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HomeMy WebLinkAbout03-022RESOLUTION NO. 03-022 Dated: January 28, 2003 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ALJ'I'HORIZINC7 THE ISSUANCE AND SALE OF NOT TO EXCEED $6,000,000 OF BONDS OF THE OROVILLE CITY ELEMENTARY SCHOOL DISTRICT BY A NEGOTIATED SALE PURSUANT TO A BOND PURCHASE CON'T'RACT, PRESCRIBING THE TERMS OF SALE OF SAID BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELNERY OF SAID BOND PURCHASE CONTRACT, AND AUTHORIZING THE EXECUTION OF NECESSARY CERTIFICATES RELATING TO SAID BONDS. WHEREAS, an election was duly called and regularly held in the Oroville City Elementary School District, County of Butte, California (herein called the "District"), on November 5, 2002, at which the following proposition summary was submitted to the electors of the District: "In order to construct a new middle school on property already owned by the school district, consisting of approximately ten classrooms, multipurpose room, gyminasium, l~tchen, hbrary, adnunistrative support building and for related purposes specified In the District's bond Project List, shall the Oroville City Elementary School District issue $6,000,000 in bonds at interest rates within the legal limit and establish a Citizens Oversight Committee to monitor all expenditures?" and WHEREAS, at least 55`% of the votes cast on said proposition were in favor of issuing said bonds; and WHEREAS, none of the authorized bonds have heretofore been issued and sold; and WHEREAS, pursuant to Education Code Section 15140 and following, the Board of Trustees of the District has requested this Board of Supervisors of the County of Butte (the "County") to issue a portion of said bonds in a single series designated the "Oroville City Elementary School District General Obligation Bonds, Election of 2002, Series 2003" in an aggregate principal amount not exceeding $6,000,000, and to authorize the sale of said bonds by a negotiated sale to Stone & Youngberg LLC (the "Underwriter") pursuant to a Bond Purchase Contract (the `Bond Purchase Contract"), a form of which has been submitted to and is on file with the Clerk of this Board of Supervisors, all according to the terms and in the manner set forth in a resolution duly adopted by the Board of Trustees of the District on January 8, 2003, a certified copy of which has been filed with the Clerk of this Board of Supervisors; and DOCSSC 1:317001.1 WHEREAS, this Board of Supervisors accepts the representation of the District that it is necessary and desirable that said bonds be issued and sold by a negotiated sale for the purposes for which said bonds have been authorized and on the terms and conditions set forth in said resolution of the Board of Tnzstees of the District; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF BL1T'I"E AS FOLLOWS: Section 1. Recitals: All of the above recitals are tnie and correct. Section 2. District Resolution Incorporated: The resolution of the Board of Trustees of the District adopted on January ~, 2003, is incorporated herein by reference and all of the provisions thereof are made a part hereof and shall be applicable to the bonds herein provided for, except as herein otherwise expressly provided. Section 3. Authorization and Designatian of Bonds: Pursuant to Education Code Section 15140 and folloRTing, this Board of Supervisors hereby authorizes on behalf of the Oroville City Elementary School District, the issuance and sale of not to exceed $6,000,000 aggregate principal amount of bonds of the District and designates said bonds to be issued and sold as the "Oroville City Elementary School District General Obligation Bonds, Election of 2002, Series 2003" (herein called the "Series 2003 Bonds" or the "Bonds"). The Series 2003 Bonds shall be issued as Current Interest Series 2003 Bonds and Capital Appreciation Series 2003 Bonds, as provided in Section 5 hereof. Section 4. Farm of Bonds; Execution: (a) Book-Entry. The Depository Trust Company, New York, New Yorl~, is hereby appointed depository for the Series 2003 Bonds. The Series 2003 Bonds shall be issued in book-entry form only, and shall be initially registered in the name of "Cede & Co.," as nominee of The Depository Trust Company, and registered ownership of the Series 2003 Bonds may not thereafter be transferred except as provided in Section 9 hereof. One bond certificate shall be issued for each maturity of the Current Interest Series 2003 Bonds, and one bond certificate shall be issued far each maturity of the Capital Appreciation Series 2003 Bonds; provided that if different CUSIP numbers are assigned to Bonds maturing in a single year, additional Bond certificates shall be prepared for each such maturity. (b) Farm of Certificates. The Series 2003 Bonds shall be issued in fully registered form without coupons. The Current Interest Series 2003 Bonds, the Capital Appreciation Series 2003 Bonds, and the Paying Agent's certificate of authentication and registration and the form of assignment to appear an each of them, shall be in substantially the form attached hereto as Exhibit A and Exhibit B, respectively, with necessary or appropriate variations, omissions and insertions as permitted or required by this Resohtion; provided, that if a portion of the text of any Series 2003 Bond is printed on the reverse of the Series 2003 Bond, the following legend shall be printed on the face of such Series 2003 Bond: "THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF AND SUCH CONTINUED PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH AT THIS PLACE." (c) Execution of Bonds. The Series 2003 Bonds shall he signed by the manu~~l or facsimile signatures of the Chair of this Board of Supervisors and of the Treasurer-Tax Collector DOCSSC I :317001.1 2 of the County (the "County Treasurer"), and countersigned by the manual or facsimile signature of the Clerk of this Board of Supervisors or by a deputy of either of said Clerk or of the County Treasurer, The Bonds shall be authenticated by a manual signature of a duly authorized officer of the Paying Agent (as defined in Section 8(a) hereof). (d) Valid Authentication. Only such of the Series 2003 Bonds as shall bear thereon a certificate of authentication and registration as described in subsection (b), executed by the Paying Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and such certificate of the Paying Agent shall be conclusive evidence that the Series 2003 Bonds so authenticated have been duly authenticated and delivered hereunder and are entitled to the benefits of this Resolution. (e) Identifying Number. The Paying Agent shall assign each Series 2003 Band authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof at its principal corporate trust office, which record shall be available to the District and the County for inspection. Section 5. Terms of Bonds: {a) Date of Bonds. The Current Interest Series 2003 Bonds shall be dated. Febniary 1, 2003, or such other date as shall be set forth in the Band Purchase Contract. The Capital Appreciation Series 2003 Bonds shall be dated the date of their delivery, or such other date as shall be set forth in the Bond Purchase Contract. (b) Denominations. The Current Interest Series 2003 Bonds shall be issued in denominations of $5,000 principal amount or any integral multiple thereof. The Capital Appreciation Series 2003 Bonds shall be issued in denomnations of $5,000 accreted value at maturity ("maturity value") or any integral multiple thereof, except that the first numbered Capital Appreciation Series 2003 Bond may be issued in a denomination such that the maturity value of such Capital Appreciation Series 2003 Bond shall not be an integral multiple of $5,000. (c) Maturi .The Current Interest Series 2003 Bonds shall mature on the date, in each of the years, in the principal amounts and in the aggregate principal amount as shall be set forth in the Bond Purchase Contract. No Current Interest Series 2003 Bond shall mature prior to August 1, 2004, and na Current Interest Series 2003 Bond shall mature later than the date which is 25 years from the date of the Current Interest Series 2003 Bonds, to be determined as provided in subsection (a) of this Section. No Current Interest Series 2003 Bond shall have principal maturing on more than one principal maturity date. The Bond Purchase Contract may provide that no Current Interest Series 2003 Bonds shall be issued and that the Series 2003 Bonds shall consist entirely of Capital Appreciation Series 2003 Bonds. The Capital Appreciation Series 2003 Bonds shall mature on the date or dates, in each of the years, and in such maturity values as shall be set forth in the Bond Purchase Contract. No Capital Appreciation Series 2003 Band shall mattu-e prior to August 1, 2004, and no Capital Appreciation Series 2003 Bond shall mature later than the date which is 25 years from the date of the Capital Appreciation Series 2003 Bonds, to be determined as provided in subsection (a) of this D©CSSC 131700] .1 3 Section. No Capital Appreciation Series 2003 Bond shall have principal maturing on more than one principal maturity date. The Band Purchase Contract may provide that no Capital Appreciation Series 2003 Bonds shall be issued and that the Series 2003 Bonds shall consist entirely of Current Interest Series 2003 Bonds. The Current Interest Series 2003 Bonds may mature in the same year ar years as the Capital Appreciation Series 2003 Bands, without limitation. The aggregate principal amount of the Series 2003 Bonds issued as both Current Interest Series 2003 Bonds and as Capital Appreciation Series 2003 Bonds shall not exceed $6,000,000. (d) Interest. As used in this Resolution and in the Bonds, the terms "interest payment date," and "interest date" shall be interchangeable, and shall mean February 1 and August 1 of each year, or such other dates specified in the Bond Purchase Contract. The Current Interest Series 2003 Bands shall bear interest at an interest rate not to exceed 9.00°l~ per annum, first payable an Febniary 1, 2004, and thereafter on February 1 and August 1 in each year (ar on such other initial and semiannual interest payment dates as shall be set forth in the Bond Purchase Contract), computed on the basis of a 360-day year of twelve 30-day months. Each Current Interest Series 2003 Bond authenticated and registered on any date prior to the close of business on the first Record Date (as defined in Section 6(b)) shall bear interest from the date of said Current Interest Series 2003 Bond. Each Current Interest Series 2003 Band authenticated during the period between any Record Date and the close of business on its corresponding Interest Payment Date shall bear interest from such Interest Payment Date. Any other Current Interest Series 2003 Bond shall bear interest from the Interest Payment Date immediately preceding the date of its authentication. If, at the time of authentication of any Current Interest .Series 2003 Band, interest is in default on any outstanding Current Interest Series 2003 Bonds, such Current Interest Series 2003 Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment on the outstanding Current Interest Series 2003 Bonds. The Capital Appreciatian Series 2003 Bonds shall not bear current interest; each Capital Appreciation Series 2003 Bond shall increase in value by the accurrnrlation of earned interest from its initial principal (denominational) amount an the date of issuance thereof to its stated maturity value at maturity thereof at a compounded interest rate which shall not exceed 7.00°lo per annum, assuming in any semiannual period that the value increases in equal daily amotuzts an the basis of a 360-day year of twelve 30-day months. The interest on the Capital Appreciation Series 2003 Bonds shall be compounded commencing on August 1, 2003, and thereafter an Febniary 1 and August 1 in each year (or an such other initial and semiannual interest dates as shall be set forth in the Bond Purchase Contract), and shall be payable only upon maturity or prior redemption thereof. The "accreted value" per $5,000 maturity value of the Capital Appreciation Series 2003 Bonds on each interest date may be given for reference in a table of accreted values prepared by the Underwriter and to appear in the Capital Appreciation Series 2003 Bonds; provided, that the accreted value determined in accordance with this Section shall prevail aver any different accreted value given in said table, and the County takes na responsibility for the table of accreted values prepared by the Underwriter. Interest on the Capital Appreciation Series 2003 Bonds shall be payable only upon maturity or prior redemption thereof. D~CSSC1:317001.1 ~ Section 6. Payment: (a) Princi a1. The principal of the Current Interest Series 2003 Bands and the accreted value of the Capital Appreciation Series 2003 Bonds shall be payable, Then due or upon redemption prior thereto, in lawful money of the United States of America to the person whose name appears on the bond registration books of the Paying Agent (as described in Section 8(c) hereo~ as the registered owner thereof (the "Owner"), upon the surrender thereof at the principal. corporate tn~st office of the Paying Agent. (b) Interest; Record Date. The interest on the Current Interest Series 2003 Bands shall be payable in lawful money of the United States of America to the Owner thereof as of the close of business an the 15"' day of the month preceding an interest payment date (the "Record Date"), whether or not such day is a business day, such interest to be paid by check or draft mailed on such interest pa~nnent date (if a business day, or on the next business day if the interest payment date does not fall on a business day) to such Owner at such Owner's address as it appears on the band registration books described in Section 8(c) or at such address as the Owner may have filed with the Paying Agent for that purpose, except that the payment shall be made in immediately available funds (e.g., by wire transfer) to any Owner of at least $1,000,000 of outstanding Current Interest Series 2003 