March 14, 1983 TO: Board of Supervisors FROM: Harry D. Cisterman Director of Personne SUBJECT: Comparable Worth This responds to the Board's order of January 4, 1983 directing me to meet with employee 'groups and to develop a report and outline for the Board's con- sidcration of comparablo worth. As I have stated previously, I do not believe the County should undertake a comprehensive job evaluation study of comparable worth at this time. There is no federal or state legislation or guidelines mandating the comparable worth concept on public or private employers. No job evaluation system has been developed which satisfactorily can be applied across occupational lines. The report of the National Academy of Sciences on this subject states that no uni- versal standard of job worth exists. Where such studies have been undertaken by large employers they have cost thousands of dollars and have taken years to complete. They have been the subject of controversy within the organizations and among the public. Several Contra Costa County employee organizations re- cognize that a comprehensive study is ill-advised at this time. Finally, in its January 4 order the Board acknowledged the need for a positive approach to the issue, but agreed that it is not necessary to proceed with a countywide study. In the alternative I propose that the Board adopt the attached timetable for comparable worth. The timetable provides for the collection and evaluation of data with respect to the salaries paid men and women in various job classi- fications in Contra Costa County, salaries paid to similar jobs in the labor market and a review of several comprehensive studies of comparable worth which have been done in the public sector. As indicated in the timetable I do not necessarily intend to endorse the specific findings of other studies as being applicable in Contra Costa County. The purpose of the data collection in the timetable is to provide information for salary negotiations. Information on salaries for men and women in Contra Costa County has already been gathered in accordance with parts 1 and 2 of the timetable. It is also attached. RECEIVED M n p 15 s%Do3 J. R. LSSoN UptRVIXRS SUPzRVIXRS RS 5 TA 12 Memo to: Board of Supervisors -2- March 14, 1983 A few brief comments are in order with respect to the information presented. The National Academy of Sciences found that among full-time, year-around workers in the United States the earnings of women averaged less than 60 percent of those of men. Among Contra Costa *County government employees the average full-time salaries for women is a little over 70 percent of that of men. There are no issues of equal pay for equal work in the county salary structure. Women who perform the same job as men are paid exactly the same. Salaries for various jobs are set on the basis of prevailing rates and meeting and conferring with employee groups as required by California's Meyers-Milias- Brown Act. HDC:RH:rh Attachments cc: M. G. Wingett 128 TIMETABLE - COMPARABLE WORTH INFORMATION 1. Measures of Central Tendency Salary Report for Full-time Employees; all Employees Men/Women: a. Obtain data processing reports. . b. Check data. c. Prepare display of data. d. Estimated completion date March 1, 1983. 2. Employment of Men/Women by Job Classification: a. Obtain data processing reports. b. Review and check data. c. Identify classes which have 70% or more men/women. d. Identify classes which have 10 "or more employees, under c. e. Identify classes by representation unit. f. Prepare display and report. g. Estimated completion date March 1, 1983. 3. Analyze Labor Market Data: a. For County classifications which have more than 70% men/women and over ten employees. b. Review benchmark data contained in Bay Area Salary Survey (BASSC) and California Counties Salary Survey. Review private industry data in BASSC report. c. Consider statistical measures of County's relative standing in the labor market for benchmark classes. d. Determine appropriate display of findings. e. Prepare report and displays. f. Estimated completion date April 1, 1983 . 4. Review the seven comparable worth studies analyzed by the State Department of Personnel Administration: a. Obtain from the Chico Unified School District; City of San Jose; State of Idaho; State of New Hampshire; State of Washington; Pittsburg Unified School District; and State of Minnesota, information concerning the following: 1. reports and graphs. 2. study methodologies. 3. collective bargaining law. 4. implamsntetion accompliOwd . 5. costs ; so fax, total cost of implementation, b. Summarize findings. c. Prepare report. d. Estimated completion date, depending on ability to obtain necessary data, circa May 1, 1983. Displays and summaries are not to be construed as agreement or endorsement of the results and/or conclusions of the seven studies individually or collectively. 129 CONTRA COSTA COUNTY GOVERNMENT INFORMATION ON SALARIES OF MEN AND WOMEN Comparison of full-time salaries paid men and women Weighted Average Salary Mediau Average Salary Interquartile Range Represented classes with 10 or more full-time positions in which 70% or more of the incumbents are female by employee organization Represented classes with 10 or more full-time positions in which 70% or more of the incumbents are male by employee organization Distribution of Men and Women in the Workforce by Employee Organization •r 130 AVERAGES AND INTERQUARTILE RANGE Weighted Mean Average = Monthly Payroll Number of Employees All Employees $2054 Male Employees $2424 Female Employees $1761 Median Average (grouped data) All Employees $1924 Male Employees $2279 Female Employees $1583 Interquartile Range (grouped data) All Employees $1503 - $2394 Male Employees $1938 - $2695 Female Employees $1368 - $2062 131 WEIGHTED AVERAGE SALARY FOR FULL—TIME EMPLOYEES March 1983 3s a�f .2f $2424 LEGEND •t 3 ,tt All Employees dt $2054 .: b n 4 ,r $1 61 Women b - n C /S N Men N i3 m r_4 /1 o A io j F ............. ...... . .. ......... . 132 MEDIAN AVERAGE SALARY FOR FULL-TIME EMPLOYEES March 1983 30 .�s $2279 LEGEND: _ All Employees Z k $1924 b /f _ Women c 17 $1583 �S Men ,3 /.Z - -- o 9 p ,� -- -- - - - -- - ._ 133 INTERQUARTILE RANGE FOR FULL-TIME EMPLOYEES March 1983 i s � j S113a $2695 5 5 $2394 i t c; 5 S2062 � i LL_ 1 i � t A t y+{� I0 !? it f3 f f i ri— 4 ,7 /S 1,f � /��. iii ai �/�J I� AL -27 -+Y'f� a DoIIars .1 �sus:dreds Al ! Employees Women Men F16E ND 134 CONTRA COSTA COUNTY WORK FORCE March 1983 REPRESENTED CLASSES WITH 10 OR MORE FILLED FULL-TIME POSITIONS IN WHICH 70% OR MORE OF THE INCUMBENTS ARE FEMALE BY BARGAINING UNIT Number of Percent Top Classification Employees Female Salary LOCAL 512, AFSCME Eligibility Work Supervisor I 42 90% S1891 CALIFORNIA NURSES ASSOCIATION Family Nurse Practitioner 11 100% $2895 Supervising Nurse 15 100% 2915 Registered Nurse * 108 94% 2526 CONTRA COSTA COUNTY APPRAISERS ASSOCIATION None CONTRA COSTA COUNTY EMPLOYEES ASSOCIATION, LOCAL #1 Legal Clerk 12 100% $1893 Library Assistant I 12 100% 1349 Occupational Therapist 10 100% 2173 Physical Therapist 11 100% 2173 Public Health Nurse * 42 100% 2705 Licensed Vocational Nurse II 119 94% 1629 Central Supply Technician 10 90% 1488 Clinical Laboratory Technologist 17 88% 2138 Sheriff's Dispatcher 41 88% 1776 Superior Court Clerk 16 88% 2113 Therapist Aide 15 87% 1317 Family Supp Coll Officer-Schedule C * 10 90614/ 1935 Family Supp Coll Officer-Schedule B * 15 80% 1703 Hospital Attendant 40 70% 1317 Institutional Services Worker * 77 70% 1317 DEPUTY SHERIFF'S ASSOCIATION None DISTRICT ATTORNEY INVESTIGATORS ASSOCIATION None - - 135 Number of Percent Top Classification Employees Female Salary SOCIAL SERVICES UNION, LOCAL 535 Eligibility Work Specialist 145 87% $1676 Social Casework Specialist I 18 83% 2134 Eligibility Worker II 135 79% 1558 Social Worker III 36 73% 2036 UNITED CLERICAL EMPLOYEES, LOCAL 2700, AFSCME Clerk-Senior Level Lead Specialist * 16 100% $1629 Data Entry Operator II 37 100% 1417 Deputy Clerk-Courtroom 13 100% 2016 Deputy Clerk II 68 100% 1341 Deputy Clerk III 25 100% 1629 Intermediate Stenographer Clerk 17 100% 1408 Library Clerk 16 100% 1166 Medical Records Technician 19 100% 1651 Secretary I 14 100% 1516 Supervising Clerk 58 100% 1770 Clerk-Senior Level * 287 99% 1516 Clerk-Experienced Level * 484 99% 1341 Clerk-Beginning Level * 16 94% 1166 Account Clerk II 96 97% 1506 Account Clerk III 39 95% 1656 Supervising Account Clerk 11 91% 1815 UNITED PROFESSIONAL FIREFIGHTERS, LOCAL 1230, IAFF None WESTERN COUNCIL OF ENGINEERS None PHYSICIANS UNION None *Indicates a deep class or levels within a deep class . - 2 - 136 CONTRA COSTA COUNTY WORK FORCE March 1983 REPRESENTED CLASSES WITH 10 OR MORE FILLED FULL-TIME POSITIONS IN WHICH 70% OR MORE OF THE INCUMBENTS ARE MALE BY BARGAINING UNIT Number of Percent Top Classification Employees Male Salary LOCAL 512, AFSCME Engineering Technician IV 13 85% $2380 CALIFORNIA NURSES ASSOCIATION None CONTRA COSTA COUNTY APPRAISERS ASSOCIATION Associate Appraiser 20 100% $2514 Assistant Appraiser 18 89% 2246 CONTRA COSTA COUNTY EMPLOYEES ASSOCIATION, LOCAL #1 Senior Environmental Health Inspector 10 100% $2344 Operating Engineer 13 100% 2088 Equipment Operator II 10 100% 2226 Equipment Operator I 33 100% 1893 Equipment Mechanic 15 100% 2358 Building Inspector II 15 100% 2593 Laborer 31 97% 1646 Custodian II 54 94% 1379 Lead Custodian 15 93% 1521 Animal Control Officer 21 90% 1656 Institutional Services Worker * 17 82% 1512 Senior Drafter 11 73% 1939 Driver Clerk 11 73% 1539 DEPUTY SHERIFF'S ASSOCIATION Sergeant 68 94% $2651 Deputy Sheriff 293 89% 2291 DISTRICT ATTORNEY INVESTIGATORS ASSOCIATION None SOCIAL SERVICES UNION, LOCAL 535 None - 1 - 137 Number of Percent Top Classification Employees Male Salary UNITED CLERICAL EMPLOYEES, LOCAL 2700, AFSCME None UNITED PROFESSIONAL FIREFIGHTERS, LOCAL 1230, IAFF Senior Firefighter 97 100% $2358 Firefighter 154 100% 2203 Fire Captain 87 100% 2745 WESTERN COUNCIL OF ENGINEERS Civil Engineer * 32 75% $3111 PHYSICIANS UNION Exempt Medical Staff Physician * 47 79% $5503 Exempt Medical Staff Resident Phys III 10 70% 2308 *Indicates a deep class or levels within a deep class . _ 2 _ 138 CONTRA COSTA COUNTY WORK FORCE March 1983 BY EMPLOYEE ORGANIZATION Number of Fulltime Employees Percent Employee Organization Total Male Female Female Local 512 AFSCME 101 41 .60 59% California Nurses Association 139 6 133 96% Appraisers Association 47 45 2 4% Contra Costa County Employees Association, Local #1 1528 768 760 50% Deputy Sheriff's Association 380 334 46 12% District Attorney Investigators Association 13 11 2 15% Social Service Union Local 535 420 89 331 79% United Clerical Employees Local 2700 AFSCME 1273 16 1257 99% United Professional Fire- fighters Local 1230 IAFF 371 367 4 1% Western Council of Engineers 35 26 9 26% Physicians Union 74 56 18 24% 4380 1788 2622 60% 139 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Larch 15 . 1283 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Reappointment to Health Maintenance Organization. Advisory Board `an the recommendation of Supervisor Nancy C . Fanden , IT ISr BY THE BOARD ORDERED that the following action is APPROVFn: NAME ACTION TERM Max Weitzner Reappointed as Supervisorial Three-year term endinc District II representative January 31 , 14A6 to the Health Maintenance Organization Advisory Board i hwaby cWffy"uA this is a true snd oml*ci Copy of an action taken and entered on the minutes of OW Board of Sopemisora on tie date shown. ATTESTED: ek j= /Y_It .7- J.R. CLSECU, CLERK and ox officio Ck:k of the Board Af jl)y4i��L_ D*PUV Orig. Dept.: Clerk of the Board cc: Health Svcs HMO Advisory Board County Administrator PIO Auditor-Controller Supervisor Fanden Appointee 141 1^� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 by the following vote: AYES: Supervisors Powers , Fhaden, Mc Peak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Appointment to the Health Maintenance Organization ,Advisory Board Vn the recommendation of Supervisor Tom Torlakson, IT IS BY THE BOARD ORDERED that Nathan Fisher, Rt . 2, Box 116, Brentwood, CA 94513 , is REAPPOINTED to the Health Maintenance Organization Advisory Board for a term to expire January 31 , 1986 . 1 Hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors or. the date shcwn. ATTESTED: � 14,198x?_ J.R. OLSSONs COV?i l� CLERI K and ex officio Clark of the Boatel Orig. Dept.: Clerk of the Board cc: Health Svcs HMO Advisory Board County Administrator PIO Auditor-Controller Supervisor Torlakson Appointee - 141 q UFORNIA-`� 7777­ OARD ,OF Ch IS. 1983 : b 40116Mnovook! oft Orldw W ar _y :. ASS: supervisors Powers, Pahd*no PIC-Pe". TorIA"On'x .Schroder. None None AiWAItt None ' 'SUBJEel' Res#gr tit r of F.Ilzabeth S. Young from the Hn Servlc*a Advisory Commission uma C. Tabdeth IT 3S on the recommendation of Nancy, BY TjiE BOARD ORDERM that the following action is P TPRM -,EIJ7-at*t'h B. Young Resignation as supervisorial, End is District 11 representative 345 IWO" 14 P-1 F, 11 1 1 -7 4r7 Ov and edx. I 11*1 WEGM-ad JJL OLOMi. UjM.,..CLERK.­ "d 4046 0111W41", 0�2 Orig..-Dept: Clerk of the Board cc: - Count7 Administrator Human Svcs Adv. Comm. Auditor—Controller Supervisor Fanden SUPF 111 1 E 3+p; • - BOARD OF SLPE:V I SOBS ti 1 1 FROM City/County Energy Coordinating Committee untra Coeta CAM: March 15, 1983 cam SUBJECT; Committee Report SPEC i F I C REQUEST(S) OR RECOMMENDAT 1 ON(S): Acknowledge receipt of the Committee Report and adopt the Resolutions of Support for the State Solar Tax Credit and Energy Education Day Twenty-five city, county, utility and school district representatives attended the February 24, 1983 meeting, including representatives from the cities of Walnut Creek , Pleasant Hill , Richmond, Moraga, Concord, Hercules, Pinole, Lafayette, Pittsburg, Clayton, Martinez and Antioch. The Committee heard a report on the State solar tax credits. The Governor has proposed to eliminate funding for the credit retroactively to January 1, 1983. Currently the tax credits would expire on December 31, 1983. Legislation has been introduced by Assemblyman Bob Naylor (R-Menlo Park) and Senator Gary Hart (D-Santa Barbara) to extend the tax credit until 1989. After considerable discussion on the economic benefits to local industry in continuing the tax credits, and the inequity of retroactively eliminating funding for a previously approved action of the legislature, the Committee recommended that the city councils and Board of Supervisors of Contra Costa County approve a Resolution of Support for the State solar tax credits (attached) . The Contra Costa County Board of Education has designated March 18, 1983 as Energy Education Day. The Diablo School District requested that each of the city councils and Board of Supervisors adopt a Resolution of Support (attached) . The Committee so recommended. The Committee toured the South Hampton Solar Village in Benecia. In appearance like a standard tract development, the solar homes use active and passive solar features to minimize energy consumption. The Committee heard a report from John Cooke of Solar Cal Local Government Commission, Inc. on establishing a self-supporting home weatherization service. Senior citizen and/or college students would install the basic weatherization measures at minimal cost to a homeowner (under 5100/house) . Palo Alto designed the program currently in operation in the cities of San Dimas, Claremont and Monterey Park. Monies may be available from the San Francisco Foundation to support program start-up costs. The Committee agreed that duplication between cities could be avoided if the County took the lead in the project and initiated it in conjunction with one or two cities. Both Martinez and Concord have expressed interest. A letter of intent is being sent to the San Francisco Foundation to inquire on the feasibility of funding. The Committee has been working with the Board of Realtors to develop a "big six" energy checklist that would be given to perspective homebuyers. Minor revisions are being made to the form after which it will be forwarded to the Board, as well as to city councils, for consideration. COW I NURD ON ATTACW4EM: YES No S 1 GNIATURE: RECOM11MIDAT 1 ON OF COUNTY ADMI I N I STRATOR RECOMrENoAT i ON OF SQARD COMN 1 TTEE APPROVE OTHER COMAETRS S 1 GNATLRE S BOARD OF SUPERV i SORS ACTION: APPROVED AS REC:("ENDED O►iHER 1 hereby certify that this is a true and correct copy of •iNM BOARD OF SLPI:RViSORS an action taken and entered on the minutes of the CONTRA COSTA COUNTY. cAI,I1�:ORNI Board of Supervbgra on the dato shown. ADOPTED TH I S ORDER ON ''Ly da' 15 1 083 ATTESTEQ: S �- BY THE FOLLOWING VOTE. cc : County Administrator J.R. OLSSON, COUNTY CLERK �- UNANIMIOU2S: and ex officio Clerk of the Board AYES: Energy Coordinating NOES: Committee ABSENT.' Planning By /f Deputy ABSTAIN: 143 ORIG. �7 BOARD OF SUPERVISORS Or CONTRA COSTA COUNTY, CALIFORNIA Re: Preservation and Continuation) of the State Solar Energy Tax) RESOLUTION NO. 83/436 Credit ) WHEREAS, the California Solar Energy Tax Credit has directly contributed to the development of a billion dollar solar industry that provides employment to 20,000 Californians and over 7,000 businesses; and WHEREAS, recent Federal studies indicate solar tax credits generate more tax revenues than they cost the Treasury; and WHEREAS, $2.50 of Federal credits are used for every dollar State credit; and WHEREAS, the California Solar Tax Credit has enabled thousands of Californians to reduce their home utility bills through the use of solar energy and wind technologies; and WHEREAS, the Solar Energy Tax Credit allows solar energy and wind technologies to compete fairly in an energy market dominated by heavily subsidized oil and natural gas; and WHEREAS, the solar energy industry has helped generate local employment and tax revenues within the County of Contra Costa during this time of severe economic recession; and WHEREAS, the budget currently proposed by the State of California for the 1983-84 fiscal year contemplates the retroactive elimination of the California Solar Energy Tax Credit as of January 1, 1983; and WHEREAS, the California Solar Energy Tax Credit is scheduled to expire on December 31, 1983; and WHEREAS, the current uncertainties surrounding the future availability of the tax credit has already stalled millions of dollars of private job-producing investments and threatens to cause relocations of large portions of the solar industry outside of California. NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Contra Costa does hereby urge the Governor and the legislature to take immediate action to maintain and extend the California Solar Energy Tax Credit. PASSED AND ADOPTED by unanimous vote on March 15, 1983 AYES : 'Sunervi.sors Powers , Fander. ,'1cPea1'-' , Torlal son , Schroder . 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisam on the datO /�Wshown. ATTESTED: 3 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By , Deputy Orig. Dept: Public Works cc: County Administrator Energy Coordinating Committee Govenor Deulmej ian/via County Administrator County Legislative Delegation/via County Adr-inistrator RESOLUTION NO . 83/436 144 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Support of Energy) Education Day RESOLUTION N0. 83/ 437 ) WHEREAS, inexpensive and abundant energy helped our nation to a position of pre-eminence in the world community of nations; and WHEREAS, events of recent years have shown that our dependence on foreign energy supplies and non-renewable energy sources presents a threat to the national security, health, safety and welfare: and WHEREAS, the development of new technologies to increase energy supplies and to increase the efficient use of energy resources promises to help alleviate foreign dependency and financial drain; and WHEREAS, these fundamental considerations require an informed citizenry and our educational system is an excellent avenue to inform our youth on energy issues; and WHEREAS, the celebration of National Energy Education Day in California Energy Education Day will bring together students , teachers , school officials and community members to focus attention on the need for individuals to be knowledge- able concerning energy issues; and NOW THEREFORE BE IT RESOLVED that the Contra Costa County Board of Super- visors supports the Board of Education in designating March 18, 1983 as National Energy Education Day and California Energy Education Day as a means of encouraging energy education programs at all grade levels throughout the County. PASSED AND ADOPTED by unanimous vote on March 15,1983. AYES : Surervisors Powers , Fanden , ?TcPeak , Torlakson , Schroder . 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supery rs on the date shown. ATTESTED: M� l S �1� 3 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By C� . Deputy Orig. Dept. : Public Works cc: County .Administrator Energy Coordinating Committee Public Information Officer Superintendent of Schools RESOLUTION NO . 83/437 145 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA- Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Fanden , McPeak, Torlakson and Schroder NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Funds for child care for working parents Supervisor Sunne McPeak having commented on the fact that the State allocation of funding to Contra Costa County for child care expenses for working parents has almost been exhausted for this year , azd that this presents a major dilemma for working parents who have previously relied upon public assistance to support their families , but who are now working and paying taxes because they have had the benefit of child care funding ; and Supervisor McPeak having further commented that with the funds being exhausted , it is critical that the Board explore all alternatives that will allow parents to continue to work rather than having to go back on welfare , and that this may include the need for an innovative approach to a public/private partnership ; and Supervisor McPeak having recommended that in order to involve key groups and private sector representatives in a joint effort with County personnel , this issue be referred to the Finance Committee (Supervisors McPeak and Torlakson) to explore all alternatives and identify , if at all possible , an appropriate solution to the problem ; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor McPeak is APPROVED . I hereby eertlfy that this Is a true and coned COPY Of an action taken and enterad on the minutes of the Board of SupQnrlsors on the date shown. ATTESTED: _ Cj' IA: (9 Sa J.R. OLSSON, COUNTY CLERK anda do Clerk of 11110 Board r- - By ByO�uty Orig. Dept.-:' Clerk of the Board cc: Finance Committee County Administrator County Welfare Director GR/gt 146 BOARD OF SUPERVISORS M. G. Wi ngett, County Administrator C08L3 D"TZ : March 15, 1983 QVV SU6J9c7: Hearing Pursuant to Health and Safety Code Section 1442.5 (Beilenson Hearing) SPEC 1 r I C REOUr ST(S ) OR RECONWHIDAT 1 QV(S ) A BAr_KGr1OU M AND JLWT i F 1 CAT 1 GN Close hearing; refer all testimony to County Administrator and County Counsel to prepare findings to recommend to the Board on March 22, 1983. Refer issues raised in Local No. 1 ' so*March 15 memorandum to Finance Committee and Health Services Director. BACKGROUND: The Assistant County Administrator--Human Services summarized the issue before the Board and indicated that this was the date and time set by the Board on February 2, 1983 to conduct a Beilenson Hearing on the proposal to move the "E" Ward screening unit to the Central County Mental Health Clinic. The Chairman opened the public hearing. Testimony was received from Local No. >*, Dr. Arnold Leff, and Linda Ki rkhorn. Staff pointed out that most of the issues raised by Local No. l*were administrative issues that would have to be resolved before the screening unit was moved to Concord, but did not affect the findings of the Beilenson Hearing and should be referred to a Board Committee to insure that they were resolved prior to the actual move. *Contra Costa County Employees Association , Local 1 ; copy of said memorandum attached hereto and by reference incorporated herein . CONTINUED ON ATTACHMENT: YES SIGNATURE: LL REcommrNDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CowiTTEE X APPROVE O R: S 1 GNATURE S : ACTION OF BOARD ON: March 15 983 A ppovED AS RECOMMENDED -_ OTHER VOTE OF fLPEI4Y I TORS 1 MOWBY CERT 1 F Y TMT TNI S 13 A TRUE X UNANIMOUS (ABSENT AND COWWCT COPY OP AN ACTION TAKEN BS :TA I N AND ENTERED CPI THE MINUTES OF THE BOARD Al15CNT' ABS AYES: 1OF SUPERV I SOM ON THE GATE 2MOM. cc: Health Services Director ACTED March 15, 1983 County Counsel J.R. asSON. amar'Y CLERK AND County Administrator Xx arric10 cLoK cF TIE BOARD 147 Local No. 1 Finance Committee By 31EPUTY y�CAL RECEIVED PLdYP.O.BOX 222 - 2739 ALHAMBRA AVENUE - PHONE 228-1600 MARTINEZ,CALIFORNIA 94553 MAR 15 111993 March 15, 1983 J. R. OLSSON CLERK BOARD OF SUPERVISORS ONTRA COSTA O. LOCAL ONE PRESENTATION TO B -- --� CONTRA COSTA COUNTY BOARD OF SUPERVISORS AT THE BIELENSON HEARING REGARDING t REGIONALIZATION OF MENTAL HEALTH SCREENING PROGRAM During the last several weeks members of Contra Costa County Employees Associ- ation Local 1 have been meeting with administration officials of Contra Costa County Mental 'Health Services in regard to the planned regionalization of the Mental Health Screening program. These meetings, like today's Bielenson Hearing, have focused particularly on the proposed relocation of the Mental Health Screening office cur- rently situated on E Ward at the County Hospital in Martinez to a site in Concord, on Port Chicago Highway between Salvio and Pacheco Streets. As a result of these meetings Local 1 and the Mental Health adminibtration have reached substantive agreement on some of the issues related to this move. The most prominent of these agreements are the following: 1. The concept of the regionalization of Mental Health Screening Services is basically a sound one, offering cn unity based services sixteen hours a day, seven days a week. 2. The target date for the move is July 1, 1983. This date will be changed only if certain prerequisites for the move, listed below, have not been accomplished by that time. 3. The Mental Health Screening office will be located in a building across a parking lot from the County building housing the Central County Community Mental Health Center. This location in another building will allow the drop-in services at the Crossroads Center, where families with children and adolescents are frequently THE UNION FOR PUBLIC EMPLOYEES .. � 148 sa seon, to continue without fear of untoward incidents involving involuntary patients referred by the police and Sheriff. Local I and the Mental Htalth adzinistration have also agreed that certain is- sues must be resolved before the %tntal Health Screening office can be moved to Concord _ Thoir issues art : 1 . Medical back-up. Patents seen in 4ental health Screening are often in need of medical atttnt1_*Q as Well as of psychiatric services . Currently these patients can receive medical treatment at the Martiner Emergency rood. The closest emergency roo= to the proposed Port Chicago Highway location is at Mt. Diablo Hospital. At this point , however . there is no contract with Mt . Diablo to provide medical services for County wntal bealrh patients . Such a contract is nece;s3ry to avoid the delays in getting medical attention which will be involved if patients have to be trans- ported from Concord to Martinet and back again. Another medical issue is that nursing staff should be on duty at all times that the screening office is open and should be on site and available at all times to see patients who may be in need of medical attention. 2. Staffing. Additional Mental Health Treatment Specialists and pschistrists are necessary in order to offer a Mental Health Screening program in Concord which can provide both adequate services to the patients and a setting which is safe and secure for patients, staff, and homes and families in the surrounding residential neighborhoods . The present staffing levels at E Ward are critically insufficient . As of this week there will be only five Mental Health Treatment Specialists to provide coverage 16 hours a day, seven days a week, and one of thos Specialists has administrative duties as well . Last week there were six Specialists on E Ward, but the Transition Plan of December 30, 1982, calls for the transfer of one Specialist from dental Health Screening to another unit as of Thursday of this week. The Specialis t�vho is to be transferred has told me that at this point she prefers to remain on E Ward and feels that she is needed there. -2- .. .. 14 9 There is no doubt that the other work location is also in need of staff, since it is a crisis facility. However, Local 1 very strongly objects to the idea that E Ward should lose a staff member at this time . We feel that one of the Mental Health Treatment Specialists who were laid off last fall should be rehired at this time so that both of these crisis facilities can have the staff they need. Funds for this rehiring should be made available, perhaps from the Medically Indigent Adult monies which the County is currently receiving from the State. We urge that the Board of Supervisors take action on this matter today, either by making the funds available for the rehiring or by directing the Health Services Department to use MIA monies for this purpose. It is furthermore critically important that Mental Health Screening have more, rather than less , staff if it is to move to Concord. One reason for this need is that in Concord Mental Health Screening will no longer have access to the resources or r 73spital, such as the stat team of orderlies which aids in dealing with v oient, agitated, and suicidal patients. In Concord the staff will be on its own to deal with all situations and all types of patients, especially at night and on weekends and sufficient numbers of staff will be needed to make this new facility safe for all concerned. More staff is also needed to carry out the therapeutic aims of the Mental Health Screening program. One of the main functions of this program, and indeed of the entire regionalization effort, is to prevent unnecessary psychiatric hospitalizations . In a mental health screening setting it is often possible to use crisis intervention techniques with an individual, and sometimes with his or her family, and by so doing make it feasible for that individual to return to his home or to some other community setting that same day. It is always wasteful , both in human and in monetary terms , to hospitalize a person unnecessarily, and it is often untherapeutic as wellA At the present time, however, the Mental Health Screening unit is so short staffed that unnecessary hospitalizations are occurring simply because there are not enough staff -3- - 150 hours to do the crisis intervention sessions and other therapeutic work which is necessary to prevent those hospitalizations . Local 1 recommends the following staffing levels for the Mental Health Screening unit in Conord 12.6 full-time equivale:t Mental Health Treatment Specialists, 2.8 FTE psychiatrists, 2 .4 FTE nursing staff, and 3 FTE clerical staff. Presently there are 7 FTE Mental Health Treatment Specialists; the increase will allow three Speci- alists to be on duty for each daytime and evening shift, plus an additional and much-need Specialist during the peak activity hours of 1 to 9 p.m. The current psychiatric staff is 1.8 FTE, with no psychiatrist on duty during the 8: 30 a.m. to 5:00 p.m. shift. - The increase here will allow for a psychiatrist during those hours . The recommended nursing and clerical levels are the same as the present levels. 3. Transportation. Because patients who are evaluated at the Screening unit in Concord and then admitted to I or J Wards will have to be taken to Martinez, ambulances and ambucabs will frequently have to be used. Arrangements to provide and pay for this transportation must be made. It is Local 1's view that the move to Concord must be both financially and logistically feasible; wo do not want to see this plan fail because efficient and medically sufficient transportation is either unavailable or prohibitively expensive. 4. Medical Records . In order to prescribe medications in a manner which is both therapeutic and safe, psychiatrists need access to patients' medical records . Those records are currently stored at thg County Hospital in Martinez. Arrangements must be made to have the information contained in those records available to the psychiatrists in Concord. 5. Community Relations. A community-based program can survive only if it has the support of the community it serves. Between now and July 1 residents of the Port Chicago Highway neighborhood should be familiarized with the Mental Heath Screening program, the plans for the move to Concord, and the facility to be used. They should know who to call if they have questions or complaints . Every effort -4- . . 151 should be made to secure the support of these residents for the move. In addition to these five issues, Local 1 and Mental Health Services have agreed that the move must include arrangements for the following services , all of which are currently provided, wholly or in part , by the Mental Health Screening unit in Martinez: 1. Psychiatric consultations for patients on the medical wards at the County Hospital . 2. Services to adolescents. and children, including referrals from Juvenile Hall. 3. Services to patients referred from nursing homes, locked psychiatric facilities, Veterans Hospital, Raiser Hospital and other private hospitals , fre- quently because of behavioral problems. This group includes geriatric patients who often need medical as well as psychiatric attention, and who are inappropriate for admission to J and I Wards because agitated younger patients in those wards may hurt them. 4. Crisis telephone calls, which may continue to be made to the hospital even after the move. 5. Referrals from Family Practice Clinic and other outpatient clinics at the County Hospital in Martinez. 6. Patients who go to Martinez needing service in connection with their psychi- atric medications because of accidental overdose , unpleasant side effects, or allergic and toxic reactions. 7. Chronically mentally ill patients who have settled in Martinez so that they can walk to Mental Health Screening for services. 8. Referrals from County Jail, especially agitated patients who have been released from the jail but who are too psychiatrically unstable to be returned to their homes. 9. Intoxicated individuals Who have been picked up by the police either because -5- _ _ 152 of law violations or because of suicidal behavior. 10. Transfers from Napa State Hospital to locked psychiatric facilities, which must be arranged and processed through Mental Health Screening. As mentioned previously, Local 1 and Mental Health administration have agreed that the issues listed in this paper must be resolved before Mental Health Screening can be moved to Concord . Our meetings on the move, however, have not yet- advanced to the point where we have agreed on the desired resolution of these issues. At our last meeting we decided that in our future meetings we will d:.gcuss and agree upon the desired resolution for each issue, and then we will pla7i the implementation of each' resblution. At this point, however, Local 1 and the Mental Health administration have not agreed on exactly what it will take to resolve each of these prerequisites for the move. We also do not know if resolutions can be agreed upon and implemented. Although Local 1 agrees with the concept of community-based and regionalized mental health facilities, ve do not think that the Contra Costa County Board of Supervisors should give its approval to a planned programmatic change, especially one as im- portant as the relocation of Mental Health Screening away from the County Hospital, until all planning necessary for that change has been carefully thought out and is ready for implementation. Local 1 is therefore recommending that the Board of Supervisors make no final decision today of approval or disapproval on the proposed move of *Menta? Health Screening to Concord. Instead we recommend that the Board refer the matter to the Finance Committee for further study and review. After Local 1 and the Mental Health administration have reported a satisfactory resolution of all issues and a viable plan of implementation to the Finance Committee, that Committee and this Board would then be able to decide the issue of approval or disapproval on the basis of more complete information than is available today. And, if the plans are approved by the Board, they could then be carried out in a spirit of cooperation and confidence. _6 - 153 • Thank you very much for your consideration of our position..on this matter. Professional Ethics Committee of Contra Costa County Employees Association, Local 1 Stanley: T. Hutter, H.A. , Chairperson 7 -'- _ 15 4 T+o: BOARD OF SUPERVISORS Internal Operations Committee C=tra Costa March 7, 1983 Cotirty SuBJECT: Affordable Rental Housing Report :PEC 1 r i C REOtEST(S ) CR RECOMMENDATION(S ) A BAC?CGPKKM AM JUST i Ir 1 CAT I N 1 . Approve the March 1 , 1983 memorandum report to the Internal Operations Committee from A. A. Dehaesus, Director of Planning, and Perfecto Villarreal , Executive Director of the County Housing Authority, subject: Implementation of the Affordable Rental Housing Report (attached) . 2. The County Administrator be requested to work with the County PIanning Department and the County Housing Authority to develop' a more detailed work plan for implementation of the recommendations set forth in the Affordable Rental Housing Report. In this regard, it was noted that the Housing Assistance Pian prepared as part of the housing element of the County General Plan includes specific data on time frames within which low-income housing production is to occur. This data should be taken into consideration in establishing the aforementioned detailed work plan. BACKGROUND: On December 14, 1982, in a joint workshop session with the Board of Supervisors, the Advisory Housing Commission presented its report entitled, "Affordable Rental Housing in Contra Costa County. " The report was the result of the Board's August 10, 1982 request that the Advisory Housing Commission prepare a "blueprint for action" outlining a strategy for developing affordable housing in Contra Costa County. Following the December 14, 1982 workshop, members of the Advisory Housing Commission and Housing Authority staff met with the Director and staff of the County Planning Department to discuss the respective roles of the Housing Authority and the Planning Department in implementing the recommendations contained in the Affordable Rental Housing Report. On March 7, 1983, our Committee met with representatives of the Advisory Housing Commission, County Housing Authority, County Planning Department, and the County Administrator's Office to review and discuss two reports on this subject; one submitted by the Director of Planning and the Executive Director of the County Housing Authority and the other submitted by the Long-Range Strategy Committee of the Advisory Housing Commission. The former report indicates that the existing lower income housing administrative framework in the County is adequate, and sets forth the complementary roles for both agencies in furthering the cause of develop- ment of low-income housing. In order to continue to implement effective housing programs, the two department heads do not recommend the designation of a "lead agency" , but, rather, the identification of a process and the roles and responsibilities designed to achieve the coordination necessary to carry out the recommendations set forth in the Affordable Rental Housing Report. The report establishes an affordable rental housing production goal of 750 to 1 ,000 units over a five-year period. The Long-Range Strategy Committee of the Advisory Housing Commission urged development of a more specific work program, and the establishment of specific time lines. The Committee also recommends .a five-year affordable rental housing production goal of 1 ,200 units, as set forth in the original Affordable Rental Housing Report. CONTINUED ON ATTACHE T: YES S 1 GNATURE: RECOMMENDATION OF COUNTY ADM i N i STRATOR RECCMIMNDWIMCOMMKNI)ED D COMi I TTEE X APPR0IiE OTHER: � / 51GNATURE S : ncy C. Fanden om w ACT 1 ON OF BOARD ON: March % C71/ED AS pi'i��ER VOTE OF BUIDEWIlOPC; 1 DEWBY CERTIFY THAT THIS 13 A TRUE MID CCIMECT COPY OF AN ACT 1 ON TAKEN UNANiMOUS (ABSENT AND ENTERED ON THE MINUTES or THE BOARD AYES: NOES: OF SUPERV 1 SORS ON THE DATE 2NOWN. ABSENT: ABSTAIN ATTESTED March 15 , 19 8 3 15 5 cc: County Administrator J.R. a.ssorl, arsur4TY ctZRlc Mai Planning Director oc oWFICiC► ttelec CW TIMBOARD Housing Authority Exec. Dir. BY ,DEPUTY To: Board of Supervisors Contra From: Finance Committee Costa County Date: March 9, 1983 Subject: Staffing for ReducedlMental Health Programs specific Request (s) or Recommendation(s) 1 . Acknowledge receipt of reports from the Health Services Department, Local No. 1 , and CUE (United Clerical Employees) regarding the administrative component and staffing ratios in the Mental Health Division of the Health Services Department. 2. Affirm that the level of administration in the Health Services Department is appropriate. 3. Acknowledge that there have been significant cuts in the number of Mental Health Treatment staff. 4. If further cuts in Mental Health staffing become necessary in the future, the first consideration for reductions should be focused on those categories of employees who are defined by the Department as non-supervisory administrative staff and by Local No. I as non-treatment staff. 5. All proposals for future staff reductions should be accompanied by an analysis of the program priorities determined by the Board of Supervisors (such as children's services, long-term care reform, etc. ) . 6. Approve proposed staffing by the Health Services Department for the revised Mental Health program subject to further review and evaluation after the current program has been in operation for three months, but not later than May 23, 1983. 7. Remove this item as a referral to the Finance Committee. BACKGROUND: jOn October 26, 1982, the Board of Supervisors directed the County Administrator, working with Health Services administrative staff and representatives of employee organizations, develop a process, including participation by the Mental Health Advisory Board, to develop a definition of what is a Mental Health Administrative position. On February 10, 1983, the County Administrator filed a report with our Committee, which is attached to this Order. Following discussion of this report with staff from the Health Services Department and Local No. 1 , we requested that the Clerical Employees Union also review the report. We have received a letter from CUE, which is also attached raising no specific objections to the report. The ratio of administrative staff to line staff is dependent upon separate definitions and assumptions made by the Department and Local No. 1 , both of which have merit. It is the objective of all concerned that services be provided at the maximum possible under the restricted fund- ing that is available. Continued on Ye X No _- Yes - - - Siqnaturet Recommendation of County Administrator A recommendation of Board Committee X_ Approve Other Comments , Signature (a) Tt%rn Tr%nlak�gn ak Hoard v; superviaore Actions Prproved 00 "4oco-^ond*d Othar V Ayes ., County Clerk and rx-o J' Rf* nlsoso"Ciork of the Bo rd to In . Orig: County Administrator DY CC: Health Services Director D& t Cl k Local No. 1 4. CUE Date March 15, 1983 Mental Health Administrator Personnel--Healith Svcs. f f OFFICE OF COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building Martine:, California Supervisor.-tom Torlakson To: Supervisor Sunne W. McPeak Date : February 10, 1983 FINANCE COMMITTEE From : M. G. Wi ngett /Itl f, Subject : Mental Health Staff County Administrator At the request of the Board of Supervisors, this office has met on several separate occasions with representatives of Local No. 1 , Mental Health administrative staff, and a representative of the Mental Health Advisory Board. The purposes of our discussions have been to discuss the relationship between personnel in the Division providing direct services and those supporting the operation of the Division. In summary, the differences between the ratios of administrative to line staff proposed by the Union and the Department are based on separate policy assumptions and differences in service definitions. The positions of both parties are equally valid, based on their individual viewpoints and are submitted to your Committee in this report. They are: A. The definition of Services personnel versus Support personnel Local No. 1 representatives have insisted on a very specific definition of calling Services personnel those who provide direct services to clients , with Support staff being all others. The Department' s position is that a number of employees provide services to the community as a whole and others provide direct services in addition to their role as supervisors and, therefore, the strict definition proposed by the Union is too narrow. The Department recommends a definition that compares managerial and administrative staff to line staff. B. Full-Time Equivalents (FTE) Local No. 1 has insisted that each position be counted in terms of its actual work time value; i .e. , one day a week; two days a week; three days a week, etc. The Department feels that no lower value than half-time should be assigned to any position in terms of determining support because of the inherent administrative and supervision requirements of these positions even though their time in certain cases is less than 20 hours per week. The Department feels this is consistent with past practice. 157 Finance Committee February 10, 1983 Page 2 C. Clerical Positions The Employees Association has counted clerical positions based ofi-what type of activity they supported; i .e. , clerks working for Administrators are counted as administrative positions, and those providing clerical support to Service Divisions as Service. The Department feels that clerical positions should be included as line staff or excluded from any ratios of Service to Support staff. The clerical employees ' union was not included in our discussions. The ratios calculated by each party, based on their own viewpoint are as follows : Administration Services Local No. 1 28.5% 72.5% Health Services 10% 90% RECOMMENDATIONS: It is our recommendation that your Committee report to the Board acknowledging that separate definitions and FTE values result in some different arithmetic ratios of Support to Services personnel . You should further recommend that the full Board simply acknowledge receipt of this report as a guideline and a benchmark to evaluate possible future reduc- tions in the Mental Health Division. MGW:MJN:clg cc: Local No. 1 United Clerical Employees (CUE) Personnel Di rector Health Services Director 158 r :: - t� {�'4aa� `"i ra: ... `.'"at•.•r [ �:ti 7' (��2 �a� r ,, r _ •i t .1 tib ♦ '11 '� t { �� 3 i t!• 7 .<:� t ��� tii1ti'SE'ti`\�{`i i.reT+> >•.t•a•. r t.s _ . 1ERIC1, t . L-"2700,.:?�r ria:AMERICAN;FEDERATION:OFA STATE COUNTY4AND-M •. . 1 .Lsi 1 j, `ice „.t AUNICIPAL,EMPLOYEES. it, t . � ^,�i U t.3 , `•"�i�1•��.< a+� c rL t_`3�'r'r h .AFL�IO'tM1.• t..' _ '. t ,fir 4-s} �1..•`^� C. r�' _ .-r♦ �i` ��[ .F'� �r t ♦ i .i-`[�-• +31 ,♦ i'�--��k3�T,�i'�1� �t����Y:?.t•'.•::�f.{�N'ffiY,7 4tir} .- iYf Fs. cru••; 378S:ALHAMBRA'AVE. SUITE 78,T.-Wii�r + ,� ,F�� TELEPHONE ' MARTINEZ;CALIFORNIA 9488 �?'�" c •=?� 'i'2a,. 8-7800 March Z, � �.}-� Supervisor Tom Torlakson. ,-,.,-..k� Supervisor Sunne McPeak L 1 [ '., r •;'` ��""`' ' :' .-tit '•!ri i Y t ♦.• t{ in 11M a 1 r.. IQ`t { Members of Finance Committee 7 f• ^� ' y'Yt t ; � �dJ 651 Pine Street Martinez; CA 94553 y> >,�� , ��� ,z: f ��=• :; `.�. •.; c Dear Supervisors Torlakson,and.McPeak: Our Union is' writing this 'as a'response oto -the 'recent Finance Committee discussions regarding the siaffing .levels in Mental'.Health,and the issues of • treatment.,vs .non-treatment. or. management vs line :staff.-and-how to count clerks. Obviously, the purpose of- the -Mental Healtht Department'ris. to provide services and not to justify its continued .existence. ' ,Therefore,•'•.it*'is obvious that the em- phasis should be placed on;service delivery. :I. However;' our Union does not see a need to establish concrete definitions of positions.`-- Direct services to the comm- unity can be providing prevention education and monitoringcminnunity based contracts as well as providing .in-patient:and out-patient 'treatment. ",. If it is necessary,-to 'draw dines,' due to .budget' cuts; `our'Union proposes that clerical personnel not be considered in either count:'; Almost. all clerical jobs are support services, whether;it's'!administrative •secretarial work, processing papers for patients and treatment-.'siiffor-processing paychecks.:.. Therefore, to draw a line is extremely difficult.,.- and possibly_unproductive; due. to the subjective nature of the decisions being made.', :Both,�definitions are reasonable. However,: after the1Finance+_tCommittee meeting.'of February 14th, our Union investi- gated tthe issues again:;;? 'We imt with- County;:department_and- County management staf f i to review clerical duties. We are-::satisfied':that: the. :cvrrent clerical assignments are reasonable except ;ini.a: few problem: areas`affected by='layoffs. For example, last November, three full tune'clerical positions-:were'laid_:off,,one of which was in Mental- ' Health Screening in hiartinei: ` This:_lay off caused.-serious:coverage problems during r • vacations or illnesses;'-.as there'.were: no provisions..made ,for overtime or extra hire clerical help. We believe:•this,'is:one. of- the worst clerical problems caused by the .. , : cutbacks which also affected.treatment''staff; . The Union has held several meetings Y. ; over the last few months sto:alleviate-the shortage.:._,'.Hopefully, this has been 1mrked out. .T z ,i.r.sY4Yt:1a�'}y_t,wt >fC�'• �,.c<"i`•.iir::, t ' r• lr. ' i '� ,u.• by 7 •1 -r(fh+��,.[`Y�t�'}'• .art. .j 1� ,} ,•'� f : , 7.y uZ � y'q,��~Z1•-S' t�• r♦ 4, .u.�tr;y;4 t. tt 3n4.• iQ ' 1. ' .'�.��j•.-S".i �' l itf Nii'k d'rr" ; 'n �;�r Ct.} t.r; f 1'u , J . � z: air\,• Mi`'4":�.�7't.. �1 ��� �l .;F '. t .. - �` •t j.��;4...11'.:�1.rT�'•-tr�: ,4 4 .y..,'s. t t r i 2.jF ' - r t• tl.+ ('�- •TM1•h WZ 4 `'f V •I 1 ,J� � t. ' HE;V NA O.N7. F.0R ,.C,LERICAL' EMPLoY_EES•• �.• }._ t}`t•Z;y 1 2 ::�.`�l,cK+. <. it 'r 7l • .�'a 'r"" ` ' 159 r March 3, 1983 continued , United Clerical Employees As for the future, we can only hope that there will be no need for additional layoffs. If there are, we will still decline to advocate inflexible overall guidelines for layoffs of staff but, instead will address individual in- equities. Thank you--Tor your time. .Sincerely, r/ Diana Doughtie Business Agent • cc: Brigida Valle Claude Van ?Barter Web Beadle Local 1 DD/cl THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Compliance with Conditions of Approval for MS 136-76 , Orinda Area Supervisor Fanden having called to the attention of the Board a March 14, 1983 letter from Barbara F. Blume, 29 Tara Road, Orinda, California 94563 , alleging non-compliance with certain conditions imposed in connection with the approval of Minor Subdivision 136-76 , Orinda area, and requesting an immediate investigation of the matter; IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the Director of Planning and the Director of Building Inspection. I h mby cerWy that this Is a trwand conactcopy of an action taken and erttared on the mint"of tft Board of Supwvksors on tho data shown. ATTESTED: _T% /_ IF J.R. OLSSO . COUNTY CLERK .and ox otWo C &rk of the BoW BY . 0 Orig. Dept.: Clerk of the Board cc: Barbara F. Blume Director of Planning Director of Building Inspection County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DA'L'E: March 15, 1983 MATTER OF RECORD SUBJECT: City of San Ramon Chairman Robert I . Schroder received permission from the Board this day to present an American Flag to the City Council of the newly incorporated City of San Ramon for the Council ' s Chambers . NO FORMAL ACTION WAS TAKEN . THIS IS FOR RECORD PURPOSES ONLY . 162 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: March 1S . 1983 MATTER OF RECORD SUBJECT: Assistance to homeowners whose houses have been damaged by recent rainstorms Mr. Dave La Barre , 3990 LaCima , E1 Sobrante , CA representing the LaCima Homeowners ' Association , appeared and advised the Board that following the recent rain storms at least eight homes in the La Cima area have been lost by mudslides and it appeared that another dozen are threatened at this time and that possibly another 30 or 40 could be threatened if corrective measures are not taken immediately. Mr. La Barre urged the Board to seek additional funding from FEMA and other agencies to assist the homeowners in saving, their homes , and also urged that the Public works Department render immediate assistance in preventing further slides and flood damage . Chair Schroder commented on the damage to public roads and private property countywide and advised that the County would do as much as it could to help all persons involved in property damage caused by rainstorms . This is a matter of record - no official Board action was taken . AJ/gt 163 t At 1 : 45 p . m . the Board recessed to meet in Closed Session in Room 1053, James P . Kenny Conference Room, County Administration Building , Martinez , to discuss litigation matters . At 2 : 00 p . m. the Board reconvened in its Chambers and continued with the agenda items . 164 TSE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA - DATE: March 15, 1983 MATTER OF RECORD SUBJECT: Workshop Session Between Board of Supervisors and Advisory Housing Commission The Board of Supervisors , as the Board of Commissioners of the Housing Authority of the County of Contra Costa, met this day in a quarterly workshop session with the Advisory Housing Commission. The members present discussed the following subjects: (1) Implementation of Affordable Rental Housing Report. (2) 1983 Comprehensive Improvement Assistance Program (CLAP) Preliminary Application. (3) 1982 Housing Authority Accomplishments . (4) 1983-84 Housing Authority Goals and Objectives . (5) Employee Recognition Award Program. (6) Proposed Housing Voucher Program. At the conclusion of the discussion, the Executive Director of the Housing Authority was requested to take the following actions : (1) Arrange a meeting between Board members and the San Francisco Area Manager of HUD to discuss the Housing Authority' s 1983 CLAP Preliminary Application for funding for the rehabilitation of the Bayo Vista housing development . (2) Develop a proposed agreement to insure performance by a developer to construct and promote the sale of affordable housing . (3) Prepare a letter to the City of Martinez for the Chairman' s signature setting forth the County' s policy of requiring developers to set rent levels for 20 per- cent of the rental units at Section 8 Existing Housing Program Fair Market Rent amounts and urging the City to continue to support the development of affordable rental housing. NO FORMAL ACTION WAS TAKEN BY THE BOARD. THIS IS A MATTER FOR RECORD PURPOSES ONLY. I hereby certify that this is a true and correct copy of a matter of record entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: W�a4 - �.5 /90'3 J . R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By Deputy cc : Executive Director Housing Authority Advisory Housing Commission County Counsel County Administrator 165 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder. NOES: None. ABSENT: None. ABSTAIN: None. RESOLUTION NO. 83/402 SUBJECT: National Women ' s Political Caucus of Contra Costa Tenth Anniversary WHEREAS , the National Women' s Political Caucus (NWPC) of Contra Costa was established by the Founding Mothers in 1973; and WHEREAS , the purpose of NWPC is : to encourage, prepare and support women for elective and appointive office; to gain for women an equal voice in decision- making processes of local and state political bodies; to draft and support legislation which meets the needs of women and improves the quality of human life; to work for candidates and legislation which act to ameliorate and eradicate racism, sexism, violence, and poverty; and WHEREAS, NWPC gives support only to those candidates for public or party office, women or men, who support women's issues and employ women in decision-making positions in their administrative . and campaign staffs; and WHEREAS , NWPC coordinates a program of community outreach to make membership open -to all persons of any color, age, creed, national origin, economic status , religion or political affiliation; and WHEREAS , over 30% of the elected officials in Contra Costa County are women compared with the national average for counties of 10%; and WHEREAS , 1983 marks the Tenth Anniversary of the founding of the National Women' s Political Caucus of Contra Costa; NOW, THEREFORE BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby recognizes and commends the efforts of NWPC for its dedication and courage in the struggle for equality in representation and wishes them every success in the next decade. I hereby certify chat this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. AT12STED: MAR 151983 J.R. OLSSOM, COUNTY CLERK and ex officio Clerk of the Board Orig. Dept.: -Supervisor McPeak cc: County Administrator . By Deputy Diana M. Menyt TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , ?IcPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Completion_ of Improvements, Road Improvement Agreement for ) LUP 2101-80, and Declaring 1 RESOLUTION NO. 83/403 Certain Roads as County Roads, ) Martinez Area. 1 The Public Works Director having notified this Board that the improvements for LUP 2101-80 have been completed as provided in the Road Improvement Agreement with John Nishizawa heretofore approved by this Board; 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 Road Improvement Agreement: DATE OF AGREEMENT SURETY September 8, 1981 Fidelity & Deposit Company of Maryland 9487064 BE IT FURTHER RESOLVED that the widenings of Pacheco Boulevard and Potter Street are DECLARED to be County roads; the rights of way were conveyed by separate instrument, recorded on April 2, 1981 , in Volume 10265 of Official Records on page 892. BE IT FURTHER RESOLVED that the $1,000 cash deposit (Auditor's Deposit Permit No. 41178, dated May 18, 1981 ) made by John Nishizawa be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code. {hereby certify that this Is a true and Correct copy of an action taken and entered on the minutes of the Board of Supervion tho date shown. sor ATTESTED. Olt C& J.R. OLSSON. COUNTY CLERK and ex officio Clerk of the Board � _ 1 gy . Deputy Originator: Public Works (LD) cc: Public Works - Accounting - Des./Cons - Maint, Recorder,then PW Records CSAA-Cartog CHP, c/o AI Sheriff-Patrol Div. Commander John Nishizawa 88 Rutherford Lane Martinez, CA 94553 Fidelity & Deposit Co. of Maryland P. 0. Box 7974 San Francisco, CA 94120 RESOLUTION NO. 83/403 _ , 167 RECORD: ALL ROADS THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , IIcPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Approval of the Parcel Map ) RESOLUTION NO. 83/4n4 and Subdivision Agreement ) for Subdivision MS 79-82, ) Crockett Area. 1 The following documents were presented for Board approval this date: The Parcel Map of Subdivision MS 79-82, property located in the Crockett area, said map having been certified by the proper officials; A Subdivision Agreement with Alex Tommerup b Alan M. Brasesco, subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement; Said documents were accompanied by security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit ( Auditor ' s Deposit Permit No . 6? 186 , dated February 17, 1983) in the amount of 51 ,000 made by Alex Tommerup and Alan M. Brasesco. b. Additional security in the form of a corporate surety bond dated February 15, 1983, and issued by Amwest Surety Insurance Company ( Bond No. 1079047) with Alex Tommerup and Alan M. Brasesco as principal , in the amount of 517,700 for faithful performance and 59, 350 for labor and materials. NOW THEREFORE BE IT RESOLVED that said suhdivision, together with the provisions for its design and improvement , is DETERMINED to be consistent with the County' s general and specific plans; BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths , or easements shown thereon as dedicated to public use. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. t h^M3:'•:*' 1'Y'.::�••`�lc H!"4't2CtltfCORectcopYof an action .ak,2r. snd wa:ereG on the minutes of the Board of supervisors on the date shown. ATTESTED: 0At J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board Originator: Public Works (LD) By t k . Deputy cc: Director of Planning Public Works - Des./Const. Alex Tommerup b Alan M. Brasesco P. 0. Box 364 Crockett, CA 94525 Amwest Surety Insurance Comoan_y 1250 Pine Street, Suite 301 Walnut Creek, CA 94 596 RESOLUTION N0. 8:1/404 168 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15. 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Terlakson and Schroder NOES: --- ABSENT: ABSTAIN: SUBJECT: Resolution of Intention to RESOLUTION NO.83/ 405 Sell County Surplus Real Property (Gov 't Code Section 25363 Vacant Residential Lot on Boulevard Way at Kinney Drive Project No. 0662-604171 Walnut Creek Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of vacant land, acquired for road purposes, described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real Property Division is DIRECTED to post the attached Notice of Intention to Sell Real Property for five days prior to said sale in three (3) public places in the County; pursuant to Government Code Section 25363. The Board sets May 5 , 1983, at 2 :00 p.m. at the southwest corner of Boulevard Way and Kinney Drive, Walnut Creek, California, as the time and place where oral bids will be received and considered. The Board hereby FINDS that the project is exempt from Environmental Impact Report requirements as a Class 12 Categorical Exemption under County Guidelines and DIRECTS the Public Works Director to file a Notice of Exemption with the County Clerk. The project has been determined to conform to the County General Plan. I hereby certify that this is a trete and correct copy of an action taken and entered on the minutes of the Board of SupervisoPC,, on the date shown. ATTESTED: cf,� /'�J- (g$3 J.R. OLSSON, COUNT Y CLERK and ex o to Clerk of the Board r� By t , Deputy Orig. Dept.: Pub 1 i Works (RP) cc: P/W Accounting Assessor Auditor-Controller RESowri I b0. 8 3/4 0 S 169 i NOTICE OF INTENTION TO SELL REAL PROPERTY March 15, 1983 The County Real Property Division will sell at public auction to the highest responsible bidder, the vacant residential lot hereinafter described: Assessor ' s Parcel No . 185-290-023, located at Boulevard Way and Kinney Drive in Walnut Creek. The auction will be held at the surplus land on the southwest corner of Boulevard Way and Kinney Drive, Walnut Creek . on Thursday. May 5, 1983 at 2 :00 p.m. Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier Drive , 'Martinez . California 9:553 , or may be requested by phone to be mailed by calling 37.7-453'. The County reserves the right to reject any and all bids received. The parcel will be sold as is and the purchase'- assumes all risks and responsibility. The parcel will be sold without. warranty as to possible uses and the purchaser assumes all risks and responsibilities. BY Order of the Board of Supervisors of Contra Costa County V. R. OLSSON, County Clerk 8y Deputy 1..3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: 83/406 Approval of the Final Map ) RESOLUTION N0. and Subdivision Agreement ) for Subdivision 6123, ) San Ramon Area. ) } The following documents were presented for Board approval this date: The Final Map of Subdivision 6123, property located in the San Ramon area, said map having been certified by the proper officials ; A Subdivision Agreement with Dame' Construction Company, Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement; Said documents were accompanied by: I . Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash deposit (Auditor ' s Deposit Permit No. G928627, dated March 8, 1983) in the amount of $1,000 by Dame' Construction Company, Inc. B . Additional security in the form of a corporate surety bond dated March 3, 1983 , and issued by United Pacific Insurance Company (Bond No. 0434847) with Dame' Construction Company, Inc. as principal , in the amount of $13 ,200 for faithful performance and $7,100 for labor and materials. II. Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1982-83 tax lien has been paid in full and the 1983-84 tax lien , which became a lien on the first day of March, 1983, is estimated to be $5,100; III. Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code, in the form of a Surety Bond, No. U434848, issued by United Pacific Insurance Company with Dame ' Construction Company, Inc . as principal , in the amount of $5,100 guaranteeing the payment of the estimated tax; NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets , paths , or easements shown thereon as dedicated to public use. BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED. Originator: Public Works (LD) cc: Director of Planning Ihem-by certify that this Is a true and correct copy i Public Works - Des./Const. an action taken and entered on the minutes of It. Dame ' Construction Company, Inc. Board of Superri rs on the date shown. P. 0. Box 100 7"d, m;-/9 San Ramon, CA 94583 ATTESTED: .. _ .. I United Pacif is Insurance Company J,T, OLSSON, COUNTY CLERK P. 0. Box 4038 and a ff:cla Clerk of the Board Concord, CA 94524 RESOLUTION N0. 83/406 ,----- By , Depu1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Criteria for ) Rural Residential Development ) RESOLUTION NO. 83/407 Policy. ) The Board on March 8 , 1983 closed the public hearing and directed staff to draft revised criteria for a rural residential development policy for the Board ' s consideration this day. Harvey Bragdon, Assistant Director of Planning, submitted a list of revised criteria as previously outlined by the Board. Supervisor Torlakson reiterated that he supported the Planning Commission ' s recommendation to require water and percolation tests at the tentative map stage and moved that the criteria be adopted as proposed with the exception that the water and septic tank criteria be amended to indicate compliance prior to filing the tentative subdivision map instead of the final map . Chairman Schroder ruled that the motion of Supervisor Torlakson died for lack of a second. Supervisor Powers expressed the opinion that the word "particularly" should be deleted in reference to cities having urbanization planned in their spheres of influence and recommended that the proposed criteria be adopted with the word modification. The Board discussed the matter and concurred with the recommendation of Supervisor Powers . NOW, THEREFORE , BE IT RESOLVED that the Board of Supervisors hereby ADOPTS the criteria, as set forth in the attached Exhibit A. for the subdivision or minor subdivision of lands within the Agriculture Residential and Open Space General Plan categories . BE IT FURTHER RESOLVED that this resolution is a statement of the Board ' s policy and is not a general plan amendment or an amendment to the County' s Zoning and Subdivision Ordinances . PASSED by the Board on March 15 , 1983 by the following vote: AYES : Supervisors Powers , Fanden, McPeak, Torlakson, Schroder. NOES : None. ABSENT: None. hereby certify that this Is a true and correct copy of An action taken and entered on the minutes of the board of Supervisors on the date shown. ATTESTED: .Ai±�Ck / 't.../_9.. J.R. OLSSON, COUNTY CLERK .and ex officio Clerk of the Board cc : Director of Planning Py Deputy Public Works Director Health Services Director County Counsel RESOLUTION NO . 