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Home My WebLink About15-106 0011/04'pjti k 4,, Ivo lo;An'of 6010 i 4,11, AA vir,m 1/10'rtf,if r filf ,,, relmliff,),, r,,,T4 , (.';IviritlIfttlf 1 ;0400 jitid '' (/'%41 tf I:7'0'r''ii 1W;',1 loilililalii,',41110,';, '1" di P 1; Olt 044,0 1,4„ki IV'?"ip, ,/,111114 Alp,"of"I', I,'ifi4it'0,,,',1114111,44,4))//4I t",/idir ii,ili,)41 , 1 , 0,11,011101,111( /A 001 ittikft1040,100,4,110„,419„:0,4),149101,0401,11140,"01,04,(1 Apy.111,11,011044,„?,,,e 4,;,„70,2)iyi,/4/071 rp foolltoo,,;, -fiNit.4)',$ko, 44,10$46 ON*VA'1,/f)01/911/0 trldfil W IT 0 ti000 t° I?I"illif 4`0,0#,fiito 0 #Note,,*fj,I fij,r/''' ',.00,0/0' d',%k'h'd y 10104 ,;,,,K.zglioroolVA 4 OP',,,'0/4 lb, )•'/,,/,41.p ogiJi/Ank'iiiM/414,,r fi 41,4) Ael'Az(idliid,r',i;,,i/%'.,AlP 04/'iv 41 31;,,,,,1 vl,4';,,obid,,,i0 mviaiiii' liVneo iir 000 ' Resolution No, 15-106 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR FUNDING OF THE JAIL PROGRAM, INMATE TREATMENT, CAPACITY AND REPLACEMENT HOUSING PROJECT UNDER SB 863 AND PROVIDING FOR THE REQUIRED ASSURANCES WHEREAS, the Sheriff maintains the safety of the community and operates the county jail in a safe and humane manner and recognizes the SB 863 Financing Program assists counties in providing upgrades to jail facilities to replace outdated, compacted housing and provides space for evidence-based treatment programs for inmates; and WHEREAS, the County of Butte desires to authorize the Sheriff to submit an application under the SB 863 Financing Program for partial funding of the Jail Program, Inmate Treatment, Capacity and Replacement Housing Project (Project) in the amount of$40 million; and WHEREAS, the Board of State and Community Corrections (BSCC) requires that County submit a resolution with its application with the required assurances, including authorizing an adequate amount of available matching funds to satisfy the counties' contribution, approve the forms of the project documents deemed necessary to effectuate the financing and authorizing the appropriate signatory or signatories to execute those documents at the appropriate times; and WHEREAS, the County must provide matching funds totaling $4,445,000 (or 10% of the estimated project total of $44,445,000) for the Project; and WHEREAS, the required matching funds can be any combination of in-kind and cash match; and WHEREAS, the Project budget includes $1,080,000 of in-kind matching funds, including $500,000 for the value of the land owned by the County to be used for the Project and $580,000 for the value of the staff time estimated to be spent on the Project; and WHEREAS, the remaining required cash match is $3,365,000; and WHEREAS, in order to provide the sufficient quantity of cash match to meet the total required match, it is necessary to use a combination of Impact Fees and Inmate Welfare Funds, as detailed below; and WHEREAS, in order to provide the sufficient quantity of impact fees for the cash match in addition to using the funds available in the Jail Impact Fee account and in the now inactive Sheriff Impact Fee account, it is necessary to loan up to $1,370,000 in impact fees from other accounts to the Jail Impact Fee account to be paid back from future revenues in the Jail Impact Fee account; and WHEREAS, the Board of Supervisors authorized the necessary loan of up to $1,370,000 in impact fees from other impact fees accounts on October 8th 2013; and WHEREAS, facilities financed pursuant to SB 863 may be delivered through either a design-bid-build or a design-build process. NOW, THEREFORE, BE IT RESOLVED that the County of Butte (the "County") is seeking funding for its proposed project within the Adult Local Criminal Justice Facilities Construction Financing Program (the "SB 863 Financing Program"). BE IT FURTHER RESOLVED that the County's Construction Administrator for the project is Grant Hunsicker, Director of General Services; that the County's Project Financial Officer for the project is Meegan Jessee, Deputy Administrative Officer; and that the County's Project Contact Person for the project is Kory Honea, Sheriff; and BE IT FURTHER RESOLVED that the Board of Supervisors of Butte County does hereby approve the forms of the project documents deemed necessary, as identified by the State Public Works Board to the BSCC, to effectuate the financing authorized by the legislation including, but not limited to the Project Delivery and Construction Agreement, the Board of State and Community Corrections Agreement, the Ground Lease, the Right of Entry for Construction and Operation, and the Facility Sublease. The Chief Administrative Officer, or his designee (collectively, the "Authorized Officers"), acting alone, is hereby authorized for and in the name of the County to execute the project documents. Each of the Authorized Officers is authorized to execute these respective agreements at such time and in such manner as is necessary within the SB 863 Financing Program. Each of the Authorized Officers is further authorized to execute, acknowledge and deliver any and all documents required to consummate the transactions contemplated by the Project Delivery and Construction Agreement, the Board of State