Bonds who shall have requested in writing such method of payment of interest prior to the close of business on the Record Date immediately preceding any interest payment date. So long as Cede 8~ Co. or its registered assigns shall be the Owner of the Series 2003 Bonds, payment shall be made in immediately available funds as provided in Section 9{d) hereof. (c) Interest and Sinking Fund: Principal and interest due on the Series 2003 Bonds shall be paid from the interest and sinking fiord of the District as provided in Section 15146 of the Education Code of the State of California. Section 7. Redemption Provisions: (a) Optional Redemption. The Series 2003 Bonds shall be subject to redemption, at the option of the District, on the dates and terms provided herein, or on such other dates and terms as shall be designated in the Bond Purchase Contract. The Bond Purchase Contract may provide that the Series 2003 Bonds shall not be subject to optional redemption, and may provide separate and distinct redemption provisions for the Current Interest Series 2003 Bonds and the Capital Appreciation Series 2003 Bonds. Unless otherwise specified in the Bond Purchase Contract, the Current Interest Series 2003 Bonds shall be subject to optional redemption as follows: Current Interest Series 2003 Bonds maturing on or before August 1, 2012, shall not be subject to redemption prior to their respective stated maturity dates. The Current Interest Series 2003 Bonds maturing in each year beginning August 1, 2013, shall be subject to redemption prior to their respective stated maturity dates, at the option of the District, from any source of available funds, as a whole or in part on any date on or after August 1, 2012. If less than all of the Current Interest Series 2003 Bonds are called for redemption, such bonds shall be redeemed in inverse order of maturities or as otherwise directed by the District, and if less than all of the Current Interest Series 2003 Bonds of any given maturity are called for redemption, the portions of such bonds of a given manzrity to be redeemed shall be determined by lot. Unless otherwise specified in the Bond Purchase Contract, the Current Interest Series 2003 Bonds redeemed at the option of the District shall be redeemed at the following prices (expressed as a percentage of the principal amount of the Current Interest Series 2003 Bonds called for redemption), together with interest accrued thereon to the date of redemption: DOCSSC 1:317001.1 Optional Redemption Date Redemption Price August 1, 2012 and thereafter 100°l0 Unless otherwise specified in the Bond Purchase Contract, the Capital Appreciation Series 2003 Bonds shall be subject to optional redemption as follows: Capital Appreciation Series 2003 Bonds maturing on or before August 1, 2012 shall not be subject to redemption prior to their respective stated maturity dates. The Capital Appreciation Series 2003 fonds maturing in each year beginning August 1, 2013, shall be subject to redemption prior to their respective stated maturity dates, at the option of the District, from any source of available funds, as a whole or in part on any date on or after Augl.ist 1, 2012. If less than all of the Capital Appreciation Series 2003 Bonds are called for redemption, such bands shall be redeemed in inverse order of maturities or as otherwise directed by the District, and if less than all of the Capital Appreciation Series 2003 Bonds of any given maturity are called for redemption, the portions of such bonds of a given maturity to be redeemed shall be determined by lot. Unless otherwise specified in the Bond Purchase Contract, the Capital Appreciation Series 2003 Bonds redeemed at the option of the District shall be redeemed at the following prices (expressed as a percentage of the accreted value of the Capital Appreciation Series 2003 Bonds called for redemption on the date of redemption): Option~~1 Redemption Date Redemption Price August 1, 2012 through July 31, 2013 101°fo August 1, 2013 and thereafter 100% The "redemption date" is that date on which the Bonds which are called are to be presented for redemption. (b) Mandatary Sinking Fund Redem tp ion. The Current Interest Series 2003 Bonds, if any, which are designated in the Bond Purchase Contract as Current Interest Series 2003 Term Bands shall also be subject to redemption prior to their stated maturity dates, without a redemption premium, in part by lot, from mandatory sinking fund payments in the amounts and in accordance with the terms to be specified in the Bond Purchase Contract. The principal amount of each mandatory sinking fund payment of any maturity shall be reduced proportionately by the amount of any Current Interest Series 2003 Bonds of that maturity optionally redeemed prior to the mandatory sinking fiord payment date. The Bond Purchase Contract may provide that the Current Interest Series 2003 Bonds shall not be subject to mandatory sinking fiord redemption. The Capital Appreciation Series 2003 Bonds, if any, which are designated in the Bond Purchase Contract as Capital Appreciation Series 2003 Term Bonds shall also be subject to redemption prior to their stated maturity dates, without a redemption premium, in part by lot, from mandatory sinkuzg fund payments in the amounts and in accordance with the terms to be specified in the Bond Purchase Contract. The principal amount of each mandatory sinking fund payment of any maturity shall be reduced proportionately by the amount of any Capital Appreciation Series 2003 ~orssc 7 :3 ~ nx» . ~ 6 Bonds of that maturity optionally redeemed prior to the mandatory sinking fund payment date. The Bond Purchase Contract may provide that the Capital Appreciation Series 2003 Bonds shall not be subject to mandatory sinking fiord redemption. The Auditor-Controller of the County is hereby authorized to create such sinking funds ar accounts for the Series 2003 Bonds as shall be necessary to accomplish the purposes of this section. (c) Notice of Redemption. Notice of optional, unscheduled or contingent redemption of any Series 2003 Bonds shall be given by the Paying Agent upon the written request of the District. Notice of any such redemption of Series 2003 Bands shall be mailed postage prepaid, not less than 30 nor mare than 60 days prior to the redemption date (i) by first class mail to the respective Owners thereof at the addresses appearing on the bond registration books described in Section $(c), (ii) by secured mail to all organizations registered with the Securities and Exchange Commission as securities depositories, (iii) to at least two information services of national recognition which disseminate redemption information with respect to municipal securities, and (iv) as may be further required in accordance with the Continuing Disclosure Certificate of the District described in Section 15. Each notice of redemption shall contain all of the following information: (i) the date of such notice; (ii) the name of the Bonds and the date of issue of the Bonds; (iii) the redemption date; (iv} the redemption price; (v) the dates of maturity of the Bonds to be redeemed; (vi} (if less than all of the Bonds of any maturity are to be redeemed) the distinctive numbers of the Bonds of each maturity to be redeemed; (vii) (in the case of Bonds redeemed in part only) the respective portions of the principal amount of the Bonds of each maturity to be redeemed; (viii) the CUSIP number, if any, of each maturity of Bands to be redeemed; (ix) a statement that such Bonds must be surrendered by the Owners at the principal corporate trust office of the Paying Agent, or at such other place or places designated by the Paying Agent; and (x) notice that further interest on such Bonds will not accrue after the designated redemption date. (d) Effect of Notice. A certificate of the Paying Agent or the District that notice of call and redemption has been given to Owners and to the appropriate securities depositaries and information services as herein provided shall be conclusive as against all parties. The actual receipt DOCSSC 1:3170Q I .1 by the Clwner of any Series 2003 Bond or by any securities depository or information service of notice of redemption shall not be a condition precedent to redemption, and failure to receive such notice, or any defect in the notice given, shall not affect the validity of the proceedings for the redemption of such Bonds or the cessation of interest on the date fixed for redemption. When notice of redemption has been given substantially as provided for herein, and when the redemption price of the Bonds called for redemption is set aside for the purpose as described in subsection (f) of this Section, the Bonds designated far redemption shall become due and payable on the specified redemption date and interest shall cease to accnie thereon as of the redemption date, and upon presentation and surrender of such Bonds at the place specified in the notice of redemption, such Bonds shall be redeemed and paid at the redemptian price thereof out of the money provided therefor. The Owners of such Bonds so called for redemption after such redemption date shall look for the payment of such Bands and the redemption premium thereon, if any, only to the interest and sinking fund or the escrow fund established for such purpose. A11 Bonds redeemed shall be cancelled forthwith by the Paying Agent and shall not be reissued. (e) Right to Rescind Notice. The District may rescind any optional redemption and notice thereof for any reason an any date prior to the date fixed for redemption by causing written notice of the rescission to be given to the owners of the Bonds sa called for redemptian. Any optional redemption and notice thereof shall be rescinded if for any reason on the date fixed for redemption moneys are not available in the interest and sinl~ing fund or otherwise held in trust for such purpose in an amount sufficient to pay in ft~l on said date the principal of, interest, and any premium due on the Bonds called for redemption. Notice of rescission of redemption shall be given in the same manner in which notice of redemption was originally given. The actual receipt by the owner of any Bond. of notice of such rescission shall not be a condition precedent to rescission, and failure to receive such notice or any defect in such notice shall not affect the validity of the rescission. (f) Redemption Fund. Prior to or on the redemptian date of any Bonds there shall be available in the interest and sinking fund of the District, or held in mist for Stich purpose as provided bylaw, monies for the purpose and sufficient to redeem, at the premiums payable as in this resolution provided, the Bonds designated in said notice of redemption. Such monies so set aside in any such escrow fiord shall be applied on or after the redemptian date solely for payment of principal of and premium, if any, an the Bonds to be redeemed upon presentation and surrender of such Bonds, provided that all monies in the interest and sinking fund of the District shall be used for the purposes established and permitted by law. Any interest due on or prior to the redemption date shall be paid from the interest and sinking fund of the District, unless otherwise provided for to be paid from such escrow. If, after all of the Bonds have been redeemed and cancelled or paid and cancelled, there are monies remaining in the interest and sinking fund of the District or otherc~rise held in mist for the payment of redemption price of the Bonds, said monies shall be held in or returned or transferred to the interest and sinking fund of the District for payment of any outstanding bonds of the District payable from said fund; provided, however, that if said monies are part of the proceeds of bonds of the District, said monies shall be transferred to the fund created for the payment of principal of and interest on such bonds. If no such bonds of the District are at such time outstanding, said monies shall be transferred to the general fund of the District as provided and permitted bylaw. DaC'SSC i 317001.1 g (g} Defeasance of Bonds. If at any time the District shall pay or cause to be paid or there shall otherwise be paid to the Owners of any or all outstanding Bonds all of the principal, interest and premium, if any, represented by such Bonds at the times and in the manner provided herein and in the Bonds, or as provided in the following paragraph, or as otherwise provided by law consistent herewith, then such Owners shall cease to be entitled to the obligation of the District as provided in Section 11 hereof, and such obligation and all agreements and covenants of the District and of the County to such Owners hereunder and under the Bonds shall thereupon be satisfied and discharged and shall terminate, except only that the District shall remain liable for payment of all principal, interest and premium, if any, represented by such Bonds, but only out of monies on deposit in the interest and sinking fiord or otherwise held in trust for such payment; and provided further, however, that the provisions of subsection (h) hereof shall apply in all events. For purposes of this section, the District may pay and discharge any or all of the Bonds by depositing in trust with the Paying Agent or an escrow agent at or before maturity, money or non-callable direct obligations of the United States of America ar other non-callable obligations the payment of the principal of and interest on which is guaranteed by a pledge of the frill faith and credit of the United States of America, in an amount which will, together with the interest to accnie thereon and available monies then on deposit in the interest and sinking fiord of the District, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums} at or before their respective maturity dates. (h) Unclaimed Monies. Any money held in any fund created pursuant to this Resolution, or by the Paying Agent in trust, for the payment of the principal of, redemption premium, if any, or interest on the Bonds and remaining unclaimed for two years after the principal of all of the Bands has