83/407 172 tSUUW� ° U� CRITERIA FOR THE SUBDIVISION OR MINOR SUBDIVISION OF LANDS WITHIN THE AGRICULTURE RESIDENTIAL AND OPEN SPACE GENERAL PLAN CATEGORIES 1. Ranchettes are deemed to be inappropriate and are to be discouraged in prime agricultural areas (prime soils plus available useable water of a quality suitable for agricultural purposes) where active cultivation such as row crops or orchards is taking place. 2. Ranchettes are deemed to be inappropriate and are to be discouraged in the existing Sphere of Influence of cities where such cities have urbanization planned in their Sphere of Influence (as indicated, for instance, in their general plans or specific plans). Cities should be informed in a timely manner when applications are filed and consulted as to their ultimate plans in the relevant area. 3. Agricultural/Open Space subdivisions are considered a long term, rural residential use of the land. Parcel sizes shall be a minimum of 5 acres. 4. Any application for parcels to be separated from a larger parcel or parcels under the same ownership shall indicate on the plan all of the contiguous land held by the applicant. 5. Prior to the filing of the Parcel or Final Map applicant must comply with the following: (A) Each parcel must have an "on site" producing water well or install a "test well" having a minimum yield of three gallons per minute with bacterial and chemical quality in compliance with the State standards for a pure, wholesome and potable water supply. (Title 22, Section 64433) If the chemical analysis exceeds the State standards for "maximum contaminant levels", for water potability, a statement must be attached and "Run with the property deed" advising of these levels; or (B) Have verifiable water availability data from adjacent parcels presented by the applicant or knowledge of the same, known by the Health Services Department concerning water quality and quantity per (A) above; and Have a statement that "attaches and runs with the deed" indicating that a water well shall be installed on the subject parcel complying with the general requirements stated above prior to obtaining a Building Inspection Department permit for construction. (C) In addition to the above, a hydro-geological evaluation may be required in known or suspected water short areas. This will include seasonal as well as yearly variations. (D) The purpose for requesting hydrogeological evaluations is to determine the total projected numbers of dwelling units that can be supplied with drinking water from existing aquifers. The two primary circumstances that would generally require hydrogeological evaluations are: (a) Where a proposed major subdivision contemplating the addition of large numbers of dwelling units on individual wells would substantially increase the density within an existing drainage basin. Hydrogeological data relevant to recharge of aquifers and projected yield would become essential not only to support approval of large major subdivisions under these circumstances, but also to ensure that the water supplies serving existing structures would not be depleted by the proposed increased.demand. (b) In those cases where density is increasing in particular drainage basins due to the build out of previously approved subdivisions using individual wells for water supplies and existing well yields begin to evidence declines due to the increased demand. In these circumstances, or in water short basins, hydrogeological studies would be appropriate as a condition for subsequent development to provide sufficient yield for proposed uses. Specific reasons will be stated in support of requested hydrogeological evaluations in each ` case. ` ` 173 Page 2 6. Road, street and access requirements, including necessary right of way acquisition and/or dedications, will be subject to the Department of Public Works recommenda- tions for each parcel in accordance with the County Subdivision Ordinance and with standards and policies of that Department. 7. The land must be suitable for septic tank use according to the County Ordinance Code criteria and Health Services Department regulations. Percolation tests must be passed on all proposed lots prior to filing of the Parcel or Final Map. 8. Applicant shall indicate on the tentative subdivision map the following information for each parcel: proposed driveways, building site, well site, leach field site, provision for water storage for fire fighting. Homesites shall be designed with a minimum of grading. Where significant grading is needed an acceptable erosion control plan shall be provided with the application. Home siting shall be reviewed for energy conservation features (building site orientation and feasibility for solar facilities will be considered). 9. Parcels shall be reasonably free of hazards including, but not limited to, flooding and high landslide susceptibility. 10. Special detailed plans• may be required for provision of flood control, roads and other services. 11. Developer shall obtain requirements for road and flood control improvements from County Public Works Department prior to submitting an application for subdivision. Required improvements shall be included on the Tentative Subdivision Map. 12. Adequate fencing shall be provided to contain domestic animals on the residential parcels with all gates to be closable by a nearby rancher when necessary. 13. Exception to any of the above criteria may be considered by the hearing body upon a showing, in writing, of unique or unusual circumstances relative to the subject property. 174 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 1S , 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: In the Matter of Making Amended 1 RESOLUTION NO. 8.3/4n8 Assessments for Division of ) Parcel (s) in Assessment District ) (S. & H. C. ss. 8733 AND 8734) No. 1979-2 (Discovery Bay Firehouse) ) ) RESOLUTION CONFIRMING AMENDED ASSESSMENT ( Parcels 1260, 1261 & 1262) The Board of Supervisors of Contra Costa Countv RESOLVES THAT: Pursuant to Resolution No. 83/274 dated February 15 , 1983. this Board held a hearing on the report and amended assessment for these Parcels in this Assessment District. Notice of this Hearing was duly given pursuant to law and that Resolution, by publication as appears from the affidavit filed in the Clerk ' s office. At the hearing, this Board duly heard and considered all persons protesting and objecting to the proposed amended assessment , and all other matters and things pertaining thereto. This Board hereby ratifies, approves and confirms the said Amended Assessment and Diagram filed with the County Clerk as set forth in the above Resolution. The Clerk of this Board is directed to deliver the three copies of said amended assessment to the Public Works Director of this County (Road Commissioner-Surveyor) with a certificate at the end thereof by the Clerk that it is the amended assessment hereby approved by this Board , together with a certified copy hereof attached to each amended assessment. - The Public Works Director shall then return to the Clerk two of the three copies of the amended assessment with his certificate at the end thereof that it is the amended assessment as approved and confirmed by the Board filed in his office. Thereupon the Clerk shall file one copy with the Auditor-Controller, who shall complete the certificate at the end thereof. Finally, the Clerk shall record the amended map or plat in the Office of the County Recorder pursuant to Streets and Highways Code ss. 8734. The amount charged for any fees and costs as shown on the amended assessment as to each parcel is hereby waived as requested by the Public Works Director pursuant to Street and Highways Code Section 8730 and Resolution No. 81/1349. 1 hstsey coMtY that this is•true and eormet copy of an actbn taken and eared on tho minutes of the Board of Sup" on the date shown. Orig. Dept.: a,tc� cc: Public Works (LD) ATTESTED. Public Works Director J.R. OLSSON, COUNTY CLERK Audi tor-Control ler and e: ofMo Ckwk of the Board Assessor /In County Administrator L County Counsel By . oaputy RESOLUTION N0. 83/408 175 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: In the Matter of Making Amended 1 RESOLUTION NO. 83/409 Assessments for Division of ) Parcel (s) in Assessment District ) (S. & H. C. ss. 8733 AND 8734) No. 1980-3 (Blackhawk-Tassajara) ) RESOLUTION CONFIRMING AMENDED ASSESSMENT (Parcels 1, 2, 3, 59 69 71 8, 99 109 1.19 14-A & 14-B) The Board of Supervisors of Contra Costa County RESOLVES THAT: Pursuant to Resolution No. 83/273 , dated February 15 , 1983 this Board held a hearing on the report and amended assessment for these Parcels in this Assessment District . Notice of this Hearing was duly given pursuant to law and that Resolution, by publication as appears from the affidavit filed in the Clerk 's office. At the hearing, this Board duly heard and considered all persons protesting and objecting to the proposed amended assessment, and all other matters and things pertaining thereto. This Board hereby ratifies, approves and confirms the said Amended Assessment and Diagram filed with the County Clerk as set forth in the above Resolution. The Clerk of this Board is directed to deliver the three copies of said amended assessment to the Public Works Director of this County (Road Commissioner-Surveyor) with a certificate at the end thereof by the Clerk that it is the amended assessment hereby approved by this Board, together with a certified copy hereof attached to each amended assessment. The Public Works Director shall then return to the Clerk two of the three copies of the amended assessment with his certificate at the end thereof that it is the amended assessment as approved and confirmed by the Board filed in his office. Thereupon the Clerk shall file one copy with the Auditor-Controller, who shall complete the certificate at the end thereof. Finally, the Clerk shall record the amended map or plat in the Office of the County Recorder pursuant to Streets and Highways Code ss. 8734. The amount charged for any fees and costs as shown on the amended assessment as to each parcel shall , if not heretofore paid, be entered upon the assessment roll and shall be collected along with the first installment of the amended assessment. All such costs and fees shall be deposited in the County General Fund. I hemby cer tty that this Is a tnwandaerNd"pye# an action taken and entered on tfw mbww of pw Board of Supervisors on the dafe shown. Orig. Dept.: Public Works (LD) j'�a 0, '5 X983 cc: Public Works Director ATTESTED: Auditor-Controller J.R. OLSSON, COUNTt CLERK Assessor and ex offkJo Clwk of ft Board County Administrator County Counsel L2 By ' RESOLUTION NO. 176 CCc--22d 2360s RES0160LI`ION NO. 83/41 ; OF o.mrM SOA.RD OF SUER1'I SOR S OF THE CO'v�1 OF CC* .RA COS'T'A C.A .. FO RN'41 A ACCEPT INZ, "71%E BID OF CONTRA COS' 'A COUNI"Y PUBLIC FACILITIES CORFOFAT:ON 'I'O A;:CE ?' ASS:C.t":'wE?""" OF INTERESTS IN REAL Pstz'FERT ' 'RO*� :'h` COL`N'°�k', £}i.ERC I Cr OPTIONS TO PURCHASE REAL ?ROrE A. AAS LEASE BACK SA:D REAL PROPERTY TO THE COUNTY, A=IHOR N3 ACCEF 7 AINCE OF DEED OF GIFT OF PROPERTY FROM SAID CORPORA"a I CN, A ..'OR ZING rr—Uor j ON OF FACILITY LEASE BETWEEN THE CO�r"N, A. SAID CORPORA-1-ION, A.�PROVING THE FORMATION AND DiRZ ." RS OF SAID CORPORATION, APPROVING FINANCING ARIR.A.N :M;E 1S FOR BO:%'DS OF SAID CORPORATION, AUTHORIZING AS S I GNM.E.N:" OF F I NANv I NG CONSULTANT' S Ah'D BOND COUNSEL' S CON:RAC:'S, AUTHORIZING CANCELLATION OF LEASE, AND AUTHOR?ZING E Ey.E'"%,,.'U`?*TON OF NECESSARY CERTIFICATES. WHEREAS, this Board of Supervisors has heretofore determined that the public interest and necessity require the acquisition for the use of the County of office buildings located at 630 Court Street, Martinez, California, at 40 Muir Road, Martinez, California, and at 2970 Willow Pass Road, ,. 177 Concord, California ( said office buildings being herein called "Project Phase II" ) ; 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 interests ( i ) as lessee of certain real property generally described as a lease, dated November 23 , 1976, as amended, from Keller Development Company and Earl D. Dunivan and Joanne Dunivan, lessors, to the County, lessee, of property generally known as 630 Court Street, Martinez, California, (ii ) as optionee of certain real property under an Option to Purchase Real Property, dated January 25, 1983 , from Duffel Financial and Construction Company, optionor, to the County, optionee, of property generally known as 40 Muir Road, Martinez, California, and (iii ) as optionee of certain real property under an Option to Purchase Real Property, dated December 7, 1982 , from William H. Moran and Dorothy J. Moran, optionors, to the County, optionee, of property generally known as 2970 Willow Pass Road, Concord, California, on the conditions that the accepted bidder shall be required to ( a) accept an assignment from the County of the County' s interests in said lease and said options, (b) exercise the options to purchase real property contained in said lease and said options, (c ) execute and deliver to the County a Deed of Gift vesting title in said real property in the County, subject, however, to a reserved estate for 2 178 twenty years in said property, and (d) lease said property back to the County, 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: Semiannual Facility Bidder: Lease Rental Bid: 1 . Contra Costa County Public Facilities Corporation $ 2349331 2 . 3 . 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 3 179 financing the acquisition, construction, improvement and remodeling of public buildings and facilities; and 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; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors 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 Chairman and the Clerk of the Board of Supervisors are authorized and directed to execute and deliver the assignment, dated as of April 1, 1983 and entitled "Assignment of Interests in Lease and in Options to Purchase Real Property, " from the County to the Corporation, the acceptance, dated as of April 1, 1983 and entitled _ "Certificate of Acceptance, " and the lease, dated as of April 1, 1983 and entitled "Facility Lease (Project Phase II ) , " from the Corporation to the County, in 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. 4 1�0 3 . The Corporation and its formation are hereby approved and the directors of the Corporation, namely, J. Michael Bowhay, Carolyn Doyle, Linton L. Emerson, Jr. , Gerald Feagley and John E. Whalen, are hereby approved. 4. The form of the indenture, dated as of April 1, 1983 , proposed to be entered into by the Corporation and Bank of America National Trust and Savings Association, as trustee, submitted to this Board of Supervisors, and the Contra Costa County Public Facilities Corporation 1983 Bonds, Series A, in an aggregate principal amount of $3, 850, 000, proposed to be issued by the Corporation under said indenture, and the official statement, dated February 9, 1983 , of the Corporation describing said bonds, submitted to this Board of Supervisors, are hereby approved. The proposed sale of said bonds by the Corporation, at the interest rates set forth in said indenture, for cash at par value ( less a discount of $ 76, 335.75 ) is hereby approved. The Clerk of the Board of Supervisors is directed to file a copy of said proposed indenture with the minutes of this meeting. 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 Project Phase II (the Corporation assuming the obligation to make payments due and to be due under such portion of the contract) , and of the portion of the contract 5 •' for the performing of financing consulting services between Bank of America National Trust and Savings Association and the County, approved July 28, 1981, relating to Project Phase II (the Corporation assuming the obligation to make payments due and to be due under such portion of the contract) , be and they are hereby approved. The Chairman and the Clerk of the Board of Supervisors are authorized and directed to execute appropriate documents evidencing such assignments . 6. The Chairman 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 documentation necessary to accomplish the cancellation of the lease, dated March 16, 1982, from William H. Moran and Dorothy J . Moran to the County, simultaneously with the issuance of said Bonds of the Corporation. 7 . The Chairman 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 of the Corporation distributed in r. connection with the sale of said bonds, necessary and desirable to accomplish the transactions set forth above . 6 182 S. This resolution shall take effect from and after its date of adoption. PASSED AND ADOPTED this 15th day of March, 1983 . /Ar Cha " rman of the Boar f Supervisors of the County of Contra Costa, State of California ( SEAL ) Attest : - R. CLSSG , County Clerk and ex officio Clerk of the Board Fly ,..Jeputy C erk of the Board of Supervisors of the County of Contra Costa, State of California 7 183 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 15th day of March, 1983 , 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 , McPeak, Torlakson, Schroder NOES : tune ABSENT: Supervisor Fanden 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. 8 184 WITNESS my hand and the seal of the County of Contra Costa this 15th day of i".arch 1983 . Clerk of the Board of Supervisors of the County of Contra Costa, State of California ( SEAL 9 ��� CCC-10 2254s FACILITY LEASE (Project Phase II ) between CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION and the COUNTY OF CONTRA COSTA Dated as of April 1, 1983 186 FACILITY LEASE (Project Phase II ) This Lease, dated as of April 1, 1983 , 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 In consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows: Section 1 . Definitions. Unless the context otherwise requires, the terms defined in this section shall, for all purposes of this lease, have the meanings herein specified, the following definitions to be equally applicable to both the singular and plural forms of any of the terms herein defined: The term "Bonds" means any bonds or notes issued by the Lessor to finance Project Phase II and authorized under and secured by the Indenture, and any other indebtedness incurred by the Lessor to finance the acquisition of the Demised Premises and Project Phase II . The term "Demised Premises" means that certain 'real property situate 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 the Lessee. The term "Indenture" means any 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 Bonds are issued, secured by the rentals hereinafter provided for, to provide funds for the acquisition, financing and refinancing of the Demised Premises and Project Phase II . The term "other indebtedness" means securities evidencing borrowed moneys or funds, in lieu of borrowed moneys, advanced by the Lessor, in each case for the purpose of providing funds for the acquisition, financing and refinancing of Project Phase II . 18 � The term "Project Phase II" means (a) an office building in the City of Martinez, California, commonly known and designated as 630 Court Street and containing approximately 7,200 square feet, (b) an office building in the City of Martinez, California, commonly known and designated as 40 Muir Road and containing approximately 22 , 400 square feet, and (c) an office building in the City of Concord, California, commonly known as 2970 Willow Pass Road and containing approximately 7, 600 square feet, including all works, properties and structures comprising said buildings and facilities, together with parking, site development, landscaping, utilities, equipment, furnishings, improvements and appurtenant and related facilities, all located on the Demised Premises . The term "Trustee" means the trustee under and as defined by the Indenture. Section 2 . Term; Commencement of Rental. The Lessor hereby leases to the Lessee and the Lessee hereby hires from the Lessor, on the terms and conditions hereinafter set forth, the Demised Premises and Project Phase II located thereon. The term of this lease shall commence on the date of recordation of this lease in the office of the County Recorder of Contra Costa County, State of California, or on July 1, 1983, whichever is earlier, and shall end on August 31, 1998, unless such term is extended or sooner terminated as hereinafter provided. If on August 31, 1998 the Bonds or any other indebtedness of the Lessor incurred to finance the acquisition of the Demised Premises and Project Phase II shall not be fully paid and retired, or if the rental payable hereunder shall have been abated at any time and for any reason, then the term of this lease shall be extended until ten ( 10) days after all Bonds and any other indebtedness of the Lessor incurred to finance the acquisition of the Demised Premises and Project Phase II shall be fully paid and retired, except that the term of this lease shall in no event be extended beyond April 1, 2003 . If prior to August 31, 1998 all Bonds and any other indebtedness of the Lessor incurred to finance the acquisition of the Demised Premises and Project Phase II shall be fully paid and retired, the term of this lease shall end ten (10) days thereafter or ten (10) days after written notice by the Lessee to the Lessor, whichever is earlier. It is contemplated that the Lessee will take possession of the Demised Premises and Project Phase II upon commencement of this lease, and the first payment of rental F2 188 shall be due on September 15, 1983, as provided in Section 3 hereof. Section 3 . Rental . The Lessee agrees to pay to the Lessor, its successors or assigns, as rental for the use and occupancy of the Demised Premises and Project Phase II , the following amounts at the times and in the manner set forth herein (but subject to the provisions of Sections 2 , 12 , 20 and 24 hereof) : ( a) Base Rental . The Lessee shall pay to the Lessor as a base rental (herein called the "Base Rental" ) .. semiannually the amount of -Tvao }kvfteb4A TOUX_V"KMSG_0_& — O nk- Do 11 a s ($0'x,34-1331 ) on September 15, 1983 and on each March 15 and September 15 thereafter to and including March 15, 1998, or, if the term of this lease shall have been extended pursuant to Section 2 hereof, continuing to and including the date of termination of this lease. Each semiannual payment of Base Rental shall be for the use of the Demised Premises and Project Phase II for the six-month period commencing on the first day of the month in which such rental is due. (b) Additional Rental . The Lessee shall also pay to the Lessor, as rental hereunder in addition to the foregoing Base Rental, such amounts (herein called the "Additional Rental" ) in each year as shall be required by the Lessor for the payment of all administrative costs of the Lessor related to Project Phase II and the Bonds, including, without limiting the generality of the foregoing, salaries and wages of employees, all expenses, compensation and indemnification of the Trustee payable by the Lessor under the Indenture, fees of auditors, accountants, attorneys or engineers, insurance premiums and all other necessary administrative costs of the Lessor or charges required to be paid by it in order to maintain its existence or to comply with the terms of the Bonds or of the Indenture; provided, such additional rental shall not exceed Ten Thousand Dollars ($10, 000) annually. Such Additional Rental shall be billed to the Lessee by the Lessor or the Trustee from time to time, together with a statement certifying that the amount billed has been paid by the Lessor or by the Trustee on behalf of the Lessor, for one or more of the items above described, or that such amount is then payable by the Lessor or the Trustee for such items. Following F3 189 commencement of the rental due hereunder, amounts so billed shall be paid by the Lessee within ten ( 10) days after receipt of the bill by the Lessee. Such payments of Base Rental and Additional Rental for each rental payment period during the term of this lease shall constitute the total rental for said rental payment period, and shall be paid by the Lessee in each rental payment period for and in consideration of the right of use and occupancy of, and continued quiet use and enjoyment of, the Demised Premises and Project Phase II during each such period for which said rental is to be paid. The parties hereto have agreed and determined that such total rental represents the fair rental value of the Demised Premises and Project Phase II . In making such determination, consideration has been given to the purchase prices of the Demised Premises and Project Phase II , other obligations of the parties under this lease, the uses and purposes which may be served by Project Phase II and the benefits therefrom which will accrue to the Lessee and the general public. Each installment of rental payable hereunder shall be paid in lawful money of the United States of America to or upon the order of the Lessor at the principal corporate office of the Trustee in San Francisco, California, or such other place as the Lessor shall designate. Any such installment of rental accruing hereunder which shall not be paid when due shall bear interest at the rate of twelve per cent ( 12%) per annum, or such lesser rate of interest as may be required by law, from the date when the same is due hereunder until the same shall be paid. Notwithstanding any dispute between the Lessor and the Lessee, the Lessee shall make all rental payments when due and shall not withhold any rental payments pending the final resolution of such dispute . In the event of a determination that the Lessee was not liable for said rental payments or any portion thereof, said payments or excess of payments, as the case may be, . shall , at the option of the Lessee, be credited against subsequent rental payments due hereunder or be refunded at the time of such determination. The Lessee covenants to take such action as may be necessary to include all such rental payments due hereunder in its annual budget and to make the necessary annual appropriations for all such rental payments . The Lessee will furnish to the Lessor and the Trustee copies of each proposed and final budget of the Lessee within ten ( 10) days after the filing or adoption thereof. The covenants on the part of the Lessee herein contained shall be deemed to be and shall be construed to be duties imposed by law and it shall be the duty of each and every public official of the Lessee to take F4 190 such action and do such things as are required by law in the performance of the official duty of such officials to enable the Lessee to carry out and perform the covenants and agreements in this Facility Lease agreed to be carried out and performed by the Lessee . Section 4. Condition of Project Phase II . The parties hereto agree that the Lessee is presently in possession of the Demised Premises and Project Phase II and that the Lessee accepts the Demised Premises and Project Phase II in their presently existing condition, and further warrants and holds harmless the Lessor against any defects presently existing therein. By entry hereunder upon commencement of the term of this lease Lessee accepts the premises as being in the condition in which Lessor is obligated to deliver the premises to Lessee. Section 5 . Maintenance, Utilities, Taxes and Assessments . Throughout the term of this lease, as part of the consideration for the rental of Project Phase II , all maintenance and repair of the Demised Premises and Project Phase II shall be the responsibility of the Lessee, and the Lessee shall pay for or otherwise arrange for the payment of all utility services supplied to the Demised Premises and Project Phase II , which shall include without limitation janitor service, power, gas, telephone, light, heating, water, security service, garbage and refuse removal and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of Project Phase II resulting from ordinary wear and tear or want of care on the part of the Lessee or any assignee or sublessee thereof . In exchange for the rentals herein provided, the Lessor agrees to provide only the Demised Premises and Project Phase II . The 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 the Lessee under the terms of this lease. The Lessee shall also pay to the Lessor such amounts in each year as shall be required by the Lessor for the payment of all taxes and assessments of any type or nature charged to the Lessor or the Trustee affecting the Demised Premises or Project Phase II or the respective interests or estates of the Lessee or the Lessor or the Trustee therein, or affecting the amount available to the Lessor from rentals received hereunder for the retirement of the Bonds ( including taxes or assessments assessed or levied F5 191 by any governmental agency or district having power to levy taxes or assessments) . Section 6. Changes to Project Phase II . The Lessee shall have the right during the term of this lease to make alterations or improvements or attach fixtures, structures or signs to the Demised Premises or Project Phase II if said alterations, improvements, fixtures, structures and signs are necessary or beneficial for the use of the Demised Premises or Project Phase II by the Lessee. Upon termination of this lease, the Lessee may remove any fixture, structure or sign added by the Lessee, but such removal shall be accomplished so as to leave Project Phase II , except for ordinary wear and tear, in substantially the same condition as it was in before the -fixture, structure or sign was attached. Section 7 . Fire, Extended Coverage and Earthquake Insurance . The Lessee shall procure or cause to be procured and maintain or cause to be maintained throughout the term of this lease insurance against loss or damage to any structures constituting any part of Project Phase II 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 at reasonable cost 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 Project Phase II , 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 $50, 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 Indenture and available for the purpose pursuant to the terms of the Indenture) , in the event of total or partial loss, to enable the Lessor either to retire all Bonds then outstanding or to restore such structures to the condition existing before such loss . F6 192 Section 8. Liability Insurance. Except as hereinafter provided, the Lessee shall procure or cause to be procured and maintain or cause to be maintained throughout the term of this lease, a standard comprehensive general liability insurance policy or policies in protection of the 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 Project Phase II, 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 the Lessee. As an alternative to providing the insurance required by the first paragraph of this section, the Lessee, with the written consent of the 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 Indenture. Section 9 . Rental I me r rupi on or Use and Occupancy Insurance . The Lessee shall procure or cause to be procured and maintain or causes to be ma.rtained, throughout the term of this lease, rental interruption or use and occupancy insurance to cover loss, total or partial , of the rental income from or the use of Pro)ect Phase : I as the result of any of they hazards covered. by the insurance required by Section 7 hereof . in an amcunt sufficient to pay the part of the total rant hereunder attributable to the portion of Project Phase Il rendered unusable (determined by reference to the proportion which the acqulsltion cost of such portion bears to they acquisition cost o; Fero;ect Phase II ) for a period of at least the t see originally allowed for construction of Project Phase II plass three (3 ) months, except that such insurance may be subject to a deductible clause of not to exceed the aggregate total rental payable during the first thirty ( 30) Maya of any loss and except that such insurance need be maintained as to the peril of F7 193 earthgrvake only if such insurance is available at reasonable cost on the open market from reputable insurance companies. Section 10. Insurance Proceeds; Form of Policies. All policies of insurance required by Sections 7 and 9 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 the 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 Indenture . All policies of insurance required by this lease shall be in form satisfactory to the Trustee and shall provide that the Trustee shall be given thirty (30) days notice of each expiration thereof or any intended cancellation thereof or reduction of the 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. The Lessee shall pay when due the premiums for all insurance policies required by this lease, and shall promptly furnish evidence of such payments to the Lessor and the Trustee. Section 11 . Default. ( a) If the Lessee shall fail to pay any rental payable hereunder when the same becomes due and payable, time being expressly declared to be of the essence of this lease, or the Lessee shall fail to keep, observe or perform any other term, covenant or condition contained herein to be kept or performed by the Lessee, or upon the happening of any of the events specified in subsection (b) of this section, the Lessee shall be deemed to be in default hereunder and it shall be lawful for the Lessor to exercise any and all remedies available pursuant to law or granted pursuant to this lease . Upon any such default, the Lessor, in addition to all other rights and remedies it may have at law, shall have the option to do any of the following: ( 1) To terminate this lease in the manner hereinafter provided on account of default by the Lessee, notwithstanding any re-entry or re-letting of Project Phase II as hereinafter provided for in subparagraph (2 ) hereof, and to re-enter Project Phase II and remove all persons in possession thereof and all personal property FS 194 whatsoever situated upon Project Phase II and place such personal property in storage in any warehouse or other suitable place in the County of Contra Costa, State of California. In the event of such termination, the Lessee agrees to surrender immediately possession of Project Phase II , without let or hindrance, and to pay the Lessor all damages recoverable at law that the Lessor may incur by reason of default by the Lessee, including, without limitation, any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon Project Phase II and removal or storage of such property by the Lessor or its duly authorized agents in accordance with the provisions herein contained. Neither notice to pay rent or to deliver up possession of Project Phase II given pursuant to law nor any entry or re-entry by the Lessor nor any proceeding in unlawful detainer, or otherwise, brought by the Lessor for the purpose of effecting such re-entry or obtaining possession of Project Phase II nor the appointment of a receiver upon initiative of the Lessor to protect the Lessor' s interest under this lease shall of itself operate to terminate this lease, and no termination of this lease on account of default by the Lessee shall be or become effective by operation of law or acts of the parties hereto, or unless and until the Lessor shall have given written notice to the Lessee of the election on the part of the Lessor to terminate this lease. The Lessee covenants and agrees that no surrender of Project Phase II or of the remainder of the term hereof or any termination of this lease shall be valid in any manner or for any purpose whatsoever unless stated or accepted by the Lessor by such written notice. (2 ) Without terminating this lease, (i ) to collect each installment of rent as it becomes due and enforce any other term or provision hereof to be kept or performed by the Lessee or (ii ) to exercise any and all rights of entry and re-entry upon Project Phase II . In the event the Lessor does not elect to terminate this lease in the manner provided for in subparagraph ( 1) hereof, the Lessee shall remain liable and agrees to keep or perform all covenants and conditions herein contained to be kept or performed by the Lessee and, if Project Phase II is not re-let, to pay the full amount of the rent to the end of the term of this lease or, in the event that Project Phase II is re-let, to pay any deficiency in rent that results therefrom; and further agrees to pay said rent and/or rent deficiency punctually at the same time and in the same manner as hereinabove provided for the payment of rent hereunder (without acceleration) , notwithstanding the fact that the Lessor F9 19 may have received in previous years or may receive thereafter in subsequent years rental in excess of the rental herein specified and notwithstanding any entry or re-entry by the Lessor or suit in unlawful detainer, or otherwise, brought by the Lessor for the purpose of effecting such re-entry or obtaining possession of Project Phase II . Should the Lessor elect to re-enter as herein provided, the Lessee hereby irrevocably appoints the Lessor as the agent and attorney-in-fact of the Lessee to re-let Project Phase II , or any part thereof, from time to time, either in the Lessor' s name or otherwise, upon such terms and conditions and for such use and period as the Lessor may deem advisable and to remove all persons in possession thereof and all personal property whatsoever situated upon Project Phase II and to place such personal property in storage in any warehouse or other suitable place in the County of Contra Costa, State of California, for the account of and at the expense of the Lessee, and the Lessee hereby exempts and agrees to save harmless the Lessor from any costs, loss or damage whatsoever arising out of, in connection with, or incident to any such re-entry upon and re-letting of Project Phase II and removal and storage of such property by the Lessor or its duly authorized agents in accordance with the provisions herein contained. The Lessee agrees that the terms of this lease constitute full and sufficient notice of the right of the Lessor to re-let Project Phase II in the event of such re-entry without effecting a surrender of this lease, and further agrees that no acts of the Lessor in effecting such re-letting shall constitute a surrender or termination of this lease irrespective of the use or the term for which such re-letting is made or the terms and conditions of such re-letting, or otherwise, but that, on the contrary, in the event of such default by the Lessee the right to terminate this lease shall vest in the Lessor to be effected in the sole and exclusive manner provided for in subparagraph ( 1) hereof. The Lessee further waives the right to rental obtained by the Lessor in excess of the rental herein specified and hereby conveys and releases such excess to the Lessor as compensation to the Lessor for its services in re-letting Project Phase II or any part thereof. The Lessee further agrees to pay the Lessor the cost of any alterations or additions to Project Phase II or any part thereof necessary to place Project Phase II or any part thereof in condition for re-letting immediately upon notice to the Lessee of the completion and installation of such additions or alterations. Flo 196 The Lessee hereby waives any and all claims for damages caused or which may be caused by the Lessor in re-entering and taking possession of Project Phase II as herein provided and all claims for damages that may result from the destruction of or injury to Project Phase II and all claims for damages to or loss of any property belonging to the Lessee, or any other person, that may be in or upon Project Phase II . Each and all of the remedies given to the Lessor hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the Lessor to any or all other remedies. The term "re-let" or "re-letting" as used in this Section shall include, but not be limited to, re-letting by means of the operation by the Lessor of Project Phase II . If any statute or rule of law validly shall limit the remedies given to the Lessor hereunder, the Lessor nevertheless shall be entitled to whatever remedies are allowable under any statute or rule of law. In the event the Lessor shall prevail in any action brought to enforce any of the terms and provisions of this lease, the Lessee agrees to pay a reasonable amount as and for attorney' s fees incurred by the Lessor in attempting to enforce any of the remedies available to the Lessor hereunder, whether or not a lawsuit has been filed and whether or not any lawsuit culminates in a judgment. (b) If ( 1) the Lessee' s interest in this lease or any part thereof be assigned or transferred without the written consent of the Lessor, either voluntarily or by operation of law or otherwise, or if (2 ) the Lessee or any assignee shall file any petition or institute any proceeding under the Bankruptcy Act, either as such Act now exists or under any amendment thereof which may hereafter be enacted, or under any act or acts, state or federal, dealing with or relating to the subject or subjects of bankruptcy or insolvency, or under any amendment of such act or acts, either as a bankrupt or as an insolvent or as a debtor or in any similar capacity, wherein or whereby the Lessee asks or seeks or prays to be adjudicated a bankrupt, or is to be discharged from any or all of the Lessee' s debts or obligations, or offers to the Lessee ' s creditors to effect a composition or extension of time to pay the Lessee' s debts or asks, seeks or prays for a reorganization or to effect a plan of reorganization, or for a readjustment of the Lessee' s debts, or for any other similar relief, or if any such petition or if any such proceedings of the same or similar kind or character be filed or be instituted or taken against the Lessee, or if a receiver of the business or of the F11 197 property or assets of the Lessee shall be appointed by any court, except a receiver appointed at the instance or request of the Lessor, or if the Lessee shall make a general or any assignment for the benefit of the Lessee' s creditors, or if (3 ) the Lessee shall abandon or vacate any part of Project Phase II (except pursuant to Section 24 hereof) , then the Lessee shall be deemed to be in default hereunder. (c) The Lessor shall in no event be in default in the performance of any of its obligations hereunder or imposed by any statute or rule of law unless and until the Lessor shall have failed to perform such obligations within thirty (30) days or such additional time as is reasonably required to correct any such default after notice by the Lessee to the Lessor properly specifying wherein the Lessor has failed to perform any such obligation. Section 12 . Eminent Domain. ( a) If the whole of the Demised Premises and Project Phase II shall be taken permanently under the power of eminent domain, the term of this lease shall cease as of the day possession shall be so taken. If less than the whole of the Demised Premises and Project Phase II shall be taken permanently, or if the whole of the Demised Premises and Project Phase II shall be taken temporarily, under the power of eminent domain, (1) this lease shall continue in full force and effect and shall not be terminated by virtue of such taking and the parties waive the benefit of any law to the contrary, and (2 ) there shall be a partial abatement of rent to be agreed upon by the Lessee and the Lessor, but in no event shall the rental be less than the amount required for the retirement of the Bonds and the payment of the interest thereon as such Bonds and interest become due. (b) So long as any of the Bonds shall be outstanding, any award made in eminent domain proceedings for taking or damaging the Demised Premises and Project Phase II in whole or in part shall be paid to the Trustee (or if there is no Trustee, to the Lessor) and applied as provided in the Indenture to the extent necessary to retire the Bonds. Any such award made after all of the Bonds have been fully paid and retired, or any portion of an award not necessary to pay and retire the Bonds, shall be paid to the Lessor and the Lessee as their respective interests may appear. Section 13 . - Surrender of Premises. Upon the termination or expiration of this lease (other than as provided in Section 11 hereof) , the Lessee shall surrender to the Lessor the Demised Premises, together E12 198 with Project Phase II and any other improvements thereon (except as provided in Section 24 hereof) , 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. Section 14. Right of Entry. The Lessor and its assignees shall have the right to enter the Demised Premises and Project Phase II 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 lease, and (c ) for all other lawful purposes . Section 15 . Liens. In the event the 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 Demised Premises or Project Phase II , the 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 Demised Premises or Project Phase II and which may be secured by any mechanic ' s, materialman' s or other lien against the Demised Premises or Project Phase II or the 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 the 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, the Lessee shall forthwith pay and discharge such judgment . Section lb . Quiet Enjoyment. The parties hereto mutually covenant that the Lessee, by keeping and performing the covenants and agreements herein contained, shall at all times during the term of this lease, peaceably and quietly, have, hold and enjoy the Demised Premises, and Project Phase II , without suit, trouble or hindrance from the Lessor. Section 17 . Lessor Not Liable . The Lessor and its directors, officers, agents and employees and the Trustee shall not be liable to the Lessee F13 199 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 Demised Premises or Project Phase II . The Lessee, to the extent permitted by law, shall indemnify and hold the 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 Demised Premises or Project Phase II , and, to the extent permitted by law, any extraordinary reasonable attorneys' fees and expenses not covered by the annual Additional Rental provided for in Section 3 (b) hereof incurred in connection with litigation against the Lessor challenging or questioning the validity of this Facility Lease or the Ponds. Section 18. Assignment. Neither this lease nor any interest of the Lessee hereunder shall be mortgaged, pledged, assigned, sublet or transferred by the Lessee by voluntary act or by operation of law or otherwise, except with the prior written consent of the Lessor, which shall not be unreasonably withheld. Section 19 . Title to Property. Title to the Demised Premises and Project Phase II and all structural additions thereto shall remain in the Lessor during the term of this lease. Title to all fixtures added to Project Phase II pursuant to Section 6 of this lease and to all personal property placed in or about Project Phase II by the Lessee shall remain in the Lessee. Section 20. Abatement of Rental . The rental shall be abated proportionately, during any period in which by reason of any damage or destruction (other than by condemnation which is hereinbefore provided for) there is substantial interference with the use and occupancy of the Demised Premises and Project Phase II by the Lessee, in the proportion in which the initial cost of that portion of the Demised Premises and Project Phase II rendered unusable bears to the initial cost of the whole of the Demised Premises and Project Phase II . Such abatement shall continue for the period commencing with such damage or destruction and ending with the substantial completion of the work of repair or reconstruction. In the event of any such damage or destruction, this lease shall continue in full force and effect and the Lessee waives any right to terminate this lease by virtue of any such damage or destruction. F14 200 Section 21 . Law Governing. This lease shall be governed exclusively by the provisions hereof and by the laws of the State of California as the same may from time to time exist. Section 22 . 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 the 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 the Lessee, addressed to the 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 23 . Validity and Severability. If for any reason this lease shall be held by a court of competent jurisdiction to be void, voidable, or unenforceable by the Lessor or by the Lessee, or if for any reason it is held by such a court that any of the covenants and conditions of the Lessee hereunder, including the covenant to pay rentals hereunder, is unenforceable for the full term hereof, then and in such event this lease is and shall be deemed to be a lease from year to year under which the rentals are to be paid by the Lessee semiannually in . consideration of the right of the Lessee to possess, occupy and use the Demised Premises and Project Phase II , and all of the rental and other terms, provisions and conditions of this lease, except to the extent that such terms, provisions and conditions are contrary to or inconsistent with such holding, shall remain in full force and effect . Section 24. Purpose of Lease; Option to Purchase; Personal Property. The Lessee covenants that during the term of this lease, except as hereinafter provided, ( a) it will use, or cause the use of, the Demised Premises and Project Phase II solely for public purposes a.-.d for the purposes for which the Project Phase II facilities are customarily used, and (b) it =I5 201 will not vacate or abandon Project Phase II or any part thereof . The Lessee shall have the option to purchase the Lessor' s interest IM any part of the Demised Premises and Project Phase iI upon payment of an option price equal to the aggregate amou.^.t for the entire remaining term of this lease of the part of the total rent hereunder attributable to such part o: Project Phase II (determined by reference to the proportion which the acquisition cost of such part of Project Phase 11 bears to the acquisition cost of all of Project Phase II ) . Upon the making of such payment, title to the Demised Pre^:ises and Project Phase II shall vest in the Lessee . The Lessee, in its discretion, may request the Lessor to sell or exchange any personal property which may at any time constitute a part of Project Phase II , and to release said personal property from this lease, if ( a) in the opinion of the Lessee the property so sold or exchanged is no longer required or useful in connection with the operation of Project Phase II , (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 Lessor, exceed the amount of $50, 000, the Lessor shall have been furnished a certificate of an independent engineer or other qualified independent professional consultant ( satisfactory to the Lessor) certifying the value thereof and further certifying that such property is no longer required or useful in connection with the operation of Project Phase II . In the event of any such sale, the full amount of the money consideration received for the personal property so sold and released shall be paid to the Lessor or, if the Indenture so requires, to the Trustee . Any money so paid to the Lessor or the Trustee may, so long as the Lessee is not in default under any of the provisions of this lease, be used upon the written request of the Lessee to purchase personal property, which property shall become a part of Project Phase II leased hereunder. To the extent required by the Indenture, the Trustee may require such opinions, certificates and other documents as it may deem necessary before permitting any sale or exchange of personal property subject to this lease or before releasing for the purchase of new personal property money received by it for personal property so sold. The Lessor may make any such sale or exchange as it may deem proper, subject to the terms of the Indenture. Section 25. Waiver. Failure of the Lessor to take advantage of any default on the part of the Lessee shall not be, or be F16 202 construed as, a waiver thereof, nor shall any custom or practice which may grow up between the parties in the course of administering this lease be construed to waive or to lessen the right of the Lessor to insist upon performance by the Lessee of any term, covenant or condition hereof, or to exercise any rights given the 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 26. Net Lease. This lease shall be deemed and construed to be a "net lease" and the Lessee hereby agrees that the rents provided for herein shall be an absolute net return to the Lessor, free and clear of any expenses, charges or setoffs whatsoever. Section 27 . Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this lease. Section 28. Execution. This lease 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 lease. It is also agreed that separate counterparts of this lease may separately be executed by the Lessor and the Lessee, all with the same force and effect as though the same counterpart had been executed by both the Lessor and the Lessee . IN WITNESS WHEREOF, the Lessor and the Lessee have caused this lease to be executed by their respective officers F17 203 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 COUNTY OF CONTRA COSTA, Lessee By Chair of the Board of Supervisors [ SEAL] Attest: J. R. Olsson, County Clerk and ex officio Clerk of the Board of Supervisors By Chief Clerk of the Board of Supervisors Approved as to form: County Counsel F18 204 EXHIBIT A PARCEL ONE ( 630 Court Street, Martinez, California) All that certain real property situate in the State of California, County of Contra Costa, City of Martinez, described as follows: A portion of Block 329 of the Additional Survey of Town of Martinez, as per maps thereof on file in the office of the Recorder of the County of Contra Costa, described as follows: Commencing at the southeast corner of Block 329; thence northerly along the west line of Court Street 101 feet; thence westerly and parallel with the north line of Main Street 30 feet; thence southerly and parallel with the west line of Court Street 101 feet to the north line of Main Street; thence east along the north line of Main Street, 30 feet to the point of beginning. PARCELS TWO AND THREE (40 Muir Road, Martinez, California) All that certain real property situate in the State of California, County of Contra Costa, City of Martinez, described as follows: PARCEL TWO Parcel B, as shown on the Parcel Map filed May .27, 1982 , in Book 101 of Parcel Maps, Page 17, Contra Costa County Records . PARCEL THREE Easements reserved as an appurtenance to Parcel Two above, in the deed from Duffel Financial and Construction Company, a corporation, recorded May 27, 1982 , in Book 10793 , Page 874, Official Records, Contra Costa County, as follows: "Four non-exclusive easements for ingress and egress as an appurtenance to the grantors remaining land to the north described as follows: F19 20� r ` A) A strip of land 22 feet in width, the centerline of which is described as follows: Beginning on the westerly line of Parcel One above distant North 29° 00 ' 00" East, 41 . 00 feet from the southwesterly corner thereof; thence from said point of beginning South 550 17 ' 22" East, 32 . 66 feet; thence North 290 00 ' 00" East, 70. 75 feet; thence South 610 00' 00" East, 204. 435 feet to a point hereinafter referred to as Point "A" ; thence continuing South 610 00 ' - 00" East, 57 . 865 feet to a point hereinafter referred to as Point "B" .. B) A strip of land 18 feet in width, the centerline of which is described as follows : Beginning at Point "A" referred to above; thence North 20° 28 ' 45" East, 119 . 74 feet to the southerly terminus of the line described as "South 20° 28 ' 45" West, 61 . 5 feet" in Parcel One above; thence continuing North 200 28 ' 45" East, along said line, 51 . 54 feet; thence North 290 00' 00" East, 67 . 72 feet. EXCEPTING THEREFROM: That portion of the above described 18 feet in width strip lying outside the boundaries of Parcel One above. C) A strip of land 18 feet in width, the centerline of which is described as follows : Beginning at point "B" referred to above; thence North 200 28 ' 45" East, 101 . 62 feet to a point on the line described as "South 690 31 ' 15" East, 21 . 5 feet" in Parcel One above, distant thereon North 69° 31 ' 15" West, 9 . 00 feet from the easterly terminus thereof. D) A strip of land 22 feet in width the centerline of which is described as follows: Beginning on the line described as "North 290 00 ' 00" East, 314. 32 feet" in Parcel One above distant thereon South 290 00 ' 00" West, 39 . 00 feet from the northerly terminus thereof; thence from said point of beginning South 610 00 ' 00" East, 56. 5 feet; thence North 290 00' 00" East, 66. 66 feet; thence northeasterly along a tangent -curve to the right, with a radius of 161 . 34 feet, through a central angle of 250 03 ' 28" , an arc distance of 70. 56 feet to a point on the line described as "South 35° 56' 32" East, 79 .24 feet" in Parcel One above. " F20 206 PARCEL FOUR (2970 Willow Pass Road, Concord, California) All that certain real property situate in the State of California, County of Contra Costa, City of Concord, described as follows : Parcel A, as shown on the Parcel Map, filed April 7, 1980, Book 85, Parcel Maps, Page 34, Contra Costa County Records . F21 207 State of California } } ss . County of Contra Costa } On this _ day of in the year 1983, 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 ] 2 `8. F22 State of California ) ss. County of Contra Costa ) On this day of in the year 1983 , before me, , the Deputy Clerk of the County of Contra Costa, State of California, duly commissioned and sworn, personally appeared , known to me to be the Chairman of the Board of Supervisors, and , known to me to the Chief 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. Jeanne O. Maglio, Deputy Clerk County of Contra Costa [Seal ] F23 209 Ria FORIM: PROPOSAL FOR PURCHASE OF CON'T`RA COSTA COtr,%-rV PUBLIC FACILITIES CORPORA7IO.N M3 RO%'BS. SMIES A Dace: Much 15. 1983 To CoP4-m^ CosTA Cmwn Pus c F^cmsT= Cca Kw*,rxr: - c'o 13d: Boar CmIcrence Room ( net, Herru%poa A S=hftc. A PrdesUon l CogVMWO &V hf0W$0St:rw Sar. Fram-two. Califrx= 94111 rJeWktten %r o(Yer to pstrrlsasc a.), tout " kis thin al,?. 53.8,50.000 pnwgW amount of Contra Costa County Public Facilities Corporatm 1963 Fkxids, Schcs A. ar= gaff:tr, Ict—, "-nbL-d in ;+amu Official Notice of Sak. which is incorporated bereats and muk a pan herrof. at the pie vilur t3artr+ � sctin wd tntmu thereon to due of delivey tt�i�w w�irt jk-m a diucv v J tstnkc out inapplicable clause). said interest to be pa`sbk at the rats rete panx.-ul.az-lti tet forih bcloy► A, A► UMN Raft � Ammo Rale 144 _ S 115.0m t 199: . . . . . . . . . . . . . VW.000 PRO* 1955 130,000 d-.SO qc 1993 . . . . . . . . . . . . 285.000 X.YA?% 19 140.000 4c.po% 1995 _ . . .. . . . . . . . . . 315.000 A.dO % i 9th' 160.000 Ar AM 1995 . . . . . . . . . . . . . 350,000 8480% 19" 1"S.t00 q;S'% 1996 . . . . . . . . . . . . . 395.000 f-4!9% 19" 195.0013 1991 . . . . . . . . . . . . . 425.000 Ft f 0% 1990 ' . «10.000 7t.75'% 1998 . . . . . . . . . . . . . 470.000 if.x4'0% 1991 231.i.ow A CYO% Out rsk-ula wn of the net twe"cost and net ancrcst nate.%bich are considend to be inforttuttive only and not a part of the bad. is as folkw►x Total Interest t.7/9� S/4e?. E0 ---�- (Leu Pmnuum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( t Plus Discount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Net Intern t Cunt. . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 4 4 . . . .5.��. 2 7!R 7-At, g7l Net Ittterev Rett. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Them is enclosed herewith a (certified) (cashier's)check for S38.500. payable to the order of the Corporation. Attached is a list of the members of our account on whose behalf this bid is made. Respectfully submitted, FIRST INTERSTATE BANK OF CALIFORNIA Name LEOR J11 F MA r FR S) Address for return of unsuccessful bid check: / ; M First Interstate Bank of Calif. By Melvin K. Lowe- 707 Wilshire Blvd. W12-1 Address 707 Wilshire Blvd, Los Angeles, California 90017 City Los Angeles Stat California 90017 2i % 7 of CalFirst nnn�teBank N2 3888697 rMw L.A. Headquarters Bond Department 707 Wilshire Blvd. Banc jos Angeles, cA 90017 Cashiers Check 1220 DATE Mare 15, 1983 PAY 8 �dYOci : s 38,500.00 r .� TO THE *CONTRA COSTA COUNTY PUBLIC ORDER OF FACILITIES CORPORATION, CALIF.* * . AUTHOR! ?D-I-G- URE 11903888697113 1: 1 2 2000 2 LB11: 2 9 50so, 98 9 SON• 211 a KID FORM: PROPOSAL FOR PURCHASE OF CONTRA COSTA COUNT' PUBLIC FACILI'T'IES CORPORATION 1983 BONDS, SERIES A Date: March 15, 1983 To: CONTRA COSTA COLINT1- PUHLIc FAciuTms CORPORATION c/o lath Floor Conference Room Orrick, Herrington & Sutcliffe, - A Professional Corporation 600 Montgomery Street San Francisco, California 94111 Gentlemen: We offer to purchase all. but not less than all. 53,850,000 principal amount of Contra Costa County Public Facilities Corporation 1983 Bonds, Series A, more particular]), described in your Official Notice of Sale, which is incorporated herein and m3dc a part hereof, at the par value thereof and ac terest thereon to date of delivery [together with a premium of S """' J [less a discount of S Z? strike out inapplicable clause), said interest to be payable at the rate more particularly set forth below: Maturing Principal Maturing Principal April Amount Rate April Amount Rate 1984 . .. . . . . .. . . . . $115,000 a00. % 1992 . . . . . . . . . . . . . S260,000 0% 1985 . . .. . . . . . . . .. 130,000 7.00% 1993 . . . . . . . . . . . . . 285,000 V.SV% 1986 . . . .. . . . . . . . . 140,000 100% 1994 .. . . . . .. . . . . . 315,000 920% 1987 . . . . . . . . . . . . . 160,000 Wo m 1995 . . . . . . . . . . . . . 350,000 g,9l� 1988 . . . . . . . . . . . . . 175,00 1.2 �% 1996 . . . . . . . . . . .. . 385,000 TOO% 1989 . . . . . . . . . . . . . 195,000 'fr' 1997 . . . . . . . . . . . . . 425,000 �r 1990 . . . . . . . . . . . . . 210,000 ?.7.C4 1998 . . . . . . . . . . . . . 470,000 9.-i% 1991 . . . . . . . . . . . . . 235,000 VV K Our calculation of the net interest cost and net interest rate, which arc considered to be informative only and not a part of the bid, is as follows: Total Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SJ3� (Less Premium) . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . .( ) Plus Discount . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . Net Interest Cost. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .S Net Interest Rate. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 % There is enclosed herewith a (certified) (cashier's) check for 538,500, pavable to the order of the Corporation. Attached is a list of the members of our account on whose behalf this bid is made. Respectfully submitted, Name CROCKER NATIONAL BANK Address for return of unsuccessful bid check: y Acc nt anagu CROCKER NATIONAL BANK By 1 MONTGOMERY STREET — in a L. i0ansou, avr SAN FRANCISCO, CA. 94104 City SAN FRANCISCO State— CALIFORNIA - - 212 f t ►�' CROCRER RRTl0nRL BRnK 1"0 SECURITY CASHIERING SAN FRANCISCO.CALIFORNIA 411M 00001170 DATE 3/14/83 PAY TO THE $ oanER OF: Contra Costa Co. PIIblic ,Facilities Corp********** 389,500.00*********** ' �e�fi�i�. ?�? �, 83 0 C)dol's 0 0 cts DOLLARS CASHIER'S CHECK A MOf= NATURE 060000 1170,10 1: C &016100081: 900750080040 & & 213 BID FORM: PROPOSAL FOR PURCHASE OF CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 1983 BONDS, SERIES A Date: March 15, 1983 To: CONTRA COSTA COUNTY Pusuc Fmm=Es CoRmRATtoN _ c/o 13th Floor Conference Room Orrick, Herrington & Sutcliffe, A Professional Corporation 600 Montgomery Street San Francisco, California 94111 Gentlemen: We offer to purchase all,but not less than all,$3,850,000 principal amount of Contra Costa County Public Facilities Corporation 1983 Bonds, Series A, more particularly described in your Official Notice of Sale, which is incorporated herein and made a part hereof, at the par value thereof and accrued interest thereon to date of delivery iteSethet %vi�- jless a discount of$-710 141• 'LO] (strike out inapplicable clause), said interest to be payable at the tate more particularly set forth below: Maturing Principal Maturing Principal April Amount Rate April Amount Rate 1984 . . . . . . . . . . . . . $115,000 7:QQ % 1992 . . . . . . . . . . . . . $260,000 0-4p% 1985 . . . . . . . . . . . . . 130,000 7:Q0 % 1993 . . . . . . . . . . . . . 285,000 8:' f)% 1986 . . . . . . . . . . . . . 140,000 7,00% 1994 . . . . . . . . . . . . . 315,000 8:fpo% 1987 . . . . . . . . . . . . . 160,000 'Loo% 1995 . . . . . . . . . . . . . 350,000 $:80% 1988 . . . . . . . . . . . . . 175,000 7-a-% 1996 . . . . . . . . . . . . . 385,000 8.4m 1989 . . . . . . . . . . . . . 195,000 1 fP% 1997 . . . . . . . . . . . . . 425,000 9.99% 1990 . . . . . . . . . . . . . 210,000 7..74r% 1998 . . . . . . . . . . . . . 470,000 9,P0% 1991 . . . . . . . . . . . . . 235,000 &W% Our calculation of the net interest cost and net interest rate,which are considered to be informative only and not a part of the bid, is as follows: Total Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .s 31 2 30,2 7"2. 10 .4 ass Eicniu;4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 0 ) Plus Discount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -7 1 /'-?1. ao Net Interest Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ,3 30 1 , 5F 6 8.70 Net Interest Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18. 