and Community Corrections Agreement, the Ground Lease, the Right of Entry for Construction and Operation, and the Facility Sublease; and BE IT FURTHER RESOLVED that Sheriff Kory Honea is hereby authorized to sign, on behalf of County, the BSCC Applicant's Agreement which is part of the BSCC application for funding, and is further authorized to submit the application for funding to BSCC on County's behalf; and BE IT FURTHER RESOLVED that the Board of Supervisors hereby provides assurance that County will adhere to state requirements and terms of the agreements between the County, the BSCC and the State Public Works Board in the expenditure of any financing allocation and county match funds; and BE IT FURTHER RESOLVED that the Board of Supervisors hereby authorizes funds from the sources and in the amounts identified below to be used towards the match requirement of the Project including $1,080,000 in in-kind match and $3,365,000 in cash match: SB 863 Project Match In Kind Match $500,000 Value of the land owned by the County to be used for the Project. $580,000 Value of the staff time estimated to be spent on the Project including project management and transition planning. $1,080,000 In-Kind Match Subtotal Cash Match $1,840,000 Jail Impact Fees $840,000 Sheriff Impact Fees from an inactive impact fee account in the amount of$840,000 $685,000 Inmate Welfare Funds $3,365,000 Cash Match Subtotal $4,445,000 Total Match BE IT FURTHER RESOLVED that the matching funds authorized by this resolution meet the requirements set forth below: 1) County Cash Contribution Funds Are Legal and Authorized. The payment of the county cash contribution funds for the proposed adult local criminal justice facility project (i) is within the power, legal right, and authority of the County; (ii) is legal and will not conflict with or constitute on the part of the County a material violation of, a material breach of, a material default under, or result in the creation or imposition of any lien, charge, restriction, or encumbrance upon any property of the County under the provisions of any charter instrument, bylaw, indenture, mortgage, deed of trust, pledge, note, lease, loan, installment sale agreement, contract, or other material agreement or instrument to which the County is a party or by which the County or its properties or funds are otherwise subject or bound, decree, or demand of any court or governmental agency or body having jurisdiction over the County or any of its activities, properties or funds; and (iii) have been duly authorized by all necessary and appropriate action on the part of the governing body of the County. 2) No Prior Pledge. The county cash contribution funds and the Project are not and will not be mortgaged, pledged, or hypothecated by the County in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest by the County. In addition, the county cash contribution funds and the Project are not and will not be mortgaged, pledged, or hypothecated for the benefit of the County or its creditors in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest in favor of the County or its creditors. The County shall not in any manner impair, impede or challenge the security, rights and benefits of the owners of any lease-revenue bonds sold by the State Public Works Board for the Project (the "Bonds") or the trustee for the Bonds. 3) Authorization to Proceed with the Project. The Project proposed in the County's SB 863 Financing Program proposal is authorized to proceed in its entirety when and if state financing is awarded for the Project within the SB 863 Financing Program. BE IT FURTHER RESOLVED that the Board of Supervisors hereby provides assurance that County will fully and safely staff and operate the facility that is being constructed (consistent with Title 15, California Code of Regulations, Chapter 1, Subchapter 6 section 1756 (j) 5) within ninety (90) days after project completion. BE IT FURTHER RESOLVED that the Board of Supervisors hereby provides assurance that County has project site control through fee simple ownership of the site, and right of access to the project sufficient to assure undisturbed use and possession of the site, and will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site of facility subject to construction, or from the BSCC, for so long as the SPWB lease-revenue bonds secured by the financed project remain outstanding. BE IT FURTHER RESOLVED that the Board of Supervisors hereby provides assurance that on June 23, 2015 the County adopted an Addendum to the Initial Study/Mitigated Negative Declaration for the Supplemental Jail Facility in accordance with the California Environmental Quality Act. BE IT FURTHER RESOLVED the County has selected the design-build delivery process. BE IT FURTHER RESOLVED that the Board of Supervisors hereby attests to $500.000 as the current fair market land value for the proposed new facility. PASSED AND ADOPTED this 11th day of August, 2015, by the following votes: AYES: Supervisors COnne||y, VVah|, Kirk, Lambert and Chair Teeter NOES: None ABSENT: None NOT VOTING:� None ----- DOUG TEETER, Chair Butte County Board of Supervisors ATTEST: PAUL HAHN, Chief Adthe Board By: