HomeMy WebLinkAboutMINUTES - 07251995 - C81 C.80 through C.82
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 25, 1995 , by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Correspondence
C.80 LETTER from Charles Peterson, 5th District Supervisor, County of Mendocino,
Ukiah, California, 95482, dated July 11, 1995, requesting Contra Costa County
Supervisors support electric car mandates to improve air quality.
**** REFERRED TO TRANSPORTATION COMMITTEE
C.81 CLAIM from Greg Moser, Esq., Weissburg and Aronson, Inc., Attorneys at Law,
555 California Street, Suite 2400, San Francisco, California, 94104, dated July 17,
1995, on behalf of the Program BETA Risk Management Authority requesting refund
of property taxes paid in the 1993-1994 and 1994-1995 fiscal years.
**** REFERRED TO ASSESSOR, TAX COLLECTOR, AND COUNTY
COUNSEL
C.82 LETTER from Robert Fees, Chief Education/Single Audits Branch, Division of
Audits, Office of the Controller of the State of California, Post Office Box
942850, Sacramento, CA 94250, dated July 4, 1995, providing information on the
1993-1994 Fiscal Year single audit report.
**** REFERRED TO AUDITOR-CONTROLLER, AND COUNTY
ADMINISTRATOR
IT IS BY THE BOARD ORDERED that the recommendations as noted (***)
are APPROVED.
i hereby certify that this Is a true and correct copy of
c.c. Correspondents an action taken and cntcrod on the minutes of the
Transportation Committee Board of Supe ' ors on the date hown.
ATTESTED:
Treas_-Tax Collector PIL BA HEL"OW's6u�pe�rvirors
Clerk of the Board
AdministratoCounty CounselAuditor-Controller BDeputy
Assessor
y t
WEISSBURG AND ARONSON. INC.
ROBERT A.KLEIN CLARE RICHARDSON ATTORNEYS AT LAW LOS ANGELES OFFICE
PETER ARONSON CAROL ISACKSON 555 CALIFORNIA STREET. SUITE 2400
URL WEISSBURG DOROTHY J.STEPHENS SAN FRANCISCO, CALIFORNIA 94104-1527 32+0 FLOOR. TWO CENTURY PLAZA
RICHARD A.BUCKER PAUL GUSTAV NEUMANN 2049 CENTURY PARK EAST
TELEPHONE (4151 434-4464
MARK S.WINDISCH GARY D KOCH.M.D� LOS ANGELES.CALIFORNIA 90067-3271
J.MARK WAXMAN ELIZABETH R.ISDN FACSIMILE 14151 434-4507 TELEPHONE 13101 277-2223
CARL H.HITCHNER SHIRLEY J.PAINE - FACSIMILE 13101 557-8475
ROBERT D.SEVELL .M.LEE DICKINSON
RICHARD F.SEIDEN REBECCA J.KURLAND SACRAMENTO OFFICE
GREGORY W.MCCLUNE HOWARD COHEN
GEORGE L.ROOT.JR JONATHON E.COHN �J 770 L STREET,SUITE 1050
SACRAMENTO.JAMES R.KALWAS STEVEN J.SIMERI-EIN July 1/, 1995 CALIFORNIA 95814-3325
Ej
RICHARD M.ALBERT CHARLES B.OPPNHEIM TELEPHONE 19161 443-8005
RALPH B.KOSTANT AMY B HAFEY FAC51MILE 19161 443-2240
LAURENCE R.ARNOLD REX JULIAN BEAKER
ANITA D.LEE DIANE UNG
SAMUEL F.HOFFMAN SANDRA L.BIERMAN
SAN DIEGO OFFICE
THOMAS L.DRISCOLL CHRISTOPHER E.LOVE
RECEIVEDJONATHAN M LINDEKE, TERRI WAGNER UMMARANO 402 WEST BROADWAY,23RD FLOOR
C.DARRYL CORDERO LEILA NOURANI SAN DIEGO.CALIFORNIA 92101-3542
DENISE R.RODRIGUEZ MARY K.NORVELL
TELEPHONE 16191234-6655
STEPHEN W.PARR SH STEPHEN R.RUEMMANN
FACSIMILE 16191 234-3510
R.MICHAEL SCARANO.JR. KAREN R.WEINSTEIN
LOWELL C.BROWN LORNA D.HENNINGTON ' W%Y
GREGORY V.MOSER BRAULIO MONTESINO �V
ROBERT E.GOLDSTEIN BRET J.DAVIS
TAMIS.SMASON SHANA T.TOREM ,
LAWRENCE C.CONN DAVID A RENAS rw
MARK T.SCHIEBLE IOANA PETROU ^,Civ SQ"l OF SUPEWSORS FILE NUMBER
ROBERT C.LEVENTHAL T.JOSHUA RITZ �L.CM��O A��NM COSTA
�. 72073-100
/ 7 '^N^1
RALPH Ti FERGUSON SHARON M KOPMAN /20/3-100
LARRY L.MARSHALL MATTHEW J.STEPOVICH
OFC"
ROBERT J.GERST
JUDITH E.SOLOMON
_ROBERT JAMES ENDERS
JAMES N.GODES
INGEBORG E.PENNER
MARK E.REAGAN
JEFFREY R.BATES
Mary LaMarshe
Auditor Appraiser
Contra Costa County Tax Assessor's Office
651 Pine Street, 5th Floor
Martinez, CA 94553-1213
Contra Costa County
Board of Supervisors
Clerk's Office
651 Pine Street, Room 106
Martinez, CA 94553
Re: Application and Claim for Refund of Taxes and request
for Order -- Program Beta
Parcel Nos. 198-061-005 and 198-061-013
Dear Persons:
Enclosed is the proof of service for the Tax Appeal on behalf of Program Beta
Risk Management Authority filed with the Board of Equalization on Friday, July 14, 1995.
This is to be attached to the Tax Appeal we filed with your office also on July 14, 1995, see
attached proof of filing. If you have any questions, please call Greg Moser, in our San Diego
office.
WEISSBURG AND ARONSON, INC.
County Assessor
Board of Supervisor
July'17, 1995
Page 2
Thank you for your cooperation in this matter.
Very truly yours,
Cl—CU CQ tkcN
Judi Ann Zeni
Legal Assistant
Enclosures
JAZ\LTRS\25770.1
J
1 WEISSBUR0 MIO ARONSON, INC.
ATtOdr AT LAW n az VQ / 6�
402 w6�000AW aw�r, 23M ROM "C_ ('�(
2 SM OGM CM000 A 92101-3642
teas (6/91 2311 6055 G� _ /J �ry/v�i99'•
3 v,
GREGORY V. MOSER Bar No. 101137 Auct`T'
4 /4-5 'S5 ors or—F1 C-0
5 Attorneys for PROGRAM BETA RISK
MANAGEMENT AUTHORITY
6
7
8 BEFORE THE STATE BOARD OF EQUALIZATION
9
10 In the Matter of the
11 Application of )
APPLICATION AND CLAIM FOR
12 PROGRAM BETA RISK MANAGEMENT.) REFUND OF TAXES AND REQUEST
13 AUTHORITY, ) FOR ORDER
14 Applicant )
15
16
17 TO: THE STATE BOARD OF EQUALIZATION and the BOARD OF SUPERVISORS OF
18
CONTRA COSTA COUNTY
19
20 The Program BETA Risk Management Authority ("Program BETA" or "Claimant")
21 hereby makes this claim for refund of taxes under section 5097.7 of the Revenue and
22 Taxation Code and demands that the State Board of Equalization and/or the Board of
23 Supervim make an order directing the controller.of said County to refund to claimant the
24 sum of$3,592.96 in taxes levied for the 1993-95 fiscal year, the sum of$18,998.59 in taxes
.25
levied for the fiscal year 1994-95, and interest thereon at the legal rate, and to cancel any
26
27 property taxes levied but unpaid for the fiscal year 1995-96 and subsequent years.
28 In support of this claim the undersigned states:
OVIMPLD3\29653.1
' 1
WEISSBURG AND ARONSON, INC. RECEIVED
ATTORNEYS AT LAW
402 WEar BROADWAY, 23RD FLOOR JUL i 41995
2 SAN DECO, CALFORMA 92101-3642
Ta"HO E 4619) 234-6666 I
3 CLERK BOARD OF SUPERVISOR
4
GREGORY V. MOSER, Bar No. 101137 CONTRA COSTA CO.
5 Attorneys for PROGRAM BETA RISK
MANAGEMENT AUTHORITY
6
7
8 BEFORE THE STATE BOARD OF EQUALIZATION
9
10 In the Matter of the )
11 Application of )
APPLICATION AND CLAIM FOR
12 PROGRAM BETA RISK MANAGEMENT ) REFUND OF TAXES AND REQUEST
13 AUTHORITY, ) FOR ORDER
14 Applicant )
15
16
17 TO: THE STATE BOARD OF EQUALIZATION and the BOARD OF SUPERVISORS OF
18
CONTRA COSTA COUNTY
19
20 The Program BETA Risk Management Authority ("Program BETA" or "Claimant")
21 hereby makes this claim for refund of taxes under section 5097.7 of the Revenue and
22 Taxation Code and demands that the State Board of Equalization and/or the Board of
23 Supervisors make an order directing the controller of said County to refund to claimant the
24 sum of$3,592.96 in taxes levied for the 1993-95 fiscal year, the sum of $18,998.59 in taxes
25
levied for the fiscal year 1994-95, and interest thereon at the legal rate, and to cancel any
26
property taxes levied but unpaid for the fiscal year 1995=96 and subsequent years.
27
28 In support of this claim the undersigned states:
GVIMPLW\29653.1
s.r ai• r-1�- •i�c nc► LX(i 4 AkUk)(Aw AhA_" A;3 2/
1 W=S88URQ AND ARONSON, INC.
Gregory V. Moser, Bar Ko. 101137
2 409 W46t Broadway, 23rd Floor
San Dipo, CA 92101-3542
3 (619= 134-6655
4 Attorneys for Applicant
PROGRAM BETA RISK XANAGMCCUT AUTHORM'Y
5
BEFORE THE STATE BOARD OF EQUALizATION
6
ABBRSVIATZ0 CASE TITLEs In the Matter of the Application of
7 PROGRAM BETA
8
9 IMIF 9s 9M aMUM
10
I an a citizen- of the United States, employed in the City
11
and County of Sacramento. My business address is 770 L Street,
12
Suite 1050, Sacramento, California. I. am over the aqs of it
13
years and not a party to the above-entitled action.
14
On July 14, 19950 I personally served a copy of the
15
attached:
16
MILICATION Wo CLhXX FOA R3FUMD OF ?&=a MW RSQVZff VCR ORD=
17
on the parties in this action by delivering a true copy thereof
18
to those persons or offices listed below:
19
20 state Hoard of Equalization
District office
21 450 N Street
Sacramento, California 95814
22
23'
I declare, under penalty of parjwry that the foregoinq is
24
true and correct.
25
Executed on July 14, 1995, at Sacramento, California.
26
27
Eftina L. oa
29
G • R /
� .
1 WEISSBURG AND ARONSON, INC. RECEIVED
ATTORNEYS AT LAW
402 WEST BROADWAY, 23RD FLOOR n n 14
'QQ�
995
2 SAN DIEGO, CALIFORNIA 92101-3642 �JUL.
TELEPHONE 16191 2346666
3 CLERK BOARD OF SUPERVISORS
4 '
GREGORY V. MOSER, Bar No. 101137 CONTRA COSTA CO.
5 Attorneys for PROGRAM BETA RISK
MANAGEMENT AUTHORITY
6
7
t
8 BEFORE THE STATE BOARD OF EQUALIZATION
9
10 In the Matter of the )
11 Application of )
APPLICATION AND CLAIM FOR
12 PROGRAM BETA RISK MANAGEMENT ) REFUND OF TAXES AND REQUEST
13
AUTHORITY, ) FOR ORDER
)
14 Applicant )
15
16
17 TO: THE STATE BOARD OF EQUALIZATION and the BOARD OF SUPERVISORS OF
18
CONTRA COSTA COUNTY
19
20 The Program BETA Risk Management Authority ("Program BETA" or "Claimant")
21 hereby makes this claim for refund of taxes under section 5097.7 of the Revenue and
22 Taxation Code and demands that the State Board of Equalization and/or the Board of
23 Supervisors make an order directing the controller of said County to refund to claimant the
24 sum of$3,592.96 in taxes levied for the 1993-95 fiscal year, the sum of$18,998.59 in taxes
25
levied for the fiscal year 1994-95, and interest thereon at the legal rate, and to cancel any
26
27 property taxes levied but unpaid for the fiscal year 1995-96 and subsequent years.
28 In support of this claim the undersigned states:
aVWPMS\29653.1
f
1 1. Claimant is and at all times mentioned here was a joint powers authority duly
2 organized and operating as a separate local government agency under Government Code
3 sections 6500, et seq. and Health and Safety Code section 32000 et seq. with members
4
throughout the state within the meaning of Government Code section 54954(d). Claimant
5
6 believes that it is a local government under Article-XIII, sections 3 and 11 of the California
7 Constitution, but not a county, city or municipal corporation within the meaning of section
8 1840 of the Revenue and Taxation Code, and therefore that 18 Ca1.Code Regs. § 451 et seq.
9 may be inapplicable to this application. However, Claimant believes the State Board-of
10 Equalization has jurisdiction over this application under its prior decisions. Therefore
11
Claimant is filing this application concurrently with the State Board of Equalization and the
12
Z LL It
Board of Supervisors of the County of Contra Costa, and a copy with the Assessment
° 3 ¢ 0 0
13
° " W Appeals Board. Claimant is prepared to file.a separate statement of points and authorities in
Q _Q14
'< N
Z z � g 15 support of this application.
Q3WW 16
m
N C4o 2. Under Government Code section 990.4 and the joint powers agreement
g y 17 establishing and creating Claimant (a full, true and correct copy of which is attached hereto
18
as Exhibit 1), Claimant was formed to exercise the powers common to its local government
19
20 agency members to provide self-insurance for the operations of their hospitals. The 61 local
21 government agencies which were members of Claimant as of March 1, 1994 included
22 California local health care districts, counties throughout the state and a Nevada Hospital
23 Liability Cooperative, as listed in Exhibit 2, attached hereto.
24 3. Program BETA operate programs of self-insurance, risk management and
25
claims administration throughout the state of California pursuant to Article 16, section 6 of
26
27
the California Constitution.
28 4. On April 27, 1994, Claimant acquired the certain property (hereinafter called
OV"IM\2%53.1 -2
T i
i
1 the "Property") located in the County and described as follows:
2 PARCEL B, AS SHOWN ON THE PARCEL MAP FILED OCTOBER
3 9, 1980, IN BOOK 90 OF PARCEL MAPS AT PAGE 7, CONTRA
COSTA COUNTY RECORDS (A.P.NOS. 198-061-005 AND 013)
4
which consists of land and improvements (on APN No. 198-061-005) and the exclusive right
5
6 to occupy and control a parking lot under leasehold rights (APN No. 198-061-013) from
7 First Nationwide Bank, a federal savings bank. Exhibit 3, attached, is a copy of the grant
8 deed conveying the property to Claimant.
9 5. In May 1994, on September 15, 1994, October 25, 1994 and November 22,
10 1994, Claimant gave notice as required pursuant to section 5082.1 of the Revenue and
11
Taxation Code that the Property was acquired by it as a local government agency under
12
z e 13 section 5081 of the Revenue and Taxation Code, and requesting that the taxes thereon be
{- ID
Z N N t0
W 14 cancelled for the remaining portion of the 1993-94 fiscal year after April 27, 1994, the date
Q 15 of apportionment, and subsequent fiscal years. Copies of such notices are attached as
oo00V 5
ma3sW 16
N : o Exhibits 4, 5 and 6 hereto.
Z
3 g N 17EL
6. Claimant is entitled to cancellation and a refund of the taxes assessed on the
18
Property in the full amount of the taxes paid in the amount of$3,592.96 in taxes to be
19
20 cancelled as of the April 27, 1994 apportionment date for the 1993-94 fiscal year,
21 $18,998.59 for the 1994-95 fiscal year ($9,951.64 which was paid on January 20, 1995 and
22 $9,046.95 paid on April 3, 1995), and cancellation of property taxes for subsequent fiscal
23 years in which Claimant owns the Property as of the March 1 lien date for the reasons set
24 forth below. Claimant was erroneously taxed under section 11 of Article XIII of the
25
California Constitution. Copies of the Secured Property Tax Bills, payments made and
26
notice of Escape Assessment are attached as Exhibit 7, hereto.
27
28 7. Claimant is entitled to the refund and cancellation of taxes described in
GVM\r[.ns\2%53.1 —3—
1 paragraph 6, and a determination that it is exempt from future property tax assessments
2 because the Property is exempt from property taxation under section 6595.7 of the
3 Government Code as
property Yacquired by and for the Claimant a joint Powers authority,
4
8. Claimant is entitled to a refund and cancellation of taxes described in
5
6 paragraph 6 because the Property is exempt from property taxation as property used for
7 hospital and charitable purposes, owned and operated by a governmental tax-exempt
8 organization under. section 214 of the Revenue and Taxation Code, as described in Exhibit 8.
9 9. Claimant is entitled to a refund and cancellation of taxes described in
10 paragraph 6 because the Property is exempt from property taxation as local government
11
property under Article XIII, section 3(b) of the California Constitution.
z o UM' 10. Claimant is entitled to a refund and cancellation of taxes described in
Z LL '° 13
US
Zog paragraph 6 because the Property is exempt from property taxation as stateProPe Y
under
Zm 15 Article XIII, section 3(a) of the California Constitution.
(70M $
k N C d
N < 3 0 16 11. No refund of the taxes, has been made, except that, in addition to the taxes
(Rp a
a y 17 reflected on the secured property tax bills assessed against Claimant, and paid as described in
18
paragraph 6 hereof: (1) Claimant was assessed and paid an additional sum in unsecured
19
20 property taxes for the 1994-95 fiscal year; however, such amount was properly refunded in
21 full by the County of Contra Costa to Claimant on November 23, 1994, and is not claimed
22 here; and (2) penalties assessed in connection with the payment by Claimant of the first
23 installment of the secured property tax assessments for the 1994-95 fiscal year were paid and
24 properly refunded to Claimant on April 3, 1995 (copies of such refunds are included in
25
Exhibit 7) and are not claimed here. Based on the receipt of the refund of its unsecured
26
27 property tax payment, Claimant believed that the County of Contra Costa had determined
28 that Claimant is a local government agency, that the Property described herein was and is
aVMPLW\2%53.1 -4-
eS
1 exempt from property taxation, and that no further action was necessary on Claimant's part
2 to establish its tax-exempt status.
3 12. Claimant requests written notification on any action taken on this claim by the
4
Board of Supervisors.
5
6 13. Claimant requests attorney fees to the full extent allowed by law, including but
7 not limited to awards under Government Code section 800 and Revenue and Taxation Code
8 section 1611.6.
9 14. Claimant requests interest at the legal rate under section 5151 of the Revenue
10 and Taxation Code.
11
15. The undersigned is the General Counsel of the Program BETA Risk
12
z a Management Authority. I have read this claim and declare under penalty of perjury that the
°
LL 'a 13
3 ¢s �
zg � N
° " � 14 to the best of my knowledge that the foregoing is true and correct.
Qa < � -
a �Z- 04 0 15 Dated: , 1995 at San Diego, California
(90 °¢° U
mQ3 _WJ 16
W g y 17
3
18 Prog TA Risk Management Authority
Claimant
19 by its General Counsel, Gregory V. Moser
20
21
22
23
24
25
26-
27
28
aV WLDS\2%53.1 —5—
WEISSBURG AND ARONSON, INC.
Gregory V. Moser, Bar No. 101137
555 California Street Suite 2400
San Francisco, CA 94104
(415) 434-4484
Attorneys for Applicant
PROGRAM BETA RISK MANAGEMENT AUTHORITY
BEFORE THE STATE BOARD OF EQUILIZATION
ABBREVIATED CASE TITLE: In the Matter of the Application of PROGAM BETA
PROOF OF SERVICE BY HAND DELIVERY
1, the undersigned declare:
That I am, and was at the time of service of the papers herein referred to, over the age
of eighteen (18) years, and not a party to the action; and I am employed in the City and
County of San Francisco, State of California. My business address is 555 California Street,
Suite 2400, San Francisco, California, 94104.
On July 14, 1995, 1 served a copy, of the attached
APPLICATION AND CLAIM FOR REFUND OF TAXES AND REQUEST FOR ORDER
in the foregoing said cause by causing a true copy thereof to be personally delivered via
messenger to the following person(s) at the following address(es):
Mary.LaMarshe
Auditor Appraiser
Contra Costa County Tax Assessor's Office
651 Pine Street, 5th Floor
Martinez, CA 94553-1213
Contra Costa County
Board of Supervisors
Clerk's Office
651 Pine Street, Room 106
Martinez, CA 94553
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on July 14, 1995, at San Francisco, California.
B dictin
a`
1 i
PROGRAM BETA RISK IUUMGEMT AUTHORITY
JOINT POWERS AUTHORITY AGREEKENT
THIS AGREEMENT, is entered into pursuant to the provisions of Title 1, Division
7, Chapter S, Article 1, (Section 6500, et seq.) of the California Government Code, relating
to joint exercise of powers, between the local hospital districts, counties and other
government entities which operate hospitals, clinics and other health related facilities, and
which have signed this Agreement, and those that may sign hereafter, for the purpose of
operating a program of self-insurance and/or insurance for professional liability and other
coverages for those hospital districts and those counties and other government entities which
own and operate hospitals, clinics and other health related facilities, which program is
hereinafter designated "PROGRAM BETA.'
WITNESSETH:
WHEREAS, it is to the mutual benefit and in the best public interest of the parties to
this Agreement to join together to establish this Joint Powers Authority Agreement for the
purposes hereinafter set forth; and
WHEREAS, the development, organization and implementation of such a program is
of such magnitude that it is necessary for the parties to join together with this Joint Powers
Authority Agreement in order to accomplish the purposes herein set forth; and
WMLEAS, the parties hereto have determined that there is a need by district
hospitals, county hospitals and other government-owned hospitals, clinics and other health
related facilities for a self-insurance program and/or insurance for professional liability and
other coverages; and
WHEREAS, it has been determined by the parties that group self-insurance and /or
group insurance purchasing for professional liability and other coverages is of value on, a
mutual basis; and
WHEREAS, a group self-insurance and/or insurance program can adequately serve
the needs of all the parties; and
WHEMAS, Tide 1, Division 7, Chapter S of the Government Code of tete State of
California audweb es joint eur:i3e by two or more public agencies of any power common to
them; and
WHEREAS, it is the desire of the parties signing this Agreement to jointly provide
for a group self-insurance and/or insurance programs for professional liability and other
coverages for their mutual advantage;
EXHIBIT 1
WAS, Government Code Section 990.8 provides that two or more local entities
may, by a joint powers agreement, provide insurance for any purpose by any one or more of
the methods specified in Government Code Section 990.4; and
WHEREAS, each of the parties to this agreement desires to join together with the
other parties for the purpose of pooling certain self-insured claims and losses, as provided in
Government Code Section 990.8, and/or jointly purchasing excess insurance and
administrative services in connection with self-insurance and/or insurance programs for said
parties;
NOW, THEREFORE, for and in consideration of the mutual advantages to be
derived, and in consideration of the execution of this Agreement by hospital districts,
counties and other governmental entities, each of the parties hereto does hereby agree that
the Program BETA Risk Management Authority ('Authority') be created as follows:
I
DEFINITIONS AND GENERAL PROVISIONS
1. "Authorijy' shall mean the Program BETA Risk Management Authority.
2. 'BETA Council•. The board of directors of the Program BETA Risk Management
Authority, consisting of representatives of Participants, and charged with the responsibility of
governing the Authority and its programs.
3. "Certificate of Partition'. The document issued to each Participant evidencing its
participation in PROGRAM BETA.
4. "may Any local governmental agency denoted as such by law.
S. "Comae Contract% The basic agreement of self-ins wce which defines the extent
of the Authority's coverage of Participants' liability.
6. 'Fiscal Yesr' shall man that period of time commencing July 1 of each year and
ending on the following June 30.
7. •. The bank or trust company organized under the laws of the State of
California, which shall have title to those funds which are required by law to be held in trust
for the benefit of the Participants and manage the investment of them.
avmnaimui%.r '
3/141% -2-
8. "E '. Unless the context otherwise specifies, all monies paid into the Authority
or any of its programs, including any earnings thereon, or any other sums coming to the
Authority from any source.
9. "•GovernMotal sAny political subdivision, or nonprofit corporation affiliate
owning a health facility, or nonprofit corporation operating a health facility which is
considered a local government agency for the purposes of self-insurance, empowered to
execute this Agreement under the laws of the State of California.
10. "Occupied Beds The daily average number of beds, cribs, and bassinets used for
patients during the coverage period.
11. "per". Any county or governmental entity, which is a signatory member of
the Authority; provided, however, that this definition shall not be consumed to prevent the
Authority from extending coverage to any subsidiary, wholly-owned, or affiliated public
entity upon terms and conditions approved by the Board.
12. *Proz= Administr2torm. The contractor or consultant retained, or staff employed
by BETA Council to administer PROGRAM BETA.
13. "PROGRAM BETA The self-insuring plan created for the benefit of the
Participants.
14. "Program DirectQ=' shall mean the manager of the day-today affairs of the
Authority, appointed by the BETA Council.
15. " shall mean an individual or legal entity, either under contract
with or employed by the Authority, to provide underwriting services.
16. "$fig" shall mean funds not yet committed to the payment of a valid claim but
held for the payment of claims.
17. "R' " shall mean the process of identifying, evaluating, reducing,
transferring, sharing, financing, and eliminating risk. Risk management includes various
elements of insurance, law, , technology, accounting, and general business to
effectively manage hazards and losses to which Participants may be exposed.
18. IRLiLmWinir or dwzftg shall mean any common fund: (1) which is composed of
cash, investments permitted by Government Code Section 53601 et seq., or other assess; (2)
to which two or more Participants have agreed to contribute in accordance with the terms of
a certificate of participation and the coverage contracts in which pnrticipaaon is voluntary;
(3) from which claims and risk management costs of any contributor to that common fund
shall be paid; and (4) which operates in accordance with this joint powers agreement.
avu�+®misiss�
3VI4A* -3-
19. shall mean providing for claims, losses, and risk management by
risk-pooling and the maintenance of reserve funds by a Participant.
20. "Self-insured retention" or "retained limit' shall mean the amount below which a
Participant is liable, at its own expense, under the Certificate of Participation or other
insurance program.
II
1?URPOSES AND TERM
1. $u=ses. The purposes of the Authority are to provide essential protection to
Participants otherwise not obtainable; to secure excess insurance on a group basis, deemed
appropriate; to provide Participants with the mechanisms to accumulate, administer and
invest funds to self-insure or insure as a group various liabilities up to a specified,
predetermined amount; and to effect cost savings to Participants in the administration of such
self-insurance, insurance and or irisurwm and risk management programs as may be
established by the Authority in order to reduce the cost of health care to the patient-
consumer.
2. T=. This Agreement shall become effective as of the date hereof, and shall
continue in full force and effect until it is terminated and the Authority is dissolved as
provided herein.
III
CREATION OF AUTHORITY
Pursuant to Section 6500 et seq. of the Government Code, there is hereby created a
public entity, separate and apart from the parties hereto, to be known as the Program BETA
Risk Management Authority. Pursuant to Government Code Section 6508.1, the debts,
liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations
of any party to this agreement.
ry
1. $ The overall responsibility for administration of PROGRAM BETA
and the Authority shall be vested in BETA Council.
2. Agents. Each Participant hereby appoints BETA Council and its delegates or
designees to act as its agents in executing all contracts, reports, waivers, agreements and
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service contracts and to maim and arrange for the payment of claims and all other things
required for the propel and orderly operation of PROGRAM BETA.
3. Bylaws. The Authority shall be governed pursuant'to this Agreement and to the
Bylaws . Amendment of the Bylaws may be proposed by any Participant or member of
BETA Council. -A copy of the proposed amendment and the reasons therefor shall be
presented to BETA Council, if not proposed by BETA Council. All proposed amendments
shall be approved by a two-thirds vote of BETA Council. Upon its approval, the amendment
shall be disseminated to all Participants. The effective date of any amendment shall be the
July 1st following adoption, unless otherwise stated in the amendment. Each party to this
Agreement agrees to comply with and be bound by the provisions of the said Bylaws and
further agrees that PROGRAM BETA and the Authority shall be operated pursuant to this
Agreement and the said Bylaws.
4. BETA Council. The governing body of the Authority shall be known as the 'BETA
Council.' Upon approval by the Participants of this amended agreement, the Council shall
continue in office and shall be responsible for overseeing the operation of PROGRAM BETA
and organization and operation of the Authority, as provided herein. BETA Council shall
establish such policies and guidelines as may be necessary to carry out PROGRAM BETA.
The organization and structure of BETA Council shall be established in the Bylaws, as they
may be amended as provided therein.
V
POWERS OF AUTHORITY
1. The Authority shall have the following common powers and is hereby authorized to
do all acts necessary for the exercise of said common powers:
A. To make and enter into contracts, including contracts of insurance and
self-insurance for its Participants providing for risk-pooling or sharing, whether or not
subject to regulation it the Insurance Code, to the extent and in the manner permitted
under Government Code Sections 990, 990.4, 990.8, and 6508, or any other provision of
law;
B. To hire employees, and contract with consultants and legal counsel;
C. To invest and reinvest money in the treasury of the Authority pursuant
to Government Code Section 53601;
D. To incur debts, liabilities, or obligations;
E. To acquire, hold, lease, or dispose of property;
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F. To sue and be sued in its own name; and
G. To exercise all powers necessary and proper to carry out the terms and
provisions of this agreement, or otherwise authorized by law.
2. Said powers shall be exercised pursuant to the terms hereof, subject to the restrictions
upon the manner Of exercising the powers set forth in the Local Hospital District Law.
(Division 23 of the Health & Safety Code.)
VI
BETA COUNC L
1. The Authority shall be governed by the BETA Council which is hereby established
and which shall be composed of not less than 7 , nor more than 21 representatives of the
Participants, who shall be elected by the Participants, in accordance with the bylaws of the
Authority.
2. Each member of the BETA Council shall serve for a term of four years and until a
successor is elected or appointed. Each Council member shall have one vote.
3. . There shall be an annual meeting of Participants for the
purpose of electing members of BETA Council and to transact any other Authority business.
The annual meeting, and any additional meetings, shall be held at the call of the Chair.
Twenty percent of the Participants may also call a meeting of Participants. A majority of the
Participants shall constitute a quorum of transaction of business at the meeting. The Liability
Cooperative of.Nevada (L ICON) shall be deemed to be a single Participant for purposes of a
quorum. Each Participant shall be repremted at meetings by its chief ctecutive officer or
his or her designee. If a designee is to represent the Participant, written notice from the
Participant's Board of Trustees shall be provided to the Authority.
VII
POWERS OF THE BETA COUNCII.
The BETA Council shall have the following powers and functions:
A. The MA Council may review all acts of the Executive Committee and shall
have the power to modify and/or override any decision or action of the Executive Committee
upon a majority vote of the entire BETA Council.
B. The Council shall review, modify, if necessary, and approve the annual
operating budget of the Authority prepared by the Executive Committee.
ovmAaWnI5I%.3
C. The BETA Council shall receive and review periodic accountings of all funds
under this agreement.
D. lle BETA Council shall have the power to conduct, on-behalf of the
Authority, all business of the Authority, including that assigned to the Executive Committee,
which the Authority may conduct under the provisions hereof and pursuant to law.
E. The BETA Council shall have such other powers and functions as are provided
for in this agreement.
VIII
he =GS OF BETA COJM
1. Morlings. BETA Council shall provide for its regular, adjourned regular, and special
meetings upon call of the Chair, Vice Chair, or Program Director of the Authority;
provided, however, that it shall hold at least four (4) regular meetings annually, as set forth
in the bylaws.
2. Miniltes. The Secretary of the Authority shall cause minutes of regular, adjourned
regular, and special meetings to be kept and shall, as soon as possible after each meeting,
cause a copy of the minutes to be forwarded to each member of the Council.
3. Ste. A majority of the members of the Council shall constitute a quorum for the
transaction of business, except that less than a quorum may adjourn from time to time. A
vote of the majority of a quorum present at a meeting shall be sufficient to constitute action
by the Council, except as otherwise specifically set forth in this Agreement or in the bylaws.
IX
1. There shall be an Executive Committee of the BETA Council which shall consist of at
least four members of the Council, as provided in the bylaws.
2. Vacancies on the Bxemidw Committee shall be filled as provided in the bylaws.
X
PD)VM OF THE EXECUrrVE COMM=
BETA Council may delegate to the Executive Committee such powers as BETA
Council deems appropriate.
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XI
MEEnNCS OF THE EXECUTIVE COMMITTEE
The matings of the Executive Committee shall be held and conducted as provided in
the bylaws. The Committee shall make periodic reports to BETA Council, advising the
Council of its decisions and activities.
XII
OFFICERS OF THE AUTHORITY
1. Chair, Vice Chair. Secretary and Treasurer-Auditor. The BETA Council shall elect
from the Council a Chair, Vice Chair, Secretary and Treasurer-Auditor of the Authority for
terms of not less than one nor more than four years, as provided in the bylaws, each to hold
office until a successor is elected. In the event an officer so elected ceases to be a member
of the Council, the resulting vacancy in the office shall be filled at the next regular meeting
of the Council held after such vacancy occurs. The Executive Committee may appoint an
interim officer pending action by the Council. In the abseaa or inability of the Chair to act,
the Vice Chair shall act as Chair. The Chair, or in his or hes absence the Vice Chair, shall
preside at and conduct all meetings of the Council and shall chair the Executive Committee.
2. Other Officers. The BETA Council shall have the power to appoint such other
offices as may be necessary to carry out the purposes of this Agreement.