1 f 4 J' % There is enclosed herewith a (MHR81BXcashier's) check for$38,500, payable to the order of the Corporation. Attached is a list of the members of our account on whose behalf this bid is made. Respectfully submitted, Name Bank of America NT & SA f,r Address for return of unsuccessful bid check: wi� Tnt A/ & AAAJ Bank of America NT & SA BY Muni. Bond Dept. X3308 Michael J. orre, Vice res ent --P, 0. Box 37003 Andres loot San Francisco, California 94137 City San Francisco State California 214 BANKOFAMERICA MUNICIPAL.BOND DEPARTMENT _ $3,850,000 CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 1983 BONDS, SERIES A SELLING TUESDAY, MARCH 15, 1983 MEMBERSHIP Bank of America NT b SA ) Merrill Lynch White Weld ) Joint Capital Markets Group ) Managers Blyth Eastman Paine Webber Incorporated ) Dean Witter Reynolds Inc. ) E. F. Hutton & Company Inc. ) A. G. Becker Incorporated ) L. F. Rothschild, Unterberg, Tawbin Stone & Youngberg Bateman Eichler, Hill Richards Incorporated California Municipal Investors MuniciCorp of California Sutro & Co. Incorporated Spelman & Co. , Inc. 210 BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION 0 BANK INVESTMENT SECURITIES DNISION • BOX 37003•SAN FRANCISCO,CALIFORNIA 94137 v-0127—BNR "IK atvfOMENT sUM*MU DMISM NO. 3300 03489 wank jof Amerint NATIONAL 12.YAIp=AssOC1ATMU SM FRANCISCO. CALIFORNIA D&m MARCH I5, I983 p''`o cw CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 38,500.00 u800 3 48 90 t: 1 21000 3 58t: 3 3008=B 5100us 216 CCc-16b 2390s 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 March 15, 1983 agreed to assign such portion of said contract as shall relate to the 1983 Bonds of Series A of Contra Costa County Public Facilities Corporation (the "Corporation" ) and all of its rights thereunder as shall relate to the 1983 Bonds of Series A of the Corporation to 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 1983 Bonds of Series A 217 f of the Corporation, and all of its rights thereunder as shall relate to the 1983 Bonds of Series A of the Corporation. Dated: April 1983 . COUNTY OF CONTRA COSTA By__ Chairman of the Board of Supervisors By Clerk of the Board of Supervisors 2 21S J t 1 _ 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 1983 Bonds of Series A of the Corporation, but only to the extent that the funds deposited with Bank of America National Trust and Savings Association, as trustee under the Indenture dated April 1, 1983 between said trustee and the Corporation, are available therefor. Dated: April 1983 . CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION By President [ SEAL] Attest: Secretary 3 219 CONSENT TO ASSIGNMENT The undersigned, Orrick, Herrington & Sutcliffe, A Professional Corporation, hereby consents to the above assignment. Dated: April 1983 . ORRICK, HERRINGTON & SUTCLIFFE, A Professional Corporation By 4 220 CCc-16c 2388s ASSIGNMENT OF FINANCING CONSULTANTS' CONTRACT WHEREAS, the County of Contra Costa (the "County" ) and Bank of America National Trust and Savings Association (the "Financing Consultants" ) , have entered into a contract, approved July 28, 1981, pursuant to which the Financing Consultants agreed to render consulting services with respect to the financing of public facilities in the County; and WHEREAS, the Board of Supervisors of the County on March 15, 1983 agreed to assign such portion of said contract as shall relate to the 1983 Bonds of Series A of Contra Costa County Public Facilities Corporation (the "Corporation" ) and all of its rights thereunder as shall relate to the 1983 Bonds of Series A of the Corporation to 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 Financing Consultants, approved July 28, 1981, as shall relate to the 1983 Bonds of Series A of the Corporation, and all of its rights thereunder 221 as shall relate to the 1983 Bonds of Series A of the Corporation. Dated: April If 1983 . COUNTY OF CONTRA COSTA By Chairman of the Board of Supervisors By Clerk of the Board of Supervisors 2 222 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 Financing Consultants thereunder in connection with the issuance and sale of the 1983 Bonds of Series A of the Corporation, but only to the extent that the funds deposited with Bank of America National Trust and Savings Association, as trustee under the Indenture dated April 1, 1983 between said trustee and the Corporation, are available therefor. Dated: April 1983 . CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION By President [ SEAL] Attest: Secretary 3 223 r - CONSENT TO ASSIGNMENT The undersigned, Bank of America National Trust and Savings Association, hereby consents to the above assignment. Dated: April 1983 . BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION By 4 - 224 CCc-16d 2257s # 1-28-83 Draft ASSIGNMENT OF INTERESTS IN LEASE AND IN OPTIONS TO PURCHASE REAL PROPERTY WHEREAS, Keller Development Company and Earl D. Dunivan and Joanne Dunivan, lessors, and the County of Contra Costa, lessee (the "County" ) , have entered into a lease dated November 23 , 1976, of property generally known as 630 Court Street, Martinez, California, as amended; WHEREAS, Duffel Financial and Construction Company, owner, and the County, optionee, have entered into an Option to Purchase Real Property, dated January 25, 1983, of property generally known as 40 Muir Road, Martinez, California; WHEREAS, William H. Moran and Dorothy J. Moran, owner, and the County, optionee, have entered into an Option to Purchase Real Property, dated December 7, 1982, of property generally known as 2970 Willow Pass Road, Concord, California; WHEREAS, the Board of Supervisors of the County has agreed to assign its interests in said lease and said options and all of its rights thereunder to and has agreed to accept said assignment; NOW, THEREFORE, The undersigned County for value received hereby assigns to (a) all of its interest in that certain lease between Keller 225 Development Company and Earl D. Dunivan and Joanne Dunivan, lessors, and the County of Contra Costa, lessee, dated November 23, 1976, as amended, and all of its rights thereunder, (b) all of its interests in that certain Option to Purchase Real Property, from Duffel Financial and Construction Company, optionor, to the County, optionee, dated January 25, 1983 , and all of its rights thereunder, and (c) all of its interests in that certain Option to Purchase Real Property, from William H. Moran and Dorothy J. Moran, optionors, to the County, optionee, dated December 7, 1982, and all of its rights thereunder. Dated: 1983 . COUNTY OF CONTRA COSTA ( SEAL I Chairman of the Board of Supervisors A+1.est . _...._�._ C-h-1 e: Clerk of the�... �..d�........ Board of Supers•: sora State of California } } ss. County of Contra Costa } On this day of in the year 1983 , before me, Jeanne O. Maglio, a Deputy Clerk of the County of Contra Costa, State of California, duly commissioned and sworn, personally appeared , known to me to be the Chairman of the Board of Supervisors, and J. known to me to be the Chief 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. Jeanne O. Maglio, Deputy Clerk County of Contra Costa [ SEAL] a 3 r t ACCEPTANCE OF ASSIGNMENT The undersigned, hereby accepts the above assignment. Dated: , 1983 . By President [ SEAL] Attest: Secretary 4 22S State of California ) ss. County of Contra Costa ) On this day of in the year 1983 , 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 J. known to me to be the Secretary, of 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 ] 5 229 P CCC-9 2256s _ 1-28-83 Draft DEED OF GIFT (Project Phase II ) 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 from April 1, 1983, in and to said property; subject, however, to the condition subsequent that if prior to April 1, 2003 all bonds, notes and other indebtedness of the Grantor incurred to acquire, finance and refinance real property, as described in a Facility Lease (Project Phase II ) between said Grantor and said Grantee dated as of April 1, 1983 , shall be fully paid and retired, the aforesaid estate for years reserved herein by said Grantor shall terminate and title to the aforesaid t 230 real property, together with all improvements thereon, shall vest in said Grantee. Dated as of April 1, 1983 . President [ SEAL] Attest: Secretary 2 231 t EXHIBIT A PARCEL ONE ( 630 Court Street, Martinez, California) All that certain real property situate in the State of California, County of Contra Costa, City of Martinez, described as follows : A portion of Block 329 of the Additional Survey of Town of Martinez, as per maps thereof on file in the office of the Recorder of the County of Contra Costa, described as follows: Commencing at the southeast corner of Block 329; thence northerly along the west line of Court Street 101 feet; thence westerly and parallel with the north line of Main Street 30 feet; thence southerly and parallel with the west line of Court Street 101 feet to the north line of Main Street; thence east along the north line of Main Street, 30 feet to the point of beginning. PARCELS TWO AND THREE (40 Muir Road, Martinez, California) All that certain real property situate in the State of California, County of Contra Costa, City of Martinez, described as follows : PARCEL TWO P--;rcel B, as shown on the Parcel Map filed May 27 , 1982 , in 101 of Parcel Maps, Page 17, Contra Costa County Records. PARCEL THREE Easements reserved as an appurtenance to Parcel Two above, in the deed from Duffel Financial and Construction Company, a corporation, recorded May 27, 1982 , in Book 10793 , Page 874, Official Records, Contra Costa County, as follows: "Four non-exclusive easements for ingress and egress as an appurtenance to the grantors remaining land to the north described as follows : Exhibit A 232 Page 1 of 3 f A) A strip of land 22 feet in width, the centerline of which is described as follows: Beginning on the westerly line of Parcel One above distant North 290 00 ' 00" East, 41 . 00 feet from the southwesterly corner thereof; thence from said point of beginning South 550 17 ' 22" East, 32 . 66 feet; thence North 290 00 ' 00" East, 70 . 75 feet; thence South 61° 00' 00" East, 204 . 435 feet to a point hereinafter referred to as Point "A" ; thence continuing South 610 00 ' 00" East, 57 . 865 feet to a point hereinafter referred to as Point "B" . B) A strip of land 18 feet in width, the centerline of which is described as follows : Beginning at Point "A" referred to above; thence North 200 28 ' 45" East, 119 . 74 feet to the southerly terminus of the line described as "South 200 28 ' 45" West, 61 . 5 feet" in Parcel One above; thence continuing North 20" 28' 45" East, along said line, 51 . 54 feet; thence North 29° 00' 00" East, 67 . 72 feet. EXCEPTING THEREFROM: That portion of the above described 18 feet in width strip lying outside the boundaries of Parcel One above . C) A strip of land 18 feet in width, the centerline of which is described as follows : Beginning at point "B" referred to above; thence North 200 28 ' 45" East, 101 . 62 feet to a point on the line described as "South 690 31 ' 15" East, 21 . 5 feet" in Parcel One above, distant thereon North 690 31 ' 15" West, 9 . 00 feet from the easterly terminus thereof. D) A strip of land 22 feet in width the centerline of which is described as follows : Beginning on the line described as "North 290 00' 00" East, 314. 32 feet" in Parcel One above distant thereon South 290 00' 00" West, 39 . 00 feet from the northerly terminus thereof; thence from said point of beginning South 610 00' 00" East, 56. 5 feet; thence North 290 00' 00" East, 66. 66 feet; thence northeasterly along a tangent curve to the right, with a radius of 161 . 34 feet, through a central angle of 25° 03 ' 28" , an arc distance of 70. 56 feet to a point on the line described as "South 350 56' 32" East, 79 .24 feet" in Parcel One above . " Exhibit A Page 2 of 3 233 c PARCEL FOUR (2970 Willow Pass Road, Concord, California) All that certain real property situate in the State of California, County of Contra Costa, City of Concord, described as follows : Parcel A, as shown on the Parcel Map, filed April 7, 1980, Book 85, Parcel Maps, Page 34, Contra Costa County Records . £x..:ibs i. A 234 Page 3 of 3 K State o.4 ss . Cry A, .y 4 f Co r a Costa } Can this day of in the year 1983, before re , 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 , 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 ] 235) s CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the document entitled Deed of Gift (Project Phase II ) and dated as of April 1, 1983 , from J. a corporation incorporated under the laws of the State of California, to Contra Costa County, a political subdivision of the State of California, is hereby accepted by order of its Board of Supervisors on March 15, 1983, and the grantee consents to recordation thereof by its duly authorized officer. Dated: 1983 . J. R. OLSSON, County Clerk and Ex Officio Clerk of the Grantee By Deputy 236 OFFICIAL STATEMENT r NEW ISSUE In the opinion of Bond Counsel, interest on the Bonds will be exempt from present Federal income taxes and from present State of California personal income tares under eristing statutes, regulations and court decisions. $398509000 CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION Contra Costa County, California 1983 BONDS, SERIES A The 1953 Bonds. Series A will be awarded pursuant to competitive bidding, as set forth in the Official Notice of Sale, to be held at 9:00 A.M. Tuesday, March 15, 1983 at the office of Orrick, Herrington&Sutcliffe, A Professional Corporation, 13th Floor Conference Room, 600 Montgomery Street, San Francisco,California 94111. The 1983 Bonds, Series A are offered subject to the approval as to their legality by Orrick, Herrington & Sutcliffe, A Professional Corporation, San Francisco, California, Bond Counsel. Certain legal matters will be passed upon by the County Counsel. It is anticipated that the 1983 Bonds, Series A in definitive form will be available for delivery in San Francisco approximately 30 days after award. February 9, 1983 237 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 gii,en or made,such other information or representation must not be relied upon as having been authorized by any of theforegoing.This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the Bonds by a person in any jurisdiction in which it is unlanful for such person to make such an ojj`er,solicitation or sale. This Official Statement is not to be construed as a contract tivith the purchasers of the Bonds. Statements contained in this Official Statement which involve estimates,forecasts or matters of opinion,whether or not expressly so described herein,are intended solely as such and are not to be construed as a representation offacts.The information and expressions of opinions herein are subject to change without notice and neither delivery of this Official Statement nor any sale made hereunder shall, under any circumstances,create any 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 not be reproduced or used, in whole or in part,for any other purpose. TABLE OF CONTENTS Page Page County Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vii Creation of Special Funds. .. . . .. . .. . . . . . . ... . ... . . . 8 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . I Disposition of Bond Proceeds and Other Moneys. . . . . .. 8 Revenue Fund.. . . .. .. . . . . . . .. .. .. .. . . . . . .. . . . .. . 8 The Corporation . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 2 Corporate Operation Fund . . . . . . . . . . . .. . . . . .. . .. . . . 9 Purposes and Powers. . . . .. . . . . . . . . . . . . . . . . .. . . . . . . 2 Investment of Funds ... . ... . . . ... . . . . . . . . . . . .. . ... 9 Organization . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 2 Additional Series of Bonds. .. . ... . . ... . .. ... . .. . . . . 10 The Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Title Insurance.. . . .. .. .. . . .. . . ... . . . . . ... . . . . . . . .10 Authority of Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Fire and Extended Coverage Insurance . . . . . .. .. . .. . .. 10 Purpose of Issue . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . Earthquake Insurance .. .... .. . .. . .. . . .. .. . . . . . . . .. 10 Sale of Bonds . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . Use and Occupancy Insurance . . . . ... . . . . . . . . .. . . . . . 10 Description of Bonds . . . . . . . . . . . . . . . . . .. .. .. . . . . . . 2 Public Liability Insurance.. . .. . . .. .. .. . ... ... . . . . . . 11 Interest . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . 3 Eminent Domain.. . . .... .. . . .. .. .. .. . . . .. . .. .. ... 11 Form, Denomination, and Registration . . . . . . . . . . . . . . . 3 Non-Liability of Individuals. . . . . . .. . . . . . . . . . . . . . . . . 11 Redemption Provisions. . . . . . . . . . . .. . . . . . . . . . . . . . . . 3 Additional Covenants . . . .. . . . .. . . . . . . ... . . .. . . . . .. 11 Notice of Redemption. . . . . . . . .. . . . . .. . . . . . . . . . . . . . 3 Remedies on Default. . .. . . . . ... . . . . . .. .. .. . . . . . . . .12 Trustee . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . 3 The Project . . . . . . . . .. . . .. . . ... . . . . . . . .. . . . . . . . ... .12 Security of the Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Estimated Project Costs and Uses of Funds .. . . . . . . ... . 13 Limitation of Remedies . . . . . . . . . . . . . . . .. . . . . . . . .. . 4 Estimated Annual Bond Service. .. .. . . ... . . . . . . . .. . . 13 Resale in States other than California . . . . . . . . . . . . . . . . 4 Future Financing Plans . . . .. .. . . .. .. . . . . . . . . . . . . . ..14 Legal Opinion. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 4 County Financial Information. . . . . . .... . . . . . . . . . . . . . . . 14 Tax Exempt Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Litigation . . 5 Constitutional Limitations on Taxes CUSIP Numbers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 and Appropriations . . . ... . . . . . ... .. . . .. .. .. . . . .... . 15 Underwriting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 5 Ad Valorem Property Taxes ... .. . . . . . . ... . .. . . . . .. . . . 16 Ratings .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Largest Taxpayers . .... . . . .. ... .. . . . . .. . . . . .. . . . . . 17 Additional Information. . . . . . . . . . . . . . . . . . . . . . .. . . . . 5 Redevelopment Agencies .. . . . . . . . . .. . . . . .. . . . . . . . . 18 Deed of Gift . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Self-Insurance Program . . . . . . . . . . . . . . . . . . . . . . .. . . . 18 Historical Statements . .. . . . . .. . . . . . . . . . . . . . . . . .. . . 19 Facility Lease (Project Phase 11). . . . . . . .. . . . . . . . . . . . . .. 6 County Budgets. . ....... . . . . . .. . . . . . . . .. . . . . . . . ..21 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Effects of Cutbacks and Recession. . . ... . . . . . ... . . . ..21 Commencement of Rent. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Employees —Salary Adjustments. . . . . . . . . . .. . . . . . . .21 Rental . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Retirement Programs . . . . ... . . . . . . . . . . . . . . . .. . . . . .22 Base Rental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Long Term Obligations. . . . . . . . .. . . . .. . . . . . . . . . . . . .22 Additional Rental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Overlapping Debt. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . .23 County Provision of Rent. . . . . . . . . . . . . . . . . . . . . . . . . . 6 The County. . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. . .25 Abatement of Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 County Government. . .. . . .. . . .. . . . .. . .. . . . . . . . . . .25 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Industry and Employment . . . . . . . . . . . . . . .. .. . .. . . .25 Maintenance, Utilities, Taxes and Assc.;ments . . . . . . . . 7 Environmental Control Services . . . . . . . . . . . . . . . . . . .28 Eminent Domain Proceedings . . . . . . . . . . . . . . . . . . . . . . 7 Population . . . . . . . . . . . .. . . . . . . .. . . .. . . . . . . .. . . . .28 Option to Purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commercial Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Default by County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Construction Activit 30 Termination and Disposition of Project . . . . . . . . . . . . . . . 7 y' Transportation . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . .31 The Indenture . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 8 Agriculture . . . . . . .:. .. . . . . .. . .. . . . . .. . . .. .. . . . . .31 The Trustee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 8 Education and Community Services. .. . . .. . . . .. . .. .. .31 Bank of America NT&SA has acted as financing consultant to the Corporation.Bank ofAmerica will receive compensation from the Corporation contingent upon sale and delivery of the Bonds. The County of Contra Costa and the Corporation have consented to Bank of America's bidding on this c ffering if it so wishes. l! 238 BID FORM: PROPOSAL FOR PURCHASE OF CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 1983 BONDS, SERIES A Date: March 15, 1983 To: CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION c/o 13th Floor Conference Room Orrick, Herrington & Sutcliffe, A Professional Corporation 600 Montgomery Street San Francisco, California 94111 Gentlemen: We offer to purchase all, but not less than all, $3,850,000 principal amount of Contra Costa County Public Facilities Corporation 1983 Bonds, Series A, more particularly described in your Official Notice of Sale, which is incorporated herein and made a part hereof, at the par value thereof and accrued interest thereon to date of delivery [together with a premium of $ ] [less a discount of $ ] (strike out inapplicable clause), said interest to be payable at the rate more particularly set forth below: Maturing Principal Maturing Principal April Amount Rate April Amount Rate 1984 . . . . . . . . . . . . . $115,000 . . . . % 1992 . . . . . . . . . . . . . $260,000 . . . . % 1985 . . . . . . . . . . . . . 130,000 . . . . % 1993 . . . . . . . . . . . . . 285,000 . . . . % 1986 . . . . . . . . . . . . . 140,000 . . . . % 1994 . . . . . . . . . . . . . 315,000 . . . . % 1987 . . . . . . . . . . . . . 160,000 . . . . % 1995 . . . . . . . . . . . . . 350,000 . . . . % 1988 . . . . . . . . . . . . . 175,000 . . . . % 1996 . . . . . . . . . . . . . 385,000 . . . . % 1989 . . . . . . . . . . . . . 195,000 . . . . % 1997 . . . . . . . . . . . . . 425,000 . . . . % 1990 . . . . . . . . . . . . . 210,000 . . . . % 1998 . . . . . . . . . . . . . 470,000 . . . . % 1991 . . . . . . . . . . . . . 235,000 . . . . % Our calculation of the net interest cost and net interest rate, which are considered to be informative only and not a part of the bid, is as follows: Total Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ (Less Premium) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( ) Plus Discount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Net Interest Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Net Interest Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % There is enclosed herewith a (certified) (cashier's) check for$38,500, payable to the order of the Corporation. Attached is a list of the members of our account on whose behalf this bid is made. Respectfully submitted, Name Address for return of unsuccessful bid check: Account Manager By Address City State 23 OFFICIAL NOTICE OF SALE $3,850,000 CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 1983 BONDS, SERIES A NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Board of Directors of Contra Costa County Public Facilities Corporation (herein called the "Corporation") at the 13th Floor Conference Room, Orrick. Herrington & Sutcliffe. A Professional Corporation, 600 Montgomery Street, San Francisco, California 94111, on Tuesday, March 15, 1983 at 9:00 A.M. California time for the purchase of $3,850,000 principal amount of bonds of the Corporation designated "Contra Costa County Public Facilities Corporation 1983 Bonds, Series A" (herein called the "bonds"), to be issued under an indenture, dated as of April 1, 1983 (herein called the "Indenture"), to be entered into between the Corporation and Bank of America National Trust and Savings Association, as trustee (herein called the "Trustee"). The bonds are generally described as follows: ISSUE: $3,850,000, consisting of 770 coupon bonds in the denomination of $5,000 each (or fully registered bonds in denominations of$5,000 or multiples thereof), all dated April 1, 1983, and comprising all of the bonds of said authorized issue. Additional bonds may be issued on a parity with the bonds on the terms and subject to the conditions set forth in the Indenture. INTEREST RATE: There is no maximum limit on the coupon interest rate bid. Interest is payable semiannually on April 1 and October i of each year. Bidders must specify the rate or rates of interest which the bonds hereby offered for sale shall bear. Bidders will be permitted to bid different rates of interest: but (i) the maximum differential between the highest and lowest coupon rates specified in any bid shall not exceed two per cent (2%) per annum: 60 each interest rate specified in any bid must be in a multiple of one-twentieth of one per cent per annum and a zero rate of interest cannot be specified: (iii) no bond shall bear more than one rate of interest, no interest payment shall be evidenced by more than one coupon and supplemental coupons will not be permitted;6v)each bund shall bear interest from its date to its stated maturity date at the interest rate specified in the bid, (v)all bonds maturing at any one time shall bear the same rate of interest;(vi)any premium must be paid as part of the purchase price, and no bid %will be accepted which contemplates the cancellation of any interest coupons, or the waiver of any interest or other concession by the bidder as a substitute for payment in full of the purchase price; (vii) any discount bid shall be stated as a specific sum not exceeding 577,000; and (viii) the interest rate on the bunds maturing in each year beginning on or q/terApril 1, 199.1 must either be the same as or higher than the interest rate oil the bonds maturing in the preceding year. MATURITIES: The Bonds «vitt mature serially on April I in each of the years. and in the amounts, as follows: Mxturit♦ Nlaturit% Date Principal Date Principal ! pE t Amount April 1 Amount 1984 . . . . . . . . . . . . . . . . . $I 15.0(X) 1992 . . . . . . . . . . . . . . . . . $260.000 1985 . . . . . . . . . . . . . . . . . 130.010 1993 . . . . . . . . . . . . . . . . . 285.000 1986 . . . . . . . . . . . . . . . . . 140,01x) 1994 . . . . . . . . . . . . . . . . . 315.000 1987 . . . . . . . . . . . . . . . . . I60.0W) 1995 . . . . . . . . . . . . . . . . . 350.000 1988 . . . . . . . . . . . . . . . . . 175.(xlt) 1996 . . . . . . . . . . . . . . . . . 385.000 1989 . . . . 195,000 1997 . . . . . . . . . . . . . . . . . 425.000 1990 . . . . . . . . . . . . . . . . . 210.01)(► 1998 . . . . . . . . . . . . . . . . . 470.000 1991 . . . . . . . . . . . . . . . . . 235,000 240 REDEMPTION: The Corporation shall have the right, under the circumstances prescribed in the Indenture, to redeem bonds from proceeds of insurance or proceeds of eminent domain proceedings, upon the terms and conditions set forth in the Indenture, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, without premium. Bonds due on or before April 1. 1993 are not otherwise subject to redemption before their respective stated maturities. Bonds due on or after April 1, 1994 are also subject to j redemption prior to their respective stated maturities, at the option of the Corporation, as a whole, or in part in inverse order of maturities and by lot within any such maturity if less than all of the bonds of such maturity be redeemed, from any source of available funds, on any interest payment date on or after April 1, 1993, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, plus a premium of one- fourth of one per cent W4 of 1%) of such principal amount for each whole year or fraction thereof remaining between the date fixed for redemption and their respective stated maturities. PAYMENT: Both principal and interest are payable in lawful money of the United States of America at the principal corporate trust office of the Trustee in San Francisco,California,or, in the case of coupon bonds,at the option of the holder, at the principal office of BankAmerica Trust Company of New York, in New York, New York. REGISTRATION: The bonds may be issued in coupon form or in fully registered form, and will be interchangeable upon the terms set forth in the Indenture. PURPOSE: The bonds are to be issued to finance the acquisition of two office buildings located in Martinez, California, and one office building located in Concord. California, for lease to the County of Contra Costa, California (herein called the "County"). SECURITY: The bonds are to be secured by the Indenture, pursuant to which the Corporation will transfer to the Trustee an estate for years to be reserved by the Corporation, as grantor, under a deed entitled "Deed of Gift (Project Phase II)," to be executed by the Corporation and recorded with the County Recorder, and all of the right, title and interest of the Corporation in a lease entitled "Facility Lease(Project Phase II)," to be entered into by the Corporation and the County. Rentals to be payable by the County under said Facility Lease (Project Phase II) shall constitute the primary source of funds of the Corporation for the payment of the bonds. TAX EXEMPT STATUS: In the event that prior to the delivery of the bonds (a) the income received by private holders from bonds of the same type and character shall be declared to be taxable (either at the time of such declaration or at any future date) under any federal income tax law, either by the terms of such law or by ruling of a federal income tax authority or official which is followed by the InternaYRevenue Service, or by decision of any federal court, or(b)any federal income tax law is adopted which will have a substantial adverse tax effect upon holders of the bonds as such, the successful bidder may, at his option, prior to the tender of said bonds by the Corporation, be relieved of his obligation under the contract to purchase the bonds, and in such case the deposit accompanying his bid will be returned. LEGAL OPINION: The legal opinion of Orrick, Herrington&Sutcliffe,A Professional Corporation, of San Francisco, California, approving the validity of the bonds, will be furnished to the successful bidder without cost. A copy of the legal opinion, certified by the official in whose office the original is filed, will be printed on each bond without charge to the successful bidder. TERMS OF SALE Highest Bid: The bonds will be awarded to the highest responsible bidder, considering the interest rate or rates specified and the premium offered or discount bid, if any. The highest bid will be determined by deducting the amount of the premium offered, if any, from, or by adding the amount of discount bid, if any, to, the total amount of interest which the Corporation would be required to pay from the date of the bonds to their respective maturity dates at the coupon rate or rates specified in the bid, and the award will be made on the basis of the lowest net interest cost to the Corporation. No bid for the purchase of the bonds may specify a discount greater than $77,000. The purchaser must pay accrued interest, computed on a 360-day year basis, from the date of the bonds to the date of delivery. The cost of printing the bonds will be borne by the Corporation. iv 241 Right of Rejection: The Corporation reserves the right, in its discretion,to reject any and all bids and to waive any irregularity or informality in any bid. Prompt Award: The Corporation will take action awarding the bonds or rejecting all bids not later than twenty-six(26)•hours after the expiration of the time herein prescribed for the receipt of bids,unless such time of award is waived by the successful bidder. Notice of the award will be given promptly to the successful bidder. Delivery and Payment: Delivery of the bonds will be made to the successful bidder at the principal corporate trust office of the Trustee in San Francisco, California, as soon as the bonds can be prepared, which it is estimated will be within 30 days from the date of sale. Payment for the bonds must be made in immediate San Francisco funds. Any expense of providing immediate San Francisco funds, whether by transfer of Federal Reserve Bank funds or otherwise, shall be borne by the purchaser. Right of Cancellation: The successful bidder shall have the right, at his option, to cancel the contract of purchase if the Corporation shall fail to execute the bonds and tender the same for delivery within 60 days from the date of sale thereof, and in such event the successful bidder shall be entitled to the return of the deposit accompanying his bid. Form of Bid: All bids must be for less than par for all of the bonds hereby offered for sale and accrued interest to date of delivery,plus such premium or less such discount as is specified in the bid. Each bid, together with bidder's check, must be enclosed in a sealed envelope addressed to the Corporation with the envelope and bid clearly marked "Proposal for Purchase of Contra Costa County Public Facilities Corporation 1983 Bonds, Series A." Each bid must be in accordance with the terms and conditions set forth in this notice, and may (but need not)be submitted on the bid form provided by the Corporation. Bids may be mailed to the Corporation, in care of Mr. Thomas R. Shearer,Jr.,Orrick, Herrington&Sutcliffe, A Professional Corporation, l Ith Floor,600 Montgomery Street, San Francisco, California 94111, but must be received by 9:00 A.M., March 15, 1983. Bids may also be delivered at the place first above described, until 9:00 A.M. California time, March 15, 1983. Bid Check: A certified or cashier's check drawn on a bank or trust company having an office in San Francisco,California, in the amount of$38,500,payable to the order of the Corporation, must accompany each proposal as a guaranty that the bidder, if successful, will accept and pay for the bonds in accordance with the terms of his bid. The check accompanying any accepted proposal shall be applied on the purchase price. If after the award of the bonds the successful bidder fails to complete his purchase on the terms stated in his proposal, the check shall be cashed and the amount thereof retained by the Corporation. The check accompanying each unaccepted proposal will be returned promptly. No interest will be paid upon the deposit made by any bidder. Statement of Net Interest Cost: Each bidder is requested, but not required, to state in his bid the total net interest cost in dollars to the Corporation and the percentage net interest cost determined thereby, which shall be considered as informative only and not binding on either the bidder or the Corporation. No Litigation: There is no litigation pending concerning the validity of the bonds, the corporate existence of the Corporation or the entitlement of the officers thereof to their respective offices, and the Corporation will furnish to the successful bidder a no-litigation certificate certifying to the foregoing as of and at the time of the delivery of the bonds. Resale in States other than California: The Corporation is taking no action to qualify the bonds for offer and sale in jurisdictions other than California. The purchaser will assume responsibility for any required permits and/or filing fees in jurisdictions in which action is necessary to qualify the bonds for offer and sale or to obtain exemptions, and for complying with the laws of all jurisdictions on resale of the bonds, and shall indemnify and hold harmless the Corporation and its officers and directors from any loss or.damage resulting from any failure to comply with any such law. CUSIP Numbers: It is anticipated that CUSIP numbers will be printed on the bonds, but neither failure to print such numbers on any bond nor any error with respect thereto shall constitute cause fora failure or refusal by the purchaser thereof to accept delivery of and pay for the bonds in accordance with the terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers on the bonds shall be paid for by the 2 4 C:%tion. provuded. tKv4-vvt that ax CC=SIP Sm-Kx Bur+em chic for the assignment of said numbers %hjJl be the mspxwNItty of and shatll be paW tear by the purch a. O(5c d Stermmt; The Corpmvum has ad Ve^d an (4ficial statcnvnt misting to dbe bands. a copy of v�h.nh -All be fu iahed upum revue-v to Rank 4 :Amcrws National Trts�st and Savings Association. Public f"{nxxx Dcpartrascnt. !sit Galt#oc. is Street. S= Frxctsw. California 194104. financing consultants to the C orporatm and the Count,°. The Asusukat CLvnty Admint lratcx:41"tnanrr has mvic%,ed the official statement and?uu determined that as of the due Neve d'. to the hem 4 his kncr*ledge and belief. the official statement does tocx c-onum an untrue uacmmt 4 a matenxl tact or omit to state any material fact necessary in order to make the t atcnents mode. in light of the 4 ire-uxmmA r�% undea ahtch they wcm made. not misleading Tlx Corpormion til dell mr to the purchwct cif the Nvxts a cert.iticatr ti sed official as to the abo-tv. dated the date of bond deli%vN. and further crruO-rng that the s v4N km-PAs of nct matenal ad-mrse change in the condition of the Cc`unt- which would nuke it utirr t%sbalc for the purchaser of the bonds to rely upon the official statement in cx:mnes.`ticm %ith the r+c ak of the ba #s. surd suftvizing the purchaser of the bonds to distribute copies of the otfic:al statc-mcnt in cvnectum with the mole of the bonds, 250 copies of the official statement will be supplied to the pumh&wr cit the tx is for this purpc-nr at the expense 4 the Corporation. Daird Fctnuary 4. 198, 3 U.'st" UN L. EMERSON. JR. Secrrtary of Contra Coster Counry Public Facilities Corporation vi 243 CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION Board of Directors J. Michael Bowhay President John E. Whalen Vice President Linton L. Emerson, Jr. Gerald Feagley Carolyn Doyle Secretary Treasurer Director Contra Costa County Board of Supervisors Robert I. Schroder (District 3) Chairman Tom Powers Nancy Fanden (District 1) (District 2) Sunne Wright MCPeak Tom Torlakson (District 4) (District 5) James R. Olsson County Clerk-Recorder County Officials Donald L. Bouchet Alfred P. Lomeli Auditor-Controller Treasurer-Tar Collector Melvyrn G. Wingett John B. Clausen Chief Administrative Officer County Counsel Frank Fernandez Assistant Countv Administrator — Finance The Date of This Official Statement is February 9, 1983. Vii 244 INTRODUCTION The purpose of this Official Statement is to supply information to prospective bidders on, and buyers of, the 1983 Bonds, Series A (hereinafter referred to as the "Bonds"). Quotations from the summaries and explanations of the Bonds, the indenture providing for the issuance of the Bonds 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 statements 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 $3,850,000 principal amount of the Corporation's Bonds currently being offered for sale will be issued pursuant to an Indenture (hereinafter referred to as the "Indenture")between the Corporation and Bank of America NT&SA, as Trustee. The Indenture, approved by the Corporation as to form on February 9, 1983, will be dated April 1, 1983 and will be executed on behalf of each party prior to the delivery of the Bonds. See the section of this Official Statement entitled "The Indenture." T_Aursuant to California law, the County has called for public bids for the sale by it of a lease and of two options to purchase real property, upon the condition that the accepted bidder exercise an option to purchase contained in the lease and exercise the options to purchase contained in the options, purchase three parcels of real property (the three office buildings 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. The Corporation was formed in part to insure that the County receive a good bid at the sale bidding procedure, and it is contemplated for the purposes of this Official Statement that the bid for the sale and leaseback to be submitted by the Corporation to the County will be the best bid submitted and will be 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") described later in this Official Statement. At the end of the Facility Lease, or upon retiring the Bonds, 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 to the Corporation will secure the Bonds. The term of the Facility Lease will run until August 31, 1998 or until the Bonds are paid in full or adequate provision for payment is made, except that the term of the Facility Lease will terminate by no later than April 1, 2003. The Facility Lease 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 September 15 and March 15 in amounts sufficient to meet semiannual bond interest and principal payments due on the next succeeding October 1 and April I respectively, and(3)the County will pay additional rental sufficient to meet other charges incurred by the Corporation. Rental is subject to abatement as discussed in the subsection of this Official Statement entitled "Abatement of Rent" under "Facility Lease (Project Phase II)". To ensure prompt payment of the Bonds, the following additional safeguards are provided: (1)The Trustee has been designated to receive Bond proceeds and all revenues including rental payments, to disburse the funds as directed by the Indenture and to pay principal and interest on the Bonds as they fall due. (2) A reserve fund equal to 5400,000 will be established from Bond proceeds. Interest earnings will accumulate in the reserve fund until there is a balance in such fund equal to maximum annual debt service. (3) Various types of insurance, including fire, public liability. title and rental interruption are to be provided, including earthquake insurance when available at reasonable cost from reputable insurers on the open market. I - 24� 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 acquisition, 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 benefit corporations by the laws of the State of California with the following limitation: The Corporation shall never engage in any activity other than said activities as may be incidental to the purpose of carrying out 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., Secretary Gerald Feagley, Treasurer Carolyn Doyle, Director THE BONDS Authority for Issuance The $3,850,000 principal amount of Contra Costa County Public Facilities Corporation 1983 Bonds, Series A 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 Indenture dated as of April 1, 1983 to be entered into between the Corporation and Bank of America NT&SA, San Francisco, California, as Trustee. Purpose of Issue The proceeds from the sale of the Bonds will be used to finance acquisition of three facilities for lease to the County of Contra Costa as more fully described in the section of the Official Statement entitled "The Project." Sale of Bonds Bids will be received at 9:00 a.m. local time,Tuesday, March 15, 1983 at the office of Orrick, Herrington& Sutcliffe, A Professional Corporation, 600 Montgomery Street, 13th Floor Conference Room, San Francisco, California 94111. Details of the terms of sale are included in the Official Notice of Sale adopted by the Board of Directors of the Corporation on February 9, 1983. Description of Bonds The Bonds will be dated April 1, 1983 and will pay interest from their date, except that fully registered Bonds authenticated after October 1, 1983 shall bear interest from the interest payment date next preceding the date of authentication or from the date of authentication if it is an interest payment date. The Bonds will consist of $3,850,000 serial bonds maturing on April 1, 1984-1998, inclusive. The Bonds in coupon form will be numbered Al through A770 and the Bonds will be payable on April 1 in each of the following years and amounts. 2 246 Maturity Date Principal Maturity Date _ Principal April I Amount April I Amount 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $115,000 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $260,000 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130,000 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285,000 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140,000 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315,000 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160,000 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350,000 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175,000 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385,000 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195,000 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425,000 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210,000 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470,000 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235,000 Interest The first interest payment is October 1, 1983. Interest thereafter will be payable semiannually on April 1 and October 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, or, in the case of coupon Bonds, at the option of the holder, at the principal office of the paying agent of the Corporation in the City of New York, New York. Form, Denomination, and Registration The Bonds will be issued as coupon Bonds in the denomination of$5,000, or as fully registered Bonds in the denomination of$5,000 or any multiple thereof so long as principal shall mature in only one year. Coupon Bonds and fully registered Bonds will be interchangeable at the office of the Trustee as provided for in the Indenture. There is no charge to the bondholder for the first exchange of Bonds 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 Bonds may be redeemed at any time by payment of the total principal amount and accrued interest to the date of redemption, but without premium. Except as stated above, Bonds due from April 1, 1984 through April 1, 1993 inclusive, are not subject to call. Bonds maturing on or after April 1, 1994 are also subject to redemption, as a whole, or in part in inverse order of maturities and by lot within any such maturity if less than all of the Bonds of such maturity be redeemed, from any source of available funds, on April 1, 1993 or on any interest payment date thereafter. The redemption price of each Bond will be equal to the principal amount and accrued interest to the date of redemption plus a premium of one-quarter of one percent (%a of 1%) of the principal amount for each whole year or fraction thereof remaining between the redemption date and the original stated maturity date. 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 Bonds. 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 Bonds and will disburse such proceeds in conformity with the Indenture. 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 Bonds. The Trustee will act as bond registrar and will authenticate all Bonds. 3 247 Security of the Bonds The Bonds when issued will be lease revenue bonds of the Corporation, secured by and payable from rentals received under the terms of the Facility Lease between the Corporation and the County to be dated April 1, 1983, so long as the County has the use and occupancy of the project. The rentals shall be abated proportionately during any period in which, by reason of damage or destruction (other than condemnation), there is substantial interference with the use and occupancy of the Project by the County and such abatement shall continue for the period commencing with such damage or destruction and ending when such use and occupancy are restored. Any abatement of rentals could affect the Corporation's ability to pay debt service on the Bonds. Base Rental payments in the amount computed to be sufficient to pay the debt service on the Bonds will be due semiannually each September 15 and March 15, commencing September 15, 1983. 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 $10,000 annually) required for payment by the Corporation of its administrative costs in connection with the Project. The obligation to make annual rental payments under the Facility Lease is not one for which the County may increase its tax rate. See the section of this Official Statement entitled"Constitutional Limitations on Taxes and Appropriations." However, the obligation is a charge against the general fund of the County and the County is obligated under the Facility Lease to annually budget,appropriate and to make the rental payment on a timely basis. The Bonds will be a debt of the Corporation and not a debt, liability or obligation of the County of Contra Costa. The Facility Lease 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 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, and to any abatement of rental that may occur pursuant to the Facility Lease. The rentals payable by the County constitute the primary source of the Corporation for the payment of the Bonds 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 Indenture,the rights and remedies provided in the Indenture 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' fights. Resale in States other than California The Corporation is taking no action to qualify the Bonds for offer and sale in jurisdictions other than California. The purchaser will assume responsibility for any required permits and/or filing fees in jurisdictions in which action is necessary to qualify the Bonds for offer and sale or to obtain exemptions, and for complying with the laws of all jurisdictions on resale of the Bonds, and shall indemnify and hold harmless the Corporation and its officers and directors from any loss or damage resulting from any failure to comply with any such law. Legal Opinion The legal opinion of Orrick. Herrington & Sutcliffe, A Professional Corporation, San Francisco, California, bond counsel to the Corporation, approving the validity of the Bonds, will be furnished to the purchasers without charge at the time of the original delivery of the Bonds. A copy of the legal opinion will be printed on each bond. Bond counsel's fee is payable from the proceeds of the Bonds and is contingent upon bond delivery, except if the Bonds are not issued and the project is abandoned, bond counsel will receive a fee based upon the amount of work performed to said time of abandonment. 248 Tax Exempt Status In the opinion of bond counsel, interest on the Bonds is exempt from present Federal income taxes and present State of California personal income taxcs under existing statutes. regulations and court decisions. Litigation No litigation is pending concerning the validity of the Bonds 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 Bonds. 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 leve 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. CUSiP Numbers It is anticipated that CUSIP numbers will be printed on the Bonds but neither failure to print such numbers on any Bond 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 Bonds in accordance with the terms of the purchase contract. Underwriting The Bonds are offered at public sale by the Corporation and will be sold to the highest responsible bidder as determined by the provisions set forth in the Official Notice of Sale for the Bonds. The successful bidder may reoffer the Bonds to the public at any prices or yields the bidder so determines. The Corporation agrees to print and provide, without charge, up to 250 copies of the Official Statement to the successful bidder. Ratings The Corporation will apply to isloody's Investors Service. for a rating on the Bonds. Certain information has been supplied by the Corporation to the rating agency to be considered in evaluating the Bonds. Any ratings issued will reflect only the views of the rating agency. and any explanation of the significance of such rating should be obtained from the rating agency. There is no assurance that any rating obtained will be retained for any given period of time or that the same will not be revised downward or withdrawn entirely by the rating agency if, in its judgment, circumstances so warrant. The Corporation undertakes no responsibility either to bring to the attention of the holders of the Bonds any downward revision or withdrawal of any rating obtained or to oppose any such revision or withdrawal. Any such downward revision or withdrawal of any rating obtained may have an adverse effect on the market price of the Bonds. Information regarding the status of the rating applied for may be obtained from Bank of America National Trust and Savings Association, Public Finance No. 3295, Box 37003, San Francisco. CA 94137. Additional Information All data contained herein have been taken or constructed from County or Corporation records. Appropfi- ate County officials, acting in their official capacity, have reviewed this Official Statement and have determined that as of the date hcreof the information contained herein is, to the best of their knowledge and belief, true and correct in all matefial 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 Bonds. 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. DEED OF GIFT The Deed of Gift (Project Phase II) (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 April 1, 1983 and will be executed prior to the delivery of the Bonds. 5 249 Pursuant to the Deed of Gift, the Corporation will grant to the County all of its title to the real property (herein called the "Demised Premises") upon which the Project facilities are located. The Corporation will reserve, however, an estate for twenty years from April 1, 1983, in the Demised Premises, subject to the condition that if prior to April 1, 2003, the Bonds and all other indebtedness of the Corporation incurred to acquire the Project shall be fully paid and retired, the reserved estate for years shall terminate and title to the Demised Premises and Project shall vest in the County. FACILITY LEASE (PROJECT PHASE H) The Facility Lease (Project Phase II), herein referred to as the "Facility Lease," has been approved as to form by the Corporation and the County. The Facility Lease will be dated April 1, 1983, and will be executed prior to the delivery of the Bonds. The Corporation will lease to the County the Demised Premises and Project Phase II pursuant to the provisions of the Facility Lease, selected provisions of which are described below. Term The term of the Facility Lease shall start on the date of its recordation in the office of the County Recorder of Contra Costa County, State of California, or on July 1, 1983, whichever is earlier. The term of the Facility Lease shall end on August 31, 1998 unless extended or earlier terminated. If prior to August 31, 1998 all of the Bonds shall have been retired, the Facility Lease shall terminate ten days thereafter (the final maturity of the Bonds is April 1, 1998). If on August 31, 1998 all of the Bonds shall not have been retired, the term shall be extended until ten days after all Bonds shall be fully paid, except that the term of the Facility Lease shall in no event be extended beyond April 1, 2003. Commencement of Rent It is contemplated that the County will take possession of the Demised Premises and the Project upon commencement of the lease and the first semiannual payment of rent shall be due on September 15, 1983. Rental Rental payable for the use and occupancy of the Demised Premises and the Project is denominated "base rental" and "additional rental." Base Rental The County agrees to pay the Corporation a base rent, semiannually beginning on September 15, 1983 and each succeeding March 15 and September 15 up to and including March 15, 1998 unless the Facility Lease has been earlier terminated or extended, in which case payment of base rent will continue to the termination date of the Facility Lease. The base rent shall be in a specified amount sufficient to meet payments of interest and principal on the Bonds as they become due. The actual base rent obligation of the County will be determined upon the sale of the Bonds. Additional Rental The County is also required to pay the Corporation additional rent to meet administrative costs of the Corporation attributable to the Project and the Bonds, provided, such additional rental shall not exceed$10,000 annually. County Provision of Rent The County covenants to include all base rent and additional rent payments in its annual budget and to make the necessary annual appropriations for all such payments.The covenants on the part of the County under the Facility Lease shall be deemed to be and shall be construed to be duties imposed by law. The Corporation and the Trustee will be furnished copies of each proposed and final budget of the County within ten days after the filing or adoption thereof. 6 250 Abatement of Rent Rent shall be abated proportionately during any period in which there is substantial interference with the County's use and occupancy of the Demised Pt iscs and the Project due to damage or destruction. The abatement of Count• rent, until the subcranial completion of repair or reconstruction work. shall be based on the proportion of initial cots of the unusablc pxtxm or perrtiom fof the Pwxgect. to the total initial cost of the Prolctit. In the event of an% such damage at drwwoon. the Fkilitv !..case shall continue in full force and effect and the Count-% wai%rs an% nght to laminate the Lcasc by %muc tt4 any such damage or destruction. Insurance ce The Count% is rrqutrrd it,obtatn and maintain throng rat Owc ectal t±tr the F:to:ility Eerie carious insurance crtVeragcs including public Itabilit% and rrntal tnicrrurg-wo+x u+t air:taccupancy insurance.The major features cif the--c .anow. inmirancr co-cracc, arc dt%:uvcd in tht• t:> h,:-.a= Statement under the section entitled "The I:uicntur: " Maintenance. Utilitk�%. Tates and Uwwwout The Count,- .hall br rr• %-,n.ih1c itvs the ci:aintcnann r x-od nr;vis A the tkmxscd Premiscs and the Project uhtlr in pct.�c+>tc�ti, a.^t i shall pa+ M atMIPC tkV ft pay rhea! o4 as well as utilities. and taxes and a%,%c%%rncnt. throughout the i-cm :t the F4,.-.uttti Ixa%c Eminent Domain Pt"oc rcdint% In the rccnt the F't.•t t is -jvnt ancntl. tAkcn under the pk wct 4 eminent domain, the Facility Lease shall tcYrri=wie In the csrni 1c..than all rI the Av.'1cit i,tAcn undrt the ptn.ct oaf cnunerit domain or if the Project is teinp►*rank tAkcr. un�ltr -,u%--h ptx•rt, the l :iiit� l.ca%c %hall tiontinuc in full force and there shall be a partial all.wcn-wnt oe. irnt to tv agrrcd q%n-t h% the 0-vi tt. asks the CmiNmAtitn. ho%c.-cr, in no event shall the rent pa.al lc ;,% t!r_- C o n:% N lc•• than the amxtrit trquirri ttst the rcurrwrit 4 the Bonds and payment of interest thereon 3• such t?*7.iti at-0 inEcrr%t bcso w disc Option to Purcba%c The C c�:tnt. %hall ha-.r an off` vn to puszha.6c the Ct rper:ttltn's tntcriest in any part of the Project upon pal mcni t-4 an otpticwn pric c equal to the aggirgatr an-niunt tot the entire remaining term of the lease of the pan of the trial rate att.hutahlc to •uch psrt of the Pht)ccr t deicniuncd by reference to the proportion which the Acqui.rtion ;test• (►: %uch part cg the Prt•mt hoar% it) the ac4utsition colts of all of the Project). Default b% Count r Should the Count. dcfsult and fail to rrmed. an% default, the Corporation has the right to terminate the Fw tht. 1:c4%c an:rr-enter the proms-cs,or a ithout tcmunating the Facility Lcase.re-enter and relet the Project as the sgrnt o! and for the :a.:%:,o int c,3 the Count%. but their shall be no acceleration of rent upon any default. N04%%ithstandinr aril such cntry by the Corporation. the County shall remain liable for payment of all rental%. and it-it damage, flit hrtcwh of the tcasc and for performance of all conditions of the lease. Termination and WspcWtion of Project Upon termination of the Facility Lase, the Corporation agree% to surrender to the County the Demised Ptrmtscs and title to perntancnt impro%,emerits thereon. Thr foregoing summan- discusion of selwcd features of the proposed form of Facility Lease is made subtcct to all of the pn-wisions of the proposed form of Facility Lease (Project Phase 11). This summary dikussion dcvr not purport to, be a complete statement of said provisions and prospective purchasers of the Bonds are referred to the complete text of the propcised form of Facility Lease(Project Phase 11).a copy of which is aNailable upon request sent to Bank of America National Trust and Savings Association. Public Finance No. 3295. Box 3-7003. San Francisco, California 94137. 7 • 251 THE INDENTURE The proposed Indenture(herein referred to as the "Indenture")to be entered into between the Corporation and Bank of America NT&SA, as Trustee, will be dated as of April 1, 1983 and will be executed prior to the delivery of the Bonds. A summary of selected provisions of the Indenture under which the Bonds 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 bond proceeds and revenues of the Corporation for disbursement in conformity with the Indenture. 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 Bonds and act as bond registrar. Creation of Special Finds The Indenture 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 9. Moneys held in the various funds may be invested by the Trustee under the provisions of Section 4.04 of the Indenture. Disposition of Bond Proceeds and Other Moneys The Indenture provides that the proceeds from the sale of the Bonds 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 Bonds. (2) Resene Fund — A sum equal to 5400.000. (3) Acquisition and Construction Fund — The balance of proceeds from the sale of the Bonds shall be deposited in the Acquisition and Construction Fund. Revenue Fund All base rental revenue shall be paid to the Trustee and deposited by the Trustee to the credit of the Revenue Fund. Moneys in the Revenue Fund shall be disbursed, applied,or set aside by the Trustee in the following order of priority (except that if after each deposit in the Interest Fund and the Principal Fund the Trustee shall determine that any moneys in the Revenue Fund will be required for the payment of debt service in the future. the Trustee shall hold such moneys in a Special Reserve Account in the Revenue Fund): (1) Interest Fluid Commencing on or before September 30, 1983, and on or before March 31 and September 30 of each year thereafter, an amount equal to the aggregate half-yearly amount of interest becoming due and payable on the outstanding Bonds on the next succeeding interest payment date, less any available balances in said fund. (2) Principal Fund On or before each September 30, beginning September 30, 1983, an amount at least equal to one-half of the Bond principal payable on the next succeeding April 1, and on or before each March 31, beginning March 31, 1984, an amount which, along with any balance on deposit,shall be at least equal to the principal payable on the next succeeding April 1. (3) Operation and Maintenance Fund If the Corporation shall at any time operate the Project, on or before each :march 31 and each September 30 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 revenues shall be deposited in the Reserve Fund. Moneys in this Fund shall be used to pay Bond principal and interest in the event no other funds are available, and moneys in this Fund in excess of one-half of maximum annual debt service may be used for the repair, reconstruction. or 8 252 r replacement of any damaged or destroyed portion of the Project or for the loss of rental income not insured against because of the thirty-day deductible amount. Excess balances in this Fund above the maximum annual debt service on the Bonds 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 amounts shall be paid to the County. Moneys in the Revenue Fund, Principal Fund, Interest Fund, and Reserve Fund may be used by the Trustee to reimburse the County for any rental payable under the Facility Lease for a period during which rent is abated and for which no other moneys (including occupancy insurance) are available. Corporate Operation Fbnd 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 administrative costs of the Corporation. TRUST FUNDS Fund Principal Source Use Acquisition and Construction Fund (Section 3.03) . . . . . . . . . . . . . . . . . . . .Bond Proceeds Acquisition, construction and incidental expenses of bond issuance and delivery. Revenue Fund (Section 4.01) . . . . . . . . . . .County Base Rental Payments Transfers to Interest Fund; Principal Fund; Operation and Maintenance Fund, if needed; and Reserve Fund. Interest Fund (Section 4.02(a)) . . . . . . . . .Transfers from Revenue Fund Bond interest payments. Principal Fund (Section 4.02(b)) . . . . . . . .Transfers from Revenue Fund Bond principal payments. Operation and Maintenance Fund (Section 4.02(c)) . . . . . . . . . . . . . . . . . .Transfers from Revenue Fund To meet costs of operation and maintenance if at any time the Corporation shall operate and maintain the Project. Reserve Fund (Section 4.02(d)) . . . . . . . . .Bond Proceeds and, if depleted, Bond principal and interest; Revenue Fund payment of final maturities; payment for Project repairs or replacement; and transfers to Corporate Operation Fund, if needed. Corporate Operation Fund (Section 4.03). .Bond Proceeds, County Additional Corporate operating expenses. Rental Payments, and transfers from Reserve Fund earnings, if needed. 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 Indenture), subject to limitations as set forth in the Indenture. 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 Bond maturity dates. 9 200 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. All interest earned on any such investment shall become part of the fund used to make such investments, except that such interest earnings received or accrued on Interest Fund and Reserve Fund moneys during construction of any subsequent phase of the Project shall be transferred to the Acquisition and Construction Fund. Additional Series of Bonds The Corporation may issue additional series of Bonds. Section 3.04 of the Indenture permits the issuance of one or more additional series of parity bonds by supplemental indenture(s) subject to, among other things, the following conditions: (1) The Corporation shall not be in default under provisions of the Indenture; (2) The supplemental indenture shall require that the additional series of bonds will be issued for the purposes of acquiring or constructing additions, improvements, or extensions to the Project; (3) The additional series of bonds shall be on a parity with the Bonds; (4) The Corporation must enter into a new or amended Facility Lease with the County in which the County obligates itself to increase the base rental under all Facility Leases in amounts sufficient to provide for the payment of the principal of and interest on the additional series of bonds when due; (5) Provision must be made to increase the Reserve Fund to an amount equal to at least maximum annual debt service on all series of bonds to be outstanding thereafter. Additional parity bonds may also be issued with the consent of the holders of 60 percent of outstanding bonds without compliance with the above conditions. 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 Bonds. Said policy will be enforceable for the benefit of the bondholders in the amount of$3,850,000. Fire and Extended Coverage Insurance While any of the Bonds are outstanding, the Corporation shall cause to be maintained insurance against loss or damage to any structures constituting part of 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 maximum annual debt service 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 all Bonds 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 at reasonable cost 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 provide earthquake insurance in an amount and form sufficient to enable the Corporation(together with moneys in the Reserve Fund)either to retire all Bonds then outstanding or to restore the structures to the condition existing before such loss. Use and Occupancy Insurance While any of the Bonds 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 any structures constituting the 10 254 Project facilities resulting from damages discussed in the "Fire and Extended Coverage Insurance" and "Earthquake Insurance" paragraphs above in an amount sufficient to pay the total rental due for the period of time allowed for the construction of the structures 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 following completion of construction and only if available at reasonable cost on the open market from reputable insurance companies. Public Liability Insurance Except as discussed below, while any of the Bonds 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 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 18. 