become due and payable (whether by man>rity ar upon prior redemption) shall be transferred to the interest and sinking fund of the District for payment of any outstanding bands of the District payable from said fund; or, if no such bonds of the District are at such time outstanding, said monies shall be transferred to the general fiord of the District as provided and permitted bylaw. Section 8. Paying Agent: (a) Appointment. We11s Fargo Bank, N.A., in San Francisco, California, is hereby appointed the initial Paying Agent for the Series 2003 Bonds (the "Pa~~ing Agent"). (b} Principal Corporate Trust Office. Unless otherwise specifically noted, any reference herein to the "principal corporate mist office" of the Paying Agent shall mean the corporate trust office of Wells Fargo Bank, N.A., in San Francisco, California; rop vided, however, that in any case "Paying Agent" shall refer to any successor paying agentlregistrar or transfer agent far the Series 2003 Bonds, and "principal corporate mist office" shall include the principal corporate tnlst office or other office of such successor Paying Agent designated thereby for a particular purpose. (c) Registration Books. The Paying Agent will keep or cause to be kept at its principal corporate mist office sufficient books far the registration and transfer of the Series 2003 Bonds, which shall at all times be open to inspection by the District, and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered ar transferred on said books, Series 2003 Bonds as provided in Section 9 hereof. DOCSSC 1:3170(11.1 (d) Payment of Fees and Expenses. The fees and expenses of the Paying Agent not paid from the proceeds of sale of the Bonds shall be paid in each year from the interest and sinking fund of the District, insofar as permitted by law, including specifically by Section 15232 of the Education Code of the State of California. (e) Replacement or Resignation of Paying Agent. If, at any time, the County shall determine to replace the Paying Agent then acting hereunder, or if the Paying Agent shall submit its resignation, then the County Treasurer shall, in his or her sole discretion, immediately appoint a successor paying agent to act as Paying Agent hereunder; provided that, if an immediate successor cannot be found, then the replacement or resignation of the Paying Agent shall not take effect for a period of 30 days, unless the County Treasurer shall agree to act as paying agent hereunder until such successor paying agent is able to assume the duties of Paying Agent hereunder. Section 9. Transfer Under Book-Entry System; Discontinuation of Book-Entry System: (a) The Series 2003 Bonds shall be initially issued and registered as provided in Section 4. Registered ownership of such Series 2003 Bonds, or any portion thereof, may not thereafter be transferred except: (i) To any successor of Cede & Co., as nominee of The Depository Trust Company, or its nominee, or to any substitute depository designated pursuant to clause (ii) of this section (a "substitute depository"); provided, that any successor of Cede & Co., as nonunee of The Depository Tnist Company or substitute depository, shall be qualified under any applicable laws to provide the services proposed to be provided by it; (ii) To any substitute depository not objected to by the District or the County, upon (1) the resignation of The Depository Trust Company or its successor (or any substinite depository or its successor) from its functions as depository, or (2) a determnation by the County (upon consultation with the District) to substitute another depository for The Depository Trust Company (or its successor) because The Depository Tnzst Company or its successor (or any substitute depository or its successor) is no longer able to carry out its functions as depository; provided, that any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided bar rt; or (iii) To any person as provided be1oR~, upon (1) the resignation of The Depository Tnlst Company or its successor (or substitute depository or its successor) from its functions as depository, or (2) a determination by the County (upon consultation with the District) to remove The Depository Trust Company or its successor (or any substitute depository or its successor) from its functions as depository. (b) In the case of any transfer pursuant to clause (i) or clause (ii) of subsection (a) of this section, upon receipt of the outstanding Series 2003 Bonds by the Paying Agent, together with a written request of the District or County to the Paying Agent, a new Series 2003 Bond far each maturity of Current Interest Series 2003 Bonds and each maturity of Capital Appreciation Series 2003 Bonds shall be executed and delivered (in the case of Current Interest Series 2003 Bonds, in the aggregate principal amount of the Current Interest Series 2003 Bonds then outstanding, and in the case of Capital Appreciation Series 2003 Bonds, in the aggregate maturity value of the Capital Appreciation Series 2003 Bonds then outstanding), registered in the Warne of DOCSSC 1:3 l 7001.1 I D such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the District or County. In the case of any transfer pursuant to clause (iii) of subsection (a) of this section, upon receipt of the outstanding Series 2003 Bonds by the Paying Agent together with a written request of the District or County to the Paying Agent, new Series 2003 Bonds shall be executed and delivered in such denominations, numbered in the manner determined by the Paying Agent, and registered in the names of such persons, as are requested in such written request of the District or Caunry, sub)ect to the limitations of Section 5, and thereafter, the Series 2003 Bonds shall be transferred pursuant to the provisions set forth in Section 10 of this resolution; provided, that the Paying Agent shall not be required to deliver such new Series 2003 Bonds within a period of less than 60 days after the receipt of any such written request of the District or County. (c) The County, the District and the Paying Agent shall be entitled to treat the person in tivhose name any Series 2003 Bond is registered as the owner thereof, notwithstanding any notice to the contrary received by the County, the District or the Paying Agent; and the County, the District and the Paying Agent shall have no responsibility for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owners of the Series 2003 Bonds, and neither the County, the District or the Paying Agent shall have any responsibility or obligation, legal or otherwise, to the beneficial owners or to any other party, including The Depository Trust Company or its successor (or substitute depository or its successor), except for the Owner of any Series 2003 Bonds. (d) So long as the outstanding Series 2003 Bonds are registered in the name of Cede & Co. or its registered assigns, the District, the County and the Paying Agent shall cooperate with Cede & Co., as sole Owner, or its registered assigns in effecting payment of the principal of and. interest on the Series 2003 Bonds by arranging for payment in such manner that funds for such payments are properly identified and. are made immediately available (e.g., by wire transfer) on the date they are due. Section 10. Transfer and Exchange: (a) Transfer. Following the termination or removal of the depository pursuant to Section 9 hereof, any Series 2003 Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 8(c) hereof, by the Owner thereof, in person or by the duly authorized attorney of such Owner, upon surrender of such Series 2003 Bond to the Paying Agent for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Paying Agent. Whenever any Series 2003 Bond or Bonds shall be surrendered for transfer, the designated County officials shall execute and the Paying Agent shall authenticate and deliver, as provided in Section 4, a new Series 2003 Bond or Bonds of the same series, maturity, interest payment mode and interest rate (in the case of Current Interest Series 2003 Bands, for a like aggregate principal amount, and in the case of Capital Appreciation Series 2003 Bonds, for a like aggregate maturity value). The Paying Agent may regture the payment by any ORmer of Series 2003 Bonds requesting any such transfer of any tax or other governmental charge required to be paid with respect to such transfer. No transfer of any Series 2003 Band shall be required to be made by the Paying Agent during the period from (1) the close of business on the applicable Record Date to and including the succeeding interest date, or (2) the close of business on the date on which notice is vocssci: »ooi.r 11 given that such Series 2003 Bond has been selected for redemption in whole or in part, to and including the designated redemption date. (b} Exchange. The Series 2003 Bonds may he exchanged far Series 2003 Bonds of other authorized denominations of the same maturity and interest payment mode, by the Owner thereof, in person or by the duly authorized attorney of such Owner, upon surrender of such Series 2003 Bond to the Paying Agent for cancellation, accompanied by delivery of a duly executed request for exchange in a form approved by the Paying Agent. Whenever any Series 2003 Bond ar Bands shall be surrendered for exchange, the designated County officials shall execute and the Paying Agent shall authenticate and deliver, as provided in Section 4, a new Series 2003 Bond or Bonds of the same maturity and interest payment mode and interest rate (in the case of Current Interest Series 2003 Bonds, for a like aggregate principal amount, and in the case of Capital Appreciation Series 2003 Bands, for a like aggregate maturity value). The Paring Agent may require the payment by the Ov~mer requesting such exchange of any tax or other government<t1 charge required to be paid with respect to such exchange. No exchange of any Series 2003 Bonds shall be required to be made by the Paying Agent during the period from (1) the close of business on the applicable Record Date to and including the succeeding interest date, or (2) the close of .business on the date on which notice is given that such Series 2003 Bond has been selected for redemption in whole or in part, to and including the designated redemption date. Section 11. Obligation to Levy Taxes to Pay Bands: The money for the payment of principal, redemption premium, if any, and interest v~th respect to the Series 2003 Bonds shall be raised by taxation upon all taxable property in the District and provision shall be made for the levy and collection of such taxes in the manner provided by law and for such payment out of the interest and sinking fund of the District, and the Board of Supervisors of the County hereby covenants to levy ad valorem taxes for the payment of the Series 2003 Bonds on all property in the District subject to taxation by the County without limitation as to rate or amount (except certain personal property which is taxable at limited rates). Section 12. Sale of Bonds; Bond. Purchase Contract: The Series 2003 Bonds shall be sold to the Underwriter not later than May 6, 2003. The Bond Purchase Contract submitted to and on file with the Clerk of this Board of Supervisors providing for the sale by this Board of Supervisors and the purchase by the Underwriter of the Series 2003 Bonds at a purchase price to be set forth therein (which purchase price shall be approved by the County Treasurer, this Board of Supervisors hereby expressly delegating to such officer the authority to execute the Bond Purchase Contract on its behalf), is hereby approved; provided, that (i) the maximum tnze interest cost on the Series 2003 Bonds shall not be in excess of 7.00°l>; (ii} the maximum interest rate on the Current Interest Series 2003 Bonds shall not be in excess of 9.00% per annum; (iii} the effective compounded rate of interest an each Capital Appreciation Series 2003 Bond shall not exceed 7.00% per annum; (iv) the underwriter's discount shall be as provided in the Investment Banking Agreement between the Underwriter and the District; and (v) the Series 2003 Bonds shall otherwise conform to the limitations specified herein. DOCSSC1317001.1 12 The Bond Purchase Contract shall recite the aggregate principal amount of the. Series 2003 Bonds, and with respect to the Current Interest Series 2003 Bonds, shall recite the date thereof, the maturity dates, principal amounts and annual rates of interest of each maturity thereof, the initial and semiannual interest payment dates thereof, and the terms of optional and mandatory sinking fund redemption thereof; and with respect to the Capital Appreciation Series 2003 Bonds, shall recite the date thereof, the initial principal amounts, maturity dates, and maturity values of each. maturity thereof, the initial and semiannual interest dates thereof, and the terms of optional and mandatory sinking fund redemption thereof. The Band Purchase Contract, together with this Resolution, shall constitute the order of the Board of Supervisors for purposes of Section 15230 of the Education Code of the State of California. The County Treasurer (or an authorized deputy or delegate of the County Treasurer) is hereby authorized and directed to accept the offer of the Underwriter when said offer is satisfactory to the County Treasurer, and to execute and deliver the Bond Purchase Contract on behalf of the County in substantially the form now on file with this Baard of Supervisors, with such changes therein as shall be approved by the authorized officer of the County executing the same, and such execution shall constitute conclusive evidence of the County Treasurer's approval and this Baard of Supervisors' approval of any change therein from the form of such Bond Purchase Contract. Section 13. Deposit anal Investment of Proceeds: (a) The proceeds of sale of the Series 2003 Bonds, exclusive of any premium and accrued interest received, shall be deposited in the County treasury to the credit of the building fund of the District. Any premitun and accrued interest shall be deposited upon receipt in the interest and sinking fund of the District within the County treasury. (b) All fi.inds held by the County Treasurer hereunder shall be invested at the County Treasurer's discretion pursuant to law and the investment policy of the County. A11 ar any portion of the building fund of the District may be invested in the Local Agency Investment Fund in the treasury of the State of California. Section 14. Tax Covenant: The County acknowledges and relies upon the fact that the District has represented and covenanted that it shall not take any action, or fail to take any action, if such action or failure to take such action would adversely affect the exclusion from gross income of the interest payable on the Series 2003 Bonds raider Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and that it will comply with the requirements of the Tax Certificate of the District with respect to the Series 2003 Bonds, to be entered into by the District as of the date of issuance of the Series 2003 Bonds, including acceptance of responsibility for performing any rebate calculations as shall be necessary, and further that such representation and covenant shall survive payment in full or defeasance of the Series 2003 Bonds. The County acknowledges and relies upon the fact that the District has represented that the reasonably anticipated amount of qualified tax-exempt obligations which has been and will be issued by the District, or by any other entity on behalf of the District, in 2003 does not exceed $10,000,000, and this Board of Supervisors on behalf of the District and in reliance upon such representation, hereby designates the Bands to be qualified tax-exempt obligations pursuant to Section 265 (b) (3) (B) of the Code. DOCSSG 1:3I 7001.1 1 3 Section 15. Continuing Disclosure Certificate: The County acknowledges and relies upon the fact that the District has represented that it shall execute a Contintung Disclosure Certificate containing such covenants of the District as shall be necessary to comply with the requirements of Securities and Exchange Comrrv Sion Rule 15c2-12. The County acknowledges and relies upon the fact that the District has covenanted that it will comply with and carry out all of the provisions of such Continuing Disclosure Certificate. Section 16. Limited Responsibility far Official Statement: Neither the Board of Supervisors nor any officer of the County has prepared or reviewed the official statement of the District describing the Series 2003 Bonds (the "Official Statement"), and this Board of Supervisors and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County's investment policy, current portfolio holdings, and valuation procedures, as they may relate to fiords of the District held by the County Treasurer, the County Treasurer is hereby authorized and directed to prepare and review such information for inclusion in the District's Official Statement and in a preliminary Official Statement, and to certify in writing prior to or upon the issuance of the Series 2003 Bonds that the information contained in such section does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they are made, not misleading. Section 17. Approval of Actions: The Chair of this Board of Supervisors, the Clerk of this Board of Supervisors, the County Auditor-Controller, the County Counsel, and the County Treasurer and the deputies and designees of any of them, are hereby authorized and directed to execute and deliver any and all certificates and representations, as may be acceptable to CountST Counsel, including signature certificates, no-litigation certificates, and other certificates proposed to be distributed in connection with the sale of the Series 2003 Bonds, necessary or desirable to accomplish the transactions authorized herein. Section 18. Effective Date: This resolution shall take effect from and after its adoption. PASSED AND ADOPTED this day, January 28, 2003, by the following vote: SUPERVISORS: Ayes: Supervisors Dolan, Josiassen, Yamaguchi and Chair Beeler Noes: None Absent: Supervisor Houx Not Voting: None __ ->" f ~' ...~ 1 -~ ~ ._. - R. J. Beeler, chair Board of Supervisors SO ORDERED. DOCSSC 1:317001.1 14' CLERK'S CERTIFICATE I, Paul McIntosh, Clerk of the Board of Supervisors (the "Board.") of the County of Butte, do hereby certify that the attached is a full, true and correct copy of a resolution and order duly adapted at a regular meeting of the Board duly and regularly and legally held at the regular meeting place thereof on January 28, 2003, and entered in the minutes thereof, of which meeting all the members of the Board had due notice and at which a quontm thereof was present; that at said meeting said resolution was adopted by the following vote: AYES: Supervisors Dolan, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSTAIN: None ABSENT: Supervisor Houx An agenda of said meeting was posted at least 72 hours before said meeting at 25 county center Drive, Oroville, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. A copy of said agenda is attached hereto. 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. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in frill force and effect. ~UI`l`NESS my hand this 2~t~lay of January ,2003. ,,~ Clerk of the Board of Supervisors County of Butte DOCSSC 1:31701.1 EXHIBIT A [Form of Current Interest Series 2003 Bond] Number UNITED STATES OF AMERICA Amount R_ STATE OF CALIFOIZMA S __ COI JNl'Y OF BUTTE OROVILLE CI"I`Y ELEMENTARY SCE-TOOL DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES 2003 C:UI~RENT IN"TEREST BOND This bond is part of an issue of bonds which have been designated by the issuer as qualified tax-exempt obligations for purposes of section 265(b}(3} of the Internal Revenue Code of 1986. Maturity Date Interest Rate Dated as of CUSIP NO. August 1, __°1o February 1, 2003 _ Registered Owner: CEDE & CO. Principal Sum: DOLLARS On behalf of the Oroville City Elementary School District, Counry of Butte, State of California (herein called the "District"}, the County of Butte (the "County") hereby acknowledges itself obligated to arld promises to pay, but only from taxes collected by the Counry for such purpose pursuant to Section 15250 of the F,ducation Code of the State of California, to the registered owner identified above or registered assigns, on the maturity date set forth above or upon prior redemption hereof, the principal sum specified above in lawful money of the United States of America, and to pay interest thereon in lilte lawhil money at the interest rate per annum stated above, commencing on February L, 2004, and thereafter on February 1 and Auso ist 1 in each year, until payment of said principal sum If this bond is authenticated and registered on any date prior to the close of business on the 15th day of the. month preceding the first interest payment date, it shall bear interest from the date hereo£ If authenticated during the period between a Record Date (as defined below) ~u1d the close of business on its corresponding interest payment date, it shall bear interest from such interest payment date. Otherwise, this bond shall bear interest from the interest payment date immediately preceding the date of its authentication. The principal hereof is payable to the registered owner hereof upon the surrender hereof at the principal corporate trust office (as defined in the Resolution hereinafter described) of the paying agent/registrar and transfer agent of the District (herein called the "Paying Agent"), initially Wells Fargo Bank, N.A. The interest hereon rs payable to the person whose name appears on the bond registration books of the Paying Agent as the registered o~mer hereof as of the close of business on the 15th day of the month preceding an interest payment date (the "Record Date"}, whether or not such day is a business day, such interest to be paid by check mailed to such registered owner at the owner's address as it appears on such registration books, or at such other ac{dress filed with the Paying Agent for that purpose. Upon written request, given no later than the Record Date immediately preceding an interest payment date, of the owner of current interest Bonds (hereinafter defined} aggregating at least $1,000,000 in principal amount, interest will be paid in immediately available funds (e.g., by wire transfer) to an account maintained in the United States as specified by the owner in such request, So long as Cede & Co. or its registered assigns shall be the registered owner of this bond, payment shall be made in immediately available funds as provided in the Resolution hereinafter described. This bond is one of a duly authorized issue of bonds of like tenor (except for such variations, if any, as may he required to designate varying series, numbers, denominations, interest rates, interest payment modes, maturities and redemption provisions), amounting in the aggregate to ~ ,and designated as `Y~roville City Elementary School District General Obligation Bonds, Election of 2002, Series 2003" (the "Bonds"). The Bonds nc~cssc~:3t7ooi.t A-l were authorized by a vote of at least 55°,~~ of the voters voting at an election duly and legally called, held and conducted in the District on November S, 2002. The Bonds are issued and sold by the Board of Supervisors of the County of Butte, State of C:alifortva, pursuant to and in strict conformity with the provisions of the Constitution and laws of said State, :uad of a resolution (herein called the "Resolution") adopted by said Boaud of Supervisors on January 28, 2003, and subject to the more particular terms specified in the Bond Purchase Contract executed by the District and the County an ?003. The current interest Bonds are issuable as fully registered bonds without coupons in the denomination of $5,000 principal amount or any integral multiple thereof, provided that no current interest Bond shall have principal maturing on more than one principal maturity date. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Resolution, Bonds may be exchanged far a like aggregate principal amount of Bands of the same series, interest payment mode, interest rate, and maturity of other authorized denominations. Tlus bond is transferable by the registered owner hereof, in person or by attorney duly authorized in writing, at the principal corporate trust office of the Paying Agent, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution, and upon surrender and cancellation of this bond. Upon such transfer, a new Bond ar Bonds of authorized denomination or denominations of the same series, interest payment mode, interest rate, and sarne aggregate principal amount will be issued to the transferee in exchange herefor. The County, the District and the Paying Agent may treat the registered owner hereof as the absolute owner hereof for all purposes, and the County, the DISCCICC and the Paying Agent shall not be affected by any notice to the contrary. The current interest Bonds are subject to optional and mandatory sinl~ing fund redemption on the terms and subject to the conditions specified in the Resolution, and as shown in the attached Redemption Schedule. If this bond is called for redemption and payment is duly provided therefor, interest shall cease to accnie hereon from and after the date fixed for redemption. In reliance upon the representations, certifications and declarations of the District, the Board of Supervisors hereby certifies and declares that the total amount of indebtedness of the District, including the amount of this bond, is within the linut provided by law; that all acts, conditions and things required by law to be done or performed precedent to and in the issuance of this bond have been done and performed in strict conformity with the laws authorizing the issuance of this bond; and that this bond is in substantially the form prescribed by order of the Board of Supervisors duly made and entered on its minutes. The Bonds represent an obligation of the District payable out of the interest and sinking fund of the District, and the money> for the payment of principal of, premium, if any, and interest hereon, shall be raised by taxation upon the taxable property of the District. This bond shall not be entitled to any benefit under the Resolution, ar become valid or obligatory Eor any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed by the Paying Agent. vOCSSC I :31 X001.7 A-~ IN WITNESS WHEREOF the Board of Supervisors of the County of Butte has caused this bond to be signed by its Chair and by the Treasurer-Tax Collector of the County, and to be countersigned by the Clerk of said Board, as of the date set forth above. of the Board of Supervisors County of Butte Countersigned: Clerk of the Board of Supervisors Treasurer-Tax Collector County of Butte nocssc~:3»oot.~ ~-3 PAYING ACzENT'S CERTIFICATE OF AUTHENTICATION AND REGISTP~ATION This is one of the c~~rrent interest Bonds described in the within-mentioned Resolution and authenticated and registered on ~XjELLS FAIZGO $ANK, N.A, San Francisco, California, as Paying AgentlRegistrar and Transfer Agent By DTC LEGEND Authorized Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"~, to Issuer or its agent for registration of transFer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other naive as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTI-IERUSE HEREOF FOR VALUE OR OTHERWISE BY OR TO 1~N1' PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. [STATEMENT OF INSURANCE] I~OCSSC t :317001.1 A-4 ASSIGNMENT For value received the undersigned do(es) hereby sell, assign and transfer unto _ _ the within-mentioned Registered Bond and hereby irrevocably constitute{s) and appoint(s) ___ _ _ attorney, to transfer the same on the books of the Paving Agent/Registrar and Transfer Agent with fu11 power of substitution in the premises. I.D. Number Dated: NOTE: The signature(s) on 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. Signature Guarantee: Notice; Signature must be guaranteed by an eligible guarantor institution. ~ocssct:3~7oo~.r A-5 REDEMPTION SCHEDULE OIZOVILLE CITY ELEMENTARY SCHOOL DISTRICT GENERAL OBLIGATION BONDS ELECTION OF 2002, SERIES 2003 (Current Interest Bonds) [frvm Bond Purchase Contract] DOCSSC 1:317Q01. I ~-~ EXHIBIT B Number R- [Form of Capital Appreciation Series 2003 Bond] UNT'I'ED STATES OF AMERICA Maturity Value STATE OF CALIFORNIA S COUN"I'Y OF BUTTE OROVILLE CITY ELEMEN'T'ARY SCHOOL DISTRICT GENERAL OBLTGATION BONDS, ELECTION OF 2002, SERIES 2003 CAPITAL APPRECIATION BOND This bond is part of an issue of bonds which have been designated by the issuer as qualified tax-exempt obligations far purposes of section 2G5(b)(3) of the Internal Revenue Code of 1986. Maturity Date August 1, Registered Owner: Initial Principal Amount: Accreted Value at Maturity: Dated as of CUSIP NO. _ , 2003 CF.D E E~ CO, DOLLArzs DOLLARS On behalf o£ the Oroville City Elementary School District, County o£ Butte, State a£ California (herein called the "District"), the County of. Butte (the "County") hereby acknowledges itself obligated to and promises to pay, but only from taxes collected by the County for such purpose pursuant to Section 15250 of the Education Code of the State of California, in lawful money of the United States of America to the registered owner identified above or registered assigns, the "accreted value" hereof on the maturity date specified above [or upon prior redemption hereof], consisting o£ the initial principal amount hereof plus interest earned thereon and accumulated from the date hereof to such date (in accordance with the Resolution hereinafter defined and as reflected in the Table of Accreted Values hereinafter set forth; provided, that any accreted value determined in accordance with the Resolution shall prevail over differing accreted values given in the 'T'able of Accreted Values), commencing on the date hereof, compounded on February 1 and August T of each year commencing on August 1, 2003, assuming in any such semiannual period that this bond shall increase in value by the accumulation o£ earned interest in equal daily amounts on the basis of a 360-day year of twelve 30-day months, until the obligation represented hereby shall have been discharged, as provided in the Resolution hereinafter defined, upon the surrender hereof at the principal corporate mist office (as defined in the Resolution) o£ the paying agentlregistrar and transfer agent of the District (herein called the "Paying Agent"), n~itially ~X/ells Pargo Bank, N.A. This bond is one of a duly authorized issue of bonds of life tenor (except for such variations, if any, as maybe required to designate varying series, numbers, denominations, interest rates or yields, interest payment modes, maturities and redemption provisions), arnaunting in the aggregate to $ principal arnaunt, and designated as "Oroville City Elementary School District General Obligation Bonds, Election of 2002, Series 2003" (the `Bonds"). The Bonds were authorized by a vote of at least 55°l0 of the voters voting at an election duly and legally called, held and conducted in the District on November 5, 2002. The Bonds are issued and sold by the Board of Supervisors of the County of Butte, State of California, pursuant to and in strict conformity with the provisions of the Constitution and laws of said State, and of a resolution (herein called the "Resolution") adopted by said Board o£ Supervisors on January 28, 2003, and subject to the more particular terms specified in the Bond Purchase Contract executed by the District and the County on , 2003. I~OC.SSC1:3170Q1. I ~' I The capital appreciation Bonds are issuable as fully registered bonds without coupons in the denomination of $5,000 accreted value at maturity {the "maturity value"} or any integral multiple thereof, except that the first numbered capital appreciation Bond may be issued in a denomination such that the maturity value of such Bond shall not be in an integral multiple of $5,OJ0, and provided that no Bond shall have principal maturing on more than one principal maturity date. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Resolution, Bonds may be exchanged for a like aggregate manirity value of Bonds of the same series, interest payment mode, and maturity of other authorized denominations. This bond is transferable by the registered owner hereof, in person or by attorney duly authorized in writing, at said office of the Paying Agent, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution, and upon surrender and cancellation of this bond. Upon such transfer, a new Bond or Bonds of authorized denomination or denominations for the same series and interest payment mode and same aggregate maturity value will be issued to the transferee in exchange herefor. The County, the District and the Paying Agent may treat the registered owner hereof as the absolute owner hereof for all purposes, and the County, the District and the Paying Agent shall not be affected by any notice to the contrary. The capital appreciation Bonds are subject to optional and mandatory sinking fund redemption on the terms and subject to the conditions specified in the Resohrtion, and as shown in the attached Redemption Schedule. If this bond is called for redemption and payment is duly provided therefor, interest shall cease to accnte hereon from and after the date fixed for redemption. The Table of Accreted Values attached hereto has been prepared and furnished by the original purchaser of the capital appreciation Bonds, and the County and the District take no responsibility for any inaccuracy therein. In reliance upon the representations, certifications and declarations of the District, the Board of Supervisors hereby certifies and declares that the total amount of indebtedness of the District, including the amount of this bond, is within the limit provided by Iaw, that all acts, conditions and things required by law to be done or performed precedent to and in the issuance of this bond hate been done and performed in strict conformity with the laws authorizing the issuance of this bond, and that this bond is in substantially the form prescribed by order of this Board of Supervisors duly made and entered on its minutes. The Bonds represent an obligation of the District payable out of the interest and sinking fund of the District, and the money for the payment of the manirity value of this band (or redemption price hereof upon redemption prior to maturity), shall be raised by taxation upon the taxable property of the. District. This bond shall not be entitled to any benefit tinder the Resolution, or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed bythe Paying Agent. nocssci:3i~~~or ~ B-2 IN WTINESS WI-IEREOF the Boarcl of Supervisors of the Counter of Butte has caused this bond to be signed by its Chair and by the Treasurer-T""~ Collector of the County, and to be countersigned by the Clerk of said Board, as of the date set forth above. Chair of the Board of Supervisors County of Butte Countersigned: Clerl: of the Board of Supervisors Treasurer-Tax Collector County of Butte i~ocssr t:3 ~ nun .~ B-3 I ~~YING AGENT'S CERTIFICt1TE OF AUTHENTICATION AN'D REGISTRATION registered on "This is one of the Bands described in the within-mentioned Resolution and authenticated and WELLS FARGO BANK, N.A., San Francisco, Ca]ifornia, as Pa}Ting Agent/Registrar and 'Transfer Agent By DTC LEGEND Authorized Unless this certificate is presented by an authorized representative of The Depository Tnist Company, a New York corporation ("DTC"), to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR O`I"I-IERWISE BY OR TO ANY PERSON IS ~X/RONGPUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. [STATEMENT OF INSURANCE] r~ocssc i ~3 ~ n~o~. i ~-4~ ASSIGNMENT For value received the undersigned do(es) hereby sell, assign and transfer unto _ _ the within-mentioned Registered Bond and hereby irrevocabl}r constitute(s) and appoint(s) __ attorney=, to transfer the same on the books of the Paging AgentlRegistrar and Transfer Agent with full power of substiattion in the premises. LD. Number NOTE: The signature(s) on 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. Dated: Signanir-e Guarantee: _ _ Notice: Signature must be guaranteed by an eligible guarantor instinition. DOCSSCl -31700E 1 B-S [TABLE OF ACCRETED VALUES] N~OCSSC 1:317001. l A-6 REDEMPTION SCHEDULE OROVILLE CI I'Y ELEMENT:~RY SCHOOL DISTRICT' GENERf~L OBLIGATION BONDS ELECTION OF 2002, SERIES 2©03 (Capital r'~ppreciation Bonds) [from Bond Purchase Contract] DOCSSCi:317001.1 APPENDIX A PROPOSED FORM OF OPINION OF BOND COUNSEL [Delivery Date] Board of Tnistees Oroville City Elementary School District Oroville, California Oroville City Elementary School District General Obligation Bonds, Election of 2002, Series 2003 (Fi7a1 Opinion) Ladies and Gentlemen: ~~e have acted as bond counsel in connection with the issu~u~ce by the County of Butte, California (the "County"), on behalf of the Oroville City Elementary School District (the "District"), which is located in the County, of $ aggregate principal amotuit of bonds designated as "Oroville City Elementary School District General Obligation Bonds, Election of 2002, Series 2003" (the "Bonds"), representing part of an issue in the aggregate principal amount of $ 6,000,000 authorized at an election held in the District on November 5, 2002. The Bonds are issued tinder and pursu~uzt to a resolution of the Board of Supervisors of the County adopted on Janu.uy 28, 2003 (the "County Resolution"~, at the request of the District pursuant to a resolution of the Board of Tnistees of the District adopted on January 8, 2003 (the "Distract Resolution"~. The Bonds consist of $ aggregate principal amount of current interest Bonds and $ aggregate initial principal (denominational amotmt of capital appreciation Bonds. In such connection, are have reviewed the District Resolution, the County Resolution, the Tax Certificate of the District dated the date hereof (the "Tax Certificate"), certificates of the District, the County, and others, and such other documents and matters to the extent we deemed necessary to render the opinians set forth herein. Certain agreements, requirements ~uzd procedures contained or referred to in the District Resolution, the Count~~ Resolution, the Tax Certificate and other relevant documents may be changed ~uzd certain actions (including, without limitation, the defeasance o1 Bonds) maybe taken or omitted under the circumstances and subject to the terms ~uzd conditions set forth in such documents. No opinion is expressed herein as to any Bond or the interest thereon if any such change occurs or action is taken or onutted upon the advice or approval of counsel other than ourselves. The opinions expressed herein are based on an an~~lysis of existing laws, regulations, rulings and court decisions and cover certain. matters not directly addressed by such authorities. Such opinions may be affected by actions taken or orrritted or events occurring after the date hereof. We have not undertatlcen to determine, or to inform any person, whether ~uiy such actions are tal~en or omitted or events do occur or any other matters come to our attention after the date hereof. Our engagement with respect to the Bonds has concluded with their issuance, and aye disclaim any obligation to update this letter. We have assumed the genuineness of all documents and signatures presented to us (whether as originals or as copies) and the due and legal execution and delivery thereof by, and validity against, any parties other than the District and the County. We have assumed, without undertaking to verify, the accuracy of the factu~d matters represented, warranted or certified in the documents referred to in the second paragraph hereof. I'tiuthermore, we have DOCSSC 1317001.1 A-1 assumed compliance u-ith all covenants and agreements contained in the District Resolution, the County Resolution, and the Tax Certificate, including (without linutation) covenants and agreements compliance with which is necessary to ensure that future actions, onussions or events will not cause interest on the Bonds to be included ui gross income for federal income tax purposes. We call attention to the fact that the rights and obligations under the Bonds, the District Resolution, the County Resohztion, and the Tax Certificate and their enforceability may be subject to bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium and other laws relating to or affecting creditors' rights, to the application of equitable principles, to the exercise of judicial discretion in appropriate cases and to the limitations on legal remedies against school districts or counties in the State of California. We express no opinion with respect to any indemnification, contribution, penalty, choice of law, choice of forum or waiver provisions contained in the documents mentioned in the preceding sentence. We also express no opinion regarding the accreted value table set forth in the capital appreciation Bonds. Finally, we undertake no responsibility for the accuracy, completeness or fairness of the Official Statement or other offering materials relating to the Bonds and express no opinion with respect thereto. Based on and subject to the foregoing and in reliance thereon, as of the date hereof, we are of the following opinions: The Bonds constittnte valid and binding obligations of the District. 2. The District Resolution has been duly and leg~>Ily adopted and constitutes a valid and binding obligation of the District. 3. The County Resolution has been duly and legally adopted and constitutes a valid and binding obligation of the County, 4. The Board of Supervisors of the County has pourer and is obligated to levy ad valorem ta.Yes without linutation as to rate or amount upon all property within the District's boundaries subject to Nation by the District (except certain personal property which is taxable at limited rates) far the payment of the Bonds and the interest thereon. 