XIII
CONTRIBUTIONS AND OPERATIONS
1. Contributions. The parties agree that each Participant shall make payment of
contributions to PROGRAM BETA and the Authority. The amount of such contribution for
each Participant shall be determined as provided in the Coverage Contracts entered into by
such Participant, and any rating endorsements which are made a part of such Coverage
Contracts. It is agreed that that must be a timely and orderly method of determining and
paying such oamnbutioas. BETA Council is therefore authorized and directed to establish
the rate of eoWzibution for each Participant, and the time schedule for payment of such
contribution. The timely payment of all contributions to PROGRAM BETA and the
Authority by each Participant shall be a condition precedent to the continuation of
participation by each Participant in PROGRAM BETA and the Authority.
2. Annual Nature of Contributions. Participation in PROGRAM BETA, except initial
participation which may be less than one (1) year, shall be for one (1) year at a time
commencing July 1 and ending June 30, subject to termination at any time upon either
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Program BETA or Participant giving thirty (30) days' notice in writing to the other, unless
otherwise provided in the Coverage Contract accepted by Participant. Participation may be
renewed for additional one (1) year terms by submitting to the Authority prior to the close of
the then-current term, such information as BETA Council may require or may specify in the
Coverage Contract, and by remitting to the Authority upon such payment schedule as the
Authority shall specify, the Participant's contribution for the following year.
3. Computation and Notice of Contribution. The amount to be contributed by each
Participant shall be determined by BETA Council no later than sixty (60) days prior to the
end of the fiscal year.
The computations shall be made based on independent actuarial computations, taking
into account factors such as, but not limited to, the total number of beds, outpatient visits,
inpatient visits, physicians on the medical staff, surgeries, and loss experience.
4. Loss Control and Risk Manage. Participants agree to follow the loss prevention
and risk management recommendations of BETA Council, and to abide by all conditions,
requirements, rules and regulations regarding loss control and risk management which may
be promulgated by BETA Council.
S. Right to Inspect. As provided in the Coverage Contracts, each Participant agrees that
BETA Council, Administrator, or any of their respective agents, servants, employees or
attorneys shall be permitted at any reasonable time to inspect Participant's property and
operations and to examine Participant's books, documents and records as necessary in the
proper operation of PROGRAM BETA or the Authority.
6. Audi BETA Council shall obtain an annual audit of the financial affairs of
PROGRAM BETA and Authority, by a certified public accountant at the end of each fiscal
year in accordance with generally accepted auditing principles. A copy of the annual audit
report shall be delivered to each Participant. The costs of such audit shall be paid from the
funds of PROGRAM BETA and Authority, as appropriate.
7. Management„Aigil. BETA Council shall arrange for triennial risk sharing pool
management audits of Program BETA by a qualified consultant. Such audit shall be
addressed to underwridn and claims operations, procedures and practices, including claims
reserving, and snch other opwadions as may be determined by BETA Council. BETA
Council is also empowered to retain an independent actuary in connection with such audits.
8. Binding Nam= Any County or Governmental Entity which makes application for
participation in PROGRAM BETA, and is accepted as a Participant and signs this
Agreement, shall dwmipon become a party to this Agreement and shall be bound by all the
terms and conditions hereof; provided, however, that any County or Governmental Entity
may be refused admission to the Authority or any program thereof in the sole discretion of
BETA Council.
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3114M —9—
9. D Soosit of Funds. Participants shall pay contributions to the Authority which shall
deposit them with Fiduciary to be administered by BETA Council pursuant to the provisions
of PROGRAM BETA. The contributions and income therefrom shall be accumulated to pay
the professional, general liability and other claims against each Participant together with
allocated costs and administrative costs, up to a specified amount to be determined from time
to time by BETA !Council. Participants may also pay contributions for participation in other
insurance programs to the Authority which shall be administered by BETA Council pursuant
to the provisions of those programs, this Agreement and the Bylaws. Funds received by
Program BETA as contributions shall be deposited and invested in accordance with laws of
the State of California pertaining to the investment of excess funds of Governmental Entities.
10. Contributions by Partici=ts. Without in any way limiting the powers otherwise
provided for in this Amt, the Bylaws, or by statute, the Authority shall have the power
and authority to receive, accept and utilize the services of personnel offered by any
Participants or its representatives or agents; to receive, accept, and utilize property, real or
personal, from any Participant or its agents or representatives; and to receive, accept, expend
and disburse funds contract or otherwise, for purposes consistent with the provisions of this
Agreement, which funds may be provided by any Participant, its agents, or representatives.
11. Excess Insurance e and Reinsurance. The Authority shall obtain or cause to be
obtained such excess :insurance or reinsurance as may be necessary and prudent in the
judgment of BETA Council. The expense of such excess insurance or reinsurance shall be
paid from the Funds of the Authority.
XIV
CLAIMS ADMINISTRATION & PAYMENT OF PROGRAM BETA LOSSES
1. General. The principal purpose for the establishment of PROGRAM BETA is to
provide for the orderly presentment, examination, investigation, defense or settlement of
certain identified claims made by third parties against the Participants. It is agreed and
understood that the Authority shall use the sums contributed by the Participants in connection
with PROGRAM BETA to pay such losses and claims.
2. Pre=tment of QaimL The services and benefits to be provided it PROGRAM
BETA shall be paid or furnished to or for the benefit of a Participant with respect to a
particular incident or claim only if the Authority is notified as required by the Coverage
Agreement.
Upon presentation of a claim to the Authority under PROGRAM BETA, the following
accounting procedures shall be followed in connection with such claim:
(a) The claim shall be evaluated as to probable loss exposure and defense cost.
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(b) The sum so determined shall be established as a reserve. Such reserved sum
shall be held for the administration and payment of such claim, and for no other
purpose.
(c) Reserves shall be established in order of the presentation of claims.
(d) The reserves shall be adjusted from time to time based upon the then
evaluation of such claim reserved against. Such adjustment shall not have the effect
of diminishing any other previous reserves.
BETA Council and its designees shall be advised by Program Administrator as to the
current status of claims against Participants.
3. Investigation and Defense. Administrator will investigate, or cause to be investigated,
all such claims referred to in the foregoing paragraphs and will attempt to adjust or settle
such claims, in accordance with the Authority delegated to Administrator by BETA Council
or the Participant involved. As required, and subject to the provisions of the Coverage
Contracts, the Authority, through its designated counsel will provide legal defense of claims
against Participants. The Participant agrees to aid the Authority in such matters and to
provide and make available all information and personnel as may be reasonably required in
the opinion of Administrator to fully investigate and defend the claim.
4. Ptyment of Benefits. Fiduciary shall pay claims as directed in writing by -BETA
Council. Said writing shall contain the following:
(a) The name, address and social security number of the payee;
(b) The amount to be paid;
(c) The manner in which payment is to be made;
(d) Any conditions, limitations or special instructions with respect to such
payment;
(e) The ue(s) authorized by BETA Council.
It is under food that BETA Council and Administrator shall use their discretion in
making judgments and ammptim as to the actual value of any claim and making such
reserves based on such judgments.
S, installment Payment of Judgments. Upon recommendation of and
General Counsel, BETA Council is authorized to seek authority for installment payment of
judgments, pursuant to prvviuoas of California law.
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xv
MMENATION OR WITHDRAWAL OF PARTICIPANT
1. Withdrawal of Partici=t. A Participant may terminate its participation in Program
BETA, programs-of the Authority, or the Authority by giving at least thirty days' written
notice, unless otherwise provided in the coverage contracts, insurance policies or certificates
of participation issued by or through the Authority, but such Participant shall remain liable
for any unpaid contribution which shall have accrued prior to termination of its participation.
The rights of a Participant after termination shall be limited to those benefits which have
accrued as of the date of termination as determined by the provisions of the Certification of
Participation, or other evidence of coverage and/or insurance issued to the Participant.
2. Involuntary Termination. A Participant may be terminated by the Authority for:
(i) Failure to comply with any term or condition of Coverage Contracts, insurance
policies, certificates of participation issued by the Authority;or
(ii) With or without rause, upon a 2/3 vote of the members of BETA Council.
3. Adjustll en . Participant shall remain liable for any unpaid contribution which shall
have accrued prior to withdrawal or termination of its participation in PROGRAM BETA, or
any other program of the Authority. Adjustment for amounts of contribution due
PROGRAM BETA upon termination shall be made within thirty (30) days of the time at
which cancellation is effective.
4. Continued Liability. If at any time within three (3) years after a Participant's
withdrawal or termination, BETA Council determines that PROGRAM BETA, or any other
program of the Authority in which the terminating party participated is in danger of
insolvency, such withdrawing party may be assessed to maintain the solvency of such
program or programs. The amount of any such terminated or withdrawn party's assessment
shall be in the same proportion to the total assessment as the contributions paid by that party
during its participation in the program or programs bear to all contributions paid by all
participating parties from the inception of the program or programs.
S. pt's L bila. Except as otherwise provided by individual contract, pursuant
to the provisions of Section 895, of the Government Code of the State of California, each
Participant shall be liable for its pro rata share of the debts and liabilities of the Authority,
and its pro rata share of all debts and liabilities for claims against all Participants arising out
of facts occurring while a Participant. A Participant's pro rata share of debts and liabilities
shall be determined in the same manner as a withdrawing Participant's pro rata share of
assets is determined. To achieve such purpose, each Participant indemnifies and holds
harmless the other Participants for any loss, cost or expense that may be imposed upon such
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3114M -12-
other Participant in excess of such pro rata liability. The rules therefor as set forth in Civil
Code Section 2778 are hereby made a part of this Agreement.
XVI
PROGRAM ADNffMSTRATOR
1. Appointment of Program Administrator. BETA Council shall appoint or employ an
experienced and qualified Program Administrator to administer the Authority, including
PROGRAM BETA. Such Program Administrator may be a person, association, partnership,
corporation, contracted or employed staff, or any other form of entity.
2. Duties of Program Administrator. Program Administrator shall have all such duties
and authorities as may be delegated to it by BETA Council. BFTA Council shall enter into a
service agreement or establish policies and procedures which shall specify all of the duties
and obligations of the Program Administrator.
XVII
FIDUCIARY
1. Designation of Fiduciary. BETA Council shall appoint an institution qualified under
the laws of California to do a trust business as Fiduciary.
2. Duties. In accordance with policy guidelines established by BETA Council, Fiduciary
shall be responsible for investing all funds of PROGRAM BETA and such other funds of the
Authority as BETA Council may direct. Fiduciary shall have custody of all such funds and
shall pay all claims and settlements on behalf of.PROGRAM BETA as directed by
Administrator.
3. Pie. Fiduciary shall be paid such reasonable compensation as shall be agreed
upon, from time to time, by Fiduciary and BETA Council. Said compensation shall be an
expense of PROGRAM BETA and the Authority.
4. $ . Fiduciary may resign at any time by delivering written notice to BETA
Council. Any such resignation shall be effective not less than sixty (60) days after delivery.
S. Re BETA Council may remove Fiduciary at any time by delivery of written
notice to Fiduciary. Such removal shall be effective not less than sixty (60) days after such
delivery.
6. A=intment of Succeswr Fidu Upon removal, resignation or other termination
of Fiduciary, BETA Council shall appoint a successor Fiduciary within thirty (30) days
following the date Fiduciary fails to qualify or ceases to act.
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3114M —13-
7. Suc=xz Fidgd&a. Any successor Fiduciary shall be a recognized independent
fiduciary such as a bank or trust company organized under the laws of the State of California
and authorized by law to administer and control funds. All successor Fiduciaries shall have
the same powers, authorities, obligations, and limitations as the original Fiduciary. The
appointment of any successor Fiduciary shall be effective upon the date the Fiduciary which
such successor Fiduciary is succeeding, ceases to act.
XYIII
ACCOLT?M A_ND RECORDS
1. Annual Budeet. The BETA Council shall annually adopt an operating budget for the
Authority.
2. Funds and Accounts. The Treasurer-Auditor of the Authority shall establish and
maintain, and shall cause Fiduciary to establish and maintain, such funds and accounts as
required by the BETA Council and as required by good accounting practice. Books and
records of the Authority in the hands of the Treasurer-Auditor shall be open to any
inspection at all reasonable times by BETA Council and as otherwise required by law.
3. fid. A bond in the amount determined adequate by BETA Council shall be
required of all officers and personnel authorized to disburse funds of the Authority, such
bond may be paid for by the Authority.
XIX
ACTUARY
1. BETA Council shall retain an Actuary.
2. pyo. Actuary shall have all duties and authorities as may be delegated to it by
BETA Council in a written contract between Actuary and BETA Council. It is contemplated
that the duties of Actuary shall include but not necessarily be limited to the following:
(a) Recommend cont-ibwtion rates;
(b) Review mini ;
(c) Maniclaims and analyze loss reserves;
(d) Monitor participation in all self-insurance and insurance programs;
(e) Assisi BETA Council in financial planning;
(f) Evaluate reinsurance proposals.
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-14-
3. The professional fee paid Actuary for its services shall be an expense of
PROGRAM BETA, except as to any actuarial services provided for other insurance programs
of Authority. TLe professional fee may be based on a flat sum, an hourly rate, or another
method as the parties may specify. Unless otherwise specified in the contract, the
professional fee shall be full payment by the Authority for discharge of Actuary's duties.
The professional`fee shall include all overhead expenses of the Actuary except extraordinary
items such as duplication of copies, long-distance telephone calls, motels, hotels, travel by
public conveyance or other items not incidental to normal overhead.
4. Termination. The contract between the Authority and Actuary may be terminated by
either party on thirty (30) days' written notice to the other party of such termination, in
which event Actuary shall be paid for all services rendered by it up until the effective date of
such termination, but shall not be paid for any work it may do thereafta except as otherwise
specifically agreed. Upon termination, Actuary shall return all books, records, files and
other items pertaining to PROGRAM BETA and any other program of the Authority, its
Participants and their claims to the Authority or its designee, promptly upon request by
BETA Council.
XX
LEGAL COUNSF-L
1. AMintmen BETA Council shall appoint an attorney for the Authority to serve as
General Counsel, whose services may be made available to PROGRAM BETA upon request
by BETA Council or Administrator. BETA Council may retain Special Counsel as needed.
2. Payer. The professional fees of General and any Special Counsel for services
rendered to the Authority shall be based on a retainer, an hourly rate, or other method as
the parties may specify. The professional fees shall include all normal overhead expenses of
General and Special Counsel except items such as duplication of copies, long-distance
telephone calls, hotels, motels, travel or other items not incidental to normal office overhead.
XM
1. Amend . Participants may amend this Agreement at any time and from time to
time by an instrument in writing approved by a majority vote of BETA Council and executed
by a majority of the Participants, provided, however, that:
(a) No amemdment shall reduce the benefit of a Participant for any fiscal year
which Participant was a fully qualified Participant in PROGRAM BETA, without their
written consent.
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Upon approval, as above, by BETA Council, and upon execution of any amendment
by a majority of the Participants, the said amendment shall immediately be effective and
binding upon all Participants. Any Participant which has failed to sign the amendment shall
have the option of withdrawing from the PROGRAM and the Authority on the first day of
the month next following the month in which a majority of the Participants have completed
approval of the a iendment, or remaining in the PROGRAM and Authority and being bound
by such amendment.
2. Termination by Ag=ment. Participants may terminate PROGRAM BETA, or any
other insurance program of the Authority or the Authority without a successor program or
entity effective as of the end of the then-current fiscal year by an instrument in writing
approved by a majority vote of BETA Council, executed by a majority of the Participants;
provided, however, if PROGRAM BETA or any other insurance program of the Authority or
the Authority shall be so terminated, such termination shall not reduce or terminate the
rights, benefits, and obligations of any Participant as to any claim theretofore presented.
3. Termination by Withdrawals. If, at any time, by reason of withdrawals or
terminations of Participants, the Actuary shall advise and BETA Council concurs that
PROGRAM BETA, or any other insurance program of the Authority is no longer
economically feasible or actuarialy sound, then such program or programs shall be
terminated and dissolved by BETA Council.
4. DiMg ition of Funds Unon Termination. Upon termination of PROGRAM BETA, of
any other program of the Authority, Fiduciary shall retain in a liquidation fund such sums up
to the entire amount held by the Authority for the benefit of the Participants as the BETA
Council deems sufficient to pay the remaining obligations of the Authority. In the
alternative, the Authority may insure or reinsure all outstanding liabilities of Participants.
Any funds remaining after termination of PROGRAM BETA or other program of the
Authority, after adequate provision for all liabilities and claims thereunder, shall be
distributed to Participants and former Participants in the same proportion as each
Participant's (or former Participant's) total contributions paid by that Participant, reduced by
the amount of losses and allocated claims expenses paid on behalf of that Participant, bear to
all contributions paid by all Participants, reduced by the total losses and allocated claims
expenses paid on behalf of all Participants from the inception of PROGRAM BETA or other
program of the Authority to its termination. If the Authority insures or reinsures all
outstanding liabilities of Participants, any funds remaining in excess of amounts necessary to
pay the cost of a mb insurance or reinsurance shall be distributed to Participants in
accordance with this Section, not later than twelve (12) months after payment of the final
insurance or reinsurance premium. If the Authority elects to liquidate the liabilities by
means of a liquidation fund, any excess funds shall be distributed not later than twenty-five
(25) years following the date of termination of PROGRAM BETA or any other program of
the Authority. BETA Council shall determine such distribution within six months after
disposal of the last pending claim or loss covered by the program being terminated.
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S. Termination of the Authority_ The Authority itself may be terminated and dissolved
in the same massa and subject to the same conditions as any program may be terminated;
provided that, in addition, the Treasurer-Auditor shall disburse any funds in the treasury not
held by Fiduciary as directed by BETA Council. BETA Council is vested with all powers of
the Authority for the purpose of winding up and dissolving the business affair of the
Authority.
XOM
CLAIMS. LMGATION. OR JUDGMENTS AGAINST THE A rTHOR_TT'Y
1. Defense of Claims. As to any claim or action against the Authority which is based on
or arises out of an occurrence involving an officer or employee of the Authority during the
course and in the scope of such duties, who is also an office or employee of a Participant,
such claim or action against the Authority will be defended by the Authority to the map 1 t
authorized by law. Such claims or actions shall not be considered claims or actions against
such.Participant solely as a result of employment by the Authority.
2. Claims and ]udement A:ainst the Authority. Claims and judgments against the
Authority, its agents, BETA Council members, officers or employees, shall be paid from, or
charged to, the appropriate coverages or self-insured funds the Authority has established
and/or purchased against such claims, judgments or losses. Such amounts shall be paid from
the Authority's own coverage or self-insured funds.
3. Arbitration. Any differences, claims or matters in dispute arising between or among
Participants shall, if such differences arise out of this Agreement or the bylaws, be submitted
by such Participants to arbitration by the American Arbitration Association or its successor
under the pertinent provisions of the laws of the State of California relating to arbitration.
Disputes arising out of the Coverage Contracts, certificates of participation or other evidence
of coverage issued by the Authority shall be determined in accordance with the terms of such
agreements. The decision of the arbitrator(s) may be entered as a judgment in any court of
the State of California or elsewhere. Costs of arbitration, including reasonable attorneys
fees, shall be recoverable in arbitration.
xxM
hUSC E I.ANFO TS
1. Binding Nature. This Agreement contains the entire agreement of the parties and
shall be binding upon and inure to the benefit of the original parties hereto and any substitute
or additional parties who are bound hereby in accordance with the provisions hereof, their
successors and assigns.
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� ;> +
l
1 A
2. Notices. Any notices required by law or this Agreement shall be sufficient if given in
writing and deposited in the United States mail, postage prepaid, addressed to the Participant
at the last address on file with the Authority. Notices to be given to the.Authority shall be
directed to such address as the Authority shall designate for such purpose.
3. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants,
or conditions of this Agreement shall to any extent be judged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the
remaining terms, provisions, promises, covenants and conditions shall not be affected
thereby, and shall be valid and enforceable to the fullest extent permitted by law.
4. Successors. This Agreement shall be binding upon and shall inure to the benefit of
successors of the parties.
S. CounlcMaw. This Agreement may be executed in one or more counterparts, and
shall be deemed effective as to all signatories as though signed in one document.
fThis provision dVlicates the defnitron of focal year in Article LJ
6. Inspection of Records. The Authority shall make all of its documents, books and
records related to the operations of PROGRAM BETA accessible and available to the
Secretary of Health and Human Services, to the Comptroller General or their duly authorized
representative as required by Section 952 of Public Law 96-499. Said access shall be limited
to four (4) years after the rendering of services costing $10,000 or more over a twelve (12)
month period.. This shall include all said services rendered after December S, 1980.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their proper officers thereunto duly authorized, and their official seals to be
affixed as of , 19_.
Name of District or other Governmental Entity
By:
Its:
"PARTICIPANT'
(SEAL)
Cr,n"C moi%.3
1
PARTICIPANTS
Alpine County Sierra Valley Hospital District
Alta Hospital District Solan County
Antelope Valley Hospital District Soledad Community Hospital District
Bear Valley Community Hospital District Sonoma Valley Hospital District
Bloss Memorial Hospital District So. Humboldt Community Hospital District
Camarillo Health Care District So. Inyo County Local Hospital District
Cambria Community Hospital District Surprise Valley Hospital District
Chowchilla Memorial Hospital District Tahoe Forest Hospital District
Cloverdale Hospital District Tehachapi Valley Hospital District
Coalinga Regional Medical Center Tri-City Hospital District
Corcoran Hospital District Valley Health System
Del Norte County Washington Township Hospital District
Eastern Plumas Hospital District West Contra Costa Hospital District
Fallbrook Hospital District West Side Community Hospital District
Hi-Desert Memorial Hospital,District West Side Hospital District
Indian Valley Hospital District
John C. Fremont Hospital District
Kern Valley Hospital District
Kingsburg Hospital District
Lake County
Lassen County
Liability Cooperative of Nevada (LiCON)
Lompoc Hospital District
Mayers Memorial Hospital District
Mendocino Coast Hospital District
Monterey County
No. Inyo County Local Hospital District
North Kern-South Tulare Hospital District
Oak Valley Hospital District
Palomar Pomerado Health System
Palo Verde Hospital District
Patterson Hospital District
Petaluma Valley Hospital District
Pioneers Memorial Hospital District
Placer County
Plumas Hospital District
Redbud Community Hospital District
Salinas Valley Memorial Hospital District
San Benito Hospital District
San Bernardino Mountains Hospital District
San Gorgonio Memorial Hospital District
Selma Hospital District
Seneca Hospital District
Sierra Kings Hospital District
EXHIRIT 2
1 WEISSBURG AND ARONSON, INC.
ATTORNEYS AT LAW
2 402 WEST BROA(AWAY, 23RD FLOOR RECEIVED
SAN DIEGO, CALIFORNIA 92101-3542
TELEPHONE 1619) 234-6655
3
4 GREGORY V. MOSER, Bar No. 101137 At 2 5 M5
ELIZABETH ISON, Bar No. 138382 CLERK BOARD OF SUPERVISORS
5 CONTRA COSTA CO.
Attorneys for PROGRAM BETA RISK
6 MANAGEMENT AUTHORITY
7
8
9
10 BEFORE THE STATE BOARD OF EQUALIZATION
11
12 In the Matter of the ) SEPARATE STATEMENT OF POINTS
13 Application of ) AND AUTHORITIES IN SUPPORT OF
APPLICATION FOR REVIEW AND
PROGRAM BETA RISK MANAGEMENT ) CLAIM FOR REFUND OF TAXES AND
14 AUTHORITY, ) REQUEST FOR ORDER
15 )
Applicant )
16 )
17
18
19
20
21
22
23
24
25
26
27
28
GVMU'IZS\2"o4.1
I TABLE OF CONTENTS
2 Page
3 I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4 II. SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5 III. PROGRAM BETA IS NOT A MUNICIPAL CORPORATION UNDER
SECTION 1840 OF THE REVENUE AND TAXATION CODE . . . . . . . . . . . . 4
6
IV. THE EXEMPTION OF PUBLIC PROPERTY FROM TAXATION IS
7 LIBERALLY CONSTRUED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 V. PROGRAM BETA RISK MANAGEMENT AUTHORITY IS A LOCAL
GOVERNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9
VI. PROGRAM BETA RISK-MANAGEMENT AUTHORITY'S
10 "BOUNDARIES," IF ANY, ARE THOSE OF THE STATE OF
CALIFORNIA, WITHIN THE MEANING OF ARTICLE XIII,
11 SECTION 11(A) . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 6
12 VII, EXEMPTION OF PROGRAM BETA IS CONSISTENT WITH THE
? N
a PURPOSES OF ARTICLE XIII, SECTION 11(A) . . . . . . . . . . . . . . . . . . . 10
Z at T 13
3sm VIII. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
0gN
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3 gy 17
18
19
20
21
22
23
24
25
26
27
28
GVM\rr us\299oa.1 -i-
I TABLE OF AUTHORITIES
2 Page
3 Cases
4 Bookout v. Local Agency Formation Commission (1975)
49 Cal. App. 3d 383, 386-87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5
City and County of San Francisco v. County of San Mateo
6 (June 22, 1995) 95 D.A.R. 8223, _ CalAth . . . . . . . . . . . . . . . . . . . 11
7 Connernoll v. Board of Directors
8 (1983) 138 Cal. App. 3d 915, 918-21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Housing Authority v. Dockweiler (1939)
9 14 Cal. 2d 437, 454, 94 P.2d 794, 803 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10 In re Sanitary Board of East Fruitvale Sanitary Dist..(19 10)
11 158 Cal. 453, 111 P. 3689 370 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
People v. City of Oakland (1891)
Z " 12 92 Cal. 611, 28 P. 807; McQuillin
1 Municipal Corporations 3rd Ed. 320 (§ 3.27) . . . . . . . . . . . . . . . . . . . . 4, 6
13
0 5 " Rock Creek Water Dist. v. Calavaras County (1946)
yt" 14 172 P.2d 863 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
gm 15 Sacramento Municipal Utility District v, foun,1y of Sacramento
0 ° a " � (1991) 235 Cal. App. 3d 726, 732 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
m a 3 W 16
" Lj
Z~ Statutes and Rules
W gy 17
3 Government Code § 990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 6
18
19 Government Code § 990.4(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Government Code § 6250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
20
21 Government Code § 6588(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Government Code § 6595.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
22
Government Code § 6595.7(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
23
24 Government Code §-53051 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Government Code § 53601 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
25
Government Code § 54954(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
26
27 Government Code § 54961 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Government Code § 82035 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
28
aVMPLDS\29XK.1 -ll-
1 Revenue and Taxation Code § 1840 . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 4
2 Rule 302 of the State Board of Equalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Rule 453 of the State Board of Equalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Treatises
5 McQuillin, 1 Municipal Corporations 3rd Ed. 320 (§ 3.27) . . . . . . . . . . . . . . . . . . 4, 6
6 Constitutional Provisions
7 Article XIII, section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-4
8 Article XIII, section 11(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 6, 8, 10-12
9 Article XIII, section 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Article XIII, section 11(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 4
11 Article XIII, sections 3(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5, 6
12 Article XVI, section 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 5
Z � N
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CO N
3 N 17
18
19
20
21
22
23
24
25
26
27
28
GVM%PLW\29W4.1 -iii-
1 I. INTRODUCTION .
2 The Program BETA Risk Management Authority ("Program BETA") seeks a
3 determination that the property it acquired on April 27, 1994 in Contra Costa County is
4 exempt from property taxation under Article XIII, section 3 of the California Constitution
5 because it is a local government or a principal for the State. On July 14, 1995, Program
6 BETA filed an Application for review of its claim by the State Board of Equalization,
7 generally setting forth the facts on which its claim is based. This statement of points and
8 authorities is intended to assist the Board in evaluating Program BETA's Application.
9 Program BETA is one of only a few statewide joint powers authorities organized in
10 response to the public liability insurance crisis of the late 1970's, a time when public
11 agencies in California found liability insurance either completely unavailable, or available
U
12 only at exorbitant prices. Responding to the crisis, in 1977 the Legislature enacted
g
Z O
o LL " a 13 Government Code sections 990 gj =. to expressly authorize public agencies to pool their
v, 3oo �
os �
N 14 liability claims, losses and expenses. In 1978, the voters approved an amendment to Article
aN < ��
15 XVI, section 6 of the California Constitution to specifically allow separate entities to be
Na3Q 16
formed under joint powers agreements through which public agencies could together self-
3 g y 17 insure against their liabilities. Under this authority, Program BETA began operating in 1979
18 to allow public hospitals operated by local hospital districts and counties to self-insure against
19 their liabilities.
20 In 1985, the Legislature added Article 4 to the Joint Exercise of Powers Act (Gov't.
21 Code §§ 6500 g1 =.). Section 6588(i) of Article 4 allows entities established under joint
22 powers agreements ("authorities") to receive property for the financing of insurance
23 programs. Section 6595.7 provides that such an authority "is not required to pay any,
24 property taxes or assessments upon . . . any property acquired by . . . the authority under
25 this article . . . so long as the authority holds title. . . ." In 1989, the Legislature further
26 declared that Article 4 gave such authorities powers "supplemental to the powers conferred
27 by other applicable laws." Gov't. Code § 6587.
28
0VMUgM\299W.1 -2-
I Initially operated by the non-profit Association of California Hospital Districts, in
2 1989 the Program BETA self-insurance program was reorganized and transferred to a newly
3 formed independent public agency called the Program BETA Risk Management Authority.
4 Under the 1989 joint powers agreement, executed by the local hospital districts, counties and
5 other local governments which provide health care services to the public, Program BETA
6 provides self-insurance, risk management and insurance services to agencies throughout
7 California.
8 The property at issue here was acquired by Program BETA on April 27, 1994. It
9 consists of land on which a two-story commercial office building and parking lot is located in
10 Alamo in Contra Costa County (the "Property"). The Property is the main administrative
11 office for Program BETA, where its management, finance and Northern California claims
Z N 12 management employees are housed.
� a
0 3 a s 13 Shortly after acquiring the Property, Program BETA advised the assessor of Contra
ogN7
a a = 14 Costa County that it was exempt from taxation as a local government. The County initially
Z m
Io � — 15 advised Program BETA that it was exempt, and even provided a full refund of the unsecured
N a � o F 16 property tax bill paid by Program BETA. However, subsequently, property taxes have been
3 g y 17 levied by Contra Costa County against Program BETA based upon its ownership of the
18 Property. Program BETA has paid all property taxes assessed against it as a result of its
19 ownership of the Property since April 27, 1994, with the exception of the unsecured property
20 taxes which were refunded as noted above. These facts are set forth in detail in the
21 Application.
22 Program BETA now seeks review by the State Board of Equalization of the apparent
23 determination of Contra Costa County's Assessor or Board of Equalization that the Property
24 is not exempt from taxation.
25 II. SUMMfARY OF ARGUMENT
26 Program BETA is a local government, within the meaning of Article XIII, section 3
27 of the California Constitution, whose property is exempt from taxation. Unlike municipal
28 corporations which exercise governmental authority within limited boundaries, Program
GVMUgM\29W4.1 -3-
1 BETA is a local government which operates throughout the state, but which exercises no
2 jurisdiction, per se, over any territory. The Property owned by Program BETA in Contra
3 Costa County is not subject to taxation under Article XIII, section 11(a) of the California
4 Constitution because, as a Constitutionally authorized, statewide joint powers entity for
5 insurance and self-insurance of local governments, Program BETA should be considered to
6 have no boundaries to which section 11(a) could apply; or, alternatively, to have boundaries
7 coterminous with the State of California, including the County of Contra Costa.
8 Alternatively, Program BETA's ownership of the property is an exercise of the sovereign
9 power of the State of California and therefore is exempt from taxation under Article XIII,
10 section 3. The authority is not the type of government, and does not engage in the type of
11 activity to which Article XIII, section 11(a) is directed.
12
Z § 1 M. PROGRAM BETA IS NOT A MUNICIPAL CORPORATION
Z 3 o a 13 UNDER SECTION 1840 OF THE REVENUE AND TAXATION CODE
Z !5 N N
a >< 14 The State Board of Equalization has jurisdiction over all claims set forth in this
Q y } 3
o9 15 Application by virtue of Article XIII, section 11(g) of the California Constitution. Under
D < W~� 16 Rule 302 of the State Board of Equalization, the Contra Costa County Board of Equalization
co N c
g y 17 or Assessment Appeals Board has no jurisdiction to act on Program BETA's claims for
18 exemption from property taxes. Section 1.840 of the Revenue and Taxation Code prescribes
19 rules to be followed by municipal corporations seeking review of assessments under section
20 11(g) by the State Board of Equalization. Although Program BETA believes that it has
21 complied with section 1840 and with Rule 453, adopted by the Board, Program BETA was
22 not required to do so as it is not a "municipal corporation." As discussed in greater detail
23 below, Program BETA is a local government, but one which lacks jurisdiction over any
24 defined geographical area. The exercise of governmental authority over limited territory is a
25 defining characteristic of a "municipal corporation." People v. CiV of Oakland (1891) 92
26 Cal. 611, 28 P. 807; McQuillin, 1 Municipal Corporations 3rd Ed. 320 (§ 3.27). As
27 Program BETA is not a municipal corporation for the purposes of section 1840 of the
28 Revenue and Taxation Code, that section does not limit your Board's authority over the
ava�rins�x�oa.i -4-
1 matters presented in this Application.
2 IV. THE EXEMPTION OF PUBLIC
PROPERTY FROM TAXATION IS LIBERALLY CONSTRUED
3
Unlike other exemptions from taxation, the exemption of public property from
4
5 taxation is liberally construed; public property is exempt unless there is express authority for
6 taxing the property. Sacramento Municipal Utility District v. County of Sacramento (1991)
7 235 Cal. App. 3d 726, 732, 1 Cal. Rptr. 99; Housing Authority v. Dockweiler (1939) 14
Cal. 2d 437, 454, 94 P.2d 794, 803. Thus, the State Board of Equalization should find
8
9 Program BETA to be exempt from taxation unless there is clear and express authority for
10 taxing Program BETA. Program BETA will show that the Legislature intended statewide
11 joint powers insurance authorities Program BETA to be exempt from Property taxation,
regardless of the location of such property.