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 shall be used if needed for repair or rehabilitation of the Project;(b)to be used to redeem Bonds if less than all of the Project shall have been taken by eminent domain and if the Project's operation has been materially affected,or the Corporation's ability to meet its obligations has been impaired; and (c)if all of the Project shall have been taken by eminent domain, the proceeds therefrom and any other available monies shall be used to redeem Bonds. If said monies are insufficient the Trustee shall apply the proceeds to meet the Trustee's costs of litigation and administration of its trusts under the Indenture, and then to payment of bond principal and interest in full or ratably without preference or priority. Non-Liability of Individuals No recourse shall be had for the payment of the principal of or the interest on the Bonds or for any claim based thereon or otherwise in respect thereof, or based on or in respect of the Indenture or any indenture supplemental thereto, against any incorporator, director or officer, as such, past, present or future, of the Corporation or of any predecessor or successor corporation, either directly or through the Corporation or otherwise, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty, or otherwise, all such liability being by acceptance of the Bonds and part of the consideration for the issue thereof expressly waived and released, as provided in the Indenture. Additional Covenants The Indenture contains other covenants, including but not limited to, the following whereby the Corpora- tion agrees to: (1) Punctually pay the principal and interest on the Bonds as they become due; (2) Promptly collect all rents and charges due for the occupancy or use of the Project and to enforce its rights against any tenant who does not pay such rents and charges as they become due; (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; (5) Pay, discharge, or contest any taxes, assessments, or other charges upon the Project or the revenues. 11 255 Remedies on Default In the event of default, the Trustee may, and upon the written request of holders of not less than 25 percent of the principal amount of Bonds outstanding, shall, by notice in writing to the Corporation, declare and cause the principal of all of the outstanding Bonds and the interest accrued thereon to be due and payable immediately. The holders of not less than 60 percent of the principal amount of the Bonds outstanding,upon the curing by the Corporation of any events of default, may rescind any such declaration of default. Events of default by the Corporation are defined by the Indenture to include: (1) Failure to pay principal, interest or redemption premium on Bonds when due. (2) Failure to perform or observe covenants, agreements or conditions in the Indenture or in the Bonds for a period of sixty days after notice thereof is given to the Corporation. (3) Termination of the corporate existence of the Corporation. (4) Admission by the Corporation that it is unable to pay its debts, or certain other acts of bankruptcy or insolvency of the Corporation. (5) If under the provisions of any bankruptcy law, a court appoints a receiver or assumes custody or now control of the Corporation or a substantial part of its property, or approves a petition seeking reorganization of the Corporation, failure of the Corporation to terminate or stay such order,judgment or decree, or custody or control within sixty days. If one or more events of default continue, the Trustee may, in its discretion, and upon the written request of the holders of not less than a majority of the principal amount of Bonds outstanding, and upon being indemnified to its satisfaction, shall proceed with an},of the following remedies:enter and take possession of the trust estate, institute legal proceedings by a suit in equity or action at law, or sell the trust estate.The holders of a majority of the Bonds outstanding have the right to direct the time, method, and place of conducting any remedy, or to exercise any trust or power conferred upon the Trustee under the Indenture. In the event of sale of the trust estate, all of the Bonds shall become due and payable, if not already declared due and payable. For a more complete discussion of bondholder and trustee powers in the event of default,reference is made to the Indenture. The foregoing summary discussion of selected provisions of the proposed Indenture is made subject to all of the provisions of the Indenture. The foregoing summary discussion does not purport to be a complete statement of such provisions. For full details, prospective purchasers of the Bonds are referred to the complete text of the proposed Indenture, 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. THE PROJECT The Project consists of the acquisition of the following buildings to be leased by the County for use by County departments: (1) The Auditor-Controller's office building(630 Court Street, Martinez)is being acquired by the exercise of an option to purchase the building which the County has leased for several years. The option is contained in the existing lease between the County and the owners of the building. The building is a two story partially reinforced concrete structure which encompasses approximately 7,200 square feet. The facility houses 19 employees of the Data Processing and Purchasing unit of the Auditor- Controller's office. The building is in a favorable location to other County buildings within the Civic Center area, just across the street from the Contra Costa County Finance Building. (2) The Family Support Division of the District Attorney's office is to be the occupant of a new office building nearing completion at 40 Muir Road in Martinez. This new office building,located next to the 12 256 recently leased County Social Services Department office building, is a two story, wood frame, sprinklered structure of approximately 22,400 square feet. it is located new State Highway 4,close to the intersection of Interstate 680, an area which is experiencing a growing demand for office space. The building is presently under construction by Duffel Financial and Construction Company ("Duffel"). The building is to be acquired pursuant to an agreement between the County and Duffel entitled "Option to Purchase Real Property". The building is scheduled to be completed prior to the delivery of the Bonds. It will consolidate in one central location approximately 104 employees who were previously located at six leased facilities throughout the County. By consolidating in one location, the Family Support Division can achieve program savings through staff consolidation and elimination of duplicate work. (3) Municipal Court Buildings located at 2970 Willow Pass Road, Concord. The two buildings located at this site contain about 7,600 square feet and are occupied by elements of the Mt. Diablo Municipal Court District. It is anticipated that the Mt. Diablo Municipal Court functions located at the Willow Pass site will eventually be relocated to the proposed Diablo Valley Justice Center, for which the planning and construction schedule is not yet firmly set. In such event, other County departments currently leasing within close proximity to the Willow Pass Road facility could utilize such space when it is no longer required by the courts. The Corporation will exercise the option cgntained in the lease of the 630 Court Street Building and the options to purchase the 40 Muir Road and 2970 Willow Pass Road buildings following the assignment of the lease and the options to it by the County simultaneously with the delivery of the Bonds. Estimated Project Costs and Uses of Funds Table 1 shows an estimate of the costs of the Project and the uses of funds. TABLE I CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 11983 BONDS, SERIES A ESTIMATED PROJECT COSTS AND USES OF FUNDS Costs, of Acquisition: District Attorney. Family Support Division Building . . . . . . . . . . . . . . . . . . S2,000,000 Municipal Court Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 820,000 Auditor-Controllcr's Department Building . . . . . . . . . . . . . . . . . . . . . . . . . . 350,000 Bond reserve fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400,000 Underwriting discount available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77,000 Cost ofissuancc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,000 Contingencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103,000 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53,850,000 Estimated Annual Bond Service Table 2 shows annual bond service calculated on an estimated interest rate of 10.5 percent per annum. The actual base rent will be determined after bond bids are received and will be that amount of rental sufficient to pay debt service on the Bonds when due. 13 257 TABLE 2 . CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 1983 BONDS, SERIES A ESTIMATED ANNUAL BOND SERVICE Principal Estimated Outstanding Interest Total Fiscal Beginning Principal Estimated Bond Year of Year Maturity at 10.5% Service 1983-84. . . . . . . . . . . . . . $3,850,000 $ 115,000 $ 404,250 $ 519,250 1984-85. . . . . . . . . . . . . . 3,735,000 130,000 392,175 522,175 1985-86. . . . . . . . . . . . . . 3,605,000 140,000 378,525 518,525 1986-87. . . . . . . . . . . . . . 3,465,000 160,000 363,825 523,825 1987-88. . . . . . . . . . . . . . 3,305,000 175,000 347,025 522,025 1988-89. . . . . . . . . . . . . . 3,130,000 195,000 328,650 523,650 1989-90. . . . . . . . . . . . . . 2,935,000 210,000 308,175 518,175 1990-91 . . . . . . . . . . . . . . 2,725,000 235,000 286,125 521,125 1991-92. . . . . . . . . . . . . . 2,490,000 260,000 261,450 521,450 1992-93. . . . . . . . . . . . . . 2,230,000 285,000 234,150 519,150 1993-94. . . . . . . . . . . . . . 1,945,000 315,0000 204,225 519,225 1994-95. . . . . . . . . . . . . . 1,630,000 350,0000 171,150 521,150 1995-96. . . . . . . . . . . . . . 1,280,000 385,0000 134,400 519,400 1996-97. . . . . . . . . . . . . . 895,000 425,0000 93,975 518,975 1997-98. . . . . . . . . . . . . . 470,000 470,0000 49,350 519,350 $3,850,000 $3,957,450 $7,807,450 0 Bonds due on or after April 1, 1994 are subject to redemption prior to their respective stated maturities,at the option of the Corporation,as a whole,or in part in inverse order of maturities and by lot within any such maturity if less than all of the bonds of such maturity be redeemed,from any source of available funds, on any interest payment date on or after April 1, 1993, at the principal amount thereof and accrued interest thereon to the date fixed for redemption,plus a premium of one-fourth of one percent(V.of 1%)of such principal amount for each whole year or fraction thereof remaining between the date fixed for redemption and their respective stated maturities. Rture Financing Plans Over the next three years the County plans to lease on a long term basis from the Corporation or a joint powers authority approximately nine 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 to cost between$25,000,000 and$40,000,000, exclusive of any jail or hospital facilities. The County is currently studying the costs of providing additional County jail facilities and alternative methods of providing health care to County residents, but is unable at the present time to estimate the cost of these facilities. The County plans to sell in June, 1983, approximately $50 million of tax and revenue anticipation notes maturing in approximately one year. COUNTY FINANCIAL INFORMATION The Bonds are not a debt or obligation of the County. However, as the primary source of payment for the Bonds will be the Facility Lease payments to be made by the County, the following information concerning the County is included. 14 258 CONSTITUTIONAL MUTATIONS ON TAXES AND APPROPRIATIONS The taxing power of California public agencies are limited by Article XIIIA of the California Constitution, added by an initiative amendment approved by the voters on June 6, 1978,and commonly known as Proposition M Article XIIIA limits the maximum ad valorem tax on real property to 1% of"full cash value," which is defined as "the County Assessor's valuation of veal property as shown on the 1975-76 tax bill under'full cash value' or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment." The full cash value may be adjusted annually to reflect inflation at a rate not to exceed 2%per year,or reduction in the consumer price index or comparable local data, or declining property value caused by damage, destruction, or other factors. The California State Board of Equalization has adopted regulations, binding on county assessors, interpreting the meaning of "change in ownership" and "new construction" for purposes of determining full cash value of property under Article X111A. The validity of Article XIIIA as a whole has been upheld against challenge, but the California Supreme Court has left for future decision many other questions regarding detailed interpretation and implementation of Article XIIIA. Legislation enacted by the Caulifomia legislature to implement Article XIIIA provides that notwithstanding any other law,local agencies nay not levy any property tax except to pay debt sm*e on hx1ebtcdness approved by the voters prig to July 1. 1978.and that each county will"the maximum taut permitted by Article XIIIA or SLOD per 5100 of full cash value. Additional legislation end a am, systitm for allocating property tax revenues among California local public entities. tinder this law. cities and cow motive about orate-third nxxt of the property to revenues collected instead of direct Smote aid. School districts motive a correfonChagly induced amount of property taxes,but are compensated directly by the State and given additional Mief. In addition,the law provides;for the State to assume a greaten shams of beau and wcdfare coob. The bre► contains a "deUator" provision which would. in future years. . ruadOLV the Saaaek coo at as ►various fiscal aid pmgmm;s to local goverurrr i if Stagy renes do va aim kvebc, I n c. kg lautioa has been enacted which suspends the operatic cat`the deflator for trail t9Z-83, future assessed ration pvw*al wed under Artiele XIIIA (new oonsuvctica. d=V of ownership, 2 inflation)n)will be allocated on the bah of" Among*c jumuhctiom that terve the tare rate alta within ulxb the troolh occurs. Local and act win Am the growth of"base"revenues,from the tax rate am&. Each yew growth a1kcation beccaloe x part of Cwh a atrry� allocation in the foRow ng yeas The availability sof revenues hvm Vv** $'a ttaut boo tki cwt entities my be a#feraed by the e;t tislapae>Q,t of txxiewelr aeut a"cit , Wticb. atm ocruin any be entitled to such reventes resulting from the ppgr tug of ceftun property vat. &%:tion-4 of Article XIIIA effectively prohibiu the kvying of any otba ad valorem propmy tax above the Inuts so to Scam I. ern with the appmal of the affected votem. At a spacial sUft%idc CIectk Ma beld an Novemba u6, 1979. an itnitWive measure tmtitled "Liatitation on Cn me"Appropr ati►ctr. waa►Wired by the voom,The Inifixt ve added pmvW=(Article XMB)to theCalif California Cxx trtutioa Which. dt gs. limit the annual��ia�tioos a(State and lora umg vern- enctal enfit to the amount orf agpF OF1>rOXMS the entity for the peiar t yeas,as ardjWW far changes in the Cosa of h-ving, dUWWM in papulation and dar*'s to Mules tendered by the entity. L+egtslattcrrq enacted m impieatentt Ar'tikk XIIIB (Stow of 1981}. Chaliw 1205, adding Califmia Crovermne t Codc Se+et m 7900 et .)defines certain tornxrs used in Article X=and sets forth the methods for detemmung tie au 1111 Opriartions l mics for local jurisdictions. Relying on these definitions, the County has dekn i ed tba its M IWA for "ploy d taxes" for the 195243 fel year is approximately $144.768.463, Pur suam to the adopted 190243 fiscal year budget, subject to limit aur $113.443.234 witich *ftM be rally be!&*- the j.. . .at.�ams limit for prods of gees for Use yeas The County behews that it will to able to appropriate the full amount t of available "proceeds,of to xee' wig its agarpt+r rifarrti lusit and deer M expert that its appropiatim limit will prevent it f o m making cxpe Amm far payments ander the fkility Lease. lfowevuer, theaipypur�opr.It.1 s litni t of the County may at som time m the hum #gines irt it tmakexpe�adtitum ftem the pmZceeds of taxes it receives. 1S 259 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. Based on the Governor's Budget Summary for 1983-84, the State's appropriations subject to limitation for the 1982-83 fiscal year is s $16,971,000.000 and the State' appropriations limit for 1982-83 is$19.594.000,000 which is 52.623.000,000 above the proposed amount of said appropriations. The County cannot predict with any certainty whether the State's appropriations limit will in the future impose a restriction on the State's ability to expend "proceeds of taxes." On June 8, I982. the voters of California adopted several initiative measures which could significantly reduce all allocations of state revenues to local agencies. One measure repealed the California gift and inheritance tax laws, and enacted, in lieu thereof, a California death tax. The Legislative Analyst estimates that future reductions in state revenues resulting from the enactment of this measure could approximate 5150 million for the 1982-83 fiscal year. Another initiative measure increased 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 account for the effects of inflation. The Legislative Analyst estimates that reductions in state revenues could approximate $230 million for the 1982-83 fiscal year. Finally, the voters adopted an initiative measure which excluded from the definition of "change of ownership" for purposes of the valuation of real property for taxation, the replacement of real property taken through eminent domain proceedings. The Legislative Analyst estimates that it could have a significant effect 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 tax revenues to the County or its ability to make lease payments to the Corporation. 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*he taxes. Other property is assessed on the "unsecured roll." Property taxes on the secured roll are due in two installments, on November I and February 1 of the fiscal year. If unpaid, such taxes become delinquent on December 10 and April 10 respectively, and a ten 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 and one-half percent per month to the time of redemption. If 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 l lien date and become delinquent, if unpaid on August 31. A ten percent penalty attaches to delinquent taxes on property on the unsecured roll, and an additional penalty of one and one-half percent per month begins to accrue beginning November I of the fiscal year. 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 taxpayer;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 subdivisions which levy taxes on the County tax rolls are credited with 100 percent of their respective tax levies regardless of actual payments 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. 16 VO 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 levied 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 that year and remain at that level until the County has three consecutive years in which the secured tax delinquency rate is under three percent. Total delinquent secured property tax charges in each year since fiscal year 1950-51 have been below 3.99 percent of that year's total secured property tax charges. For the past 30 fiscal years, the percentage has exceeded two percent only eleven times. COUNTY OF CONTRA COSTA SUMMARY OF FULL CASH VALUE AND AD VALOREM PROPERTY TAXATION FISCAL YEAR 1976-77 THROUGH 1982-83 Secured Current Percentage Tax Crosses Full Property Levy Current Levy Reserve Fund Fiscal Cash Tax Delinquent Delinquent Balance Year Y'alue(D Levies lune 30 June 30 June 30 1976-77 . . . . . . . . . . . . . .S 12,790,738,664 $331,632,809 $ 4,728,220 1.43% $10,073,672 197--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 . . . . . . . . . . . . . . 18,892,593,032 237,630,961 7,195.889 3.02 7,213,929 1981-82 . . . . . . . . . . . . . . 21,648,197,423 264,397,190 10,557,491 3.99 8,700,583 1982-83 . . . . . . . . . . . . . . 24,453,455,979 — — — — L Amounts previously shown as assessed valuations are now shown as full cash value. See "Constitutional Limitations on Taxes and Appropriations." Beginning fiscal year 1980-81,business inventories were excluded from the tax base,since the State increased the State property tax exemption for business inventories from 50 percent to 100 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. Source: Countv Auditor-Controller. Largest Taxpayers The ten largest taxpayers in the County as shown on the 1981-82 secured tax roll and the approximate amounts of their property tax payments for all taxing jurisdictions within the County as shown below. These ten largest taxpayers paid a total $42,410,347 taxes or about 17 percent of the County's 1981-82 secured tax collection. COUNTY OF CONTRA COSTA LARGEST TAXPAYERS Total Taxes Total Taxes Company Paid 1981-82 Company Paid 1981-82 Pacific Gas & Electric Company . . . . . . . . $11,761,623 Tosco Corporation. . . . . . . . . . . . . . . . . . . . $ 2,379,138 Chevron USA (Standard Oil Company Dow Chemical Company . . . . . . . . . . . . . . 2,238,761 of California). . . . . . . . . . . . . . . . . . . . . . 11,666,015 U.S. Steel Corporation . . . . . . . . . . . . . . . . 1 920 682 Pacific Telephone & Telegraph Company. . 4,298,219 Sun Valley Shopping Center. . . . . . . . . . . . 1,106,883 Shell Oil Company . . . . . . . . . . . . . . . . . . . 3,426,309 C&H Sugar Corporation. . . . . . . . . . . . . . . 1,008,613 Union Oil Company of California . . . . . . . 2,604,104 17 261 Redevelopment Agencies The California Community Redevelopment Law authorizes the redevelopment agency of any city to issue bonds payable from the allocation of tax revenues resulting from increases in full cash values of properties within designated project areas. In effect, local taxing authorities other than the redevelopment agency realize tax revenues Qn1v on the "frozen" tax base. COMMUNITY REDEVELOPMENT AGENCY PROJECTS OF CITIES IN THE COUNTY OF CONTRA COSTA FULL CASH VALUE INCREMENTS AND TAX ALLOCATIONS FISCAL YEARS 1977-78 THROUGH 1982-83 Fiscal Base Year Full Cash Value Total Tax Year Value IncrementO Allocations 1977-78 . . . . . . . . . . . . . . . . . . 5384,515,220 $ 219,263,240 $ 7,020,58I 1978-79 . . . . . . . . . . . . . . . . . . 478,976,032 292,265,156 2,922,842 1979-80 . . . . . . . . . . . . . . . . . . 497,903,936 415,860,416 5,849,677 1980-81 . . . . . . . . . . . . . . . . . . 755,431,368 669,066,188 8,230,647 1981-82 . . . . . . . . . . . . . . . . . . 783,522,580 937,500,047 11,202,319 1982-83 . . . . . . . . . . . . . . . . . . 816,666,491 1,294,850,196 15,308,390 C Nil cash values for all redevelopment projects above the"frozen"base year valuations.These data represent growth in full cash values generating tax revenues for use by the community redevelop- ment agencies. L Actual tax revenues collected by the County and subsequently paid to the community redevelop- ment agencies. Self-Insurance Program The County is entirely self-insured for claims relating to public Iiability (excluding the airport), auto- mobile accidents, and medical malpractice. It is the County's policy to annually appropriate sufficient funds to cover the estimated liability of the County for self-insurance claims to be made during the upcoming fiscal year. Whenever a claim is made,the claim is evaluated and a portion of the appropriated funds are reserved.to satisfy the County's estimated liability for such claim. Although the County believes that its past experience enables it to reasonably evaluate its liability for self-insurance claims, no assurance can be made that the amount reserved for such purpose will be adequate, nor can there be any assurance that the funds appropriated to satisfy claims arising during any fiscal year will be sufficient. 18 2002 Historical Statements Accompanying financial statements were developed from the Auditor-Controller's Financial Report for the years 1980-81 and 1981-82 and the Final County Budget for the fiscal years ended June 30, 1982 and 1983. STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GENERAL COUNTY FUNDS FISCAL YEARS 1480-81 AND 1981-82 1980-81 1981-82 Governmental Fund'Types Governmental Fund'Types Special Special General Revenue General Revenue Fund Fund Fund Fund Beginning Fund Balance. . . . . . . . . . . . . . . . $ 28,730,103 $ 5,403,022 $ 29,576,828 $ 3,657,986 REVENUES: Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 61,084,603 $ 2,320,852 $ 63,443,159 $ 2,948,479 Licenses, permits and franchises . . . . . . . . . 2,997,734 38,589 2,895,181 40,822 Fines, forfeitures and penalties . . . . . . . . . . 2,257,874 439,125 2,265,420 691,866 Use of money and property . . . . . . . . . . . . . 16,210,711 37,228 12,127,519 235,134 Aid from other governmental agencies . . . . 134,861,181 13,309,084 131,986,232 11,877,806 Charges for current services. . . . . . . . . . . . . 16,877,361 1,145,806 19,766,359 1,646,828 Other revenue . . . . . . . . . . . . . . . . . . . . . . . . 1,211,444 120,919 2,264,627 4,938 Total Revenue . . . . . . . . . . . . . . . . . . . . $235,500,908 $17,411,603 $234,748,497 $17,445,873 EXPENDITURES: Current: General government . . . . . . . . . . . . . . . . . $ 22,937,966 $ 347,828 $ 27,099,885 $ 376,921 Public protection. . . . . . . . . . . . . . . . . . . . 64,226,719 902,924 73,048,650 (2,639) Health and sanitation . . . . . . . . . . . . . . . . 11,650,906 10,369 11,540,440 — Public assistance. . . . . . . . . . . . . . . . . . . . 112,016,178 3,742,993 109,814,635 4,355,105 Education . . . . . . . . . . . . . . . . . . . . . . . . . 2,417,029 2,788,531 1,771,938 3,406,727 Public ways and facilities . . . . . . . . . . . . . 4,750,104 11,297,151 6,217,869 9,589,241 Recreation and culture . . . . . . . . . . . . . . . 22,979 — 32,948 — Interest and fiscal charges . . . . . . . . . . . . 1,549,977 — 2,564,996 — Total Expenditures . . . . . . . . . . . . . . . . $219,571,858 $19,089,796 $232,091,361 $17,725,355 Excess of revenues (expenditures) . . . . . . . . $ 15,929,050 ($ 1,678,193) $ 2,657,136 ($ 279,482) Operating transfers out© . . . . . . . . . . . . . . . (15,115,201) — (18,128,889) Transfers in . . . . . . . . . . . . . . . . . . . . . . . . . . 32,876 (66,843) 1,870 341,711 Revenues and other sources over (under) expenditures and other uses. . . . . $ 846,725 ($ 1,745,036) ($ 15,469,883) $ 62,229 Ending Fund Balance . . . . . . . . . . . . . . . . . . $ 29,576,828 $ 3,657,986 $ 14,106,945 $ 3,720,215 O Primarily subsidy from General Fund to Hospital Enterprise Fund. Source: Audit report by Arthur Young&Company, for fiscal years 1980-81, and 1981-82. 19 263 COUNTY OF CONTRA COSTA _ BALANCE SHEETS AT JUNE 30, 1980 AND 1981 GENERAL COUNTY FUNDS June 30, 19810 June 30, 1982 Governmental Fund Types Governmental Fund Types Special Special General0 RevenueG) General0 Revenue ASSETS Cash and investments . . . . . . . . . . . . . . . . . . $17,185,671 S 198,925 $ 5,529,192 $1,655,810 Accounts receivable and accrued revenue. . . 8,438,440 2,924,723 7,628,739 1,901,271 Due from other funds. . . . . . . . . . . . . . . . . . . 23,414,012 2,071,523 17,925,900 2,178,137 Inventories of materials and supplies . . . . . . 844,042 — 878,294 — Prepaid expenses and deposits. . . . . . . . . . . 593,599 458,076 191,921 372,080 Total Assets . . . . . . . . . . . . . . . . . . . . $50,475,764 $5,653,247 $32,154,046 $6,107,298 LIABILITIES AND FUND EQUITY Liabilities: Accounts payable and accrued liabilities. . $ 6,869,126 S 806,685 $ 6,744,740 $ 486,574 Due to other funds . . . . . . . . . . . . . . . . . . . 7,689,268 1,188,576 6,259,188 825,054 State welfare program advances . . . . . . . . 5,508,128 — 4,664,812 — Deferred revenue . . . . . . . . . . . . . . . . . . . 832,414 — 378,361 1,075,455 Total Liabilities . . . . . . . . . . . . . . . . . $20,898,936 $1,995,261 $18,047,101 $2,387,083 Fund Equity: Fund balances: Reserved . . . . . . . . . . . . . . . . . . . . . . . . $ 4,713,327 $2,613,395 $ 4,919,426 $1,673,594 Unreserved 24,863,501 1,044,591 9,187,519 2,046,621 Total Fund Equity. . . . . . . . . . . . . . . .$29,576,828 $3,657,986 $14,106,945 $3,720,215 Total Liabilities and Fund Equity . . . . . . . . . $50,475,764 $5,653,247 $32,154,046 $6,107,298 O Commencing with the fiscal year ended June 30, 1981,the financial statements are presented in conformity with generally accepted accounting principles applicable to governments as prescribed by Statement I of the National Council on Governmental Accounting (NCGA). The County's change in the 1980-81 fiscal year to comply with the provisions of Statement I is in conformity with the effective date set forth in the Statement. O As defined in the notes to Financial Statements,"The General Fund is used to account for all financial resources except those required to be accounted for in another fund". O Special Revenue Funds are used to account for revenues from specific resources that are legally restricted to expenditures for specified purposes. Source: Audit report by Arthur Young&Company for fiscal year 1980-81 and 1981-82. 20 2U� County Budgets The County is required by State law to adopt a final balanced budget by the erid of August each year. COUNTY OF CONTRA COSTA ADOPTED BUDGETS FOR FISCAL YEAR 1981-82 AND 1982-83 Adopted 1981-82 Adopted 1982-83 General County General Count Funds Budgct rends Budget REQUIREMENTS: General government . . . . . . . . . . . . . . . . . . . . . . . . . . S 26,471.790 S 26,169,132 Public protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73,466,974 79,392,072 Hcalth and sanitation . . . . . . . . . . . . . . . . . . . . . . . . . 26.918,000 24,326,075 Public assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126.605,275 120,587,360 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,009,420 5.550,993 Public ways and facilities . . . . . . . . . . . . . . . . . . . . . . 15.769,934 15,616,450 Recreation and culture . . . . . . . . . . . . . . . . . . . . . . . . 85.430 88,535 Reserves and debt scrvicc on Notes . . . . . . . . . . . . . . 7,608.965 6,059,175 Total Requirements . . . . . . . . . . . . . . . . . . . . . . . S281.935,788 S277,789,792 AVAILABLE FUNDS: Property taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 56.661.000 S 63,765.000 Funds balance available . . . . . . . . . . . . . . . . . . . . . . . 12.702.536 9,459,279 Taxes other than current property. . . . . . . I . . . . . . . . 11,200,300 9.618,500 Licenses. permits and franchises . . . . . . . . . . . . . . . . 3.622,045 3,480.520 Fines, forfeitures and penalties. . . . . . . . . . . . . . . . . . 2,737,280 3,550,988 Use of money and property . . . . . . . . . . . . . . . . . . . . 14,729.772 14,262.930 Aid frorn other governmental agencies. . . . . , . . . . . . 155,890.1I5 151,107,004 Charges for current services. . . . . . . . . . . . . . . . . . . . 20.873,940 22,094,691 Other revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.518.800 450.880 Total Available Funds . . . . . . . . . . . . . . . . . . . . S281,935.788 5277.789,792 Adapted by the Count Board d Supm tines on Jul-, 27. 198+ . Effects of Cutbacks and Recession The County, not unlike other local governments throughout the State, is experiencing a reduction in overall revenues as a result of cutbacks in Statc and federal funds, a slowdown in the business cycle and a reduction of interest earnings on investments. The reduction in revenues, or revenue shortfall, has led the Board of Supervisors to adopt a policy of placing a freeze on tilling positions and contracting for new services or purchase of new equipment. The County does not plan in 1952-83 to lav off any employees,eliminate any major services, or halt any capital project already underway. State law requires local governments to maintain a balanced budget and the County anticipates it will have no difficulty in complying with the State requirement. Employees A summary of County employee levels tollows. Some employees are hired under various federally funded programs. COUNTYOF CO*%`TRA COSTA COU TY EStPLOYEES A%at As of Mcctnha 31 Pr mancnt- Dmemhrr 31 Pmnanenta 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.641 1980. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,506 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,716 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.456 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,350 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.451 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.378 6!': Excludes temporary. seasonal, and CETA employecs. 21 203 County employees are represented by 26 bargaining units of I7 labor organizations, the principal ones being Local 1 of County Employees Association and Clerical Employees Union which, combined, represent approximately 43 percent of all County employees in a variety of classifications. The County has had a successful and positive employee relations program, including successful negotia- tions of cost effective agreements over the years. During the past five years there have been no major work stoppages of Contra Costa County employees. During August 1979, the Board of Supervisors approved salary adjustments for over 95 percent of employees effective July 1, 1979 which resulted in an average salary increase of 6.9 percent. Effective July 1, 1980 County employees were granted second year adjustments averaging 7.9 percent which remained in effect through June 30, 1981. New agreements in September and October 1981, raised salaries for most County employees 10% effective July 1, 1981; with another raise of about 8% effective July 1, 1982. Retirement Programs The County has a retirement plan administered by the Employees' Retirement System of the County of Contra Costa which covers substantially all employees and to which contributions are made by both the County and the employees. The plan provides "basic" death, disability and service retirement benefits based on specified percentages of monthly final average salary and, in addition, provides annual cost-of-living adjust- ments after retirement. As of December 31, 1981 there were 5,573 active general members and 1,022 active safety members (police and fire). Retired members totaled 2,386. Employer contributions are based on percentages of salaries as determined on an annual basis by the County Board of Supervisors. The County's policy is to fund expected "basic" benefits over the average working lifetime of present members, except that unfunded prior service cost arising from plan amendments, actuarial gains and losses, or other factors is funded over 30 years. Expected cost-of-living adjustments are partially funded over 10-year periods. Beginning August 1, 1980 the Retirement System implemented legisla- tion whereby new general employees participate in a reduced program, paying roughly half the premium and receiving half the benefits at retirement. Existing general employees were permitted to transfer to the new program for future credit only. Pursuant to the County Employees'Retirement Law of 1937,actuarial valuations are required at least every three years. The County's cost of the plan for the year ended June 30, 1981 was $21,105,780 consisting of $14,329,884 from General County funds, $3,384,565 from the Hospital Enterprise Fund, $24,695 from the Airport Enterprise Fund, and $3,366,636 from special districts under control of the Board of Supervisors. ! These amounts include contributions on behalf of employees pursuant to the terms of resolutions adopted by the Board of Supervisors, under which the County is paying a portion of the retirement contributions normally required of the majority of its employees for various periods beginning during the 1977-78 fiscal year. For the year ended December 31, 1981 total contributions and earnings to the Retirement Fund were$48.8 million with payment to current retired employees of $20.9 million. The County's Retirement Fund is approximately 80 percent funded. Results for the year ended December 30, 1982 are expected to be available in March, 1983. Long Term Obligations General Obligation Debt The County has never defaulted on the payment of principal or interest on any of its indebtedness. As of March 15, 1983, the County of Contra Costa has no direct general obligation bonded indebtedness,the last issue having been redeemed in fiscal year 1977-78. The County has no authorized and unissued debt. Lease Obligations i Contra Costa County has made use of various lease arrangements with joint powers authorities, nonprofit corporations, and the County Employees' Retirement Association for the development of capital projects. The projects are then leased to the County for a period of 15-30 years. The last capital lease ends June 30, 2002. As of July 1, 1983 total base rentals payable as pledged security over the remaining life of these issues are estimated to be $34,879,284. A summary of base rental payments, and total future lease payments is shown below. 22 lob COUNTY OF CONTRA COSTA SUMMARY OF LEASE RENTAL OBLIGATIONS Total Future Annual Lease Payments Base as of Rental July 1. 1983 Contra Costa County Employees' Retirement Association . . . . . . . . . . . . . . . . . . S 687,126 S 3.439,221 Other Major Building Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,559,682 11,763,762 Contra Costa County Public Facilities Corporation . . . . . . . . . . . . . . . . . . . . . . . . 966.747 O 11,868,85103 Contra Costa County Public Facilities Corporation Project II . . . . . . . . . . . . . . . 525,00003 7,807,4500 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,738,555 $34,879.284 O Includes Contra Costa County Juvenile Facilities Corporation. O Includes Project Phase I and Bisso Lane Property. C Estimated. Includes the proposed Facility Lease (Project Phase II)only, and does not include future contemplated leases. The Contra Costa County Employees' Retirement Association owns and leases to the County 11 facilities. The County has an option to purchase each of the properties under lease/purchase agreements with the Employees' Retirement System at any time during the term of each lease for the remaining amount of the capital lease obligation, subject in some cases to a premium ranging from 5 percent to 9.5 percent. In the event the County does not exercise its option to purchase a building,the Retirement System has the option to purchase the County land on which the building is located at the fair market value at the time the lease terminates. The other major building leases also contain purchase options at the termination of the leases for nominal purchase prices, or provide for automatic vesting of title in the County. Overlapping Debt Contra Costa County has no direct general obligation bonds outstanding. However, the County does have lease revenue obligations. In addition, the County contains numerous municipalities, school districts and special purpose districts as well as the overlapping Bay Area Rapid Transit District and East Bay Municipal Utility District which have issued general obligation bonded indebtedness. A statement of overlapping debt is presented below. Some of the issues may be payable from self-supporting enterprises or revenue sources other than property taxation. 201 COUNTY OF CONTRA COSTA F—S-U[NI ATII•:.1>E DIRE(-T AND OVERLAPPING BODED DEBT Kial C as-h VII c :_;.: .+ . . . . . . . . . . . . . . . . . . . . . . S24,453.455.979 1tpuFaz:\est . . . . . . . . . . . . . . . . . . 665.200--: Debt Appr6cabIt Nta ct; 15. i t3 Ptrceasugi Amount Cktnmi C.Ista C o unt\ 100.000; S — Contra Costa County Ju\rniic Facilities Corporation . . . . . . . . . . . . . . . . . . . . . 100.000 1,600,000 Cortes Costa Count} 1'tihltc F,ecilitiea Corporaticln ' . . . . . . . . . I . . . . . . . . . . . . . 100.000 10.2w.000 Ba\ Arca Rapid Transit District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.128 191,826300 East Bs, Municipal Utilit\ District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43.103 51.749.462 San Ramon Vallcv Unificd School District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000 16.379.000 Other Sctwl Districts and School Building Corporations. . . . . . . . . . 100.000' 21.41 4.818 Cite of Richmond General Fund Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000 21.525.000 Cite of Concord and General Fund Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000 17.971.000 Other Cities and Cite Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000 14,065.000 Hospital Districts and Hospital Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000 21.125.000 Sanitary Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000 19,027,000 County Water Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000 8,887,000 Other Special Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000` ' 14.004.646 1915 Act Assessment Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.000 41.920.944 Total Gross Direct and Overlapping Bonded Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S452,865.170 Less: East Bav Municipal Utility District (100% self-supporting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51,749.462 Self-supporting eater bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.316.367 Total Net Direct and Overlapping Bonded Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S392.799,341 Ratio to Full Cash Per Value Capita Direct Bonded Debt (Includes County Lease Revenue Obligations) . . . . . . . . . . . . . . . . . . . . . . 0.05% S 18 Total Gross Direct Bonded and Overlapping Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.85 681 Total Net Direct Bonded and Overlapping Debt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.61 590 FullCash Value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . — 36.761 O January 1. 1982, State Department of Finance estimate. 0 Excludes sales, if any, between February 7, 1983 and March 15, 1983. Also excludes revenue bonds, mortgage revenue bonds. refunding bonds, tax allocation bonds, and amounts payable under State water contracts. O A County lease rental obligation. C Various, mostly 100 percent. Includes 53,850,000 1983 Bonds, Series A, this offering. 24 �G cel THE COUNTY County Government Contra Costa County was incorporated in 1850 as one of the original 27 counties of the State with the City of Martinez as the County Seat. It has a general law form of government. A five-member Board of Supervisors elected to four-year terms serves as the legislative body. Also elected are the Assessor, Auditor-Controller, Clerk-Recorder, District Attorney-Public Administrator, Sheriff-Coroner, and Treasurer-Tax Collector. A County Administrator appointed by the Board of Supervisors runs the day-to-day business. Contra Costa County is one of the nine counties in the San Francisco-Oakland Bay Area. It covers about 733 square miles and extends from the northeastern shore of San Francisco Bay easterly about 20 miles to San Joaquin County. Contra Costa is bordered on the south and west by Alameda County and on the north by Suisun and San Pablo Bays. The western and northern shorelines are highly industrialized while the interior sections are suburban/residential. commercial and light industrial. A large part of the interior is served by the Bay Area Rapid Transit District (BART) which has motivated a rapid expansion of residential and commercial development. Industry and Employment Most of the heavy manufacturing is located along the north shore of Contra Costa County fronting on the Suisun and San Pablo Bays leading to San Francisco Bay and the Pacific Ocean. Major products are petroleum refining, steel manufacture, prefabricated metals, chemical, electronic equipment, paper products and food processing. Descriptions of major industries and companies follow. Petroleum products manufacturing formed the initial basis of industrial development in the County. Currently four companies manufacture products from crude oil. The largest in terms of capacity is Chevron USA (Standard Oil Company of California) — Richmond Refinery which began operations in 1901. The Chevron refinery, located on 3,000 acres, has a capacity of 365,000 barrels per day and manufactures a complete line of petroleum products. The bulk of the crude oil is from Alaska. Shipping facilities include the company's own wharf, which is capable of handling four tankers at a time, making it the largest in the Bay Area in terms of tonnage. Chevron operates a fleet of 53 tankers of which nine are for intrastate business. Petroleum products are also shipped by truck and by two railroad carriers. Standard Oil recently announced plans to construct a 5440 million lubricating oil plant to modernize the facilities at the Richmond Refinery. To date over $300 million has been spent on this project. Chevron USA operates the Ortho Division of Chevron Chemical Company in Richmond, which manufac- tures pesticides, fertilizers and chemicals for agricultural and nonagricultural purposes. Chevron Research Company is also located in Richmond and is the only non-geological research arm of the company. A new S15 million research center, currently under construction, is nearing completion. The facility will be used by Chevron Research in its continuing program to improve the efficiency of conventional auto, aircraft and marine fuels. Chevron Accounting Division is located in Concord. It serves as the finance and computer facility for Chevron USA's entire domestic operations.The Accounting Division is quartered in a new 400,000 square foot building which was completed in early 1982. Chevron USA personnel involved in exploration, land and production (totaling 500 employees) are temporarily quartered in the new Concord facility pending construc- tion of the 143-acre, 1.6 million square foot office complex planned in San Ramon. The San Ramon facility will house some 6,000 employees involved in computer and other functions. Total employment in the County for Chevron USA is broken down as follows: Richmond Refinery — 2,580; Accounting and Computer — 2,050; Research -- 1,500; Exploration, Land and Production — 500; Ortho Division — 720. Shell Oil Company began operating in Martinez in 1915. The Shell Oil and Chemical Martinez Manufac- turing Complex, located on 1,100 acres, is a combination oil refinery and industrial chemical manufacturing unit. It is one of three Shell facilities on the West Coast which supplies all Shell products to the western states. The complex has the capacity to process 120,000 barrels of crude oil per day. About one-half the crude oil is transferred via the company's pipeline from California oil fields while the other half is shipped from Alaska. Shell's docking facilities can handle two tankers and two barges simultaneously. Finished petroleum products 25 200 are shipped out via a company-owned pipeline, Southern Pacific Railroad's pipeline and via railcars and trucks. In late 1980 Shell Oil commenced a $300 million modernization program which increases output of gasoline and turbine fuel refined from higher sulphur content domestic crude oil. Shell employees in Contra Costa County total about 1,300, of which 1,165 work at the Martinez complex and a small Pittsburg operation. In addition Shell Oil and Chemical operates a business office in San Ramon employing 135. Union Oil Company operates an oil refinery at Rodeo between the cities of Richmond and Martinez and distribution terminal for Northern California at Richmond. The oil refinery, which began operations in 1896, occupies 1,100 acres and processes up to 100,000 barrels of raw materials per day. Union's docking facilities can handle tankers up to nine million gallons. There are 520 full-time employees at the refinery and 80 at the distribution terminal. Tosco Corp. operates the 126,000 barrels per day capacity refinery at Avon.The refinery,which has been in operation since 1910, uses crude oil from the North Slope of Alaska and the heaviest crude oil from California oil fields and refines it into high grade light fuel products. It is located on a 2,200-acre site and employs 800 people. U.S. Steel-Pittsburg Works began operations in 1910 in Pittsburg. It currently operates a finishing mill, wire mill, sheet mill and tin mill. The company ships its products either by three railroad lines, ocean going vessels or via trucks. Its employees total 1,700. In the 1960's Contra Costa County developed as a center of light manufacturing, primarily in the electronics industry. The largest of these companies is Systron-Donner. The company began operations in Concord in the early 60's and is now located in four buildings on 23 acres and employs 950. A number of the heavy industry companies have located research and/or office divisions in the suburban centers of San Ramon, Concord, and Walnut Creek. The table on page 27 lists certain major employers in Contra Costa County. In addition to the manufacturing employment base, Contra Costa County has a large and growing commercial, business and services industry. Several large firms, including Bank of America and Pacific Telephone, have announced plans to build new facilities in the County. A substantial portion of Contra Costa's work force commutes to San Francisco primarily to white collar jobs in the City's financial district. Four major job categories comprise 76 percent of Contra Costa County's work force. They are retail trade (22.2 percent), services (20.6 percent), government (19.2 percent) and manufacturing (14.0 percent). During the past five years from 1977 through 1981 finance, insurance and real estate was the fastest growing major category increasing by 48 percent, followed by a 30 percent increase in services and a 25 percent growth rate in wholesale trade. In contrast, agricultural employment declined by 15 percent. Figures for 1982 were not available at the time of printing this Official Statement. Overall in the five years (1977-1981) total employment rose 15.4 percent while population increased 7.8 percent. As of December, 1982 based on unadjusted data, unemployment in the County was 8.9 percent compared to 11.0 percent for the State and 10.5 percent for the U.S. 26 2170 COUNTY OF CONTRA COSTA _ LABOR MARKET SURVEY (in thousands) 1977 1978 1979© 1980© 1981 Mining and construction . . . . . . . . . . . . . . 11.0 12.5 13.8 14.1 13.4 Manufacturing . . . . . . . . . . . . . . . . . . . . . . 26.5 26.4 27.5 27.1 28.4 Chemicals . . . . . . . . . . . . . . . . . . . . . . . 4.1 3.9 3.9 3.6 3.8 Petroleum . . . . . . . . . . . . . . . . . . . . . . . 5.0 5.0 5.3 5.4 6.9 Other nondurables . . . . . . . . . . . . . . . . . 6.2 6.0 5.9 5.8 5.7 Durable goods . . . . . . . . . . . . . . . . . . . . 11.2 11.5 12.4 12.3 12.0 Transportation and public utilities . . . . . . . 9.7 10.4 10.9 11.8 12.0 Wholesale trade . . . . . . . . . . . . . . . . . . . . . 7.1 7.6 7.9 8.7 8.9 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 Services . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.3 36.6 38.3 40.0 42.0 Business services . . . . . . . . . . . . . . . . . . 6.1 7.0 7.9 8.4 8.8 Health services. . . . . . . . . . . . . . . . . . . . 9.6 10.2 11.0 11.4 11.9 Other services. . . . . . . . . . . . . . . . . . . . . 16.6 19.4 19.4 20.2 21.3 Government . . . . . . . . . . . . . . . . . . . . . . . . 40.5 40.4 38.9 39.7 39.0 Agriculture . . . . . . . . . . . . . . . . . . . . . . . 2.0 1.9 1.8 1.7 1.7 Total . . . . . . . . . . . . . . . . . . . . . . . . . . 176.3 186.8 194.3 199.0 203.5 O Total does not add due to independent rounding. Source: State Department of Employment Development. COUNTY OF CONTRA COSTA MAJOR INDUSTRIAL EMPLOYERS WITH OVER 500 EMPLOYEES Firm Location Product Employment Chevron USA, Inc. Refinery . . . . . . . . . . . . . . . . . . . . .Richmond Petroleum products 2,580 Accounting Division . . . . . . . . . . . .Concord Finance 2,050 Research Company . . . . . . . . . . . . .Richmond Research 1,500 Chemical-Ortho. . . . . . . . . . . . . . . .Richmond Chemicals, fertilizer 720 Exploration, Land and Production . . . . . . . . . . . . . .Concord Exploration 500 Marketing . . . . . . . . . . . . . . . . . . . .San Ramon Marketing, sales 150 7,500 Safeway. . . . . . . . . . . . . . . . . . . . . . . .Contra Costa County Retail foo¢ outlet 3,600 U.S. Steel . . . . . . . . . . . . . . . . . . . . . .Pittsburg Steel products 1,700 California & Hawaiian Company . . . .Crockett Sugar refinery 1,300 Shell Oil Company . . . . . . . . . . . . . . . Martinez, San Ramon Petroleum products, administration 1,300 Naval Weapons Station . . . . . . . . . . . .Concord Munitions depot 1,118 Systron-Donner. . . . . . . . . . . . . . . . . .Concord Electronics 950 Tosco Corp . . . . . . . . . . . . . . . . . . . . .Avon Petroleum products 800 Dow Chemical, U.S.A. . . . . . . . . . . .Pittsburg, Walnut Creek Chemicals, research sales 650 Union Oil of California. . . . . . . . . . . .Rodeo, Richmond Petroleum products 600 Stauffer Chemical Company. . . . . . . .Richmond, Martinez, Pittsburg Chemicals, research 600 Louisiana Pacific-Fibreboard . . . . . . . Antioch Kraft, linerboard, containers 542 Source: Bank of America Public Finance Survey, February 1983. 27 - 271 1 Environmental Control Services Water Supply: The East Bay Municipal Utility District (EBMUD) and the Contra Costa County Water District supply residents with water. EBMUD, the second largest retail water distributor west of the Mississippi, supplies water to the western part of the County. Ninety-five percent of its supply is the Mokelumne River stored at the 68 billion gallon capacity Pardee Dam. The District is entitled to 325 million gallons per day under a contract with the State Water Resources Control Board, plus an additional 325 million gallons per day under a contract with the U.S. Water and Power Resources Service (formerly the U.S. Bureau of Reclamation). The District does not plan to draw on its federal entitlement for the foreseeable future. Currently the District's water supply is sufficient. The Contra Costa County Water District obtains its water from the Sacramento-San Joaquin Delta. It is entitled under a contract with the U.S. Water and Power Resources Service to 195,000 acre-feet per year. Water sold has ranged between 80,000 and 110,000 acre-feet annually. In addition, a number of industrial users and several municipalities draw water directly from the San Joaquin River under their own riparian rights, so that actual water usage in the service area averages about 125,000 acre-feet annually. The District states its water supply is sufficient for the foreseeable future and has no plans to bring in additional supplies. Sewerage: Sewer services for the County are provided by approximately 20 sanitation districts and municipalities. Federal and State environmental requirements plus grant money available from these two sources have resulted in about 14 agencies upgrading, expanding and/or building new facilities. Flood Control: The Contra Costa County Flood Control District has been in operation since 1951 to plan,build, and operate flood control projects in unincorporated areas of the County except for the Delta area on its eastern border. The Delta is interspersed with inland waterways which fall under the jurisdiction of the U.S. Corps of Engineers and the State Department of Water Resources. The District has one major project under construction — a $25,000,000 project in the vicinity of Concord. The District's portion of the cost is $1,850,000; the rest is provided by the Corps of Engineers, the project builder. The County has experienced no major flooding in urbanized areas since October 1962. Population Population in Contra Costa County reflects the County's growth as a manufacturing center in the early 1900's and as a light manufacturing and suburban center beginning in the 1950's. Population rose almost 200 percent in the 1940's, due mostly to wartime industry in the City of Richmond. During the 50's and 60's population increased 37 percent each decade. The 1970's saw a slower growth rate of about 17 percent.The table below shows a 40 year history of the County's population growth. Population centers in Contra Costa County first developed in the coastal cities of Richmond, Martinez, Pittsburg, and Antioch. Heavy manufacturing provided the major impetus for population growth. Three other unincorporated towns, Lafayette, Orinda and Moraga,became prime residential areas when access to Oakland and San Francisco was improved by the opening of the Caldecott Tunnel in 1937. The cities of Walnut Creek and Concord grew rapidly during the 1960's and 70's. While both cities have an economic base of light manufacturing,their population growth came about from opening of highways primarily to San Francisco and in the 70's from the establishment of rapid transit (BART). 1 i 28 272 COUNTY OF CONTRA COSTA POPULATION Special Census City-Arca 1940 1950 1960 1970 1975 1980 1982 Antioch . . . . . . . . 5,106 11,051 17,305 28,060 33,215 43,559 44,100 Brentwood . . . . . . - 1,729 2,186 2,649 3,662 4,434 4,680 Clayton . . . . . . . . - - - 1,385 1,790 4,325 4,350 Concord . . . . . . . . 1,373 6,953 36,208 85,164 94,673 103,251 101,100 EI Cerrito . . . . . . . 6,137 18,011 25,437 25,190 22,950 22,731 22,400 Hercules . . . . . . . 343 343 310 252 121 5,963 6,475 Lafayette . . . . . . . - - - 20,484 19,628 20,879 22,250 Martinez . . . . . . . 7,381 8,268 9,604 16,506 18,702 22,582 23,550 Moraga . . . . . . . . - - - 14,205 14,418 15,014 14,700 Pinole . . . . . . . . . 934 1,147 6,064 15,850 15,337 14,253 14,300 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 Richmond . . . . . . 23,642 99,545 71,584 79,043 70,126 74,676 74,900 San Pablo . . . . . . . - 14,476 19,687 21,461 19,392 19,750 20,700 Walnut Creek . . . . 1,578 2,420 9,903 39,844 46,034 53,643 55,200 Unincorporated . . 44.436 122,278 191,680 163,035 173,036 194,034 194,795 Total County. . . 100,450 298,984 409,030 558,389 582,829 657,252 665,200 California . . . . . . 6,907,387 10,586,223 15,717,204 18,136,045 21,185,000 23,668,562 24,423,087 Sources: U.S. Census: 1940-1980;State Department of Finance: 1975 and 1982. Commercial Activity Commercial activity forms an important part of Contra Costa County's economy. Between 1977 and 1981 total taxable transactions rose 38 percent. The table below shows the County's taxable transactions for 1977 through 1981. Complete figures for 1982 were not available at the time of printing this Official Statement. For the first three quarters of 1982 retail sales totaled $2,054,410,000 down 5.8 percent from comparable period in 1981 when retail sales totaled $2,180,448,000. Total taxable transactions totaled $2,832,266,000 during the first three quarters of 1982 down 2.0 percent from the comparable period in 1981 when total taxable transactions totaled $2,891,388,000. Much of the County's commercial centers are concentrated in central business districts of the cities and unincorporated towns. In addition four regional shopping centers and numerous smaller centers serve County residents. The regional centers located in the cities of Richmond,Concord, Walnut Creek,and Antioch each arc anchored by at least three major stores. The largest is Sun Valley Shopping Center which opened in 1967. Macy's, Sears, Penncy's, Mervyn's and Emporium-Capwell serve as anchors; total number of stores is 130. The County is %ctwcd by all major bank--s. They include (number of branches in parentheses) Bank of America NT&SA (24), Security Pacific (7), Wells Fargo (19), Crocker National (9), First Interstate (6), and Hibernia (8). In addition there arc numerous smaller banks and branches of smaller California and foreign banks. There are over 30 savings and loan associations in Contra Costa County including Home Savings, Creat Western, San Francisco Federal and California Federal. 29 _ 2 7 3 COUNTY OF CONTRA COSTA TAXABLE TRANSACTIONS (in thousands of dollars) 1977 1978 1979 1980 1981 Apparel stores . . . . . . . . . . . . . . . . S 93,487 S 104.386 S 113,179 S 124,452 $ 131,928 General merchandise stores . . . . . . 417,800 456,539 473.509 520,946 548,544 Specialty stores . . . . . . . . . . . . . . . 120.895 138,982 167,666 186,679 205,402 Fcxxi stores . . . . . . . . . . . . . . . . . . . 159,633 176.138 203,515 211,301 288,989 Package liquor stores . . . . . . . . . . . 44.638 46.829 55,523 56,789 57,605 Eating and drinking places. . . . . . . 162,981 190.357 214,864 237.863 261.551 Home furnishings and appliances 95,878 111.615 141,543 138.325 145,254 Building materials and farm implements. . . . . . . . . . . . . . . . . 129,918 159.671 188.388 210,660 192,685 Service stations. . . . . . . . . . . . . . . . 798,928 670,422 923,414 1,064.817 734,819 Automobile, boat, motorcycle and plane dealers and parts outlets . . 326,856 368.093 `395,299 373,061 412,385 Total Retail Outlets. . . . . . . . . $2,351,014 $2.423,092 52,876,900 53,124,893 $2,979,162 Business and personal services . . . S 62,560 S 77,658 S 88,530 S 98,263 S 112,220 All other outlets . . . . . . . . . . . . . . . 444,983 519,627 659,152 756,152 850,637 Total All Outlets. . . . . . . . . . . $2,858,557 S3,020,377 S3,624,582 53,979,308 $3,942.019 Source: State Board of Equalization. Construction Activity The value of building permits issued in Contra Costa County totaled 5433,829,000 in 1981, a 6.7 percent decrease from the prior year when permits totaled $464,979,000. Results for the first 10 months of 1982 shows the decline in building permits and valuations continuing from 1981. Since 1977 residential building permits have accounted for more than half of the total valuation of permits issued. Single family permits have typically comprised 80 percent or more of new dwelling units authorized. Over the five year period (1977-1981)permits have been issued for 26,749 single family homes valued at $1,299,913,000 and 4,980 multiple family dwelling units valued at $124,869,000. Approximately one-third to one-half of the single family permits were issued in the unincorporated areas of the County. The following table provides a summary of building permit valuations and number of new dwelling units authorized in the County since 1977. The high for single family building permits occurred in 1977. Part of the increase was due to the threat of a building moratorium in the city of Antioch which accelerated permit application filings. COUNTY OF CONTRA COSTA BUILDING PERMIT VALUATIONS 1977 1978 1979 1980 1981 19820 Valuation (in thousands) Residential . . . . . . . . . . . . . . $424,604 $284,976 $327,107 $306,175 $227,924 $171,612 Nonresidential . . . . . . . . . . . 101,762 130,012 129,187 158,804 205,905 172,100 Total . . . . . . . . . . . . . . . . . $526,366 $414,988 $456,294 $464,979 $433,829 $343,712 New Dwelling Units: Single family . . . . . . . . . . . . . 9,059 4,993 5,608 4,566 2,523 1,573 Multiple family . . . . . . . . . . . 1,345 1,41.5 781 854 585 811 Total . . . . . . . . . . . . . . . . . 10,404 6,408 6,389 5,420 3,108 2,384 First 10 months of 1982 only. Source: "California Construction Trends." Security Pacific National Bank. 30 - . 274 Tiransportation Availability of a broad transportation network has been one of the major factors in the County's economic and population growth. Road transportation on Interstate 80 connects the western county to San Francisco, Sacramento and points north to Interstate 5, the major north-south highway from Mexico to Canada. Interstate 680 connects the central county communities to the rest of the Bay Area via State Routes 4 and 24, major east- west arteries. AC Transit, a daily commuter bus service based in Oakland, connects Contra Costa communities to San Francisco and Oakland. Central Contra Costa Transit Authority (CCCTA) was formed in 1981 to provide local bus service to the central area of the County. CCCTA is currently providing service in Walnut Creek, Pleasant Hill and Concord and other central County areas. Since 1974 Bay Area Rapid Transit System(BART)with two main lines, one to Richmond and the other to the Concord/Walnut Creek area, connects the County to Alameda County, San Francisco and Daly City in San Mateo County. Other bus and rail passenger service is provided by Greyhound, Trailways Bus, and Amtrak. The Santa Fe and Southern Pacific Railroads' mainlines service Contra Costa County, both in the industrial coastal areas and the inland farm section. The port of Richmond on San Pablo Bay and several privately owned industrial docks on both San Pablo and Suisun Bays serve the heavy industry located in the area. The Port of Richmond,owned and operated by the City, now covers 250 acres and plans to add 100 more. The first phase of a new container terminal covering 16 acres has been completed and is being operated by Matson Terminals, Inc. The Port handled 1,092,867 short tons in 1981, down slightly from 1,189,032 in 1980. The majority of the shipments are bulk liquid with the remainder being scrap metal and autos. Private terminals near Richmond handled 17,423,284 short tons in 1981. The largest shipper is Chevron: 15,736,089 short tons at its modern pier. Major scheduled airline passenger and freight transportation for County residents is available at either Oakland or San Francisco International Airports, located about 20 and 30 miles, respectively. from the County. In addition there are two general aviation fields, one at Antioch and the other at Concord. Agriculture Agriculture is concentrated in the eastern half of the County. Major individual products in terms of 1981 dollar value are: beef cattle ($7.7 million), milk ($5.3 million), tomatoes ($4.6 million), bedding plants ($4.1 million), sugar beets ($2.7 million) and asparagus ($2.2 million). COUNTY OF CONTRA COSTA - AGRICULTURAL PRODUCTION 1977 1978 1979 1980 1981 Nursery products . . . . . . . . . . . . . $12,172,700 512,612,900 $15,713,800 516,979,300 S15.718,000 Livestock and poultry. . . . . . . . . . 7,442,420 11,883,000 13,667,000 9,519,140 8,141,840 Field crops . . . . . . . . . . . . . . . . . . 8.011,700 11,355,000 13,824.700 12.919.700 13,677,500 Vegetable and seed crops . . . . . . . 11,566,000 9,288,300 11.058,400 10,677,000 9.526,200 Fruit and nut crops. . . . . . . . . . . . 6,214,700 7,843,000 7.310.670 6,933,000 8,291,200 Livestock, apiary and poultry products . . . . . . . . . . . . . . . . . . 4,106.370 2,979,760 3,585,750 4,589,430 5,403,350 Total . . . . . . . . . . . . . . . . . . . $49,513,890 555.961.960 565.160.320 561.606.870 560.758,090 Source: Contra Costa County Department of Agencutture. Education and Community Services Public school education is available thrcurgh ten elementary, two high school and seven unified school districts. In addition there are a number of pri%-atc khck?l1 in t' e County School enrollment in the Fall 1981 was ahc?ut 117,907 in public schools. ,l - 275 Thr Contra Co�,u Ccunt8 t`ommunttN CcAlcgc DL%tnct has thrrc campuses, one at Richmond, one at Picasant Hill mW vmx mit PittNturg. C41&,"ta Statc Unt%rrsity at Hayward opened a branch campus, caikd Centra Co%-u C cntcr, to the Ctts of Picas.=t Hill to the 1=dl of 1981. The Center currently offers late afternoon "c--vni ;da� in bumm-".education xW labra.: arta St. Mary`s College o(Caiifornia.a four-year prisate institutiLm. is l xgt—d cin a carnpus in Sltvaga Algia lmsd within the County, in Orinda. is John F. Kcn,vd- % L'nv-mitt% In * clttwn C'o unt% rrstdrnt!