5. Interest on the Bonds is excluded from gross income for federal income tax purposes under Section 1Q3 of the Internal Revenue Code of 1986 and is exempt from State of California personal income r~Yes. Interest on the Bonds is not a specific preference item for purposes of the federal individual or corporate alternative rninimum taxes, although we observe that interest on the Bonds is included in adjusted current earnings in calculating corporate alternative minimum gable income, We express no opinion regarding any other tax consequences related to the ownership or disposition of, or the accnial or receipt of interest on, the Bonds. Faithfully yours, ORRICK, HERRINGTON & SUTCLIFFE LLP per ~ocssc:~:3~~ooi.~ A-2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA /° 0 o- o ~o JANUARY 2$, 203 O~TF N o' I~ 0 of County su~~r~~so~-s R.J. "Bob" Beeler, District 1 Jane Dolan, District 2 Mary Anne Houx, District 3 Curt Josiassen, District 4 Kim Yar~naguchi, District 5 Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel Officer and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -.T1INUARY ~8, 2003 9 : 0 0 r.. r~ . 1 . 0 0 CALL To ORDER 1.01 Ca.l.l to Order_ - Board of Supervisors Room, County Administration Blau :ding, 25 County Center Drive, Orov~l~e. ~~ . 02 Plc>dge of Al~egiar_ce to tre Flag of the tlr.ited States <~L Amer_ca. .03 Invocation -Reverend Norm Gardner, The Rock Fellowship, Maga~i_a. 2.01 Corrections and/or Changes to the Agenda. 3 . O O CONSENT AGENDA AGRICUZTURE 3.OL * Accept. (;nantcpated Revenue - approvals rea~.e:,ted t:c accept and appropriate ar. additional 563, 737 Win. Glassy- winged Sharpshooter a.:t~vity funds. ''he department: ~r_c_uded 550,000 ~n~t:s fiscal year 2002-2003 budget and has received notice that the fina-! award will be 5113, 737. `T'he additi~;r.al funds wil= be ut~lzea to support trapping, monitoring, inspecting and treatment act,vibes - action requested - APPROVE BUDGET TRANSFER B-238 (4/5 vote required} ACCEPTING AND APPROPRIATING ?INr~NTICIPATED REVENUE AS DE"AILED _N '1'NE AGENDA REPORT. 3.02 * Acrecultural State of Disaster - approval is requested to rat;_fy a -~etrer sgr.ed by Cha'~r Beeler on Jan.Aary 21, 2003, requesting the. Un-ted States Sc:cr<~t,:~.ry cf Agr~cultur e declare ~Y,.at ar; agrc~:ltiral state of ;9isasL~~r exists in Butte County as a res~_rlt of damage to crop trees r_aused by windstorms coupled w~th ran-soaked. grounds - action. requested - RATII'Y ~E'1"i'ER S=GNEJ BY `S'HE CHAIR REQUES~'ING AN AGRICUL'IUP.A~ S'T'A`PE OF L)_SAS'1'ER BE liEC~ARED TN BUTTE COUN'~y. AUDITOR- CONTROLLER 3.03 * Annual Audit Report fOr F1Sf;a l Fear 2001-2002 - s~.zbmitted is the annual Audit Report and Management R~~~porl: for the Fiscal tiear Ended June 30, 2002. 'Th.e report was prepared by tt~e audit firm of Bartic, Basler ~ P.ay, Ccrl_if~ed Public Accountants - action requested - ACCEPT F'OR NFORMA`I'ION. BEHAVIORAL HEALTH 3. G4 * Accept t r'.antlClpat_E'd Revenue - }'C~Utjl DeVe~Opmer'_t anC Crime Prevention Grant -approval is requested to accept and appropriate $32,633 in unexpended fisca-~ year 2001- 2002 Youtr. Deve~opment_ and Crime Preven.t~on Grant funds. The department has received notice that s_t has until September 30, 2G03, to utilize the funds - action requested - APPRCVE BUDGE`T' 1'RANSr'ER 8-236 (4/5 vote required) ACCEPTING AND APPROPRIA'I'_NG UNAN'iCTPA'1'ED REVENUE AS DE'I'AIT,ED IN `IHE AGENDA REPC:RT'. Pnce I .I:ANUARY 28, 2003 BU"f"I'H: COUtiTY BORRD OI' SUPERVISORS AGE~,'DA - JAVU.IRY 2S, 2003 .3.05 * Ac:cc~pt Unanticipated Revenue - Tsed-Cal managed Care Allocation - ~=approval is requested t~ accept and. r=.ppropriate :130, 887 '~r~. addti:;r.al Meth-Cal Managed Care Allocation funds for fiscal year 2002-2003. The additional f~.inds wil be utilized tc support day treatment programs and client transportation. servic^s. `'he depa r rmert is ~) p . ~_SO 1%lnning t~"' lltl _17E' .>~ `~, ~7 for the purchase of a filing system to store confidential cl_ent files and Board approval is also requested for the fixed asset purchase - action requested - APPRCVF BUDGET TRANSI~'ER B-239 (9/5 v:>te require<:} ACC.EPT'ING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED ZN "HE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE 0~' FILING SYSTEM IN THE AMCUNT CF $19,195. 3.06 * North Valley Parent Education Network - Amendment - approva-mss requested for an arrrendrnent to the agreement. with North Valley Parent. Education Network for the provision of outpatient drug-free individual counsel~r.q ar.d edur_aticn groups. The .amendment reduces the maxralum amOUnt payable by 53, nl ~ ~'~ and rE'V1SeS the prcgraI'l budget to reflect the decry:.asc. A.-~l other terms and provisions remain. the same - action requested - APPROVE AGREEMEN`T' AME'NDMEN`T' AND AL'THCRIZE THE CHAIR TO SIGN SUBJEC'T' `I'0 REVIEW BY CCUN'Y CCUNSEI~ AND `~ HE AUDITCR- CCN~'RC1LER. (Contract No. X13676) 3.07 * Tri -County Treatment -Amendment -approval is rt: quested for an <:mer_dment to the agreement w~th Tri-County `1'reatmer7t for the provision of short-~erm reslder.t.ai,. reco~.°ery ser`~ces. The amendment increases the maximum amount payable by X72,892.85 (department budget} and revises tY:~ scrvic~~> surnrnary t,o reflect the increase. All other terms anc~ provisions rerla~rr the same - act~on req~~cste.d - APPROVE ACRF.EMENT i~MENDMENT AND A?JT`~CR_GE' `l'HE CHAIR TO SIGN SUBJECT '~O REV~EW BY COUNTY COUNSI,;I~ F>NL) 'T'HE AUD~"_'OR-CON'1'RC~L'1'R. (Ccrtract Nc. X"......_.3756) 3.vtS k~ '~)L<~v1~..~lE:, ~1"Spltd-''._ - Firncr:drncr'.t - a~;~r;;Vdl ~5 reJ.;e"';tc'C~. for ar. amendmcr.t to thn agreement with Oroville Hospital for_ the provision of in_tia~ rnc:dicdl evalraton: ser`~~ces for individuals prior to admission to the County`s Psychiatric Hea'!th Faci~ity. The amcr.dmcnt revises the contract ~ar:gunge under the Descr_ption of Services and Req~.Airernents section, and tr~_e Author~zat~ons ar.d Consultation/Evaludt.on Requests section. All other terms and ~rov,si ores remain the sarr~.e - act~on requested - APPRCVF AGREEMENT AMENDMENT AND At1THCRiLE THE CHAIR TO SIGN SUB~7EC'" TO REVIEW B" COUNTY COUNSEL AND 'PHE AUDITOR-CONTRC~LER. (Contract No. X1391.0} PAGE 2 .IANhARY 2S, 2003 BU"GTE COU:~''I'Y I30ARD OF' SUPERVISORS AC:EVDA -JANUARY 28, 2~~3 3.09 * Right Rca:~ Recc~~ery Programs, Inc. - AmESndmer_t - approval is requested fer are amendment to the agrec~m~~nt with Right Rc;ad Recovery Programs, In.^ . , for the pra~~sion of outpatient drug-free individual r_o.znsc:l~ng and short-tf~rm residential treatment services. 's'he arriendment decreases the maximum amount payable by c~~, ?'~'~, ar.d rP r',_SPS tr!E` SerV_r`P rRirl,~r~~,r tO rPf_PCt t}!e decr~~~ase. All ether terms and prcv ._or;s rer-lair, the same - ~:ct_on requested - APPROVE AGREEMENT AMENDMENT' AND AAtJTHORIGE ~'HE r~'HAIR '~'O SIGN SUBJECT' TO REVIEW BY COUNTY rCUNSEL AI~'D THE AUDITOR-CONTROLLER. (Contract No. XI3-719} 3.)J * C~~:erokee Restoration. Fe-_lowship Amendment - approti~a~ .s requested fer ar. amendment to t'~ic agreerner.t w~th. CherckEe Restoration Fellowship for ttrc provision of residential treatment services for drug and alcoho_ abuse . 'The amendment increases the maximrrm ar-u>ur.t~ payab..e by $G 3, 759. 59 (department budget} ar.d revises Lhe service summary to reflect the increase. All ether terms and provisions rer~tain the same - action requested - APPROVE ACREEMEN'_' AMENDMEN`T' AND AU'~'HORI2E 'i'HE CHAR 'i'G SIGN SUBJECT TC R.EVIE`~' BY CCUN'Y COUNSEL AND THE AUDITOR-C'ON`TROLLER. (Contract Nc. X13795) 3.11 * Youth For Change -Amendment - approva~ is requested fer arr arner.dm~~~nt to the agreement with Youth For Chnnae for the prov~sion c;f specialty mental health services, a day rehabilitation program and rledica~~ion support to adolescent clients rc~e~,vir.g Meth.-Cal benefits. 'i't.,e amc~ndrner:L decreases the max~m~~_m amount payak>le by S5, C00 and revises the f~nar.:ca. summary to reflect 'she decrease. Al-_ other terms and proT,~isi_ons remain t:rc> same - action requested - r'~PPROVE AGREEMENT F.MENDMENI' ;r~,"J r) AJ`'_'1-ORI7,E THE C13AIR ~0 SiGN. (Contract No. X13782) CHIEF' ADMZNISTRATIVE OFFICE 3.12 * nterim D~rector - Department of PUh-ic Health - Gary HUUSe, P~rt.c:tvr C;f rli;J~i: l~eal~}'_, ~laS a:ir:GLanC~~~ h~S retirement effcct~ve March 28, 2003. Mr. House intends to leave County Pmploymer.t s_~r.?ct:im::-titer tt~.is month and utilize accrued vacation until his retirement date. The Chief Admir.istrat;e Gif-cer is recommending the: Board appoint J~m BoLi~1, Assistant Director of F't.b_ic Health, a.s Interim Director, at the benchmark salary fer th_e pcs_t~on, ~nti~ a perrnancnt, replacement has been made - act.-ion requested - APPOTN`I' JIM BO`l'IL•J AS THE INTERIM DIRECT'CR OF THE PUBLIC HEALTH DEPART'MENT', A`I' TIi.E BENCHMARK SA GARY FOR SHE POSII'IC>N, Ef'~'EC'I'IVE UPON THE DEPARTURE' OF GARY HOUSE ON VACATION AND TER_~!1NA'T'ING UPON THE EMPLOYMENT OF A FULL-'_~IME DIRECTOR. PAGE 3 JANUARY 28, 2003 BU"TTE COU:V"TY BOARD OF SUPERVISORS AGE'.VUA -.IA'VUARY 28, 2003 3.13 * 2003 Legislative/Regulatory P~atform - consideration of the .adoption: of the 2003 Legslatve;Re:~u~atory Platform as amended by Board direction.. at. the rneetincs of December 10, 2002 - a~~~tion rcgr~ostod - ADOPT 2'003 LEGISLATIVE%REGULATCR`_' PLATFORM AS PRESEN'_ED. CLERK OF TxE BOARD 3.14 * Durham Mosquito Abatement District - action requested - APPO1Ni' THOMAS E'. VANEL,LA, I'RUSlEr~, 10 A VACATED TERM TO END DECEMBER 31, 20C)6. 3.15 * Animal Control Advisory Board - action requested - APPOIN`1' CA'T'HY AUGROS, BU'I"'E HUMANE SOCIETY REPRESENTATIVE. 3.-5 * Butte Cc;lnty pair Board - action regt!ested - REA~'POlN`' CLARENCE VvILLIAMS AND GARY ANDES, D=SR~CT 4 REPRESENTATIVES, TO TERMS TO END JANCJrT~RY 8, 200?. EMPLOYMENT AND SOCIAL SERVICES 3.17 * Northern Valley Catholic Social Service - Amendment - approval ~s requested for ar: arnc~ndrnc~nt t.o t;},.e agreement with Northern Val~~ey Catholic Social Serv~ce for C'al- Learn Program Case mrnc"1gE'_rllE?'lt SP.rV1CE'S. '_'11C> a[Tler:di'.lerlt increases the monthly rate for case managomcr.t by :~56 per case. The maximum amount payable for the agreement is not increased ar_d all other terms and provis;~or_s remain tY~e saute - action requested - APPROVE AGREE'_~IrNT AMENDMENT' AND AU''HORlGE ~'HE :'HAIR `PO S1GN. (Contracf~ No. X11259) 3.10 * Northern Valley Catho~ic Social Service - Amendment - approval-s requested far ar_ amendment to the agreemc_nt: with Northern Valley Catholic Social Service for the provisior_ of ;:ounscing ar:d assessment services to Childre~rl's Sorv_ces clients. 'I'Y-.e arner_drr~er.t increases the max_m,~m amo.~nt payable by $7';, 000. '1'o fur:d tY_e agreement the depart_mer.t is requesting the Board approve the appropriation of :;?5, OCO _~n tnar.t_ici gated F,edoral Temporary Assistance for Needy F~r^,i~~es (TANF) Gue_fare P~~rfnrmance Incentive funds, and to encumber that amount in the CalWORKs budget unit for payment of the agreement - acti^n requested - APPROVE BUDGET TRANSt'ER B-230 (4/5 vote req~_ired) T~>CC"EP'I'_NG AND AP~RCPRIATING UNANTICIPATED FEDERAL TANF RE`v%ENtJE AS DE`B'T 1LED 1N THE AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIGE 'T'HE' CHAIR T'O SIGN. (Contract No. X~~3635} PAGL 4 ~A.VUARY 28, 2003 BhTTE LOh\'Tt' BOAKU OF ~hPER~'ISORS r1GEtiUA -.~:1V1 :1RY 2$, 2003 3.19 " Private industry "c>uncil - Amendment - approval is requested for ar. amer.dmer_t. to the agreement with the Private Ir.drstry C^unr,il for the prc;visior. <~f emplc,yrnerat. services and activities for Ca_[~v'ORK.:~ participants. The amendment increases the maximum amount payable by X500, 000. 'To fund tr:e agreemer~.t the department is req,westir._T the Beard apprc;ve t~r.e appropriation ~~~f $500,000 in unanti.^ipat_ed Federal 'Temporary Assistance for Needy Eam_l~cs (TANF) Welfare Performance lnc,cantive funds, ar.d to enr,umber that amount i n the Ca~! `~,'ORKs budget unit for payment of the agrcemer.t - ~r,tion requested - APPROVE BUDGET TRANSFER B-231 (4/5 vote required) ACCEPTING AND APPROFRIP.TING UNANTICIPATED EEDERA ~ 'i'Aiv'F REVENUE AS L;E`~AILED IN THE AGENDA REPOR'_~'; AND APPROVE T~GREEMEN'_' AMETJL)MEN1' AND A1J`1'HCRIZE 'THE CHAR ''O SIGN. (Contracts Nc. X13305) 3.30 Butte County Department of Behav~ora: Health - Mer-~or andum of Understanding - Amen dment. - approval is requested for an amendment tc the Memorandum of Understanding wits the Behavioral Nea_th Department for Lhe pro~~riszcn of subst~Gnce abuse and mental health treatment services for CalWCRKs partcipa:.ts. The amer.dmer_t extends t}.e tc rrn of tale agreement tY.rar~gh rune 3u, 2003, set s the r'lax_mum amount; payable for fiscal year 2002-2003 at $",236,408 (department budget) anal includes language regarding domestic violence services for Cal`WCRKs participants. A11 ether terms and pre is,_ons remain the same - actlor~: requested - APPROVE AGREEMEN'T' AMENDMENT' AND AU'I'HCRILE 'THE CHAIR TC SIGN. (Contract No. X10903) FIRE 3.21 `~,o . ~.rtcer Fire Assistance Grant - approval i s requested for a gr,~nt ;~greemenr_ with the State Department of ,. r'orestry and r'~re Protect,_on for :~5, OGO f:-om `_rEr Cccperati~~>e F;;restr~,~ Assistance Act, voltir:teer Fire Ass-...-star~_ce Program. The grant funds wi~1 be ut_1_zed to pur _has pa~a<~rs for volur.tec~r firefghCers. `T'he grant. program is for a ?.;L.ai of $12, 000 ..nd rc,q.aires d C~~unty match of $6,000 (departmcr.t budget) -act-~on requested - ADOPT RESO~UTICN P.PPRCVING GRANT AWARD AGR.EEMF_NT AND AU'?'EOR~ZE '.`HE CHAlR 'TC SLLGN (AGR.EEMEN`~' SUB~~ECT T'O REVIELti BY C;OtJN`I'Y COUNSEL AND 'THE AUDl'1'OR-CON`T'ROLLER} . (Contract No. X40424} GENERAL. SERVICES 3.22 * Superior Court C;t mod'-1fOrnla, I,JUnty' Of B'atte C`c~.~rthouse Expansion Project Budget `T'ransfer - approval ~s requested to accept and appropriate $37,49 frcrn th_c Superior Court of California, County of Butte to the Courthouse Expansion. budget unit to provide an appropriat-on to pay for archtectura~ ar,.d civil er.gineernq services far the courthouse expansion project. - action req~.:est.ed - APPROVE BUDGE`, 'I'RANS~'ER 8-241 (415 vote requested) I`~CCEPTING AND APPROPRIA'T'ING UNANTICIPATED COURT REVENUE AS DETAILED IN THE r'?GENDA REPORT. PnGE 5 .1A'VIJARY 2$, 2003 BUTTE COU:V"I'Y BO:1RD OF SUPERVISORS AGE:V[)A - .IA'VUARY 28, 2003 3.23 ~~tat<~ of ,`alifornia, Board of Corrections - Amendment - apprcva~ i s requested for an arrendrnent to the rever.lre _greemer,,t wt.n the State of tlalforn~a, Board of Cor_rect~ons for funds for the construction oL the r.ew juvenile ha-~1. 