12
Z V. PROGRAM BETA RISK MANAGEMENT AUTHORITY
0 3 o s 13 IS A LOCAL GOVERNMENT
Z :5 A ;;
° 14 Under California Constitution Article XIII, sections 3(b)
C LL m
o 6 15 The Program BETA Risk Management Authority ("Program BETA") is a local
a
N <N Z 16 government within the meaning of California Constitution Article XIII, section 3(b) because
W g y 17 it was established in 1989 as an entity separate and apart from the local health care districts
3
18 (Health and Safety Code §§ 32000 gl =.), counties and Nevada Liability Cooperative which
19 formed it pursuant to the Joint Exercise of Powers Act. (Gov't. Code §§ 6500 gl=.) It
20 filed notice of its formation as a joint powers agency with the Secretary of State in
21 September of 1989. (Appendix 1, hereto.) Under the joint powers agreement (Application,
22 Exh. 1), Program BETA's purpose is to exercise the power granted to counties, political
23 corporations and subdivisions of the state by Article XVI, section 6 of the California
24 Constitution to join "with other such agencies in providing for the payment of ... tort
25 liability, or public liability losses incurred by such agencies, by entry into an insurance
26 pooling arrangement under a joint exercise of powers agreement . . .." Government Code
27 section 990.4(a) specifically authorizes local governments to create free-standing authorities
28 such as Program BETA to establish insurance and self-insurance programs through any
GVMU1L s\2"oe.1 -5-
1 means permitted under Government Code section 990.
2 As a local government, Program BETA is listed on the Roster of Public Agencies
3 maintained by the Secretary of State pursuant to Government Code § 53051 (Application,
4 Exh. 8.) Since Program BETA operates throughout the State of California in order to serve
5 more than 59 participating government agencies (see listing as of March 1, 1994 in the
6 Application, Exh. 2), the Fair Political Practices Commission ("FPPC") approves its conflict
7 of interest code. (A copy of the FPPC's public notice of intent to adopt Program BETA's
8 latest code is attached hereto as Appendix 2.) Its employees are eligible for participation in
9 PERS. Program BETA also complies with laws regulating local governments. For example,
10 it invests its funds in compliance with Government Code sections 53601 g1=., and
11 complies with the Public Records Act (Gov't. Code §§ 6250 9 =.). Thus, in most respects
12 Program BETA operates in the same manner as other local governments.
? � N
13 As Program BETA is a local government pursuant to Article XIII, section 3(b) of the
N3s � �
Z g N N
°
cc a • 14 Constitution, the Property it acquired on April 27, 1994 became exempt from property
< <
o 15 taxation by the County of Contra Costa as of that date.
a W cc
16 VI, PROGRAM BETA RISK MANAGEMENT AUTHORITY'S "BOUNDARIES,"
� 30 � r
CO N < IF ANY, ARE THOSE OF THE STATE OF CALIFORNIA,
3 S y 17 WITHIN THE MEANING OF ARTICLE XIII, SECTION 11(A)
18 Since Program BETA is a local government, its property can be taxed only if it is
19 located outside its "boundaries." Yet, although validity formed and existing, Program BETA
20 has no boundaries to which Article XIII, section 11(a) may apply, for the simple reason that
21 the Legislature has not required self-insurance authorities to establish any boundaries. The
22 property is therefore exempt, and section 11(a) is inapplicable.
23 While a municipal corporation, such as a city, cannot generally be validly established
24 without the definition of its boundaries at the time it is incorporated (P�ple v. City of
25 Oakland, supra; McQuillin, 1 Municipal Corlwrations 3rd Ed. 320 (§ 3.27), no principle of
26 law requires every local government or public entity authorized by the Legislature to exercise
27 sovereign powers to have boundaries. "In the absence of any constitutional restriction, the
28 Legislature has absolute power over the organization, ..., the extent, the powers and the
GVMU1L s\299oa.1 -6-
1 liabilities of municipal and other public corporations established as agencies of the state for
2 purposes of local government. . . . What shall be the effect of the enlargement or
3 diminution of the boundaries of such corporations . . . is a question to be answered by a
4 determination of the legislative intent." In re Sanitary Board of East Fruitvale Sanitary Dist.
5 (1910) 158 Cal. 453, 111 P. 368, 370; see also, Copyernoll v. Board of Directors (1983)
6 138 Cal. App. 3d 915, 918-21, 188 Cal. Rptr. 394 (status of organization as public entity for
7 particular purposes is matter for legislative determination).
8 In particular, the matter of forming and adding territory to municipal corporations are
9 purely legislative matters as to which there are no constitutional demands of due process, and
10 no property rights. Bookout v. Local Agency Formation Commission (1975) 49 Cal. App.
11 3d 383, 386-87, 122 Cal. Rptr. 668. Although the Legislature does require that most local
U
12 governments in California establish and exercise jurisdiction within defined boundaries, this
Z 3 l o 13 is not an universal requirement. The Legislature has delegated to local agency formation
Z g N N
14 commissions in each county the authority to establish or modify boundaries of cities, counties
o 15 and those districts "formed ... for the local performance of governmental or proprietary
cc
N < 3 0 16 functions within limited boundaries." (See, Gov't. Code §§ 56000 Z meq., known as the
14
17
3 Cortese Knox Local Government Reorganization Act of 1985, and §56036(a)). At the same
18 time, the Legislature does not require a public entity created by, and separate from, the
19 parties to a joint powers agreement (per Gov't. Code § 6507) to establish boundaries,
20 although it must notify the Secretary of State of its formation (Gov't. Code § 6503.5) and
21 otherwise comply with many laws regulating local governments.
22 Indeed, the Legislature has enacted several provisions recognizing that free-standing
23 authorities created by joint powers agreements do not have boundaries like other public
24 entities. First, in the Cortese-Knox Act, it has declared that no change in the boundaries of
25 any member of a joint powers authority shall "impair the contract rights, or contracts entered
26 into by a public entity created by a joint exercise of powers agreement." Gov't. Code
27 § 56121.
28
GVMP ns\VM.1 -7-
I Second, although the governing bodies of most local governments must generally meet
2 within their boundaries, and the governing bodies of a local joint powers authority must meet
3 "within the territory of at least one of its member agencies," this is not true of Program
4 BETA. Gov't. Code § 54954. As a "joint powers authority which has members throughout
5 the state," Program BETA "may meet at any facility in the state which complies with the
6 requirements of [Government Code] section 54961." Gov't. Code section 54954(d).
7 Third, Program BETA is also treated as a local government agency with statewide
8 "boundaries" under the Political Reform Act. Gov't. Code §§ 82003, 82041. Public
9 officials who are designated employees of Program BETA and any other joint powers
10 insurance authority "may elect to file a multi-agency statement disclosing all investments in
11 entities doing business in the state, [and] all interests in real property located within the
12 state. . . ." Gov't. Code § 87350. The Legislature has thus specifically acknowledged that
0 3 0 0 LO 13 joint powers insurance authorities may operate on a statewide basis. This makes sense.
Z 5 ,% ;;
cc < >< 14 Program BETA, as a joint powers insurance authority, lacks "jurisdiction" in any limited
z 11
o � 15 geographical area, as that term is defined in Government Code section 82035, but tort claims
CO a 3 o F 16 to which it must respond may occur anywhere in the state. The Legislature appropriately
W g y
� 17 allows Program BETA's public officials to report financial interests anywhere in the state.
18 In fact, the conflict of interest code adopted by Program BETA, and approved by the FPPC,
19 specifically requires designated employees to disclose financial interests located anywhere
20 within the State of California.
21 Finally, and most importantly, the Legislature has enacted a specific exemption from
22 property taxes for property held by an entity created by joint powers agreement, such as
23 Program BETA. Government Code section 6595.7(a) reflects the Legislature's intent that
24 Article XIII, section 11(a) have no application to such public entities. Section 6595.7
25 provides that:
26 The authority is not required to pay any property taxes or
.27 assessments upon, or with respect to....any property acquired
28 by, or for, the authority under this article, or upon the income
ovaa LW\29%911 -8-
1 therefrom, so long as the authority holds title to the public
2 capital improvement or to the property contained in the public
3 capital improvement.
4 In enacting such an exemption, the Legislature intended that such authorities be treated as
5 state agencies or as local governments with statewide jurisdiction for property tax purposes.
6 This exemption applies to the Property. Program BETA's the use of the Property as
7 a general administrative facility of the authority (§ 6546 (c)) is a "public capital
8 improvement" (§ 6585(g)) or "property." The authority is authorized to "take title" to such
9 Property (§ 6588(h)) or to "receive :.. property... for the financing of working capital or
10 insurance programs" (§ 6588(i)), and to "enter into any agreement or contract ... necessary,
11 convenient or desirable to carry out any power authorized by this article" (§ 6588(r)). By
12 purchasing the Property, Program BETA was exercising the authority granted by Article 4 to
§ J
0 3 at s S, 13 finance its operations at the lowest possible cost to its members.
co
ogNW
N 14 The legislative history of section 6595.7 further supports application of this exemption
a � � gW
o 6 x 15 to Program BETA. The Legislature intended to delegate to joint powers authorities the
N s F 16 state's power to acquire, hold and finance property, and to enjoy the same freedom from
3 g y 17 taxation as the state itself enjoys. The Marks-Roos Bond Pooling Act of 1985, which
18 became Chapter 868 (Stats. 1985) was a combination of AB 56 (Roos) and SB 17 (Marks). It
19 was adopted primarily in response to a 1985 private letter ruling of the Internal Revenue
20 Service (No.8507034) that held that interest paid by a joint powers authority would not be
21 exempt from federal income taxes because "the joint powers board has not been specifically
22 - delegated the right to exercise part of the sovereign power of the unit [of government], nor
23 has the board been specifically empowered to issue obligations on behalf of any state or local
24 governmental unit . . . ." (Appendix 3, attached.)
25 The legislation was intended to expressly delegate the state's sovereign powers to joint
26 powers authorities in order to exempt their activities from taxation. Commenting on AB 56,
27 the Franchise Tax Board noted that joint powers authorities would be treated as state
28 agencies for state income tax purposes. In its analysis (Appendix 4 hereto) the FTB said,
GVMUq W%29M.1 -9-
1 "The bill is not clear as to whether the authority is a principal for the state. If the authority
2 is a principal for the state, the income earned under Personal Income Tax Law would already
3 be exempt under Section 26 of Article XIII of the [California Constitution]." Such an
4 exemption from state income tax was consistent with the legislation's stated objective of
5 lowering the cost of financing government activities, and is not contradicted by anything
6 found in the legislative history of the statute.
7 The Conference Committee Report identified the specific exemption from property
.8 taxation added by section 6595.7 as one of the significant amendments to SB 17 when it was
9 combined with AB 56. The Report noted that it would: "h) Exempt an authority from
10 property taxes or assessments on any public capital improvement or property to which it
11 holds title." (Appendix 5, attached.) As the Legislative Analyst explained in his description
z
12 of this provision in AB 56:
o 13 2. The tax exemption for property held by the authority would
v, 3Qo �
Z Nw '
aa 14 result in potential unknown, but probably minor,losses of
Z �
o m 15 property tax revenues to local agencies and school districts.
Na No F 16 These losses would occur to the extent that property held by an
N Z authority would otherwise be held b private parties or local
3 gN 17 ty YP � P by
18 agencies outside of their own jurisdictions. (Appendix 6,
19 attached.)
20 The Legislature was therefore aware that property held by an entity created by a joint powers
21 agreement would be tax exempt, even if that property were located outside of the boundaries
22 of all of the members of the joint powers authority. In taking this step, the State expressly
23 intended to, delegate its sovereign powers to joint powers authorities to secure federal and
24 state tax exemptions for the activities of such authorities.
25
VII. EXFIMMON OF PROGRAM BETA IS CONSISTENT
26 WITH THE PURPOSES OF ARTICLE XIII, SECTION 11(A)
27 That a statewide self-insurance authority should be exempt from property taxation is
28 consistent with the objectives sought to be achieved by Article XIII, section 11(a). The
GVMU1Ws\29W4.1 -10-
I original impetus for amending the California Constitution in 1914 to allow the extra-
2 territorial property of municipal corporations to be taxed was the acquisition by
3 municipalities, such as San Francisco and Los Angeles, of significant landholdings and
4 substantial revenue-producing natural resources (chiefly water) outside their boundaries.
5 and County of San Francisco v. County of San Mateo (June 22, 1995) 95 D.A.R. 8223, —
6 CalAth
7 For example, in Rock Creek Water Dist. v. Calavaras County (1946) 172 P.2d 863, a
8 California water district argued that its dam, reservoir, water rights and easements outside of
9 its boundaries were exempt from taxation under the former Article XIII, section 1 of the
10 California Constitution because it was not a municipal corporation. In construing the term
11 "municipal corporation" to include the district, the Court looked to the "evil to be remedied"
U
12 by the 1914 amendment to the Constitution subjecting to taxation the extra-territorial property
2 � a
0 3 0 0 13 of such agencies. The Court explained, "The agency acquires for the benefit of its
og �
a < 3 = 14 inhabitants or the property within its boundaries property which lies outside its territory. ...
Z z g g m 15 There is no reason why the persons within the agency who receive the benefits of its
c9 0
(~/J O d
N Q N F 16 activities should receive aid by way of tax exemption of its property at the expense of the
=
3 g y 17 taxpayers in the outside area."
18 Program BETA is neither the type of governmental entity, nor does it engage in the
19 type of public utility enterprise to which Article XIII, section 11(a) was intended to apply.
20 Program BETA has no "inhabitants" who pay taxes to support its activities. Indeed, it has
21 no taxing power. Program BETA provides the most economical means for local
22 governments throughout the state to finance their liabilities and reduce their insurance and
23 risk management expenses. It could carry out this function regardless of the location of its
24 offices: they could be anywhere in the state. Far from invading another jurisdiction and
25 acquiring its scarce natural resources, Program BETA merely acquired a building in
26 foreclosure and brought new employees to Contra Costa County. By supporting the activities
27 of the public hospitals located throughout the state (including some in Contra Costa County),
28 Program BETA serves all California taxpayers. Nor does the tax exemption of Program
GVWLns\29%o9.1 -11-
I BETA shift costs from one group of taxpayers to another. If Program BETA were not an
2 exempt local government, its Property would be entitled to an exemption under Revenue and
3 Taxation Code § 214(a). The Property is used exclusively for hospital and charitable
4 purposes. To illustrate this, Program BETA has included all of the information necessary for
5 application of this exemption in its Application. (See Exh. 8.) Thus, there is no reason to
6 tax Program BETA in order to effectuate the purposes of Article XIII, section 11(a).
7 We are aware that the State Board of Equalization has concluded, with respect to the
8 Central California Power Agency No. 1 ("CCPA"), that agency has boundaries under Article
9 XIII, section 11(a), and that those boundaries are the boundaries of the member agencies.
10 For the reasons explained above, we believe that conclusion may be incorrect.;, As to
11 Program BETA, we ask that the Board refrain from the invention of boundaries not
12 established or required by the Legislature. A decision that Program BETA's property is tax-
? � N
� IaA
o 13 exempt is not necessarily inconsistent with the Board's prior decision regarding CCPA. As
og < �
N 14 noted above, Program BETA is different from most joint powers authorities. First, as a joint
o >
o o 15 powers insurance authority, it is recognized in the California Constitution as a vehicle
ma'� o cc
16
through which governmental agencies, where ever located, can pool their financial reserves
U)
<� _
3 17 and strength, limiting potential state liability. As events in Orange County demonstrate, the
18 State cannot escape ultimate responsibility for the liabilities of local agencies. Statewide joint
19 powers insurance authorities like Program BETA help protect the state's purse. Second, it is
20 an independent entity which operates on a statewide basis. By law, Program BETA's board
21 can meet anywhere in the state; by regulation, its board members must report their financial
22 interests located anywhere in the state. Third, its members provide hospital services, an
23 activity traditionally exempt,from property taxation if performed by a non-profit or
24 governmental entity. Fourth, it is not a municipal corporation operating a revenue-producing
25 utility enterprise, the kind of situation contemplated by the drafters of Article XIII, section
26
1/ The decision in City of.South El Monte v. Southern California Joint Powers Insurance
27 Authority case, relied upon in the Board's prior decision, has been withdrawn and. is
28 currently being reconsidered by the Court of Appeal.
OVMUgM\29W4.1 -12-
r r
i
1 11(a). That provision was never intended to apply to public entities like Program BETA. Its
2 Property should be found to be tax exempt.
3 VIII. CONCLUSION
4 For these reasons, we urge the Board to find that Contra Costa County erred in
5 assessing the Property held by Program BETA, and ask that all taxes paid be refunded to
6 Program BETA, and that the other relief requested in the Application be granted.
7
8 Dated: , 1995 at San Diego, California
9
1062Z
Prog ETA Risk ManagementX
jAority
11 Claimant
12 by its General Counsel, Gregory V. Moser
z � a
Z
yW " 'o 13
3 To 13
o
14
N
z0g �Syy 15
00 0 S
mQ3W 16
C3 N F
3 gN 17
18
19
20
21
22
23
24
25
26
27
28
av�nrtns�99oa.i -13-
009 IRTOS.Tsm IBIRUA
ltlsh Managemew Authority
A NYit aa*T
333 Bush Street,Suite 1700 September 2 0 1989
San Francisco,G 94104 p /
(415)7733085
PAX(415)773-3071 Secretary of State
State of California
Jim ro"We P.O. Box 704
Sacramento, CA 95812-0704
Ci&*=W%UrACAMMd
qp— RE: NOTICE OF A JOINT POWERS AGREEMENT AND
� M STATEMENT. OF FACTS—ROSTER OF PUBLIC. AGENCIES
jM&N.Vow FILING
►'v Ci0bUW%YlA CAnoW
C WM__firr oil—
FfoiwktA.CW0WV=MD.VJL Enclosed are the executed documents referenced
AWA`"°r above for the Program BETA Risk Management
""'""m"'" Authority, which was effective September 1, 1989.
MOM M.Iftuft
11rwrm�MMA Cid
R--*-qp • If you have any questions, please call me at (415)
,,..,..,n9o.,„ 773-3085.
SMI L AMUMS,f.&
'►-at- Sincerely,
BMW raft me""war"
Tho cram.
M06 dWd— Oft
We/�ate.• ,
X___ -Emy r"�" Thomas J ander
roti�
C-dej.sMV Program Director
ue...e.r.reprd ar,w+a
DM PL=_ CWWW
cc: Executive Committee
aftud es Greg Moser
Bobbie Alhadeff
Mayet D.Mskm*..K
n..r.
Enclosures
om Mdft~
r,..r
PRB99RLN/rmc
..etd.r.3o
c�c.Ris,.�eca..onrm
toe.�d••r
wee"ew t
Tb�s).weir,ucv
'LIaB/M,r P'not�tlow�6fa Pb+Nc flospwb•
Vomwwd by AssoNttfow of GNjormM Bosp"Dfth*ft "PENDEK 1
••'' ~" Rate of California FILE NO.
Marcb gong Eu
' fscret•rd of hate
STATEMENT OF FACTS
ROSTER OF PUBLIC AGENCIES FILING
(Government Code Section 53051)
Instructions:
1. Complete and mail to: Secretary of State,
P.O. Box 704, Sacramento, CA 95812-0704 (916)324-6778
2. A street address must be given as the official mailing address
or as the address of the presiding officer. (Office Use a+b)
3 Complete addresses are required
New Filing[xx) Amendment[ )
Nature of Amendment:
Establish joint powers authority to provide group self-insurance
and insurance coverages and services
Legal name of Public Agency: Program BETA Risk Management Authority
County: San Francisco
Official Mailing Address: c/o Tillinghast, 333 Bush Street, Suite 1600, San Francisco,
CA, 94104 .
Name and Address of each member of the governing board:
Chairman, President or other Presiding Officer: See attachment
Name Address:
Secretary or Clerk. See attachment
Name: Address
Members: See attachment
Name: Address
Name: Address
Name. Address
Name: Address
Name: Address
Date. � ,9 By:
Sionatuee
Richard M, Warren, Chairman
Typed Name and Title
•
r,
STATEMENT OF FACTS
ROSTER OF PUBLIC AGENCIES FILING
ATTACHMENT TO FORM LP/SB-405 REV. 12/87 :
Program BETA Risk Management Authority
Governing Board
Chairman: Richard M. Warren
Washington Township Hospital
2000 Mowry Avenue
Fremont, CA 94538
Secretary: Dr. Frederick A. Groverman
Petaluma Valley Hospital
8055 Gravenstein Highway
Cotati, CA 94928
Members
1 . Palomar Pomerado Hospital District
215 S. Hickory Street, Suite 310
Escondido, CA 92025
2 . Washington Township District Hospital
2000 Mowry Avenue
Fremont, CA 94538
3. Surprise Valley Hospital District
P.O. Box 246
Cedarville, CA 96104
4 . Fallbrook Hospital District
624 East Elder
Fallbrook, CA 92028
5 . Selma District Hospital
1141 Rose Avenue
Selma, CA 93662
6 . County of Yuba , '
Yuba General Clinic
215 Fifth Street
Marysville, CA 95901
7 . Eastern Plumas uistrict
500 First Avenue
PO O. Box 1075
Portola, CA 96122
8. West Side Community
151 South Highway 33
Newman, , CA 95360
9. Southern Humboldt Community
733 Cedar Street
Garberville, CA 95440
10. Corning Hospital District
275 Solano Street
P.O. Box 1262
Corning, CA 96021
11. Camarillo Health Care District
3639 Las Rosas Road, Suite 123
Camarillo, CA 93010
12 . Bloss Memorial Hospital District
1691 Third Street
Atwater, CA 95301
13. Corcoran Hospital District
1310 Hanna Avenue
Corcoran, CA 93212
14 . Patterson Hospital District
Del Puerto Hospital
9th and E Street
P.O. Bax 187
Patterson, CA 95363
15. Tulare Local Hospital District
869 Cherry Street
Tulare, CA 93274
16. West Side Hospital District
110 E. North Street
Taft, CA 93268
17. San Benito Hospital District
Hazel Hawkins Hospital
911 Sunset Drive
Hollister, CA , 95023
18. Seneca Hospital District
P.O. Box 737
Brentwood Drive
Chester, CA 96020
19 . Southern Inyo County Local Hospital
501 East Locust Street
Lone Pine, CA 93545
20. Oak Valley Hospital District
350 South Oak Avenue
Oakdale, CA 95361
21 . Tri-City Medical Center
4002 Vista Way
Oceanside, CA 92056
22. Trinity General Hospital
410 North Taylor Street
P.O. Box 1229
Weaverville, CA 96093
23. Hi-Desert Memorial Hospital
6601 Whitefeather Road
Joshua Tree, CA 92252
24 . Petaluma Valley Hospital
400 N. McDowell Boulevard
Petaluma, CA 94952
25. County Of Tuolumne
2 South Green Street
Sonora, CA 95370
26. Northern Inyo County Local
150 Ioneers Lane
Bishop, CA 93514-2599
27 . Tehachapi Valley
115 West "E" Street
P.O. Box 648
Tehachapi, CA 93561
28. Chowchilla District Memorial
1104 Ventura Avenue
P.O. Box 1027
Chowchilla, CA 93610
29. Redbud Hospital District
P.O. Box 6720
Clearlake, CA 95422
30. Kern Valley Hospital District
6412 Laurel Avenue
Route 1, Box 152
Mt. Mesa
Lake Isabella, CA 93240-9729
31 . Tahoe Forest Hospital
P.O. Box 759
Truckee, CA 95734
32 . Amador Hospital
108 Court Street
Jackson, CA 95642-2397
33. San Gorgonio Pass Memorial Hospital
600 North Highland, Springs Avenue
Banning, CA 92220-3090
34. Monterey County
P.O. Box 1877
Salinas, CA 93902-1877
35. Antelope Valley Hospital District
1600 West Avenue "J"
Lancaster, CA 93534
36. Plumas County
P.O. Box 10388
Quincy, CA 95971-6010
37 . County of Lake
255 N. Forbes Street
Lakeport, CA 95453
38. Placer County
11484 "B" Avenue
Auburn, CA 95603
39. Alpine County
P.O. Box 266
Markleeville, CA 96120
40. Alta Hospital
500 East Adelaide Way
Dinuba, CA 93618
41. Avenal District Hospital
317 Alpine Street
Avenal, CA 93204
42 . Brookside Hospital
2000 Vale Road
San Pablo, CA 94806
43. Butte County Mental Health Department~ x
584 Rio Lindo Avenue
Chico, CA 95926
44 . Calaveras County
891 Mountain Ranch Road
Government Center
San Andres, CA 95249
45. Colusa County
546 Jay Street
Colusa, CA 95932
46. County of Solano
580 Texas Street
Fairfield, CA 94533
47 . Del Norte County
377 "J" Street, No. 6
P.O. Box 190
Crescent City, CA 95531
48. Grossmont Hospital
5555 Grossmont Center Drive
P.O. Box 158
La Mesa, CA 92041
49 . Hemet Valley Hospital
1117 E. Devonshire Avenue
Hemet, CA 92343
50. Indian Valley Hospital
174 Hot Springs Road
P.O. Box 9
Greenville, CA 95947
51 . John C. Fremont Hospital
5189 Hospital Road
P.O. Box 216
Mariposa, CA 95338 .
52 . Lompoc District Hospital
508 East Hickory Avenue
P.O. Box 1058
Lompoc, CA 93436
53. Mark Twain District Hospital
768 Mountain Ranch Roadh
San Andreas, CA 95249
54 . Mayers Memorial Hospital
P.O. Box 459
Highway 299 East
Fall River Mills, CA 96028
55.. Mendocino Coast Hospital
700 River Drive
Fort Bragg, CA. 95437
a . 56. Mono General Hospital
P.O. Box 536
Twin Lakes Road
Bridgeport, CA 93517
57. Natividad Medical Center
1,330 Natividad Road
P.O. Box 1611
Salinas, CA 93902
58. Pioneers Memorial Hospital
207 West Legion Road
Brawley, CA 92227
59. Plumas District Hospital
1065 Bucks Lake Road
Quincy, CA 95971
60. Pomerado Hospital
15615 Pomerado Road
Poway, CA 92064
61. Sierra Kings Hospital
372 W. Cypress
Reedley, CA 93654
62. Sierra Valley Community. Hospital
P.O. Box 178
Loyalton, CA 96118
63, Siskiyou County
P.O. Box 750
Yreka, CA 96097
64. Tuolumne General Hospital
101 E. Hospital Road
Sonora, CA 95370
PRB89RSG
• �AUFORNIA REGULATORY NOTICE REG,-,ER 95, VOLUME NO. 19-Z
- R
COST TO LOCAL AGENCIES
PROPOSED ACTION ON There shall be no reimbursement for any new or
REGULATIONS increased costs to local government which may result
from compliance with these codes because these are
not new programs mandated on local agencies by the
TITLE 2. FAIR POLITICAL codes since the requirements described herein were
PRACTICES COMNIISSION mandated by the Political Reform Act of 1974.
Therefore, they are not "costs mandated by the state"
NOTICE IS HEREBY GIVEN that the Fair as defined in Government Code Section 17514.
Political Practices Commission, pursuant to the EFFECT ON HOUSING COSTS
authority vested in it by Sections 82011, 87303 and AND BUSINESSES
87304 of the Government Code to review proposed
conflict of interest codes, will review the proposed Compliance with the codes has no potential effect
conflict of interest codes of the following: on housing costs or on.private persons, businesses or
small businesses.
CONFLICT OF INTEREST CODES
AUTHORITY
AMENDMENTS: Government Code Sections 82011, 87303 and
MULTI-COUNTY AGENCY: 87304 provide that the Fair Political Practices
Program BETA Risk Management Authority Commission as the code reviewing body for the above
Turlock Irrigation District conflict of interest codes shall approve codes as
submitted, revise the proposed code and approve it as
A written comment period has been established revised, or return the proposed code for revision and .
commencing May 12, 1995 and closing June 26, 1995. resubmission.
Written comments should be directed to the Fair
Political Practices Commission,Attention Hilda Perez, REFERENCE
428 J Street,Suite 700,Sacramento,California 95814. Government Code Sections 87300 and 87306
At the end of the 45-day comment period, the provide that agencies shall adopt and promulgate
proposed conflict of interest code(s) will be submitted conflict of interest codes pursuant to the Political
to the Commission's Executive Director for his Reform Act and amend their codes when change is
review, unless any interested person or his-or her duly necessitated by changed circumstances.
authorized representative requests, no later than 15
days prior to the close of the written comment period, CONTACT
A public hearing before the full Commission. If a Any inquiries concerning the proposed conflict of
public hearing is requested, the proposed code(s) will interest code(s) should be made to Hilda Perez, Fair
be submitted to the Commission for review.. Political Practices Commission, 428 J Street, Suite
The Executive Director or the Commission will 700, Sacramento, California 95814, telephone (916)
review the above-referenced conflict of interest 322-5662.
code(s), proposed pursuant to Government Code AVAILABILITY OF PROPOSED
Section 87300, which designate,'pursuant to Govern- CONFLICT OF INTEREST CODES
ment Code Section 87302, employees who must
disclose certain investments, interests in real property Copies of the proposed conflict of interest codes
and income. may be obtained from the Commission offices or the
The Executive Director or the Commission, upon respective agency. Requests for copies from the
his or its own motion or at the request of any interested Commission should be made to Hilda Perez, Fair
person, will approve, or revise and,approve, or return Political Practices Commission, 428 J Street, Suite700, Sacramento, California 95814, telephone (916)
the proposed code(s) to the agency for revision and 322-5662.
resubmission within 60 days without further notice.
Any interested person may present statements; ' TITLE, 4 CA IF�RNIA HORSE
arguments or comments, in writing to the Executive
Director or the Commission, relative to review of the itAclIft BOAS
proposed conflict of interest code(s). Any written The California Horse Racing-'Board.(Board) pro-
comments must be received no later than June 26, poses to adopt the proposed regulation described
1995. If a public hearing is to be held, oral comments below after considering all comments, objections or
may be presented to the Commission at the hearing. recommendations regarding the proposed action.
733
APPENDIX 2
ti 'SsrocesdAAW.,A+d�^941�
PAGE I
LEVEL 1 - 1 OF i ITEM
,
•Tnls document say nct Oe used or cited as Drtceoent. Sect:On 611wili!I pf
> - Int Internal Revenue Code.'
SECTIOn 0103
_- Interest on Certain Governmental Obligations lExcludea r, Not Excludedl
s _ -
_= DATE: NovesDer 21, 1904
REFER REDLY TO: CC:IND:S:I:3
This is in reply to your authorlted represents:iv¢'s submission date: Nay j3,
1984, 1n which a ruling was reOuesteo that a joint mousin; finance Dogrz, to De _.
formed by A ano B for the purpose, amanS others, of :ss.:ng rtver•ut bonds un er ,
- sectioni 103A and 1031oli411A! of the Interna: Revenue :doe 1s a 'constitutes
~,t - authority- within the meaning of section 1.102-1(0) of the Income tat -
regulations.
According to the Information suasittec, A anc B have Deem deSlgnateG by the t
ordinances 0 the cities of C and D respectively to exercise the powers of the
''?• cities under state E lar to uncertaAt programs to finance both owner-occupled `'F,,-'•''- `'
t ._ D 9
r
housing and ,rental nousing witnin the political Doun:arses Of their respective,
f cities. A and B have lnceyenoent authority unser State E statute X to uneertake
financing for certain types of noasing project; and programs and to issue bonds y
• ' to finance such projects and prOgranS. A and B prapdSe the formation of i joint
S's Ipowers board pursuant to Statute Y for the purpose of issuing DCnas for prbs-amS
and projects.which A and B are presently autnorixec to undertake separately.
Pursuant to Statute X, Doth A and B are public ?ooits corporate anc politic
created to carry out specific Purposes enumerated inc1911ng the c'.earance,
replanning, reconstruction and neignoorn000 renaoilit:tion of suostahoare an,,
unsanitary areas, and the provision of accent, safe and sanitary nousin; for .
: persons of low income and their families amp to promote the participation :n
` such redeytlopaznt projects by private enterprise. A anC B, pursuant to Statute ' .
X have the parer, *to issue Donns,.notes or dtner evidences of inoeoteoness
for any of its corporate purposes and to secure the same by mortgages upon .�
1 property held by it Or Dy pledge of Its revenues.
A and 9 propose the creation, pursuant to Statute Y, of a joint porus Dcara
for the purpose of Issuing Ponos for programs and projects which each of tme i
autnoritics are autnorlLed to unaertaAe individually. The relevant portion of
Statute Y provides: - f•A f
Two or more governmental units, through action of their governing bodies, mayr �'
establlsn a joint board to issue bonds or ODli ations pursuant to any lar D
unlit, any of the governmental units establishing the joint ooara may
independently issue bonds or obligations and say use the proceeds of the bones =�r
a or oDltgatlons to carry out Int purposes of tnc la. under which int bonds or
_-:
,�- obligations are issued . . . A joint board estaollshed pursiant t0 tnis .:.
l'}
subdivision still be composed solely of members df.tne governing oodles of the
{. governmental unit which established the joint ocard.
:P
L.
rfir
- +sem �K w •vn+o X.rc�•s•
i
�.,�-' ''� � Setvees dAyadQa+a Caxnr
PAGE 2 2
' PF1vATE RUU w6 8507034 *This document may not oe used or cited as preced _
- In order to form the ;QIMt powers board A and B propose the etecui:oh of a
Joint Powers Agreement. The Agreement prorloes as follows:
1. The powers of the Board art expressly limpet to those powers necessary
or convenient for the Implementation of projects or programs for the
#: - acquisition, development, construction rehabilitation, Improvement or financing
of decent, safe, sanitary and affordable residential housing facilities ano
facilities functionally related or subordinate thereto or necessary in
connection therewith.
t' 2. The Board may only issue bonds pursuant to specific authority granted by
=x+ action Of the governing Doily of the Authorities or the respective Cities, and
will at further limtted to issuing twos for protects or programs specifically
approved by either Or Doth Of the Authorities in accordance with State E law.
r r$
r 1. The Board shall be composed solely of members of the governing bodies of
the Authorities nominated by the Chairman of each Authority and approveo by the
governing body Of each Authority. Members of the. Board (except the initial
members) hold office for four years unless earlier removed oy. the Chairman who `1t«
w nominated nim or her with the concurrence of the appropriate governing body. If `-
a member of the Board ceases to De a commissioner Of One Of the Authorities,
; removal is autDmatic. ~� 'J;.