� a;r within cast' commuting distance of the University of CaltfMta at 8crl;,cic- 1hcrc are ntnc MI-veltcVcrurd hca�}�jtai. an tuo public hmpttal districts in Contra Costa County with a t ial t4 1,9(k)bcds Thrrc cit the pn%vc Nuptials an run by Kaiser Nrm tnrntc,the largest health maintenance cx'};art.aatt,m to the United States The Wteraru -VAtmnt+tration operates a 443-bed facility in the City of ?"�4srttne: 32 _ 276 CCc-8 2249s 2-10-83 Draft CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Trustee INDENTURE Dated as of April 1 , 1983 CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 1983 BONDS and $3 , 850, 000 BONDS OF SERIES A 2 ' r r TABLE OF CONTENTS Page Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Preambles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Form of Coupon Bonds of Series A. . . . . . . . . . . . . . . . . . . . . 3 Form of Interest Coupon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Form of Trustee ' s Certificate of Authentication to Appear on Coupon Bonds of Series A. . . . . . . . . . . . . 8 Form of Fully Registered Bonds of Series A. . . . . . . . . . . 8 Form of Trustee' s Certificate of Authentication and Registration to Appear on Registered Bonds. . . . 12 Form of Corresponding Coupon Bond Endorsement. . . . . . . . i2 Form of Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Granting Clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Habendum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Declaration of Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section ARTICLE I -- Definitions , Notices 1 . 01 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1 . 02 Notice to Corporation and Trustee . . . . . . . . . . . . . 20 ARTICLE II -- The Bonds 2 . 01 Authorization of Bonds . . . . . . . . . . . . . . . . . . . . . . . . 20 2 . 02 Terms of Bonds of Series A. . . . . . . . . . . . . . . . . . . . 20 2 . 03 Terms of Redemption. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE III -- Issue of Bonds 3 . 01 Authentication and Delivery of Bonds of Series A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3 . 02 Application of Proceeds of Bonds of Series A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3 . 03 Acquisition and Construction Fund. . . . . . . . . . . . . 24 3 . 04 Issuance of Additional Series of Bonds . . . . . . . . 26 3 . 05 Proceedings for Issuance of Additional Series of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3 . 06 Additional Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE IV -- Revenues 4. 01 Pledge and Assignment of Revenues; Revenue Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 i 1 278 Section Page 4. 02 Allocation of Moneys in Revenue Fund to Special Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 (a) Interest Fund (b) Principal Fund (c ) Operation and Maintenance Fund (d) Reserve Fund 4. 03 Corporate Operation Fund. . . . . . . . . . . . . . . . . . . . . 35 4. 04 Investment of Moneys in Special Funds. . . . . . . . 36 4. 05 Fund Accounting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE V -- Covenants of the Corporation 5 . 01 Construction of Project. . . . . . . . . . . . . . . . . . . . . . 37 5 . 02 Reserved Estate for Years. . . . . . . . . . . . . . . . . . . . 37 5 . 03 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 5 . 04 Miscellaneous Covenants . . . . . . . . . . . . . . . . . . . . . . 43 5 . 05 County Budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 5 . 06 Sale of Personal Property. . . . . . . . . . . . . . . . . . . . 44 5 . 07 Paying Agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 5 . 08 Arbitrage Bond Covenant and Industrial Development Bond Covenant. . . . . . . . . . . . . . . . . . 45 ARTICLE VI -- Additional Definitions 6. 01 Additional Definitions . . . . . . . . . . . . . . . . . . . . . . . 65 6. 02 Content of Certificates and Opinions . . . . . . . . . 68 ARTICLE VII -- Provisions Concerning the Bonds 7 . 01 Execution of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 7 . 02 Transfer of Coupon Bonds . . . . . . . . . . . . . . . . . . . . . 70 7 . 03 Transfer of Fully Registered Bonds . . . . . . . . . . . 70 7 . 04 Exchange of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 7. 05 Bond Register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 7 . 06 Temporary Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 7 . 07 Bonds Mutilated, Lost, Destroyed or Stolen. . . 73 ARTICLE VIII Provisions Regarding Redemption of Bonds 8 . 01 Selection of Bonds for Redemption. . . . . . . . . . . . 74 8 . 02 Notice of Redemption. . . . . . . . . . . . . . . . . . . . . . . . . 74 8. 03 Effect of Redemption. . . . . . . . . . . . . . . . . . . . . . . . . 76 8 . 04 Rescission of Notice of Redemption. . . . . . . . . . . 76 ii 279 Section Page ARTICLE IX Additional Covenants of the Corporation 9 . 01 Payment of Principal and Interest. . . . . . . . . . . . . 77 9 . 02 Extension or Funding of Interest Coupons . . . . . . 77 9 . 03 Maintenance of Revenues . . . . . . . . . . . . . . . . . . . . . . . 77 9 . 04 Accounting Records and Reports . . . . . . . . . . . . . . . . 77 9 . 05 Compliance with Indenture . . . . . . . . . . . . . . . . . . . . . 78 9 . 06 Authorization for Bonds . . . . . . . . . . . . . . . . . . . . . . . 78 9 . 07 Observance of Laws and Regulations . . . . . . . . . . . . 78 9 . 08 Maintenance and Repair of Project. . . . . . . . . . . . . 79 9 . 09 Other Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 9 . 10 Compliance with Contracts . . . . . . . . . . . . . . . . . . . . . 80 9 . 11 Prosecution and Defense of Suits . . . . . . . . . . . . . . 80 9 . 12 Recordation and Filing. . . . . . . . . . . . . . . . . . . . . . . . 81 9 . 13 Eminent Domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 9 . 14 Further Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 ARTICLE X -- Remedies on Default 10. 01 Events of Default; Acceleration; Waiver of Default. . . 83 10 . 02 Power of Trustee to Enter and Take Possession of Trust Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 10 . 03 Rights and Duties of Trustee upon Entry. . . . . . 86 10 . 04 Institution of Legal Proceedings by Trustee. . 87 10. 05 Power of Sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 10 . 06 Acceleration upon Exercise of Power of Sale. . 89 10 . 07 Sale as Entirety or in Parcels . . . . . . . . . . . . . . . 89 10 . 08 Adjournments of Sale . . . . . . . . . . . . . . . . . . . . . . . . . 89 10 . 09 Transfer to Purchaser at Sale . . . . . . . . . . . . . . . . 90 10 . 10 Sale a Bar Against Corporation. . . . . . . . . . . . . . . 90 10 . 11 Purchaser Not Liable for Application of Purchase Money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 10 . 12 Application of Bonds to Purchase Price. . . . . . . 91 10 . 13 Purchase by Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . 91 10 . 14 Application of Proceeds of Sale . . . . . . . . . . . . . . 91 10 . 15 Effect of Delay or Omission to Pursue Remedy. 92 10. 16 Remedies Cumulative . . . . . . . . . . . . . . . . . . . . . . . . . . 93 10. 17 Waiver by Corporation of Benefits of Laws For Protection of Debtors. . . . . . . . . . . . . . . . . . 93 10. 18 Covenant to Pay Bonds in Event of Default, Etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 10 . 19 Rights of Trustee in Receivership Proceedings, Etc . . 95 10 . 20 Rights of Bondholders to Control Proceedings by Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 10 . 21 Limitation on Bondholders ' Right to Sue. . . . . . 96 iii 280 Section Page 10 . 22 Absolute Obligation of Corporation. . . . . . . . . . . 97 10. 23 Waiver of Personal Liability of Individuals. . 97 ARTICLE XI -- The Trustee 11 . 01 Duties, Immunities and Liabilities of Trustee. 98 11 . 02 Right of Trustee to Rely upon Documents, Etc . . 99 11 . 03 Trustee Not Responsible for Recitals . . . . . . . . . . 100 11 . 04 Right of Trustee to Acquire Bonds . . . . . . . . . . . . . 100 11 . 05 Moneys Received by Trustee to Be Held in Trust 100 11 . 06 Compensation and Indemnification of Trustee . . . 100 11 . 07 Qualifications of Trustee . . . . . . . . . . . . . . . . . . . . . 101 11 . 08 Resignation and Removal of Trustee and Appointment of Successor Trustee. . . . . . . . . . . . 102 11 . 09 Acceptance of Trust by Successor Trustee. . . . . . 103 11 . 10 Merger or Consolidation of Trustee . . . . . . . . . . . . 104 11 . 11 Records of Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 ARTICLE XII -- Modification of Indenture 12 . 01 Modification without Consent of Bondholders . . . 105 12 . 02 Modification with Consent of Bondholders . . . . . . 106 12 . 03 Effect of Supplemental Indenture . . . * * * . . . . * * * ' ndenture . . . . . . . . . . . . . . 107 12 . 04 Opinion of Counsel . as to Supplemental Indenture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 12 . 05 Notation of Modification on Bonds; Preparation of New Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 ARTICLE XIII -- Defeasance 13 . 01 Discharge of Indenture . . . . . . . . . . . . . . . . . . . . . . . . 108 13 . 02 Discharge of Liability on Bonds and Coupons . . . 109 13 . 03 Payment of Bonds and Coupons after Discharge of Indenture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 ARTICLE XIV -- Miscellaneous 14. 01 Successors of Corporation. . . . . . . . . . . . . . . . . . . . . 110 14. 02 Limitation of Rights to Parties and Bondholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 14 . 03 Waiver of Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 14 . 04 Destruction of Bonds and Coupons . . . . . . . . . . . . . . 111 14 . 05 Severability of Invalid Provisions . . . . . . . . . . . . 111 14 . 06 Evidence of Rights of Bondholders . . . . . . . . . . . . . 111 14. 07 Article and Section Headings . . . . . . . . . . . . . . . . . . 113 14. 08 Execution in Several Counterparts . . . . . . . . . . . . . 114 iv 28.E Page Execution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Exhibit A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 282 THIS INDENTURE, made and entered into as of the first day of April, 1983 , by and between Contra Costa County Public Facilities Corporation, a nonprofit corporation organized and existing under and by virtue of the laws of the State of California, and having its principal place of business in the County of Contra Costa in said State (herein called the "Corporation" ) , party of the first part, and 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, and being qualified to accept and administer the trusts hereby created (herein called the "Trustee" ) , party of the second part, W I T N E S S E T H : WHEREAS, the Board of Supervisors of the County of Contra Costa (herein called the "County" ) has heretofore determined that the public interest and necessity require the acquisition for the use of the County of three office buildings located at 630 Court Street, Martinez, California, at 40 Muir Road, Martinez, California, and at 2970 Willow Pass Road, Concord, California ( said three office buildings being herein called "Project Phase II " ) ; WHEREAS, Project Phase II is located on certain real property more particularly described in Exhibit A attached hereto and made a part hereof; WHEREAS, pursuant to and in accordance with the Government Code of the State of California, the Board of Supervisors of the County heretofore determined to sell the County' s interests (i ) as lessee of certain real property generally described as a lease, dated November 23 , 1976, as amended, from Keller- Development Company and Earl D. Dunivan and Joanne Dunivan, lessors, and the County, lessee, of property generally known as 630 Court Street, Martinez, California, ( ii ) as optionee of certain real property under an Option to Purchase Real Property, dated January 25, 1983, from Duffel Financial and Construction Company, owner, to the County, optionee, of property generally mown as 40 Muir Road, Martinez, California, and ( iii ) as optionee of certain real property under an Option to Purchase Real Property, dated December 7, 1982 , from William H. Moran and Dorothy J. Moran, owners, to the County, optionee, of property generally known as 2970 Willow Pass Road, Concord, California, on the conditions that the accepted bidder shall be required to ( a) accept an assignment from the County of the County' s interests in said lease and said options, (b) exercise the options to purchase real property contained in said lease and 263 . said options, (c ) execute and deriver to the County a Deed of Gift vesting title in sasd rear property in the County, subject , however, to a reserved estate for twenty years in said property, and (d) lease said property back to the County, a::L upon certain other ,Corms and conditions prescribed by the Ccunty. and so/ :cited competitive bids t::er efor; WI EP.EAS, the Corporation hays been formed for the pL:gose of rendering financial assistance to the County by fi anc,:ng the acquis: tion, con st.uction, improvement and remodeil.ng of public but dings and facilities; the Corporat.on $ub.-stied the beat bid received by the County at said cornpeti tl, a b dd:ng; and p::r suant thereto the Corporation has exercised the options to purchase contained in sa_d lease and said opt:ons , has acquired said real property and has deeded said property acquired by it to the County as a gift , reserving, ::owever, in the Corporation an estate for twenty years from April 1 . 3983 ; WliEREAS, the Corporation has leased said real p.Lpe:ty and Project Phase T. T. located thereon to the County by a lease, dated as of April 1 , 1983 (herein called the "Fac i l : ty Lease ( Pre j ect Phase .11 ) " ) ; WEERE.AS, the Corporation has not made, and does not • n*end tc -rake, any profit by reason of any business or ven tore .n v!hi ch it may engage or by reason of the acqui si 4 on and construction of the Project, and no part of the Co piston' s net earnings, if any, will ever inure to the be::ef i t of any person except the County; WiERE.AS, the Corporation has determined to borrow ^ones for its corporate purposes and to that end has duly authorized the issuance of its bonds hereunder, and to secure the pa :.tent of the principal thereof and of the interest and prermi= ( if any) thereon, and the observance of the covenants and conditions herein contained, has authorized the execution and delivery of this indenture ; WHEREAS, said bonds are to be issued hereunder, designated the "Contra Costa County Public Facilities Corporation 1983 Bonds" (herein called the "Bonds" ) , from time to time, in an aggregate prirkcipal amount not limited except as hereinafter provided, and the Corporation has further determined to issue a first series thereof, designated "Bonds of Series A, " in an aggregate principal amount of not exceeding three million eight hundred fifty thousand dollars ( $3 , 850, 000) ; 2SII 2 WHEREAS, the coupon Bonds of Series A, the interest coupons to be attached thereto, the form of Trustee ' s certificate of authentication to appear thereon, the fully registered Bonds of Series A, and the forms of Trustee ' s certificate of authentication and registration, corresponding coupon bond endorsement and assignment to appear thereon, are to be in substantially the following forms, respectively, with necessary or appropriate variations, omissions and insertions,, as permitted or required by this Indenture: [ FORM OF COUPON BONDS OF SERIES A] $5, 000 No. A CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 1983 BOND SERIES A CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, a nonprofit corporation organized and existing under and by virtue of the laws of the State of California (herein called the "Corporation" ) , for value received, hereby promises to pay (but only out of the Revenues hereinafter referred to) to the bearer hereof, on April 1 , ( subject to any right of prior redemption hereinafter provided for) , the principal sum of Five Thousand Dollars ( $5, 000) in lawful money of the United States of America; and to pay interest thereon in like money from the date hereof until payment of such principal sum, at the rate of per cent (_/) per annum, payable semiannually on April 1 and October 1 in each year, but only, in the case of- interest due on or before maturity, upon presentation and surrender, and according to the tenor, of the respective interest coupons hereto annexed as they severally mature . Both the principal hereof and interest hereon are payable at the principal corporate trust office of Bank of America National Trust and Savings Association (herein called the "Trustee" ) , in San Francisco, California, or, at the option of the holder, at the principal office of the paying agent of the Corporation in New York, New York. This Bond is one of a duly authorized issue of bonds of the Corporation designated as the "Contra Costa County Public Facilities Corporation 1983 Bonds" (herein called the "Bonds" ) , unlimited in aggregate principal amount, except as otherwise provided in the Indenture hereinafter mentioned, of the series and designation indicated on the face hereof, which issue of Bonds consists or may consist of one or more series, of varying dates, numbers, interest rates and other provisions, all issued under and equally secured by 3 2�� an indenture (herein called the "Indenture" ) , dated as of April 1, 1983 , between the Corporation and the Trustee. The Bonds are obligations of the Corporation secured by a lien on the leasehold interest of the Corporation in certain real property, as set forth in the Indenture, and on the Revenues, as defined in the Indenture . Additional bonds may be issued on a parity with the Bonds, but only subject to the terms of the Indenture . Reference is hereby made to the Indenture and all indentures supplemental thereto for a description of the rights thereunder of the bearers and registered owners of the Bonds and the bearers of the appurtenant coupons, of the nature and extent of the security, of the rights, duties and immunities of the Trustee and of the rights and obligations of the Corporation thereunder, to all of the provisions of which Indenture the bearer of this Bond, by acceptance hereof, assents and agrees . The Indenture contains provisions permitting the Corporation and the Trustee, with the consent of the holders of not less than sixty per cent ( 60%) in aggregate principal amount of the Bonds at the time outstanding, evidenced as in the Indenture provided, to execute supplemental indentures adding any provisions to, or changing in any manner, or eliminating any of the provisions of, the Indenture; provided, however, that no such supplemental indenture shall ( 1 ) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof, without the consent of the holder hereof, or (2 ) reduce the aforesaid percentage of holders of Bonds whose consent is required for the execution of such supplemental indentures, or permit the creation of any lien on the trust estate prior to or on a parity with the lien of the Indenture (except as expressly permitted therein) or deprive the holders of the Bonds of the lien created by the Indenture upon the trust estate (except as expressly permitted by the Indenture) , without the consent of the holders of all Bonds then outstanding. The Corporation shall have the right, under the circumstances prescribed in the Indenture, to redeem Bonds of Series A at the principal amount thereof plus accrued interest to the date of redemption through the application of proceeds of insurance and eminent domain proceedings . Bonds of Series A due on or before April 1, 1993 are not otherwise subject to redemption before their respective stated maturities. Bonds of Series A due on or after April 1, 1994 are also subject to redemption prior to their respective stated maturities, at the option of the Corporation, as a whole, or in part in inverse order of maturities and by lot within any such maturity if less than all of the Bonds of Series A of such maturity be redeemed, from any source of 4 - 286 available funds, on any interest payment date on or after April 1, 1993 , at the principal amount thereof and accrued interest thereon to the date fixed for redemption, plus a premium of one-fourth of one per cent ( 1/4 of 1%) of such principal amount for each whole year or fraction thereof remaining between the date fixed for redemption and their respective stated maturities . As provided in the Indenture, 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 Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, interest shall cease to accrue hereon from and after the date fixed for redemption, and coupons for such interest subsequently maturing shall be void. If an event of default, as defined in the Indenture, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture. The Indenture provides that in certain events such declaration and its consequences may be rescinded by the holders of at least sixty per cent (60%) in aggregate principal amount of the Bonds then outstanding. The Bonds are issuable as coupon Bonds in the denomination of $5, 000 and as fully registered Bonds without coupons in denominations of $5, 000 and any authorized integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Indenture, fully registered Bonds may be exchanged for a like aggregate principal amount of coupon Bonds of the same series and maturity or for a like aggregate principal amount of fully registered Bonds of the same series and maturity of other authorized denominations, and coupon Bonds may be exchanged for a like aggregate principal amount of fully registered Bonds of the same series and maturity of authorized denominations. This Bond and the coupons appertaining hereto are negotiable and transferable by delivery, and the Corporation 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 Bond or such coupons shall be overdue, 287 5 and the Corporation and the Trustee shall not be affected by any notice to the contrary. No recourse shall be had for the payment of the principal of or the interest on this Bond or for any claim based hereon_ or otherwise in respect hereof, or based on or in respect of the Indenture or any indenture supplemental thereto, against any incorporator, director or officer, as such, past, present or future, of the Corporation or of any predecessor or successor corporation, either directly or through the Corporation or otherwise, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty, or otherwise, all such liability being by the acceptance hereof and as part of the consideration for the issue hereof expressly waived and released, as provided in the Indenture. Neither this Bond nor any coupons appertaining hereto shall be entitled to any benefit under the Indenture, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Trustee . IN WITNESS WHEREOF, CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION has caused this Bond to be executed on its behalf by its President, and its corporate seal to be reproduced hereon and attested by its Secretary, and has caused coupons for interest bearing the signature of its Treasurer to be attached hereto, all as of April 1, 1983 . CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION By President ( Seal ) Attest: Secretary 288 6 [ FORM OF INTEREST COUPON] CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, on 1, unless the Bond herein mentioned shall have been called for previous redemption and payment thereof made or duly provided for, will pay (but only from the Revenues referred to in said Bond) to bearer at the principal corporate trust office of BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, in SAN FRANCISCO, CALIFORNIA, or, at the option of the holder, at the principal office of BANKAMERICA TRUST COMPANY OF NEW YORK, the paying agent of the Corporation in NEW YORK, NEW YORK, upon surrender hereof, the sum set forth herein in lawful money of the United States of America, being $ interest then due upon its Contra Costa County Public Facilities Corporation 1983 Bond, Series A, dated as of April 1, 1983 , No . Coupon No . Treasurer 289 7 ( FORM OF TRUSTEE ' S CERTIFICATE OF AUTHENTICATION TO APPEAR ON COUPON BONDS ] This is one of the Bonds described in the within- mentioned Indenture . Bark of America National Trust and Savings Association, San Francisco, California Trustee By Authorized Officer ( FORM OF FULLY REGISTERED BONDS OF SERIES A] $ No . RA CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION 1983 BOND SERIES A CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, a nonprofit corporation organized and existing under and by virtue of the laws of the State of California (herein called the "Corporation" ) , for value received, hereby promises to pay (but only out of the Revenues hereinafter referred to) to or registered assigns, on May 1 , ( subject to any right of prior redemption hereinafter provided for) , the principal sum of Thousand Dollars in lawful money of the United States of America; and to pay interest thereon in like money from the interest payment date next preceding the date of authentication of this Bond (unless this Bond is authenticated on an interest payment date, in which event it shall bear interest from such date of authentication, or unless this Bond is authenticated prior to October 1, 1983 , in which event it shall bear interest from April 1, 1983 ) until payment of such principal sum, at the rate of per cent (,%) per annum, payable semiannually on April 1 and October 1 in each year. Both the principal hereof and interest hereon are payable at the principal corporate trust office of Bank of America National Trust and Savings Association (herein called the "Trustee" ) , in San Francisco, California . 2 U 8 This Bond is one of a duly authorized issue of bonds of the Corporation designated as the "Contra Costa County Public Facilities Corporation 1983 Bonds" (herein called the "Bonds" ) , unlimited in aggregate principal amount, except as otherwise provided in the Indenture hereinafter mentioned, of the series and designation indicated on the face hereof, which issue of Bonds consists or may consist of one or more series, of varying dates, numbers, interest rates and other provisions, all issued under and equally secured by an indenture (herein called the "Indenture" ) , dated as of April 1, 1983 , between the Corporation and the Trustee. The Bonds are obligations of the Corporation secured by a lien on the leasehold interest of the Corporation in certain real property, as set forth in the Indenture, and on the Revenues, as defined in the Indenture. Additional bonds may be issued on a parity with the Bonds, but only subject to the terms of the Indenture . Reference is hereby made to the Indenture and all indentures supplemental thereto for a description of the rights thereunder of the bearers and registered owners of the Bonds and the bearers of the appurtenant coupons, of the nature and extent of the security, of the rights, duties and immunities of the Trustee and of the rights and obligations of the Corporation thereunder, to all of the provisions of which Indenture the registered owner of this Bond, by acceptance hereof, assents and agrees . The Indenture contains provisions permitting the Corporation and the Trustee, with the consent of the holders of not less than sixty per cent (60%) in aggregate principal amount of the Bonds at the time outstanding, evidenced as in the Indenture provided, to execute supplemental indentures adding any provisions to, or changing in any manner, or eliminating any of the provisions of, the Indenture; provided, however, that no such supplemental indenture shall ( 1 ) extend the fixed maturity of this Bond or reduce the rate of interest hereon or extend the time of payment of interest, or reduce the amount of the principal hereof, or reduce any premium payable on the redemption hereof, without the consent of the holder hereof, or (2 ) reduce the aforesaid percentage of holders of Bonds whose consent is required for the execution of such supplemental indentures, or permit the creation of any lien on the trust estate prior to or on a parity with the lien of the Indenture (except as expressly permitted therein) or deprive the holders of the Bonds of the lien created by the Indenture upon the trust estate (except as expressly permitted by the Indenture) , without the consent of the holders of all Bonds then outstanding. The Corporation shall have the right, under the circumstances prescribed in the Indenture, to redeem Bonds of Series A at the principal amount thereof plus accrued 291 9 interest to the date of redemption through the application of proceeds of insurance and eminent domain proceedings. Bonds of Series A due on or before April 1 , 1993 are not otherwise subject to redemption before their respective stated maturities. Bonds of Series A due on or after April 1, 1994 are also subject to redemption prior to their respective stated maturities, at the option of the Corporation, as a whole, or in part in inverse order of maturities and by lot within any such maturity if less than all of the Bonds of Series A of such maturity be redeemed, from any source of available funds, on any interest payment date on or after April 1 , 1993 , at the principal amount thereof and accrued interest thereon to the date fixed for redemption, plus a premium of one-fourth of one per cent ( 1/4 of 1%) of such principal amount for each whole year or fraction thereof refraining between the date f� xed for redemption and their respective stated matur.:t es . As provided an they !.ndenture, notice of redemption shall be given: by publication at :asst once in a financial newspaper or journal , printed s;« t:;e English language, customar. ly published on ease- business day and circulated in Ser. Franc: sco. Cali for n. ,a , such pub . cation to be not less Chan thirty nor acre 1 a_n s:x`y days before the redemption date . Nctice of rede:-pt:o:: he:ecf shall also be mailed, not less tha^ thi rty nc r :a ..ha:: s xty days prior to the r edea t on date , to the req a to r e d owner of this Bond, but neither failure to ria. : x:;ch -ct : c.e nor any defect in the notice to MAIled �ah,s a: :ect :.he s ffic3ency of the p:oceed:ng for ris Lteti ptlo.n. ' il��li :ts Bond s called for redemption and payment _ _ is d:::y provided then re_4 r as spec f_ed in the Indenture, interest shall cease to a-ccrue hereon from and after the date :fixed .for rede�:ption . ,a.^. event of detila-UdIt , as defined in the ,nde.^,tur e , • sha .11 occur , the principal of all Bonds may be declared due and payable upon the conditions, in the manner and wi lh t-he effect provided :n the Indenture. The Indenture provides :n cert, n. events such declaration and its consegjences may be rescinded by the holders of at least s; xtV per cent ( 6 ) in aggregate principal amount of the Bands '.hen. avtstand.ng . The Bonds are issuable as coupon Bonds in the dero:�ination. of $5 . 000 and as fully registered Bonds without coupons n denominations of $5, 000 and any authorized integral multiple thereof . Subject to the limitations and conditions and upon payment o; the charges, if any, as provided :n the Indenture, fully registered Bonds may be 10 exchanged for a like aggregate principal amount of coupon Bonds of the same series and maturity or for a like aggregate principal amount of fully registered Bonds of the same series and maturity of other authorized denominations, and coupon Bonds may be exchanged for a like aggregate principal amount of fully registered Bonds of the same series and maturity of authorized denominations . This Bond 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 Indenture, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds without coupons, of the same series and maturity and of authorized denomination or denominations, for the same aggregate principal amount will be issued to the transferee in exchange herefor. The Corporation and the Trustee may treat the registered owner hereof as the absolute owner thereof for all purposes, and the Corporation and the Trustee shall not be affected by any notice to the contrary. No recourse shall be had for the payment of the principal of or the interest on this Bond or for any claim based hereon or otherwise in respect hereof, or based on or in respect of the Indenture or any indenture supplemental thereto, against any incorporator, director or officer, as such, past, present or future, of the Corporation or of any predecesor or successor corporation, either directly or through the Corporation or otherwise, whether by virtue of any constitution, statute, or rule of law, or by the enforcement of any assessment or penalty, or otherwise, all such liability being by the acceptance hereof and as part of the consideration for the issue hereof expressly waived and released, as provided in the Indenture . This Bond shall not be entitled to any benefit under the Indenture, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Trustee. IN WITNESS WHEREOF, CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION has caused this Bond to be executed on 2 9.i 11 its behalf by its President, and its corporate seal to be reproduced hereon and attested by its Secretary, all as of April 1, 1983 . CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION By President (Seal ) Attest: Secretary [ FORM OF TRUSTEE ' S CERTIFICATE OF AUTHENTICATION AND REGISTRATION TO APPEAR ON REGISTERED BONDS] This is one of the Bonds described in the within-mentioned Indenture and authenticated and registered Bank of America National Trust and Savings Association, San Francisco, California Trustee By Authorized Officer [ FORM OF CORRESPONDING COUPON BOND ENDORSEMENT] Notice: No writing below except by the Trustee This Registered Bond is issued in lieu of or in exchange for Coupon Bond( s) of this issue, series, interest rate and maturity, numbered in the denomination of $5, 000 each not contemporaneously outstanding aggregating the face value hereof; and Coupon Bond( s) of this issue and series and of the same interest 12 294 rate and maturity aggregating the face value hereof [ and bearing the above serial number( s ) which has (have) been reserved for such Coupon Bond( s) ] will be issued in exchange for this Registered Bond and upon surrender and cancellation thereof and upon payment of charges, all as provided in the within-mentioned Indenture . [ FORM OF ASSIGNMENT] For value received the undersigned do(es) hereby sell , assign and transfer unto the within-mentioned Registered Bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the books 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 Bond in every particular, without alteration or enlargement or any change whatsoever. and WHEREAS, all acts and proceedings required by law and by the articles of incorporation and bylaws of the Corporation, including all action requisite on the part of its directors and officers, necessary to make the Bonds, when executed by the Corporation, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal obligations of the Corporation, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set forth, in accordance with its terms, have been done and taken; and the execution and delivery of this Indenture have been in all respects duly authorized; NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of, and the interest and premium, if any, on, all Bonds at any time issued and outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and 13 2�� in consideration of the premises and of the purchase and acceptance of the Bonds by the holders thereof, and for other valuable considerations, the receipt whereof is hereby acknowledged, the Corporation does hereby grant, bargain, sell, warrant, convey, confirm, assign, transfer in trust, transfer a security interest in, pledge and set over unto the Trustee, and to its successors in the trust hereby created, all and singular the property of the Corporation, real and personal, hereinafter described ( said property being herein sometimes referred to as the "trust estate" ) : 1 . The estate for years reserved by the Corporation, as grantor, in the deed, dated as of April 1, 1983 and entitled "Deed of Gift (Project Phase II ) , " to the County, as grantee, in and to the real property situate in the County of Contra Costa, State of California, herein in Exhibit A attached hereto particularly described, which was recorded in the office of the County Recorder of the County of Contra Costa on 1983 under Recorder' s Serial No . 83- , together with all rights, interests and privileges reserved by the Corporation thereunder. 2 . All of the rights, title and interest of the Corporation in, to and under the lease, dated as of April 1, 1983 and entitled "Facility Lease (Project Phase II ) , " between the Corporation, as lessor, and the County, as lessee, which was recorded in the office of the County Recorder of the County of Contra Costa on JI 1983 under Recorder' s Serial No. 83- 3 . All of the revenues derived by the Corporation, directly or indirectly, from the use and operation of the Project and said real property referred to in paragraph 1 above, together with all of the rents, issues and profits derived by the Corporation from the estate for years described in paragraph 1 above or under the lease referred to in paragraph 2 above. 4. All property which is by the express provisions of this Indenture required to be subjected to the lien hereof; and any additional property that may, from time to time hereafter, by delivery or by writing of any kind, be subjected to the lien hereof, by the Corporation or by anyone in its behalf, and the Trustee is hereby authorized to receive the same at any time as additional security hereunder. . TO HAVE AND TO HOLD, all and singular, the trust estate, including any and all additional property that by virtue of any provision hereof or of any indenture 14 296 supplemental hereto shall hereafter become subject to this Indenture and to the trusts hereby created, unto the Trustee and its successors in the trusts hereby created forever; IN TRUST, NEVERTHELESS, for the equal and proportionate benefit and security of the holders from time to time of the Bonds ( and their appurtenant coupons) authenticated and delivered hereunder and issued by the Corporation and outstanding, and for the enforcement of the payment of the Bonds and of the interest (and any premium) thereon when payable according to their tenor, purport and effect and to secure the performance of and compliance with the covenants and conditions of this Indenture, without preference, priority or distinction as to lien or otherwise of any one Bond over any other Bond by reason of priority in the issue, sale or negotiation thereof, or of any other cause, so that each Bond shall have the same rights, privileges and liens under and by virtue of this Indenture, and so that the principal of and interest (and any premium) on every Bond shall, subject to the terms hereof, be equally and proportionately secured hereby, as if all had been duly issued and sold and negotiated simultaneously with the execution and delivery of this Indenture; and conditioned, however, that if the Corporation shall well and truly pay or cause to be paid fully and promptly when due all indebtedness, liabilities, obligations and sums at any time secured hereby, including interest and attorneys ' fees, and shall promptly, faithfully and strictly keep, perform and observe or cause to be kept, performed and observed all of its covenants, warranties and agreements contained herein, then and in such event this Indenture shall be and become void and of no further force and effect; otherwise the same shall remain in full force and effect. And it is hereby covenanted that the Bonds and any coupons for interest thereon shall be issued, authenticated and delivered, and that the trust estate shall be held by the Trustee, subject to the further covenants, conditions, uses and trusts hereinafter set forth, and the Corporation agrees and covenants with the Trustee and with the holders from time to time of the Bonds and their appurtenant coupons, as follows : ARTICLE I Definitions, Notices SECTION 1 . 01 . Definitions . Unless the context otherwise requires, the terms defined in this Section (and in Article VI hereof) shall, for all purposes of this Indenture and of any identure supplemental hereto, have the meanings is �- , 297 herein specified, the following definitions to be equally applicable to both the singular and plural forms of any of the terms herein defined : Additional Bonds The term 'Additional Bonds" shall mean bonds of the Corporation payable from Revenues and having a lien on the trust estate and ranking on a parity with the Bonds and authorized to be issued under and pursuant to Section 3 . 06 . Additional Rental The term "Additional Rental" shall mean all amounts received by the Corporation from the County as additional rental pursuant to the Facility Leases to be used to pay expenses of the Corporation other than the payment of the principal of and interest on the Bonds . Architects The term "Architects" shall mean any architect or engineer or firm of architects or engineers retained to prepare pians and specifications for any Subsequent Phase of the Project . Architects ' Certificate The term "Architects ' Certificate" shall mean a certificate signed by a duly authorized officer or agent of the Architects, with the approval of the Director of Public Works of the County or his duly authorized representative endorsed thereon. Base Rental The term "Base Rental" shall mean all amounts received by the Corporation from the County as base rental pursuant to the Facility Leases to be used to pay the principal of and interest on the Bonds . Bonds, Serial Bonds, Term Bonds, Bonds of Series A, Series A Bonds The term "Bonds" shall mean the Contra Costa County Public Facilities Corporation 1983 Bonds authorized under and secured by this Indenture, and, so long as any of such Bonds are outstanding, any Additional Bonds authorized under and secured by this Indenture and any supplemental indenture . 16 298 The term "Serial Bonds" as to the Bonds of Series A shall mean all of the Bonds of Series A, and as to Bonds of subsequent series shall mean Bonds designated as Serial Bonds in the supplemental indenture providing for the issuance of such series and for which no Minimum Sinking Fund Account Payments are provided. The term "Term Bonds" as to Bonds of subsequent series shall mean Bonds designated as Term Bonds in the supplemental indenture providing for the issuance of such series which are payable at or before their specified maturity date or dates from Minimum Sinking Fund Account Payments established for that purpose and calculated to retire such Bonds on or before their specified maturity date or dates . The terms "Bonds of Series A" and "Series A Bonds" shall mean the Contra Costa County Public Facilities Corporation 1983 Bonds, Series A, issued hereunder. Corporation The term "Corporation" shall mean the party of the first part hereto, 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" shall mean the political subdivision of the State of California known as the County of Contra Costa, as the same is organized and existing under and by virtue of the Constitution and laws of the State of California. Deed of Gift The term "Deed of Gift" shall mean the deed, dated as of April 1 , 1983 and entitled "Deed of Gift (Project Phase II ) , " 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 as set forth in paragraph 1 of the granting clauses hereof. Designated Office of the Trustee The term "Designated Office of the Trustee" shall mean the principal corporate trust office of the Trustee in San Francisco, California, which, on the date of the execution of this Indenture, is located at the Corporate 17 - 299 Agency Division, 555 California Street, San Francisco, California 94104. Facility Lease (Project Phase II ) , Facility Leases, Facility Lease The term "Facility Lease (Project Phase II ) " shall mean the lease, dated as of April 1 , 1983 and entitled "Facility Lease (Project Phase II ) , " between the Corporation, as lessor, and the County, as lessee, which was recorded in the office of the County Recorder of the County of Contra Costa as set forth in paragraph 2 of the granting clauses hereof, as originally executed and recorded or as it may from time to time be supplemented, modified or amended pursuant to the provisions hereof. The term "Facility Leases" shall mean the Facility Lease (Project Phase II ) and any subsequent lease entered into from the Corporation, as lessor, to the County, as lessee, of any Subsequent Phase of the Project to be financed from the proceeds of an additional series of Bonds or Additional Bonds . The term "Facility Lease" shall mean any one of the Facility Leases . Financial Newspaper or Journal The term "Financial Newspaper or Journal" shall mean The Wall Street Journal and The Daily Bond Burger, and any other newspaper or ;ournal pub_ ishing financial news and selected by the Trustee, whose decision shall be final and conclusive, printed , n the English language, circulated in San Francisco, Cal -..fornia and customarily published on each business day . Maximum A=ual Deb. SDeb-. eyy .r�yy,,•,,_ce , Annual. Debt Sei. v4 ce. i , e b. So .#i cer The terr. "Max mu,= Annual Debt Service" shall mean the sum of { + j the interest falling due on then outstanding Bonds, assum., ng that all the.^. outstanding Serial Bonds are retired as scheduled and th&.a al : then outstanding Term Bonds are redeemed or purchased in a:"ounts equal to the annual M .n,rur S:n.k.ng Ft:nd Account Payments applicable to such Term Bonds . ( 2 ) the princ.pal. amount of then outstanding Serial Bonds falling due by the,. r terms , and (3 ) the aggregate rr—, n1mur &= unt of all ar*sual Minimum Sinking Fund Account Payne:nts req-,; red by any supplemental .indenture to be deposited :n any S:rk:rig Fund Account provided for in any is - 300 supplemental indenture ; all as computed for the twelve-month per.od ending on April 1 in which such sum is largest. The term "Annual Debt Service" shall mean the sum of said items ( 1 ) , (2 ) and (3 ) for the year ending on April 1 to which reference is made . The term "Debt Service" shall mean the sum of said items ( 1 ) , (2 ) and (3 ) . Minimum Sinking Fund Account Payments The term "Minimum Sinking Fund Account Payments" shall mean the aggregate amounts required by any supplemental indenture or indentures to be deposited in Sinking Fund Accounts for the payment of Term Bonds . Project, Project Phase II , Subsequent Phase of the Project The term "Project" shall mean Project Phase II and each Subsequent Phase of the Project described and defined in a supplemental indenture . The term "Project Phase II " shall mean the office buildings generally known as 630 Court Street, Martinez, California, 40 Muir Road, Martinez, California, and 2970 Willow Pass Road, Concord, California, to house offices and facilities of the County, together with parking, site development, landscaping, utilities, equipment, furnishings, improvements and appurtenant and related facilities, located on the real property more particularly described in Exhibit A attached hereto and made a part hereof. The term "Subsequent Phase of the Project" shall mean any and all additions, extensions or improvements to the Project, hereafter added to the Project and hereafter described by any indenture supplemental hereto. Public Body The term "Public Body" shall mean the County. Sinking Fund Accounts The term "Sinking Fund Accounts" shall mean any Sinking Fund Accounts established by any supplemental indenture or indentures in the Principal Fund (established pursuant to Section 4. 02 ) for the payment of Term Bonds. 301 19 Trustee The term "Trustee" shall mean the party of the second part hereto, 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. SECTION 1 . 02 . Notice to Corporation and Trustee . Any notice to or demand upon the Trustee may be served or presented, and such demand may be made, at the principal corporate trust office of the Trustee in San Francisco, California, which at the time of execution of this Indenture is located at 555 California Street, San Francisco, California 94104, Attention: Corporate Agency Division No. 9530 . Any notice to or demand upon the Corporation shall be deemed to have been sufficiently given or served for all purposes by being deposited, postage prepaid, in a post office letter box, addressed to the Corporation in care of the County Clerk and Clerk of the Board of Supervisors, County of Contra Costa, County Administration Building, 651 Pine Street, Martinez, California 94553 , or to the Corporation at such other address as may be filed in writing by the Corporation with the Trustee . ARTICLE II The Bonds SECTION 2 . 01 . Authorization of Bonds. (a) Bonds may be issued hereunder from time to time in order to obtain funds to carry out the purposes of the Corporation. The maximum principal amount of Bonds which may be issued here- under is not limited; subject, however, to the right of the Corporation, which is hereby reserved, to limit or restrict the aggregate principal amount of Bonds which may at any time be issued and outstanding hereunder. The Bonds are designated generally as the "Contra Costa County Public Facilities Corporation 1983 Bonds. " The Bonds may be issued in such series as from time to time shall be established and authorized by the Board of Directors of the Corporation, and this Indenture constitutes a continuing agreement with the holders of all of the Bonds at any time outstanding to secure the full and final payment of the principal of and premium, if any, and interest on all Bonds which may from time to time be executed and delivered hereunder. SECTION 2 . 02 . Terms of Bonds of Series A. An initial series of Bonds is hereby created and such Bonds are 20 302 designated as the "Contra Costa County Public Facilities Corporation 1983 Bonds, Series A" (herein called the "Bonds of Series A" ) . The aggregate principal amount of Bonds of Series A which may be issued and outstanding under this Indenture shall not exceed three million eight hundred fifty thousand dollars ( $3 , 850, 000) , exclusive of Bonds executed and authenticated as provided in Section 7 . 07 . Interest on the Bonds of Series A shall be payable semiannually on April 1 and October 1 in each year. The Bonds of Series A shall bear interest at the following rates per annum, and shall mature on April 1 in each of the years, as follows : Maturity Date Principal Interest Agri l 1 Amount hate 1984 $115 , 000 ' � o 1985 130, 000 6 -� 1986 140, 000 6 -6090 1987 160, 000 6 'g&% 1988 175 , 000 7-o7'0v 1989 195 , 000 7. 509110 1990 210, 000 7-75% 1991 235 , 000 C&.00C 1992 260, 000 2i-0_09 1993 285 , 000 g'40% 1994 315 , 000 &.60% 1995 350, 000 g.go% 1996 385 , 000 -&•&0QP 1997 425, 000 C6.8090 1998 470, 000 la"Sa% The Bonds of Series A may be issued as coupon Bonds in the denomination of five thousand dollars ( $5, 000) or as fully registered Bonds without coupons in the denomination of five thousand dollars ( $5, 000) or any integral multiple thereof, so long as no fully registered Bond stall have principal maturing in more than one year. Both the principal of and interest on the Bonds of Series A shall be payable in lawful money of the United States of America at the principal corporate trust office of the Trustee in the City and County of San Francisco, State of California. In the case of coupon Bonds of Series A, both such principal and interest shall also be payable, at the option of the holder, at the principal office of the Paying Agent of the Corporation, in the Borough of Manhattan, City of New York, State of New York. 303 21 The coupon Bonds of Series A shall be dated as of April 1, 1983 , shall be numbered Al to A770, inclusive, in consecutive numerical order, and shall bear interest from April 1 , 1983 . Payment of interest on the coupon Bonds due on or before the maturity of such Bonds shall be made only upon presentation and surrender of the coupons representing such interest as the same respectively fall due. The fully registered Bonds of Series A shall be dated as of April 1, 1983 , and shall bear interest from the interest payment date next preceding the date of authentication thereof unless such date of authentication is an interest payment date, in which event they shall bear interest from such date of authentication, or unless such date of authentication is prior to the first interest payment date, in which event they shall bear interest from April 1, 1983 ; provided, however, that if, at the time of authentication of any fully registered Bond, interest is in default on outstanding Bonds, such fully registered Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment on the outstanding Bonds. Payment of the interest on any fully registered Bond shall be made to the person appearing on the Bond registration books of the Trustee as the registered owner thereof, such interest to be paid by check or draft mailed to the registered owner at the address as appears on such registration books or at such address as he may have filed with the Trustee for that purpose . SECTION 2 . 03 . Terms of Redemption. (a) ( 1) The Corporation shall have the right, on any date, to redeem the Bonds of Series A, as a whole, or in part by lot within each maturity so that the Annual Debt Service for the Bonds of Series A for all years in which Bonds of Series A shall mature 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 5 . 03 and 9. 13, respectively, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, without premium. (2 ) Bonds of Series A due on or before April 1, 1993 shall not otherwise be subject to redemption before their respective stated maturities. (3 ) Bonds of Series A due on or after April 1, 1994 shall also be subject to redemption prior to their respective stated maturities, at the option of the Corporation, as a whole, or in part in inverse order of maturities and by lot within any such maturity if less than all of the Bonds of Series A of such maturity be redeemed, from any source of available funds, on any interest payment date on or after April 1, 1993, at the principal amount thereof and accrued interest thereon to the date fixed for 22 - 304 redemption, plus a premium of one-fourth of one per cent ( 1/4 of 1%) of such principal amount for each whole year or fraction thereof remaining between the date fixed for redemption and their respective stated maturities . (b) Any series of Bonds, other than Bonds of Series A, may be made subject to redemption prior to maturity, as a whole or in part, at such time or times, and upon payment of the principal amount thereof plus such premium or premiums, if any, as may be determined by the Corporation at the time such series is authorized and as shall be set forth in the supplemental indenture authorizing such series, except that such supplemental indenture shall provide that the Corporation shall have the right, on any date, to redeem the Bonds of any such series, as a whole, or in part by lot within each maturity so that the Annual Debt Service for the Bonds of such series for all years in which Bonds of such series shall mature (or shall be subject to mandatory redemption from a Sinking Fund Account) 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 5 . 03 and 9 . 13, respectively, at the principal amount thereof and accrued interest thereon to the date fixed for redemption, without premium. ( c ) Bonds shall be redeemed in accordance with the procedure set forth in Article VIII hereof. ARTICLE III Issue of Bonds SECTION 3 . 01 . Authentication and Delivery of Bonds of Series A. The Trustee, forthwith upon the execution and delivery of this Indenture or from time to time thereafter, upon the execution and delivery to it by the Corporation of the Bonds of Series A, as hereinabove provided, and without any further action on the part of the Corporation, shall authenticate Bonds of Series A in an aggregate principal amount of not exceeding three million eight hundred fifty thousand dollars ( $3 , 850, 000) , and shall deliver them to or upon the Written Order of the Corporation. SECTION 3 . 02 . Application of Proceeds of Bonds of Series A. The proceeds received by the Corporation from the sale of the Bonds of Series A shall be deposited with the Trustee, who shall forthwith set aside such proceeds in the following respective funds : 305 23 ( a) The Trustee shall set aside in the Interest Fund ( established pursuant to Section 4. 02 ) an amount equal to any accrued interest received upon the sale of the Bonds of Series A. (b) The Trustee shall set aside in the Reserve Fund (established pursuant to Section 4. 02 ) a sum equal to four hundred thousand dollars ( $400, 000) . ( c ) 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 Project Phase II located thereon and of expenses incidental thereto, the costs of construction of any subsequent phase of the Project and of expenses incident 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, surveys, land acquisition, insurance premiums, losses during construction not insured against because of deductible amounts, the fees and expenses of the Trustee, expenses in connection with the preparation, issuance and delivery of the Bonds of such series, 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 ) in the case of payment of any cost of construction of any Subsequent Phase of the Project, an Architects ' Certificate, showing the item number of the payment and the amount to be paid, with the approval of the Director of Public Works of the County or his duly authorized representative endorsed thereon; or (b) in the case of payment of any other cost of acquisition or construction of -the Project or expense incident to the Project, 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 -- 306 24 ( 1 ) the item number of the payment; (2 ) the name of the person to whom payment is due; ( 3 ) the amount to be paid; and (4) the purpose for which the obligation to be paid was incurred. Each such Architects ' Certificate and 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 Architects' Certificate or 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 Architects ' Certificate and of each such Written Requisition, the Trustee shall pay the amount set forth in such Architects ' Certificate or 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 Project Phase II located thereon shall have been acquired, and when the construction of any Subsequent Phase of the Project shall have been completed, a Certificate of the Corporation stating the fact and date of such acquisition or completion and stating that all of such cost of acquisition or construction 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) , together with, 25 307 in the case of completion of construction, an Architects' Certificate stating the fact and date of such completion, shall be delivered to the Trustee by the Corporation. Upon the receipt of such certificates, 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 4. 01 . SECTION 3 . 04. Issuance of Additional Series of Bonds . In addition to the Bonds of Series A, the Corporation may by supplemental indenture establish one or more other series of Bonds, and the Corporation may issue, and the Trustee may authenticate and deliver to or upon the Written Order of the Corporation, Bonds of any series so established, in such principal amount as shall be determined by the Corporation, but only upon compliance by the Corporation with the provisions of Section 3 . 05, and subject to the following specific conditions, which are hereby made conditions precedent to the issuance of any such additional series of Bonds : ( a) The Corporation shall not be in default under this Indenture . (b) The supplemental indenture authorizing the issuance of such additional series of Bonds shall require that the proceeds of the sale of such additional series shall be applied for the acquisition and construction_ of any Subsequent Phase of the Project, including the payment of costs and expenses of and incident to the issuance and sale of such additional series of Bonds . Said supplemental indenture may also provide that a portion of such proceeds shall be applied to the payment of interest due or to become due on said Bonds during the estimated period of construction of such Subsequent Phase of the Project or of such additions, extensions or improvements to the Project, and for a further period of not exceeding one year after said period of construction. ( c ) Said supplemental indenture shall provide that from such Proceeds an amount shall be deposited in the Reserve Fund established pursuant to Section 4. 02 so that following such deposit there shall be on deposit in the Reserve Fund an amours at least equal to the Maximum A Lnual Debt Service on all Bonds then outstanding, including the Bonds of such additional series . (d ) The Bo^ds of s4c!: additional series shall be Payable as to pr:::c!pa o^ AYr: i 1 of each year in which 30S prin-� :paI fall' s due , shall be payable as to interest on Apr; 1 1. and October 1 of each year, and shall be subject to ede-:ption as provided in Section 2 . 03 (b) . ( e ) The aggregate principal amount of Bonds issued and at any time outstanding hereunder shall not exceed an` i it imposed by law, by this Indenture or by any swpplementa indenture . ( f ) A Facility Lease shall have been entered into or ar. existing Facility Lease shall have been amended, so as to increase the Base Rental payable by the County under all Facility Leases to an aggregate amount at least equal to the Debt Service on all outstanding bonds and such additional series of Bonds, payable to the Trustee at such times and in such manner as may be necessary to provide for the payment of such Debt Service as it becomes due . (g ) Fixed serial :maturities or mandatory Minimum Sinking Fund Account Payments, or any combination thereof, shall be established in amounts sufficient to provide for the retirement of all of the Bonds of such additional series on or before their respective maturity dates . (h) A Facility Lease shall have been entered into, or an existing Facility Lease shall have been amended, so as to lease to the County such Subsequent Phase of the Project being financed from the proceeds of such additional series of Bonds . (i ) The Corporation shall have entered into a contract or contracts for all construction to be financed from the proceeds of such additional series of Bonds . Each said contract shall provide for a guaranteed maximum price for the construction to be performed thereunder, which price shall be an amount clearly available from the proceeds of said additional series of Bonds and any other moneys legally available therefor, and each said contract shall require the contractor to furnish a performance bond in amount at least equal to one hundred per cent (100%) of said price as security for the faithful performance of the contract and a labor and materials (payment) bond at least equal to one hundred per cent ( 100%) of said price as security for the payment of all persons performing labor or furnishing materials in connection with the contract. Said bonds shall be underwritten by responsible corporate sureties . Each said contract shall also require the contractor thereunder to complete the work 30J 27 therein provided for within a fixed period of time after receipt of notice to commence work. ( j ) If the proceeds of such additional series of Bonds are to be used, in whole or in part, to finance construction on real property not subject to the lien of this Indenture, ( 1 ) the supplemental indenture authorizing the issuance of such additional series of Bonds shall subject such additional real property to the lien of this Indenture; and (2 ) a Facility Lease shall have been entered into, or an existing Facility Lease shall have been amended, so as to lease to the County such additional real property. SECTION 3 . 05 . Proceedings for Issuance of Additional Series of Bonds . Whenever the Corporation shall determine to issue an additional series of Bonds pursuant to Section 3 . 04, the Board of Directors of the Corporation shall by resolution authorize the execution and delivery of a supplemental indenture prescribing the terms and conditions of such additional series of Bonds. The Corporation shall then execute such supplemental indenture and deliver the same to the Trustee, together with a certified copy of such resolution. Such supplemental indenture shall prescribe the forms of Bonds of such additional series and, subject to the provisions of Section 3 . 04, shall provide for the distinctive designation, denominations, method of numbering, dates, maturity dates, interest rates, interest payment dates and places of payment of principal and interest of such Bonds. Upon the execution and delivery to the Trustee of such supplemental indenture, the Corporation shall file the following documents with the Trustee : ( a) An Opinion of Counsel setting forth ( 1 ) that he has examined the supplemental indenture; (2 ) that the execution and delivery of the additional series of Bonds have been sufficiently and duly authorized by the Corporation; (3 ) that said additional series of Bonds, when duly executed by the Corporation and authenticated and delivered by the Trustee, will be valid and binding obligations of the Corporation; and (4) that the Facility Lease or the amendment to an existing Facility Lease required by Section 3 . 04( f) , (h) and (j ) has been duly authorized, executed and delivered and has been duly recorded. (b) A Certificate of the Corporation that the requirements of Section 3 . 04( a) have been met. 28 _ 310 (c) A certified copy of an ordinance or a resolution of the County authorizing the execution of the Facility Lease or the amendment to an existing Facility Lease required by Section 3 . 04( f) , (h) and (j ) . (d) An executed counterpart or duly authenticated copy of the Facility Lease or the amendment to an existing Facility Lease required by Section 3 . 04(f) , (h) and ( j ) . (e ) Executed counterparts or duly authenticated copies of the construction contract, performance bond and labor and materials (payment) bond required by Section 3 . 04(1 ) . (f) Certified copies of the policies of insurance required by Section 5 . 03 (a) and (c) or certificates thereof. (g) A title insurance policy in an amount equal to the principal amount of such additional series of Bonds, insuring either the interest of the Corporation in such additional real property being added to the lien of this Indenture or the title of the County in such real property, or, if no real property is being added, a title insurance policy or endorsement thereto in such an amount increasing the insurance coverage on the real property being improved from the proceeds of the Bonds of such additional series . Upon delivery to the Trustee of the foregoing instruments and upon the Trustee ' s being satisfied from an examination of said instruments that all applicable provisions of this Indenture have been complied with, so as to permit the issuance of the additional series of Bonds in accordance with the supplemental indenture then delivered to it, the Trustee shall execute such supplemental indenture and shall authenticate and deliver Bonds of said series, in the aggregate principal amount specified in such supplemental indenture, to, or upon the Written Order of, the Corporation, when such Bonds shall have been presented to it for that purpose . SECTION 3 . 06 . Additional Bonds. So long as any of the Bonds remain outstanding, the Corporation will not issue any Additional Bonds or obligations payable from Revenues or having a lien upon the trust estate having priority over, or on a parity with, the Bonds, except pursuant to Sections 3 . 04 and 3 . 05, unless the holders of at least sixty per cent (60%) in aggregate principal amount of the Bonds then outstanding 29 - 31 shall have consented in writing to the issuance of such Additional Bonds or obligations . ARTICLE IV Revenues SECTION 4. 01 . Pledge and Assignment of Revenues; Revenue Fund. All of the Revenues are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and Revenues shall not .be used for any other purpose while any of the Bonds remain outstanding, except that out of Revenues there may be apportioned and paid such sums, for such purposes, as are expressly permitted by Sections 4. 02 , 4. 03 , 5 . 03 and 9 . 13 . Said pledge shall constitute a first and exclusive lien on the Revenues for the payment of the Bonds 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 4. 04) are hereby irrevocably assigned by the Corporation to the Trustee and 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 4. 04, except Additional Rental paid by the County pursuant to the Facility Leases, except any proceeds of insurance received pursuant to Section 5 . 03 and except any eminent domain proceeds received pursuant to Section 9 . 13 ) in a special fund designated as the "Revenue Fund, " which the Trustee shall establish and maintain so long as any of the Bonds 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 holders from time to time of the Bonds and the coupons appertaining thereto, but shall nevertheless be disbursed, allocated and applied solely for the uses and purposes herein set forth. SECTION 4. 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, except that the Trustee, upon the written request of the County and upon receipt of such documentation as it may require, shall withdraw from the Revenue Fund and pay to the County moneys sufficient to reimburse the County for any rental theretofore paid by the 30 11 312 County under any Facility Lease for a period of time during which the payment of rental under such Facility Lease is abated and for which no other moneys (including proceeds of the rental interruption or use and occupancy insurance required by Section 5 . 03 (c) and moneys in the Interest Fund or the Principal Fund or the Reserve Fund) are available. 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, except that if the Trustee, in its discretion, from time to time, after making each semiannual deposit in the Interest Fund and the Principal Fund hereinafter provided for, shall determine that all or any portion of any moneys then in the Revenue Fund is or will be required for the payment of the principal of and interest on Bonds on any succeeding interest, or interest and principal , payment date ( assuming for the purposes of such determination that the County shall pay when due all remaining payments of Base Rental required by the Facility Leases and based upon a Written Order of the Corporation specifying said information as the Trustee shall need to make such determination) , the Trustee shall hold until needed for such purposes such moneys to be so needed in a special reserve account in the Revenue Fund: ( a) Interest Fund. The Trustee, on or before March 31 and September 30 of each year (commencing on or before September 30, 1983 ) , shall deposit in the Interest Fund (the initial payment into which is provided for in Section 3 . 02 ) an amount equal to the aggregate half-yearly amount of interest becoming due and payable on the outstanding Bonds on the next succeeding interest payment date ( less any amount then on deposit in said Fund and available for the payment of interest on such next succeeding interest payment date) . 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 on the Bonds when due and payable ( including accrued interest on any Bonds redeemed prior to maturity pursuant to this Indenture) , except that the Trustee, upon the written request of the County and upon receipt of such documentation as it may require, shall withdraw from the Interest Fund and pay to the County moneys sufficient to reimburse the County for any rental theretofore paid by the County under any Facility Lease for a period of time during which the payment of rental under such Facility Lease is abated and for which no other moneys (including proceeds of the rental interruption or use and occupancy 31 313 insurance required by Section 5 . 03 (c ) and moneys in the Principal Fund or the Reserve Fund) are available. (b) Principal Fund. The Trustee, on or before September 30 of each year (commencing on or before September 30, 1983 ) , shall deposit in the Principal Fund an amount equal to at least ( a) one-half of the aggregate yearly amount of principal becoming due and payable on the outstanding Serial Bonds of all series on the next succeeding April 1, plus (b) one-half of the aggregate of the Minimum Sinking Fund Account Payments to be paid during the twelve-month period ending on the next succeeding April 1 into the respective Sinking Fund Accounts for the Term Bonds of all series for which Sinking Fund Accounts shall have been created, and the Trustee, on or before March 31 of each year (commencing on or before March 31 , 1984) , shall deposit in the Principal Fund an amount at least equal to ( a) the sum which, together with any balance then on deposit in said Fund ( and available for such purposes) , will be sufficient to pay the aggregate amount of principal becoming due and payable on the outstanding Serial Bonds on the next succeeding April 1, plus (b) one-half of the aggregate of the Minimum Sinking Fund Account Payments to be paid during the twelve-month period ending on the next succeeding April 1 into the respective Sinking Fund Accounts for the Term Bonds of all series for which Sinking Fund Accounts have been created. All of the aforesaid Minimum Sinking Fund Account Payments shall be made without priority of any payment into any one such Sinking Fund Account over any other such payment. In the event that the moneys in the Principal Fund on any April 3 are not equal to the amount of principal to become due and payable on the outstanding Serial Bonds of all series on such April 1 plus the principal of and redemption premium on the outstanding Term Bonds required to be redeemed on said April 1 then such moneys shall be applied pro rata in such proportion as said Serial Bonds and said Term Bonds shall bear to each other (taking into account for such purposes any of said Term Bonds as shall have been redeemed or purchased during the twelve-month period ending on said April 1 and commencing on the immediately preceding April 2 ) . In the event that the Revenues shall not be sufficient to pay in full all Minimum Sinking Fund Account Payments required to be paid at any one time into all such Sinking Fund Accounts, then payments into all such Sinking Fund Accounts shall be made pro rata in such proportion that the respective Minimum Sinking Fund Account Payments required to be made into each Sinking Fund Account during the then current twelve-month period ending on April 1 bear to the aggregate of all of the 32 Minimum Sinking Fund Account Payments required to be made into all such Sinking Fund Accounts during such twelve-month period ending on April 1, but less any amounts deposited into the Principal Fund in such twelve-month period and theretofore paid out from the Principal Fund to redeem or purchase Term Bonds during such twelve-month period. No deposit need be made into the Principal Fund so long as there shall be in such fund ( i ) moneys sufficient to pay the principal of all Serial Bonds issued hereunder and then outstanding and maturing by their terms on the next succeeding April 1 plus ( ii ) the aggregate of all Minimum Sinking Fund Account Payments required to be made in the twelve-month period ending on the next succeeding April 1 , but less any amounts deposited into the Principal Fund in such twelve-month period and theretofore paid out from the Principal Fund to redeem or purchase Term Bonds during such twelve-month period. Except as otherwise provided herein, all moneys in the Principal Fund shall be used and withdrawn by the Trustee solely for the purpose of paying the principal of the Bonds when due and payable, except that all moneys in any Sinking Fund Account shall be used and withdrawn by the Trustee only to purchase or to redeem or to pay at maturity Term Bonds of the series for which such Sinking Fund Account was created, as provided herein or in any supplemental indenture, and further except that the Trustee, upon the written request of the County and upon receipt of such documentation as it may require, shall withdraw from the Principal Fund and pay to the County moneys sufficient to reimburse the County for any rental theretofore paid by the County under any Facility Lease for a period of time during which the payment of rental under such Facility Lease is abated and for which no other moneys ( including proceeds of the rental interruption or use and occupancy insurance required by Section 5 . 03 (c ) and moneys in the Reserve Fund) are available . (c ) Operation and Maintenance Fund. If at any time the Corporation shall operate the Project, the Trustee, on or before each March 31 and each September 30, 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 33 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 March 31 and each September 30 (commencing on or before September 30, 1983 ) , 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, less any amounts retained in a special account in the Revenue Fund pursuant to the first paragraph of this Section 4. 02 . If on April 1 or October 1 of any year the amount in the Reserve Fund exceeds the Maximum Annual Debt Service on the Bonds, the Trustee, if the Trustee does not have notice that the Corporation is then in default hereunder or that the County is then in default under any Facility Lease, 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 5 . 03 ( a) , or for the loss of rental income not insured against because of the deductible amount permitted by Section 5 . 03 (c) , 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 Maximum Annual Debt Service . Except for such withdrawals, moneys in the Reserve Fund shall be used and withdrawn solely for the payment of the principal of and interest on the Bonds in the event that no other funds are available therefor, or for the retirement or redemption of all of the Bonds then outstanding, or to reimburse the County for any rental theretofore paid by the County under any Facility Lease for a period of time during which the payment of rental under such Facility Lease is abated and for which no other moneys (including proceeds of the rental interruption or use and occupancy insurance required by Section 5 . 03 (c ) ) are available . 34 316 SC; 4 , 3 . Corpora to Cir ation Fund. The :r-,.istee s.haI I sta.b is.h, a;i4 ta n and hold in trust so cng as any of the Bond are a outstanding, a special fund designated as the ",Corporate Oper a tion Fund. " The Trustee zha l deposit in the Corp rate operation Fund ( the initial payment into which : s ,prov.ded for :n Section 4 . 02 (d) ) all anoun is rece-A ved :row the Cou::ty as Additional Rental under the Fa:. i : ty Leases . The moneys in the Corporate Operation Poral sha , be dxsh::rsed by the Trustee upon the Written Re .:est of the Corporation for the payment of administrative costs of t.hae Corporatlon, :nc-luding salaries, wages, all expenses, compensatior. and =nde: rification of the Trustee payab a by the Corporatism rider this Indenture, fees of the auditors , accountants , attorneys or engineers, insurance pre ._:%=ns and ail other necessary administrative costs of the C orpor at on or charges recru-' r ed to be paid by it in order to maintain its corporate existence or to comply with the terms of the Bonds or of this Indenture . The Trustee shall, from tine '%:0 t1lMe and as often as necessary to replenish and :r.a: nta. a balance of five thousand dollars ($5, 000) in said Fund, give no Lice to the County of such Additional Rental required to be paid pursuant to the Facility Leases . The Corporation intends to issue bonds (in addition to the 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 trust estate, the fees of the Trustee and the Paying Agents under this Indenture , 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 other than the Bonds, 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 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 35 317 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 4. 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 , 4. 01, 4. 02 and 4.03 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 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 Bond maturity, or Term Bond redemption, dates on which such moneys will be needed for payment of interest or the retirement of Bonds. 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, except that any interest or profit on investments of Interest Fund moneys and of Reserve Fund moneys attributable to any Subsequent Phase of the Project received during the period of construction of such phase of the Project shall be credited to the Acquisition and Construction Fund established for such phase of the Project. 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 36 318 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 Indenture 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. SECTION 4. 05 . Fund Accounting. For accounting purposes the Trustee may treat each of the funds herein created as accounts and not as separate entities. ARTICLE V Covenants of the Corporation SECTION 5 . 01 . Construction of Project. If at any time the Corporation shall propose to construct any Subsequent Phase of the Project, the Corporation shall file the plans and specifications for such construction with the Trustee prior to the issuance of the series of Bonds to be issued to finance such construction. Following the issuance of such series of Bonds, the Corporation will construct such phase of the Project in conformity with such plans and specifications ( subject to any duly approved changes thereto) , and in conformity with law and all requirements of all governmental authorities having jurisdiction thereover, and it will complete such construction with all expedition practicable . The Corporation will also file with the Trustee a copy of any plans and specifications for such phase of the Project thereafter prepared. SECTION 5 . 02 . Reserved Estate for Years. The Corporation is, at the date of the execution and delivery of this Indenture, the owner and lawfully possessed of an estate for years reserved in the Deed of Gift to the County 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 Indenture, 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 Indenture there is no interest or estate in said property conveyed by 37 - . 319 the Deed of Gift subordinate to the County' s interest therein which is superior or prior to said reserved estate for years hereby transferred in trust and conveyed, 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 has good right, full power and lawful authority to grant, bargain, sell, warrant, convey, confirm, assign, transfer in trust, transfer a security interest in, pledge and set over the trust estate, including, among other things, said reserved estate for years, in the manner and form herein provided; and the Corporation will forever warrant and defend the title to the same to the Trustee against the claims of all persons whomsoever. The Corporation further covenants that the Facility Lease (Project Phase II ) has been duly and regularly executed and transferred and assigned in trust to the Trustee . Without the written consent of the Trustee, the Corporation will not amend, alter, modify or cancel the Deed of Gift or any Facility Lease; but, with the written consent of the Trustee, the Corporation 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 trust estate or of the security hereby given or intended to be given for the payment of the Bonds, or (ii ) if the Trustee first obtains the written consent of the holders of at least sixty per cent ( 60%) in principal amount of the Bonds then outstanding to such alterations or modifications. 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 any Facility Lease, the Corporation will in all respects promptly and faithfully keep, perform and comply with all the terms, provisions, covenants, conditions and agreements of the Facility Leases to be kept, performed and complied with by it. The Corporation will 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 any Facility Lease by the lessee thereunder. The Corporation will promptly deposit with the Trustee (to be held by the Trustee until the title and rights of the Trustee under this Indenture shall be 38 320 released or reconveyed) any and all documentary evidence received by it showing compliance with the provisions of any Facility Lease to be performed by it. 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, or any portion of the trust estate, 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 trust estate, 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 Indenture . SECTION 5 . 03 . Insurance . ( a) The Corporation shall maintain or cause to be maintained, at all times while any of the Bonds are outstanding, fire, lightning and extended coverage insurance, including vandalism and malicious mischief insurance and, following completion of construction of any portion of the Project, earthquake insurance (but only if such insurance is available at reasonable cost 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 a Facility Lease or as a part of insurance carried by a contractor under a construction contract of a portion of the Project, on all structures constituting any part of the Project, in any amount equal to one hundred per cent ( 100%) of the replacement cost of such structures, 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 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 Maximum Annual Debt Service and not needed 39 321 to pay losses uninsured against by reason of any deductible clauses permitted by Section 5 . 03 (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 Corporation either to retire all Bonds then outstanding or to restore such structures 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 4. 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 an aggregate principal amount of outstanding Bonds of the series whose proceeds were used to acquire or construct such structure, equal to the amount of outstanding Bonds of such series attributable to such structure (determined by reference to the proportion which the acquisition or construction cost of such structure bears to the acquisition or construction cost of all structures comprising the phase of the Project of which said structure is a part) , may elect not to repair, reconstruct or replace 40 3,2,E the damaged or destroyed portion of the Project and thereupon shall cause said proceeds to be used for the redemption of outstanding Bonds of such series pursuant to the provisions of Section 2 . 03 and Article VIII . (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 Bonds are outstanding, public liability insurance, with limits of not less than one million dollars ( $2 , 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 Bonds 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 41 _ 323 the damaged or destroyed portion of the Project and thereupon shall cause said proceeds to be used for the redemption of outstanding Bonds of such series pursuant to the provisions of Section 2 . 03 and Article VIII . (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 Bonds 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 Bonds 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 41 323 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 Bonds are outstanding, rental interruption or use and occupancy insurance on each structure constituting any part of the Project, in an amount not less than the portion of the total rent payable by the County under the Facility Leases attributable to such st:uc tur e for a period of at least the time allowed for construction of such structure plus three months, insuring against loss of use caused by the perils covered by the insurance required by Section 5 .03 (a) , except that such insurance may be subject to a deductible clause of not to exceed the lesser of the aggregate total rental payable during the first thirty days of any loss or the amount in the Reserve Fund in excess of one-half ( 1/2 ) of Maximum, Annual Debt Service and not needed to pay losses uninsured against by reason of any deductible clauses permitted by Sector. 5 . 03 ( x ) and except that such insurance need be maintained as to the peril of earthquake only following completion of construction of each structure and only if such insurance is available at reasonable cost on the open market from reputable insurance companies. Any such insurance policy shall be in form satisfactory to the Trustee and sail contain a Foss payable clause making any loss thereunder payable to the Trustee, as its interest may appear. Any proceeds of such insurance shall be used by the ,rustee to reimburse to the County any rental theretofore paid by the County under the Facility Lease attributable to such structure for a period of time during which the payment of rental un der such Facility Lease is abated, and any proceeds of such insurance not so used shall be treated as Revenues and applied as provided in Section 4. 02 (to the extent required to pay Debt Service on the Bonds) and in Section 4 . 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 execution of this Indenture, a title insurance policy with endorsement so as to be payable to the Trustee for the use and benefit of the trust estate. Such policy shall be in form satisfactory to the Trustee and in the amount of three million eight hundred fifty thousand dollars ( 53 , 850, 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 9 . 13 relating to proceeds received in eminent domain proceedings 42 3244 except that the term "eminent domain proceedings" as used in Section 9 . 13 shall be read as "proceedings affecting the title of the Corporation. " (e ) The Corporation may purchase, on all or any of the Bonds of any series, insurance assuring the Bondholders that the principal of and interest on the insured Bonds will be paid when due and payable . The purchase of any such insurance shall not constitute a preference or priority of the insured Bonds over any Bonds not so insured, and all Bonds outstanding, irrespective of the providing of such insurance on some of the Bonds, shall be equally and proportionately secured hereby. (f) The Corporation shall deliver to the Trustee in the month of August in each year a schedule, in such detail as the Trustee in its discretion may request, setting forth the insurance policies 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 5 . 04. Miscellaneous Covenants. The Corporation covenants that, so long as any of the Bonds 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 issue any additional series of Bonds or Additional Bonds or obligations payable from Revenues or having a lien on the trust estate having priority over, or on a parity with, the Bonds, except as expressly permitted so to do by Sections 3 . 04, 3 . 05 and 3 . 06; (c) the Corporation will not merge or consolidate with any other corporation, and will take all actions necessary to maintain its corporate existence; and 43 320 (d) 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 5 . 05 . County Budgets . 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 rentals due under the Facility Leases 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 rentals due under the Facility Leases in the then ensuing fiscal year. If in the opinion of the Trustee the amounts so budgeted are not adequate for the payment of rentals due under the Facility Leases, 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 rentals due under the Facility Leases and will notify the Trustee of the proceedings then taken or proposed to be taken by the Corporation. The Corporation will keep the Trustee advised of all proceedings thereafter taken by the Corporation. SECTION 5 . 06 . 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 trust estate 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 trust estate, and to release said personal property from the lien of this Indenture, 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 trust estate. In determining the value of the property to be released and any property received in exchange which shall become subject to the lien of this Indenture, the Trustee may conclusively rely 44 11 326 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 Indenture, be paid by the Trustee to the Corporation, upon its Written Request, to purchase property, which property shall become subject to the lien of this Indenture . 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 4. 02 . The Trustee, before permitting any sale or exchange of personal property subject to the lien of this Indenture and executing a release thereof, shall be furnished with a 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 and releasing any of the property so sold or exchanged from the lien of this Indenture. SECTION 5 . 07 . Paying Agents . The Corporation, with the written approval of the Trustee, shall appoint and at all times have a paying agent in the Borough of Manhattan, City of New York, State of New York, for the payment of the principal of, and the interest ( and premium, if any) on, the coupon Bonds . It shall be the duty of the Trustee to make such credit arrangements with such Paying Agent as may be necessary to assure, to the extent of the moneys held by the Trustee for such payment, the prompt payment of the principal of, and interest ( and premium, if any) on, the coupon Bonds presented at such place of payment. The Paying Agent initially appointed hereunder and hereby approved by the Trustee is BankAmerica Trust Company of New York in New York, New York. SECTION 5 . 08. Arbitrage Bond Covenant and Industrial Development Bond Covenant. The Corporation covenants that no use of the proceeds of the Bonds or any other funds of the Corporation will be made which will cause the Bonds 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 Bonds are outstanding, the Corporation and the Trustee, with 45 - 327 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 Corporation further covenants that it 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 interest on the Bonds under Section 103 of said code . [Next Page is Numbered Page 65, Pages 47-64 Having Been Intentionally Omitted] 46 328 65 ARTICLE VI ADDITIONAL DEFINITIONs SECTION 6.01. Additional Definitions. Unless the context other- wise requires, the terms defined in this Section shall; for all purposes of this Indenture and of any indenture supplemental hereto, liave the meanings herein specified, the following definitions to be equally applicable to both the singular and plural forms of any of the terms herein defined: Authorized Officer, Responsible Officer The terms "authorized officer" and "responsible officer" of the Trustee shall mean and include the chairman of the board of directors, the president, every vice president, every assistant vice president, the cashier, every assistant cashier, every trust officer, and every officer and assistant officer of the Trustee, other than those specifi- cally above mentioned, to whom any corporate trust matter is re- ferred because of his knowledge of, and familiarity witli, a particular subject. Certificate of the Corporation The term "Certificate of the Corporation" shall mean a certifi- cate Rigned 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 6.02, each Certificate of the Corporation shall include the etateinents provided for in Section 6.02. Oerti led Resolution The term "Certified Resolution" shall mean a copy of a resolu- tion of the Board of Directors of the Corporation certified by the Secretary or an Assistant Secretary of the Corporation to have been duly adopted by said Board and to be in full force and effect on the date of such certification. Rvent of Default The term "event of default" shall have the meaning specified in Section 10.01. 329 Federal Securities The term "Federal Securities" shall mean 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, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated deben- tures 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 and other obligations of the Government National Mortgage Association or the Federal Na- tional Mortgage Association established under the National Housing Act, as amended; and, also, any securities now or hereafter author- ized, both the principal of and interest on which are guaranteed directly or indirectly by the full faith and credit of the United States of America. Holder, Bondholder The term "holder" or "Bondholder," whenever employed herein ,%ith respect to a Bond which shall be registered, shall mean the person in whose name such Bond shall be registered, and, when- ever employed herein w-ith respect to a coupon Bond or a coupon, shall mean the bearer of such Bond or coupon. Indenture The term "Indenture" shall mean this Indenture, as originally executed or as it may from time to time be supplemented, modified or amended by any supplemental indenture entered into pursuant to the provisions Hereof. Opinion of Go=sel The term "Opinion of Counsel" shall mean a written opinion of counsel (who may be counsel for the Corporation) appointed by the Corporation and acceptable to the Trustee. If and to the extent 330 67 required by the Provisions of Section 6.02, each Opinion of Counsel shall include the statements provided for in Section 6.02. Outstanding The term "outstanding," when used as of any particular time with reference to Bonds, shall (subject to the provisions of Section 14.06 (d)) mean all Bonds theretofore authenticated and delivered by the Trustee under this Indenture except— (a) Bonds theretofore cancelled by the Trustee or surren- dered to the Trustee for cancellation; (b) Bonds for the payment or redemption of which funds in the necessary amount shall have theretofore been deposited with the Trustee (whether upon or prior to the maturity or the redemption date of such Bonds) ; provided that, if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article VIII provided or provision satisfactory to the Trustee shall have been made for the giving of such notice; and (c) Bonds in lieu of, or in substitution for, which other Bonds shall have been authenticated and delivered by the Trustee pursuant to the terms of Section 7.07. Paying Agents The term "Paying Agents" shall mean any paying agents of the Corporation appointed pursuant to Section 5.07, the successors and assigns of each of them, and any other corporations or associations which may at any time be substituted in the place of any of them, as provided in Section 5.07. Person The term "person" shall mean an individual, a corporation, a partnership, a trust, an unincorporated organization or a govern- ment or any agency or political subdivision thereof. Revenues The term "Revenues" shall mean all rentals received by the Corporation pursuant to the Facility Leases, and all other revenues, proceeds, charges, income, rents, receipts, profits and benefits derived by the Corporation from the ownership, use or operation of the trust estate (including interest or profits from the investment of moneys in any fund pursuant to Section 4.04). 33.E 68 Supplemental Indenture The term "supplemental indenture" or "indenture supplemental hereto" shall mean any indenture hereafter duly authorized and entered into between the Corporation and the Trustee in accordance with the provisions of this Indenture. Trust Zstate The term "trust estate" shall mean all of the property described in the granting clause.. of this Indenture. Written Oonsent of the Corporation, Written Order of the Corporation, Written Requw of the Cation. Written RequWtWz of the tlorpomtion The trams -Written Concent of the Corporation," "Written Order of the C4rlporation." "Written Roque:-t of the Corporation" anti -Written Rentuixition of the C.orlaoration" shall inean, respec- tively, a arittcn consent. order, reciurst or rvgttinition signed by or on behaI€ of the Corlsormtion by its President or a Vice President and by its Treastirer or an Assintant Treasurer or its Secretary or an Assistant rrt,ary or by any two persons (wbether or not officers of the Corporation) who are s1►e6fkally atthorized by resolution of the iWrtl of Directors of the Corporation to sign or execute such a document on its beelialf. Sr.,mvs f.02. Coafmi of Certificates and Opinions. Every crrtifeattl- or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include (a) a statement that the person or persons making or giving such certificate or opinion have read such caotemmt 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 hare 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 state- sent as to whether. in the opinion of the signers, such condition or corenant has been cxsmplied with. 332 69 Any such certificate or opinion made or given by an officer of the Corporation may be based, insofar as it relates to legal matters, upon a certificate or opinion of or representations by counsel, unless such officer knows that the certificate or opinion or representations with respect to the matters upon which Ids certificate or opinion may he based as aforesaid are erroneous, or in the exercise of rea- sonable care should have known that the same were erroneous. Any such certificate or opinion made or given by counsel may be based, insofar as it relates to 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 Cor- poration, unless such counsel knows that the certificate or opinion or representations with respect to the matters upon which his opin- ion may be based as aforesaid are erroneous, or in the exercise of reasonable care should have known that the same were erroneous. ART]CLE VI I PROVISIONS CONCE -VINO THE BONDS SECTION 7.01. Execution of Bonds. The Bonds shall be exe- anted on behalf of the Corporation in its corporate name with the manual or facsimile signature of its President or a Vice President, under its corporate seal attested by the manual or facsimile signa- ture of its Secretary or an Assistant Secretary. Such seal may be in the forin of a facsimile of the Corporation's seal and may be imprinted or impressed upon the Bonds. The Bonds shall then be delivered to the Trustee for authentication by it. In case any of the officers who shall have signed or attested any of the Bonds shall cease to be such officer or officers of the Corporation before the Bonds so signed or attested shall have been authenticated or deliv- ered by the Trustee or issued by the- Corporation, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issue, shall be as binding upon the Cor- poration as though those who signed and attested the same had con- tinued to be such officers of the Corporation, and also any Bond may be signed and attested on behalf of the Corporation by such per- sons as at the actual date of the execution of such Bond shall be the proper officers of the Corporation although at the nominal date 333 70 of such Bond any such person shall not have been such officer of the Corporation. Only such of the Bonds as shall bear thereon a certificate of authentication in the form hereinbefore recited, executed by the Trustee, shall be valid or obligatory for any Purpose or entitled to the benefits of this Indenture, and such certificate of the Trustee shall be conclusive evidence that the Bonds so authenticated have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture. The coupons to be annexed to the Bonds shall bear the facsimile signature of the Present Treasurer of the Corporation or the fac- simile signature of any future Treasurer thereof, and the t'orlorn- tion may use for that purpose the facsimile signature of any person who shall have been such Treasurer, notwithstanding the fact that he may have ceased to be such at the time when any of the Bonds shall be authenticated, delivered or issued. The Trustee shall, prior to the authentication and delivery by it of each coupon Bond, detach and cancel all coupons thereto apl)er- taining then matured and shall deliver the same to or upon the order of the Corporation. SFc joN 7.02. Transfer of Coupon Bonds. All coupon Bonds shall he negotiable and transferal,le by delivery. The Corporation. the Trustee and any Paying Agent may trent the bearer of any eoulmn Bond, whether or not such Bond shall be overdue, and the bearer of any coupon, whether or not such coupon shall he overdue, as the absolute on-ner of such Bond or coupon for the purpose of receiving payment thereof and for all other purposes whatsoever, and the Corporation, the Trustee and any Paying Anent shall not be affected by any notice to the contrary. SECTION 7.03. Transfer of Fidij Rggistered Bomb?. Any fully registered Bond without coupons may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the Provisions of Section 7.05, by the person in «-hose name it is regis- tered, in person or by his duly authorized attorney, upon surrender of such fully registered Bond for cancellation, accompanied by 334 71 delivery of a written instrument of transfer in a form approved by the Trustee, duly executed. Whenever any Bond shall be issued under this Indenture as a fully registered Bond without coupons, there shall be reserved by the Trustee unissued an aggregate principal amount of coupon Bonds, of the same series and maturity- and of the denomination of five thousand dollars ($5,000), equal to the principal amount of such registered Bond, and in such case the serial number or numbers of the coupon liond or Bonds so reserved, together with an appro- priate statement as to such reservation, shall 1►e endorsed on sueli registered Bond. Whenever any fully registered Bond or Bonds without coupons shall be surrendered for transfer, the Corporation shall execute and the Trustee shall authenticate and deliver a new fully registered Bond or Bonds of the same series and maturity, for like aggregate principal amount, which shall have endorsed thereon the same coupon Bond serial number or numbers so reserved. The Corporation may- charge a sum not exceeding five dollars ($5.00) for each new fully registered Bond issued upon any transfer except that no charge shall be made to any registered owner of Bonds initially delivered in fully registered form for transferring such Bonds. The excep- tion set forth in the foregoing sentence shall not apply to later transfers when the Bonds presented for transfer are not those ini- tially delivered, but have been delivered in a previous exchange or transfer. The Trustee shall also require the payment by any Bond- holder requesting any such transfer of any tax or other govern- mental charge requirrd to be Laid with respect to such transfer. No transfer of fully registered Bonds shall be required to be made during the fifteen days next preceding each interest payment date. SEcriox 7.04. Exchange of Bonds. Fully registered Bonds without coupons may be exchanged at the Designated Office of the Trustee for a like aggregate principal amount of coupon Bonds (or for a like aggregate principal amount of fully registered Bonds of other authorized denominations) of the same series and maturity, and coupon Bonds may he exchanged at said office of the Trustee 335 72 for a like aggregate principal amount of fully registered Bonds of authorized denominations of the same series and maturity. All coupon Bonds surrendered for exchange and delivered in exchange shall have attached thereto all unmatured coupons appertaining thereto (together with any matured coupons in default appertain- ing thereto). The Trustee shall preserve coupon Bonds surrendered to it for exchange, and may subsequently reissue said coupon Bonds in exchange for a like aggregate principal amount of fully registered Bonds, as hereinabove provided, after detaching all matured interest coupons appertaining thereto. The Corporation may charge a suln not exceeding five dollars ($5.00) for each neer Bond issued upon any exchange except in the case of any exchange of temporary Bonds for definitive Bonds and except as hereinafter provided. No charge shall be made to any holder of Bonds initially delivered in coupon form for exchanging such Bonds in coupon form for Bonds in fully registered form, and no charge shall be made to any registered owner of Bonds initially delivered in fully registered form for exchanging such Bonds in fully registered form for Bonds in coupon form or Bonds in fully registered form of other authorized denomi- nations. The foregoing sentence shall not apply to later exchanges when the Bonds presented for exchange are not those initially deliv- ered, but have been delivered in a previous exchange or transfer. The Trustee shall also require the payment by the Bondholder requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. No exchange of Bonds shall be required to he made during the fifteen clays next preceding eae11 interest payment date. SECTIox 7.05. Bond Begister. The Trustee will keep or cause to be kept, at the Designated Office of the Trustee, sufficient books for the registration and transfer of the Bonds, which shall at all times be open to inspection by the Corporation; and, upon presenta- tion for such purpose, the Trustee shall, under such reasonable regn- lations as it may prescribe, register or transfer or cause to be regis- tered or transferred, on said books, Bonds as hereinbefore provided. SECTION 7.06. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, litho- graphed or typewritten, shall be of such denominations as may be 330 w 73 determined by the Corporation, shall be without coupons and may contain such reference to any of the provisions of this Indenture as may be appropriate. Every temporary Bond shall be executed by the Corporation and be authenticated by the Trustee upon the same conditions and in substantially the same manner as the definitive Bonds. If the Corporation issues temporary Bonds it will execute and furnish definitive Bonds without delay upon the request of the purchaser of said Bonds, and thereupon the temporary Bonds may be surrendered, for cancellation, in exchange therefor at the Designated Office of the Trustee, and the Trustee shall authenti- cate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive coupon Bonds or definitive fully registered Bonds of authorized denominations, of the same series and maturity or maturities. Until so exchanged, the tempo- rary Bonds shall be entitled to the same benefits under this Inden- ture as definitive Bonds authenticated and delivered hereunder. SFcriox 7.07. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the Corporation, at the expense of the owner of said Bond, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor and number (having annexed appropriate coupons corresponding to those, if any, annexed to the mutilated Bond) in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated together with any unpaid coupons thereto appertaining. Every mutilated Bond so surrendered to the Trustee shall be cancelled by it and delivered to, or upon the order of, the Corporation. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Corporation and the Trustee and, if such evidence be satis- factory to both and indemnity satisfactory to them shall be given, the Corporation, at the expense of the owner, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor and number (having annexed appropriate coupons corre- sponding to those, if any, annexed to the lost, destroyed or stolen Bond) in lieu of and in substitution for the Bond so lost, destroyed or stolen. The Corporation may require payment of a sum not exceeding the actual cost of preparing each new Bond issued under 337 74 this Section olid of the exl-venses: which may be incurred by the Corporation and the Trustee in the Premises. Any Bond or coupon issued under the provisions of this Section in lieu of any Bond or coupon alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Cor- poration whether or not the Bond or coupon so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Inden- ture with all other Bonds and coupons secured by this Indezriture. ARTICLE VIII Novisto::s RFrGARDI:Co RF.Dyxmox or Bozos SE(.?il)� 8.01. Selection of Boards for Redcmption. Whenever less than all of the Bonds of any one maturity of any series are called for redemption and such Bonds are redeemable by lot and not in inverse numerical order, the Trustee shall select the Bonds of such maturity to be redeemed, from the outstanding Bonds of such maturity, by lot in any manner which the Trustee deems fair. The Trustee shall promptly notify the Corporation in writing of the numbers of the Bonds so selected for redemption. SEI.Tio.v 8.02. Notice of Redrmptton. Notice of redemption (except, as provided below) shall he 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 redpmp- tion. sihall state the redemption date and the place or places of redemption, shall designate the serial numbers of the Bonds to be redeei i-d by giving the individual numbers of each Bond or by Mating that all Bonds lwtwcwn two stated numbers., botli inclusive, have lwen called for redemption, and shall r 4luire that such Bonds iH- then Kurrendered with, in the case of coupon Bonds, all interest conlsons maturing subsequent to the said redemption date for re- demPtion, and shall also %tate that the interest on the Bonds 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 Bonds the principal amount thereof 338 75 to be redeemed, interest accrued thereon to the redemption date and the premium thereon (such premium to be specified). If any of the coupon Bond serial numbers so chosen shall be the serial numbers of coupon Bonds them reserved against outstanding registered Bonds, such notice shall specify the respective serial numbers of such reserved coupon Bonds, and if the serial numbers of all the coupon Bonds reserved against any particular registered Bond shall not have been chosen so that less than the whole of the principal of such registered Bond shall be redeemable, the said notice shall also state that such registered Bond is to be redeemed in part and that upon the presentation of such registered Bond for redemption there will be issued in lieu of the unredeemed portion of the Principal thereof a new registered Bond or Bonds of the same character, series, interest rate and maturity of an aggregate principal amount equal to such unredeemed portion. A similar notice shall also be mailed to the original purchaser of the Bonds, or, if the original purchaser is a syndicate, to the managing member of such syndicate, and to the respective registered owners of any Bonds designated for redemption at their addresses appearing on the Bond registration books at least thirty days but not more than sixty days prior to the redemption date, which notice shall, in addition to setting forth the above information, set forth, in the case of each registered Bond 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 redemp- tion of such Bonds. Jn case of the redemption as herein Permitted of all of the Bonds then outstanding, or of all of the Bonds of any series or of any maturity of any series, notice of redemption shall be given by publication and mailing in the same manner as for partial redemption of Bonds, except that the notice of redemption need not specify the serial numbers of the Bonds to be redeemed. If at the time of giving notice of redemption no Bonds subject to redemption are outstanding except registered Bonds, Publication of such notice shall be deemed to have been waived if such notice shall have been mailed to each registered owner of such Bonds at his 339 76 address as it appears on the registration books or at such address as he way have filed with the Trustee for that pnrpose. Notice of redemption of Bonds shall be given by the Corpora- tion or, at the request of the Corporation, by the Trustee for and on behalf of the Corporation. SECTION 3.03. E'f ert of Redemption. Notice of redemption having been duly given as aforesaid, and moneys for payment of the principal amount of the Bonds to he redeemed, the redemption premium, if any, thereon, and interest due and unpaid to and includ- ing the redemption (lute ther(►on being; held by the Trnstee, the Bonds so called for redemption shall, on the redemption date desig- nated in sueli notice, lweome due and payable at the redemption price sl)eeified in such notice, interest on the Bonds so called for redpmprtion shall evase to accrue, the coul*ns for interest thereon inat(iring sub- seilitent to the redeattlttion (late shall he void, said Bonds shall cease to he entitled to tiny lied, benefit or security under this Indenture, and the holder:• of skid Bond, shall have no rights in respect thereof except to receive Imyttlent of the princilml amount thereof, redemp- tion preminin, if any, thereon, and accrued interest thereon to said redemption date. All unpaid interest installments represented by coupons which shall have matured on or prior to the date of redemption designated in such notice shall coutinue to be payable to the bearers severally and respectively upon the presentation and surrender of such coupons. All unpaid interr,%t inp.talkiwatA for interest which shall have herome (late unit ivyat►1t- on or ;prier to simlt date of redemption on registem'! Bon& on called for rrdempt on shall l* paid to the rv*-ixtcrctl owner tlieroof as loan idrd in lection 2.t7... All Bonds redeemed piurtu.ant to !he prorisions of this Article and the appurtenant oou,pons, if any, shall be cancelled upon sur- render thereof wtd delivered to the Corporation. Sa(.-rtos &04. Rrs(Yssion of Notice of Redemptiox. The Cor- poration may, at its option, prior to the date fixed for redemption in aziy notift of redemption reitind sad cancel such notice of redemption. 340 T ARTICLE IX ADDITIONAL COVENANTS OF TIIE CORPORATION SEcrlox 9.01. Payment of Principal and Interest. The Corpo- ration will Punctually Pas the principal and the interest (and pre- mium, if any) to become due in respect of every Bond issued here- under at the times and places and in the manner provided herein and in the Bonds and in the coupons thereto appertaining, according to the true intent and meaning thereof. When and as paid in full, all Bonds and all coupons appurtenant thereto, if any, shall be delivered to the Trustee, shall forthwith be cancelled and shall there- after he redelivered to, or upon the order of, the Corporation, subject to the provisions of Section 14.04. SECTION 9.02. Extension or Funding of Interest Coupons. In order to prevent any accumulation of coupons after maturity, the Corporation will not, directly or indirectly, extend or assent to the extension of the time for the payment of any coupon or any claim for interest on any of the Bonds, and will not, directly or indirectly, be a party to or approve any such arrangement by purchasing or funding such coupons or claims or in any other manner. In case any such coupon or claim for interest shall be extended or funded, wliether or not with the consent of the Corporation, such coupon or claim for interest so extended or funded shall not he entitled, in case of default hereunder, to the benefits of this Indenture, except subject to the Prior payment in fell of the principal of all of the Bonds then outstanding and of all coupons and claims for interest which shall not have been so extended or funded. SECTION 9.03. Maintenance of Revenues. The Corporation will promptly collect all rents and charges due for the occupancy or use of the facilities of the Project as, the same become due, and will promptly and vigorously enforce its rights against any tenant or other person who does not pay such rents or charges as they become due. The Corporation will at all times maintain and vigorously en- force all of its rights under the Facility Leases. SECTION 9.04. Accounting Records and Reports. The Corpo- ration shall keep (or cause to be kept) proper books of record and account in which complete and correct entries shall be made of all 341 7s 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 holder of Bonds, or his agent or representative, at reasonable hours and under reasonable con- ditions. Not more than four months after the close of each fiscal year of the Corporation, the Corporation shall furnish, to the Trustee and to any Bondholder who may so request, a complete financial state- ment covering receipts, disbursements, allocation and application of Revenues for such fiscal year, and including a balance sheet, accoiai- panied by an audit report and related opinion of an independent flim of certified public accountants to be employed by the Corpora- tion, or, if so requested in writing by the holders of at least sixty Per cent (60%) in aggregate principal amount of the Bands then ontstanding, accompanied by an audit report and related opinion of an indf-pendent firm of certified pnhlie accountants of their selection. SECTION 9.05. Compliance with Indenture. The Corporation will not issue, or permit to be issued, any Bonds in any manner other than in accordance with the provisions of this Indenture, and will not suffer or permit any default to occur under this Indenture, but will faithfully observe and perform all the covenants, conditions and requirement~ hereof. SECTION 9.06. Authorization for Bonds. The Corporation is duly authorized under the laws of the State of California, and any other applicable provisions of lain, to create and issue the Bonds and to execute this Indenture; all corporate action on its part required for the lawful creation and 'issue of the Bonds and the execution of this Indenture has been duly and effectively taken; and the Bonds, upon the issue thereof, will be valid and enforceable obligations of the Corporation in accordance with their terms. SEcTlorr 9.07. Observance of Laws and Regulations. The Cor- poration 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 enjoy- ment of any and every right, privilege or franchise now owned or 342 79 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 9.08. Maintenance and Repair of Project. The Cor- poration shall maintain or cause to be maintained in good condition and keep in good repair the Project and all buildings, facilities and (4tuipment noir or hereafter constituting any part of the trust estate, shall maintain the Project as a fully equipped and operational facility, and shall not cunnmit or allow any waste with respect to any of the trust estate. SBcTIor 9.09. Other Liens. The Corporation shall keep the trust estate and all parts thereof free from judgments, mechanics' and materialmen's liens (except those arising from the construction of the Project) and free from all liens, claims, demands and encum- brances of whatsoever prior nature or character, to the end that the priority of the Iien of this Indenture may at all times be maintained and Preserved, 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 trust estate, 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 proceed- ings in which the validity of this Indenture or its priority is or might be questioned, or 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 and priority of this Indenture and the lien thereof and to perform such covenants and warranties. So long as any Bonds are outstanding, the Corporation will not create or suffer to be created any mortgage, pledge, lien or charge 343 80 upon all or any part of the trust estate, the Project or the Revenues, other than the lien of this Indenture, except any mortgage, pledge, lien or charge expressly permitted by Sections 3.04, 3.05 or 3.06. SECTION 9.10. Compliance with Contracts. The Corporation shall comply with the terms, covenants and provisions, express or implied, of all contracts for the use of the trust estate by the Cor- poration, and all other contracts and agreements affecting or involv- ing the trust estate or the business of the Corporation. SECTION 9.11. Prosecution and Defense of Suits. The Corpora- tion shall promptly, upon request of the Trustee or any Bondholder, 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 trust estate or any part thereof, whether now existing or hereafter devel- oping, 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 Bondholder 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 pro- ceeding at any time brought against the Trustee or any Bondholder upon any claim arising out of the receipt, application or disburse- ment of any of the Revenues or involving the rights of the Trustee or any Bondholder under this Indenture; provided, that the Trustee or any Bondholder 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 Bondholders 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 Bondholders against any attorneys' fees or other expenses which any of them may incur in connection with any litiga- tion to which any of thein may become a party by reason of his own- ership of Bonds. The Corporation shall promptly reimburs-e any Bondholder 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 Indenture or the Bonds, Provided 344 81 that such litigation shall be concluded favorably to such Bond- holder's contentions therein. Notwithstanding any contrary provision hereof, this covenant shall remain in full force and effect, even though all indebtedness and obligations secured hereby may have been fully paid and satisfied and this Indenture may have been released and discharged, until the Corporation shall have been dis- solved. SECTION 9.12. Recordation and Filing. The Corporation shall record, register, file, renew, refile and re-record this Indenture and every indenture supplemental hereto which may hereafter be exe- cuted and all such documents, including financing statements, as may be required by law in order to maintain this Indenture at all times as a mortgage of property, 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 Bondholders and the rights and security interests of the Trustee. The Corporation shall do what- ever else may he necessary or be reasonably required by the Trustee in order to Perfect and continue the lien of this Indenture. SECTION 9.13. Eminent Domain. If all or any part of the trust estate 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 Tr»stee as follows: (a) (1) If the Trustee determines that such eminent domain proceedings have not materially affected the operation of the Project or the ability of the Corporation to meet any of its obligations hereunder, 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 4.02. (2) If the Trustee determines that such eminent do- main proceedings have not materially affected the operation of the Project or the ability of the Corporation to meet any of its obligations hereunder, and if the Trustee determiner that such proceeds are needed for repair or rehabilitation of the 345 82 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 Corpora- tion, certificates of architects or engineers and other doctunents, 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 engi- neer or other independent professional consultant. Any such determination by the Trustee shall be final. (b) If less than al . of the Project shall have been taken in such eminent domain proceedings, and if the Trustee deter- mines that such eminent domain proceedings have materially affected the operation of the Project or the ability of the Cor- poration to meet any of its obligations hereunder, the Trustee shall apply such proceeds to the redemption of Bonds of the series whose proceeds were used to construct or acquire the portion of the Project so taken in the manner provided in Sec- tion 2.M and Article VIII. (c) (1) If all of the Project shall have been taken in such eminent doinain proceedings and if such Proceeds, togMher with any other moneys then available to the Trustee for the pur- pose, are sufficient to provide for the payment of the entire amount of principal then due or to become due upon the Bonds, together with the interest thereon, so as to enable the Corpo- ration to retire all of the Bonds then outstanding by redemption or by payment at maturity, the Trustee shall apply such pro- ceeds to the payment of such interest and to such retirement. (2) 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 insufficient to provide moneys for the purposes specified in paragraph (I) of this subsection (c), the Trustee shall apply such Proceeds in accordance Rrith the provisions of Section 10.14 mo far ax the mine mar be npplicably. 