'Phe amendment extends tY:e terra of the aureernent to May 31, 2003, which ;~s tY:e revised ' , construt~ ~ on corr.p eticn date:. Alm other tcrrns and prcv_sons remain the same - action rcgr.ested - APPROVE AGREEMEN'T' AMENDMEN`T' AND AUT'HOR.I7E T-.E CHAIR TO SIGN. (Contract No. 840313) HUMAN RESOURCES 3.24 * Resolution to Amend the Salary Ordinance - a resolution has been prepared to amend the salary ordinance as follows: AUDITOR-CON`T'ROLLER - adds or_e sunset posit~cn of Senior Account Clerk (ending June 30, 200.3}. PROBATION-JUVENILE HALL - adds one sunset. pos-tion of Supervisor-Juveni~e Hal (ending June 30, 2003). PROBATION - adds two f~exibly staffed posytions of Probation. Officer I~I/II/I ar.d one t_exib~y staffed position of Legal Secretary T/.Legal 'T'ypist Clerk. Deletes one flexibly st-affed position cf Inrormat.ion System Analyst 111-1Tr~:forrnaton. Systems 'I'e.~.h-~:cian III and adds one flexibly staffed p;stor~: of Information Systems Ar.altist, iTI/II/I. 1Nr'ORMA'T'ON SYST'E'MS -deletes one position of Information Systems Technician _I and adds one flexibly staffed position of Information Syster.:s Technician: III/IIII. ADMINISTRATIVE-CENTRAL CC)MMUNICP.TIONS - deletes one flexibly staffed position of O~~fice Assistant TII/I/I and adds one flexibly staffed position. of A;lrn'_n_stratve Services _ ~, Assrstar.tlPr_ncipa~ <'lerk/Ofrice Ass_st_ant- TTIliT/- action requested - AD P`I' RFS ,'LUTICN AND ftJT'HORTGE '_HE CHAIR 'I'O SIGN. .r _; _ - .~> * Memoranda of Understand~r:g - Er.~p~oyee Bargain-~nq Units - approval is requ:~sted for successor Memoranda. of LJnderstar,d;~ng with the Butte C<urnty Manaaemr r:t Ern~;l~~yees Associ-cation, Bette Co~.nty Correct_onal Jfficers AS5O;:;idt ~_On, ~.,(Jrnrl'll n ..C:~ i~)n w"VC.~r}{t'rS Ci =ilTt~triCd ;~~~_d-''.- Services Unit, Butte County Probation Peace Officers Association, and Bute County Prcfessiona~_ Employees Associai-ion, and an arner.drrer~.t to the Memorandum of Understanding with the Butte County Employees Association that contain the: fo~lowing major pr;v~s~ons: -) an increase in Corr.ty contribution to the ernp_oyee health premiums effective January 1, 2003; 2) a 2.5i %•ost of living al-_owance increase effective September 28, 2002; 3} a reopening c'~ause upon impl^mer.taticr~: of the countywide c~assificationl c.omp:ensat~or. study; and 4} a term for the new aareemer.ts through September 30, 2003 - action. requested - APFR.OVE AGREEMENTS AND AMENDMEN`=' TC) AGBEEMET~I'I' AND AUTHORIZE THE CHAIR TO SIGN SUB~EC`I' ~'O REVIEW BY COUNTY COUNSE'I AND THE AUDITOR-CONTROLLER. PAGE 6 .IANIJARY 28, 2003 BU"ATE COU'V"I'Y BOARU OF SI~PERVISORS ACE~DA-.IAV~UARY 2$, 2003 3.25 * Rc~s<;lutio.r to Amend the Salary Ordinance - a resolution ,>r ~inan.. ~_ to has keen prepared to arnend tt,:e salary ~ c ~e inc„ude cY~,anges resulting from the approval of the memoranda of understanding with employee barga~nir.g units as follows: ~~~L?R~ PLAN FC)R C~AL'.Si>•'ED POSIl'ONS - the tables are revised to reflect a ?.5s cost o£ 1_,`,ir,.g allowar:r.e increase effective September 28, 2002. SALARv PLAN ,')'OR ~LECT'ED AND APPUN'I'ED OFFICIALS, REFERENCE E, APP::IN`T'ED CF'FICIALS W1'I'H BI-G~'EEKLY RANGE ASSIGNMENTS - adjusts the foilow~nq salary ranges, etfectivr. September 28, 2002: Supervisor's Administrati_vc Assistant I {$992-$1,206); Supervisor's Adrinistratve Assista;t II ($1,092-$1,327} and Srpervior's C~erical l~~de ($666-$810} - action. requested - ADOP'i' RESC;,U`1'ICN t'1ND AUTHORIZE `~'HE CHAIR. TO SI;JN. 3.27 * Personnel Rules -Amendments -approval is requested for a resolution which wil_ arnend the Persenr.el Rules as approved through contract negotiations with ernp~oyee barga~n~ng units - action. req~.zested - ADCPT R.ESG~U']'TON AND AUTHORIZE THE CHAIR TO SIGN. 3.28 Appointed and E~ected Dcpart_ment Head Benet_s - approval is requested for a resolution which will increase tY,,e accrual rate for Admyn.strative Leave from ~> days to 7 days per year for appo~nted ar.d elected department scads as a result of the ber.ef-t being increased for members of the But:t.e County Management Employees As ~^ciaton - action request~~~d - ADOP'T' RESOLU'I=ON AND AU'1'HORIZE THE CHAIR TO SICK LI$xAxY 3.29 * Library Literacy Program G_ft ~^,f funds - ~N-ursuant to !=overnment Ccdc~ Section 25 355, a gift of $-, 000 has been rece_,Tcd from the vJal-Mart Foundat'_on for the Library . , Literacy Program. The ttznds wll_ be utlllzea t~~ :urchase a v~dec; camera to enhance the tutor tra'~r.lr-g program - action. requested - AC'CFPT GIFT AND A?.'~HOR'!E A LET`T'ER OF APPRECIATION; AND APPROVE BTID ;ET '1'RANSI~'ER B-2~r0 (4%5 vote required) ACCEP'ING y?'IL) AF PROPRIATiNG UltirIiNTICIF TED R~'t/ENliE AS DE`I'AiLED _N "HE' AGENDA REPORT. 3.30 * Donations for Books - pursuant to Government Code Section 25355, dor_atior.s of $-_,000 from the Paradise Fr~ends of the Library, $300 from Barry Layton, and $100 frcrn David and Corliss Payne ha=.'e been received for tY:< Butte County `T'rust 1''~nd for the purchase of books - actior. sego^sted - ACCEPT DONATIONS AND AUTHORIZE LETTERS GF APPRECIA'I'TON. PAGE 7 .IAVLIARY 28, ZOOS BUTTE CQII'VTY BOARD OF SUPERVISORS ~GE1DA - ~A'VUARY 28, 2003 PUBLIC HEALTH 3.31 * Car :-forma Family Health Counci 1, Inc. - approval is requested f<;r a grant., agrc~cment~ with California r'arn_ly He<_~lth Counc~l, Inc., for funds to cor:tinur~~ a Peer Provider Program at the clinic lor,ated on Table T~lountain Boulevard, Orovi.lle. The term of the avant. is January 1, 2003, through December 31, 2003, with a maxirr~rrn amount payable Lc; ~~'tre County of $1J0, 000. Board. approval is requested to accept and appropriate $14,000 ;.nto thc~ c'.zrrent fiscal year budget, with the remaining funds to be appropriated in fsca~. year 2003-2004 - actior_ requested -APPROVE GRANT _AGREEMENT AND AUTHt)RILE THE CHAIR TO SIGN SUBJECT ~0 REVIEW BY COUN`T'Y COUNSEL AND `1'HE AUD1'TC;R-CONTROLLER; AND APPROVE BUDGET TRANSFER 8-237 (9/5 vote required) ACCEP'1'NG AND APPROPR`ATNG 14, 000 INI'0 T'HE CURREN'P EISCAE YEP.R BUDGET. 3.32 * California Departrnen.t. of Health Services - i^.mer;drnent - approval~s roquested for an amendment to tt':e revenue agreement with the Cal;_fcrn.'_a Department of HealtY,_ Services for funds to assess public drinking water_ supply sources. The amendment provides for budgetary shifts between fiscal years ar_d budgetary r.e item shifts, b'ut does not alter the term or the maximum arno.nt~ payable. A_1 otk?er terms and provisions remair_ the same - acticri requested - APPROVE AGREEMEN` AMENDMENT AND AUTHORIZE TFE CHAIR TO SICK SUBJEC'T' `1'0 REVIE6N BY COLiNTY CI)UNSEL AND THE AUD~'POR-CONTROLLER. (Contract No. R40162} 3.33 firnerican Lur.g Associat-or: acid Bi,tte County Office of Education - Amendments - approval is requested for amcr.dments to the aarc~c;mcr is with the Ar-~er_can Lung Association and the Bl.t`~: C<:,~.nty Off_ce ;f Educat_ior. for the provision cf tobacco: education and smok~_ng ccssa!~.on. act_~a-ties. The proposed amendments w~l~ allow t.ht_. contractors to make rnr~:or budget ad j ust.mer:ts w-thout goir:g through the contract amendment process. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENTS AND AUI'HCR~LE `~'HE CHAIR TO SiGPd SUBJECT TO REVIEW BY COUN'T'Y COUNSEL AND 'i'Hl AUk.ITOR-CONTROLLER. (Contract Nos. X13h48 and X1`3649) 3.34 x Private Industry Council - approval is requested for an agreement with the Pr_•~~ate Industry Council for the provision. of teen st.~.ff to work i n the 'T'een Clinic located in the Public Health Clinic on 'I'~bl;~ Moi,ntain Bou-evard, Orovlle. The Corm of the agreement iS January 1, 2003, through December 31, 2003, with a maximum amount payable of $28,000. rundinq for the agreement is provided k>y grant funds from tFre California Heath Ccunc~1, Inc. - action requested - APPRG`1E AGREEMENT AND A?JTEORIZE THE CHAIR TO SIGN SUB~EC'I' ''O REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 8 .1ANLARY 28, 2003 BUTTE COU:V'i'Y' BOARD OF SUPERVISORS AGEVDA - ~AVUARY ZS, 2003 3.3:> * California Department of Hearth Se~rvicc>s - Arnendr.:ent - approval is requested fc,r an amendment. to the revenue agrc~cmen'~ with the Cali forn_ia Department c>f Health Services for funds to support the `~'eenSMART Outreach Program. Tt:e amendment extends the term of the agreement through June 30, 2003, revises the scope of v.~c;rk to _nc__udcd tY~.e cxter.ded yoar, and i.rcreases the rnaxirnum amount payable by $77, 500 for the extended term. All other terms and provisions remain. the same - actionnn requested - APPROVE AGRE~MENT AMENDMENT AND AU'I'HOR1Z THE CHAIR `I'C SIGN SUBJECT TO RE'JTEW BY COUNTY COliNSEI AND THE AUDI`POR-CON`T'ROLLER. (Contract No. R40104} Pusvzc Woxxs 3.36 * Setting of a Public Hearing - County Service Area (CSA) No. 135, Zone 2 (Keefer Creek Estates, Zone 2) - consideraticn of a reso~rlticn d~rc:ct.ng commencement of procedures to impose increased annual services chases in Co~.znt.~~ Service Area No. 135, Zone 2, and set~t.ng a public hearing for a protest hearing for March 25, 2u03, at )_0:?J a.m. '_'}:e increase is needed in response to an increase in fees for wastewater discharge permit--slued by the SY_atc Water Resources Control. Board - <=;ct_ion requested - ADOPT RESOLU'w'ION F:ND AU`l'HCRIZE .THE CHAIR ! 0 :iICN. 3.3? * Setting of a Public Hearing - Cors,_derat.icr~. cf a Pot_t~~on to Abandon arortion cf Crown Point Road - the County has received a request to abandon the northerly portion of Crown Pont Road, northeast of St_at~s H~clhway 32 _n the Forest. Rar:ch area. Approval of the. req•tiest was reccmr.cnded by the Planr;inq Corrirnss! on on ., January 9, 20J~, and Board apprc;valys requested nor a resolution setti ng a public heari ng for eonsz derat:ion of ~.hc matter for E'ebruary 25, 2003, at 1Q:30 a.m. - act_on req~_estccl - ~,DOPT R.ESOIU'I'ION AND AU "'HCR%ZE THE C!CATR TC) SIGN. ~ :~8 * B' cycle/Pedestrian Eascmcn;t. - Qu_t:clairn t o the City of _, . Chico - the C-ty of Chico ti<<s req,.c st_cd the County approve the conveyance of a b~cyce/pcdcstr;_ar.c~ascrment ,ro ert ~es _., between crasta Avenue and the p p to the north the City c~ Chico. `T'he easement. t-_as Trevor l c:r. ,:led by the County and the area was annexed by tr~.e City of Ch~_co in -._995. 1'he ~^it.y has ter:t_atively approved =. s~.~bdiv_son at the northerly end of tt:e easerrenL w~th a condition that a bicycle path be ir.staileci between tl,.e subdivision anal Shasta Av~r_ue. Conveyance: of the easement is~n support cf th~s project - ar,tion requested - APPROVE CONVE`_'ANCE OF EASETYIENT ! C THE CITY OF CHICO AND ATJ^HORIZE THE CHAIR 'i0 SIGN ~UI'1'CI,AIM DEED. Pnc~; 9 J A~UnRV 28, 2003 BU"i'"TE COUNTY BC)AR~ OF SUPERVISORS AGENDA -JANUARY 2$, 2003 3.39 Resoli~tcn Correct--rq Standards RS-2, RS-B-LDII, N.'SP-3, NCSP-4, S-1 and S-38 Pursuant tc Chapter 20 of the Butte County Code - on :Junco 1-_, 2002, the Board adoptc~:~ Reso~uticn 02-104 approving the ccd_fied version of the But:te Ccunty Improvement Standards. Following adopt'~_on of the resolr~L~on errors were discovered that: requ_re c•orr.ccti,%n - action rcq~_cstcd - AD';FT RE-,~)~U'P-ION AND AUTHORIZE ':'Y.E CHAIR 'O SIGN. TREASURER- TAx COLLECTOR 3.40 * Butte Cc>ur.t:y Office cf Education - Bond Issuance for Orov~lle City Elementary School District - approval is request<<^d by the Butte County Cffce. of Education to issue general obligation bonds for the Orcville City Elerner_tary School District. Pursuant to Government Codc Section 53853, the rotes must: be issued n the rame of the Office of Education. by the Beard of Super~v~isors. Tre Butte County Off~ce of E d,_cat _an is recluest_nq tr~e Ccunty authorize the issuance. of General :?bl_gat-ion Bends not to exceed S6, OC)0, 000. The bcr.ds w'_11 }~e a general. obligation of the Butte County Office of Education ar.d the County has no fiduciary re sp;onsik>~lit.y as to the repayment cf these k;onds - action requested - ADOPT RESOLUTION AU"'ECRIZING ''F'.E ISSUANCE OF GENERAL OBLIGA'PIGN E?ONL;S FOR THE OROVILLE C~'T'Y ELEMEN'I'AR_Y SCH00, Di STRICT, ELECTION 2002, SERIES 2003 AND AUTHORIZE 1'HE CHAIR TO SIGN. 3.41. * ""~ior_thly Investment Report - submitted is the Mor;th_Y Investrr~.er:t Report for Dccemk;er 31, 2002, pursuant to the Butte County Statement of Investrnent~ Policy dated .uiy ~~, 2002 - action requested - ACCEPT FOR_ INFORMATION. 4 . O O REGULAR AGENDA APPOINTMENTS 4.0 !- AT%polntmentS t.0 Boards, ~.()rrirn..-SS10I1S and CCmm~ttP_eS. * 1. A.ppcntmer.ts to ~ ~~ted Vacancies. * 2. B~~.rtte Ccunty Water Commis~~on - action regt'eSted - APPOIN'T' RAY AUERBACH, DIS`I'RIC'1' S REPRESENTATIVE, I'0 A VACA'T'ED TERM T: END JANUARY 10, 2005. BUDGET AND LEGISLATIVE UPDATE 4.02 Update cr: Current Budget and Legislative Issues by t}~.e Chief Administrative Officer. PAGE t0 JANUARY 28, 2003 BUTTF_ COUNTY BOAR[) OF SUPEKVISORS AGENDA -JANUARY 28, 2003 PRESENTATION AND DISCUSSION ITEMS x.03 * Bioterrorlsm Preparedness and Resporsc - Smtllpcx Var_cnatior.s - Report to the Beard - update on current procram g.;al s and act ~vties related to bioY_crrerisrn preparat'~ on, . r.c ~~ siding :>mallpox va,~cir_e :dm i n i st rat i or. - ac:.-on requested - ACCEPT FCR INFGkMI?'~';JN. (rli'r?LI~` fIEALTH ) 9.04 * Help America Vctc> Act of 2002 - presentation to the Board or_ the impact of recent-y enacted feder.~l_ legslat~on or. Butte County - action requested - MCP.IFY 2003 _,EG~ S-,ATIVE PLATFCiRM `1'0 INCLUDE LGBBYING FOR FUNLING FGR r'EL)ERAL MANDATES. (COUN`PY CLERK-RECCiR1?ER- REGISTR~'1R OF `DO'ERS) 4.05 * An C;rd-n<_nce Amending CY,.apter 31 of tt,.e B~.1tte County ,~. Code, Entitled "So~id ~rti'GstE~ C"ol~ection, Management, ar.d Recycling", and P.mending Sections 26-I2 and 26-12.1_ of Chapter 26 of the B~,itte County Code, Entit~.cd "Bu~.dings" - consideration of an ordinance which w-11 amend the Codc~ to reflect the County's need to better contro~ the rnar:rier ~r~: which waste services are provided to County re:>ydon _s and to direct t},e flow of waste t; County designated raci_l;t_cs - a;;tior,. requested - vuAIVE REr~DNG OF THE ORDINAN:`E. {PUBIC WORKS [FROM ~~-"~4-03 /4.06;............) 4.05 * Facil,~t _ec M,st.c.r Plan Steer~~,:~ Committee - cor_siderat'~on of the formation oL a F~c.~1, pies M~.ster Plan Steering Committee to provide cu'~ ~a_:ce i:i decisions regarding the prc;visivn „L f,~C1~_tl~S iGr C~unt_y operai~ions - action requested: 1. ADOPT RESC>LU`1'ION I:REI:`1'ING STEERING COMMITTEE AND AUTHORIZE THE CHAIR `I'C SIGN; APPOIN'T' ~'Gti'0 BOARD A9EMBERS TO SER`JE ON I'HE COMMI`I"1'EE; 11ND 3. APPOINT TEN CITIZEN:', `['WC NOMINA'I'EL BV EP.CH BOARD ME:`~IBER, TO SERVE ON THE CGMM_`I'I'EE. {CHIEF AD.UlNS`l'RATIVE OFFICER) Pnc~:11 JANUARY 28, 2003 BU"TTE CC)UVTY BOARD OI' SUPERVISORS ACEVUA - JAtiUARY 28, 2003 9.07 * Community Hea-th Care Ordinance - Proposed Arner_dmer.ts and Direction - cons~der~:tcn of amendments to the County's C<_irlmur._t.y Health Care Ordir.ar.ce requested by the Bl_tte County Children,.: and Fame E ies C:ornrniss'~on, d_rectinq inclusion oL the ordinance into the B',tte County Code, and. clarifying the manner by wricY,. appointments f o~r cl_tsido agencies are rr.ade, -~n:~ Board direci.on on implementation of tt:e Ad~asory Comm;-scion` s duties - action requested - DIRECT PREPARA'lON CF AN AMENDED ORDINr~NCE AND PRCVIDi S`_'AF'F DIREC`1"_ON ON STEPS TO BE TP.KEN `1'C~MPLEMEN`l' CCNL~~IT'~'EE AC"~'IVI`I'1ES. {CH=EF ADMNISTRATItiE OFFICER) 4.08 Berry Creek RancY~_eria Proposed Expansion to the Gold Gauntry Casino - d_scussior. ar.d recornmcrndations on mitigation of -dent.if~ed off-reser~at~on impacts of tree proposed expansion of the Gold Country Casi.r.o - action requested: 1. APPCiNI' A BC)AR_D SUBCOMMI'I'_'EE "~'0 ENGAGE N NEGC`l'IATIONS tnil'I'-I THE LEADERSHIP CI~' `'_'HE '1'`_'ME MAIDU TRIBE 0r, THE BERRY CREEK RANCE;ER_A iN OKDER TO SEEK MITIGATION CF 'T'HE OFF-RESER'JATION IMPAC'_'S OF THE PROPOSED PRO~;EC`l'; 2. AUl'HCRIZE THE CE-.AIR ':'C SIGN A LE'P`l'ER `l'C THE GOVIJ;RNCR AND .)`L'Ar!~E ATTORNEY GENF;RAC EXPKESSING C',RAVE CONCERNS OG'ER THE FAILI?R.E CF `I'HE 'TRIBE 'i'0 R.~J000NI7E AND MIT_LA~'E CF's'-R.ESERVAT~ON TT~IPAC;'I'S U~ `'HE PRCPCiSED PRO~'EC AND SEEKING AN ~N~LNCTICN v ''HE STAl'E OtiER THE PRCJEC"I'; 3. SEEK THE PF.R~I;:L1AI'ICiN OF `I'1?E COUN'T'Y IN ~'?E NEGOTIATIONS OF CCMPAC~_~'S W'I'I'H 'T'RIBES ~CC'A'~ED CR OPERATING INDIAN CAM~NG FI~.ClL~TIES GIITHIN `:'E=:E COtN'~'Y; AND 4. SUPPORT THE CA:~IFCRNIA STATE ASSOC'IA'I'ICN Or' C'CUNTIES IN PURSUI`T' CF A S'I'A`I'EWIP~E RESOLUTION ''0 SIMILAR ISSUES BEING EXPERIENCED BY COUNTIES 'T'HROUGHOUT CALIFORNIA. {CHIEF ADMINISTRATILrE OFFICER) Pnc~ 12 JANUARY 2$, 2003 BUTTE COUNTY BOARD OF S~~PERVISORS AGENDA -JANUARY 2S, 2003 9 .09 * C;p~~~ratvr_ of Nea- Road. Landf~ ] - conscTeraton of the actions reessary to assume ^perat~on of the TJeal Read ]_,ardfili upon term'natior. cf tre contract w~itl: waste Mar.agcmc~nt - acL'~on requested: 1. DIRECT ~HE DEPl>RT~^.EN`l' 0?'' PUB~_C ~v'ORKS ~'C UI`;DFRTAKE 1'HE OPERA'1'ON OF ''HE HEAL ROAD LANDFILL UPON `l'ERUINAlON CF THE CONTRACT w'i'I'H lv'AS'PE Ilt'?NAGEMFNT; 2. APPR.0°JE PROPOSED BUDGE`i EXPANSION CF THE HEAL ROAD ~_,ANDFII.=, FUND 757 (BUDGE`T' `l'KANS;'ER B-292 [9/5 ti-ote required]) INCLUDING THE SPECl;~'C APPROPRIATION OF FUNDS AND UNANTICI PA`~'ED REVEN['ES; AND APPROVE PURCHASE OF FIXED ASSETS AS SHC`~~N ?N THE BUDC;ET EXPANS-ION KEQUEST INCLUDED IN THE AGENDA REPJRT; 3. AUTHORIZE THE `TREASURER `1'O SECUR.E FINANCING FOR THE LEASE OF NEEDED E4;UIP:~IEN'I FOR THE L,ANDF?LL CPEliR'T'ICN AND `!:0 EXEC~ITE ALL ASSOC=A`~'ED DOCU?~9ENTS; ATti D 4 . ADC-PT RESOLUTION ES'1'i'1BL' S1,_NG A CH~_NGE FUND 0~' $l, JJD FOR THE HEAL ROAD LAND~'1LL ATJD AJ~HORI2E `_HE CY_AIR `I'O SIGN. (PUBLIC WORKS) 9.10 Groundwater Managoment: i. Discuss_or, and. direct ion rcgar~]in:~ ini_egra~ed groundwater rnanagemer.t plan ordir.ar~.ce - action r~questcd - DISCUSSION AND STAFF 1;I1<EC'T'~ON. (WATER AND RESOURCE CUNSERVA'I'ION/COUNTY COUNSEL) 2. Discuss'~on and directicr. regarding crca!~cn of an entity for grcundwat.er m~nagomor.t - action requested - DISCUSSION AND STAFF D:IREC`T'ION. (WATER AND RESOURCE CONSERVA`lIONJCCt?NTY COUNSEL) 4.11 * Items Removed from the Consent Agenda for Board Consideration and Action. P:~c~: t3 JANUARY 28, 2003 BU'i"i'E COU.V"I'l' BOARD OF SUPERVISORS ACEti~DA -.TAVUARY 28, 2003 rJ . ~a PUBLIC fIEARIN6S AND TIMED ITEMS 1 0:30 ;.~?. 3. Cl Ccnt~nued Pub _ is Hearing - Larry Br ,d_ey - Tc~r:t.at_ve Parcel Map - consideration. of ar. appeal of the' De~~=elopment Review Committee`s dcmmmm al of a Tentative Parcel Map to d;-vide a 39.6 acre parcel into threo parcc~~s of 10.3, 10.6 and '~3,F +/- acres vn property zoned A-10 (Agric:ulLura~ - 10 acre parcels} 'this is a pr<>~ect cn which. notice o£ intent to adopt a negative dec_arat.i:;n with rnit_gati.^n measl.res regard~ng er.v;.ronmental impacts has beer. given. Tho property .s located on the northwest corner of Durham-Dayton. li~ghway and Esquon Road, Durham, and T.denti~ied as APN 090-150- 112 (CS ['1'PM 02-23]} - action requested - STAFF RECOMMENDS `T'HE BOARD `TAKE JNE Ol~' `T'HE FC TLOb'JING 'I'[n?C ACTIONS: SI]OULD THE BOARD, AFTER C.~NSIDERIN.~ ALL EJIDENCE AND TES!IMONY, DECIDE TQ DENY THE APPEAL AND THE PROJECT.', i'HE FULLOGd~NG ACTION SHOiJI~D PE TAKEN: A. SIJB~EC`~ _'O F~'INDNG I (A} AS D:~Ii'AILED IN `:'HE STAFF REPORT DATED OCTOBER 8, 2002, DENY THE REQUES"' FOR A TEN'T'ATIVE PARCEL MAP FOR LARR`_' ~',IZADi~EY, APPL`CA'~'ION TPM C?_-23; JR S-IOUI.~D TrIE BOARD FIND THAT TI:E PROS ECT IS CONSISTEN`~ btiITF: T:IE BliTTE CO'.?NTY CENERAT, PLAN, THE i~'OL~CW_NC AC'I'IOTdS SNGULD BE 'TAKEN: A. >l~B E,..T TO FIND .vC1S _ {!1-r, A:~ ;E'iAii.ED _IJ TE:E STAFF REPORT DAT~D OCTOBER 8, 2002, ADOPT A M~T~GATED NEGR_T~VE DECLARATION; (Continued on Page 15) PAGE 14 JANUARY 2$, 2403 BUTTE COU'V"TY BOARD OF SUPERVISORS ACE;~DA-.IA'~'UARY 2S, 2003 5 ~_~ 2. B. FIND TIiAT TI:F: DESIGN CI' 'SHE PROPOSED PRO~EC"-, MPRCVEMENTS WILL NCT CAUSE ENVIRCNMEN:A~ DAMAGE 'PO FISH ~~ND/CR ~vILDLII,'E CR ''HEIR Ni~Bi ~'A'I AND APPROVE A "DE MINIMUU_,• EXEMP'T'ION T~7 THE CCLLEC`T'~ON OF FEES PURS?JANT TC FISH AND GAME CODE SECTION 711.4 (d) AND 19 CCR ?83.5, AS THE PRn,'E'C"_' S~'T'E IS NCT KN0/~~N T:) CONTAIN ANY SPECIES TDEN~'lI'lED AS CANDIDATE, SENSITIVE, OR SPECIAL S`~'A'I'US SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPAR.'I'MEN'I' 01~' ;r'ISH AND GAME CR THE UNITED S'_'A_'ES W1LDLlr'E SERVICE. I'HE PRCCECT [FILL NC`I': HA`JE A SUBSTAN`IIAL A1:VER.SE EFFECT ON ANY RIPARIAN HABITA'T'; HAVE A SUBS`l'AN'i~'IAL ADVERSE EFFECT ON FEDERALLY PRC'EC'P~D [tiETLANDS AS DEFINED BY SECTION ~G'9 OF' `1'HE CLEAN ~^TATER ACT; INTERFERE SUBSTAN'I'TALLY Vv'I'IH THE MOVEMENT CF ANY NATIVE RESIDEN`T' CR MIGRA'T'ORY FISH CR WILllLIF.E SPECIES; CONFLICT WI'T'H ANY LOCAL POLICIES OR CRDINP.NCES PRC':'EC`'NG BIC)LCGCAL RESOIRCE'S CR CONFLICT WITH `T'HE FRCVISIONS CI~' AN ADOPTED HABITAT CONSERVATION PLAN; AND C. SIJB~;EC'i' TC FINDINGS III (A-F) AS DE~T'AILED IN `l'HE STAFF R-EPC:R`~' D"D'I'ED CC~OBER 8, 202, AND T}~.E CCiNDiCNS CI~' A 1?PRCVAL IDENTIFIED AS F,XHIBIT "T~" IN `T'HE SI'AI''E' REPORT DATED OCTOBER 8, 2002, APPROVE `TEIvI'ATIVE ti'UBDIVISION MAP 02-23 F`.>R LAR.RY Bi<.ADLEY. {FROM 1 -I4-Q3 [5.01]) P,u:E is Jn'~uARY 28, 2003 BUTTE COU'V'I'Y BOARD OF SUPERVISORS AGE'.VDA - ~AVUARY 28, 2003 7 -_ :00 ~..M. 3.x'2 `l'imed item - Consideration of a Mi ti gated Nc:gat.~v~e Declaration: Regarding Environmental Impacts for the Proposed Project for the Construction of the Ord. Ferry Road Bridge Across the Sacramento R~.ver -County Project Number 92011.-Q7-~~ - the proposed pro)ect is a se,_sm_c retrofit of State Bridge I2C-120 on Ord r'erry Road across the Sacrarronto River approximately sever r;~_ l es sc~,th of Hamitcn City and IO mi~es west >f the City of Chico. Stale Bridge 12C-~20 is a nine-span reinforced box girder having a total length of 1308 feet and w_dth of 32 feet 7 inches. I'he structure is suppcrted on round co~umns founded on driven pile-supported footings. The structure T:as been deemed by tl~e State to be inadequate for the seismic. region. r_ wT~.ich )t is located. The Ca~ifornia Er.vir~r:ment_al quality Act. requires an ens,;ironmental ;analysis of awl protects that are not categorica'~ly exempt from analysis and which may base an. effect cn the environment - action regrested: 1. FIND 'I"r'.71T TI-.E C)RD Y'ERR`_' F?Or~D E'RIDGE ACROSS TEE SACRAMENTO RIVER, B[t'I"1'E COUN''`_' FROJEC'1' 9207'_-97-1 COULD HP.VE A SIGN: FICANT EFE'EC"' ON 'I HE ENVIR_ONMEN'I'; AND SUBJECT TO FINDiN:;S II (A AND B) AS DE` ~'~~LED IN THE 2. .,.~ S AC'C' REPORT DATE) JANUARY 1 _ , ~ v A'_)CP" `l'HE NEGATIVE DEC_~ARATION REGARDING ENVIRONMENTAL iMPAC'PS, w`1'~H MI"'IGATIONS 1-16 AS DETAILED IN I'HE S'I'AC'C' REPOR_' DATED JANUARY 13, 2003, AND AUI'HOR.IGE THE CHAIR TJ SGN ~'HE NEGATIVE DECLARATiOTJ REGARI)NG ENS>TROTv'~^_EN'I't~L _M'I?C`iS (A1'P~ND~X G) . 6.00 PUBLIC COMMENT COMMENTS 'I'0 `~ HE BOARD ON ISSUES AND ITEMS NO`1' L=S`~ED ON 'I'HE AGENDA. (Presentations will be Limited t:o f_ve m_:r.utes. Pease note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda.) Pace 16 JnwUnRV 28, 2003 BUTTF, COUNTY BOARD OF SUPERVISORS ACE~,'DA - .IAVUARY 28, 2003 ~J . OO CLOSED SESSION 7.0-~ CONFERENCE G1ITH LFG11L COCJNSEM REGAF?DING 1~::_'UAL LT-CATION PURSUANT TO GOVERNMENT CODE `>EC'lON 54956.9 (a) HARDEN V. C~ T`_' OF SACRAMENTO 292 F. 3d ? 0 ; 3 (9~~'~ C_r. 2002) 7.62 CONFERENCE' W_IH LE:?AL COUNSEM REGARI)1NG iNL_'iA'PION OF MITIGATION PtJR:,~UAN'~' `l'0 GOVERNMENT' CODE SEC'1'ON 54956.9(c) ONE POTENTIAL CASE. %" . 0 3 PUBLIC EMPLOYEE PERFORMI?NCE EVIL"~UATTONS PURSUR_NT 'O GO`JERNMENT CODE SECTION 54957: CHIEF PROBATION OFFICER I~ND DIREC`1'OR-DEVE'LOPMEN'T' SERVICES. PAG@: 17 ~IANLARI' 28, 2003 Information and Procedures C:onccrning the ,lgcnda and Conduct of the Board of Supervisors Meetings Meeting information: Meetings arc gencrilly held the second and fourth Tuesdav of each month. Meetings start at 4:00 a.m. and are held i^ the Board ofSupen~isors Chambers, County administration Building, 35 County Center Drive, Orovillc. At the end of each year the Board adopts a meeting schedule for the upcoming year. Mecti^ ~ dates can be changed as a result of holidays or other events so please check the meeting calendar to he certain. Copies of the adopted meeting calendar 1~7r the year arc available in the County Administrative Office or at the Clerk of the Board website at w~c~ti.buitccounh~.netcoh. Agenda Information: "The a~._*enda for every meeting ofthc Board is posted in front of the County Administration Building at toast 'r? hours before each meeting, and is available by mail subscription, e-mail subscription. or at the Clerk of the Board website. A copy of the agenda and supporting materials proridcd to the Board of Supen~isors members to explain each agenda item {excluding documents that arc not a public record within the meaning of the Public Records Act) arc available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these f files), and at the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover costs. The list of communications included with the agenda packa~~es is not comprehensive. Additional communications to the Board o1 Supen~isors may have been received but not included in the agenda supporting material Copies ofall communications received by the Board ofSupervisors (excluding documents that are not a public record within the meaning vfthe Public Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been provided to the Board of Supervisors members to explain that item. A~„cnda Format and 1l1cetin~ Order: The agenda is usually organized into the following areas and meetings generally proceed in the follo~l~in~~ order 1. Consent A~~enda: these are items that arc considered routine and arc handled by one motion and vote of the Board. Ifyou wish to discuss any item on the Consent A~_=enda you can either fill out a speaker card {located in the back ofthc board room) and give it to the Clerk ofthe Board (sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent Agenda. stand and approach the podium and request the item be removed. `The removed items arc discussed at Ole end of the Rc~zular ALCnda. 2. Re<~ular Aeeuda: this is where presentations to the Board and items that require full discussion arc heard. Items removed from the Consent A~~enda arc discussed under this section. 3. Public Hearinc and Timed Items: this is where items that arc required by law to he heard as a public hearing arc set. This is the section where appeals bcibrc the Board are usually discussed. Hearings may start after the time listed, but will never start before the time listed. 4. Public Comment: this is the area of the agenda ti~here members of the audience may address the Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda. but may respond to statements or questions and provide staff dir~ction- ~. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of the agenda identifies those items that U~ill be discussed during the closed session. Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters N~ithin the subject matter jurisdiction of the Board pursuant to Government Code Section 54454.3. The Board has adc'~pted policy and procedures to facilitate the meeting process and conduct. .A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed tit the Clerk of the Board website. The Board of Supers--~isors is also committed to making its proceedings accessible to all citizens. Individuals with special needs should call the Clerk of the Board at 530-538-7b31, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability-related modiheations`aecommodations or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must he made 48 hours prior to the meeting. Por further information contact the: Clerk of the Board of Supervisors County Administrative Office 25 County Center Drive, Oroville. CA 95465 5 30-538-76 ~ 1 N~~~•w _buttecounty.nctlcob