�A;. x n
c'"1ap 4. In accordance with the Joint Powers Act the Board may only issue revenue
{� ,':•- - bonds, and may not pledge the full faith and creeit or taxing powers of either
Authority or City.
S. The ponds or other obl:gattons of the Board shall be Issued In one same
-�. manner and suoject to the same conditions and llmitatlons which woule a;p:y to
OOnds Or ODligatiOns ISs4ee Cy the Authorities themselves. *s
,i 6. The Board will be a nos-for-profit or nonprofit entity. Any net earnings
M� of the Board (other than those required to retire tndebtednesf of the Board or E. s
to implement a project or program undertaAen by it) will not inure to the S'
benefit of any private person.
' 7. Title to all assets of the Board will revert to the Authorities upon
dissolution of trot Board.
Section 101(al(11 of the Internal Revenue Code Provides that gross income
• } .,y dots riot include Interest On tot obligations of a State, a territory, or a
ti possession of the Untted.States, or a political suodlvislon of any of the
- foregoing, or the District of Columols.
+'
Section 1.10-101 of the income tat regulations provides in part that a-
political
-boletiul subdivision denotes any division of any Stitt or local Qortrnerntal
a unit which is a municipal corporation or which nas been delegated the rlgnt to
exercise part of the sovereign power of the unit. This section also provides
6 that obligations issued by or on benalf of any State or local governmental unit
by constituted authorities empowered to issue such obligations are the
N; obligations of such a unit.
Revenue Rulings 57-167, 1957-1 C.B. 65, holds that bonds Issued by an
Industrial Development Board formed under a special state statute are considereo
Issued on oehalf of the municipality, a political subdivision. Accordingly.
L ' IS MEXIS LEAUS KEAUS
EA A A
•1 Y
Y.
Sen,crS o1 read DNA Genome +�
3' n PAGE 3
} PRIVATE RULING 6507C34 ;TAif document may not be USED or cited as precea
y the revenue ruling holds that Interest on the oonas is except from federal. ~
Income tax. under the statute creating the Board, the Board is empowered to Rte: i,1 Y}
Issue bonds to carry out Its purposes. The Board Is controlled by the a
- a,unicipality•s governing body. The bonds are payable solely out of revenues 1` -4
u derived frog the sale or leasing of the board's projects. The board is a
- nonprofit corporation no part of the net earnings of which could lourt, to me - a xJ.
' benefit of any private person. upon dissolution of the Board, title to all cf T
Its property will vest in the municipality in wnicn the Board IS located. •' -
s "4
Lf Revenue Ruling 60-Z46, 1960-t C.B. 25, holds that Oonos, notes and Other a v} J
obllgatlons Issued by the New York State Mousing Finance Agency, e5tabllsne0
pursuant to an act of the New York State Legislature for the purpose of
financing the construction of low rent housing facilities are conzioerea as
1 `£, 1 Issued on behalf of the State and the interest received tnerefrom Is exempt from
federal income tax. L
In the present case, the proposed joint po..ers board is created under the >
Joint Powers Act (Sistute Y) pursuant to a joint powers agreement as prescribed �t
"v oy the statute. The joint powers board has not omen sbectficallY atledatea
fl ht exercise art of the n of h as Described in y,
ah,r i section 1.103-1(b) o ne regulations nor has the board Deco specifically
' empowered to issue obligations an behalf of any state or local governmental unit
as further described in section 1.103-1(b).
Instead, Statute Y generally authorizes two or more governmental units to
establish a joint board 'to issue bonds or obligations pursuant to any law by
which any of the goytrnwntal units establishing the joint board may
independently issue bonds or obligations.-
Thus 4e facts presented herein are distinguisnable from Revenue Ruling '
57-167, 1957-1 C.B. 65, where the Industrial Development Board was created #4�
e _ pursuant t0 a Sr'r• =*a*' • specifically authorizing the Board, aeon; other : ,.
? powers to issue oonas for the purpose of carrying out any of its powers.
` �. Similarly, the facts presented here are dtstingulshaol[ from Revenue Ru:)nG
a•'� 60-2<6, 1960-t C.B. LS, where The Hew York State Mousing finance Agency, was ?r�i
xs. established pursuant to an act nf th• N•u 1'nrk C•att l•q^lU �for the
specific purpose of financing the construction of low rent housing facilities. �S,f -4`Y
g Although A. ate may bUtnorize a constituted autrority to issue oolldations �
t on behalf cal Gov ouroose, we3^
i_•. -:' .:_ cont u e hat the state oaf not done So in this case' .Accordingly, Lne proposed
joint powers board if not a constituted authority empowered to issue obltgatiors }. m
on benalf Of a state or governmental unit within the meaning of section F .acs
1.101-1(b) of the income tax regulations.
This ruling is directed only to the taxpayer who requested it. Section
� ••r:• 61Mill(3) Of the Lode providesd that it may not oe used or cited.as precedent.
�= In accordance with the power of attorney on file in this office, copies of
this letter are being sent to your authorized representatives.
: Very truly yours,
E.L. t(annady
WAY_ is WEYly
�� .a. •• .mak f;��Or+
t..` �,. .;j!'Y "�� � .� .J•. �"r:`;. zy.1 ��4 mss, a7'1" i. �j„ `,P
>�Iif
.r
ry
Larry Cou"VA.; Car016 Nutt'
37080
BK&MALYSIS An"TOT'%
f ewdTredT .�nT,m eu..ened
Franchise Tax board Roos
we-soon w ON Ano edea sae urT At"UND
Author SB 108 April 21, 1985
HOLY REPUBUCM CHUM
JE1CMFTM SUMMARY WMRMY
2 411e1ary
j_GPO11W This bill would provide that local- bond pooling
�•_ SXCwwdl authorities be, established and these authorities, under
S�«"I "0019MeSes regulation, would be authorized to issue revenue bondti ori.
T—JuaYrkNlOe to incur other forms of indebtedness to provide assistance"r
4—A110112008 to local governments for the financing of public caoital
t—meel0"saT improvements.
10—Oder Agee".
11—Fob"MPGA
12—Tal"iftel t These bonds would be to provide sufficient funding for
WAim D UUWANTT bond purchase agreements with local agencies for financing
13—Sudss) public capital improvements whenever there are the
ta—FotlweBudgal following significant public berofitss
"—OUer ASMSM
tb—Fee"
1T—Tax, - ,( 1. Significant cost savings in effective interest rate.
1e—Gov~& bond preparation and bond underwriting costs.
SudOe .
t9—Cal.xwar
Apropnd " 2. Significant reductions in effective user charges.
20—ASeanlpdeds .
21 DOW 3. Employment benefits frog undertaking the project in a
b~.w
22-00rk;0%7 timely fashion.
•Reeolulloa
:3—Aboorsdonw This bill would
Cab wour squire that the Treasurer adu0t the
24—pmson- necessary rules and regulations to carry out the
C+uxIPSO provisions of this bill.
2a—OrOanlsationM
�F am". This bill also specifies that any bonds issued by the
T&A lW"WAO 25—Sta4alJaadala0 authority, their transfer and income therefrom, would at
all times be free from taxation of every kind by the state
IMPACT and by all political subdivisions of the state.
25—RWft arms
—�
31—Conawsw CMlee The provisions of this bill would be effective on January
�t
22—Caape"don 1 of the year immediately subsequent to the year the bill
33—EmmaTmeM becomes law. However, Section 15488 of. the Government
34 Eeaxxais Code (which specifies that any bonds issued by the
artERls ►�Al"WG Authority their transfer and the income therefrom, are
SS—Frepr'onb free front state taxation or taxation by any political
25—Dpoelsab
37—FemlCed subdivision of the state) for income and franchise tax
Argumwft purposes applies to taxable and income years beginning on
RECOMMINSATION
JUSTF."TON —�
25—Suppal AMENDMENT SUMMARY:
39 40 g NNMdTW
11—If mended APPENDIX 4
42—tt Amended -
tl—Amended Lon4va"
AtUtned
copettmesf ob"v •e+Rles 7 R *, Dwosaes office vee
Os O CMW_ ❑s C DOW -L �� _4pesdan Noted
O O=- O It Amended O O en a Fagan Append
Ofaa2prwe0
9404-on 0 Wass Amended ❑N ❑O Unless ArtaTldeJ K oetr.
04►. � aTs •oaeT
m�a
cnal sisne.f by °��
iii :i•e`; HIclur,
Aaseably 8111 36 Otoos)
As Amended April 24. 1983
Page 2
Tax Revenue Estimate
For every 630 million in outstanding bond issues under this bill._
the revenue lose from the Lex exemption on interest incoae•could be
6300.000. This estimate is based on a six percent interest rate and
an average marginal tax rate of 10 percent.
'tax Revenue Estimate Dimcussion
There would also be tax consequences under the Personal Income Tax
Lav and Bank and Corporation Tax Law from the aonrocognition of
gains or losses resulting from the transfer or sale of such bonds.
The magnitude of this impact is unknown.
POLICY CONSIDERATIONS
1 This bill is not clear as to whether the authority is a principal for the
state. If the authority is a principal for the state. the incoae earned.
under Personal Income Tax Law would already be exempt under Section 26 of
Article XIII of the Constitution of the State of California. .
This bill expands the definition of public capital improvements to
include equipment and expands the coat of a public capital laprovement to
Include related expenses connected with the public capital improvement.
POSITION
Neutral.
a
�' S Property of
Y
+� ASSSMY RE°UGUI.IAW CAUCUS
UBRAM
• SENATE RULES COMMITTEE 13111 No. S9 17
Office of
Author, Marks
Senate Floor Analyses Amended: proposed Conference Report
1100 J Street.Suite 305 No. 1 8122/85
445-Q614 Vote Required: 2/3 - Urgency
Caesnatw Votec Senate Floor Vols:
Page 2517. 7/11/85
888.888 tMl t7_,Am aid to add Sacdoeg GWJ and OWA to dw
Gov-aassot Cods.,�,�,�,�to load 84001010.and A be tbo
WVVJOr tbmm, to oaks e1�et hOMmAA*.
BW read Wbd times .
age OWN
The S vas and ebs t u v0 posed by the Da�Daddde,
AYES (SR) SG0 ASR Ayahn,
c. DOofit�t�C�aoopbep, ��� '
N��e• eb- •��Robblor,ltobert�
UYVMW.None.Torrey Vdt4 and Wtlssa q
aA agdarmd trsegsitted to t6s Aammbly,
Assent"Flo-vots 70-4. Ps. 1202. 711/8S
• SMLT@Crt Local bond pooling
SOOSCRt Association of gay Area Governments (ARAC)
VZOWt This bill allow joint powers agencies to "pool" revenue bands or
other area of debt with only the consent of the participants in the pooled
transaction. Each participating member would adopt an ordinance in support of
their part of the transaction. Only the participating cumbers would be
liable, not the nonparticipating ones.
St 17'15 part of the Senate's package of infrastructure bills.
Assembly Amendments basically expand the list of projects for which a Joint
Powers Authority (JPA) any issue revenue bonds. This would clarify the tax
exempt status of these bonds to coincide with a recent IRS ruling.
The Confaranee Committee amended the following provisions from AS 56 (Roos)
into Sg 17
which:
-- Create the Marks-Roos Local gond Pooling Act of 1983.
-- Clarify that joint pavers agencies may create local bond pooling
• authorities to "pool" bond* for local infrastructure projects.
�. -- Provide guidelines and specifies conditions under which theee.local tv
authorities may "pool" bonds.
APPEM*1A s
CONTINUED
w _
•� 1 _'{'; "Y � � � ��� ! a y, �,`.. vA- rpt�f* ��".
bb v
• Toli.—2
Permit the California Debt Advisory Commission to advise local agencies on
forming local bond pooling authorities and selling the bonds. upon their
request.
dLLTSI8t A joint powers agency (JPA) agreement enables two or more cities,
counties. or special districts to exercise powers common to each participating
member. In addition to these commonly-hold powers. JPAm m yt (a) issue
revenue bonds, which every member agency must authorise by ordinance. and (b)
incur other forms of debt (e.g.. assessment bonds), which every member agency
suet authorise by resolution.
Generally. joint powers agencies, such as the Association of bay Area
Governments (ADAC). cannot "pool" revenue bonds or other fores-of debt unless
all of its member agencies consent. regardless if they ate affected. There to
one exception: JPA* which finance electric facilities. In the case of ADAC.
this means that the 100 member agencies must approve their part of the
"pooled" transaction. ADAC finds this requirement an impediment to pooling
bonds.
ADAC has completed six "pooled" transactions with short-teem certificates of
participation that do not require local approval and wants to encourage
pooling with other typos of long-term debt. ADAG's experience with pooling
saved participating local agencies 111 to 22 of total project costs compared to
• other conventional lease-purebase financing arrangements. or a total of $2.3
million.
According to the Senate Local Government Committee analysis. in a "pooled"
transaction. the JPA acts as a financial intermediary between its member
agencies and the credit market by assembling or "pooling" individual bond
Issues into a single. larger issue. The major attraction of pooling for local
governments is lower borrowing costa. This is because of the economies of
scale achieved by sharing the issuance costs. such as bond counsel fees and
underwriter costs.
Lesislative history. AbAG first offered this proposal at an interim heating of
the local Govorwout Committee's Subcommittee on Infrastructure and Public
Works in November 1983. The language in SE 17 was included in last year's Sb
1166 (Marks). Governor Deukmejian vetoed 83 1166 because he wished to review
the work of his Infrastructure Task Torte and come up with his own plan. The
Task Force recommended bond pooling, as does the Governor's 1983-86 budget.
This year Sb 17 is part of the Senate's pack&$* of infrostructure.bille.
The following consists of the projects for which a JPA can issue revenue bond*
under Sb 17.
1. Hasardous or toxic substances disposal and treatment facilities.
2. Local streets and roads.
3. Masa transit facilities or vehicles
4. Publicly.ownod or operated commercial or general aviation airports and
. airport-related facilities.
S. Police or fir* @cations.
v 6. Public works facilities, including corporation yarda.
Y. Public health facilities.
B. Criminal justice facilities. `
CO81TI11Uba
hi
S8 17
• Pap 1
9. Public libraries.
10. Publicly owned or operated parking garages.
11. Lw income housing projects.
12. Equipment necessary to support the above-listed facilities.
This bill has two separate purposes. The first is to make it easier for a JPA
to issue revenue bonds and incur other forms of indebtedness. The second is
to avoid a potential federal Internal Revenue Service ruling which may
Jeopardise the federal tax-exempt status of JPA-issued revenue bonds.
The Conference Committee amendments:
1) Create the Marks-Roos Local Bond Pooling Act of 1985 by inserting the
content of AS 56 (Roos). as ascended July 15. 1985. Specifically.-the act
provides for the creation of local bond pooling authorities, as follow:
a) Express legislative findings and declarations that:
i) •There is a critical used to expand, upgrade, and otherwise
Improve the public capital facilities of local government.
ii) It is the Legislature's intent to assist in the reduction of
local borrowing costs. help accelerate the construction. repair.
• and maintenance of public capital improvements. and promote
greater use of existing and new financial instruments and
maehanisma. such as bond pooling.
b) Clarify that JPAs are allowed to pool ponds to finance local capital
Improvements and specifies guidelines for forming local bond pooling '
authorities.
c) Allow local bond pooling authorities to act in the some manner as
bond-issuing agencies along with the right to:
1) Loan funds to any local agency to finance capital improvement
projects in accordance with an agreement between the authority
and the &Soucy'and refinance local agency debt incurred in
connection with public capital improvements undertaken and
completed.
ii) Mortgage any portion of its interest in these improvements and
project property.
iii) Lease the improvements being financed to a local agency.
IV) Charge local agencies for its administrative coats and expenses.
V) Purchase. with.the proceeds of its revenue, bond issues.of any
local agency to be held or resold at public or negotiated sale.
• d) Allow an 'authority to enter into a bond purchase agreement with one or
v more local agencies to purchase its (their) bondo. The agreement meat
specify that
COMTr N"
z.
se 17
Page 4
1) Maximum interest cost.
11) Issuance cost.
111) Required reserve.
IT) Default procedure.
s) Allow an authority to issue bonds to support its activities which say
include:
1) Providing funds for bond purchase agreements.
11) Mating bond interest payments.
iii) Refunding outstanding authority bond debt.
iv) Establishing reserves to secure the bonds.
v) Investing funds during escrow.
TO Other expenditures incidental to bond issuance.
:e
vii) Mating loans to local agencies ao that Chep can pay for public
capital improvements.
�-► f) Allow an authority's bond proceeds to finance:
1) A single improvement for a single local agency.
11) A series of improvements for a single local agency.
111) A single Improvement for several local agencies.
IT) several improvements for several local agencies.
S) Specify the limitations under which an authority may issue bonds and
the content of an authority's resolution authorising the sale of the
bonds.
b) Zzompt an authority from property taxes or assessments on any public lo.
capital Improvement or property to which it holds title.
t) Allow local agencies to request assistants from the California Debt
Advisory Commissioo in forming local bond pooling authorities as well as
in'tbe planning. preparing. insuring. marketing. and selling of the bonds.
3) Add to the statutory list of projects a JPA can finance by issuing revenue
bonds. those public Improvement projects authorised by the following acts:
• a) Community Redevelopment Lar.
b) , Improvement Act of 1911.
COR$MIMRRD
T.
51 17
• Trde S
Li c) Municipal Improvement Act of 1913.
d) Improvement Bond Act of 1913.
e) Mello-loos Commsnity Facilities Act of 1982.
♦) Lxplicitly allow a JPA to issue mortgage revenue bonds and industrial
development bonds.
i S) !lake other technically, conforming changes.
FISCAL OTBLTs Appropriatioos`so Fiscal Committees Mo Localt No
Per Legislative Analysts
Unkawn. potentially significant cost savings to local agencies. beginning in
1985-86.
Unknown General Fund revenue loss beginning in 1985-86 to the extent tact
exempt bonds are purchased in lieu of triable securities..
SurPMI (Verified VMS) As of Conference Reports also.
• Association of Day Area Governments
Association of California Yater Agencies
Sacramento MmIcipel Dtility District
California Chamber of Commerce
California Taxpayer's Association
CSAC
California Association of Council of Government
League of California Cities
State Association of County Auditors
Southern California Association of Government
California Library Association
Mm
lS IN SOPFMs ABAG believes the bill will reduce the transection
cost• of local agencies in financing needed capital improvement projects
through pooled financing arrangements.
This bill has three separate purposes: 1) To make it easier for a JPA to issue
revenue bonds and incur other forms of indebtedness. 2) to avoid a potential
federal Internal Revenue Service ruling which may joopardise the federal
tax-exempt status of JPMiasued revenue bonds. and 3) to clarify that JPAs can
pool bonds to finance local capital improvement projects and to provide
specific statutory authority.
.v
Ct11RINVID
fib...
Legislative Analyst
May 10, 1985
ARALYSIS OF ASSEMBLY BILL R0. 56 (Roos)
As Amended in Assembly April 24, 1985
1985-86 Session _
Fiscal Effect: $
a
Cost: 1. Unknown, potentially significant v
cost savings to local agencies, m
beginning in 1985-86, for issuance
and payment of debt service on
bonds issued for capital
improvements and other specified
purposes.
2. Potential unknown, but probably
minor, General Fund costs
beginning in 1985-86 for increased
state aid for school
apportionments, resulting from
temporary tax exemption of
property held by local
authorities.
3. Unknown, but probably minor,
General Fund costs in 1985-86 to
develop and issue regulations.
Revenue: 1. Unknown loss of General Fund
revenue. beginning in 1985-86. to
the extent that tax exempt bonds
are purchased by California
residents in lieu of taxable
securities.
2. Potential unknown. but probably
minor. revenue loss to local
governments other than school
districts. from the temporary tax
exemption for property held by
total bond pooling authorities.
beginning in 1985-86.
APPENDIX 6
A8 56--contd
3. Unknown. potentially significant.
revenue increase. beginning in
1985-86, to the California Debt
Advisory Commission Fund from fees
charged to underwriters of debt
issued by bond pooling
authorities.
Analysis:
This hilt authorizes the creation of local bond
pooling Kut-Wo-ties to provide financial assistance for
local government capital improvement projects. "
The authorities created by this bill would be
established under regulations issued by the State €;
Treasurer. In general, the authorities would be allowed -;
to issue revenue bonds and other types of tax-exempt
debt instruments, to provide financial assistance for
local capital improvement projects. The proceeds from
the sale of the debt could be used by the authority to
purchase bonds issued by local agencies, or make loans
to local agencies, for public capital improvements and
industrial, commercial, and residential development
projects. The debt could be issued to provide financing
for a single or series of projects. and for one or more
local agencies.
The bill also contains provisions which:
e Specify the legislature's intent to assist
local agencies with infrastructure financing
by authorizing local authorities to pool
bonds:
-2-
4'
F
• r
AB 55--tontd
e Allow an authority to charge local agencies
for its administrative expenses and costs;
e Specify the conditions and limitations under
which the authority may issue revenue bonds;
and
a .Exempt the authority from any property taxes
on any project or property, as long as it
holds title.
Fiscal Effect
This bill would have the following significant
fiscal effects:
1. Debt issuance costs for local capital
improvement projects could potentially decrease by an
unknown amount, to the extent that the bond pooling
mechanism towers the costs to market. issue, and
service the debt that otherwise would be issued
separately. On the other hand, the local bond pooling
authorities wculd incur unknown costs for operations,
support. and payment of debt service. The authority's
administrative expenses would be supported through fees
paid by local agencies that apply for financial
assistance from the bond pooling authority. Its costs
for pa)%wnt of debt service would be financed from
Interest earnings on bonds purchased from. or loans
made to. local agencies. In addition. revenues in
excess of an authority's debt service obligations could
be generated. to the extent that the amount of interest
income earned by the authority exceeds the interest the
authority pays on the bonds that T—{sues.
• „tom�;
r
AB 56--contd
2. The tax exemption for property held by the
authority would result in potential unknown, but
probably minor, losses of property tax revenues to
local agencies and school districts. These losses
would occur to the extent that property held by an
authority would otherwise be held by private parties or
by local agencies outside of their own jurisdictions.
The losses would be terporary in nature. as the
exemption would expire once the property was
transferred to a normally taxable participant. Any
losses sustained by school districts would be offset by
corresponding increases in state aid for school
apportionments from the state General Fund.
3. Interest income from the authority's bonds
would be exempt from the state personal income tax', the
corporate income tax, and the bank and corporation
franchise tax. As such, the state would incur unknown
revenue losses to the extent that the bonds are
purchased by California private investors in lieu of
taxable securities. State and local expenditures for
debt service nay increase if the bonds issued by local
authorities increase the interest rates on other bonds
issued by public agencies.
4. The State Treasurer would incur unknown, but
probably minor, administrative costs to issue
regulations that provide for the establishment of local
.bond pooling authorities.
S. The bonds issued by the bond pooling
authorities would be subject to the existing
notification fee requirement of the California Debt
Advisory Conmissicn (CCAC). The fees paid to the
commission (which would be charged to bond
underwriters) would result in an unknown, but
potentially significant revenue increase to the CDAC
fund.
13/s1S -4-
Amendments to COnstitution
and
Proposed Statutes
with
Arguments Respecting the Same
To be Submitted to the Electors of the State of California at the
General Election on
TUESDAY, -NOVEMBER 3, 1914
Index, Certificate and Form of Ballot will be found in last pages
Proposed changes in language are printed in black face
Provisions to be repealed are printed in italics
CERTIFIED BY THE SECRETARY OF STATE
AND PRINTED AT THE STATE
PRINTING OFFICE
1914
10991
E
"MNDI% 7 .
un of five hundred thousand dollars, and
Lo statute of limitations shall apply in any PUBLIC UTILITIES IN MUNICIPALITIES.
rr.to these claims; and provided, further,
he city of Vallejo, of Solano county, may Senate Constitutional Amendment 53 amending section 19 of article XI of constitution.
s existing Indebtedness Incurred in the con- Authorizes any municipal corporation to acquire and operate public utilities; to grant franchises
ion of Its waterworks whenever two thirds
electors thereof voting at an election held to operate same under regulations prescribed by its organic law or otherwise by law; but elim-
'at purpose shall so decide, and that no inates from present section provisions authorizing municipal government to regulate charges for
Of limitations shall apply In any manner. services under such franchises; and authorizes municipal corporation to furnish the product or
ndebtedhew or liability Incurred contrary service of public utility operated by it to users beyond its limits, to other,municipalities, and to
3 provision, with the exceptions herelnbe- inhabitants thereof without consent of such municipalities.
- D
cited, shall be void,
city and county of San Francisco, the city
Senate Constitutional Amendment Co. 53—A by original construction or by the purchase of
resolution proposing to the people of the State existing works, including their franchises, or
1 Jose and the town of Santa Clara maof California an amendment to section nine- both. Persons or corporations may establish and
Provision for a sinking fund, to pay the teen of article XI of the Constitution of the operate works for supplying the inhabitants with
,al of any indebtedness incurred, or to be State of California, relating to the operation such services upon such conditions and under
ter incurred, by it, to commence at a time of public utilities by mtmicipal corporations. such regulations n the municipality may der
the incurring of such inre-
debtedness of not The legislature of the State of California, at scribe under its organic taw, on condition that
han a period of one fourth of the time of its regular session commencing on the sixth day the municipal government shall have the right to
tY of such Indebtedness, which shall not o: January, 1913, two thirds of the members regulate the charges thereof. A municipal cor-
seventy-five years from the time of con- elected to each of the two houses of said legisla- poration may furnish such services to inhabitants
g the same. Any indebtedness incurred ture voting in favor thereof,hereby proposes that outside its boundaries;provided, that it shall not
ry to any provision of this section shall be section 19 of article XI of the Constitution of the furnish any service to the Inhabitants of ar,1
State of California be amended to read as other municipality owning or operating works
follows: oupplying the safne service to such inhabitants,
PROPOSED taw. without the consent of such other fnutticipality,
MENTS iN FAVOR OF SENATE CON- Section 19. Any municipal corporation shall expressed by ordinance.
ITUTIONAL AMENDMENT NO. 34. have power to acquire by.purchase, tease, con-
new'portion of this amendment Is that demnation or otherwise, in whole or In part, or
fit which Peters to Alameda county, and to construct, and to own, maintain, equip and ARGUMENT IN FAVOR OF SENATE CONSTI-
git hi h ref Alameda county, and that operate public utilities; and to grant franchises TUTIONAL AMENDMENT NO. 53.
to persona, firms pcorporations to es-
on15, to call an election .within that tab[ish, equip, maintain
and and operate public uttit-
This amendment to article XI of the state con-
and submit to Its voters the question ties, upon such conditions and under such regu- stitution simply enlarges the powers of munid-
•r Alameda county should levy a tax, not lations as may be prescribed under the organic pal corporations respecting their ownership of
law of such municipality or otherwise b law, public utilities. This amendment extends their
sed one million dollars and Invest the An municipal corporation may furnish the pro- Powers, permitting them to acquire any public
C- derived in the Panama-pacific Interna- y utility or service Instead of limiting the right to
Cxposition duct or service of any public utility conducted acquire a few specified kinds of service. Underledge
Is in accordance with the or operated It other municipal corporations the proposed amendment, municipalities can ac-
ent Alameda county citizens t
pledges made by and the inhaa it s thereof, and to consumers quire, by original construction, purchase, leasa
that that and users outside of its limits. or condemnation, works or plants supplying
would contribute towards financing the Section 19, article XI, proposed to be amend- water, gas, electricity, heat, illumination, power,
Ion. It was later found that the consti- ed, now reads as follows: refrigeration, with transportation, telephone
did not contain any provision which would EXISTING LAW. service, or any other public utility.
any county to raise money by taxation Section 19. Any municipal corporation may The old section was too limited in its powers, `
,h purposes. establish and operate public works for supplying and therefore should be broadened, which the
constitutional amendment would so change its fithabitanta with light, water, power, heat, proposed amendment contemplates.
ratitution that Alameda county can, If two transportation, telephone service or other means A. FI. BREED,
Of its voters vote in favor of such a tax, of communication. Such works may be acquired State Senator Fifteenth District.
tax upon Itself for this specific purpose.
)plies to no other county. It requiring a TAXATION OF PUBLIC PROPERTY.
rds vote to levy the tax, everybody is
Irded The amendment should be adopted. Assembly Constitutional Amendment 6 amending section t of article X111 of constitution.
C&O• J. HANEPresent section unchanged but proviso added declaring taxable all lands and improvements thereon
State Senator Fourteenth District. owned beyond its limits.by a county or municipal corporation, if taxable at the time acquired by
it; exempting improvements constructed by such owner upon any of its lands; and declaring ail
Proposed amendment is an amendment to such taxable property assessable by assessor of county or municipal corporation where situated,sub-
18, article XI, of the Constitution of the ject to review and adjustment by state board of equalization.
f California, and affects no other section Assembly Constitutional Amendment No. 6, a tained as provided by law, or as hereinafter pro-.
state than Alameda county. It is in the resolution to propose to the people of the State vided The word "property," as used In this
of an enabling act by which Alameda of California an amendment of the constitu- article and section, is hereby declared to include
tion of the 'state amending section one Of
may incur a bonded indebtedness, not to article thirteen thereof relating to revenuee moneys, credits, bonds, stocks, dues, franchises.,real
and all other matters and thin s;
one m.liion dollars, for the purchase of and taxation, and mixed, capable of privnteg real, personal,
the Panama-Pacific International Ex- The legislature of the State of California at its vided, that a mortgage, deed of trust, contract,
Company. The amendment should be fortieth regular session, commencing on the or other obligation by which a debt is secured
by the people of the state for the reason sixth day of January, nineteen hundred thirteen, when land is pledged as security for the payment
two thirds of all the members elected to each of thereof, together with the money represented by
will enable the voters of Alameda county the houses of said legislature voting in favor
upon the question of investment in the thereof, hereby proposes to the qualified electors such.debt, shall not be considered property sub-
on. of the State of California that section one of Jett to taxation; and further provided, that prop-.
aw of the fact that the o article thirteen of the Constitution of the State erty used for free public libraries and free mu-
tent would be confined entirely to of
t of California be amended to read as follows: seums, groNvIng crops, property used exclusively
aunty.'it is clear that the voters of the PROPOSED taw, for public schools, and such as may belong U
large should permit this county to ave the United States, this state, or to any county,
Section 1. All property in the state except as city and county, or municipal corporation within
'er to vote upon the question of bonding. otherwise in this constitution Provided, not ex- this state shall be exempt from taxation, except
EDWARD J. TYRREty, empt under the laws of the United States, shall such lands and the Improvements thereon located
State Senator Sixteenth District, be taxed in proportion to its value, to be as&r- outside of the county, city and county or munle-
'.vine
�!}�7 2• 7 if�� 1'.1117 M"1 is r.J, 1��1������N�� + j, 1,iii int r _
f 1pal corporation owning the same as were sub- counties Into which they may.enter for such Pur- LOCAL r'
Jett to taxation at the time of the acquisition of poses. A concrete Illustration to afforded by the
the same by said county, city and county orcounties of Tuolumne, Mono and Inyo. In fur. Met
Constitutional Amend
municipal corporation; provided, that no lm- therance of obtaininga large water supply, for P
provements of any character whatever..vnetruct- Authorizes any county or manic$
ed by any county, city and county or municipal municipal and other uses, the purchase by San one or more Of follo�
Francisco in Tuolumne county aggregated over in sae
corporation shall be subject to taxation. All shipping; household furniture; live
lands or Improvements thereon, belonging to any $1,000.090.00 worth of property. Los Angeles, in vehicles; other personal property
county, city and county or municipal corpora- Owens river valley, acquired by purchase over such exemptions shall be subject to r
tion, not exempt from taxation,shall be assessed 1,6,000 acres of land,amounting to over one sixth from taxation shall be uniform.
by the assessor of the county, city and county of the assessed value, and more than one fourth
or municipal corporation In which said lands or hld agricultural land of the county. The
�f the located Assembly
Constitutional Amendmer,
a Improvements are located, and said assessment resolution to propose to the people
shall be subject to review, equalization and ad- city of Los Angeles has acquired large hold[nga of Callfornia an amendment to tl
justment by the state board of equalization6 In ikf_�,no county. Before such acquisition the new section So article XIII,of the tate of I: rnelat
The legislature may provide, except in the case area was tax-paying property. Since the acquist- nue and taxation.
of credits secured by mortgage or trust deed, tion in Inyo county the city o: Los Angeles has The legislature Of the State of Call
for a deduction from credits of debts due to bona continued to pay taxes, as a matter of justice, fortieth regular session commencing
fide residents of this state. but its paymenta are accompanied by protests, day of January, nineteen hundred a
Section 1, article XIII, proposed to be amend- In order to preserve t- it tae right of refusal to two thirds of all members of each h
ed, now reads as follows: pay which many contend that It has under the legislature voting in favor thereof.
constitutional provision as it stands at to polls an amendment to the Consti
WaSTIMG LAW. present. State of California, by adding
and that It might sustain In case of legal contest. new BWUO-'I-
Section 1. All property In the state except as While not abandoning any right from a technical Section 1. Article XIII,of the Co
otherwise in this constitution provided, not ex- standpoint, the city recognizes the justice of the the State of California, Is hereby
empt under the laws of the United States, shall contention upon which this amendment is based. adding thereto a new section to b
be taxed in proportion to its value, to be aster- eight and one halt,to read as follows
tamed as provided by law, or as hereinafter pro- The city of San Francisco refuses absolutely Section q. Any county, city and
vided. The word 'property;' as used in this ar- to pay one dollar In taxes In Tuolumne county or town, may exempt from taxatit
title and section, Is hereby declared to include on their $1,000,000.00 worth of property, con- purposes in whole or in part, any on,
moneys, credits, bonds, stocks, dues, franchises, tending they are exempt from such a tax by a tthllowing classes of property: ir
and all other matters and things, real, personal, constitutional provision. In, on, Or over land; shipping; Hous
and mixed, capable of private ownership; pro- ture; live stock; merchandise; machl
vided. that a mortgage, deed of trust, contract, The proposed amendment does not penalize Im- farming implements; vehicles; oth
or other obligation by which a debt Is secured provements that the Invading corporation may property except franchises. Any U
when land Is pledged as security for the payment make. On the contrary, it expressly limits taxa resolution of any county. city and co,
thereof, together with the money represented by tion to the property as acquired and excludes town, exempting property from tax
such debt, shall not be considered property sub- any Improvements thereafter made. this section provided. shall be subjec
ject to taxation;and further provided, that prop- It further endum vote as by law provided for o
erty used for free public libraries and free mu- gives to the owning municipality or resolutions. Taxes levied upon prop
seums, growing crops, property used exclusively county, assessed under Its authority, the same empt from taxation shall be uniform.
for public schools, and such as may belong to the protection against unjust assessment that other
United States, this state, or to any county or taxpayers enjoy, by making such assessments ARGUMENTS IN FAVOR OF ASSEP
municipal corporation within this state shall be subject to competent official review. STITUTIONAL AMENDMENT
exempt from taxation. The legislature may pro- It would be possible for an acquiring city or Any one who opposes this amend
vide, except 1n the case of credits secured by diately places the people of the Stat'
mortgage or trust deed, for a deduction from county to virtually destroy the government of a nia in the position of being unabl
credits of debts due to bona fide residents of this small county by acquiring, for one purpose or themselves. In other words, the of
state. another, for municipal use, the substance of its opposed to self-government.
revenue-yielding property. That such a result The amendment is merely an enabl
ARGUMENT IN FAVOR OF ASSEMBLY CON- would be Improbable and extreme does not alter does not, of itself. adopt any system
STITUTIONAL AMENDMENT NO. fl. the fact of its possibility. In the Inyo county gems oes ow In use.it make any
merely gives t`
It provides for the taxation of such lands sad Instance, refusal by the city of Los Angeles to of the various political subdivision
the Improvements thereon located outside the Pay taxes upon real estate which has heretofore therein, the right to change their pre
county, city and county or municipal corporation borne its due share of the expense of the county of taxation to best suit the welfare a
owning the same, as were subject to taxation at government would be a serious matter, either meat of their home city or town. I
the time of the acquisition of the same by said curtailing the county's welfare or Imposing a if a city wants to encourage manufa'
county,city and county or municipal corporation*1heavier burden on other property. With such a city could exempt manufacturing es;
result possible to a fractional extent, It would be from taxation. If a city would
provided, that no improvements of any character homes bulli within its borders hon:
whatever constructed by any county, city and
equally possible to the fullest extent that the exempted. And so certain propert;
county or municipal corporation shall be subject investing city might see fit to go.
exempt as the nature of each ca:
It la to remedy to taxation. All lands or improvements thereon, y such a condition that this This is what is called Home Buie in
belonging to any county, city and county or mu- amendment was proposed. Uncertainty on the self the righto an
nicipal corporation, not exempt from taxation, matter should be removed by a legal assurance
self-government
ties now having t should.t
money shalt be six by th
shall be assessed by the assessor of the county, that while natural resources wftl.fn one county Boning be entitled to adopt a evstem 1
city and county or municipal corporation in may be directly used for the upbullding of an-
i other, lands or other property money fa to be raised. The constitu
which said lands or improvements are located. p petty already upon the Gently given to cities home rule by
'• and said assessment shall be subject to review. Invaded county's tax rol! shall continue to bean Initiative. referendum and recall, ar,
equalization and adjustment by the state board its share of maintaining the local government logical that cities should have home
of equalization. It is hoped, therefore, that the justice of this ters pertaining to their tax system-
The present system of taxation is
This amendment does not seek to hinder in any amendment will Insure for It the approval of the densome, complicated and costly. T
way the developmentiof enterprises by and for people of the state. is compelled to paY a great number
the benefit of countles or municipalities. In any Gro. A. CLAasa, each year to assess all forms of 1
part of the state, but to protect from ides those Assemblyman Forty-seventh District eluding household furniture, gifts :an
Too
s
' .i�, t la... r3 � 1::;�r •� ,� tr y'�'i." . i.� 4_ r!:a,..v iF
1 PROOF OF SERVICE
2 I am a citizen of the United States, over eighteen
years of age and not a party to the within action. My business
3 address is 770 L Street, Suite 1050, Sacramento, California
95814. I am readily familiar with my employer's practice for the
4 collection and processing of correspondence for mailing with the
United States Postal Service and know that each day's
5 correspondence is deposited with the United States Postal Service
that same day in the ordinary course of business.