346 • 83 (d) After all of the Bonds have been retired and the entire wnount of princil3al due or to become due upon the Bonds, together with the interest thereon, hare been paid in full, the Trustee shall pay the remainder of such proceeds to the Public Body and the Corporation in accordance with their respective interests. SECTIor 9.14. Further Assurances. Whenever and so often as requested so to do by the Trustee or any Bondholder, the Corpora- tion will promptly execute and deliver or cause to be executed and delivered.all such other and further instruments, documents or assur- ances, and promptly do or cause to be done all such other and fur- ther things, as may be necessary or reasonably required in order to further and more fully vest in the Trustee and the Bondholders all rights, interest, powers, benefits, privileges and advantages con- ferred or intended to be conferred upon them by this Indenture. ARTICLE X REMEDIES oN DEFAu LT SECTION 10.01. Events of Default; Acceleration; W-diver of De- fault. Tf one or more of the following events (herein called "events of default") shall happen, that is to say— (a) if default shall be made in the due and punctual pay- ment of the principal of, or premium (if any) on, any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption, by declaration or otherwise; (b) if default shall be made by the Corporation in the ob- servance of the covenants on its Dart contained in Section 5.02; (c) if default shall be made in the due and punctual pay- ment of any installment of interest on any Bond, when and as such interest installment shall become due and payable; (d) if default shall be made by the Corporation in the per- formance or observance of any other of the covenants, agree- ments or conditions on its part in this Indenture or in the Bonds contained, and such default shall have continued for a period of sixty days after written notice thereof, specifying such default 347 84 and requiring the same to be remedied, shall have been given to the Corporation by the Trustee, or to the Corporation and the Trustee by the holders of not less than twenty-five per cent (257c) in aggregate principal amount of the Bonds at the time outstanding; (e) if the corporate existence of the Corporation shall ter- minate; (f) if the Corporation shall (1) admit in writing its inabil- ity to pay its debts generally as they become due, (2) file a petition in bankruptcy or to take advantage of any insolvency act, (3) make an assignment for the benefit of its creditors, (4) consent to the appointment of a receiver of itself or of the whole or any substantial part of its property, or (5) on a petition in bankruptcy filed against the Corporation, be adjudicated a bankrupt; (g) if the Corporation shall file a petition or answer seek- ing reorganization or arrangement under the federal bank- ruptcy laws or any other applicable law of the United States of America or any State thereof; (h) if a court of competent jurisdiction shall enter an order, judgment or decree appointing, Without the consent of the Corporation, a receiver of the Corporation, or of the whole or any substantial part of its property, or approving a petition filed against the Corporation seeking reorganization of the Corporation under the federal bankruptcy laws or any other applicable law of the United States of America or any State thereof, and such order, judgment or decree shall not be va- cated or set aside or stayed within sixty days from the date of the entry thereof; or (i) if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Corporation or of the whole or any substantial part of its property, and such custody or control shall not be terminated or stayed within sixty days from the date of assumption of such custody or control; then and in each and every such case during the continuance of such event of default, unle" the principal of all the Bonds shall have 348 $S alrvatly become due and payable, the Trnstee, by notice in writing to the Corporation, may and upon the written request of the holdcrs of not leas than twenty-five per cent (25%) in aggregate principal amount of the Bonds at the time outstanding, ahall, declare the principal of all the Bonds then outstanding, and the interest a.ccrm-d thereon, to he due and payable immediately, and upon any such declaration the same shall become and shall be immediately doe and payable, anything in this Indenture or in the Bonds con- tained to the contrary notwithstanding. This provision, however, is subject to the condition that if, at any time after the principal of the Bonds shall have been so declared due and Parable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as herein- after Provided, the Corporation shall deposit with the Trustee a sum sizffiicient to pay all principal on the Bonds matured prior to such declaration and all matured installments of interest (if any) iilpon all the Bonds, with interest on such overdue installments of prinrilml at the rate or rates of interest borne by the respective 11onds, and the reasonable expenses o: the Trustee, and any and all other defaults known to the Trnstec (other than in the payment of 1prineilial of and interest on the Bonds due and payable solely by rens-on of stteb declaration) shall bare been made good or cured to the satisfaction of the Trustee or Provision deemed by the Trus- tee to he adequate shall have been made therefor, then, and in avers such case, the holders of at least sixty per cent (607c ) in aggregate principal amount of the Bonds then outstanding, by written notice to the Corporation and to the Trustee, may, on behalf of the holders of all of the Bonds, rescind and annul such declaration and its consequences and waive such default; but no such rescission and annulment shall extend to or shall affect any subsequent default, or sliall imlpnir or e►xhanst an right or power consequent thereon. ' SECTION 10.02. Power of Trustee to Enter and Take Possession of Trust Estate. If one or more of the events of default shall happen mud be continuing, thele and in each and every such case the Trustee, either personally or by its agents or attorneys, Inny, in its discretion, and upon the written request of the holders of not less than a majority in principal nmoin t of the Bonds then outstanding, and upon being 349 86 indemnified to its satisfaction, forthwith shall, enter into and upon and take and hold Possession of the trust estate, and may exclude the Corporation and its agents ail servants and all other persons or corporations wholly therefrom and may use, mannge and control the trust estate and conduct the business of the Corporation with respect thereto in such manner as in its discretion it shall deem to be to the best advantage of the holders of the Bonds. In aid of the exercise of the power of entry conferred upon the Trustee under the foregoing provisions of this Section, the Trustee in its discretion and without notice or demand upon the Corporation, such notice and demand being hereby expressly waived, shall be entitled to the appointment of a receiver by any court of competent jurisdiction, and such receiver so appointed shall he entitled to exer- cise all the powers hereby conferred upon the Trustee under the provisions of this Article in the management and operation of the trust estate. SFcTioN 10.03. Righis and Duties of Trustee upon Entry. Upon every such entry the Trustee from time to time, and at the expense of the trust estate, may maintain and restore and insure and keep insured the trust estate and make all necessary repairs, renewals, replacements, alterations, additions, betterments and improvements, as it may deem judicious. The Trustee in case of such entry shall have the right to manage the trust estate and to carry on the busi- ness of the Corporation with respect thereto and to exercise all the rights and powers of the Corporation either in the name of the Cor- poration or otherwise, as the Trustee shall deem best, and shall be entitled to collect, take and receive all earnings, income, rents, issues and profits of the trust estate. After deducting the expenses of operating the trust estate and of conducting the business thereof, and of all repairs, maintenance, renewals, replacements, alterations, additions, betterments and im- provements, and all payments or reserves that may be made or set up, in the Trustee's discretion, for taxes, assessments, insurance and prior or other proper charges upon or in connection with the opera- tion of the trust estate or any part thereof, as well as just and reasonable compensation for its own services and for the services of 350 97 counsel, ngents and employees by it properly engaged and employed, and after Innking reinibursement to itself for advances made pur- suant to the provisions of this Indenture with interest on all such advances at the rate of six per cent (67c) per annum, the Trustee shall apply moneys received by it pursuant to this Section as follows: First: In case the principal of none of the Bonds shall have become due and remain unpaid, to the payment of interest in default in the order of the maturity thereof, such payments to be made ratably to the persons entitled thereto without discrimi- nation or preference, except as specified in Section 9.02. Second: Iii case the principal of any of the Bond, ,hall have become due by declaration or otherwise and remain unpaid, first to the payment of interest in default in the order of the maturity thereof, then to the payment of the principal of all Bonds then due and unpaid, with interest on the overdue principal at the rate or rates of interest borne by the respective Bonds; in each instance such payment to be made ratably to the persons entitled thereto without discrimination or preference, except as specified in Section 9.02. Upon the payment in full of all amounts due for such principal or interest, or payable for other purposes, and if the Corporation shall not then be in default hereunder, the trust estate (except any money required to be held by the Trustee under any other Section of this Indenture) shall be returned to the possession of the Corpora- tion, its successors or assigns, or to whosoever may be lawfully entitled thereto. - SECTION 10.04. Institution of Legal Proceedings by Trustee. If one or more of the events of default shall happen and be continuing, the Trustee in its discretion may, and upon the written request of the holders of not less than a majority in principal amount of the Bonds then outstanding, and upon being indemnified to its satisfac- tion therefor, shall, proceed to protect or enforce its rights or the rights of the holders of Bonds under this Indenture by a suit in equity or action at lair, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the foreclosure of this Indenture, 351 88 or for the enforcement of ally other appropriate legal or equitable remedy as the Trustee shall deem most effectual in support of ally of its rights or duties hereunder; and upon instituting such proceed- ing, or in order to take possession of the trust estate as hereinabove provided, the Trustee shall be entitled as of right to the appointment of a receiver of the trust estate, without notice or demand to or upon the Corporation, which notice and demand are hereby expressly waived. SECTION 10.05. Power of Sale. If one or more of the events of default shall happen and be continuing, the Trustee, without entry, personally or by attorney, in its discretion may, and upon the written request of the holders of not less than a majority in principal amount of the Bonds then outstanding, and upon being indemnified to its satisfaction therefor, shall, proceed to sell to the highest and best bidder all and singular the trust estate (except any money then held by the Trustee under any provision of this Indenture) and all rights, title, interest, claim and demand therein and thereto of the Corpo- ration. Such sale shall be made at public auction and at such place or places hi the couuty in which the trust estate or a portion thereof is located, and at such time or times and upon such notice as the Trustee mai- be advised by counsel to be consistent with the laws. if aur, ap1dicable tl►ereto, and upon such terms ats the Trustee mar fix. T1► c•omiectimi with aur such sale, the Trustee, in its sole discre- tiou. may authorize an appraisal of the trust estate to be made by curb persou or persons its the Trustee may select. Further, the Trustee- mai• reject trny and all bids submitted at such kale if, ill the opinion of the Trustee, such bids do not represent a fair price for the trust estate. and may postpone ally sale until such time as the Trustee shall determine. Any person, including the Corpora- tioi►, the Trustee and any holder of Bonds, mai- purchase at any such sale and the Trustee may make a credit bid at anv such sale ou behalf of the holders of the Bonds then outstanding in any amount up to but not exceeding the total indebtedness then owed under the Indenture. Notice of any sale pursuant to any provision of this Indenture shall state the time and place when and where the same is to be made, shall contain a brief general description of the property to he sold, shall briefly state the terms of the sale and 352 89 shall be given by publication or posting or both to the extent and iu the maimer required by law. SECTIO_-\- 10.06. .acceleration upon Exercise of Power of Sale. In the event of any sale of the trust estate made under the power of sale hereby granted and conferred, or under or by virtue of judicial proceedings, or of any judgment or decree of foreclosure and sale, the Principal of all Bonds, if not previously due, immediately shall become and be dile and payable, anything in said Bonds or in this Indentuure to the contrary notwithstanding. SEXTION 10.07. Sale as Entirety or in Parcels. Should any such sale be niade pursuant to judicial proceedings, such sale shall be made either as an entirety or in such parcels as may be directed by the court, or should such sale be made by the Trustee under the power of sale Hereby granted, such sale shall be made either as an entirety or in such parcels as the Trustee in its sole discretion may determine. The Public Body shall have a first right and option, in the event of any proposed sale pursuant to judicial proceedings or by the Trustee under the power of sale herein granted, to purchase the trust estate at the price sufficient to retire and pay all indebtedness of the Corporation then outstanding and secured by this Indenture. The Corporation, for itself and all persons and corporations hereafter claiming through or under it, or who may at any time hereafter become holders of liens junior to the lien of this Indenture, hereby expressly waives and releases all right to have the properties and rights comprised in the trust estate marshaled upon any fore- closure or other enforcement Hereof, and the Trustee or any court in which the foreclosure of this Indenture or administration of the trusts hereby created is souglit shall have the right as aforesaid to sell the entire property of every description comprised in or subject to the trusts created by this Indenture as a whole in a single parcel as an entirety or in such parcels. SECTION 10.08. Adjournments of Sale. The Trustee from time to time may adjourn any such.sale to be made by it by announcement at the time and place appointed for such sale or for such adjourned sale or sales, and without further notice or publication it may make 353 90 such sale at the time to which the same shall be so adjourned, but in the event of such adjournment or adjournments, sale shall be made within six months from the date of sale fixed in the advertisement, unless notice of sale on some later date shall be given again in the manner provided in Section 10.05. SECTION 10.09. Transfer to Purchaser at Sale. Upon comple- tion of any such sale or sales, the Trustee shall execute and deliver to the accepted purchaser or purchasers a good and sufficient deed or assignment of the property or properties sold, or shall execute and deliver, in conjunction with the deed or assignment of the court officer conducting sucli sale, a proper release of such properties. The Trustee is hereby irrevocably appointed the true and lawful attorney of the Corporation, in its name and stead to make all necessary deeds and assignments of sucli properties thus sold; and for that purpose the Trustee may execute all necessary instruments of conveyance, assignment and transfer, and may substitute one or more persons or corporations with like power; and the Corporation hereby ratifies and confirms all that its said attorney or attorneys, or such substitute or substitutes, shall lawfully do by virtue hereof. Nevertheless, the Corporation, if so requested by the Trustee, shall execute and deliver to the purchaser or purchasers such deeds, assignments, transfers and releases as inay he designated in such request. In the event of a sale of said trust estate, or any part thereof, and the execution of a deed or assignment thereof under these trusts, the recital therein of default, publication of notice of sale, demand that such sale be made, postponement of sale, terms of sale, sale, purchaser, payment of purchase money and any other fact affecting the regularity or validity of such We sliall be effectual and conclusive proof of the facts recited therein as against the Corporation, its successors and assigns, and all other persons. Sacrzox 10.10. Sale a Bar Against Corporation. Any such sale shall divest all right, title, interest, claim and demand whatsoever, either at law or in equity, of the Corporation, its successors and assigns of, in and to the property and premises sold, and shall be a perpetual bar, both at laic and in equity, against the Corporation, its suocessors and assigns, and against any and all persons claiming 354 91 or who may claim the property sold or any part thereof, from, through or under the Corporation, its successors or assigns. SEcTIox 10.11. Purchaser Not Liable for Application of Pur- chase Mosey. The receipt of the Trustee or of the court officer con- ducting such sale shall be a sufficient discharge for the purchase money of any purchaser of the property or any part thereof, sold as aforesaid, and no purchaser or representatives, grantees or assigns of any purchaser, after paying such purcliase money and receiving such receipt, shall be bound to see to the application of such purchase money upon or for any trust or purpose of this Indenture, or in any manner whatsoever be answerable for any loss, misapplication or non-application of such purchase money or any part thereof or be bound to inquire as to the authorization, necessity, expediency or regularity of any such sale. SECTION 10.12. Application of Bonds to Purchase Price. In case of any such sale, for the purpose of making settlement or pay- ment for the property purchased, the purchaser shall be entitled to turn in or apply toward the payment of the purchase price any Bonds and any matured and unpaid coupons appertaining thereto (subject, however, to the provisions of Section 9.02) and to be credited there- for, to the extent of the value of or amount which would be payable upon such Bonds and coupons upon a distribution among the holders of Bonds and coupons of the net proceeds of such sale, after making the deductions allowable under the terms hereof for the costs and expenses of the We and otherwise; but such Bonds and coupons so applied in payment by the purchaser shall be deemed to be paid only to the extent so applied. SECTION 10.13. Purchasc by Trustee. At any such sale the Trustee or any holder of Bonds may bid for and purchase such property and may make payment on account thereof as aforesaid, and upon compliance with the terms of sale may bold, retain and dispose of such property without further accountability therefor. SECTION 10.14. Application of Proceeds of Sale. The purchase money, proceeds and avails of any such sale, together with any sums which may then be lield by the Trustee or be payable to and received 35S 92 by it under any of the provisions of this Indenture as part of the trust estate or of the proceeds thereof, shall be applied as follows: First: To the payment of the costs, expenses, fees and other charges of such sale, a reasonable compensation to the Trustee, its agents and attorneys, all expenses and liabilities incurred and advances made by the Trustee in managing and maintaining the property, instituting, defending or carrying on litigation and administering its trusts hereunder, with interest on all such advances at the rate of six per cent (6%) per annum, and all taxes, assessments, water rates or liens thereon prior to the lien of this Indenture, except any taxes, assessments, water rates or other superior liens subject to which such sale shall have been made. Second: Any surplus then remaining to the payment of the whole amount owing and unpaid (for the payment of which other moneys are not then held by the Trustee) upon the principal of and interest on the Bonds, with interest on overdue principal at the rate or rates of interest borne by the respective Bonds, 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 otlier installments of principal, or of any installments of interest over any other installments of interest, except as specified in Section 9.02. Third: Any surplus then remaining to the Corporation, its successors and assigns, or to whosoever may be lawfully entitled to receive the same, upon lawful demand being made therefor. SECTION 10.15. Effect of Delay or Omission to Pursue Remedy. No delay or omission of the Trustee or of any holder of Bonds to exercise any right or power arising from any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein; and every power and remedy given by this Article to the Trustee or to the holders of Bonds may be exercised from time to time, and as often as shall be deemed expedient. In case the Trustee shall have proceeded to -3SL 93 erforce any right under this Indenture by entry, foreclosure or otherwise, and such pings aha11 have been discontinued or abandoned because of waiver or for any other reasons, or shall have been determined adverrsrly to the Trustee, then and in every such case the Corporation and the Trustee, and the holders of the Bonds, severally- and retpectireir, mall be restored to their former positions and rights hereunder in respect to the trust estate; and all remedies, rights and powers of the Corporation. the Trustee and the holders of the Bonds shall continue as though no such proceedings had been taken. Stcnox 10.16. Remrdtrs Cumulative. No remedy herein con- ferred upon; or reserved to the Trustee or to any holder of the Bonds is intended to be exclusive of any other remedy, but each and every stirb remmly shall he cumulative and shall be in addition to every other termly given hereunder. Src-nox 10.17. T alver by Corporation of Benefits of Lairs for Protertion of Dchlors. The Corporation will not, at any time, claim., tike or insist itlron any benefit or advantage from any law now or hereafter in force providing for the valuation or appraisement of the trust property. or any lurt thereof, Prior to any sale thereof to be nude Pursuant to any Provision herein contained, or pursuant to the decree, judgment or order of any court of competent juris. diction; nor, after any such axle, will it claim or exercise any right, under any statute now or hereafter enacted, to redeem the property to sold, or any part thereof; and the Corporation hereby expressly waives all benefit and advantage of any such law and covenants that it will not involve or utilise any such lacy in order to hinder, delay or iinlw-de the execution of any poorer herein granted and delegated to the Trustee, but will suffer and permit the execution of every sucli poorer as though no such law had been enacted. SF.c-nox 10.18. Covenant to Pay Bonds in Event of Default, Etc. The Corporation covenants that, upon the happening of any event of default, the Corporation %-ill pas to the Trustee, upon de- mand, for the benefit of the holders of the Bonds and coupons apper- taining thereto, the whole amount then due and payable thereon (by • 35 ; 94 declaration or otherwise) for interest or for principal, or both, as the case may be, and all other sums which may be due hereunder or se- cured hereby (with interest on overdue principal at the rate or rates or interest borne by the respective Bonds), including reasonable compensation to the Trustee, its agents, attorneys and counsel, and any expenses or liabilities incurred by the Trustee hereunder. In case the Corporation shall fail to pay the same forthwith upon such de- niand, the Trustee, in its own name and as trustee of an express trust, shall be entitled to institute proceedings or file a claim in any proceedings at lave or in equity or in bankruptcy in any court of com- petent jurisdiction to recover judgment for the whole amount due and unpaid, together with costs and reasonable attorneys' fees. The Trustee shrill be entitled to file claim and to recover judgment as aforesaid, either before or after or during the pendency of any trustee's sale proceedings or any proceedings for the enforcement of the lien of this Indenture upon the trust estate, and the right of the Trustee to file such a claim or to recover such judgment shall not be affected by any entry or sale, or by the exercise of any other riglit, power or remedy for the enforcement of the provisions of this Indenture or for the foreclosure of the lien hereof; and, in case of a sale of the trust estate, or any portion thereof, and of the application of the Proceeds of sale to the Payment of said indebted- ness, the Trustee, in its own name and as trustee of an express trust, shall be entitled to enforce payment of and to receive all amounts then remaining due and unlmid upon the Bonds and coupons then outstanding, for the benefit of the holders thereof, and shall be untitled to recover judgment for any Portion of said indebtedness remaining unpaid, with interest. No recovery of any judgment by the Trustee and no levy of any execution under any such judgment upon property subject to the lien of this Indenture or upon any other property shall in any manner or to any extent affect or impair the lien of this Indenture upon the trust estate or any part thereof or any rights, Powers or remedies of the Trustee hereunder or any rights, powers or remedies of the holders of the Bonds, but such lien, rights, powers and remedies shall continue unaffected and unimpaired as before. Any moneys collected by the Trustee upon any such juudgunent shall be applied by it in accordance with the provisions of Suction 10.14 so far as the same may be applicable. 358 95 Notwithstanding the foregoing provisions of this Section, the powers hereby. granted to the Trustee are strictly subject to the limitation that if by the commencement of any action at law to recover judgment for any amount due and unpaid hereunder or upon the Bonds or by the exercise of any other remedy prior to or concurrently with trustee's sale proceedings or proceedings to enforce the lien of this Indenture upon the trust estate, the security hereby provided for would, despite the foregoing provisions of this Section, be surrendered, impaired, waived or lost, the Trustee shall have no power to commence such action at law or to exercise such power or remedy; but in case any statute now in force providing in terms or effect that the commencement of an action to recover a debt secured by mortgage shall be deemed a waiver of the security thereof, or prohibiting the exercise of any other remedy prior to or concurrently with trustee's sale proceedings or proceedings to enforce the lien of a mortgage upon the premises mortgaged, or any statute which now impairs or suspends the virtue of the fore- going provisions of this Section and of which the Corporation might take advantage, despite the said provisions, shall hereafter be repealed or cease to be in force, such statute shall not be deemed to have become or to be a part of the contract contained in this Indenture. SrcTIos 10.19. Rights of Trustee in Receivership Proceedings, Etc. In the event of any receivership, insolvency, reorganization or bankruptcy proceedings affecting the Corporation or the trust estate, the Trustee, without prejudice to or waiver of the lien and security of this Indenture or of any right conferred hereby, shall be entitled, without being the holder of any Bonds, to file and prove a claim for the entire amount then due and payable by the Corporation under this Indenture without regard to or deduction for the value of the trust estate or the security of this Indenture or for any amount which may thereafter be collected, received or realized by the Trustee from the trust estate or any part thereof, and the Trustee is hereby appointed the agent and attorney of the holders of all Bonds out- standing hereunder for such purpose. S=Tiox 10.20. Rights of Bondholders to Control Proceedings by Trustee. The holders of a majority in aggregate principal 359 96 amount of the Bonds at the time outstanding shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee, under this Indenture. In the event that the Trustee, upon the happening of an event of default, shall have taken some action, by judicial proceedings or otherwise, pur- suant to its duties hereunder, whether upon its own discretion or upon the request of the holders of the above-specified principal amount of Bonds then outstanding, it shall have full power, in the exercise of its discretion for the best interests of the holders of the Bonds, with respect to the continuance, discontinuance, with- drawal, compromise, settlement or other disposal of such action; provided, however, that the Trustee shall not, unless there no longer continues an event of default hereunder, discontinue, withdraw, com- promise, settle or otherwise dispose of any litigation pending at law or in equity, if at the time there has been filed with it a written request signed by the holders of at least a majority in aggregate principal amount of the Bonds at the time outstanding opposing such discontinuance, withdrawal, compromise, settlement or other disposal of such litigation. SECTION 10.21. Limitation on Bondholders' Right to Sue. No holder of any Bond or coupon issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for the execution of any trust or power of this Indenture or for any other rennedy under or upon this Indenture, unless (a) such holder shall have previously given to the Trustee written notice of the occurrence of an event of default hereunder; (b) the holders of at least twenty-five per cent (259o' ) in aggregate principal amount of the Bonds then outstanding shall have made written request to the Trustee to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (c) such holder or said holders shall have tendered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee shall have refused or omitted to comply with such request for a period of sixty days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. 360 97 Such notification, request, tender of indemnity and refusal or - omission are hereby declared, in every case, to be conditions prece- dent to the exercise by any holder of Bonds of any remedy here- under; it being understood and intended that no one or more holders of Bonds or coupons shall have any right in any manner whatever by his or their action to enforce any right under this Indenture, except in the planner herein provided, and that all proceedings at lair or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders of the outstanding Bonds and coupons (subject to the provisions of Section 9.02). &CTION 10?2. Absolute Obligation of Corporation. Nothilig in Section 10.21 or in any other provision of this Indenture or in the Bonds or in the coupons contained sliall affect or impair the obli- gation of the Corporation, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Bonds to the respective holders of the Bonds and coupons at their respective dates of maturity or upon call for redemption as herein provided and at the place in such Bonds and coupons expressed. SECTION 10.23. Waiver of Personal Liability of Individuals. No recourse shall be had for the payment of the principal of or interest on the Bonds or for any claim based thereon or otherwise in respect thereof or based on or in respect of this Indenture or any indenture supplemental hereto, against any incorporator, member, director or officer, as such, bast, present or future, of the Corporation or of any predecessor or successor corporation, either directly or through the Corporation or otherwise, whether by virtue of any constitution, statute or rale of law, or by the enforcement of any assessment or penalty, or otherwise; it being expressly understood that the Bonds and the coupons and all obligations of the Corporation under this Indenture are solely corporate obligations and that all such personal liability of such incorporators, members, directors and officers is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Bonds. 361 98 ARTICLE XI THE Taus= SECTION 11.01. Duties, In:natcnities and Liabilities of Trustee. The Trustee shall, prior to an event of default, and after the curing of all events of default which may have occurred, perform such duties and only such duties as are specifically set forth in this Inden- ture. The Trustee shall, during the existence of any event of default (which has not been cured), exercise such of the rights and powers vested in it by this Indenture, and use the same degree of case and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. No provision of this Indenture shall be.construed to relieve the Trustee from liability for its own negligent action or its own negli- gent failure to act, except that— (a) prior to such an event of default hereunder and after the curing of all events of default which may have occurred— (1) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Inden- ture, the Trustee shall not be liable except for the per- formance of such duties and obligations as are specifically set forth in this Indenture, and no implied covenants or obli- gations shall be read into this Indenture against the Trustee; and (2) in the absence of bail faith on the part of the Trustee, the Trustee may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, upon any certificate or opinion furnished to the Trustee conforming to the requirements of this Indenture; but in the case of any such certificate or opinion whicli by any provision hereof is specifically required to be furnished to the Trustee, the Trustee shall be under a duty to examine the same to determine whether or not it conforms to the requirements of this Indenture; and (b) at all times, regardless of whether or not any event of default shall exist— (1) the Trustee shall not be liable for any error of judgment made in good faith by a responsible officer or 362 99 officers of the Trustee unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts; and (2) the Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the hollers of not kers than a majority in aggregate principal amount of the Bonds at the time outstanding relating to the time, method and place of conducting any Proceeding for any remedy available to the Trustee, or exercising any trust or povrer conferred upon the Trustee under this Indenture. None of the Provisions contained in this Indenture shall require the Trustee to expend or risk its oven funds or otherwise incur individual financial liability- in the Performance of any of its duties or in the exercise of any of its rights or powers. SEcTio-s- 11.02. Right of Trustee to Rely upon Documents, Etc. Except as otherwise provided in Section 11.01— (x) the Trustee may rely and shall be protected in acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, bond, coupon or other paper or dociauent 1N-lieved 1►y it to be g(-mine and to have becii Kigned or presented by tht- Proper party or parties; (1►) tiny notice, r(-inext, direction, election. order or demand of the Corporation mentioned Herein xliall Iie -sufficiently evi- denced In. an instrument sided in the name of the Corporation by its President or a Vice President and by its Secretary or an Assistant Secretary or its Treasurer (unless other evidence in respect thereof be herein specifically prescribed) ; and any reso- lution of the Board of Directors of the Corporation may be evidenced to the Trustee by a Certified Resolution; (c) the Trustee mai- consult with counsel (who may he counsel for the Corporation) and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance with the opinion of such counsel; and 363 100 (d) whenever in the administration of the trusts of this Indenture the Trustee shall deem it neces:,ary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such platter (unless other evidence in respect thereof he herein specifically prescribed) Inas•, in the absence of negligence or bad faith on the part of the Trustee, be deemed to be conclusively proved and established by a Certifi- cate of the Corporation; and such Certificate of the Corporation shall, in the absence of negligence or bad faith on the part of the Trustee, be full warrant to the Trustee for any action taken or suffered by it under the provisions of this Indenture upon the faith thereof. SECTIO__\' 11.03. Trustee Not Responsible for Recitals. The re- citals contained herein and in the Bonds shall be taken as the state- ments of the Corporation, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no represen- tations as to the validity or sufficiency of the Indenture or of the Bonds or coupons. The Trustee shall not he accountable for the use or application by the Corl,oration of an of the Bonds authenticated or delivered hereunder or of they proceeds of such Bonds. SECTION 11.04. Right of Trustee to Acquire Bonds. Subject to the limitations of any applicable law, the Trustee and its officers and directors inay acquire and hold, or become the pledgee of, Bonds and coupons and otherwise deal with the Corporation in the manner and to the same extent and,with like effect as though it were not Trustee hereunder. SECTION 11.05. Moneys Received by Trustee to Be Held in Trust. Subject to the provisions of Section 13.03, all moneys received by the Trustee shall, until used or applied as herein provided,be held in trust for the purposes for which they were received, but need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any moneys received by it hereunder except such as it may agree with the Corporation to pay thereon. SECTION 11.06. Compensation and Indemnzflcation of Trustee. The Corporation covenants to pay to the Trustee from time to time, 364 101 and the Trustee shall be entitled to, reasonable compensation for all services rendered by it in the execution of the trusts hereby created and in the exercise and performance of any of the pourers and duties hereunder of the Trustee, which compensation shall not be limited by any provision of law in regard to the compensation of a tnustee of an express trust, and the Corporation will pay or reinubuurse the Trustee upon its request for all expenses, disburse- ments and advances incurred or made by the Trustee in accordance with any of the provisions of this Indenture (including the reason- able ronilvnsation and the expenses and disbursements of its counsel and of all persons not regularly in its r"ploy) except any such exlwnre, disbimseu:ent or advance as may arise from its negligence or NO faith. If any property, other than cash., shall at any time ix, held by t.lic Trustee subject to Ibis Inde4 titre, or any supplemental intlenture. aw wutrity for the Bondi. the Trustef, if and to the extent authorized by a rereiversbip, Wwkniptcy or other court of competent jurisdiction or by the instrument subjecting such property to the provisions of this Indenture as ruach security for the Bonds, shall be entitled to make advances for the purpose of preserving such prop- erty or of discharging tax liens or other prior liens or encumbrances thereon. The Corporation also covenants to indemnify the Trustee for, and to hold it harmless against, any loss, liability, expense or advance incurred or made without negligence or bad faith on the part of the Trustee, arising out of or in connection with the accept- &nee or administration of this trust, including the costs and expenses of defending itself against any claim of liability in the premises. The obligations of the Corporation under this Section to compensate the Trustee for ser%-iees and to pay or reimburse the Trustee for expenses„ disbursements, liabilities and advances shall constitute additional indebtedness hereunder. Such additional indebtedness shall have priority over the Bonds in respect of all property and funds held or collected by the Trustee as such, except funds held in trust by the Trustee for the benefit of the holders of particular Bonds or coupons- Stmox 11.07. Qttaliflenfioxi of Trustee. There shall at all times be a trustee hereunder which shall be a corporation organized and doing business under the laws of the United States of UJ 102 America or the State of California, authorized under such lags to exercise corporate trust powers, having a place of business in the county in which the Desigmaited Office of t1w Trustee is located, having it comhilled capital, exclusive of borrowed cubital, and a surplus of at least twenty-five million dollars (-*25,(W,000), and subject to supervi- sion or examination by federal or state authority. Tf such corporation publishes reports of condition at Ic►ast annually, pursuant to lair or to the requirements of any rmpervising or examining authority above referred to, then for the purposes of this Section the combined capi- tal and surplus of such corporation shall he deemed to he its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 11.08. SECTION 11.08. Resignation and Removal of Trustee and Ap- pointment of Successor Trustee. (a) The Trustee may at any time resign by giving written notice to the Corporation and by giving to the Bondholders notice by publication of such resignation, which notice shall be published at least once in a Financial Newspaper or Journal. Upon receiving such notice of resignation. the Corpora- tion shall promptly appoint a successor trustee by an instrument in writing executed by order of its Board of Directors. If no suc- cessor trustee shall have been so appointed and have accepted appointment within thirty days after the publication of such notice of resignation, the resigning trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any Bondholder who has been a bona fide holder of a Bond for at least six months may, on behalf of himself and others similarly situated, petition any such court for the appointment of a suc- cessor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee. (b) In case at any time any of the following shall occur— (1) the Trustee shall cease to be eligible in accordance with Le provisions of Section 11.07 and shall fail to resign after 366 103 written request therefor by the Corporation or by any Bond- holder who has been a bona fide holder of a Bond for at least six months, or (2) the Trustee sliall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of reliabilitation, conservation or liquidation, then, in any such case, the Corporation may remove the Trustee and appoint a successor trustee by an instrument in writing executed by order of its Board of Directors, or any such Bonclliolder may, on belialf of himself and all others similarly situated, petition any court of competent jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee. (c) The holders of sixty per cent (607r) in aggregate prin- cipal amount of the Bonds at the time outstanding may at any time remove the Trustee and appoint a successor trustee by an instru- ment or concurrent instruments in writing signed by such Bond- holders. (d) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section sliall become effective upon acceptance of appointment by the successor trustee as provided in Section 11.09. SrcTiox 11.09. Acceptance of Trust by Sitecessor Trustee. .any successor trustee appointed as provided in Section 11.48 shall execute. acknowledge and deliver to the Corporation and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor in the trusts here- under, with like effect as if originally named as Trustee herein; but, nevertheless, on the Written Request of the Corporation or the request of the successor trustee, the trustee ceasing to act shall 367 104 execute and deliver an instrument transferring to such successor trustee, upon the trusts herein expressed, all the rights, powers and trusts of the trustee so ceasing to act. Upon request of any such successor trustee, the Corporation shall execute any and all instru- ments in writing necessary or desirable for more fully and certainly vesting in and confirming to such successor trustee all such rights, powers and duties. Any trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such trustee to secure the amounts due it as compensation, reimbursement, expenses and indemnity afforded to it by Section 11.06. No successor trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 11.07. Upon acceptance of appointment by a successor trustee as pro- vided in this Section, the Corporation shall publish notice of the succession of such trustee to the trusts hereunder at least once in a Financial Newspaper or Journal. If the Corporation fails to publish such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be published at the expense of the Corporation. SF.cTiUN 11.10. Merger or Consolidation of Tn(stee. Any cor- poration into which the Trustee may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Trustee shall be a party, or any corpo- ration succeeding to the business of the Trustee, shall be the suc- cessor of the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, proNdded that such successor trustee shall be eligible under the pro-%isions of Section 11.07. SFc'riox 11.11. Records of Trustee. The Trustee shall retain all financial statements furnished to it by the Corporation pursuant to Section 0.04, so long as any of the Bonds shall be outstanding. 368 105 ARTICLE XII MODIFICATION OF, INDENTUIM SECTION 12.01. Modification without Consent of Bondholders. The Corporation, when authorized by resolution of its Board of Directors, and the Trustee, from time to time and at any time, subject to the conditions and restrictions in this Indenture contained, may enter into an indenture or indentures supplemental hereto, which indenture or indentures thereafter shall form a part hereof, for any one or more or all of the following purposes-- (a) to add to the covenants and agreements of the Corpo- ration in this Indenture contained, other covenants and agree- ments thereafter to be observed, or to surrender any right or poker herein reserved to or conferred upon the Corporation, provided, that no such covenant, agreement or surrender shall adversely affect the interests of the holders of the Bonds; (b) to evidence the succession of another corporation to the Corporation, or successive successions, and the assumption by a successor corporation of the covenants and obligations of the Corporation in the Bonds and in this Indenture contained; (e) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defec- tive provision contained in this Indenture, or in regard to matters or questions arising under this Indenture, as the Corpo- ration may deem necessary or desirable and not inconsistent with this Indenture and which shall not adversely affect the interests of the holders of the Bonds; (d) to modify, amend or supplement this Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof and thereof under the Trust Indenture Act of 1939 or any similar federal statute hereafter in effect, and, . if they so determine, to add to this Indenture or any indenture supplemental hereto such other terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar federal statute, and which shall not adversely affect the interests of the holders of the Bonds; 369 106 (e) to authorize the issuance of an additional series of Bonds pursuant to and. in compliance with the provisions of Sections 3.04 and 3.03; or (f) to release from the lien of the trust estate any portion of the real property tlien subject to the lien of this Indenture, upon the exercise of any option to purchase set forth in any Facility Lease, when the Trustee shall have received payment of the option price so required to be paid pursuant to such Facility Lease and if the Trustee determines, based upon such certificates, if any, of engineers, appraisers, counsel or other consultants that the Trustee (in its sole discretion) may require, that such release will not materially uupair the trust estate or the security hereby- given or intended to be given for the pay- ment of the Bonds. Any supplemental indenture authorized by the provisions of this Section may be executed by the Corporation and the Trustee without the consent of the holders of any of the Bonds at the time outstanding, notwithstanding any of the provisions of Section 12.02, but the Trustee shall not be obligated to enter into any such supple- mental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. SECTION 12.02. 21- odification with Consent of Bondholders. With the consent (evidenced as provided in Section 14.06) of the holders of not less than sixty per cent (607o) in aggregate prin- cipal amount of the Bonds at the time outstanding, the Corpo- ration, when authorized by a resolution of its Board of Directors, and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any supplemental inden- ture; provided, however, that no such supplemental indenture shall (1) extend the fixed maturities of the Bonds or reduce the rate of interest thereon or extend the time of payment of interest, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the holder of each Bond so affected, or (2) reduce the aforesaid percentage of holders of Bonds whose consent is required for the execution of any 370 107 such supplemental indenture, or permit the creation of any lien on the trust estate prior to or on a parity with the lien of this Indenture (except as expressly permitted by Sections 3.04, 3.03 or 3.06) or deprive the holders of the Bonds of the lien created by this Indenture upon the trust estate, without the consent of the holders of all of the Bonds then outstanding. Upon receipt by the Trustee of a Certified Resolution authorizing the execution of any such supplemental inden- ture, and upon the filing with the Trustee-of evidence of the consent of Bondholders, as aforesaid, the Trustee shall join with the Cor- poration ill the execution of such supplemental indenture unless such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Trustee may in its distil-4-tion, but shall not he obligated to, enter into such supplemental indenture. It shall not be necessary for the consent of the Bondholders under this Section to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Corporation and the Trustee of any supplemental indenture pursuant to the provisions of this Section, the Corporation shall publish a notice, setting forth in general terms the substance of such supplemental indenture, at least once in n Financial Newspaper or Journal. Any failure of the Cor- poration to give such notice, or any defect therein, shall not, how- Over, i» ally way impair or affect the validity of any such supple- mental indenture. Szcriow 12.03. Effect of Supplemental Indenture. Upon the execution of any supplemental indenture pursuant to the provisions of this Article this Indenture ahall be and be deemed to be modified and amended in accordance therewith and the respective rights, duties and obligations under this Indenture of the Corporation, the Trustee and all holders of outstanding Bonds shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any such supplemental indenture shall be and be deemed to be part of the terms and conditions of this Indenture for any and all purposes. 371 108 SECTION 12.04. Opinion of Counsel as to Supplemental Inden- ture. Subject to the provisions of Section 11.01, the Trustee may receive an Opinion of Counsel as conclusive evidence that any sup- plemental indenture executed pursuant to the provisions of this Article complies with the requirements of this Article. Srx-Tiox 12.05. Notation of Modification, on Bonds; Prepara- tion of New Bonds. Bonds authenticated and delivered after the execution of any supplemental indenture pursuant to the provisions of this Article may bear a notation, in form approved by the Trustee, as to any matter provided for in such supplemental indenture, and if such supplemental indenture shall so provide, new Bonds, so modified as to conform, in the opinion of the Trustee and the Board of Directors of the Corporation, to any modification of this Inden- ture contained in any such supplemental indenture, may be pre- pared by the Corporation, authenticated by the Trustee and deliv- ered without cost to the holders of the Bonds then outstanding, upon surrender for cancellation of such Bonds with all unmatured coupons and all matured coupons not fully paid, in equal aggregate principal amounts. ARTICLE XIII DEFEASANCE SF(-riox 13.01. Discharge of Indenture. Tf the Corporation shall pay and discharge the entire indebtedness on all Bonds out- standing in any one or more of the following ways— (a) by well and truly paying or causing to be paid the principal of (including redemption premium, if any) and in- terest on all Bonds outstanding, as and when the same become due and payable; (b) by depositing with the Trustee, in trust, at or before maturity, money in the necessary amount to pay or redeem all Bonds outstanding; (c) by delivering to the Trustee, for cancellation by it, all Bonds outstanding, together with all unpaid coupons thereto belonging; and 372 - e 1©9 (d) by depositing with the Trustee, in trust, Federal Secu- rities in such amount as the Trustee shall determine will, to- gether with the income or increment to accrue thereon, be fully sufficient to pay and discharge the indebtedness on all Bonds at or before their respective maturity dates; and if the Corporation shall also pay or cause to be paid all other sums parable hereunder by the Corporation, then and in that case this Indenture shall cease, determine, and become null and void, and thereupon the Trustee shall, upon the Written Request of the Cor- poration, and upon receipt by the Trustee of a Certificate of the Corporation and an Opinion of Counsel, each stating that in the opinion of the signers all conditions precedent to the aati$faction and discharge of this Indenture have been complied with, including the requirements of Section 13.011 forthwith execute proper instru- ments acknowledging satisfaction of and discharging this Indenture. The satisfaction and discharge of this Indenture shall be without prejudice to the rights of the Trustee to charge and be reimbursed by the Corporation for any expenditures which it may thereafter incur in connection herewith. The Corporation may at anv tinxe surrender to the Trustee for cancellation by it any Bands previonsiv authenticated and delivered, together with all unpaid coupons thereto belonging, which the Cor- poration may hare acquired in any manner whatsoever, and such Bonds and coupons, upon surh surrender and cancellation, shall be d"m+ed to be paid and retired. Sic—no c M.M. I?ischar_Ir of L3a1444y on Banda and Cows. Ippon the deposit with the Trust", in trust, at or before maturity, of money or Federal Securities in the nary amount to pay or redeem outstanding Bonds (whether ulmn or prior to their maturity or the redemption date of such Banda), provided that if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption altall haxv been given as in Article A'111 provided or Pea vision satisfactory to the Trustee shall have been made for the giving of such notice, all liability of the Corporation in respect of such Bonds and the coupons appertaining thereto shall ease, determine and be completely discharged and the holders thereof shall thereafter be entitled only to payment -out of the money or Federal Securities 373 110 deposited with the Trustee as aforesaid for their payment, subject, however, to the provisions of Section 13.03. SEcrlox 13.03. Payment of Bonds acrd Coupons after Discharge of Indenture. Notwithstanding any provisions of this Indenture, any moneys deposited with the Trustee or any Paring Agent in trust for the payment of the principal of, or interest or premium on, any Bonds and remaining unclauned for six years after the principal of all the outstanding Bonds has become due and payable (whether at maturity or upon call for redemption or by declaration as provided in this Indenture) shall then be repaid to the Corporation upon its Written Request, and the holders of such Bonds and coupons shall thereafter be entitled to look only to the Corporation for payment thereof, and all liability of the Trustee or any Paying Agent with respect to such moneys shall thereupon cease; provided, however, that before the repayment of such moneys to the Corporation as aforesaid, the Trustee or Paring Agent, as the case may he, may (at the cost of the Corporation) first publish at least once in a Financial Newspaper or Journal, a notice, in such form as may be deemed appropriate by the Trustee or such Paying Agent, in respect of the Bonds or coupons so payable and not presented and in respect of the provisions relating to the repayinent to the Corporation of the iuoneys held for the payment thereof. In the event of the repay- ment of any such moneys to the Corporation as aforesaid, the holders of the Bonds and coupons in respect of which such moneys were deposited shall thereafter be deemed to he unsecured creditors of the Corporation for amounts equivalent to the respective amounts deposited for the payment of such Bonds and coupons and so repaid to the Corporation (without interest thereon). ARTICLE MIT MISCELLANEOUS SECTION14.01. Successors of Corporation. All the covenants. stipulations, Promises and agreements in this Indenture contained, by or on behalf of the Corporation, shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. Sm-nox 14.02. Limitation of Rights to Parties and Bondhold- ers. Nothing in this Indenture or in the ]Bonds or coupons expressed 374 III or implied is intended or shall be construed to give to any person other than the Corporation, the Trustee and the holders of the Bonds and coupons issued hereunder, any legal or equitable right, rem- edy or claim cinder or in respect of this Indenture or any covenant, condition or provision therein or herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Corporation, the Trustee and the holders of the Bonds and coupons issued hereunder. SEcTio- 14.03. Waiver of Notice. whenever in this Inden- ture the giving of notice by mail or otherwise is required, the giving of such notice may be waived in writing by the person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTIO\ 14.04. Destruction of Bonds and Coupons. Menever in this Indenture provision is made for the cancellation by the Trus- tee and the delivery to the Corporation of any Bonds or any cou- pons, the Trustee may, upon the Written Request of the Corpora- tion, in lieu of such cancellation and delivery, destroy such Bonds and coupons and deliver a certificate of such destruction to the Corporation. SEcriow 14.05. Severability of Invalid Provisions. In case any one or more of the provisions contained in this Indenture or in the Bonds or coupons shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Indenture, but this Indenture shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. SECTio` 14.06. Evidence of Rights of Bondholders. (a) Any request, consent or other instrument required by this Indenture to be signed and executed by Bondholders may be in any number of concurrent writings of substantially similar tenor and may be signed or executed by such Bondholders in person or by agent or agents duly appointed in writing. Proof of the execution of any such request, consent or other instrument or of a writing appointing 3'7 5- 112 any such agent, or of the holding b3 any person of Bonds transfer- able by delivery, shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee and of the Corpo- ration if made in the manner provided in this Section. (b) The fact and date of the execution by any person of any such request, consent or other instrument or writing may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer of any jurisdiction, authorized by the laws thereof to take acknowledgments of deeds, certifying that the person signing such request, consent or other instrument acknowledged to him the execution thereof. (c) The amount of Bonds transferable by delivery held by any person executing any such request, consent or other instrument or writing as a Bondholder, the distinguishing numbers of the Bonds held by such person, and the date of his holding the same, may be proved by a certificate executed by any trust company, bank, banker or otlier depositary (wherever situated), 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 such depositary, or exhibited to it, the Bonds therein described; or such facts may be proved by the certificate or affidavit of the person executing such request, consent or other instrument or writing as a Bondholder, if such certificate or affidavit shall be deemed by the Trustee to be sat- isfactory. The Trustee and the Corporation may conclusively assume that such ownership continues until written notice to the contrary is served upon the Trustee. The fact and the date of execution of any request, consent or other instrument and the amount and dis- tinguishing numbers of Bonds held by the person so executing such request, consent or other instrument may also be proved in any other manner which the Trustee may deem sufficient. The Trustee may nevertheless, in its discretion, require further proof in cases where it may dean further proof desirable. The ownership of registered Bonds shall be proved by the reg- ister egister of such Bonds. Any request, consent or vote of the holder of any Bond shall bind every future holder of the same Bond and the holder of every 376 113 Bond issued in exchange therefor or in lien thereof, in respect of anything done or suffered to be done by the Trustee or the Corpora- tion in pursuance of such request,consent or vote. (d) In determining whether the holders of the requisite aggre- gate principal amount of Bonds have concurred in any demand, re- quest, direction, consent or waiver under this Indenture, Bonds which are owned by the Corporation, or by any other obligor on the Bonds, or by any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the Corporation or any other obligor on the Bonds, shall be disregarded and deemed not to be outstanding for the purpose of any such determination, pro- vided, that, for the purpose of determining whether the Trustee shall be protected in relying on any such demand, request, direction, con- sent or waiver, only Bonds wliich the Trustee knows to be so owned shall be disregarded. Bonds so owned which have been Pledged in flood faith may be regarded as outstanding for the purposes of this subsection (d) if the pledgee shall establish to the satisfaction of the Trustee the pledgee's right to vote such Bonds and that the pledgee is not a person directly or indirectly controlling or controlled by or under direct or indirect common control with the Corporation or any other obligor on the Bonds. Tn case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. (e) Tn lieu of obtaining any demand, request, direction, consent or waiver in writing, the Trnstee inay call and hold a ineeting of the lion(Molders upon such notice and in accordance with such rules and regulations as the Trustee considers fair and reasonable for the purpose of obtaining any such action. fire-rrox 14.07. Article and Section Headings. The headings or titles of the several Articles and Sections hereof, and any table of contents appended to copies hereof, shall be solely for conveni- ence of reference and shall not affect the meaning, construction or effect of this Indenture. All references herein to "Articles", "Sections" and other sub- divisions are to the corresponding Articles, Sections or subdivisions of this Indenture; and the words "herein", "hereof", "hereunder" 377 114 and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof. SFcTio-v 14.08. Execution in Several Counterparts. This In- denture may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the Cor- poration and the Trustee shall preserve undestroyed, shall together constitute but one and the same instrument. 378 IN WITNESS WHEREOF, Contra Costa County Public Facilities Corporation has caused this Indenture to be signed in its corporate name by its President and its corporate seal to be hereunto affixed and attested by its Secretary, and Bank of America National Trust and Savings Association, in token of its acceptance of the trusts created hereunder, has caused this Indenture to be signed in its corporate name by one of its Trust Officers and its corporate seal to be hereunto affixed and attested by one of its Assistant Secretaries, all as of the day and year first above written. CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION President [ Corporate Seal ) Attest : Secretary BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION Trust Officer [ Corporate Seal ) Attest : Assistant Secretary 379 lls f t EXHIBIT A PARCEL ONE ( 630 Court Street, Martinez, California) All that certain real property situate in the State of California, County of Contra Costa, City of Martinez, described as follows : A portion of Block 329 of the Additional Survey of Town of Martinez, as per maps thereof on file in the office of the Recorder of the County of Contra Costa, described as follows: Commencing at the southeast corner of Block 329; thence northerly along the west line of Court Street 101 feet; thence westerly and parallel with the north line of Main Street 30 feet; thence southerly and parallel with the west line of Court Street 101 feet to the north line of Main Street; thence east along the north line of Main Street, 30 feet to the point of beginning. PARCELS TWO AND THREE (40 Muir Road, Martinez, California) All that certain real property situate in the State of California, County of Contra Costa, City of Martinez, described as follows : PARCEL TWO Parcel B, as shown on the Parcel Map filed May 27, 1982 , in Book 101 of Parcel Maps, Page 17, Contra Costa County Records . PARCEL THREE Easements reserved as an appurtenance to Parcel Two above, in the deed from Duffel Financial and Construction Company, a corporation, recorded May 27, 1982 , in Book 10793 , Page 874, Official Records, Contra Costa County, as follows: "Four non-exclusive easements for ingress and egress as an appurtenance to the grantors remaining land to the north described as follows: 116 380 A) A strip of land 22 feet in width, the centerline of which is described as follows: Beginning on the westerly line of Parcel One above distant North 29° 00' 00" East, 41 . 00 feet from the southwesterly corner thereof; thence from said point of beginning South 55° 17 ' 22" East, 32 . 66 feet; thence North 29° 00 ' 00" East, 70. 75 feet; thence South 610 00' 00" East, 204. 435 feet to a point hereinafter referred to as Point "A" ; thence continuing South 61° 00 ' 00" East, 57 . 865 feet to a point hereinafter referred to as Point "B" . B ) A strip of land 18 feet in width, the centerline of which is described as follows: Beginning at Point "A" referred to above; thence North 20° 28 ' 45" East, 119 . 74 feet to the southerly terminus of the line described as "South 20° 28 ' 45" West, 61 . 5 feet" in Parcel One above; thence continuing North 200 28 ' 45" East, along said line, 51 . 54 feet; thence North 29° 00' 00" East, 67 . 72 feet. EXCEPTING THEREFROM: That portion of the above described 18 feet in width strip lying outside the boundaries of Parcel One above. C) A strip of land 18 feet in width, the centerline of which is described as follows: Beginning at point "B" referred to above; thence North 200 28 ' 45" East, 101 . 62 feet to a point on the line described as "South 690 31 ' 15" East, 21 . 5 feet" in Parcel One above, distant thereon North 69° 31 ' 15" West, 9 . 00 feet from the easterly terminus thereof. D) A strip of land 22 feet in width the centerline of which is described as follows: Beginning on the line described as "North 29° 00' 00" East, 314. 32 feet" in Parcel One above distant thereon South 29° 00' 00" West, 39 . 00 feet from the northerly terminus thereof; thence from said point of beginning South 610 00' 00" East, 56. 5 feet; thence North 290 00' 00" East, 66. 66 feet; thence northeasterly along a tangent curve to the right, with a radius of 162 . 34 feet, through a central angle of 25° 03 ' 28" , an arc distance of 70 . 56 feet to a point on the line described as "South 35° 56 ' 32" East, 79.24 feet" in Parcel One above . " 2X; 3SI PARCEL POUR ( 297"" Willow Pass Road, Concord, California) All that certa;.n real property situate in the State of Ca 1 j f or ni a, CobA,n`y of Contra Costa, City of Concord, descr.hed as follows : Parcel A, as shown on the Parcel Map, filed April ", -1980, Book 85 , Parcel Maps, Page 34, Contra Costa Co-Un y Records . 382 118 State of California ) County of Contra Costa ) -- ss . On this _ day of in the year 1983 , before me, , a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally appeared J. Michael Bowhay, known to me to be the President, and Linton L. Emerson, Jr. , known to me to be the Secretary, of CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, one of the corporations that executed the within instrument, and known to me to be the persons who 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 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 ] 119 383 1 r State of California ) City and County of San Francisco ) -- ss. On this day of in the year 1983 , before me, a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally appeared , known to me to be a Trust Officer, and J. 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 ] 120 384 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March iS, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: RESOLUTION NO.83/412 SUBJECT: Request Construction of Wildcat-San Pablo Creeks Improvements under Federal 1983 Jobs Bill , North Richmond Area, W.O. 8186. 7505-6F8186 WHEREAS there have been nine separate occurrences of flooding from Wildcat-San Pablo Creeks during the past two years; and WHEREAS the community has expressed an overwhelming support for the project; and WHEREAS the Flood Control District has secured its funding for acquisition of the project rights-of-way and relocation of existing facilities in conflict with the project improvements; and WHEREAS the Public Works Director has reported that his staff can complete project plans and specifications for the proposed project by February 1, 1984 if the project is funded under the Federal 1983 Jobs Bili ; and WHEREAS the Public Works Director has recommended that the Flood Control District absorb the cost for preparing the plans and specifications if the project is funded for construction in 1984 under the Jobs Program NOW THEREFORE BE IT RESOLVED that this Board, as the Board of Supervisors of Contra Costa County and as the governing body of the Contra Costa County Flood Control and Water Conservation District, hereby REQUESTS Mr. William R. Gianelli , Assistant Secretary of Army, to favorably consider the Wildcat-San Pablo Creeks Project, Phase I as a Corps of Engineers civil improvement to be constructed under the 1983 Jobs Bill appropriation. 1 hereby certify that this is a true andcorreetoopy of an action taken and entered oe the minutes of the Board of Supervisors on the date shown. ATTESTED: .. K( a"` J, 116 0&S J.R. OLSSON9 COUNTY CLERK and ex iclo Clerk of the Board B . , D•puty Y Orig.Dept.: Public Works Department, Flood Control Planning cc: Congressman George Miller #4 Alvarado Square P. 0. Box 277 San Pablo, CA 94806 Lieutenant General J. K. Bratton, U. S. Army Chief of Engineering Washington, D.C. 20314 Colonel Arthur E. Williams District Engineer 650 Capital Mali Sacramento, CA 95814 County Administrator Public Works Director Flood Control Planning County Counsel 8 FC,WCSPRESOL3.15.T3 RESOLUTION 83/412 l. " File: 00048301/6.4. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 15, 1983 , by the following vote: AYES: Supervisors Powers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: Approving Plans and Specifications for New Carpet at Antioch and San Ramon Valley Libraries, Antioch and Danville Areas Project No. 0113-4144; 0928-WH144B (Antioch) 0113-4143; 0928-WH143B (San Ramon) RESOLUTION N0. 83/413 WHEREAS Plans and Specifications for New Carpet at Antioch and San Ramon Valley Libraries have been filed with the Board this day by the Public Works Director; and WHEREAS Plans and Specifications were prepared by the Public Works Department; and WHEREAS the Architect ' s cost estimate for the initial construction contract is $52,000.00, base bid; and WHEREAS the general prevailing rates of wages, which shall be the minimum rates paid on this project, have been approved by this Board; and WHEREAS the Board hereby finds that the project is exempt from Environmental Impact Report requirements as a Class la Categorical Exemption under County Guidelines and directs the Public Works Director to file a Notice of Exemption with the County Clerk ; IT IS BY THE BOARD RESOLVED that said Plans and Specifications are hereby APPROVED. Bids for this work will be received on April 14 , 1983 at 2 :00 p.m. , and the Clerk f this 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 hereby rectify that this Is a tno and correct copy of an action taken and entered on the minutes of the Board of Supe:vison the date shoam. ZATTESTE©: � J.A. OLSSON, COUNTY CLERK andex lelo Clerk of !ho Board By . Deputy Orig. Dept.: Public Works Dept. - Archectural Div. cc: Public Works Department Architectural Division P. W. Accounting Director of Planning Auditor-Controller County Library (Main Branch) 386 RESOLUTION N0. 83/413 V THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on `arch 15 , 1983 , by the following vote: AYES: 5�unervi cors Powers , Fanden , �;cPeal- , Torlakson , Schroder . NOES: None . ABSENT: None . RESOLUTION NO . 83/414 SUBJECT: AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND EACH PARTICIPATING CITY WI 'HIN THE COUNTY W HER EAS, there is a shortage in the County of Contra Costa (the "County") of decent, safe and sanitary housing, particularly of housing affordable by persons in the lower end of the purchasing spectrum, and a consequent need to encourage the construction of homes affordable by such persons and otherwise to increase the housing supply in the County for such persons; and WHEREAS, the Board of Supervisors of the County has adopted an ordinance declaring its intent to engage in a home mortgage finance program (the "Program") pursuant to Chapters 1 -5 of Part S of Division 31 of the Health and Safety Code of the State of California (the "Act") and to issue bonds pursuant to the Act to provide funds for the Program; and WHEREAS, pursuant to the Act a county and one or more cities within such county may enter into an agreement to cooperate with one another in the exercise of any or all of their powers for the purpose of financing home mortgages with respect to property within the boundaries of such entities; and WHEREAS, the Board of Supervisors of the County finds and determines it is in the best interest of the County to enter into a cooperative agreement with each of the cities within the County which desire to cooperate with the County in the exercise jointly of their powers for the purpose of financing home mortgages pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. The Program shall be operated by the County anywhere within the unincorporated areas of the County and within the geographical boundaries of any city within the County which consents to such operation collectively the "Cities") and which enters into a cooperative agreement (the "Agreement") with the County in substantially the form submitted to this meeting as required by the Act. Section 2. The Agreement to be entered into between the County and each of the Cities in substantially the form submitted to this meeting are hereby approved, and the Chairman of the Board of Supervisors and the Director of Planning is hereby authorized and directed to execute and deliver said Agreements, for and in the name and on behalf of the County, and to approve any additions to or changes in the form of said Agreements submitted to this meeting which they deem necessary or advisable, their approval of such additions or changes to be conclusively evidenced by their execution of said Agreements as so added to or changed. The Chairman of the Board of Supervisors and the Director of Planning is further authorized to enter into such additional agreements with the Cities, .execute such other documents or take such other actions as may be deemed necessary or appropriate to carry out the purpose and intent of the Agreements or to cooperate in the implementation of the Program. 3. This Resolution shall take effect from and after its adoption. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutos of the Orig. Dept.: Planning Board of Sc on on the date;,gown. cc: Planning Director ATTESTED: County Administrator Auditor-Controller J.R. OLSSO , COUNTY CLERK Treasurer-Tax Collector and ex officio Clerk of the Board County Counsel 387 By Deputy REVOLUTION NO . 83/414 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA March 15 , 1983 b the following vote: Adopted this Order on y g AYES: Supervisors Powers , Fanden, McPeak, Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: In the clatter of ) Amendment of the Board's Resolution ) Number 8 3/14 4 Relating to ) 83/415 Cancellation of Taxes on the Secured) RESOLUTION N0. Roll in Code Area 6 0 0 7 Parcel ) 401-161 -009 -6 ) Upon application of the County Auditor for amendment of the Board's orde relating to cancellation of tax lien on the 1980-81 Secured roll, the Eoard of Supervisors finds as follows: 1. The Boardts Resolution number 83/144 where tax lien on parcel 101-161-009-6 , tax rate area 6007 , was incorrect in that clerical error of the Auditor caused an incorrect amount of taxes to be cancelled. 2. The amount transferred should have been -0- and the amount cancelled .should have been 1,356.50 N(Xis THEREFORE- ,, pursuant to Section 4832 of the Revenue and Taxation Codep . it is by the Board ordered that the amount transferred be corrected from 1,356.50 to -0- and the amount cancelled to be corrected from -0- to 1,356.50 . I hereby request the above action: I hereby -consent to the above amendment: DONALD BOUCHET, AUDITOR-CONTROLLER JOHN B USEN, COUNTY COUNSEL ByDeputy B , Deputy U JIA-aae5k Adopted by the Board this15th date of arch 19 83 thereby certify that this is a true and c~copy of an action taken and entered on the tfainutes of the Board of Supervisors on the date shown. ATTESTED: J.R. OLSSON, COUNTY CLERK and ea officio Clerk of the Board Orig. Dept.: 9y , Deputy cc: County Auditor County Tax Collector (2) RESOLUTION N0. 83/415 388 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTYj CA FQ HIA Adopted this Order on . by the following vote., AYES: Supervisors Pourers , Fanden , McPeak , Torlakson and Schroder NOES: ABSENT: ABSTAIN: SUBJECT: In the ::atter of � } Avpepniment of the Bb's Resolution � N=bear 83AU RelaV-nc to 3 80 } Cance3letio:� o. Takes on the Secured R SQL IO;; 110. $3/426 Roll in Code Area 6007 Parcel. L-M-161- -6 } } 'ac n application of the Cwunty Audlt.or for am- nd;jent of the Board's order rclati;ng to cancellation of taut lien on the 1973-84 Se►euz%d x'611; :thea �rd of Stzoervisors t'�s as f6lloaw-s; 1. The Board's Resolution number 83Ahh where tax lied on parcel 401..161.009.6 , tart rate area 6007 .. was incorrect in that clerical error of the Auditor caused an incorrect amount of taxes to be cancelled. 2. The a o=t transferred should have been -O- and the a-count caic+ened .should have been 19254.64 T17.2.F3R::, pursuant to Section L832 of the Revenue and Taxation Code,, it is by the Board ordered that the amount transferred be corrected from 1j,25664 ' to ..p,. and the amount cancelled to be corrected .tram -O- to 1$25L.64 • I hereby request the above action; I hereby consent to the above amendment: DO3iALD BO'JCIM, AUDTTM-11TROLLER JOHN B. USEN, COUIM COMISEL By Deputy By , Deputy Adopted by the Board this 15th date of //c , 83 t hsnby arm thatthlsb @I of an action taken and entered an 9W MNWW of 00 Board of su on dw dam dw wo. ATTESTED. J.R. oLS' ON, COUNTY CLERK and ex oittaio cksk of dw,Dosed by—M air Orig. Dept.: cc: County Auditor- County Tax Collector (2) RESOLUTION NO. 83/416 t 389 a 1 16 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Assessment Roll Changes RESOLUTION N0. '63 11417 The Contra Costa County Board of Supervisors RESOLVES THAT: • As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, s�=,bols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked math this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s ) as indicated. Requested by Assessor By PASSED ON VAR 15 19U 30Sut , Assiszant Assessor unanimously by the Supervisors • present. t;'hen re u* id by law, crosented to by �ounty Couns 1 By Page 1 of 4 Deeput Mi al a I hereby certtty that thk[3a t wand correct copy of Auditor all Schon taka.-. -.fi :c •�,.x, _:: �c 'mutes of tho pi s. •' Assessor Board of Supetseir,n or, she tiotc;;,ow;,• Tax Collector ATTESTED: S-CO228-1 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of the Board By Deputy A 4042 12/80 RESOLUTION NUMBER 330 ASSESSOR'S OFFICE r'1)RRF"JT 0101 L CHANGES (FOIIAI IZE0 POI L LAST SUBMITTED AY AUDITOP10N• It rt Ur)INn [;CAf't7S%WHICH CAPPY NFITt1E11 PENALTIFS NnR INTEREST SECURED TAX DATA CHANGE Q T`inn rint I rf4ANrlFs INCt IIDING CIIRRFNT YEAR FrjrAPF9 WHICH 110 CARRY iN- II rT BATCH DATE AMITnR E DATA FIELDS M U E ____ EXEMPTIONS E PARCEL NUMBER F M I EAVE RI/INK UNI r,;,"F �S� AUDITOR'S MESSAGE AUDITOR F E TOTAI. nln A V NfV/I AIJn A V NEW%►APR A V PEH',' NAI PNfit' A ✓ T1URF A rHA1JGf. CORK M 1 N NET OF mrl un!". G x T FYEMPTInNS p"I 1v AMOUNT 'Y AMnIINT E IF AV r0: AV a 010-210-007-0 61624 499419 0 0 ASSESSFE'S TRA 58004 110)1.1 YFpy,-�� R A, T SECTION 531 M ASSESSOR'S DATA NAME Tony b Eva Bernal O 205-070-007-5 1 27,963 722196332,627 0 0 ASSESSEE'S TRA ROLL YE R b T SECTION Z ASSESSOR'S DATA NAME Ronald L. & Ruth Ann Ferry 66008 ft-83 531 c In m 367-160-018-1 458,500 520,000 0 0 M tASSESSEE'S T 11 YEART SECTION ASSESSOR'S DATA NAME Robert Gertz, Dead Horse Investmen Uroup 76 d& 82 � 5319 4985 , LL 218-791-021-7 1 12,699 1 129699 459500 0 I ASSESSEE'S TR" 66129 RnI 1. YE _83 R 8 T SF.CTI)N 531 ASSESSOR'S DATA NAME Citation Homes Z3L 218-791-024-1 12,699 12,699 27,200 0 ASSESSEE'S TRA 66129 ROLL YFQ(�_83 R 6 T SECTION 531 ASSESSOR'S DATA NAME Citation Homes {{�s[[ a 218-791-025-8 1 12,699 1 129699 349600 0 M ASSESSEE'S TRA ROLLYER 6 ASSESSOR'S DATA NAME Citation Homes 66129 -83 T SECTION 531 END OF .ORRECTIONJ ON THIS AGE O ASSESSEE'S TRA ROLL YEAR R 8 T SECTION m ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL YEAR R 8 T SECTION ASSESSOR'S DATA L NAME O AR4489(7/22/82) ,ASSESSOR FILLS IN DATA FOR THESE ITEMS- , APPRAISER _..r DATE �v ? S —G PRINCIPAL APPRAISER ASSESSOR'S OFFICE CURRFI.IT ROLL. CHANGES (FOIJALIZED ROLL. LAST SUBMITTED BY A01DITORI'IN- XJ CLUDING ESCA�FS WHICH CARRY NEITHER PENALTIES NOR INTEREST SECURED TAX DATA CHANGE TFRF$T IAnn PFNANGES INCI(DING CURRENT YEAR ESCAPF� WHICH CARRY IN-. BATCH DATE AUDITOR E DATA FIELDS M U E EXEMPTIONS S AUDITOR PARCEL NUMBER F M LEAVE BLANK UNI.ESS S AUDITOR'S MESSAGE FE TOTAL OLD A V NFW LAND A V NEW IMPR AV PERSONAL PF OP A V THERE :S A CHANGE A I CORR a I N NET OF INCLUDFS G X -� EXEMPTIONS PSI 1� AMOUNT Y AMOUNT E F AV F AV 218-791-026-6 12,699 122699 369100 0 ASSESSEE'S 1 RA 11OL I. YEAR R 8 T SECTION M ASSESSOR'S DATA NAME Citation Homes 66129 82-83 531 0 r 218-791-027-4 12,699 12,699 24,700 0 0 ASSESSEE'S TRA ROLL YEAR R b T SECTION Z AssEssoR's DATA NAME Citation Homes 66129 k 82-83 531 c M 218-791-029-0 12,699 12,699 1349600 0 ASSESSEE'S TRA ROI.I. YEAR R R T SECTION ASSESSOR'S DATA NAME Citation Homes 66129 82-83 531 218-791-031-6 129699 1129699 1279200 0 ASSESSEE'S TRA ROLL YEAR R 8 T SECTION ASSESSOR'S DATA 61 NAME John R. Mayer 66129 82-83 531 I 368-131-004-5 1 539035 409000 1469505 10' ASSESSEE'S TRA ROL L YEAP R 8 T SECTION ASSESSOR'S DATA NAME Mr. Craig Johnke 62027 L 82-83 5319 4985 D3800 1 T -080-002-5 30 964 26 900 38 100 0 M ASSESSEE'S TRA ROLL YEARR b T SECTION ASSESSOR'S DATA NAME IlkMarjorie Ni cho 1 son 76049 82-83 531, 4985 �v END OF 4RRECTIONSfON THIS PGE ASSESSEE'S TRA ROLL YEAR R 6 T SECTION ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL YEAR B 8 T SECTION ASSESSOR'S DATA NAME AR4489(7/22/82) ,ASSESSOR FILLS IN DATA FOR THESE ITEMS: SUPERVISING APPRAISER DATE IIL ccPRINCIPAL APPRAISER ASSESSOR'S OFFICE C€JPPFtJT POLL CHANGES tF.OUALIZED POLL tAST SUBMITTED BY AttDITORI :N• rL MING ErCAPFS WHICH CARRY NEITHER PENALTIES NOR INTERF. T SECURED TAX DATA CHANGE Q PRIOn LI CHANGES INC)UDING CURRFNT YEAR ESCA€SFS WHIrH DO CARRY IN-. TERRY C7 BATCH DATE AUDITOR E DATA FIELDS M S L EXEMPTIONS E S , PARCEL NUMBER F M LEAVE RI ANx €11`11 FSs S AUDITOR'S MESSAGE AUDITOn F E TOTAL OLD A V NFW LAND A V NEW I€APP AV PER,t•1`1A1 PPOP A V THFTiF :S A CHANGE A CORR • ( N NFT OF iPtCLtiDF: G X T EYFMPTIONS t'St Ty AMOt INT w AMOUNT E 1F AV €F A V it 183-141-007-9 1 1.605000 631351 53,576 0 ASSESSEE'S rRA € of t VFAR n A T ,ECTION m ASSESSOR'S DATA NAME 82-83 4831.5, 4985 m 0 183-201-007-6 112,616 132,851 150,,508 0 Z ASSESSEE'S TRA R01 I YEAR R A T SECTION Z ASSESSOR'S DATA NAME 82-83 4831.5, 4985 c K ca 401-020-012-1 50,465 14,348 122,080 0 ASSESSEE'S TRA ROLL. YEARR A T SECT€DN I ASSESSOR'S DATA NAME 82-83 4831, 4985 E I ASSESSEE'S � TRA not L YEAR JT A T SFCT€CN 1 ASSESSOR'S DATA NAME — ASSESSEE'S TRA ROLL YFAP n A T SECTION ASSESSOR'S DATA NAME v D m ASS SEE'S TRA Rot L YEAR R& T SECTION ASSESSOR'S DATA NAME END OF JORRECTIONSION THIS PGE ASSESSEE'S TRA ROLL YEAR R&T SECTION ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL YEAR R&T SECTION ASSESSOR'S DATA NAME aRaaes t7/22/e21 SUPERVISING APPRAISER __._.� DATE ASSESSOR FILLS IN DATA FOR THESE ITEMS: � PRINCIPAL APPRAISER •_ I BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessment Roll Changes ) RESOLUTION NO. The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County assessor and , when necessary, consented to by the County Counsel (see signature(s) below) , and pursuant to the provisions of the California Revenue and Taxation Code referred to below, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back thereof, which are hereby incorporated herein) , and including continuation sheet(s) attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the below-indicated addition of escape assessment, correction, and/or cancel- lation of erroneous assessment, on the secured assessment roll for the fiscal year 19 82 19 B3 Parcel Number Tax Original Corrected Amount For the and/or Rate Type of of R&T Year Account No. Area Property Value Value Change Section 82-83 549-032-020-6 08001 Land 72723 531, 483 Imps 309908 P.P. 0 Mary L. Williams 350 S. 24th St. Richmond, CA 94804 Assessee name correction I hereby certify that this is a true and corroctCOPY of an action :a:cen and entered on iho rninutas of the Bc: d of Su;*ryiscrs orl the date shown. A 1;=_STED: ft, j�d_ -, IS, Igg3 J.R. OLcSON, CG:YI'fY CLERK Lnd cx ofitc:c Cleat of the Beard ey ------ Ne` ' i-I . Deputy MAR 1 51983 Copies to: Requested by Assessor PASSED ON unanimous y by the Supervisors Auditor present. Assessor By kz Tax Coll . vjoe# .)uta, s�sistant -Assessor 1 When requi W by law, consented Page 1 of to by th C unty Couns S-NV030T=7"' Res. By Deputy r' Chief, Affluation 3 4g BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessment Roll Changes ) RESOLUTION NO. 'nAll The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s) below) , and pursuant to the provisions of the California Revenue and Taxation Code referred to below, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back thereof, which are hereby incorporated herein) , and including continuation sheet(s) attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the below-indicated addition of escape assessment, correction, and/or cancel- lation of erroneous assessment, on the secured assessment roll for the fiscal year 19 82 19 �3 Parcel Number Tax Oriqinal Corrected Amount For the and/or Rate Type of of R&T Year Account No. Area Property Value Value Change Section 80-81 549-032-020-6 08001 Land 79424 5319 48- Imps 29,708 P.P. 0 Mary L. Williams 350 S. 24th St. Richmond, CA 94804 Assessee name correction I hereby certify that this is a true and correct copy of ar. action :sNer. and entered on the minutes of the Board of Supeivisorc n the data shown. AT T FESTED: j.R. OLSSON, COUNTY CLERK and ex 1cbo Clerk of fhe Board By p� , Deputy Copies to: Requested by Assessor PASSED ON MAR 151983 unanimously by the Supervisors Auditor present. Assessor By w4 -dam Tax Coll . 00e Sdta, Assistant Ts'sessor 1 When req ed by law, consented Page 1 of to by a County Co 4 u 1 S-NV0307-= At Res. Depu Chief, aluation 33 � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessrvntf. RolI Changes RESOLUTION NO. S3 q2o The -Contra Cost 4ou':t1tt Board of Supervisors RESOLVES THAT: As rKuested. ty the County Assessor and , when necessary, consented to by the Covnt.v Counsel (see signature(s) below) . and pursuant to the provisions of the California Revenue and Taxation Code referred to below, (as explained by the tables of sections , sr €s and abbreviations attached hereto or printed on the back thereof, w:hic-•: are hereby incorNlrated herein) . and including continuation sheet(s) attached hereto ark rmrked with this resolution nurber. the County Auditor is hereby ordered to trake the below- indicated addition: of escape assessment, correction, and/or cancel- lation of erroneous Ssess nt , on the secured assessment roll for the fiscal year 19 & 19 Y Parcel h-jr-,ter Tax Orivinal Corrected Amount For the and.'or Rate Type of of R&T Year Ai- No. .Area Property Value Value Change Section "- =2` y n and 71,572 5315 483 Irps 30,302 P.P. 0 Mary L . Williams 350 S. 24th St. Richmond, CA 9504 Assessee name correction I hereby cc-lily Hhat thta is a true and correct copy of n -_lion taktn znJ ontercd on the minu!es of the Cc,-1 of Supervscri on the date shown. 1.1.2. 011-1.,12,0N. COIJNTY CLERK of-*-'- C►erk of tno Board Y epuly MAK 151983 Copies to: Requested by Assessor PASSED ON unanimously by the Supervisors Auditor present. Assessor /Zle i Tax Coll . a a, ssis an ssessor 1 When r ired by law, consented Pag _NvB _ to by a County Co sel Res. # B ep Z,-j�VL,0� .j i ChiV% Valuation i 396 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessment Roil Changes ) RESOLUTION NO. $ zl The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County Assessor and , when necessary, consented to by the County Counsel (see signature(s) below) , and pursuant to the provisions of the California Revenue and Taxation Code referred to below, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back thereof, which are hereby incorporated herein) , and including continuation sheet(s) attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the below-indicated addition of escape assessment, correction, and/or cancel- lation of erroneous assessment, on the secured assessment roll for the fiscal year 19 82 19 83 Parcel Number Tax Original Corrected Amount For the and/or Rate Type of of R&T Year Account No. Area Property Value Value Change Section 79-80 459-032-020-6 08001 Land 71,280 5312 48-3- Imps 8=Imps 299128 P.P. 0 Mary L. Williams 350 S. 24th St. Richmond, CA 94804 Assessee name correction I hereby certify tha!this is a tete and correct copy of an action tak tm.. and e:.;ered on the minutes of the Board of SL!pc,yitoMt-- tho date shown. p� ATTESTED: f S , JA. OLSSON, COUK-TY CLERK and ex cio Clerk of the Board By Deputy MAR 15 1983 Copies to: Requested by Assessor PASSED ON unanimously by the Supervisors Auditor ,' , - present. Assessor Tax Coll . JqLy Sula, Assistant ssessor 1 When re red by law, consented Paae 1 of to by h County Co 1 "S-NV0307Z- Res. # �, B eP y/ ' Chief, Valuation ` . 397 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessment Roll Changes RESOLUTION NO. The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County Assessor and, when necessary,, consented to by the County Counsel (see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number., the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s) as indicated. Requested by Assessor By W- "Z�� ' PASSED ON MAR 1 51983 joe(/Suta I Assistant Assessor unanimously by the Supervisors Present. When re 'red by law., consented to by y County Counsel Page 1 of 2 De put pz�llelll�--ao) W, Va.—lu-Xi�'on cc— fs Z=rroct copy of -actloc. !,*—.- .- din'%2red or. !.No minutes of the pies:s Auditor EA�ard of Sua;w-v!r.n.-a or, the dette shown. Assessor #- "TESTE': I&CK-JS Tax Collector S-00307-1 06-%r -.0 COW asna l ..Puty U A 4042 12/80 RESOLUTION NUMBER 398 ASSESSOR'S OFFICE CURRENT ROLL CHANGES (EQUALIZED ROLL LAST SUBMITTED BY AUDITOR) IN- CLUDING ESCAPES WHICH CARRY NEITHER PENALTIES NOR INTEREST SECURED TAX DATA CHANGE PRIOR ROLL CHANGES INCLUDING CURRFNT YEAR ESCAPES WHICH OO CARRY IN• TFRF:ST OR PENALTIES BATCH DATE AUDITOR E DATA FIELDS M S U E EXEMPTIONS E S PARCEL NUMBER F M LEAVE BLANK UNLESS 9 AUDITOR'S MESSAGE AUDITOR F E TOTAL OLD A V NFW LAND A V NEW IMPR AV PFJiSnIdAL PROP A V THERE ;^.A CHANGE CORR to I N NET OF INCLIlOFR G X T EXEMPTIONS PSI y AMOUNT y AMOUNT E F AV E AV M 431-213-002-6 1101,420 259680 711p161 0 ASSESSEE'S TRA ROI L YEAR R 8 T SECTION m ASSESSOR'S DATA NAME 82-83 4831, 4985 cn 0 9 1 505-282-013-0 1439500 1219390 1629968 0 ASSESSEE'S TRA ROLL YEAR R 8 T SECTION Z ASSESSOR'S DATA NAME 82-83 4831.59 4985 = c m ASSESSEE'S i fRA ROLL YEAR R 6 T SECTION ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL YEAR RJS T SECTION ASSESSOR'S DATA NAME ASSE E'S TRA ROLL YEAR R J3 T SECTION ASSESSOR'S DATA AME m ASSESSEE'S TRA ROLL YEAR R 8 T SECTION ASSESSOR'S DATA kL NAME hill END OF dORRECTIONSION THIS P GE ASSESSEE'S TRA ROLL YEAR R J1 T SECTION o ASSESSOR'S DATA NAME X� ASSESSEE'S TRA ROLL YEAR R 6 T SECTION ASSESSOR'S DATA L NAME 2 w AR4489(7/22/82) ,ASSESSOR FILLS IN DATA FOR THESE ITEMS: SUPERVISING APPRAISER DATE 1� PRINCIPAL APPRAISER S_ .: �''. I '. '' ,� ,';� �: ti: '. - ,� . - -' � �. , , .. ., `.,'. ...�. t }. ASSESSOR'S OFFICE CS.'nmc•tT Pr,'U CHAVCiES 'EQUALIZED pQLL LAST SUBMITTED BY AI m-On, !N s L:t^'•+<,c:C�=cS V,-wr.4 f_Aanr r,EIT"EQ PEr4ALTIFS N^n .-LTEPFST SECUREDTAX DATA CHANGE Pa,_n .11,i_t Cr4ANi;E7, •fir +'t,+., CL!PPFNT YEAP ESCAPFr, r,'lCAPnY IN. BATCH DATE E DATA FIELDS M S L EXEMPTIONS E S PARCEL NUMBER F E fA1,1E r!ANK I [`' S AUQlToa F F TOTAL MO A V 04F N I A,1 A V WY.''��r r A V tq I '';•IA. r.7"r .� 'usaF A rrlA•.t•7F � AUDITOR'S MESSAGE I x T E.FArrrl,-a•. wra a:rs` A+. ,.;.st E I 431-213-002-6 ( 101,420 25,680 71,161 �LO rfAq n A F, tln+r ASSESSOR'S DATA ►LAr,4F 82-83 4831, 4985 [mt�� O r 505-282-013-0 143,500 21,390 t62,968 0 -1 -A ASSESSEE 5 ''nA „;L rrAa tI A t r ',TirIN Z ASSESSOR'S DATA NAMF 82-83 4831 .59 4985 m h55FSr,FF•;S __._.__.._..._..__ ._.._..�.____.�.. _.._,.. _...__.._._...___._ .tiA`_..__.......�. _14-�,, ; r!An It A t ASSESSOR'S DATA NAME AiSf_`.',Sf:F'S _._....r.,___._...,....-._._� rnAn„I s r1 An n ti t •,I r tlrwra�.� ASSESSOR'S DATA NAME hiSE F S TriA _� ...•_ .. _.`+,'1 i vt All ASSESSOR'S DATA Ak4r v m ASSESSEE'S _ _ TAA pOLt YrAa p A T SECTION ASSESSOR'S DATA NAME END OF RRECTIONS ON THIS PCE ASSESSEE'S TpA not L, VFAA p a T SECTION o ASSESSOR'S DATA NAME ASSESSEE'S TPA Pot YEAR p s T SECTION ASSESSOR'S DATA NAME SUPERVISING APPRAISER _ �[_ DATE Ap11891T/2?i821 ,ASSESSOR FILLS IN DATA FOR THESE ITEMS �� PRINCIPAL APPRAISER s ' • 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Assessment Roll Changes RESOLUTION NO. CIL-, �-� The Contra Costa County Board of Supervisors RESOLVES THAT: • As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s) as indicated. Requested by Assessor / MAR 151983 By �1G- PASSED ON jo uta, Assistant Assessor unanimously by the Supervisors Tr • present. When4req ed by law, consented to bCounty Co 1 By • put y Page 1 of 3 1 e f, Va 1 u o n 1 hereby certify tha:this is a true and correct copy of On action ta:cen P-ld ca: :o ad on the minutes of the fes: Auditor Board of Supervi707 the date shown. Assessor ATTESTED (S 3 Tax Collector S-P0304-1 J•-I• OLSSrON. COUNTYCLERK and ex 'icio Cleric of the Board By t '1 , Deputy C A 4042 12/80 RESOLUTION MIBER 4 400 ASSESSOWS OFFICE ctaAat5 (GuAt17f0 al l t Apt Ri►8VITrU) pv AUDItCfRI IN. • fir-AK%W"rf+CAt"O WfTljfp at'fiAtjfrfS Nnn INTfhFAT SECURED TAX DATA CHANGE 41041,f*10,i k r-wf.A«gpC+rW1?1110#n ftmM«N, Yr,#N FK1'AtFfR VPNM N nn r,ARRj IN. if -#t%I {.p t-Oa ills BATCH OAT[. ION ()ATA f EFiCV; m E XE PT 10NS � PARCEL NUMBER M �• _ .� I If AW ax.A►rr 'Al of# AUDITOR'S MESSAGE i Auction E� F tntA# ew1 fl F`s .A'ail+1 too?*.g eor w�N," A-f f"FA� >Petr �x�,.t_ A': low 14 R f"'OfAmpriar t A A 188-460-011-3 20.909 14s,750 A t!3Ex' r 04 t �aE C T tM1 ASSESSOR'S DATA NAW 188-460-011w 85 me A.t��!���'� tit '���:a ��r► p*t *i�rry ASSESSOR'S DATA 4985 A!il3E�Sti�E"� +Naw r.+•a�, m►Ta,l� 14�1 t., a»�Mr ASSESSOR'S DATA NAk* e A.SSEz&iEE`S t •w;«„ .Tags a ; ¢err+ter ASSESSOR'S DATA NAGE AS8EzSSEE'S etui � Laic rNa�► +�� t alr .t ASSESSOR'S DATA NAAA Al�SE8SE nn ASSESSOR'S DATA NAME V END OF IRECTIONSION THIS P E A$SEBSEITE£'$ T1AA "ILIL VJAAa T E<ECTegN' AMNOWS DATA NAME W ASUSE3lPtE S TAA AOtI q T lfiCtKNI ASSESSO"DATA NAMES �i Awu11►tT'3g'i�?1A S R FILLS IN DATA FOR THESE ITEMS' SUPERVISING APPRAISER � �... DATE, L ,► SSES O � r 0 30c/- PRINCIPAL 0c/-PRINCIPAL APPRAISER .. . ASSESSOR'S OFFICE CURRENT ROl t CHANGES IFOUALITFD ROLL 1 AST SUBMITTED RY Al101TOR1 IN- �4 *. Cl UDI►lr, ESCAPF.S WHICH CARRY NEITHER PENALTIFS NOR INTEREST SECURED TAX DATA CHANGE a joi,tIIANriES INCLUGDINCURRENT YEAR FSCAPFS WHIC;FI OC,CAaRY IN• T[RESTP BATCH DATE AurnrOn E DATA FIELDS M U E EXEMPTIONS S PARCEL NUMBER F M l FnvF Bt nNlc UNI Ess S AUDITOR'S MESSAGE AUDITOR F E TOTAI Ot D AV NFW I AND A V NEW IMPR AV PFRSCINAI PROP A V THFRF. fS A CHANGIF A CORR M 1 N NET OF INr,1 1IOE; G x T FXFMPTION, PCI v AMot INT v AMOUNT E F AV F AV ti 188-460-011-3 879013 615383 0 0 ASSESSEE'S TRA POI I Y&AllR d T SECTION m ASSESSOR'S D A NAME 8[ 83 4831.50 4985 m rn O E I r Ilk Z ASSESSEE'S TRA ROLL YEAR R d T SECTION Z ASSESSOR'S DATA NAME c m ASSESSE TRA ROI 1. YEAR R d T SECTION ASSESSOR'S DATA NAME ASSESSEE'S TRA ROt.I. YEAR R d T SECTION ASSESSOR'S DATA NAME ASSESSEE'S TRA ROt l YEAR R d T SECTION ASSESSOR'S DATA NAME G) m ASSESSEE'S A ROLL YEAR R d T SECTION ASSESSOR'S DATA NAME END OFC RRECTIONS ON THIS P GE ASSESSEE'S TRA ROLL YEAR R d T SECTION ASSESSOR'S DATA NAME W ASSESSEE'S TRA ROLL YEAR R 8 T SECTION ASSESSOR'S DATA L NAME r Y ~ G 13 'Aa44e9t7n2re2l ,ASSESSOR FILLS IN DATA FOR THESE ITEMS SUPERVISING APPRAISER b DATE IL 2-S- c D3U c/_F+�► PRINCIPAL APPRAISER Q BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessment Roll Changes ) RESOLUTION NO. The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s) below) , and pursuant to the provisions of the California Revenue and Taxation Code referred to below, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back thereof, which are hereby incorporated herein) , and including continuation sheet(s) attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the below-indicated addition of escape assessment, correction, and/or cancel- lation of erroneous assessment, on the secured assessment roll for the fiscal year 19 82 - 1%3 Parcel Number Tax Original Corrected Amount For the and/or Rate Type of of R&T Year Account No. Area Property Value Value Change Section 82-83 701-216-056-5 Land 0 48319 4985 Imps 0 P.P. 0 delete pcl . cancel assessment & penalties I hereby certify that this is a tm-a cnd corrQct copy of cn e::Icr, takon . er.:ered c: the minctu of the Bay; LL on .he date shovin. ATTL��; . : 13y . Deputy S-NV0307-3 Z7 f, Valuation MAR 1 ;4A� Copies to: Requested by Assessor PASSED ON unanimously by the Supervisors Auditor � Present Assessor By %=.� Tax Coll . J6d Suta, Assistant Assessor Page i of 1 When re `fired by law, consented to by County C el Res. epu 403 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessment Roll Changes ) RESOLUTION NO. The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s) below) , and pursuant to the provisions of the California Revenue and Taxation Code referred to below, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back thereof, which are hereby incorporated herein) , and including continuation sheet(s) attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the below-indicated addition of escape assessment, correction, and/or cancel- lation of erroneous assessment, on the secured assessment roll for the fiscal year 1982 - 1983 Parcel Number Tax Original Corrected Amount For the and/or Rate Type of of R&T Year Account No. Area Property Value Value Change Section 82-83 705-105-001-6 53017 Land 0 5319 4985 Imps 8,262 P.P. 0 Argie R. & Betty L. Hickey Rt. 1 Box 510 Antioch, CA 94509 Add parcel and assessment I hereby certit;►'.hat this is a true and correct copy of an action taker and cr.:ored on the minutes of the Board of Suparvisora on the date shown. AP ATTESTED: «C \ (S'j ' �J J.R. OLSSON, COUNTY CLERK and a f'iclo Clerk of the Board By , Deputy S-NV0307-3 " ef, Valuation Copies to: Requested by Assessor PASSED ON BAR l 5 198 unanimously by the Supervisors Auditor present Assessor By fr Tax Coll . J Sut Assistant Assessor 1 Page 1 of When re red by law, consented to by County Co 1 Res. # B � De pu7/ 404 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessment Roll Changes ) RESOLUTION NO. The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s) below) , and pursuant to the provisions of the California Revenue and Taxation Code referred to below, (as expYained by the tables of sections, symbols and abbreviations attached hereto or printed on the back thereof, which are hereby incorporated herein) , and including continuation sheet(s) attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the below-indicated addition of escape assessment, correction, and/or cancel- lation of erroneous assessment, on the secured assessment roll for the fiscal year 19 82 - 1 SB3 . Parcel Number Tax Original Corrected Amount For the and/or Rate Type of of R&T Year Account No. Area Property Value Value Change Section 81-82 705-105-001-6 53017 Land 0 5315 4985 Imps 8,100 P.P. 0 Argie R. & Betty L. Hickey Rt. 1 Box 510 Antioch, CA 94509 Add parcel & assessment I hereby certify that this is a true and correct copy of on action taken and cniered on the minutes of the Board o!Supe-vi a30.111 0 dale shown. ATTcSTE:'J: / l Cts+LS, S 1 19133 J.R. CLSsON, COUNTY CLERK an d ex t icio Cie* of the 302rd By LZ - Deputy i S-NV0307-3I/Ci ef, Valuation 1983 Copies to: Requested by Assessor PASSED ON unanimously by the Supervisors Auditor present Assessor By Tax Coll . Sut Assistant Assessor 1 Page 1 of When regrded by law, consented to by the, County Coun 1 Res. # d f By eputy 40D BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Assessment Roll Changes ) RESOLUTION NO. The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s) below) , and pursuant to the provisions of the California Revenue and Taxation Code referred to below, (as expYained by the tables of sections, symbols and abbreviations attached hereto or printed on the back thereof, which are hereby incorporated herein) , and including continuation sheet(s) attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the below-indicated addition of escape assessment, correction, and/or cancel - lation of erroneous assessment, on the secured assessment roll for the fiscal year 19 82 - 1983 Parcel Number Tax Original Corrected Amount For the and/or Rate Type of of R&T Year Account No. Area Property Value Value Change Section 82-83 701-823-001-6 10024 Land 0 5319 4985 Imps 8,300 P.P. 0 Allen R. Hickev P. 0. Box 491 Oakley, CA 94561 Add parcel and assessment I hereby certify that this is o tru*and correct copy of an action takon ardoan:2red on lya .minutes oS th* Sac-d of Supervi om n the datc shown. ATTESTED: — J.R. TTESTED:J.R. OLSSCiti, COU.4rf CLERK and gx'oh.cio Cie:' of :;:e Board r � By ______._ , Deputy S-NV0307-3 efx, ChieValuation MAR 1 51983 Copies to: Requested by Assessor PASSED ON unanimously 6y the Supervisors Auditor present Assessor By Tax Coll . e Sta,, Assistant Assessor Page 1 of 1 When !rired by law, consented to b County C se r Res. # `� Pk, ,. ep y 406 BOARD OF SUPERVISORS OF CONTRA COSTA CMTT, CALIFOFP.NIA Re : Assessment Roll Changes 9ESbL0T1dN k0: The Contra Costa County Board of Supervisors RESOLVES TRAT: • As requested by the County Assessor and, when necessary, consented to by the County Counsel ( see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s ) as indicated. Requested by Assessor By ,/ PASSED ON MAR 151983 7o-el8iita, Assistant Assessor unanimously by the Supervisors present. When req ed by law, em�sented to by t e County Co 1 By Page 1 of 4 Chiefritor anon the►C�bv ce:!if. «?t 1!"-Fg a!ru-c.rundcorrac as action w �:: :rc; 3ltersc' on the mlruies of fh, Copies: Au g,, ; - Assessor r rsri:o - on the date shoY�n. Tax Collector ArTESTE-D: 4.cC�, i5 qr3 3/8/83 - -. ,• .._.. S-P0301-1 CLE ; S-C0301-1 �"•� e o�'►=io Clerk of the Board By �. • DePUtl A 4042 12/$0 RESOLUTION NUMBER 0 �� 407 ASSESSOR'S OFFICE 'W$4 be► R., V4 A jpql. 4 .i- ' A;.,jfFrj Ar--,%t AST jj)8 () 11Y Allf)ITORI IN. Ej5 hf)fl IfITEPUST SECUREDTAX DATA CHANGE o- � r k-mfoqft- .n.pjr; ryapfoil OAA f CA 5 Pro.,W*41r-14()(J. rARRY IN- RA T04 DA TF j"t d jjA rt 44,6' f ef 1 f ()A-f A A 1(';.r PARCEL fjuP.#jjr!A I T P, 46.0 4v f"." AUDITOR f AUDITOR'S MESSAGE I t .4'e. I)a -.a J A _#-IXC % COPP ff 129-341-014-6 44 0 104 9, 135 749063 .AV ASSESSORS DATA 80 9- 4831 17 Lj2��-.341-014-6 44,985 91118 24PS45 0 . ............ • *r t' -1 44, f.1 ASSES-SOR'S DATA 4831 -341-014- 129 3 538 38 019 ]IMj 142 10 1 '18 Yof of'-f I V ASSESSOR'S DATA 41131 105-030-062- 49,500 . 9 0 0 0 Ac EI v, ASSESSOR'S DATA f4mtf.- A-81 48310 4985 201 ,960 .., 1175.0 2 105-030-062-1 7 W. AYvt Y4 r 0 tit ASSESSOR'S DATA L NAME 81-82 48319 4985 _1 I-05-030-061-3_ Ll:l 55*500 11 134 10 0 ASSESSOR'S DATA IlLNAur 80-81 48319 4985 ENO OF +REC�TIONS ON THIS PE ASSESSEE'S wxi 4L T sac"c^ ASSESSOR'S DATA NAME ASSESSEE'S TOA #Kx t vi LA T WC11044 ASSESSOR'S DATA NAME wl k6VASSESSOR FILLS IN DATA FOR THESE ITEMS ;SUPERVISING APPRAISER DATE L3 1 '80 C) PRINCIPAL APPRAISER 00 ASSESSOR'S OFFICE CURRENT ROIL CHANGES IEOUALIZED ROLL LAST SUBMITTED BY AUDITOR) 1N• CLUDING ESCAPES WHICH CARRY NEITHER PENALTIES NOR INTEREST SECURED TAX DATA CHANGE K71PRIOH ROLL CHANGES INCLUDING CURRENT YEAR ESCAPES WHICH DO CARRYtN- BATCH DATE TEREST OR PENALTIES AUl7ITf)R S L DATA FIELDS M EXEMPTIONS E PARCEL NUMBER F M LEAVE BLANK UNLESS S AUDITOR'S MESSAGE AUDITORF E TOTAL. OLD A V NFW LAND A V NEW IMPR A V PERSONAL PROP A V THERE IS A CHANGE. A CORK w I N NET OF INCI IDES x T EXEMPTIONS PSI T T G v AMOl1NT y AMOUNT E E AV E AV 105-030-061-3 2261440 196,388 0 0 ASSESSEE'S, TRA ROLL YEARR&T SECTION ASSESSOR'S DATA NAME ✓ 81-82 4831 n 105-030-056-3 16,650 14,435 0 0 ZASSESSEE'S TRA ROLL YEAR R b T SECTION ASSESSOR'S DATA NAME r 80-81 48319 4985 105-030-056-367,932 58,897 0 0 ASSESSEE'STRA POLL YEAR R& T SECTION ASSESSOR'S DATA NAME r 81-82 48319 4985 105-030-057-1 169650 149436 TO 0 ASSESSEE'S TRA ROLL YEAR R b T SECTION 4831, 4985 ASSESSOR'S DATA NAME i 105-030-057-1 6710932 58,900 0 0 ASSESSEE'S TRA ROLL YEAH R 6 T SECTION ASSESSOR'S DATA NAME 81-82 4831, 4985 v n ASNf�JE TRA ROLL YEAR R S T SECTION ASSESSOR'S DATA y" END OF C RRECTIONS ON THIS P GE ASSESSEE'S TRA ROLL YEARR&T SECTION ASSESSOR'S DATA NAME. ASSESSEE'S TRA ROLL YEAR R 6 T SECTION ASSESSOR'S DATA NAME AR4489.,I7/2I1e21 SUPERVISING APPRAISER ���I�✓-=-� ,►ASSESSOR FILLS IN DATA FOR THESE ITEMS- � DATE PRINCIPAL APPRAISER ASSESSOR'S OFFICE I�( I (a1ilAL-r/i H:iLL CIIANGLS (fOUAL11Ei) HALL LAST SUBMITTED BY AUDITOR) tN• SECURED TAX DATA CHANGE CLUDINC QSCAI'FS WHICH CARRY NEITHER PENALTIES NOR INTEREST aTERE9TPOLL CHANGES OR PENALTIES INCLUDING CURRENT YEAR ESCAPES WHICH DO CARRYYNi BATCH DATE A1101TOR E DATA FIELDS M U E EXEMPTIONS E PARCEL NUMBER F M LEAVE BLANK UNI ESS S AUDITOR'S MESSAGE AUDITOR F E TOTAL OLD A V NFW I AND A V NEW IMPR AV PERSONAL PROP AV THERE IS A CHANGE A CORR M NET OF ( of INCLUDES (j X T EXEMPTIONS PSI y AMONT y UAMOUNT E bib, F fAV E: AV ti 105-030-064-7 11.868tOOO 371,460 19320900 0 ASSESSEE'S TRA ROLL YEAR R d T SECTION o ASSESSOR'S DATA NAME 82-83 4$31 49$5 129-341-014-6 187 208 7389780 11021145 0 J ASSESSEE'S TRA ROLL YEAR R 8 T SECTION ASSESSOR'S DATA NAME ,NIlL 82-83 4831 105-030-056-3 985100 1609075 1911000 0 ASSESSEE'S TRA ROTI YEARR A T SECTION ASSESSOR'S DATA NAME oc 82-83 4831 4985 105-030-057-1 97 800 60,078 9,000 0 ASSESSEE'S THA ROLL YEART SECTInN R b ASSESSOR'S DATA NAME y 82-83 48319 4985 I SEE'S TRA POLL YEAH R b T SECTION ASSESSOR'S DATA NA i ' SSEE'S TRA ROLL YEAR R 6 T SECTION ASSESSOR'S DATA NAME END OF RRECTIONS ON THIS PGE ASSESSEE'S TRA ROLL YEAR _ R 8 T SECTION ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL YEAR R 6 T SECTION ASSESSOR'S DATA NAME AR4486'17t22182► , SUPERVISING APPRAISER DATE bL r o 3 ASSESSOR FILLS IN DATA FOR THESE ITEMS• PRINCIPAL APPRAISER kL C 0 ,3 () / / �.r.� r M `.d BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Assessment Roll Changes RESOLUTION NO. �3 a- The Contra Costa County Board of Supervisors RESOLVES THAT: As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s ) as indicated. Requested by Assessor MAR 1 51983 By � )����- PASSED ON NWSutC, Assistant Assessor unanimously by the Supervisors present. When req ed by law, consented to by t e County Coun 1 By Page 1 of 8 i De Y tion !hereby certify that this h a true and correct copy of 1 e , -an action taken and entered on the minutes of the Board of S�spe:TM one da/essown. Copies: Audi or 1 �9 p3Assessor (Unsecured) Turner ATTESTED: 0 Tax Collector J.R. OLSSON, COUNTY CLERK B001-B007 and ex iclo Clerk of the Board By , Deputy A 4042 12/80 RESOLUTION NUMBER 411 .�yAnL.., -W-TV ASSESSOR'S OFFICE l '170 UNSECURED TALC DATA CHANGES CONTRA COSTA COUNTY BATCH DATE: FULL VALUE - MARKET VALUE LEVYssessa+h COMMENTS Coil � E AlAI LAND AlAI IMPROV. AlAI PER PROP AlA! PS! AlAI ExeMPAMcx�NT p CODE ROT CODE 00 NOT ENCODE #" l f a on MESSAGE OR A2 LANQIPEN A2 IMP./PEN, A2 PP/PEN A2 PSI/PEN A2 0 " `* ACCOUNT NUMBER i M FUND REVENUE s A3 NEW TRA A3 A3 A3 Y A3 ya t% IEA �o aE DISTRICT DESCRIPTION B2 ... e2 B2 B2 NO. e2 o T cl ci c! c I E C! Al#at z rx� M b > 0 Date A 4040 22180 Supervising Appraiser -' -cl'3» +ti►1 �/ ASSESSOR'S OFFICE UNSECURED TAX DATA CHANGES CONTRA COSTA COUNTY BATCH DATE_ FULL VALUE - MARKET VALUE Lcvt At LAND At IMPROV, At PER PROP At PSI AI ExEmpAmotmT asSESSoft COMMENTS Rat coat 00 NOT EHc00E too ! L 04c MESSAGE OR A2 LANWP£N A2 IMP/PEN. A2 PP/PEN A2 PSVPEN A2 ..� © x ccI.ACCOUNT NURIER � u FUND REVENUE s A3 NEW TRA A3 A3 A3 s I T A3 % �° p a DISTRICT DESCRIPTION 82 82 82 82 NO. 82 Ai R At T o. c CI CI Ci C I CI t'� 2c F 1 1 ..a�f-��� A 4040 12/80 Supervising Appraiser . Date --- t/ ASSESSORS OFFICE t30�3 UNSECURED TAX DATA CHANGES CONTRA COSTA COUNTY BATCH DATE: FULL VALUE - MARKET VALUE ' �cvr Al LAND Al IMPROV. Al PER PROP Al Psi Al ExEmpAm",r ASSCSS00% COWAMYS `0" 0 l soft rteT CaaC A2 LAND/PEN A2 IMPIPEN. A2 PP/PEN A2 PSI/PEN A2 ba Not EMC00[�r "� L E MESSAGE OR `t� ACCOUNT NUNBER �, L k FUND REVENUE s: A3 NEW TRA A3 A3 A3 A3 w o E A $2 B2 $2 82 ► No. 82 �A' 1 K0.°" DISTRICT DESCRIPTION ci cl cl cl E Ci yA;2,a2 17 9A&- f ; ,I q 7 A 4040 12/80 Supervising Appraise - v Date AssssoR's OFF tct= --- �,�y UNSECURED TAX DATA CHANGES CONTRA COSTA COUNTY BATCH DATE- - --- --- -� .--- ---. - 1q t FULL VALUE - MARKET VALUE iF; SSESS006 COMME'N75 At t<ANO AI tMPf2t7V. AI PER PROP AI PSI AlAExENpAMouNT n s�.• t t �*t u�t A2 0001EN A2 IMP/PEN. A2 PP/PEN A2 PSI/PEN A2 IDO NOT� t:NcOot: L000104 b •r t� ACCOUNT NUMSE N ! ! F911 101(ou AS NEW TRA A3 A3 A3 TJNO A3 . s+t DISTRICT DESCRIPTION Fez 97 H2 B2 f 82 t Ca Ca CI C I E CI O9. 7 cil O ----- A 4040 12/80 Supervising Appraisa� L t_ Date ASSESSOR'S OFFICE LOOS UNSECURED TAX DATA CHANGES CONTRA COSTA COUNTY BATCH DATE: FULL VALUE — MARKET VALUE CcvrSSESSORS COMMEN13 Flow. L CODE R&T CODE AlAI 1.�4ND AlAI IMPROV. AlAI PER PROP AlAI PSI AlAI ExEMPAMOtMT NOT ENCODE LL f t MESSAGE OR A2 LAND/PEN A2 IMP,/PEN. A2 PP/PEN A2 PSI/PEN A2 00 r'o ACCOUNT NUMBER E FUND REVENUE A3 NEW TRA A3 A3 A3 T A3 �� " EA I 110.0c DISTRICT DESCRIPTION 82 B2 e2 82 j N0. 92 x " I T CI 0 CI C I E ICI 1AAI O A 4040 12/80 Supervising Appraise Date • ..� `y-�3 i� .�;_ /�� 2 !P Lorw Ave _ .. 1 CONTRA COSTA COUNTY ASSESSOR'S OFFICE NAME BUSINESS PERSONALTY SYSTEM — UNSECURED ESCAPE ASSESSMENT ACCOUNT '��G57rR�/ � 9� ACCOUNT N0. CORR. N0. ROLL YEAR 19 8-,Z-$.3 TRA .419 9 N FU L VALUE PENALTY F. V. EXEMPTIONS A.V. CD FUND REVENUE LC DESCRIPTION AMOUNT O VALUE TYPE CD AMOUNT CD AMOUNT CD TYPE NO. AM U."IT B 1 1003 9020 YX ESCAPED TAX LAND -`AI A2 AI BI 1003 _-9020 Y2• ESCAPED INT IMPROVEMENTS AI A2 AI 81 9040 YO PENALTY _ PERSONAL PROP .-Al A2 Al al ' LSE us PROP STMNT IMP Al A2 Al BI 1003 9040 YR ADDL. PENALTY T 0 T A L BI DO NOT PUNCH ELNNT MESSAGE YEAR OF DO NOT PUNCH i' DESCRIPTION i N0. ELEMENT. DATA ELMNT N0. ESCAPE PROPERTY TYPE ASSESSED VALUE R l T SECTION ACCOUNT TYPE 01 32 040 19 PER PROP PRIME OWNER 33 ETjZl 32 _ _Q� ++– Pte_OVEMENTS -- OTHER OWNER 34 F/ ,(/(' ( D 32 042 LAND DBA NAME 35 32 043 PS IMPR TAX BILL %NAME 74 32 044_ PENALTY TAX BILL-STREET 4 N0. 75 ,30 32 045 B I EXMP TAX BILL CITY � STATE 76 S U U _32 _046 OTHR EXMP TAX BILL ZIP 77 Q Q 66- 32 047 NET REMARKS 32 02_5 ESCAPED ASSESSMENT PURSUANT TO 32 048 19 PER PROP 32 026 SECTIONS Q.3�-•� qL -916o 32 _ _049 —__ IMPROVEMENTS - f..a r _32 _027 OF THE REV. AND TAX CODE 32 _050 _LAND 32 028 RESOLUTION NO. 32 051 PS IMPR 32 32 052 PENALTY 32 32 053_ BI EXMP v MESSAGE YEAR OF DO NOT PUNCH_ 32 054 _ OTHR EXMP — c� EINNT No ESCAPE PROPERTY TYPE ASSESSED VALUE R b T SECTION 32 055 NET M 32 032 19 22-- PER PROP 32 086 19 PER PROP 32 033 IMPROVEMENTS 32 _057. IMPROVEMENTS _ 32 034 LANG 32 058 LAND — 32 _035_ PS IMPR 32_ 059 PS IMPR 32 .036 _ _PENALTY 3 32 060 PENALT Y 32 037 BI EXMP 32 061 81 EXMP 32 _ 0_38_ OTHR EXMP 32 062 OTHR EXMP 32 039 NET 32 063 NET A 4011 12/80 Supervising Appraiser J-.2- 8�_3 Date ASSESSOR Is OFFICECONTRA COSTA COUNTY UNSECURED TAX DATA CHANGES BATCH DATE: FULL VALUE - MARKET VALUE ' c°� A E Looe Al LAND Al IMPROV. Al PER PROP Al PSI A( ExEMeAMOUNT �iSSESSORt COMMENTS L °p MESSAGE OR R9T CODE M " X10 NOT ENCODE N cc L E w A2 LAND/PEN A2 (MP/PEN. A2 PP/PEN A2 PSI/PEN A2 C0 "„ T, ACCOUNT NUMBER T N FUND REVENUE `S A3 NEW TRA A3 A3 A3 T A3 y y'c 0" EA a " .G DISTRICT DESCRIPTION B2 82 B2 B2 v NO. 82 " A T °. c CI cl cl CI E cl 0 WC9fcR,1/iNAe-AZe7i11, -- C 4; f'.r✓ .vas � C 00 00 tt7 i b M 7f Date A 4040 12/80 Supervising Appraiser '�� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Assessment Roll Changes RESOLUTION NO. The Contra Costa County Board of Supervisors RESOLVES THAT: • As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s) as indicated. Requested by Assessor By PASSED ON MAR 151983 . joe uta, Assistant Assessor unanimously by the Supervisors • present. When re ed by law, corse ed to by Count Co s 1 By Page 1 of 2 Deputy V a 1 u on i hereby c*Mfy t!hn!•his tw a! za and correct copy of an action taker. mrid oniared on the rrnlnutes of the Board of Superdsois on Uha dare shown. :ies: Auditor ! Assessor ATTESTED: Tax Collector J.R. OLSSON< COUNTY CLERK S-P0307-1 and ex ffccf-s Cterk of the Board Deputy A 4042 12/80 RESOLUTION MIBER t3 419 ASSESSOR'S OFFICE CitpaT•ry p+11 l CruNGES r£OUauZ£Q p(?tt LAST SU41►.t17TED Eav altOI70tL IN F—AnS Yt? ICH�.;apv NFITNEn cr.;At T+cc rtnn ,NTFnFS' SECURED TAX DATA CHANGEr r ,nsi ns`. . CHA•i.^,c'=I•if-t tJ^:•d (-!tfinFNT VTAA FL('AC`FC Y11+,!►+1)0 CA PRY IN. BATCH DATE A+,rn Trn E DATA FIFLn. M U E EXEMPTIONS E AUDITOR PARCEL NUMBER F f.4 FAtiF r`A''� ''"'tF`'` S AUDITOR'S MESSAGE O F F TnTAt It rl A V, Vr::t A•.'' •!C V!n,,o„ A '. G't c:'.! ..A,. t^r,. r. /irTri( A r,.A•F,1 A CORR r I N NFT no .,. t G T i A�.r +^•�' r A►,,nurrT E 002-082-001-5 10 19058 0 0 L r SF S5 F:F. S nt, rt •r I rt'lrl li A 1 1-19 f I,!ly i m ASSESSOR'S DATA NAME- 80-81 48319 4985 y rn 002-082-001-50 4,316 0 0 L T0 A55ESSEE 5 hA uutt NrAl' IT R t �Cf;Tu'N -A L CASSESSOR'S DATA NAINF 81-82 4831, 4985 068-164-023-1 149329 3,038 13,041 0 ASSFSSfFf •ua W^11 •,1 Ari u 4 T ,i r•TioN t ASSESSOR'S DATA NAkir 80-pi 48319 4985 1 203-180-006-9 2.3182.1 179859 11 *961 0 ASSF.SSEC'.`; +nA n+,t iAn n fi 1 ,t r nrN ASSESSOR'S DATA NAME. Maribeth Sayre 66006 !9-80 531' 4985 203-180-006-9 24,332 18,216 1?.,200 01 L _ .__._... ....___. .___ ._. ASSF`:5F.E'S 'r,A I<r i t rl Au I d T <;fCIit44 ASSESSOR'S DATA NAME Maribeth Sayre 66006 80-8_1 5319 4985 203-180-006-9 99,414 74,321 49,776 0LJ m ASSESSEE'`.i _149,776 i nA J tintl vrAH Il A ► 'rl'TITIN ASSESSOR'S DATA NAME Maribeth Sayre 66006 81-82 5319 4985 END OF C RRECTIONS ON THIS P GE ASSESSEE'S TtiA ROl l YEAR R& T Sr.CTION O0 ASSESSOR'S DATA NAME �n - U ASSESSEE'S Tt+A AOt l YEAR p A T SECTION ASSESSOR'S DATA NAME iR4'489(7/22182) , SUPERVISING APPRAISER DATE IL ASSESSOR FILLS IN DATA FOR THESE ITEMS. PRINCIPAL APPRAISER BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Assessment Roll Changes RESOLUTION NO. g3 The Contra Costa County Board of Supervisors RESOLVES THAT: • As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s) as indicated. Requested by Assessor - - - MAR 151983 By � PASSED ON Joe ta, Assistant Assessor unanimously by the Supervisors present. When re ed by law, emsen ed to by e County Co By Page 1 of 2 (�]& ;- ief, 'Valulifon i hereby certlty that this is a true and correct copy of an action taken and entered on the minutes of the Zie : Auditor Board of Supervisors on the date shoran. Assessor ATTESTED: °�� Tax Collector J.R. OLSSON, COUNTY CLERK S-C0307-2 and ex otflclo Clerk of the Board By . Deputy A 4042 12/80 RESOLUTION NUAMER 3 421 A>!US60fril OM" lri*"NT "t CatANtltS f0UA1t.IZEO A4ti LAST $UBMITTtt) AY AtInITORt IN- Ctt.iGl�►d"r E A 9 W►#GM AARV MCITf$tA"NACTIFS NOR INTfRf.QT SECURED TAX DATA CHANGE pOCt7AR ittl(t +C►�,1N('ta#'�#OC`,l#.JCkf4'ti I^#pFlti#t1t YicAA ESC,Af+E i tfoCrrf{f7t#GACiC#Y!N- . R1Ai#;"nAiT . R#V*lv_rCap f DATA i tr'(,Wr M AIJOtT!)a1 PARCEL NUMfiti�I f_ .f Vf fN A4044 Jr0.c � auDitaas ME88ao� tt"'4t Ai t#,f�A y $0*t aA�y#r!�4'Y Nf*ra,+fpp A'ar Wf lava te+�.�1. a,�:"•.�_ '�. t3R • F i t y 1 us f1 A C"►.At Air"f A as '"+► lairs a rraF ...� G i 002-082-001-5 Q A 0402 ASSESSOR'S DATA AVW**v f r ' r: ate/# tf A'i"r f r,i f0ft j"'o` 82-83 4831, 4985 243-184-006-9 1019541 75,807 0771 ASSESSOWS,DATA UAW ► ' Maribeth S yre 66006 87-83 L 5319 4985 ' �.....".., , .�« ..._ ".. .,. .." to's ASSESSOR`S DATA I J ASS$Sfsf,I''t ��� aw t *,t as �� 1-4,e tt,:aft ASSESSOR'S DATA NAMC I J _T ....._ �._.,... .:.�. x.�.. J I ololk got" ASSESSOR'S DATA NAW ASSESSMS DATA Al E89iE MA #�T END OF C RECTIQNS til THIS P E A88El48EE9 MA fytAl> A♦x UCTION ASSESSOR`S DATA NAME A8S �BEa~'8 tfTA 1. a t T act*" e AS$ SS S DATA NAME Now 1Yrnim ,►A$SESSCIR 1�I1181N DATA FOR THESE lTE�Is SUPERVISING APPRAISER ..�..,,.,_.,... DATE � PRINCIPAL. APPRAISER � Ci0.30.7•.%> T � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Assessment Roll Changes RESOLUTION NO. 1-3/ 3 The Contra Costa County Board of Supervisors RESOLVES THAT: • As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked r:ith this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s ) as indicated. Requested by Assessor MAR ? 5 1483 By PASSED ON joe " uta', Assistant Assessor unanimous by the Supervisors present. When red by law, consented to byCounty C el Page 1 of 3 Dep lef,'V*altation 1hereby cc:•:;ty th,-:',h1s to a trieandcortoctcapy of pies: Auditor n� �• =� ta'.wn and er.:c.ed on tt-t minutes of the Assessor �-L"' ::; �::�er.:=-' o: the date shown. Tax Collector A i�•�:S i 0..+� ► + R LT3 S-CO223-2 .l.R. " �^`�. : ::.iY CLERK S-C0301-2 and e. -%cjo Cieric of tn• board By A 4042 12/80 RESOLUTION NUMBER 0 3� 423 ASSESSOR'S OFFICE ` r.11RnFNT nOl L CHANGES tFOl1A1 17FD PO[L LAST ;t1RMITTFD RY Al IDITOn IN- rt I_IFNNG ESCAPFS WHICH CARRY NFITIIER PFNALTIFS NOR INTFRr',;T SECURED TAX DATA CHANGERIOR PRIOR CHAN FANGES I TlS IfIF,I IIDINC+ rI1RRFNT YEAR FS ^ CAPF, V/RICH DO rARnviN• RATC,H DATE AIIDIT( n E DATA FIELDS M U L _. EXEMPTIONS E PARCEL NUMBER F M LEAVF, Rt ANY, IINLFFl; S AUDITOR'S MESSAGE AUDITOR F E TOTAL OLD A V NFW LAND A V NEW IMPP A V PFn'CONA1 PROP A V THFRF:S A CIIANrF A Con" I N NET OF INCI 11017!; G x T EXEMPTIONS PSI y AFAOI INT 'Y AA401ITIT E F A Vrf' A V 260-141-016-6 1719428 919796 66,787 0 ASSESSOR'S DATA NAME ASSESSEE'S S TPA I+c�l I Y 82-83 R a T sFr,TION 4831 .52 4985 m O r 195-040-002-6 1 125,121 1401502 751746 0 0J ASSESSEE'S TRA POl L YFAR n A T SrCTION Z ASSESSOR'S DATA NAME 82-83 4831.5, 4985 kkLc 9 197-190-022-8 410,849 121,769 274,119 0 1 ASSESSEE'S TRA FIOI I YEAR R b T srr,TlnN ASSESSOR'S DATA NAME 82-83 4831 .5, 4985 ASSESSEE'S TRA nolL YF AP n a T `;ECTInN I ASSESSOR'S DATA NAME ASSESSEE'S TRA POI L YFArj n a T SECTION ASSESSOR'S DATA NAME A / O m A SSEE'S TRA ROLI YEAR R b T SECTION ASSESSOR'S DATA NAME END OF ORRECTIONSON THIS GE O ASSESSEE'S TRA ROLL YEAR R b T SECTION ASSESSOR'S DATA NAME W ASSESSEE'S TRA ROLL YEAR R b T SECTION ASSESSOR'S DATA NAME AR4489(7/221821 ,ASSESSOR FILLS IN DATA FOR THESE ITEMS: SUPERVISING APPRAISER , DATE IL +.••� _ , I� PRINCIPAL APPRAISER ASSESSOR'S OFFICE CUHPE':T ROIL CHANGES IFOUAI IIED ROL 1. LAST SUBMITTED RY At Ir)ITnnl IN �q rLIIDINO ESgAPFS WHICH CARRY NEITHER PENALTIP,NOR INTF.PF`•T SECURED TAX DATA CHANGE F-1PRI Fint.lsr onP HANS GEINCII1DINrctlnnFNTYEAR FSrAPFSWO ll(linCARnYRN• BATCH DATE At IT)I TOP E DATA FIELDS M U E EXEMPTIONS E PARCEL NUMBER F M LEAVF PLANK UNI ESS S AUDITOR'S MESSAGE 1 AUDITOR F E TOTAL OLD AV NFW LP.ND A V NEW IMPn AV PFWONAt PROP A V THFFIF 11,A CHANf;F. A I Conn a I N NET OF INCLIIDFS G x T FXFMP7IONS PI y AMnIINT y SAA1nI1NT E I P AV F AV 034-080-022-6 69,025 21,789 44,236 0 _ ASSESSFE'S TRA ROLL YEAR P A T SFCTION m ASSESSOR'S DATA NAME 82_83 4$31 0 _n 035-011-019-3 95 191 87 19. 1 0 0 12 0 ASSESSEE'S TPA ROLL. YEAR n d T SECTION Z ASSESSOR'S DATA NAME 82-83 4831 4985 m 035-020-007-7 96,819 68,819 0 0 _ ASSESSEE'S TRA ROLI. YEARa T SECTION P ASSESSOR'S DATA NAME 82-83 4831 4985 SSESSEE'S TRA nnl.l VEAR n L T SECTION ASSESSOR'S DATA ESSE I ASSESSES' N TRA not L YEAP R L T SECTION ASSESSOR'S DATA NAMF'' r m ASSESSEE'S ^•` TRA ROLL YEAR R a T SECTION ASSESSOR'S DATA NAME END OF C RRECTIONS ON THIS PGE ASSESSEE'S TRA ROLL YEARR a T SECTION o ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL YEAR R a T SECTION ASSESSOR'S DATA NAME p AR4489(7/22/82) , SUPERVISING APPRAISER DATE ASSESSOR FILLS IN DATA FOR THESE ITEMS: ,- 5--c, -30i `4A PRINCIPAL APPRAISER CT 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Assessment Roll Changes RESOLUTION NO. �33 The Contra Costa County Board of Supervisors RESOLVES THAT: • As requested by the County Assessor- and, when necessary, consented to by the County Counsel ( see signature(s) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s) as indicated. Requested by Assessor MAR 15 1983 BY PASSED ON .10 ut , Assistant Assessor unanimously by the Supervisors present. 111heZreq ' ed by law, consented to ounty Counsel a _ BY Page 1 of 3 Deput ties: a1u n uditor i hereby certify that this Is a true and correctcopy of Assessor an action taken cnd entered on the minutes of the Tax Collector Board of*SupervisorsA an the date shown. S-C0302-2 (S IN �s J.R. OLSSQN, CQUN''Y CLERK and a iclo Clerk of the Board BY ( e� : , Deputy A 4042 12/80 RESOLUTION NUMBER 426 ASSESSOR'S OFFICE rVI CURRENT POLL CNANGE5 tFOl1AU7E0 R(lll LAST SUl3EdITTE0 RY AUDI?ORI IN- i•LI;OINIi FSCAGFSWHICH CAPaY NEITIIFE? �ENAI TIF%NnR INTFPFST SECURED TAX DATA CHANGEF� Tf CST CRItCWALTIES tNCLIJOING CLIRPENT YEAR ESf PFS VJHICEI CARPY IN. RATrE1 DATF E DATA FIELDS M 1 L EXEMPTIONS E PARCEL NUMBER F P,4 L FAVF PL ANK Wil FS`' S AUDITOR'S MESSAGE At-tPitnFi F TrITAt 01.0 A V N(';;t A0Jn A V NEW 10,1PP AV F'FPC.t VJAI )P1F• AV THFRF �,A r"ANrF A C!tr.R • I N ►JET of trr!I)t)FS 116 G X T Fit 7, n►nnttrJA►AnIINT E F AV E: AV # 035-372-003-0 1 14565 20655 0 0 AC,SESSCE S TPA Lull L YFAP T SFrTIn ASSESSOR'S DATA NAME 8Z-$3R d N 4831 4985 m r • S 035-372-004-9 Lt _ 14,565 2 655 0 0 _ A7,SFSSEE•S TRA POI L vrAPT SECTION ASSESSOR'S DATA NAMF c 82-83R d 4831 4985 m n 035-372-005-5 14,565 2,655 0 0 r W ASSES+SEES TPA RCI L YF.AR R A T SECTinN ASSESSOR'S DATA NAMF 82-83 4831 4985 035-372-006-3 14,565 2 655 0 0 ASSFSSEU'S TPA ROL L YEART 9FCTInN I ASSESSOR'S DATA NAMF IIL 82-83R d 4831 4985 I i 035-372-007-1 L 1.4,565 2 �fi55 0 0 ASSFSSEF'S TPA RnLI YFAP R d T SECTION ASSESSOR'S DATA NAME 82-83 4831 4985 035-372-008-91--L 14 565 2 655 0 0 m ASSESSEE'S TRA ROLL YEAR R b T SECTION ASSESSOR'S DATA k. NAME 82-83 4831 498 END OF ORRECTIONJ ON THIS AGE ASSESSEE'S TRA ROLL YEAR R b T SECTION Q, ASSESSOR'S DATA NAME UI ASSESSEE'S TRA ROLL YEAR R &T SECTION ASSESSOR'S DATA NAME SUPERVISING APPRAISER b6 DATE L Sy-�- ASSESSOR FILLS IN DATA FOR THESE ITEMS' S-e(>uU-_� 1� PRINCIPAL APPRAISER ,y i ASSESSOR'S OFFICE ® C-tinnc•,+T Rn,'L C+4AN':ES iFOI)ALIZEr) a')ii ;Ac,T ea,{•*Fn 17Y A l" •: "+ rS If7" ESCAt-ts;tiy.ry•+f Aanv NE?-WF0 Pc7%A,,r;FS+,I^n r ,Trnrc SECUREDTAX DATA CHANGE DO)r)Q G•lii (NA•i(iC> 14JCI vFAn F:rA vv,, ,-jwr e'AOn- '.N TF'nr-'r -0-Tr 1At BATCH DATE A110fTf,R E DATA FIELDS !A S L EXEMPTIONS E U E tEA%'E P;A•:K �!Nf Frf PARCEL NUMBER F NI n AUDITOR'S MESSAGE AUDITOR F E TOTAL Ot O A V NFY!t ANr)A V NFY1!/,IPn A ! i%fes"^+JAt rax�r Ir�c:�F A r..A+J.F CORR r I N NET OF INetI 10F� G x 1 FXEMPTIONS rcf A+.+ 'lT A!++} .•i: E 035-372-009-7 14.565 1 2 655 0 0 LL ASSESSEE'S I0 uo I, vF/.« n 1 ! �I f.Ttr­l I M ASSESSOR'S DATA NAME 8kk 11L 2_83 4831 4985 cn 0 i 375-192-014-5 52,171 1 11,460---._135 390 0 0 ASSESSEE'S ---� TPA ar*+t vTAlln A T 14,CTION CASSESSOR'S DATA NAME $2_83 4831 .5 4985 M 251-160-024-5 64.78 22 398 37 324 0 J L ASSESSEE'S �^ TPA nOtI V(All ASSESSOR'S DATA kk NAME 82-83 4831 .5 4985 405-092-014-1 222709 1 149575 120,708 0 ` ASSESSEE'S IPA n,;;! YFAl n A "FrTIf"pi ASSESSOR'S DATA NAME Michael Graham h, 85029 82-83 5319 4985 035-142-006-2 H 23 495 1 209000 48,000 0 ASSESSEE'S IPA nr)l L VF An n A r rIFF'TION ASSESSOR'S DATA NAME Est, of Julia Gonzales 82003 82-83 531 218-791-030-8 1 12 699 1369700 0 _L_ m ASSESSEE'S TRA ROU. rrA(1T SFrTiON i I R b ASSESSOR'S DATA kk NAME Citation Homes 66129 82-83 531 �J END OF JORRECTION ON THIS AGE ASSESSEE'S TRA ROIL YEARR b T SECTION ASSESSOR'S DATA NAME �F ASSESSEE'S TRA ROIL YEAR R b T SECTION ASSESSOR'S DATA NAME AR4489(7/22/82) ,ASSESSOR FILLS IN DATA FOR THESE ITEMS- SUPERVISING APPRAISER DATE PRINCIPAL APPRAISER 7S"LUQ t\) 00 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOP14IA Re: Assessment Roll Changes RESOLUTION NO. The Contra Costa County Board of Supervisors RESOLVES THAT: • As requested by the County Assessor- and, when necessary, consented to by the County Counsel (see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s ) as indicated. Requested by Assessor MAR 151983 By PASSED ON Joe,' uta; Assistant Assessor unanimously by the Supervisors present. When re red by law, consented to by County Counsel Depu6 age 1 of 4 ef, iFa Iff on es: Auditor t t►emby certify that this is a true and corned coPY of Assessor an ocito:I taken cnd entered on the ndnutes of L%* Tax Collector Dowd of SupcWtop on the date shc=. S-PO3O2'-2 ATTEST E D: ...----- SSC14, COUNTY GLERK end ev.Ofaclo Ctt tc of the Board By A 404#1 12/80 r � 429 ASSESSOR'S OFFICErs� s M y , •f, x.. • sr SECURED TAX DATA CHANGE <� 1 1 ,.�.,�.� RATCH DATE ON t ALlrrrnn E DATA FIEI.U`; U E E 1. E �l! r, T PARCEL NUMBER F M _ -� _ _..._ �, .r,sr Ft r +., y Y r ,' ' 4 ) ,11 A fill, AUDITORF E TOTAL OLO A V NFW I ANn A +/ NrW ILII41 A '/ PF tr +.rJA+ r r :• / - t nr A —&-e'l h CORR r I N NET OF ING1 I IF1F X T EXEMPTIONS I",I r sup . ers11111h.- ` s 4 t z ' I i 035-372-003-03 500 638 0 0 1 ASSESSEE'S mASSESSOR'S DATA NAME m 80 Pli 48,31 4985 on ° I 035-372-003-0LL 14 280 72 2 603 00 1 _____ _. ..____.___. . ._..__. __.__...._ ...___.. _._._.___ . ___ ( _ {�tfre t.• ` .tRl-8� ...�(31 . ......,...:_........ O ASSESSEE'S z ASSESSOR'S DATA NAME {y Z 4985 c I m 035-372-004-8 3 500 1 638 lo to ASSESSEE'S ASSESSOR'S DATA NAME 80_gI 4831 4985 � I 035-372-004-8 14 280 2 603 0 0 ASSESSEE'S tf+e ASSESSOR'S DATA NAME 81-8?. 41131 � 4985 035-372-005-5 3 500 638 0 0 ASSESSEE'S u . r=• .t tin » ti r t r„;y ASSESSOR'S DATA L. NAME 80_91 48311 4995 035-372-005-5 14 280 2$603 0 0 ci m ASSESSEE'S xnw nr�t t rt AP to t i rii410;� ASSESSOR'S DATA NAME hil 81-82 4831 4985 END OF JORRECTIONSION THIS 4GE ASSESSEE'S ,rMA nett vrAnn A t f r r1#4 On ASSESSOR'S DATA NAME ASSESSEE'S 7"A no L rrAso p 6 r%VCTION ASSESSOR'S DATA NAME SUPERVISING APPRAISER ATE �3-�-, 3 AR44r39I?r??r6?► ,ASSESSOR FILLS IN DATA FOR THESE ITFMS �► PRINCIPAL APPl7AiSER ASSESSOR'S OFFICE 'j � J ('tlnflCN.T n011 CHANGE,^, rFO11ALIZFD POLL LAST illflMl?TFD RY AUblTpnl IN- F1 LIIDIN/i ErrAPr i 1'/HICK CA11nY NFITIIEn PFNAI TIES NOR INTFnFlT SECURED TAX DATA CHANGE Tri�T r)H�'r"n"TIF S INCI I)DING CIIRnF.NT yFAn FF;CAPFS Wt11f;H DO CAnn.IN• HATCH DATE Aliniton F DATA FIELDS _ M U E EXEMPTIONS E PARCEL NUMBER F M LFAVE PI ANK (INI ES' S AUDITOR'S MESSAGE AUDITOR F E TOTAL. OI D A V NFW I AND A V NEW IMPn A V PFn;nNAI PRIM A V TIIFHf A CIIAN(;f' A Connw I N NFT of INCL IIDF'; (`j x -T- FYEMPTIONS ('SI PTI ' v v AMOUN7 E i tr AV F AV a 035-372-006-3 3 500 638 0 0 ASSESSEF'S TRA nil I yFAn n A T f,FCTION m ASSESSOR'S DATA NAME 80-81 4831 4985 (n 61 O r- _� 035-372-006-3 14 280 2,603 0 TO O ASSESSEE'S TRA P011. vEAn T fiFCTION Z C R 1.ASSESSOR'S DATA NAME g1-82 4$31 4985 c 035-372-007-1 39500 1 638 0 0 ASSESSEE'S TRA y not l YFARfi A T UCTInN ASSESSOR'S DATA NAME 80-81 4831 4985 035-372-007-1 149280 A 2,603 1 0 0 ASSESSEE'S TPA 1101 L YFAP n & T ''.Fr.TInrJ ASSESSOR'S DATA NAME 81-82 48311 4985 035-372-008-9 1 3 500 638 0 0 ASSESSEE'S TRA not t YFArr R b T rFCTION ASSESSOR'S DATA IIL NAME 80_81 4831 4985 035-372-008-9 1 149280 A 22603 0 0 m ASSESSEE'S TRA nOLL `/FAR R T SECTION b ASSESSOR'S DATA NAME 81-82 4831 4985 I r END OF JORRECTION ON THIS AGE ASSESSEE'S TRA ROLL YEAR Ii A T SECTION "n ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL. YEARR 8 T SECTION ASSESSOR'S DATA NAME AR4489 17/22/821 ,ASSESSOR FILLS IN DATA FOR THESE ITEMS- SUPERVISING APPRAISER , DATE IL c 112—X-3 S—PlJ3().,t—,� PRINCIPAL APPRAISER ASSESSOR'S OFFICEF-1runPENT ROI I. CHANGES f OUALIZED ROLL LAST SUBMITTED BY AUDITORI IN r.t I IMNC E!;rAI'F.S WHICH r;APRY NFITHFN PENAL TIFS,NnR INTEREST SECURED TAX DATA CHANGE ® rn['ST1nTi.c,FNANGE INCLUDING CIIRRFNT YEAR FSCAPFS WHICH D0 CARRY IN- BATCH DATE AIInIT014 E DATA FIELDS M U F _ _ EXEMPTIONS S PARCEL NUMBER F M I.EAVF RIANK UNI ES, S AUDITOR'S MESSAGE AUDITORF E TnTAI OL n A V NFw 1 Alin A V NFW IMPT1 A V PT P°.rINAI. PR')P A V THFRF. 'ti A(;HANr;F A CoRR a I N NFT or INCI UDF'' G }( F.XFMPI10N; PSI 1 ' T v AMOUNT y ARA01INT E IF AV IF AV �t -0 -Tii 30500L]-. 638 0 0 AS,ESSEE'S TRA 11011, YFAR R A T SECTIOFI mASSESSOR'S DATA NAME 4831a 4985 cn 80-8 0 r _14.280_ t 2 6 3 0 0 0 ASSE6SEE'S TRA POLL YEAR R A T SECTION Z ASSESSOR'S DATA NAME 1 4 c - 985 m 405-092-014-1 5.457 3.5 4,976 1 0 _ ASSESSEE'S TRA ROt I. YEARR A T SECTInN ASSESSOR'S DATA NAME Michapl GrandM 6, 85029, 531s 4985 405-092-014-1 22 264 14 290 20 302 0 ASSESSEE'S TRA RnLL YFAR R A T SFCTION ASSESSOR'S DATA NAME Michael Graham 85029 81-82 531 4985 ASS TRA Rnl 1. YE.AP R A T SECTION ASSESSOR'S DATA NAME D G) m . EE'S A ROLL. YEAR R d T SECTION ASSESSOR'S DATA NAME END OF .ORRECTIONJ ON THIS AGE O ASSESSEE'S TRA ROLL YEAR R d T SECTION „ ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL YEARR d T SECTION ASSESSOR'S DATA NAME AR4489(7/22/82) ,ASSESSOR FILLS IN DATA FOR THESE ITEMS: SUPERVISING APPRAISER DATE )w PRINCIPAL APPRAISER ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Assessment Roll Changes RESOLUTION NO. U 3 735 The Contra Costa County Board of Supervisors RESOLVES THAT: • As requested by the County Assessor and, when necessary, consented to by the County Counsel (see signature(s ) below), and pursuant to the provisions of the California Revenue and Taxation Code incorporated herein, (as explained by the tables of sections, symbols and abbreviations attached hereto or printed on the back hereof), and including data recorded on Auditor approved forms attached hereto and marked with this resolution number, the County Auditor is hereby ordered to make the addition, correction and/or cancellation to the assessment roll(s ) as indicated. Requested by Assessor - By PASSED ON MAR 15 198 Jo Suta, Assistant Assessor unanimously by the Supervisors present. When uired by law, eqU.Vnted to he County o Page 1 of 3 Dep VcjWtion 1 hereby certify that thla la a true and CQ9M tO ff Q# ?Pies: Auditor an actlon taken and entered on the mNwtN Of the Assessor Board of Supervisors on the date shoavn. Tax Collector L�CLt CL is� >- z` ATTESTED: ��---'�- S-P0301-2 a=.^fir?2, r; ASSESSOR'S OFFICE CURRENT ROLL CHANGES rEO11AUZED ROLL LAST SUBMITTED BY AUDITOR) IN- CLI Ir)INr,,F.SCA;'=S WHICH CA7RY NEITHER PENALTIES NOR INTFRF.ST SECURED TAX DATA CHANGE PRInR ROLL CHANGES INCLUDING CURRENT YEAR ESCAPES WHICH DO CARR}- BATCH DATE TE ;(-!;T OR PENALTIES At;nI T0R / E DATA FIELD`? M U E_ EXEMPTIONS E LEAVE PLANK UNLESS PARCEL NUMBER F MS AUDITOR'S MESSAGE ' AUDITOR F E TOTAL OLD A V NFW LAND A V NEW IkAPR A V PERSONAL PROP A V THF.RE :S A CHANGF A CORA r I N NET OF INr,LUDFS G I x T EXEMPTIONS PSI '� AMOI INT y AMOUNT E p ti E AV E AV 144-030-025-7 1519593 521000 118000 0 ASSESSEE'S TPA ROLL YEAR R A T SECTION m ASSESSOR'S DATA NAME 80-81 48 21, 4985 cn O 05 144-030-028-1 539187 52,000 129,600 0 0 ASSESSEE'S TAA ROLL YEAR R 8 T SECTION cASSESSOR'S DATA NAME kh, 80-81 4831 4985 c m 144-030-029-9 52,206 52,000 126,300 0 ASSESSEE'S TRA BOLI.YEAR R A T SECTION ASSESSOR'S DATA NAME 80-81 4831 4985 144-030-030-7 57,500 52,000 131,800 0 1 1 I ASSESSEE'S TRA ROLL YFAR R A T SECTION ASSESSOR'S DATA NAME 80-81 4831 4985 144-030-031-5 529694 1529000 11319300 0 ' ASSESSEE'S TNA ROLL YEAR A 8 T SECTION ASSESSOR'S DATA NAME 80-81 4831 4985 144-030-032-3 1 54,657 125,420 11159800 0 m ASSESSEE'S TRA ROLL YEAR R &T SECTION ASSESSOR'S DATA lk NAME 80_81 4831 4985 END OF 4RRECTIONSION THIS P GE ASSESSEE'S TRA ROLL YEAR R 8 T SECTION ASSESSOR'S DATA NAME ASSESSEE'S TRA ROLL YEARR 8 T SECTION ASSESSOR'S DATA NAME AR4489(7/22/821 , SUPERVISING APPRAISER b6 DATE ASSESSOR FILLS IN DATA FOR THESE ITEMS: PRINCIPAL APPRAISER 641, S —P 03 O(--- ASSESSOR'S OFFICE a POLL ('r1ANCE. tF0 ALIZFF) POLL LAST SU8{AITTE') tSY A1,-,-(`P' IN. '^ttnntr,7 � c tt rt I Oh N,FZr.ArlSS%Y}rirN(;AanV NEI T�IFq PFN AL TIFS Nr.P !I:t:;j'c* SECUREDTAX DATA CHANGE �(�xfj� l n nu n{,i I rNA•.r,FC; INCL,t;(llNri C IPPF'(T vFAn FS(APF, WHICH DO CARPY W4- BATCH DA TF TFnc_S; nn oENAt TIFr Ait;o'rn 77__ E DATA FIELDS M S L EXEMPTIONS E PARCEL NUMBER F '� S At.IOITG?n I FAYF (?:z A toAy .. S AUDITOR'S MESSAGE F TflTA! t"I(. A�1 'iT Y!� !�:'l A '. rif'pi il.s:'tt A y :'f ii r.'i�l A! :•(t'-,!' A '! it.,F nF .". A rr,Ari�lr A COgn • I= I N Fit + sr .+ x T F F�err,,,•i' tC ! E [;;; AY {�. AY a I 144-030-033-1 156,918 25,420 12.2. 10900 Ifo Arv1,; .err ri TNA Ntl1I vrA(t {� A T 1:FrTInN ASSESSOR'S DATA �Ia►,rF 80-81 48319 4985 r Q _ . _. �._ __. Z ASSESSOR'S DATA TR1A x(111 vFAn (a A T :,F(;T+nN Z t'4AklF c I w TT11A (((l(1 vFAn R A T SFCTInN ASSESSOR'S DATA t1A*.if'kk , t TNA Nnt I rf AN p A T SFrTInN ASSESSOR'S DATA NAlti1F t t T(!A VOL 1 Y(A(+ (i A T rF(TION ASSESSOR'S DATA NAVE � �. Q F I,/. m ! ASSESSOR'S DATA NAME nA POLL vFaR R b T SECTION Ilk f r" rW END OF RRECTIONS ON THIS GE ASSESSEE S ASSESSOR'S DATA NAME TRA ROLL YEAR R 6 T SECTION `U -TI I H I I ASSESSEE'S TRA ROLL YEAR R 8 T SECTION ASSESSOR'S DATA NAME AR4499(72'j Wt ,ASSESSOR FILLS IN DATA FOR THESE ITEMS SUPERVISING APPRAISER DATE k2- 1- 93 `a - .S- do030 /- a � PRINCIPAL APPRAISER COUNTY OF CONTRA COSTA RESOLUTION NO . 83/438 RESOLUTION CONDITIONALLY PROVIDING FOR THE ISSUANCE OF BONDS TO FINANCE HOUSING TO BE CONSTRUCTED AND OWNED BY LINCOLN PROPERTY COMPANY WHEREAS, the County of Contra Costa (the "County" ) is a legal subdivision and body corporate and politic of the State of California, duly organized and existing under the Constitution and laws of the State of California; and WHEREAS, the Board of Supervisors of the County, after careful study and consideration, has determined that there is a shortage of safe and sanitary housing within the County, and that it is in the best interest of the residents of the County and in furtherance of the health, safety and welfare of the public for the County to assist in the financing of housing developments; and WHEREAS, Lincoln Property Company (the "Owner" ) has requested that the County issue and sell its bonds for the purpose of financing a multi-unit rental housing project (the "Project" ) , to be located at Alcosta Boulevard and Kimball Avenue in the unincorporated area of the County near the City of San Ramon, to be acquired and constructed by the Owner or by a related entity, and the County wishes to induce the Owner to acquire and construct the Project at said location; and WHEREAS, it is in the public interest and for the public benefit that the County authorize such financing for the Project, and it is within the powers of the County to provide such financing; and WHEREAS, in order to expedite the financing of the Project, the County deems it advisable to select bond counsel and an underwriter at this time; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa as follows: 1 . The County will issue, at one time or from time to time, bonds in an aggregate principal RESOLUTION NO. 83/438 436 amount not to exceed $14, 000, 000 to provide financing for the Project, subject to the conditions that ( i ) the County by resolution shall have first agreed to acceptable terms and conditions for the bonds ( and for the sale and delivery thereof) , and for an indenture and all other agreements with respect to any of the foregoing; ( ii ) all requisite governmental approvals shall have first been obtained; ( iii ) the bonds shall be payable solely from revenues received with respect to loans or other investments made with the proceeds of such bonds, and neither the full faith nor the credit of the County shall be pledged to the payment of the principal of or interest on any such bond; ( iv) the County and the Owner shall have entered into a preliminary agreement, concern-Ing the financing, in substantially the fo:= hefcre t.ls :.eating, with such additions or deletions as are considered necessary or appropriate by the Co-nty a^n:^g Director or the County Adr..in stra*.or and the C.:ner,, and the Chairman of the County is hereby aLthor ked to axe.-cute said preliminary agree.-tent for and :n she rare and on behalf of the County; (v) at least twenty percent ( 20%) ( fifteen percent ( 15%) in targotod areas ; oar. the Project uni is are to be occ-jp'*e4. by Individual s. or f&-ni I iels of low or M—a der ate; snccl+me a defined in Sect ,on :03 (b) for at least thea per.o-d required by Internal Reven; a Ct�de of 1954 , as amended, said section, and the Protect shall o:.h*rwlgee meet any federal req,;_4r*=ents for tax exerption of interest on the bonds and any re si r e ments of they County applicable to such f=nanc :ngs . 11 she Cha : --An of they Board of Sup ervlsort, t..e erk of the Board, the County P:a.—M ng Dire tor , Co: nty Ad-. n-' strator, County Counsel and their de*put.-A s and rather off+cers or the County are hereby authorized and d: r etc:teed t^ participate in the preparation of an- resolution, indenture, bond purchase agreement , officlal stateme.nt and/or other documents or ag:ee."e.is necessary or appropr:ate to effect such 3 . In connect i or w th the proposed issuance of such ;,ondz , Orrick, Fle. r irgton & Sutcliffe, A rrof'ess:onal Corporation, is hereby selected and designated as bond counsel for the County, Dean Mutter Pey9; Ids Inc . is hereby selected and designated as senor managing underwriter for the bonds . The County Flaming Director a hereby authorized to select a co-IMAnaging underwriter for the bonds . 2 040511-0008-0777-34111b 13 I e 4. It is the purpose and intent of the County that this Resolution constitute official action toward the issuance of obligations by the County in accordance with Section 1 . 103-8( a) ( 5 ) ( iii ) of the Regulations of the United States Department of the Treasury. 5 . This Resolution shall take effect immediately. PASSED AND ADOPTED this 15th day of March, 1983 , by the following vote : Ayes: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder . Noes: None. Absent: None . Chairman of the Board of Supervisors of Contra Costa County [SEAL] J . R. OLSSON Clerk of the Board of Supervisors B K��= Y Vera Nelson, Deputy er cc : Lincoln Property Company Dean Witter Reynolds Orrick, Herrington & Sutcliffe Director of Planning County Counsel County Administrator 3 040511-0008-077-347lb 438 THE BOARD OF SIIPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: March 15, 1983 MATTER OF RECORD SUBJECT: Presentation of the U. S . Flag to the Newly Incorporated City of San Ramon Supervisor R. I . Schroder received permission from the Board to present , on its behalf , a United States flag to the newly incorporated City of San Ramon . y certify that this Is a fte and correctcopyof L40 MAGMS entered on the minutes of tte Board of Superviso _:. tive date shown. ATTESTFL'• _.._ . . �.�..s..l�Y. � _.0000 � J.R. � : • . ..r, ;.t.!"f31� and ex Board Ry ae== , Deputy And the Board adjourns to meet in regular session on Tuesday 2 March 22 , 1983 at 9 : 00 a . m. in the Board Chambers , Room 107 , County Administration Building , Martinez , CA. Robert Schroder. Chair ATTEST : J . R. OLSSON , Clerk Geraldine Russell , Deputy Clerk