6
On July 24, 1995, I served the following:
7
SEPARATE STATEMENT OF POINTS AND AUTHORITIES IN SUPPORT OF
8 APPLICATION FOR REVIEW AND CLAIM FOR REFUND OF TABES AND REQUEST
FOR ORDER
9
on the parties in this action by:
10
BB placing a copy thereof in a sealed envelope with postage
11 fully prepaid thereon for collection and mailing on that
date following ordinary business practices [ via Express
12 Mail] [ via Certified Mail, Return Receipt Requested]
13 _XX delivering a true copy thereof to those persons or offices
listed below
14
addressed as follows:
15
State Board of Equalization
16 District Office
450 N Street
17 Sacramento, California 95814
(BY PERSONAL SERVICE)
18
Mary LaMarshe
19 Auditor Appraiser
Contra Costa County Tax Assessor's Office
20 651 Pine Street, 5th Floor
Martinez, CA 94553-1213
21 (BY MAIL)
22 Contra Costa County
Board of Supervisors
23 Clerk's Office
651 Pine Street,' Room 106
24 Martinez, CA. 94553
(BY MAIL)
25
I declare under penalty of perjury under the laws of
26 the State of California that the foregoing is true and correct.
Executed at Sacramento, California on July 24, 1995.
27
28
EDWINA L. LECA
F.Rr%PWS\1959.1
I�RQ! 'PM BETH -E_ 1-E1J-a" N 0 V22 94 _ 49
N0 .006 P . 02
3
RECORDING REQUESTED BY FIRST AMERICAN 77TLE GUARANTY RLCORDED AT REQUUT
:.)trder No. =Zr.- ' AAi IRICAN Tim! 40.
Wa w No. 311879
Loan No. APR 27 %4919
7 199a
WHEN RECORDED MAIL TO: AT K M.
CO>:
PROGRAM SETA RISK MANAGEMENT 94 116,93CONTRA LINTY ECORDB� STEPHEN L. WEIR
100 PRINGLE AVENUE #233 COUN�7w
WALNUT CREEK CA 94596 FEE $
MAIL TAX VMEMFENTS 10; -the undersignea gran ors ec ars
NOT APPLICABLE - OFFICIAL CITY TRANSFER TAX IS MIMIE
DOCUMENTARY TRANSFER TAX IS $NONE
GOVERNMENT ENTITY - OFFICIAL
Survey monument preservation fund Is MONE -
GOVERNMENT ENTITY - OFFICIAL
COMPUTED ON THE CONSIDERATION OR VALUE
OF THE PROPERTY CONVEYED
APN 188-061-005 & -013 ,
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of whlch Is hereby acknowledged,
FIRST NATIONWIDE BANK, A FEDERAL SAVINGS BANK
hereby GRANT(S) to
PROGRAM BETA RISK MANAGEMENT AUTHORITY, A CALIFORNIA JOINT POWERS AUTHORITY
the real property In the City of AL-AMO, County of CONTRA COSTA, State of California, described as:
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF.
Dated: April 2 _ 1994
FIRST NATIONWIDE BANK,
A FEDERAL SAVINGS BANK
C
Its' •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 15#VelL a4 , before me, the undersigned, personally appeared
vJ L L Lt F•.!-t W. apoA " ZQ• . personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(&) is/am subscribed to the within instrument and acknowledged
to me that he/shellhey executed the same In hi0erAheir authorized capachy(les), and that by hls/herAhelr
signature(s) on the Instrument their person($) or the entity upon behalf of which the person(s) acted, executed the
Instrument
tMTNESS rn }}}�� official Seal. F. Anne M1m
Comm.foam HprpgV WOL1C•04upop %
Signature Kia tMIYi
f. t uroley Pavc
o� I c - EXHIBIT 3
I > �, r� -� � Pix -� r � �
PRGGFHM BETH 1Ei_ 3--6o �40V 24 'y4 1 5_1 V0 .uur F . J:i
Order No. 311879
Nage No. 6
LEGAL DESCRIPTION
REAL PROPERTY In an unincorporated area, County of Contra Costa. State of California, described as
follows:
PARCEL ONE. h„s
Portion of the Rancho San Ramon, described as follows:
Beginning on the West fine of the State Highway from Walnut Creek to Danvflle at the most northerly comer
of the parcel of land described In the Deed from Corwin R. Henry, et ux, to The Alamo Community Club, L4:
recorded September 7, 1949, in Volume 1433 of Offlclal Records, at Page 404; thence from said point of
beginning, North 39. 47' West, along said West tine. 189.34 lost; thence South 50. 10' West, 90 last to
the East line of the Southern Pacific Railroad right of way; thence South 39. 47' Esst along said East line,
188.34 feet to the most westerly comer of Said Alamo Community Club Parcel; thence North 50' 11' East
along the northwest line of said Parcel, 90 feet to the point of beginning.
PARCEL TWO:
Parcel 8, as shown on the Parcel Map filed October 9, 1980, in Book 90 of Parcel Maps, at Page 7, Contra
Costa County Records.
A.P.Nos.: 198-081-005 and 013
first American Title
F.RO&Rlgl� EE1 i C'V C i 1 _ �1 No .C,0h ;1 05
l CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property,
described.--os follows:
PARCEL ONE:
Portion of the Rancho San Ramon, described as follows: 44
Beginning on the West line of the State Highway from PA
Walnut Crook to Danville at the most northerly corner of
the parcel of land described in the Deed from Corwin R. C`:
Henry, et ux, to the Alamo Community Club, recorded 0
September 7, 1949, in Volume 1433 of Official Records, at 4:
Page 404; thence from said point of beginning, North 390 ��•''
471 west, along said toast line, 186.34 feet; thence South
500 lot West, 90 fest to the East line of the Southern
Pacific Railroad right of way; thence South 390 471 East
along said East line, 186.34 feet to the most westerly
corner of said Alamo Community Club Parcels thence North
500 ill East along the northwest line of said Parcel , 90
feet to the point of beginning.
PARCEL TWO:
Parcel B, as shown on the Parcel Map filed October 9,
1980, in Book 90 of Parcel. Maps, at Page 7, Contra Costa
County Records.
A.P.Nos. : 198-061-005 and 198-061-013
to be conveyed by Grant Deed dated on or about April 11 , 1994, from
First Nationwide Bank, a Federal Savings Bank, to Program META Risk
Management Authority, a Joint Powers Authority duly organized and
existing under the Laws of the State of California, is hereby
accepted as of the above-referenced effective date of the
conveyance of said real property, and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: April 8 , 1994 PROGRAM BETA RISK MANAGEMENT
AUTHORITY
By T o s J. nder �L
Chief Exe utive Officer
EU OF DOWNEM
h
r
WEISSBURG AND ARONSON. INC.
ROS[RT J.GERST LAWRENCE C CONN ATTORNEYS AT LAW LOS ANGELES OFFICE
ROSCRTA KLEIN MARK T WHIESLE 402 WEST BROADWAY. 23RD FLOOR
t PETCP ARONSON RIDSERT E LEVCNTMAL SAN DIEGO. CALIFORNIA 92101.3542 32NO FLOOR.TWO CENTUR, PLAZA
2040 CNTWRv CAST
CARL WEISSSUPG RALPH T.FEROLISON TELEPHONE 16191 234-6666 Los ANo[LCs.ECAL FORK AKpp Ol7']271
RICHARD A LARRY L M
SLACKER ARSKALL
MARKS., .01SCIN CLARC RICHAA000" FACSIMILE 16191 234.3510 TELEPHONE (310)277-2223
J MARK WAAMAN CAROL ISACKSON FACSIMILE 13101 557-5.75
CARL H IITCHN[R PAUL OUSTAV NCUMANN
ROS[RT O SCVCLL JAMES N GOOES
SACRAMENTO pII1C[
RICHARD F SCIDEN 00.0T ,J STEPMCNS
MARK A KAD2IELSKI INGESORO C.PENNCR
770 L STR[[T.SUIT 1050
GPEGOP,W MCCLUNC GAR,D KOC-,-O"' S tember 15 1994 SACRAMENTO CALIFORNIA 05514.331RS
GEO-09 L.ROOT JR wK C PEA6AN ep , TELCPMONE 14101 4.3.
JAMES R KAL,VAS ELIZASETN R RUIKEMA-ISON SODS
JA-CS F OUR, MAPGAPCT• RC,NOIDS FACSIMILE ip161..3.22.0
MAOGAR[T M —N1NG .JHIPLC,J PAIN[
RICHAPO M ALBERT M LC[DICKINSON
SAN FRANCISCO OFFICE
CHARLES J WISCH RCSECCA.J KURLAND
RALPH S KOSTANT THOMAS A Ni 555 CALIFORNIA STREET SUITE 2.00
LAURENCC P ARNOLD HOWARD CONCN SAN FPANCISCO.CALIFORNIA 9.10-1527
—TA O L[[ JOHN M...OQAN
TELEPHONE 14131 A34-4464
SAMUEL I HO►IMAN JONATMpN C.CONN
FACSIMILE 14151 434-.507
THOMAS L DRISCOLL /LOPCNC[F CAMERON
JONATHAN- LINOCKE STEVEN J SIKCRL[IN
C.DARR,L CORO[RO CHAR-CS S OPPCNMCIM 4
WANE J MILLER AMT S HAIR
DENISE RODRIQUEZ PCX JULIAN SEAMP
ARLEN R QUNNCR 01ANC VNO
STEPHEN W PARRISH SANDRA L.SIERMAI. FILE NUMSEP
R MICMACL SCARANO,JR EVA GIORpANO
LOWE"C.BROWN CHRISTOPHEP E.LOVE
GRCGOR,Y MOSER 'COW L.WAON[R
ROSCRT C OOLOSTEIN LEILA NOURANI - V(3-1W.YTV
TAM1 S.SMASON EVIIIIN N.SAM"'
IY C SCL
JUOITH E SOLOMON
ROBERT JAMS CNOCRS
PEROTT CHPISTISON
FRCDCRICK MARTIN.JR.
WALLACC R.POCK
VIA CERI ♦T lRECEEPT RMUESTED
Mr. Rick Evia
Contra Costa County Assessor
651 Pine Street, 5th Floor
Martinez, CA 94533
Clerk of the Assessment Appeals Board
Administration Building
651 Pine Street, 5th Floor
Martinez, CA 94533
Re: Unsecured Property Tax Bill for Assessor's Parcel No.
249464
Dear Mr. Evia and Clerk of the Assessment Appeals Board:
This firm represents the Program BETA Risk Management Authority, the
owner of the above-referenced parcel of real property. We understand that you have
forwarded an unsecured property tax bill to the Authority. We are writing to explain why
the Authority is not liable for payment of the unsecured property tax bill.
The Authority is a statewide joint powers public agency created to administer a
program of self-insurance for over 59 local public hospital districts and counties located
EXHIBIT 4
a
'WEISSSURG AND ARONSC INC.
Mr. Rick Evia
September 15, 1994
Page 2
throughout the state. It was formed in early 1989 pursuant to a Joint Powers Agreement, a
copy of which is enclosed. Joint powers authorities are authorized by Government Code
section 6500 !:1
On April 27, 1994, the Authority acquired the above-referenced property from
1st Nationwide Bank. Because the property was acquired for the conduct of the public
purposes for which the Authority was formed, the property is exempt from any property
taxes or assessments from the date of acquisition. Government Code section 6595.7(x)
provides as follows:
"(a) The authority is not required to pay any property taxes or
assessments upon, or with respect to, any public capital improvement
or any property acquired by, or for, the (joint powers) authority under
this article, or upon the income therefrom, as long as the authority
holds title to the public capital improvement or to the property
contained in the public capital improvement."
In addition, the Authority's records indicate that it has previously mailed
notice to the Assessor's office, under Revenue and Taxation Code section 5082.1, that the
property was being acquired by a public agency and would be exempt from property taxes
and other assessments under Government Code section 6595.7(a).
Therefore, if property taxes and/or assessments have been levied on the above-
referenced property since the Authority acquired it on April 27, 1994, such taxes and
assessments should now be cancelled. If any taxes or assessments are due and payable which
accrued Rdz to the Authority's acquisition, paragraph 4.5 of the purchase agreement
between the Authority and 1st Nationwide Bank requires the bank to pay the taxes or
assessments. We have enclosed the pertinent portion of the purchase agreement for your
files. Should you wish to forward a revised bill to the bank, please mail it to:
Mr. William Banks, Vice President
1st Nationwide Bank
9800 S. Sepulveda Blvd., Suite 310
Los Angeles, CA 90045
The Authority will forward payment of the unsecured property tax bill to the
Assessor under separate cover. When the property taxes and/or assessments accruing from
April 27, 1994 have been cancelled, please forward a refund check directly to the Authority.
WEISSaURG AND ARONSG. iNC.
Mr. Rick Evia
September 15, 1994
Page 3
We appreciate your.anticipated cooperation.
Very truly yours,
a
Steven J. Simerlein
Enclosures
cc: Ms. Betty Bradshaw
Mr. William Banks
Gregory V. Moser, Esq.
srsu.�s�s.i
AGREEMENT FOR PURCHASE AND SALE
OF REAL ESTATE AND JOINT ESCROW INSTRUCTIONS
By and Between
PROGRAM BETA RISK MANAGEMENT AUTHORITY,
a California joint powers authority
("Buyer")
and
FIRST NATIONWIDE BANK,
A Federal Savings Bank
("Seller")
April 22, 1994
Parav j.2,the cost of Buyer's Title Insurance Policy(as definm agnph 6.2),documentary transfer taxes.
and all other costs incurred to connection with Escrow shall be borne by Seller and Buyer as customary for the
i county in which the Property is located. '
4.5 Pro= . All noodelinquent general and special Property taxa noel assessments, all exptssses
attributable to the operation and maintenance of the Property,all rentals from the Property,all utility charges and
all insurance premiums shall be prorated to Clone of Escrow on the basis of a thirty(30)day month The Property
tax proration provided for herein shall be based on the tax statement last available to Escrow Agent. Buyer shall
be solely responsible for, and shall indemnify.defend and hold Seller harmless from and against, all costs and
expenses in connection with the possession,operation, roanagement and maintenance of the Property accruing at
or after Close of Escrow and for all taxes and assessments against the Property pursuant to any annual or
supplemental tax statement issued after Close of Escrow relating to events occurring at or after Close of Escrow.
including,without limitation,any tax statement issued by the county in oomeectian with the change of ownership
occurring by reason of the purchase and sale provided for herein. Seller shall be responsible for, and shall
indemnify,defend and bold Buyer harmless from and against all taxa and assessments against the Property pursuant
to any annual or supplemental tax statement issued after Close of Escrow relating to events occurring prior to Close
of Escrow. Buyer shall use reasonable efforts to collect any rents and common arm expenses, if applicable.
attributable to the Property for the period prior to.but uncollected it,Clone of Escrow, and shall,upon receipt,
turn over to Seller any such rents and/or expenses collected. The provisions of this Paragraph 4.5 shall survive
Close of Escrow.
4.6 Security and Other Tenant De:Mts. Upon Close of Escrow, Seller shall credit Buyer with the
amount of any Security Deposits,as shown on the rent roll provided by Seller to Buyer prior to Close of Escrow.
From and after Close of Escrow,Buyer shall assume full responsibility for all such Security Deposits as if the same
had originally been delivered to Buyer. Buyer shall indemnify,defend and hold Seller harmless from and against
any and all claims relating in any manner to such Security Deposits from and after Close of Escrow. The provisions
of this Paragraph 4.6 shall survive Close of Escrow.
ARTICLE 5. DELIVERY OF DOCUMENTS.
5.1 Delivery by Seller. Buyer acknowledges that,prior to the execution of this AS t.Seller has
delivered the following documents and item to Buyer to the extant such documents and items were in the possession
of Seller,sad that Buyer has approved such documents and items. All of Arse items described in the subparagraphs
below are hereinafter collectively referred to as 'Books and Records.'
5.1.1 jAaso Agfgrneny. A schedule and copies of all existing Lease, sublease, or rental
agreements relating to the Property, including the ramp of each daunt.the amount of monthly rent and
any Security Deposit.sad the commencement and termination data of each tenancy;
5.1.2 Other Contracts. Copia of all contracts or agreements affecting the Property. if any
(including,witbout limitation,laundry,landscaping,security,maintenance,management and other similar
agreemanI );
5.1.3 Operating Statements Copies of operating and expense statements for the Property for
a period equal to the lesser of(a)the period of Seller's ownership of the Property or(b)the twelve(12)
calendar months preceding the Effective Date;and
5.1.4 Environmental Revort. A copy of the Environmental Report.
5.2 Dehivery by Seller by Closing. Prior to Clow of Escrow,Seller shall deliver the following items
to Escrow Agents for recording or delivery to Buyer after Clow of Escrow, as applicable:
5.2.1 2Md. A grant deed or special warranty deed(as applicable in the state in which the Reil
PeopeRy is Located)to the Real Property, in recordable form(the'Deed');
5.2.2 Lente Assianmertt. An Assignment of Real Property Lasses and Security Deposits in the
form of Exhibit'B' hetero relating to the Leases specified in Paragraph 2.2;
5.2.3 'Bill of Sale. A Bill of Sale in the form of Exhibit 'C' bereto relating.to the Personal
Property specified in Paragraph 2.1.4;
5.2.4 Assignme:at of Contracts. An Assigensent of Contracts and Warranties in the form of
Exhibit'D'hereto relating to the contracts and other instruments specified in Paragraph 2.3.
5.2.5 Tax Affidavit. Seller's affidavit,executed tinder penalty of perjury, including Seller s
United States Taxpayer Identification Number,stating that Seller is not a foreign petaw,as required under
Internal Revenue Code Section 1445(bX2)and California Revenue and Taxation Coda Sections 19805(a)(:
and 26131(sX2)or other equivalent applicable state statutes;and
u%ALAMO%P seaw.oxer_-^r:m 3 wrruL _
WEISSBURG AND ARONSON . INC.
111 ROSCRT J.GERST LAWRENCE C.CO ATTORNEYS AT LAW LOS ANGELES OFFICE
I ROBERTA,KLEIN MARKT SCNICBLE 402 WEST BROAOWAY. 23RD FLOOR
PETER ARONSON ROBERT C.LEVENTMAL 32ND FLOOR TWO CENTURY PLAZA
SAN DIEGO. CALIFORNIA 92101.3542 2040 CENTURY PARK EAST
CARL wD1SSwR0 ALRMT FERGUSON, 2040 1619) 234-6636
V� RICHARD A BLACKER WIRY L MARSHALL LOS ANGELES,CALIFORNIA 90067.3271
• MARK S.WINDISCM CLARE RICMARDSON FACSIMILE (619) 234.3610 T
CLC P..ON[ :]IDI 277-2223
J MAMK WAKMAN CAROL ISACKSON FACSIMILE 13101 557-6.75
CARL M MITCNNCR PAUL GUSTAV NEUMANN
406[RT D SEVCLL JAMES N GOOCS SACRAMENTO OFFICE
41Cw ARO F SCIDCN DOROTN♦J STCRMCNS
MAgK A KA021[L9K1 ;NGC pRG C P[NNER 770 L STREET SUITE 1030
GREGORY W MCCLUME GARY D KOCM,MO
GCOPGE L.ROOT JR MARK C REAGAN October 25 1994 SACRAMENTO.-C1011CALIFORNIA ]323
JAMES R KALI AS ELIZASETM R BUIKEMA-ISON 7 TELEPHONE Ifl161--3-0005
MCS F O[APY wARGAR[T S RCYNOLD! FACSIMILE 19161 4.3-i2.0
MARGARET M MANNING Sw LCY J `F—C
AICMARO M ALBERT M LEC DICKINSON SAN FRANCISCO OFFICE
CHARLES J '-SC. REBECCA J KURLAND
4ALPM B KOSTANT TMOMAS A DOLAN SSS CALIFORNIA STREET SUITE 2.00
LAURENCE R ARNOLD wOWARD COMEN SAN FRANCISCO CALIFORNIA flal0.-;337
ANITA O LCC JOMN M wOGAN TELEPHONE 141111 434.448A
SAMUEL F MOFFMAN JONATMON C CONN FACSIMILE ;4131 434-4607
THOMAS L DRISCOLL FLORENCE r CAMERON
JONATHAN M LINOCKE STEVEN J SIMCRLEIN
C DARRTL COROERO CKARLES B OPPENMLIM
--EJ MILLER Y B MAFCY
DENISC RODRIGUEZ REX JVLIAN B[ASCR
.RLE.R GUNNER DIANE UNG
STCPMEN W PARRISM SANDRA L.BICRMAN PILE NUMBER
4 MICNACL SCARANO.JR EVA GIORDANO
LOWELL C BROWN CMRISTOPMER E.LOVE
GPCGORY V MOSER TERM L.WAGNLR
406ERT C.GOLDSTEIN LEILA NOURANI 72073-100.040
TAMIB SMASON EDWIN N.SASAKI
DFCDUNSEL
JUGITM C SOLOMON
ROBERT JAMES CNOCRS
PERRY T CHRISTISON
FRCDCTICK MARTIN,JR
WALLACE R PECK
VIA CERa U E MAEL
RETURN RECEIPT REQUESTED
Mr. Rick Evia
Contra Costa County Assessor
651 Pine Street, 5th Floor
Martinez, CA 94533
Re: Exempt Status of.Program BETA Risk Management
Authority; Unsecured and Secured Property Tax Bill for
Assessor's Parcel No. 249464
Dear Mr. Evia:
This letter will confirm our telephone conversation of today wherein you
indicated that the Contra Costa Assessor's office has taken the appropriate steps to ensure
that Program BETA Risk Management Authority, the fee owner of the above-referenced
parcel, will be treated as a tax-exempt public agency. Please refer to my letter of September
15, 1994 for the appropriate statutory citations.
This will also confirm that no payments are due from Program BETA for the
above-referenced property tax bills, and that no further action by Program BETA is
necessary to cancel or nullify the tax bills.
EXHIBIT 5
t VVEISSBURG AND AnCNS INC
Mr. Rick Evia
A October 25, 1994
Page 2
If the foregoing is not accurate, please notify me immediately. Thank you
very much for your cooperation and assistance in this matter.
Very truly yours,
Steven J. Simerlein
cc: Clerk of the Assessment Appeals Board
Ms. Betty Bradshaw
Mr. William Banks
Gregory V. Moser, Esq.
WS\LTRs\20W.1
WEISSBURG AND ARONSON. INC.
006COTJ GCRST LJIwR[.Ccc aO.N: ATTORNEYS AT LAW LOS ANGCLES orFICC
ROGCRT A KLEIN NARAT RC.IEBLC 402 WEST BROADWAY 23RD FLOOR
PRCR ARONION ROBERT C.LCV[NT...AL SAN DIEGO. CALIFORNIA 92101.3542 32ND FLOOR TwO C[NTJRY PLAZA
CARL wEISSBU'�R�G..r� RALh.T FERGUSO. 204*CCNTI,RT RAR.CAST
RICNAROA RL.ACHCR LARRY NAMNA L TELCRm ONE 15191 234.6055 LO!ANGclts,CALIFORNIA 60067.3271
NARK!WINDISC. CLARE RK.AR060N FACSIMILE 16191 234.3510 TCLCP.ONE 131012772323
J NA7..:WAANAN c..wx 1SACKSoN FACSIMILE 13101 5576.79
CARL. .1 Fc.NcR RAUL GUSTmcw—N
R06CRT D BCVCLL , c!N GGOU
R1C.ARD F /cIDCN 0000� , G*EP.cN! SACRAMENTO O/FICC
N.R.A 1AOZIEL3.1 I.Gc@ORO E PC..cR
5 o
GRCGOR.w ..CCLUAC ,ART D .00. ND. 770 L GTRE[T SUITE 1 4,
GEORGE L ROOT JR A.R.MC REAGAN November 22 1994 SACR TCLCPC.TG CALIIDRNIA 65615.7325
.MU R . —./ t41D.SC1.R SUIKEMA�I . ) TCLCP LIL 16161 443-6009
/ACl1M1LC 10161 5432240
...MLS/ OEART M.RGA/.CT• RtTNOLq
MARG.RCT N .AWNING B.IRL[T J FAIN[
RIC.ARO N ALBERT M LEE DIC.INSO. SAN PR.NCISCO OFF CC
GABLES J WISC. REBECCA J KUBLAND
MLR.B .OSTANT T.OMAB A 60LAP. 559 CALIFORNIA STRCCT SU"C 2400
L^uRC.CE R ARNOLD ..O."o CO.CN BAN FRANCISCO.CALIFORNIA 64104. 527
ANITA D LCE JO.N N NOGAN TEL[P.ONC 14151 434-4464
SAMUEL F NOF/MAN JoN TNON E CONN F.CSIMILE 14151 435.4507
TWONAS L DRISCOLL r,omcNcc r c .cRoN
JONAT.AN M LI.DCKE STMN J BINEALEIN
C oARRTL COROCRo CNMLES R ORR[NNcIM
WATNC J N LL[R AMT B .AJIV
OCNIIc RCORIOUt2 REX JULIAN READER
ARLEN R 0U.-CR OIANc UNG
STEP.[.W PARRISN !Amon^L 61CRMAN FILE NUMBER
R NICNACL SC.ARAN0.JR EVA OIOROANO
LOwc"C GROWN C.RIlToP.CR C.LWc
GRcoORT v Moho TCRRI L wAGN[R 7 pIO
R06RT Ec GOLOlT[I. LC1LAWIN NOV RANI /2V 13-100.OT
T.MI S $Ak.&ON EDN S.&-1M
OF ODU.on
JUD1T.E SOLO.O.I
Roar."JAMc![NDc RS
PcoW,T c.RISTISo.
FREDERICK NAR'T1N.JR
WALLACC R PCCK
Ms. Carol Miller
Contra Costa County
Auditor/Controller's Office
625 Court Street, Room 103
Martinez, CA 94553
Re: Refund of Provertv Taxes on Parcel No. 198-061-005
Dear Ms. Miller:
As you know, this firm represents Program BETA Risk Management
Authority, a California Joint Powers Authority. Program BETA is a public agency formed
to pool the self-insured risks of its public hospital district members. It is listed on the roster
of public agencies maintained by the Secretary of State. I am informed that the Assessor's
Office has a copy of this listing.
I have enclosed a copy of the recorded deed that shows Program BETA
assumed ownership of the above-referenced parcel on April 27, 1994. Also enclosed is a
copy of the preliminary change of ownership report filed by Program BETA, and copies of
previous correspondence from this office to Mr. Evia of the Assessor's Office. The letters
to Mr..Evia confirm that taxes are to be cancelled for this property.
EXHIBIT 6
WE1559URG AND ARONSc INC.
r
Ms. Carol Miller
November 22, 1994
Page 2
Program BETA has paid taxes through escrow for the period April 27, 1994
through July 1, 1994 in the amount of$3592.96. As Program BETA enjoys tax-exempt
status as a public agency, we are writing to request that these taxes be cancelled and
refunded to Program BETA as soon as possible. Please mail the refund check to the above
address in care of the undersigned.
If there is further documentation you require, or you have any questions,
please do not hesitate to call.
Very truly yours,
Steven J. Simerlein
Enclosures
cc: Ms. Betty Bradshaw
Mr. Tom Wander
Gregory V. Moser, Esq. (w/o encl.)
SMLTU%nM.t
f J
t' o All So?A r.np,tf '2 4t role occt>•yknt yo rfrd.v
I�trr;f. hAHAHY CiiANGt? 01-' Nr_nSinP nCt'Oi1T
Ito be Com toted rof traatttfes Uu m for to transtat at sub OrolsattY Mcwti+nra MIB, ~"coat +170.3 G
of ii+e J ovenun a lasivou" t;athl, P+eliminaly Change 04 C)"Itship tinf,rtN must be tiled wllh eact* t V,
eoAversnen In ,hs County rleee»drN•s elite• for tq taunts whmot the ptorlettr Is located; tAfA particular loran A
114 44404 it, all SO coentlgs of CnN(orms
TMs PFPOAT fe NOT A PUGLIC VocVustir J
.;Fl t.Fll/tt1A�i5FL•ROI1: FIRST NATIONWIDE BANK, A FEDERAL SAVINGS BANK
0I3(le
061
1
61-003 and98- - -490)
81fYEIVtnAtisi ft'tirt::__- PROGRAM BETA RISK MANAGEMENT AI)TUORLTY, A CALIFORNt: JOINT POWiiRS AUIRPR1
A55L•SSOR',, PAn<;EL t�tUMOCtt(,,) 198-0 ,
PnoPIa1 FY A00r r-Ss 011 LOCA I IOPI• 1.443 DANVILLFr, rusn. , ALAW, CA
MA 11. TAX INFOIIMA PION TO: N;trnn PROGRAM BETA
Adclrtess 100 PRINGLE AVE. 0233 --
_ yAIJ211 CRUA. QA 94596_ _.
HOtiCC: A Ilar, tw propo,ly rlaass +topties b you# troM
op" ,t eeh I o1 eget,yen tet tae talestie
ow;"q in , follow%»9 11-0-jug,
ren., 00y I rl.0ug,
June :10. One-half of these taws is due November 1, and ong•haoi is dug February 1, The Mit inttasmt,nt beeetnns 1041"411411 Ott OecaToet t0
and the teeond Inftaftn4M bocottiet delinquent an April to. Bras Iola bit Is matted before November i to the owvwf of retold. W 11119 111A"S"'r
occuna Altten MARCtf r AND oto on OFFnne DECEMOCII 2f, Vov IWAY•6E n01"01"fsroLE ion Tom Srco,10 it►SfAll.iltr-ur of
TAWER oUK rEAttullny t,
The pieptoy which you acquired fnny be subioct to a suppfelman/af assesfle+rtnf M an amount in b• Jolerrnlrted by Ihwrcytt,
County Assessor. For lurlhst lnlorrnallor/ OA rout supple,ngnfal toil obligation, ple,so call utm Qtrg_Q Counly Assesim
at 31'0 313-74ou r
i+AtIT 1: TnAPISFEtt monMATiOt,l ploas i Anawar all qui skRis.
v[s tin
O 0 A. is Ih?t tranniat solely Italwosn husband and vflfs(Addition of a spouse. d9allt of A spnusit, divorce 904110111,1111, etc 17
O U ft. is lids lransactlun only a coffor:tion of it$* natng(s) of rho porsot+(s) holdirKf itUw Io ih�'lt�pp,rrly (pot esaantrin. a
name f-IIA 41 ulfon mattlaye)?
U U C. is this docurnnnt started to treats. lorntinofls. or rwoottvny if inoWnt's inlntast 61 the propottyT
O O U. Is Ihis tfaneeclitrt recorded only to Create. terfftinste, of reconvey s security interest (e.q. 000gnor)7
O O E. is this documgtH ternfdsd to substliule 'a imsles vedef a doed III Gust. aloligaga, of 011ie/ stroller dae:a"�v��t T
O t] F. Old 1149 Iranafor tasult in the ceflaffest of a Joint tonality in which ihn sellar (Iratnstryeaf) remains ns one of Ihv joint
tenanit� '
tJ 0 (3. Ooes this leansfor rolurn pnipsfty to the peesoo who crngtAd Ilia, Will tonnney (vefginai Italtttelor))
14. Is Ihit Iranslee of rrapotty.
0 O t. to a I0,11:1 for thv benefit of the gtnnW. or gtaniat's :nous+?
tJ O 2. to a frust rovacob►s by the itsnslrtror7
U C3 1. to a trust item which the ptuo9f/y tevetis to Ihs gram", wllhitt 11 Yeats?
1990 O 1, It this propeny Is sub+oct in s lease, is Ohs rernahling lasso farm 35 Vests or mWon }1 49 °pha
one, '1 to
O O J. It title a tronsisr leaf" paf.nto to childrs t of it" child .rit. to persnts7 parte -a
O O K. is this transaction to leptaco a principal fasldence by a poirson 53 yon•q o1 nger of oldet9
O f3 L. it tills temnsectbn fit replete s ptkw;paf tssWome by A person wltrt is savotely di-sabled as dollrind by 114votiun -Incl
Code Srtetion 09.57
a you cltnckad yes to J. K. of L. on applicable CIMm fem must bot iffed with Ilm Covnly 'Alsomm,
rihase ptnvido any ollim intarnts(lun that would heft! the Ass+aW to undr!tpand the AAltien of Olin transfer.
A**V=V�.To ASSsaSQL.—TF4AdSF)&1"- TS A.S09 Ota-MIY.LTNI�NOT SU9JECT'YO PR_ PEtZ RTY T-AXES
—._.SEQUI+STS REE11HD-U-n-U-n=- THEM HEM MB TAXES pREPA11j20 Y 1• 1996.,
It' YOU IIAVp ANSWLtnEt) 'YES' TO ANY OF T11E ABOVE OUESTIOi'IS EXCEPT J. X. Oft L ,PLEASE SiGN ANO UA 1I?,
OTI4EAWISC COMPLETE BALANCE Or 1`11E rOnIA.
VAnT It: OT11>CfK 111ANSRER I"FCMMATI0N
A. 0419 of Iranzlet if *that than recording date
0. Typo of transfer, i'ioass Cft4ck Apwoptlate box.
rutchas9 r] ror,,ClOsWtt 0 GNIi O Trade ctr 15201�nge t) 41,?tgojt. Sinek. or (+sti►1r•.t04; P.t:ryui; tin„
IJ CeInttacl of safe - 0a14 at Corrlfati
f� htlterlfamq •- Oele Of 0aslh U Othet: tn9ase gv,,taln: _
0 Creation of L4880 O Assignmeml of a tompA of v Lents
Oafs 19ns9 bsyan—
Wiglrlal Igrm in ye7rs (lActuding Written oltlktrls)
rlontainln49 fee. in trips (feteiuding Writlon arolims) —_
_—~—
C. Was only a parllld Mitred in the 91`000"Y t►ansfe"eldy ' 0 Yns illi No
ft ynt, indicale the nnfcsnlnq� +•�ntter►eJ
•
• SnE`rtsU Arr Sot A OACK S.2-91
RIIL'LIMMAnY CIIANGE 01: ovvNiEnst 1P nc-roIir
l Iaase antwwR, to ilia best of your lutwtiedge, nit applltialo efrosaans, sign and dater. If gm%s6ai% does nut apply, indteatn ,rink 'NRA
PANT Ila: PuncilAVII Imict! AHU TEFIMS Of SALQ -- - - _ -
A. CASII UUWN PAYMt3N r CA Value of Ttsde of Exchnnge (excluding closlreit cools) Amount s 1 ,525,C0
11 LIAyT At:EU ►N TnUSf 0 �`� ktierest (or. yours Pyneta./Mo. • f ,-,(Prin. A Inc. only) Ataount t
O fAIA O Fixed Hale U Now Loan
Q Conveneional 0 Variable@ veto U Assumed existing I.oan Salnnrsr
Q vA O All Induslvo D.T. (= Wtnt,peA) O klank or Savings f: loan+
f) <;aLvel n Loan Catried by Sailer U Fin:rtrce Company,
naiinnn Psyneont Q Yera O No No Oatw- - - Amount S
C, sECOMO nc-r.o or rntmr{g1 % irsteress for _rears. (ty•nts./Rik) _ (Fein. A Int. only) Am,st ei S
O Gank or Savings a loan U Fined nate n Now t_onn
O loan Carried by SelIer O variable Rate U Assumad Existing Loan 1110411co
941bYn Payrnsnl n Yes 0 No Ova Oslo ., Amount Is
O. OTiten FIMA►ICING: Is Darer fJwaneing involved not reared 1n (41 or (c) etbowl Q Yea U No Amourei f
Type m % hNresl Ior yea#e. Pynets.Mof. f-„ (Prtn, t InI. only)
11 (lank of $swings A Loan O 61ae4 Ride O Naw Leese
U Loan Carried by SvOet O Variable Asia 13 Assumed Existing Loan Oalnncti
gaaeon Payment U Yes O No Due 0410 Amount S,
F. IMPROVEMENT nONO O Yes O No Oulstawding 13:0artee: Antoernl f _
F. TOTAL PUnCNASE PnICIi (or acquisition price, it traded of exdlongad. Include real •stale commission 0 paid -
Total lune: A tluough 6 f 1.523,000.00
G PnUPrinfY PUnCIIASCO %k through a broker A Owed from faller O ptltar (arplain)_w
It purchased through a bolter, protide brollor's Ramo and phate number:.Mr.111l M 1'n►MY.RrTAJ_RRAYFRAf:&„(5l0)51/tj-i 700)
Pleas esPlain any spatial lesions of 11e0andnp clod any edtaf hs/wtttadon that would codify dee At asset uoderstar►d Ute ptsrehafe wic et ,red rn-.me
of I ala.
PAnT )1i: PnOhEhTY MIFOnMATION --
A. IS PCRSONAL PnOPC.nTY INCLUDED IN rt1FtC11ASE riviCE
(a'l'oe# titan a mowflheme tv*cl foe local propelly faa)1 O Yds U tlo
If yet, enter the valve e@1 die personal property inducted In the purchase tstice f - -.»._.... _.lAttaels hetnisad list of patson.sr oraoafrv;
a. i3 TRIS rnorenTY IMTEN090 AS Yom P,n1NCIPAL 11ES10E0CEl O Yet X-allo
It yes, enlar date of ocoupawq_ / 19 or intended omupanry / _ 19
uOrrttr �Oa•
YOM IN O�w
C. IYPE OF PROP(nTY TnANSFEnnliin;
0 Single-family residence O AOrk iffiral O Timeshare
O "iple•tawtily retideeeem (no. of Ynils: ) O Co,apr0terw.your.9wn O Mobilehome
x�cCerwntNdsYlnlvlblat O Condominium A Unitrgrtoved lot
O Othat (oaaCAptlen; 1
D. DOES TIM rrK)vjnTY pF1000CF; *"I*? O Yes O No CO bit dacaralitlad
V. IF ME ANSwNn TO 011Jt311014 0 1$ YES, IS Tilt; 04COAIE Ff1OM;
xm**40arfl*nl O CenUaat a Mineral Atoms Q oder — Erpfain; —.. ..._.._. .� . --F. w14AT WAS TIM CONOMON Of PnOfinTY AT THE TIME OF SALE?
0 hood 0 Avefale A Fail U poor
Enty hare,of en an attached shael.any adta6►lo.ntatien that weuh!nssist tote Assaf tae,iw determining the•alvw o!tIq property suet, is , n t,hyvc.o
condition of the pier".retttktlews,eta.
!car ITttl rho 1411109ea"!to VUS. owtoct Vld complefu M it* best of my,Arrowledge and 04601. 1�
AF
y,N Y
1' 0a lo
flow Owmtk<*Aoortat0 oartGfa
Please Prier Na.rse oI ahlsaaf?tessbll►Corprary Wlicesr 7 tto It 13 5 "-'l
rrireete Ilea/lief .tI►eye rev at* aysilaClo hoot 0:00 a.m. -5.00 p in. (S/L) liLl-Auez-4-
(IIDTC: life Aaaesaor n►of, Contact you for Ivtihel (wiurrwailew)
If a doawnenl eeetdenting a Change 01 41""no #ship is presented to deo recorder fa lacta#darion without the conparenl iilim) of a r
<hartga of owrtwrsltip repos, the foterdor may ch 90 an additional recording toe of fwonfy tteNaft 15201.
90' d S00' ON tial: lot 76 £0 AQN z09S-££0--OTS-T : 131
BILL NO. PARCEL NO. SUFF AX RATE AREA
94-161011-1 198-061-005-7 00 66015
CORTAC DATA 10
DETACH THE BAR CODED COUPO z FIRSTINSTALLMENI
& MAIL WITH YOUR PAYMENT a1771770 SECURED PROPERTY TAX BILL DELINOV. 1,A TER 1994
4 DELINQUENT BILL DEC. 10, 1994 5:00 P
DUE NOV. 1, 1994 z Contra
DELINQUENT AFTER N COStQ
DEC. 10, 1994 5:00 PM COUfIt)/
W FISCAL YEAR
JULY 11 1994
TO JUN 30, 1995 94161011100009280700
PROGRAM BETA RISK MANAGEME -D RETURN THIS PORTION
100 PRINGLE AVE #233 <MAKE CHECKS PAYABLE TO: PAY AMOJ3RT HOWN BELO
WITH PAYMENT
WALNUT CREEK CA 94596 m ALFRED P.LOMELI $9280.70
Z Ta:collector not responsible it paid on TAX COLLECTOR
i wrong parcel.Your cancelled check is P.O.BOX 631
MART NEZ,CA 9<S53
your receipt.
1
l V.-Iltl zI �L?'=ta ( L?illl tj,_'.�.�1a t Li1'l?<<t SECURED PROPERTY TAX BILL
_ ? t FISCAL YEAR
�Iri ,
1994-9S (JULY 1, 1994 TO JUNE 30, 199
—BILL NUMBER A R PARCEL N M R(APNI I SUFF ITAXRATEAREA I TAX AGENT
94-161011 198-061-005-7 1 00 1 66015
ASSESSEE REMARKS: � /
AS OF V d� 7
MARCH 1, 1994 FIRST NATIONWIDE BANK
SITUS: 1443 DANVILLE BLVD �J
fi/C
ALAMO om /
PROPERTY DESCRIPTION: POR RO SAN RAMON
PROPERTY TYPE FULL VALUE ** LEVIES AND BONDS AMOUNT **LEVIES AND BONDS AMOUNT
LAND 410,000 DS FED STORMWATER FLEE 72.90
fLYROVEVE':TS 1,110,000 DV MOSQUITO ABATEMENT 4.00
DX EME GENCY MED A 11.82
GE CCCSD SEWER CHG 318.72
GROSS VALUE 1,520,000 KA EASTBAY TRAILS L D 5.44
KT POLICE TAX P2ZB 54.00
L:SSEXEL%2"•:':S MR LL2 LDSCP Z36 9.36
SEE REVERSE
NET VALUE 1 ,520,nnn .
'TAX REDUCTION DUE TO STATE
FINANCED HOMEOWNER TAX
RELIEF: TOTAL LEVIES AND BONDS T7 6
$.0 OL NET VALUE X RATE=TAX TAX DESCRIPTION RATE .24
C'NNERS NAME&ADDRESS COUNTYWIDE TAX 1.0000 15 ,200 .00
CENTRAL SANITARY .0006 9. 12
PROGRAM BETA RISK MANAGEME BART .0235 357.20
EAST BAY REGNL PK .0066 100.32
100 PRINGLE AVE #233 - /` SAN RAMON UNIFIED .0481 731 .12
WAI21UT CREEK CA 94596
TOTAL RATE 1.0788
** SEE ENCLOSURE FOR INQUIRIES ADD: DELINQUENT PENALTY 343.70
REGARDING THESE LEVY CHARGES. DELINQUENT COST
LESS: PAYMENT RECEIVED
NET AMOUNT 171.717.70
r BILL NO. PARCEL NO. SUFF TAX P�" •�-•I AGENT
94-161011-2 198-061-005-7 00 66015
m CORTAC DATA 10
DETACH THE BAR CODED COUPON st=ccNo '.sTALLMEI
& MAIL WITH YOUR PAYMENT o SECURED PROPERTY TAX BILL DUE FES 1995
1771770 DELINC�t4! AFTER
� � APR. ;:. ,:95 5:00
Contra
EXHIBIT
DUE FEB. 1, 1995 z
Costa
DELINQUENT AFTER = County ,
APR. 10, 1995 5:00 PM :n
(n FISCAL YEAR
JULY 1 - _ . _ _ . _.._ _ .. ._.
SEE REVERSE SIDE FOR OTHER TO JUN1 30,1994 1995
IMPORTANT INFORMATION RETURN THIS PORTION 94 16, 1„ .01.1.2.0.00 084 3 7 0 03
= ' r
'a WITH PAYMENT MAKE CHECKS PAYABLE TO: PAY AMO' '• 9ELON'
ALFRED P.LOMELI 00
' PRO,GRWBETA 000198
/: C . .
_rt- -
PROGRAM BETA WELISFARGOBANK 0001982
RISK MANAGEMENT AUTHORITY Walnut Creek Office
A PUBLIC ENTITY 1499 North Main Street NO.
1443 DANVILLE BOULEVARD Walnut Creek CA 94598
ALAMO,CALIFORNIA 94507
11.2411210(8)
nn qq n�DATE AMOUNT
? r' '7? i ..r?\T� 01/ 20 �Q� •`ic'k�tiric'1 C� LGO . I /
Y
PAY
TO TME
ORDER - --- - -
OF
CC�__:T,DR
—A Q . ?
11100 L 98 211' I: L 2 L000 2481:0 58 5 LO 5 ?861►'
PAYMENY ORDERED 9Y P.O. 448118 COUNTY OF ►t•2��0275 FUND AyMKONSAEVOL 114
CHECK G.Py"C
►9NTRA COSTA ' ►o�e►
gal No.063635
► . , ,�. 1-31, t9 95 _
ru.40 S4 Tax Collector'S SRScial FUND,,0.831400
PAY . t•.r�7�•.T:{ i.�L ..t :•: .: l J f+•' - -DOLLARS $928.07
7O r 08317 'FOR: VC40 S1 MON FM$;AOM CA 7f 09 OSSI)E
TME program Beta Check $10,208.77
ORDER Risk Management Authority Tax 9,280.70 lst 94,95
oR 1443 Danville Blvd. , Suite #200 � 928 07(0P)
AlaTrno, CA 94507 ci#198-061-005-0ver=Pd Pen on Pen,,
044 A..1114 4 0¢PUTY COUNTY AUOMOR
II'B80L063635ii' ': 42LOCO 2461:422S 0276140
r BILL NO. PARCEL O. SUFF AX RATE AREA AGE
m NMNT
94-161016-1 198-061-013-1 0 66015
„ coRTAc�ATA.o
FIRST INSTALLMENT
DETACH THE BAR CODED COUPO D
& MAIL WITH YOUR PAYMENT a 128089 SECURED PROPERTY TAX BILL DUE NOV. 1, 1994
DELINQUENT AFTER
DELINQUENT BILL DEC. 10, 1994 5:00 P
c
DUE NOV. 1, 1994 z Contra
DELINQUENT AFTER y Costa
DEC. 10, 1994 5:00 PM 1 County
C FISCAL YEAR
JULY 11 1994
TO JUMP 30, 1995 941 61 016100000670949
ALAMO COMMUNITY CLUB "0 IRETURN THIS PORTION
C/O PROGRAM BETA RISK MANAGEME j MAKE CHECKS PAYABLE TO: PAYAMOU SHOWN BELOW'.
WITH PAYMENT
100 PRINGLE AVE #233 m ALFRED P.LOMELI
WALNUT CREEK CA 94596 Z Tax colleclornot responsible 0paid on TAX COLLECTOR $670.94
i wrong parcel.Your cancelled check is P.MARTINEZ.BOCA 94553
your recep4
l�rL�Itil`%I C,u �%I l'1Li��I lti ;! '?
i SECURED PROPERTY TAX BILL
it FISCALYEAR1994-9s c1ULv 1, 1994 TO JUNE 30, 1991
BILL NUMBER I ASSESSOR PARCEL NUMBER APN FF I TAX RATE AREA TAX AGENT
94-161016 198-061-013-1 1 00 1 66015
ASSESSEE REMARKS:
AS OF �y
MARCH t, 1994 ALAMO COMMUNITY CLUB
SITUS: SOUTH AVE
ALAMO
PROPERTY DESCRIPTION: PCL MAP 90 PG 7 PCL B
PROPERTY TYPE FULL VALUE ** LEVIES AND BONDS AMOUNT **LEVIES AND BONDS AMOUNT
LAND 76,849 DB FED STORMWATER FEE 32.28
"..=ROVEN,ENTS 26,993 DV MOS?UITO ABATEM T 4.00
; L,A:__;� DX EAE GENCY MED A 3.94
KA EASTBAY TRAILS L D 5.44
GROSS VALUE 103,842 KT POLICE TAX P2ZB 54.00
!.55 EXEIAPT,;,',S
zzz;EVEgSE
NET VALUE 103,842
'TAX REDUCTION DUE TO STATE
FINANCED HOMEOWNER TAX
RELIEF: TOTAL LEVIES AND BONDS
$ .0 OL NET VALUE X RATE=TAX TAX DESCRIPTION RATE
OWNERS NAME&ADDRESS COUNTYWIDE TAX 1.0000 1,038.42
CENTRAL SANITARY .0006 .62
ALAMO COMMUNITY CLUB BAST .0235 26.40
EAST BAY REGNL PK .0066 6.85
C/O PROGRAM BETA RISK MANAGEME SAN RAMON UNIFIED .0481 49.95
100 PRINGLE AVE #233
WALNUT CREEK CA 94596
TOTAL RATE 1.0788
** SEE ENCLOSURE FOR INQUIRIES ADD: DELINQUENT PENALTY. 60 .99
REGARDING THESE-,LEVY CHARGES. DELINQUENT COST_
LESS: PAYMENT RECEIVED
- NET=AMOUNT
1,280.89
:$ T BILL NO. PAW-ELM - - SUFE TAX RATE AREA AGENT
94-161016-2 19.8_061-011-1 00 66015
DETACH THE BAR CODED COUPON > coRTAcDATA lO _ SECOND INSTALLMEI
& MAIL WITH YOUR PAYMENT zv SECURED PROPERTY TAX BILL. DUE FEB. 1. 1995
128089 DELINQUENT AFTER
I� m APR. 10, 1995 5:00
- Contra
DUE FEB. 1, 1995 Costa
DELINQUENT AFTER = II
APR. 10, 1995 5:00 PM (ACounty i
U) FISCAL YEAR
JULY 11994
SEE REVERSE SIDE FOR OTHER TO JUNt 30, 1995 94161016200000609953
IMPORTANT INFORMATION = RETURN THIS PORTION
PAY AMOUNT S-:. N BELOW
WITH PAYMENT MAKE CHECKS PAYABLE TO: -"
< ALFRED P.LOMELI ; a . 95
PRCGRAM BETA 000198-"00198
__... T- T'_.i
- ---- ------- ---
PROGRAM BETA w>rL1.sFAxcosAxa 0001983
RISK MANAGEMENT AUTHORITY Walnut Creek Office
A PUBLIC ENTITY 1499 North Main Street
1443 DANVILLE BOULEVARD NO.
Walnut Creek CA 94596
ALAMO,CALIFORNIA 94507
11-24/1210(8)
DATE AMOUNT
Y �
'AY
01HE
)FDS _T-' _ �C.".— _
CCL .E`T'D
11800 198 ail' is 1 2 1000 2 481:0 58 5 10 5 ?8 61►'
PAYMENT ORDERED 1Y P.O. 448122 11.24/0225 • *oAl �vorwofytip
OUNTY OF FU01 CHECK
C ,jTRA COSTA "'0.101 es°�
1.146?;02'ev"I i�;, ,9 95 No.063639
M'hlnet,
7 14A* a� CUNDCO �`tlr's SD . _ial FUND NO. 83.400
Par ,. }.J.'m o t� �'? stiT3 M t €`: DOLLARS $ 67.09
TO r 08317 joR: Yob SIX AdON►Ns fAON OA YJ Of IS$V(
THE Program Beta -•j Check $738.03
ORDER Risk Management Authority Tax 670.94 1st 94-95
OF 1443 Danville Blvd. , Suite #200 (� �O(OP)
Alamo, CA 94507 Pcl�•,�98-061--013=over=Pd Pen on Pen.
Cb Attu 11160 060 C UNTY U M 0
lie 880 106 16 39iil S: 1 2 1000 2481:Et 2 25 0 2 ?9 14��'
5Q •
PkOq
OF S
Risk MwgementJAud*M
A Public Erory J U L i L.
i
April 5, 1995 ^`
i
! Contra Costa County
P.O. Box 631
Martinez, California 94553
Re: Property Taxes
Gentlemen:
Enclosed is payment for the second installment of the secured property taxes
for Parcel Nos. 198-061-005-7 and 198-061-013-1.
Because Program BETA Risk Management Authority, the fee owner of this
property, is a public agency that is exempt from taxation under the provisions
of the California Constitution and Government Code, payment is forwarded
under protest, and should not be deemed a waiver of any right to appeal the
propriety of this property tax assessment under law.
If you have any questions, please feel free to contact me or Greg Moser, our
attorney at law. His telephone number is (619) 234-6655.
Very truly yo rs,
Betty dshaw
Cont er
Program BETA
Attachments/second installment Parcels No's 198-061-005-7 and 198-061-
013-1
6'.
1443 Dan,..".e:' _leard
�.;,!e 200
�1 uno,C4;i i'-1973
(510)838-6070 RX ::ui,�,s.61k43
PROOMMPM941610112 . 04/03/95 8 ,437 . 00 8,437. 00 8;43.
TRX DESCRIPTION:" PARCEL# 198-061-005-7
7 a�
--------------
$8,437 . 00
PROGRAM BETA WELLS FAJ9Qo RAM
ROK soft. 0002529
1443 DANVLLE SOUIEVARO MkU C ak CA "M
ALAMO.CAUFORHM 94W?
oAAKXXqT
******-*.*8,437- DOLLARS AND 00 CENTS 04/04/95-.._.... $******8, 437. 00
Toren'= .. -
aim : egf ed P&o i Taa llector
on, ra os" d Count
P.O. Box 631
.:< Martinez CA 94553 NON-NEGOTIABLE
3tM00 5 290 1: 12 1000 248xO 58 5 }0 5 7§608/
U/L �.c�
SM
. .o
2530
=.y�Y
f'
941610162 04/03/95 609. 95 609. 95 609. 95
TRX DESCRIPTION: PARCEL #198-061-013-1 Pk Lot
t
------------
$609 . 95
RISKPM AARAQ�BETA AUTf1OPM Fww"�aa� 0002530
A PUBLIC VffM 1400 Nom win svw
NO.
1443 DANVILLE BOULEVARD YVWW eek GA 94M
G
ALAMO,CAUFORNU 94607
110V1210(q
DATE AMOUNT
**********609 DOLLARS AND 95 CENTS 04/04/95 $********609 . 95
PAY
TO ORAlfred P. Lomeli. Tax Collector
OM Contra Costa County
'P.O. Box 631
Martinez CA 94553 NON-NEGOTIABLE
1200 2 5 3012 I: & 21000 2 481:0 58 5 W 5 78 612
Gus S.Kramer
Contra Office of Assessor Assessor
Costa834 Court Street James D.Giacoma
Martinez,California 94553 Assistant Assessor
County FAX: (510)313-7488 valuation
Telephone: (510)313-7400 Robert E.Nash
NOTICE OF PROPOSED ESCAPE ASSESSMENT Assistant Assessor
Administration
June 21 , 1995
FIRST NATIONWIDE BANK Parcel Number: 198-061-013-1
PROGRAM BETA RISK MANAGEMENT
1443 DANVILLE BLVD #200
ALAMO CA 94507
RE: SOUTH AVE ALAMO
We have discovered an error in the valuation for the above-referenced parcel .
There has been a valuation change -asfollows ,_
YEAR OLD VALUE* . NEW:VALUE*�`_'�REASON
— R FOR;CHANGE
- -- - .
94 103,842 235,-000 Transfer_,,
*Old/new value-:. is _furl cash value - less any_aQe,licable exemptions.
This notification; is :i.nformational 'only and-does :n. -_con"stitute a tax bill. A
corrected tax bi_11 -will be issued by the Tax CoIlecto"in'the `near future.
If you are not in agreement. with this corrected valuation ;'an application for
reduction in assessment-.may be_filed with the Assessment--Appeals Board no later
than sixty (60) days.. after- the date your tax bill is mailed or- upon receipt of
a second notification-.letter.-from our office (51605, S4986.-Revenue and Taxation
Code). Appeal inquiries.should be directed to the Contra Costa County
Assessment Appeals,.Board, Administration Building, Room. 106;- 651 Pine Street,
Martinez, California;- 94553.
If we can answer any questions or be of assistance in- this matter, please call
(510) 313-7400 between 8: a.m._Nand 4 p.m. If your� inqu_iry is in writing, please
provide us with a daytime-phone number where you may be reached. .
Very truly yours,
GUS S. KRAMER, COUNTY ASSESSOR
Stephen Dawkins - Chief, Standards Division
R:B/sec c i/4038 Rev. 4/21/95
BILL NO. PARCEL NO. SUFF TAX RATE AREA AGENT
94-304151-1 198-061-013-1 1 6015
1 CORTAC DATA 10
DETACH THE BAR CODED COUPON ' FIRST INSTALLMENT
&MAIL WITH YOUR PAYMENT ^ 141494 SECURED PROPERTY TAX BILL DUE NOV. 1, 1994
DELINQUENT AFTER
CORRECTED BILL DEC. 10, 1994 5:00 PM
- I
I
Contra
DUE NOV. 1, 1994 t
DELINQUENT AFTER Costa
DEC. 10, 1994 5:00 PM County
FISCAL YEAR
JULY 1, 1994
TO JUNE 30, 1995 943041 51100000000008
FIRST NATIONWIDE BANK I RETURN THIS PORTION
PROGRAM BETA RISK MANAGEMENTMAKE CHECKS PAYABLE TO: PAY AMOUNT SHOWN BELOW
1443 DANVILLE BLVD #200 1 wITMPAYMENT
ALFRED P.LOMELI
A LAMO CA 94507 ' Tax collector not responsible if paid on TAX COLLECTOR $0 .00
1 wrong parcel.Your cancelled check is P.O.BOX 631
I your receipt. MARTINEZ,CA 94553
I
L----------------------------------------------------------------------------------
�—) L111t1-.1 L05t;1 (CL11111tU, LZIlif0r11iz1 SECURED PROPERTY TAX BILL
'
;I'{.f
re of '2.:{T:l U. 11_nutclt, �!rc;tsurrr Las l ullrrhu FISCAL YEAR 1994-95 (JULY 1, 1994 TO JUNE 30, 1995
NUMBER ASSE SOR PARCEL NMB R APN FF ITAXRATEAREA I TAX AGENT
94-304151 198-061-013-1 1 01 1 66015
ASSESSEE REMARKS: VALUE ADJUSTMENT
ASOF 06/16/95 R&T 531
MARCH1, 1994 FIRST NATIONWIDE BANK
SITUS: SOUTH AVE
ALAMO
PROPERTY DESCRIPTION: PCL MAP 90 PG 7 PCL. B
PROPERTY TYPE FULL VALUE LEVIES AND BONDS AMOUNT ** LEVIES AND.BONDS AMOUNT
LAND 210,000 DB FED STORMWATER FEE 32.28
iYPROVEIVENTS 25,000 DV MOSQUITO ABATEMENT 4.00
DX EMERGENCY MED A 3.94
KA EASTBAY TRAILS LLD 5.44 nn�C•
GROSS VALUE 235,000 KT POLICE TAX P2ZB 54.00 I�LV
LESS EXE10TiCNS ,
SEEREVERSE
NET VALUE 235,000
'TAX REDUCTION DUE TO STATE
FINANCED HOMEOWNER TAX
RELIEF: TOTAL LEVIES AND BONDS
$.00 NET VALUE X RATE=TAX TAX DESCRIPTION RATE
OVVNERSNAME&ADDRESS COUNTYWIDE TAX 1.0000 2,350 .00
CENTRAL SANITARY .0006 1 .41
BART .0235 55 .22
FIRST NATIONWIDE BANK EAST BAY REGNL PK .0066 15 .51
PROGRAM BETA RISK MANAGEMENT SAN RAMON UNIFIED .0481 113.04
1443 DANVILLE BLVD #200
ALAMO CA 94507
TOTAL RATE 1.0788 _
** SEE ENCLOSURE FOR INQUIRIES ADD: DELINQUENT PENALTY ,00 •99
REGARDING THESE LEVY CHARGES. / DELINQUENT COST
1
LESS: PAYMENT RECEIVED 130 .89
NET AMOUNT :_
r------- --- ----------------- , . 1 4.94
1 �� - =- ---------------------------
BILL NO. PARCEL NO. SUFF TAX PA-=_- i!-GENT
1v 111 - - 8-061-013-1 O1 66013_
CORTAC DATA 10
t e+ I SECOND %S'ALLNIEN
I
DETACH THE BAR CODED COUPON 1
SECURED PROPERTY TAX BILL DUE FEB :. 1995
&MAIL WITH YOUR PAYMENT ' 141494 DELINOL.'t rt AFTER
n Contra CORRECTED BILL APR. :3. aS S:00 I
l
I
DUE F 1, 1995 1 Costa
DEL
INQ NT AFTER ' Count I`
APR. 10, I
9.q 5 5:0 0 P M 1 yFISCAL YEAR
1 JULY 1, 1994
j SEE REVERSE SIDE=OTHER 1 TO JUNE 30, 1995IMPORTANT INFO1 RETURN THIS PORTION 94304151200001414943
i
MAKE CHECKS PAYABLE TOPAYAMOU'.- •FLOW
1 WITH PAYMENT : � & T
1 ALFRED P.LOMELI 34
1 Tax collector not responsible if paid on TAX COLLECTOR SEC 6�.
1 wrong parcel.Your cancelled check is P.O.BOX 631
94 your receipt. MARTINEZ.CA 94553 SEE R ;
y
CLAIM FOR WELFARE EXEMP7['ION
County of Contra Costa
Welfare Exemption
Claim for Exemption From Property Taxes Under
Sections 3, 4(b) and 5 of Article XM
of the Constitution of the State of California and
Section 214 of the Revenue and Taxation Code
Gregory V. Moser states that as General Counsel of the Program BETA Risk
Management Authority; the tax number assigned to the Authority is 249464-000; the mailing
address of which is: 1443 Danville Boulevard, Suite 200, Alamo, California 94507; that I
make this claim for welfare exemption on behalf of said organization for the 1993-1994 fiscal
year; that the owner is not organized or operated for profit; that no part of the net earnings
.of the owner inures to the benefit of any private shareholder or individual; that the proms
is used for the actual operation of the exempt activity; that the property is not used or
operated by the owner or by any other person so as to benefit any officer, trustee, director,
shareholder, member, employee, contributor, or bondholder of the owner or operator, or any
other person, through the distribution of profits, payment of excessive charges or
compensations, or the more advantageous pursuit of his business or profession; that the
property is not used by the owners or members for fraternal or lodge purposes, or for social
club purposes except where such use is clearly incidental to a primary religious, hospital,
scientific, or charitable purpose.
THIS EXEMPTION CLAIM IS A PUBLIC RECORD AND IS SUBJECT TO PUBLIC INSPECTION
I certify (or declare)under penalty of perjury under the
laws of the State of California that the foregoing and all
information hereon including any accompanying
statements or documents,is true, correct and complete to
the best of my knowledge and belief.
Dated:
Name:
Grego . Moser
Address: Weissburg and Aronson, Inc.
402 West Broadway, 23rd Floor
San Diego, California 92101
Telephone Number: (619) 234-6655
SrS\MISM9791.1 Page 1 of 3
FYH181T 8
CLAIM FOR WELFARE EXEMPTION
Information for Property Nos. 198-061-005/013
Name of Organization: Program BETA Risk Management Authority
Address of this Property: 1441 Danville Boulevard, Suite 200, Alamo, California, County of
Contra Costa. This address is not a new location.
Date Acquired: April 27, 1994
Property Description
1. Land: (See Exhibit 3 to Application)
Primary Use: Administration of Public Self-Insurance Pool and Risk Management
Programs for Local Hospital Districts
2. Buildings and Improvements: Commercial office building located at 1441 Danville
Boulevard, Suite 200, consisting of 2 floors and 10,500 square feet.
Primary Use: Administration of Public Self-Insurance Pool and Risk Management
Programs for Local Hospital Districts
3. Personal Property: Office Furnishings and Equipment
Primary Use: Administration of Public Self-Insurance Pool and Risk Management
Programs for Local Hospital Districts
Claimant is owner and operator of Property No. APN 198-061-005 and operator only of
Property No. APN 198-061-013, and claims exemption on all land, buildings and
improvements and/or personal property listed above. Alamo Community Club (APN 198-
061-013) owns the land.
A portion of the building at 1441 Danville Boulevard, including approximately 3,400 square
feet, is being leased full time by Gorelick and Bowman, a private law firm (Attachment 1).
There is no equipment or other property at this location being leased, rented, or consigned
from someone else. No portion of this property is used for living quarters for any person.
No portion of the property described herein is used to operate a store, thrift shop, or other
facility making sales to members or to the general public.
SJSU41SC\29791.1 Page 2 of 3
CLAIM FOR ARE EXEMPTION
INFORMATION ON ORGANIZATION
Claimant: Program BETA Risk Management Authority
1. Corporations
Date of Incorporation: N/A
2. Non-corporations
Date of Formation of Joint Powers Authority: July 1989
A copy of Claimant's filing with the Secretary of State is attached (Attachment 2).
3. Activities
Governmental Joint Powers Authority operates public self-insurance pool and risk
management programs for local hospital districts.
4. Indebtedness
This Claimant has.no outstanding bonds, debentures, promissory notes, or other evidence
of indebtedness issued for its overall operation.
5. Financial Statements of the Organization
Annual Report is attached (Attachment 3).
6. This Claimant is exempt from state franchise and income tax and exempt from federal
income tax because, as a local government agency, it is an instrumentality of the State of
California and not subject to taxation.
7. None of the properties for which this exemption is sought are used for activities that
produce income that is "unrelated business taxable income" as defined in Section 512 of
the Internal Revenue Code and that is subject to the tax imposed by Section 511 of the
Internal Revenue Code.
8. Salaries
Not applicable to public agencies' exempt status.
9. Prior Filings
This organization has not filed for the welfare exemption in prior years.
STSMSM9791.1 Page 3 of 3
r?OG�AM _ETN ga 45 No .C24 � .C2
OMCE BUIMING LEASF,
This OFFICE BUILDING LEASE (*I&a is made and entered into as of April 6,
1994, by and between Program BETA, a California joint powers authority ("Lessor`) and
Gorelick do Bowman, a California general partnership ("Lessee`).
1. LEASE OF PREMISES.
1.1 Lessor does hereby lease to Lessee and Lessee hereby leases from
Lessor that certain office space (hereinafter "Premises") set forth in Exhibit "A" attached
hereto, said Premises being agreed, for the purpose of this Lease, to have a stipulated area of
three thousand four hundred twenty-throe (3423) square feet, which is 150 square feet less
than the total area of the Premises as calculated by the Standard Building Owners and
Managers Association Intemational (BOMA) Method of Floor Measurement for Office
Buildings, said calculation resulting in a total area of throe thousand five hundred seventy-
three (3573) square feet of rentable space. The Premises are generally located in that certain
building currently known as the IRM Building (the "Building").
1.2 Said Lease is subject to the terms, covenants and conditions herein set
forth and the Leasee covenants as a material part of the consideration for this Lease to keep
and perform each and all of said terms, covenants and conditions by it to be kept and
performed and that this Lease is made upon the condition of said performance.
1.3 On or prior to January 1, 1995, Lessee shall enter into possession of
the additional space in the IRM Building set forth in Exhibit "B" attached hereto (the
"Additional Premises"),, provided, however, that Lessee may enter into possession of the
Additional Premises prior to January 1, 1995, following thirty (30) days prior written notice
to Lessor. IMe stipulated rentable space of the Additional Premises for purposes of Lessee's
payment of rent under Section 3.3 below shall be ninety-six percent (96%) of the total
rentable space calculated by the Standard Building Owners and Managers Association
International (BOMA) Method of Floor Measurement for Office Buildings.
1.4 When Lessee exercises its rights under Section 1.3 above, the term
"Premises" shall generally include "Additional Premises` unless otherwise specified.
2. TERM.
2.1 The term of this Lease shall commence on or about the day on which
Lessor succeeds to the fee simple ownership interest in the Building (the "Commencement
Date"), and shall end on June 30, 1998, unless earlier terminated by Lessee as provided
hereunder. This Lease is expressly made contingent on said acquisition of the Building by
Lessor.
2.2 Following the passage of two years from the Commencement Date,
Lessee may terminate this Lease upon six (6) months prior written notice to Lessor if, in the
sole and absolute discretion of Lessee, Lessee will require additional space.
3. RENT.
3.1 BUic Monthly Rental for the Premises. Throughout the term of this
Lease, Lessee shall pay in lawful money of the United States to Lessor, rent for the
Premises, without deduction or offset, prior notice or demand, in advance, on the fust (1st)
day of each calendar month the sum of five thousand eight hundred nineteen dollars and ten
cents (55,819.10), together with any increases as hereinafter provided in Section 3.4. The
first month's rent is payable upon execution of this Lease. if the commencement date is
other than the first (1st) day of a calendar month, the rent payable hereunder shaU be
prorated on a daily basis and the rent for the partial month following the commencement date
shall be payable on the first (1st) day of the second full calendar month of the Lease,
s1sUIASRU61W.)
ATTACHMENT 1
P20GRPM EETP ?Ln lE c4 1 . 46 No
together with the regular monthly installment then due. All payments requiring proration
shall be prorated on the basis of a thirty (30) day month.
3,2 Security sit. From the funds deposited by Lessor's lender First
Nationwide Bank into the escrow opened by Lessor to purchase the Building, Lessee shall
receive a credit of ten thousand one hundred twenty-eight dollars ($10,128) upon the
effective date of this lease, to be used by Lessor as security for the faithful performance by
Lessee of all of the terms and conditions of this Lease to be kept and performed by Lessee
during the term hereof. Said deposit shall earn five percent (5%) simple interest per annum.
If at any time during the term hereof, Lessee shall be in default in payment of rent or
payment of any other sums due Lessor as and for any other purpose whatever, Lessor may
apply all or part of the security deposit for such payment. Lzwor may also apply all or part
of the security deposit to repair damages to the Premises during or upon the termination of
the tenancy created by this I.ease, reasonable wear and tear excepted. If Lessee is not in
default at the termination of this Lease, Lessor shall return the deposit, including amounts
earned as simple interest, to Lessee.
3.3 Rent for Additional Premises. Upon entering into possession of the
Additional Premises, throughout the balance of the term of this Lease, Lessee*shall pay in
lawful money of the United States to Lessor, rent for the Additional Premises, without
deduction or offset, prior notice or demand, in advance, in the manner specified by section
3.1 above, an additional sum of money calculated at the rate of one dollar and seventy cents
($1.70) per rentable square foot of the Additional Premises as determined under Section 1.3
above, together with any increases as hereinafter provided in Section 3.4. The sum payable
under this Section 3.3 is payable in the same manner as the basic monthly rental sum for the
premises as sat forth in Section 3.1 above.
3.4 Rent,Adiustment. Effective January 1, 1995, and for each year
thereafter for the balance of the term of this Lease, the monthly rental shall be subject to an
adjustment based upon the following formula: A = B x C/D where A - adjusted rent, B =
current rent, C - Consumer Price Index for All Urban Consumers (All Items) figure for the
San Francisco Bay Area (base year = 1982-84 = 100), as of the first (lst) day of each
adjustment period of the term hereof as determined by the United States Department of
Labor Statistics, and D = such Consumer Price Index figures as of the Lease date per
section one hereof; provided, however, that any such increase shall not exceed five percent
(5%). Notwithstanding the foregoing, there shall be no adjustment in the amounts due under
Sections 3.1 and 3.3 for the balance of the Lease term commencing January 1, 1998.
Should said Bureau discontinue the publication of this All Urban Consumers
Consumer Price Index, then the computation of the adjustment of rent during each period
shall be the one said Bureau designates as providing the most accurate comparison with the
consumer prices for each period of the original term of this Lease. If no such index is in
existence, then Lessor shall use other reasonable means to determine any increase in the cost
of living and the basic monthly rent shall be adjusted accordingly. In no event shall the basic
monthly rent hereunder at any time be less than the amount set forth in Sections 3.1 and 3.3
hereof.
3.5 Rent CMdit. Upon the effective date of this Lease, Lessee shall receive
a credit of three thousand eighty dollars and seventy cents ($3,090.70) as prepaid rent; said
sum shall apply as a credit toward any payment due from Lessee under Section 3.1 above.
4. U2. Lessee shall use the Premises for general law office purposes and shall
not use or permit the Premises to be used for any other purpose without the prior written
consent of Lessor. Lessee shall not do or permit anything to be done in or about the
Premises nor bring or keep anything therein which will in any way increase the existing rate
of or affect any fire or other insurance upon the building or any of its contents, or cause
cancellation of any insurance policy covering said building or any part thereof or any of its
contents. Lessee shall not do or permit anything to be done in or about the Premises which
will in any way obstruct or interfere with the rights of other tenants or occupants of the
building or injure or annoy them or use or allow the Premises to be used for any improper,
immoral, unlawful, or objectionable purpose, nor shall Lessee cause, maintain or permit any
USUZAM16191.3 Z
FFOG��M Lit + N1 tL Jon 16 '4
nuisance in, on or about the Premises. Lessee shall not commit or suffer to be committed
any waste in or upon the Premises. The provisions of this section 4 are for the benefit of
Lessor only and are not, nor shall they be construed to be, for the benefit of any tenant or
occupant of the Building. Nothing in this Lease shall be construed to permit or limit Lessor
from using or leasing a portion of the building, development or project, of which the
Premises are a part, or any property owned or controlled by Lessor for any lawful purpose,
though in direct compeddon with Lessee.
S. COMPLIANCE WITH_ LAW. Lessee shall not use the Premises or permit
any thing to be done in or about the Premises which will in any way conflict with any law,
statutes, ordinance or governmental rule or regulation now in force or which may hereafter
be enacted or promulgated. Lessee shall, at its sole cost and expense, promptly comply with
all laws, statute, ordinances and governmental rules, regulations or requirements now in
force or which may hereafter be in force, and with the requirements of any board of fire
insurance underwriters or other similar bodies now or hereafter constituted, relating to, or
affecting the condition, use or occupancy of the Premises, excluding structural changes not
related to or affected by Lessee's improvements or acts. The judgment of any court of
competent jurisdiction or the admission of Lessee in any action against Lessee, whether
Lessor be a party thereto or not, that Lessee has violated any law, statute, ordinance or
governmental rule, regulation or requirement, shall be conclusive of that fact as between the
Lessor and Lessee.
6. ALTO S AND DL)MONS.
6.1 Lessee shall not make or suffer to be made any alterations, additions or
improvements to or of the Premises or any part thereof without the written consent of Lessor
first had and obtained which shall not be unreasonably withheld, and any alterations,
additions or improvements to or of said Premises, including, but not limited to, wall
covering, paneling and built-in cabinet work (excluding any bookcases installed by Lessee
bolted or affixed to the walls or other permanent portion of the Premises, and in place as of
the Commencement Date of this Lease), but excepting movable furniture and trade fixtures,
shall on the expiration of the term become a part of the realty and belong to the Lessor and
shall be surrendered with the Premises. Subject to the provisions of Section 6.3 below, in
the event Lessor consents to the making of any alterations, additions or improvements to the
Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense,
and any contractor or person selocted by Lessee to make the same must first be approved of
in writing by lessor.
6.2 Any such alterations, additions or improvements made by Lessee shall
be performed in accordance with all applicable laws, ordinances and codes, and in a first
class workmanlike manner, and shall not weaken or impair the structural strength, or lessen
the value, of the Building. Lessee shall contract with a contractor approved by Lessor for
the construction of such alterations, additions or improvements; file for and secure any
necessary permits or approvals from all governmental departments or authorities having
jurisdiction, and any utility company having an interest therein; and shall complete such
alterations, additions or improvements with due diligence in compliance with plans and
specifications approved by Lessor. Lessor shall not commence the making of any approved
alteration, addition or improvement until after lessor shall have received at least ten (10)
business days' prior written notice of the commencement date thereof, in order that Lessor
may post and record any appropriate "Notice of Non-Responsibility." Lessor shall have the
right at any time to post and maintain on the Premises such notices as Lessor reasonably
deems necessary to protect Lessor and the Premises from stop notices, mechanic's liens,
material men's liens, or any other liens. All such construction shall be performed in a
manner which will not interfere with the quiet enjoyment of other tenants of the Building.
Lessee agrees to keep the Premises and the project free and clear of all stop notices or
mechanic's liens which may result from construction by Lessee. Should any stop notice,
mechanic's lien or other lien be filed against the Premises, Building or any part thereof by
pcason of Lessee's acts or omissions or because of a claim against Lessee, Lessee shall cause
the same to be cancelled and discharged by bond or otherwise within ten (10) business days
aftrr notice by Lessor. Lessee hereby agrees to indemnify and hold Lessor harmless and any
lender of Lessor holding a security interest in the Premises or Building against any loss,
3 -
I
pRprpFM HETP TEL : 17510-033-5607 ?un 16 94 _3 :47 Nc , �24 P .'+5
damage, attorneys' fees, and all other expenses on account of stop notices or claims of lien
Of laboren or material mean or others for work performed or materials or supplies furnished
for Lessee or persons claiming under it.
6.3— Lessee shall pay all costs and expenses for any alterations, additions or
improvements undertaken by Lessee on the Premises and previously approved by Lessor;
provided, however, that upon the close of Lessor's escrow on the purchase of the Building,
Lessee shall receive a tenant improvement credit from disbursement out of the proceeds of
the escrow in the total amount of twenty thousand dollars ($20,000) (the `Credit") in
accordance with the provisions of this Section 6.3.
(a) Not less than one-half of the Credit ($10,000) shall be credited
toward Les.4ee's construction of permanent improvements to the Premises hereunder. Said
improvements shall be completed by Lessee not later than January 1, 1997, and shall be
documented by the presentation of invoices covering construction and other costs for the
improvements by Lessee to Lessor, or other documentation reasonably satisfactory to Lessor,
within thirty (30) days of completion of the work for construction of the permanent
improvements. Failure by Lessee to present invoices or other documentation hereunder shall
entitle Lessor to treat any improvement lacking such invoice or documentation as not having
been completed for purposes of Section 6.3(b) below. The remaining portion of the Credit
($10,000) may be utilized by Lessee for any purpose whatsoever, in the sole and absolute
discretion of Leasee.
(b) Should Lessee terminate this Lease prior to the end of its term
under the provisions of Section 2.2 above, without having expended ten thousand dollars
($10,000) to complete the permanent improvements to the Premises under Section 6.3(a)
above, L.easor shall be entitled to withhold from Lessee's security deposit under Section 3.2
above an amount equal to the difference between Lessee's actual expenditures in constructing
said permanent improvements, as documented under Section 6.3(a) above, and the sum of ten
thousand dollars ($10,000).
7. Bi3PAIRS.
7.1 By taking possession of the Premises, Lessee shall be deemed to have
accepted the Premises as being in good and sanitary order, condition and repair. Lessee
shall, at Lessee's sok cost and expense, keep the Premises and every part thereof (including
glass) in good condition and repair, damage thereto from causes beyond the control of Lessee
(and not caused by any act or omission of Lessee's agents, officers, employees, contractors,
servants, invitees or guests) and ordinary wear and tear excepted. Lessee shall, upon the
expiration or sooner termination of this Lease, surrender the Premises to the Lessor in good
condition, ordinary wear and tear and damage from causes beyond the control of Lessee (and
not caused by any act or omission of Lessee's agents, officers, employees, contractors,
servants, invitees or guests) excepted. Except as specifically provided in an addendum, if
any, to this Lease, L.essor'shali have no obligation whatsoever to alter, remodel, improve,
repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that
Lessor has made no representations to Lessee respecting the condition of the Premises or the
Building except as specifically herein set forth.
7.2 Notwithstanding the provisions of Section 7.1 above, Lessor shall
repair and maintain the structural portions of the Building, including the basic plumbing, air
conditioning, heating, and electrical systems installed or furnished by Lessor, at Lessor's sole
cost and expense, unless such maintenance or repairs are caused in part or in whole by a
willful or intentional act of the Lessee, its agents, officers, employees, contractors, servants,
invitees or guest, in which case Lessee shall promptly pay to Lessor the reasonable cost of
such maintenance or repairs. Lessor shall not be liable for any failure to make any such
repairs or to perform any maintenance for which lessor is responsible as provided above
unless such failure shall persist for an unreasonable time after the written notice of the need
of such repairs or maintenance is given to Lessor by Lessee and is due solely to causes
within Lessor's reasonable control. There shall be no abatement of rent, and in any event
there shall be no liability of Lessor by reason of any injury to or interference with Lessee's
business arising from the making of any repairs, alterations or improvements in or to any
s►MI.nAMMU-3 - 4 .
PROGRAM EE?A -.L : 1-51C-933-Sc,C1.,n lE S4 15? :48 No .02a C6
portion of the Building or the Premises or in or to fixtures, appurtenances and equipment
therein. Lessee waives the right to make repairs at Lessor's expense under any law, statute
or ordinance now or hereafter in effect. Lessee hereby agrees to promptly reimburse Lessor
for repairs to the premises, to the Building or its fixtures, appurtenances or equipment made
necessary by movatg property of Lessee into or out of the Building or by the installation of
any furnishings or equipment of Lessee. Lessee's servants, employees, agents, invitees,
visitors or licensees shall be deemed to be under the sole responsibility for Leasee for the
above purposes. Lessor reserves the right to stop service of the elevator, plumbing, heating,
ventilating, air conditioning, electric systems, when necessary, by reason of accident,
emergency, or of repairs, alterations or improvements, when in the judgment of Lessor it is
desirable to necessary to be made and until such repairs, alterations or improvements shall
have been completed. Further, Lessor shall have no responsibility or liability for failure to
repair elevator facilities or plumbing, heating, ventilating, air conditioning or electric service
when prevented from doing so by strike, emergency, accident or by any cause beyond
Lessor's reasonable control, or by laws, rules, orders, ordinances, directions, regulations or
requirement of any federal, state, county or municipal authority, or failure of electricity, gas,
or other suitable fuel supply or inability by exercise of reasonable diligence to obtain
electricity, gas or other fuel. It is expressly understood and agreed that any covenants on
Lessor's part to furnish any service pursuant to any of the terms, covenants, conditions,
provisions or agreements of this Lease, or to perform any other thing for the benefit of
Les.9ee, shall not be deemed breached if Lessor is unable to furnish or perform the same by
virtue of a stMw or labor trouble of any other cause whatsoever beyond Lessor's control.
S. j=. Lessee shall keep the Premises and the property in which the
Premises are situated free from any and all mechanics', materialmen's and other liens, and
claims thereof arising out of any work performed, materials famished or obligations incurred
by or for Lessee. Lessor may require, at Lessor's sole option, that Lessee shall provide to
Lessor at Lessee's sole cost and expense a lien and completion bond, or its equivalent, in an
amount equal to one and one-half(1-1/2) times any and all estimated costs of any
improvements additions or alterations of or to the Premises, to insure Lcssor against any
liability for stop notices or mechanics' and materialmen's liens and to insure completion of
the work. A nonpayment of work by Lessee giving cause to a lien or stop notice shall be
equivalent to and constitute the nonpayment of rent hereunder.
9. . Lessee shall not mortgage, pledge,
hypothecate or encumber this Lease or any interest.therein. Lessee shall not assign this
Lease or sublet, or suffer any other person (the agents and servants of Lessee excepted) to
occupy or use, the premises, or any part thereof, or any right or privilege appunamt
thereto without the prior written consent of Lessor first had and obtained, which consent
shall not be unreasonably withheld. Lessor's consent to one assignment or subletting shall
not be deemed to be a consent to any subsequent assignment or subletting, not shalt Lessor's
consent release Lessee from any of its obligations under this Lease unless such consent
expressly so provides. Any assignment, subletting occupation or use without the consent of
Lessor shall be void, and at the option of Lessor, shall terminate this Lease.
10. HOLD KA_R - M .
10.1 Lessee shall indemnify and hold Lessor harmless from and against any
and all claims arising out of (1) Lessee's use of the Premises or any part thereof for the
conduct of its business, or (Z) any activity, work or other thing done, permitted or suffered
by the Lessee in or about the Building or the Premises, or any part thereof, or (3) any breach
or default in the performance of any obligation on Lessee's part to be performed under the
terms of this Lease, or (4) any act or negligences of the Lessee, or any officer, agent,
employee, contractor, servant, invitee or guest of Lessee, and in each can from and against
any and all damages, losses, liabilities, lawsuits, judgments, and costs and expenses
(including without limitation reasonable attorneys' fees) arising in connection with any such
claim or claims as described in clauses (1) through (4) above, or any action or proceeding
brought thereon. If any such action or proceeding be brought against Lessor, Lessee upon
notice from, Lessor shall defend the same at Lessee's sole expense by counsel reasonably
satisfactory to Lessor. Lessee as a material part of the consideration to Lessor hereby
assumes all risk of damage or loss to property or injury or death to persons, in, upon or
s+au.I M161%.s - 5 .
G20GRFM BETP TEL -510-a?3-=6r7 Jun 16 94 18 49 N. . 9=a F . J7
about the Premises, from any cause other than Lessor's sole negligence, and Lessee hereby
waives all claims in respect thereof against Lessor.
10.2 Lessor or its agents shall not be liable for any damage or loss to
property entrusted to employees of the Building, nor for loss or damage to any property by
theft or otherwise, nor for any injury to or death of or damage or loss to persons or property
resulting from any accident, casualty or condition occurring in or about the Building or the
Premises, or any part thereof, or any equipment, appliances or fixtures therein, or from any
other cause whatsoever, unless caused solely by the negligence of Lessor, its agents, servants
or employees. Lessor or its agents shall not be liable for interference with the light or other
incorporeal hereditaments or any loss of business by Leasee, nor shall Lessor be liable for
any latent defect in the Premises or in the Building. I.es.'ee shall give prompt written notice
to Lessor in can of fire or accidents in the Premises or in ft Building or of defects therein
or in the fixtures or equipment.
11. SUBROGATION. As long as both of their respective insurers so permit,
Lessor and Lessee hereby mutually waive their respective rights of recovery against each
other for any damages and losses insured by fire, extended coverage and other property
insurance policies existing for the benefit of the respective parties; provided, however, that
this waiver shall be applicable and in force and effect only with respect to loss or damage
occurring during such time as the waiving party's insurance policies shall contain a clause to
the effect that any such waiver shall not adversely affect or impair said policies or prejudice
the right of the waiving party to recover thereunder. Except as otherwise provided herein,
nothing in this Leese shall be deemed to release either party hereto from liability for damages
resulting from the fault or negligence of said party or its agents. Each party shall obtain any
special endorsements, if required by its insurer, to evidence compliance with the
aforementioned waiver.
12. LIABILITY INSURANCE.
12.1 Lessee shall at Lessee's expense, obtain and keep in force during the
term of this Lean a policy of comprehensive public liability insurance insuring Lessor and
Lessee against any liability arising out of the ownership, use, occupancy, maintenance, repair
or improvement of the Premises and all areal appurtenant thereto. Such insurance shall
provide single limit liability coverage of not less than five hundred thousand dollars
($500,000) per occurrence for property damage, and five hundred thousand dollars
($500,000) per occurrence for bodily injury or death of one person. Said policies shall
specifically designate Lea.9ar as an additional insured. The limits of said insurance shall not,
however, limit the liability of the Lessee hereunder, and Lessee is responsible for ensuring
that the amount of liability Insurance carried by I.essee is sufficient for Lessee's purposes.
Lessee may carry said insurance under a blanket policy, providing, however, said insurance
by Lessee shall have a Lessor's protective liability endorsement attached thereto in form and
substance satisfactory to Lessor. If Lessee shall fail to procure and maintain said insurance,
Lessor may, but shall not be required to, procure and maintain same, but at the expense of
Lessee. Insurance required hereunder shall be with a company duly licensed to transact
business in the State of California, and with companies rated A+, AAA or better in "Best's
Insurance Guide." Lessee shall deliver to Lessor prior to occupancy of the Pren ices Copies
of policies of liability insurance required herein or certificates evidencing the existence and
amounts of such insurance with evidence satisfactory to Lessor of payment of premiums. No
policy shall be cancelable or subject to reduction of coverage except after thirty (30) days'
prior written notice to Lessor.
12.2 Lessor agrees to maintain at Lessor's sole cost and expense throughout
the entire term of this Lease public liability insurance against its own liability for death or
injury to person and damage to property in the minimum amount of one million thousand
dollars (51,000,000) singlo-limit policy. Lessor agrees to procure and maintain at Lessor's
sole cost and expense throughout the entire term of this Lease a policy or policies of fire
irsutance (with an extended coverage endorsement) covering the building in which the
Premises are situated in an amount at least equal to eighty percent (80%) of the insurable
value of the building. Notwithstanding anything provided above, Lessor shall not be
required to carry fire insurance on any equipment or futures maintained by Lessee in the
uau.eUMM14.3 . 6 -
FOG�F•`1 BETE TEL : _-7�'�-y33-` !�' ?�.n i6 —4 .3 50 N� . ; :1 08
Premises at its own expense. Lessee may insure any of such fixtures or equipment at its own
expense, but in the event that it does so insure, Lessor shall have no interest in Lessee's
insurance covering the same, and hereby agrees to execute documents necessary for the
settlement of Lessee's claims under such insurance, if and to the extent that such documents
do not adversely affect Lessor's recovery under its own fire insurance policy or policies on
the Building.
13. =VICES ANp I E ITIES.
13.1 Lessor shalt provide, at Lessor's sole cost and expense, all utilities
(including, without limitation, electricity, water, gas, heat and air conditioning) and all .
building services (including, without limitation, janitorial, maintenance contracts and wage
and labor costs applicable to the persona engaged in the operation, maintenance, overhaul or
repair of the building, whether by contract or staff; provided, however, that Lessor shall
provide janitorial service five (5) days a week, holidays excepted. Lessor shall also maintain
and keep lighted during such hours the common stairs, common entries and toilet rooms in
the Building of which the Premises are a part. Lessor shall not be liable for and failure to
furnish any of the foregoing when such failure is caused by casualty, Act of Ciod, accident,
breakage, repairs, strikes, lockouts, labor disturbances or disputes, or other condition,
beyond the reasonable control of Lessor, including, without limitation any governmental
water, energy, or other conservation program. No such failure shall entitle Lessee to any
damages, relieve Lessee of the obligation to pay the full rent reserved herein or constitute or
be construed as a constructive or other eviction of Lessee. Lessor shall not be liable under
any circumstances for injury to or death of or loss or damage to persons or property or
damage to Lessee's business, however occurring, through or in connection with or incidental
to failure to furnish any of the foregoing. Wherever heat generating machines or equipment
are used in the Premises which affect the temperature otherwise maintained by the air
conditioning system, Lessor reserves the right to install supplementary air conditioning units
in the Premises.
13.2 Lessee may install, use or permit the use of any apparatus or device in
or upon the Premises, including, but without limitation thereto, electronic data processing
machines, punch card machines, and machines using in excess of 110 volts, and may connect
or permit connection with electric current or water supply lines, except (in the case of
electric current) through existing electrical outlets in the Premises, any apparatus or device
for the purpose of using electric current or water; provided, however, that if such devices or
connections shall require water or electric current in excess of that usually furnished or
supplied for the use of the Premises as general office space. Lessee shall first notify Lessor
in writing, and Lessor may cause a water meter or electric current meter to be installed in
the Premises.
14. PERSONAL PROPERTY TAS. Lessee shall pay, or cause to be paid,
before delinquency, any and all taxes levied or assessed and which become payable during
the term hereof upon all Lessee's leasehold improvements, equipment, furniture, fixtures,
and personal property located in the Premises.
15. RULES AND RF.C;+ ATIONS. Lessee shall faithfully observe and comply
with the rules and regulations that Lessor shall from time to time promulgate. Lessor
reserves the right from time to time to make all reasonable modifications to said rules. The
additions and modifications to those rules shall be binding upon Lessee upon delivery or a
copy of them to Lessee. Lessor shall not be responsible to Lessee for the nonperformance of
any said rules by any other tenants or occupants.
16. HOLDING OVER. If Lessee holds over after the term hereof, with or
without the express or implied consent of Lessor, such tenancy shall be from month to month
only, and not a renewal hereof or an extension for any further term, and in such case basic
monthly rent shall be payable at one hundred ten percent (100%) of the rate specified in
Section 3 above, and such month to month tenancy shall be otherwise subject to every other
term, covenant and agreement contained herein. Nothing contained in this Section 16 shall
be construed as consent by Lessor to any holding over by Lessee, and Lessor expressly
3r�tLESAbQ1l6tl1,3
. 7 -
.P20GRP'l HETP TEL -51 !-973-5E _ )un 16 -A .3 `1 N= . Dz P . �9
reserves the right to require L.essce to surrender possession of the Premises to Lessor upon
the expiration of the term of this Lease or other termination of this Lease.
17. ENTRY BY LF_TS4R. Lessor reserves and shall at any and all times have the
right to enter the Phemises, inspect the same, supply janitorial service and any other service
to be provided by Lessor to Lessee hereunder, to show said Premises to prospective
purchasers, mortgagees or tenants, to post notices of nonresponsibility, and to alter, improve
or re*r the Premises and any portion of the building of which the Premises are a part that
Lessor may deem necessary or desirable, without abatement of mnt, and may for such
purpose erect scaffolding and other necessary structures where reasonably required by the
character of the work to be performed, always providing that the entrance to the Premises
shall not be blocked thereby, and further providing that the business of the Lessee shall not
be interfered with unreasonably. Lessee hereby waives any claim for damages or for any
injury or inconvenience to or interference with Lessees business, any loss of occupancy or
quiet enjoyment of the Premises, and any other damage or loss occasioned thereby. For each
of the aforesaid purposes, Lessor shall at all times have and retain a key with which to
unlock all of the doors in, upon and about the Premises, excluding Lessee's vaults, safes and
files, and Lessor shall have the right to use any and all means which Lessor may deem
proper to open said doors in an emergency in order to obtain entry to the Premises, without
liability to Lessee except for any failure to exercise due care for Lessee's property under the
circumstances of each entry. Any entry to the Premises obtained by Lessor by any of said
means or otherwise shall not under any circumstanoes be construed or deemed to be a
forcible or unlawful entry into, or a detainer of, the Premises, or any eviction of Lessee
from the Premises or any portion thereof.
18. DAMAGE OR D1?STRUC17ION OF PREhUSLS OR BUILD=.
18.1 In the event the Premises or the Building of which the Premises are a
part are damaged or partially damaged by fire or other perils covered by the extended
coverage insursnce carried by Lessor for the Building, Lessor shall repair the same forthwith
provided such repairs can be made within ninety (90) days.under the laws and regulations of
state, federal, county, or municipal authorities, and this Lease shall remain in full force and
effect, except that Lessee shall be entitled to a proportionate reduction of the rent while such
repairs are being made, such proportionate reduction to be based upon the extent to which
the making of such repairs shall materially interfere with the business carried on by the
Lessee in the Premieos. If the damage is due to the fault or neglect of Lessee, or its agents,
officers, employees, contractors, servants, invitees or guests, there shall be no abatement or
rent. If such repairs cannot be made in ninety (90) days, Lessor may, at Its option, elect to
make the same by delivering written notice of its election to Lessee within thirty (30) days
after such damage or destruction occurs, and in the event Lessor so elects, this Lease shall
continue in full force and effect and the rent shall be proportionately abated as provided in
this Section 18.1.
18.2 In the event the Premises or the Building are damaged as a result of
any cause other than the perils covered by the fire and extended coverage insurance carried
by Lessor on the Building, the Lessor shall forthwith repair the same, provided the extent of
the destruction be less than thirty-three and one-third percent (33-113%) of the then full
replacement cost of the Premises or the Building of which the Premises are a part, as
applicable. In the event the destruction of the Premises or the Building is to an extent
greater than thirty-three and one-third percent (33-1!3%) of the full replacement cost thereof,
then Lessor shall have the option: (1) to repair or restore such damage, this Lease
continuing in full force and effect, but the rent to be proportionately reduced as provided in
Section 18.1 above; or (2) give notice to lessee at any time within thirty (30) days after such
damage terminating this Lease as of the date specified in such notice. In the event of giving
such notice, this Lease shall expire and all interest of the Lessee in the premises shall
terminate on the date so specified in such notice and the rent, reduced by a proportionate
amount based upon the extent, if any, to which such damage has materially interfered with
the business carried on by the Lessee in the Premises, shall be paid up to the date of such
termination.
slsu.xAM6904.3 - 8 -
PROG? �I BETE TEL _-510-�?3-�bu' ?un 16 74
A 52 N� . 324 P . 10
ti
18.3 In the event the Premises or Building are totally destroyed, or the
Premises cannot be Tutored as required herein under applicable laws and regulations,
notwithstanding the availability of insurance proceeds, this Lease shall be terminated effective
the date of the damage.
.1
18.4 Lessee expressly waives the provisions of Sections 1931[2], 1932, and
1933[4] of the California Civil Code.
19. UDpAULT. The occurrence of any one or more of the following events shall
constitute a material default and breach of this Lease by Lessee.
a. The vacating or abandonment of the Premises by Leasee.
b. The failure by Lessee to make any payment of rent or any other
payment required to be made by Lessee hereunder, as and when due, where such failure
shall continue for a period of live (5) business days after written notice thereof by Lessor to
Lessee.
C. The failure by Lessee to observe or perform any of the covenants,
conditions or provisions of this Lease to be observed or performed by the Lessee, other than
as described in paragraphs a., b., or d. of this Section 19, where such failure shall continue
for a period of thirty (30) days after written notice thereof by Lessor to Lessee; provided,
however, that if the nature of Lessee's default is such that more than thirty (30) days are
reasonably required for it curs, then Lessee shall not be deemed to be in default if Lessee
commences such cure within said thirty (30) day period and thereafter diligently prosecutes
such cure to completion, and if Lessee provides Lessor with such security as Lessor may
require to fully compensate Lessor for any loss or liability to which Lessor might be
exposed.
d. The making by Lessee of any general assignment for the benefit of
creditors; the filing by or against Lessee of a pedtion to have Lessee adjudged a bankrupt, or
a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in
the can of a petition filed against Lessee, the same is dismissed within sixty (60) days); the
appointment of a trustee or receivor to take possession of all or substantially all of Lessee's
assets located at the Prendses or of Lessee's Interest in this Lease, where possession is not
restored to Leswe. within thirty (30) days; or the attachment, execution, or other judicial or
governmental seizure of all or substantially all of Lessee's assets located at the Premises or
of Lessee's intent in this Lease, where such seizure is not discharged within thirty (30)
days. In no event shall this Lease be assigned or assignable by operation of law or by
voluntary or involuntary bankruptcy proceedings, and in no event shall this Lease or any
rights or privileges hereunder be an asset .of Lessee under any bankruptcy, insolvency or
reorganization proceedings.
20. REEF-DIES JJPON DEFAULT.
20.1 In the event of a default under Section 19.d. above, this Lease shall
terminate five (5) business days after written notice of termination from Lessor to Lessee.
20.2 In the event of any such material default or breach by Lessee, Lessor
may, at any time thereafter, with or without notice or demand, and without limiting Lessor
in the exercise of any right or remedy which Lessor may have hereunder or otherwise at law
or in equity by reason of such default or breach:
(a) Terminate this L.rase or Lessee's right to possession of the
Premises by notice to Lessee or any other lawful means, in which case this Lease shall
terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In
such event Lessor shall be entitled to recover from Lessee all unpaid installments of rent and
other sums due and owing under this Lease as of the date of Lessee's default and all damages
incurred by Lessor by mason of Lessee's default, including, but not limited to:
(1) the cost of recovering possession of the Premises;
- 9 -
(2) expenses of reletting, including necessary renovation and
alteration of the Premises, reasonable attorneys' fees, and any real estate commission actually
paid;
(3) the worth at the time of award of any unpaid rent which
has been earned a"he time of such termination; plus
(4) at Lessor's election, such other amounts in addition to or
in lieu of the foregoing as may be permitted from time to time by applicable law including
but not limited to recovery amount allowed under California Civil Code section 1951.2(x)(2).
(b) In the event Lessee shall have abandoned the Premises, Lessor
shall have the option of (a) taking possession of the Premises and recovering from Lessee the
amounts specified hereinabove, or (b) proceeding under the provisions of the following
paragraphs (ii) and/or (iv).
(c) Maintain Lessee's right to possession, in which case this Lease
shall continue in effect whether or not Lessee shall have abandoned the Premises. In such
event, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this
Lease, including without'limitation the right to recover the rent as it becomes due hereunder.
Notwithstanding any election by Lessor not to terminate this Lease or Lessee's right to
possession, and whether or not Lessor has sublet the Premises or any part thereof as
provided hereinabove, Lessor shall retain the right to and may at any time thereafter elect to
terminate this Lease or Lessee's right to possession for any default of Lessee which remains
uncured or for any subsequent default of I.esaee by giving Lessee written notice thereof.
(d) Pursue any other remedy now or hereafter available to Lessor
under the laws or judicial decisions of the State in which the premises arc located.
20.3 No entry upon or taking of possession of the Premises or any part
thereof by Lessor nor any letting or subletting thereof by Lessor for Lessee, nor any
appointment of a receiver, nor any other act of Lessor, whether acceptance of keys to the
Premises or otherwise, shall constitute or be construed as an election by Lessor to terminate
this Lease or Lessee's fight to possession of the Premises unless a written notice of such
election be given to Lessee by Lessor.
20.4 In the event Lessor elects to terminate this Lease or Lessee's right to
possession hereunder, Lessee shall surrender and vacate the Premises in broom-clean
condition, and Lessor may re-enter and take possession of the Premises and may eject all
parties in possession or eject some and not others or eject none. Any personal property of or
under the control of Lessee remaining on the Premises at the time of such re-entry may be
considered and treated by Lessor as abandoned.
20.5 Termination of this Lease or Lessee's right to possession by Lessor
shall not relieve Lessee from any liability to Lessor under any provision of this Lease
providing for any indemnification of Lessor by Lessee.
20.6 All covenants and agreements to be formed by Lessce under any of the
terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and
without any abatement to rent. If Lessee shall fail to pay any sum of money, other than rent,
required to be paid by it hereunder, or shall fail to perform any other act on its part to be
performed hereunder, and such failure shall continue for ten (10) days after notice thereof by
Lessor, Lesson may, but shall not be obligated so to do, and without waiving or releasing
Lessee from any obligations of the I essx, make any such payment or perform any such
other act on Lessee's part to be made or performed as in this Lease provided. All sums so
paid by Lessor and all necessary incidental costs, together with interest thereon at the rate of
ten percent (10%) per annum from the date of such payment by Lessor shall be payable to
Lessor on demand and Lessee covenants to pay any cash sums and Lessor shall have (in
addition to any other right or remedy of Lessor) the same rights and remedies in event of
non-payment thereof by Lessee as in the case of default by Lessee in payment of the rent.
WSU-BAsOWN-3 - 10 -
P20G FM BETS TEL 1-510-933-561Y'>
)Ln 16 94 .8 :51' Pd_ . 02a P . I )
21. EMINEW WMAIN. If all or any part of the Premises shall be taken or
appropriated by any public or quasi-public authority under power of eminent domain, either
party hereto shall have the right, at its option, to terminate this Lease, and Lessor shall be
entitled to any and all income, rent, award, or any interest therein whatsoever which may be
paid or made in connection with such public use or purpose, and Lessee shall have no claim
against Lessor for the value of any unexpired term of this Lease. If a part of the Premises
shall be so taken or appropriated and neither party hereto shall elect to terminate this Lease,
the rental thereafter to be paid shall be equably reduced. Before Lessee may terminate this
Lease by reason of or appropriation as above provided, such taking or appropriation shall be
of such an extent and nature as to substantially handicap, impede or impair Lessee's use of
the Premises.
22. OF__FFSET,SSTATEMEM, Lessee shall at any time and from time to time
upon not less than ten (10) days prior written notice from Lessor execute, acknowledge and
deliver to Lessor a statement in writing, (a) certifying that this Lease is unmodified and in
full force and effect (or, if modified, stating the nature of such modification and certifying
that this Lease as so modified is in full foroe and effort), and the date to which the rental and
other charges are paid in advance, if any, (b) acknowledging that there are not, to Lessee's
knowledge any uncured defaults on the part of the Lessor hereunder, or specifying such
defaults if any are claimed, and (c) any other matters that may be reasonably requested by
Lessor.
23. PARKING. Lessee shall have the right to use the covered parking space in
the Building adjacent to the wall. The remaining covered parking space shall be for the sole
and exclusive use of Lesm. Lessee, at its sole cost and expense, may make necessary
improvements to convert one additional parking space in the Building to a covered space,
provided Lessee undertakes such improvements in accordance with the applicable provisions
of Section 6 above; provided, however, that improvements hereunder shall not be credited to
Lessee under Section 6.3(a) above.
24. SURRENDER OF PREMISM REMOVAL OP PROPERTY.
24.1 The voluntary or other surrender of this Lease by Lessee, or a mutual
termination thereof, shall not work a merger, and shall at the option of Lessor, operate as an
assignment to it of any or all subleases or subtenancies affecting the Premises.
24.2 Under the expiration of the term of this Lease, or upon any earlier
termination of this Lease, Lessee shall quit and surrender possession of the Premises to
Lessor in as good order and condition as the same are now or hereafter may be improved by
Lessor or Lessee, reasonable weu and tear and repairs which are Lessor's obligation
excepted, and shall, without expense to Lessor, remove or cause to be removed from the
Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-
standing cabinet work, movable partitions and other articles of personal property owned by
Lessee or installed or planed by Lessee at its expense in the premises and all similar articles
of any other persons claiming under Lessee unless Lessor exercises its option to have any
subleases or subtenancies assigned to it, and Lessee shall repair all damage to the Premises
resulting from such removal.
24.3 Whenever Lessor shall renter the Premises as provided in this Lease,
any personal property of Lessee not removed by Lessee upon the expiration of the term of
this Lease (or within forty-eight (48) hours after a termination by reason of Lessee's default),
as provided in this Lease, shall be considered abandoned and Lessor may remove any or all
of such items and dispose of the same in any manner or store the same in a public warehouse
or elsewhere for the account and at the expense and risk of Lessee, and if Lessee shall fail to
pay the cost of storing any such property after it has been stored for a period of thirty (30)
days or more, Lessor may sell any or all of such property at public or private sale, in such
manner and at such times and places as Lessor, in its sole and absolute discretion, may deem
proper, with notice to, but without demand upon Lessee, for the payment of all or any part
of such charges or the removal of any such property. Lessor shall apply the proceeds of
such sale first, to the cost of or charges for storing any such property; third, to the payment
PROGR;'1 BETP TEL : 1-510-933-5607 Jun 16 94 .8 :55 N: . 324 P . i3
Of any other sums of money which may then or thereafter be due to Lessor from Lessee
under any of the tams hereof, and fourth, the balance, if any, to Lessee.
24.4 All fixtures, equipment, alterations, additions, improvements and/or
appurtenances attached to or built into the Premises prior to or during the term hereof,
whether by Lessor at its expense or at the expense of Lessee or both, shall be and remain
part of the Premises and shall not be removed by Lessee at the end of the term hereof unless
otherwise expressly provided for in this Lease or unless such removal is required by Lessor.
Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall
include, without limitation, floor coverings, drapes, paneling, molding, doors, vaults
(exclusive of vault door), plumbing systems, electrical systems, lighting systems, all fixtures
and outlets for the systems mentioned above, and any special flooring or ceiling installations.
Communication systems, alarm systems and computer network systems are specifically
excluded from the operation of this section 24.d.
25. SUBORDrNATION TO MORTCACPS AOFA.
25.1 This Lease is and shall be prior to any encumbrance which may now
exist or is recorded after the date of this Lease which affects in any way the Premises. If,
however, a lender obtained by Lessor for the purchase of the Building, or a subsequent
refinancing thereof, requires that this Lease be subordinate to any such encumbrance, this
Lease shall be subordinate to that encumbrance (provided that the encumbrance secures
payment of a loan made to Lessor and not to Lessee) and Lessee shall execute all documents
required by any such lender to subordinate this lease.
25.2 It is acknowledged and agreed that Lessor has the right to transfer
Lessor's interest in the Building, in whole or in part, to encumber Lessor's fee title, and to
assign any and all rent due hereunder. Lessee shall attom to any purchaser at any
foreclosure We, or to any grantee or transferee designated in any dead given in lieu of
foreclosure, and any grantee in an outright sale or exchange of the Building, in whole or in
part, from Lessor. In the event of such attornment, this Lease shall remain in full force and
effect so long as Lessee is not in default hereunder.
25.3 Lessee covenants and agrees to execute and deliver upon demand such
further instruments to accomplish the purposes of this section 25 as may be required by
Lessor or Lessor's lender(s); should Lessee fail to do so within ten (10) days of written
demand, Lessee bereby appoints Leasor the attorney in fact of the Lessee irrevocably to
execute and deliver any such instrument or instruments for or in the name of Lessee. Lessee
acknowledges that Lessee's failure to deliver documents as provided in this Section 25,
constitutes a default of this Lease and I.essor may exercise any of the remedies specified in
such event.
23.4 it is understood by all parties that Lessee's failure to execute the
subordination documents referred to above may cause the Lessor serious financial damage by
causing the failure of a financing or sale transaction. Leasee shall be liable for consequential
damages in the event of such failures.
26. AUTHQRITY OF PARTIPs. If Lessee is a corporation, each individual
executing this Lease on behalf of said corporation represents and warrants that he is duly
authorized to execute and deliver this Lease on behalf of said corporation, in accordance with
a duly adopted resolution of the board of directors of said corporation or in accordance with
the bylaws of said corporation, and that this Lease Is binding upon said corporation in
accordance with its terms. Lessee and any guarantor(s) agree to provide Lessor with
financial statements not more than ninety (90) days old within twenty (20) days of Lessor's
request.
27. IND_PhMPICA770N nF LMSOR. Lessor shall not be liable to Lessee and
Lessee hereby waives all claims against Lessor for any injury or damage to any person or
property in or about the Premises by or from any cause whatsoever, including latent defects
in the Building itself, and without limiting the generality of the foregoing, whether caused by
water leakage of any character from the roof, walls, basement or other portion of the
a�au.r.�teue�w -
12 -
PROGRAM BETA TEL : 1-5111-933-5607 Sun 16 94 .8 :56 Nc . D24 P . 14
Premises or the Building, or caused by gas, fine, oil, electricity or any cause whatsoever in,
on, or about the Premises or the Building, or any part thereof. To the extent of Lessee's
insurance coverage, Lessee shall indemnify, hold harmless and defend Lessor from and
against any and all claims or liability for any injury or damage to any person or property
whatsoever, occurring in, on, or about the Premises or any part thereof, whether such injury
or damage shall be- caused in part or in whole by the act, neglect, fault or omission of any
duty with respect to the same by Lessce, its agents, servants, employees, or invitees.
28. ARBIT TION.
28.1 All disputes which in any manner arise out of or relate to this Lease or
the subject matter thereof, shall be resolved exclusively by arbitration in accordance with the
provisions of this Section 28. Either party may commence arbitration by sending a written
demand for arbitration to the other party, setting forth the nature of the controversy, the
dollar amount involved, if any, the remedies sought, and attaching to such demand a copy of
this Section 28.
28.2 There shall be one arbitrator. If the parties shall fail to select a
mutually acceptable arbitrator within ten (10) days after the demand for arbitration is mailed,
then the patties stipulate to arbitration before a single arbitrator sitting on the Contra Costa
County Judicial Arbitration Mediation Services (JAMS) panel, and selected in the sole
discretion of the JAMS administrator.
28.3 The substantive law of the State of California shall be applied by the
arbitrator. The parties shall have the tights of discovery as provided for in Part 4 of the
California Code of Civil Procedure and as provided for in Section 1283.05 of said Code.
The California Code of Evidence shall apply to testimony and documents submitted to the
arbitrator.
28.4 Arbitration shall take place in Contra Costa County, California unless
the parties otherwise agree. As soon as reasonably practicable, a hearing with respect to the
dispute or matter to be resolved shall be conducted by the arbitrator. As soon as reasonably
practicable thereafter, the arbitrator shall arrive at a final decision, which shall be reduced to
writing, signed by the arbitrator and mailed to each of the parties and their legal counsel.
28.5 All decisions of the arbitrator shall be final, binding and conclusive on
the parties and :hall constitute the only method of resolving disputes or matters subject to
arbitration pursuant to this Lease. Ilse arbitrator or a court of appropriate jurisdiction may
issue a writ of execution to enforce the arbitrator's judgment. Judgment may be entered
upon such a decision in accordance with applicable law in any court having jurisdiction
thereof.
28.6 Notwithstanding the foregoing, because time is of the essence of this
Lease, the parties specifically reserve the right to seek a judicial temporary restraining order,
preliminary injunction, or other similar short term equitable relief, and grant the arbitrator
the right to make a final determination of the parties' rights, including whether to make
permanent or dissolve such court order.
28.7 Notwithstanding tha foregoing provisions requiring arbitration, these
arbitration provisions shall not apply to summary proceedings of unlawful detainer brought
by Lessor for any default by Lessee, or if Lessor elects to terminate the Lease as a result of
such default and to terminate Lessee's, right to possession thereunder.
29. GENERAL. PROVISIONS.
29.1 Waiyer. The waiver by Lessor of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or condition on
any subsequent breach of the same or any other terns, covenant or condition herein
contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be
a waiver of any preceding breach by Lessee of any term, covenant or condition of this
V- MLEAsa\1d1%.5 - 13 -
�RUVtnr•I o i r CL J1'J'7v !-JGIJ 1 G 74 v r l�
Lease, other than the failure of the tenant to pay the particular rental so accepted, regardless
of Lessors knowledge of such preceding breach at the time of the acceptance of such rent.
29.2 Notice . All notices and demands which may or arc to be required or
permitted to be given by either party to the other hereunder shall be in writing. All notices
and demands by the Lessor to the Lessee shall be sent by United States Mail, postage
prepaid, addressed to the Lessee at the Premises or to such other place as Lessee may from
time to time designate in a notice to the Lessor. All notices and demands by the Lessee to
the Lessor shall be sent by Unitod States Mail, postage prepaid, addressed to the Lessor at
the Office of the Building, or to such other person or place as the Lessor may from time to
time designate in a notice to the Lessee.
29.3 hbMinsd Reading.%. The captions and headings of this Lease are not a.
part thereof and shall have no effect upon the construction or interpretation of any part
hereof.
29.4 T.Lt11;g. Time is of the essence in the performance of each and every
provision of this Lease.
29.5 Successor and Assigns. The covenants and conditions herein
contained, subject to the provisions as to assignment, apply to and bind the heirs, successors,
executors, administrators, legal representatives and assigns of the parties hereto.
29.6 R=ordation. Neither Lessor nor Lessee shall record this Lease or a
short form or memorandum hereof without the prior written consent of the other party.
29.7 Quiet P02=91e0. Upon Lessee paying the rent reserved hereunder and
observing and performing all of the covenants, conditions and.provisions on Lessee's part to
be observed and performed hereunder, Lessee shall have quiet possession of the Premises for
the entire term hereof, subject to all the provisions of this Lease.
29.8 Late ChICges. Lessee hereby acknowledges that late payment by
Lessee to Lessor of rent or other sums due hereunder will cause Lessor to incur costs not
contemplated by this Lease, the exact amount of which are impracticable or extremely
difficult to ascertain. Such costs include, but are not limited to, processing and accounting
charges, and late charges which may be imposed upon Lessor by terms of any mortgage or
trust deed covering the Premises or any part of the real property of which the Premises are a
part. Accordingly, if any installment of rent or any other sum due from Lessee shall not be
re eived by Lessor or Lessor's designee within ten (10) days after written notice that said
amount is past due, then Lessee shall pay to Lessor, in each case, a late charge equal to ten
percent (10%) of such overdue amount. The parties hereby agree that such late charge
represents a fair and reasonable estimate of the cost that Lessor will incur by reason of late
payment by Lessee. Acceptance of any late charge by Lessor shall in no event constitute a
waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from
exercising any of its other tights and remedies hereunder.
29.9 Prior Agree. This Lease represents the complete and final
understanding of the parties hereto with respect to the subject matter covered or mentioned in
this Lease, and supersedes any prior agreements or understanding pertaining to any such
matters. This is an integrated agreement. Without limiting the generality of the foregoing,
Lessee expressly acknowledges that any purported right of first refusal held by Lessee on the
purchase of the building under the terms of a prior lease on the Premises, or any purported
right to extend the terms of any prior lease on the Premises, shall not be effective or
enforceable as to Lessor, whether under the terms of this Lease or otherwise, including,
without limitation, pursuant to the terms of any attempted or purported assignment to Lessor
by Lessor's predecessor-in-interest effected prior or subsequent to the Commencement Date.
No provision of this Lease may be amended or added to except by an agreement in writing
signed by the parties hereto or their respective successors in interest. This Lease shall not be
effective or binding on any party until fully executed by both parries hereto.
PROGRAM BETA TEL : 1 -510-973-5607 Jun 16 94 i8 57 Nc . 024 P . 16
29.10 101hilityto�. This Lease and the obligations of the Lessee
hereunder shall not be affected or impaired because the Lessor is unable to fulfill any of its
obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason
of strike, labor troubles, acts of God, or any other cause, similar or dissimilar, beyond the
reasonable control of the Lessor.
29.11 AttQrncxs'Fees, In the event of any action or proceeding, including
arbitration, brought by either party against the other under this Lease, the prevailing party
shall be entitled to recover all its costs and expenses, including without limitation the
reasonable fees of its attorneys in such action or proceeding, in such amount as the court or
arbitrator may award.
29.12 Sale of Premises by Lessor, In the event of any sale or other
conveyance of the Building, Lessor shall be and is hereby entirely freed and relieved of all
liability under any and all of its covenants and obligations contained in or derived from this
Lease arising out of any act, occurrenoe or omission occurring atter the consummation of
such sale; and the purchaser, at such sale or any subsequent sale of the Building, shall be
deemed, without any further agreement between the parties or their successors in interest or
between the parties and any such purchaser, to have assumed and agreed to carry out each
WW every of the covenants and obligations of the Lessor under this Lease. This Lease shall
not be affected by any such sale or conveyance.
29.13 N=. Lessee shall not use the name of the Building or of the
development in which the Building is situated for any purpose other than as an address of the
business to be conducted by the Lam in the Premises.
29.14 Severabilily. Any provision of this Lease which shall prove to be
invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof
and all such other provisions shall remain in full force and effect.
29.15 Cumulative Remedies. No remedy or election hereunder shall be
deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law
or in equity.
29.16 Choio of Lw. This Lease shall be governed by the laws of the State
of California.
29.17 Sian and Audons. Lessee shall not place any sign upon the Premises
.or Building or conduct any auction thereon without Lessor's prior written consent. Lessor
may, without liability, enter upon thw Premises and remove any of the foregoing affixed in
violation of this section. Lessee agrees to pay the cost of removal thereof. No other signage
shall be placed on the lower half of the monument sign from the Building without Lessee's
prior express written consent. Lessor herein agrees that the dimension of any permitted sign
on the front overhang of.the Building will not exceed a linear length of eight feet (8') or a
letter height greater than eighteen inches (18') and shall not be night-lighted.
Notwithstanding anything in the foregoing, Lessee may maintain its current signage in place.
29.18 Gender and Number. Wherever the content so requires, each gender
shall include any other gender, and the singular number shall include the plural and vice-
versa.
29.19 ConsenU. Whenever the consent of Lessor is required herein, the
giving or withholding of such consent in any one or any number of instances shall not limit
or waive the need for such consent in any other or future instances.
29.20 No Thd-PAM Beneficiaries. This Agreement shall not be construed
to create any rights whatsoever in, confer any right upon, or undertake any obligations on
behalf of, any third person or entity, whether public, private, or a predecessor•in-interest of
either party, as a third party beneficiary or otherwise, that is not a party to this Agreement.
Without limiting the generality of the foregoing, the credits given Lessee in sections 3.2, 3.5
arau.e�sg+��tw� • 1S -
pROGRAM BETA TEL : -510-9?3-5607 Jun 16 94 18 :58 N: .324 ? . 17
and 6.3 above shall not be construed, as payments or credits made on behalf of any
predecessor-in-interest of Lessor.
29.21 Waim of Claim& Based on Prior Leases. Lessee waives any and all
claims against Lessor that may arise out of or relate in any way to any prior leases enterod
into between Lessee and other lessors prior to the Commencement Date of this Lease,
including any leases entered into between Lesice and any predecessor-in-interest of Lessor.
29.22 CountaM=. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall
constitute one and the same instrument.
WHEREAS, a duly authorized representative of Lessor and Lessee have executed this
Lease on the day and year above first written.
LESSOR: LESSEE:
PROGRAM BETA, a California Joint GORLLICK do BOWMAN, a California
Powers Authority General Partnership
By: By:
1
0.J///-"�
Thomas J. ander ,J i /
Chief Exe6utive Officer f
16 -
AMENDMENT TO OFFICE BUILDING LEASE
This AMEND M TO OFFICE BUILDING LEASE ("Amendment") is made and
entered into as of " 7, 1994, by and between Program BETA, a California
joint powers authority ("Lessor") and Gorelick & Bowman, a California general partnership
("Lessee").
RECITALS
A. The parties entered into that certain Office Building Lease as of April 6, 1994,
wherein Lessee leased from Lessor a portion of an office building ("Building").
B. Lessor also occupies a portion of the Building.
C. Section 1.3 of the Lease gives Lessee the right to enter into possession of the
Additional Premises set forth in Exhibit "B" to the lease on January 1, 1995, or earlier
following appropriate notice.
D. The parties now desire to amend the Lease to change the date on which Lessee
may opt to enter into possession of the Additional Premises, and to clarify the circumstances
under which such option may be exercised.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is acknowledged, the parties agree to amend the Lease as follows:
1. Section 1.3 of the Lease is revised to read as follows:
L.L v gyp ,
Jt
1.3. -G&A ril'1, 1996, Lessee is given the option to enter
P gl P
into possession of the office space set forth in Exhibit "B"
attached hereto (the "Additional Premises"), by giving written
notice of the exercise of said option (the "Option Notice") to
Lessor on or after March 31, 1995, but in no event later than
September 29, 1995. Provided that, if Lessee is in default of
any term of this Lease either on the date of giving the Option
Notice, or subsequent to the date of giving the Option Notice up
to and including April 1, 1996, or has entered into any sublease
with any subtenant that will be in effect as of April 1, 1996, the
Option Notice shall be totally ineffective, and Lessee shall not
be entitled to enter into possession of the Additional Premises.
The stipulated rentable space of the Additional Premises for
purposes of Lessee's payment of rent under Section 3.3 below
shall be ninety-six percent (96%) of the total rentable space
calculated by the Standard Building Owners and Managers
Association International (BOMA) Method of Floor
Measurement for Office Buildings.
.2. Lessor and Lessee acknowledge that Lessor has been required by regulatory
authorities to remodel the two restrooms on the first floor lobby area, in order to bring the
physical characteristics of the restrooms into compliance with requirements of the Americans
With Disabilities Act, and other applicable law. Lessor and Lessee agree that the two
restrooms on the first floor lobby area shall be individually remodeled in two consecutive
phases, so that one restroom is open and available for use at all times. Lessee shall not be
entitled to any offset in rent or other compensation as a result of such remodeling activity.
3. This Amendment represents the complete and final understanding of the parties
hereto with respect to the subject matter covered or mentioned herein, and supersedes any
prior agreements or understandings pertaining to any such matters.
,r
4. All provisions of the Lease not modified by this Amendment shall remain in
full force and effect.
LESSOR: LESSEE:
PROGRAM BETA, a California Joint GORELICK & BOWMAN, a California
Powers Authority General Partnership
By: By:
Thomas J. W er J o k
Chief Executive Officer
susv►aa MIM.2
09\x1\9+
- 2 -
Limited Partnership Division
92(3- 12th Street, Std Floor t.imitsd Parmeskdpr (916) u4_rmo
Secretary of State Special FibnV (916) 924.6T8
Sacramento. CA 95814 Trsderner6 MIG) 445-9872
December 29, 1994
JAN 0 3199r-
Program BETA Risk'Management Authority
1443 Danville Blvd. , Suite 200
Alamo, CA 94507-1973
The purpose of this letter is to acknowledge the filing in this
office of a Statement of Facts 'for Program BETA Risk Management Authority
pursuant to
Ca i ornla Government Code Section 530 This Statement of Facts
was filed as of November 16, 1994
For future updates we have enclosed a blank Statement of Facts
form for your convenience. You may reproduce the form as
necessary.
Sincerely,
LINDA BEAUCSAMP, Supervisor
Special Filings Unit
LB:cdw
Enclosure
ATDCaWn 2
...., Mate of Califurnin �.
Asrr4 .Yvttp Eu li
iscretarg of State I'
STATEMENT OF FACTS
ROSTER OF PUBLIC AGENCIES FILING
(Government Code Section 53051)
Instructions
i
1. Complete and mail to: Secretary of State,
P.O. Box 944225, Sacramento, CA 94244-2250(916) 324.6778
Q A street address must be given as the official mailing address (OHip Use Only)
or as the address of the presiding officer.
3. Complete addresses are required-
---t
equired---4. If you need additional space, please include information on an
814 X 11 page.
New Filing j ) Update V<4
Legal name of Public Agency: PrnQrmm fl .TA Risk Management AuthoritV
Nature of Update: 1 - Addition of tWQ memheza to the BETA Council i
9 _Change in S atus of Council member. 3 Address change
I
I
County: - Contra rnsta County
New
Official Mailing Address 1441 nanvill - Bout Pvard Suite 200 A14mo- CA 94507
Name and Address of each member of the governing board:
Chairman, President or other Presiding Officer (indicate Title):
Name: —am DDowni0a. Chair_ Address Salinas Valley Hospital, 450 E. Romieh
Lane, Salinas, CA 93901 ,;
Secretary or Clerk (Indicate Title);
i
Name: v rest L^Beak, Ser-y Addr=-. _i''tayers Memorial Hospital,, Highway 299 '1
East, FA11 River Mills, CA 96028
HeMbers: New Members
Name: --Loretta Ha_nsen N Address: p0 Box 5125 , Lancaster, CA 93539
Name: Geoffrey N. Lang, CEO Address: _Valley Health System, 1117 E.
Name: Address Devonshire Avenue, Hemet, CA 92543
Name. Richard M. Warren Addre _Washington Hospital , 1900 Mowry Ave
Name: _Proposed Director at Address Fourth Floor, Fremont, CA 94538
Large (9/9/94 )
Date: JuTIC IC 1 R - 1994 By:
Si4aature
AlhAdeff, Executiveec tar
Typod Name and Title
�. (z6a/�a1A.J9a � J
- i ■
#tate of Calif ornin
= 6=4 Hang Eu
IiiecretarB of state
STATEMENT OF FACTS
ROSTER OF PUBLIC AGENCIES FILING
(Government Code Section 53051)
Instructions:
1. Complete and mail to: Secretary of State,
P.O. Boz 944225, Sacramento, CA 94244-2250(916) 324-6778
2. A street address must be given as the official mailing address (office Use only) `
or as the address of the presiding officer. i
3. Complete addresses are required I
4. If you need additional space, please include information on an j
C
8'4 X 11 page.
New Filing ( J Update j x j
Legal name of Public Agency: grngrAM AETA Risk Mans,aeme Authority '
Nature of Update: Nati EWTA Council list with the vacancian
County: Marin
j Official Mailing Address: �'k mi 11nnd nrive . Mill Valleys ;� 9$, 1 X
Name and Address of each member of the governing board: >
Chairman, President or other Presiding Officer (Indicate Title). see, -&ttalch
{�
Name Address;
Secretary or Clerk (Indicate Title): Exr,uti lre Secret.aru. =" :
Name: Barbara h1 aleft Address: 63.i?1 and Drive , Mill Vrl l.RXQm, 9 494
Members
V
?dame: Se« attached Address:
i Name: Address: _
Name: Address: i
j Name: Address:
1
+; ti ame: Address:
i Date By: f
Signature
Thomas J. Wander, C_ .P.C.U. . rogram Dir . lj
Typed Name and Title
u �
su/S*ore Feafn LF/S&405 ley.4/t0 ' '
BETA COUNCIL
JTUl.y 1, 1994
EXECUTIVE COMMITTEE COUNCIL
Robert S. Erickson
Samuel W. Downinq, CEO, Chair Director of Health Services
Salinas Valley Memorial County of Lake
Hospital 922 Bevins Court
450 East Romie Lane Lakeport, CA 95433-9739
Salinas , CA 93901 707/263-8929 FX: 263-1662
408/757-4333 FX: 754-2638
Edward Maring, Vice Chair Leo P. Pioneers
(Trustee,
Pionioesro Hospital)
(Trustee, Dal Puerto Hospital) P. O. Sox 1677
1536 Frank Cox Road FED EX: 124 S. Sorenson
Patterson, CA 95363 Calipatria, CA 92233
209/894-3781 FX: 894-5556 619/348-5111 (W) 348-2954 (H)
FX: 619/348-5213
Everett L. Back, Adm. ,
Secretary Loretta Hanson, R.N.
- Mayers Memorial Hospital (Trustee, Antelope Valley)
Highway 299 East P. 0. Box 5125
Fall River Mills, CA 96028 Lancaster, CA 93539
. .9.16/336-5511 FX: 336-5735 805/946-3754
zFred A- Grovsrman, D.V.M. Geoffrey N. Lanq, CSO
Treasurer/Auditor Vallay .Health System
(Trustee, Petaluma Valley 1117 E. Devonshire Avenue
Hospital) Hemet, CA 92543
400 Ormsby Lane 909/925-6363 FX: 766-6417
Petaluma, CA 94954
-707/795-3694 (W) 763-3132 (H) Don N. Larkin
FX: 707/795-6740 C.E.O. , 'Fallbrook Hospital
624 East Elder Street
Howard S. Brown, M.D. (Claims) Fallbrock, CA 92028
(Trustee, Palomar Ponsrado 619/728-1191 FX: 723-6214
Hospital)
225 E. Second Ave. , Suits 340 Margret D. Marlock, R.N.
Escondido, CA 92025 (Trustee, Tri-City Hospital)
619/489-0908 FXt 738-8323 (H) 1905 Cali* Buena Ventura
Oceanside, CA 92056
Don Pickinpaugh (Underwriting) 619/433-3727 FX: 722-2670
(Trustee, Washington Hospital
Healthcare System) Thomas J. Wander, CEO (ex-
38118 Fremont Boulevard officio)
Fremont, CA 94536 100 Pringle Avenue, Suits 231
510/795-0777 FX: 791-7868 Walnut Creek, CA 94596
510/933-2166 FX: 933-5607
Richard M. Warren, Past Chair
C:E.O. , Washington Hospital Jack Wood, Adm. (LiCON)
Healthcare System William Sea Ririe Hospital
-1900 Mowry Avenue 1500 Avenue "Hit
Fremont, CA 94538 Ely, NV 89301
510/791-3468 FAX: 794-0532 702/289-3001 FX: 289-8244
MIII/bclist/7-8-94
Report of Independent Public Accountants
I
J
To the BETA Council: -
e have audited the accompanying balance sheets of
Program BETA Risk Management Authority(the
Program) as of June 30, 1994 and 1993, and the
related statements of revenues, expenses and
changes in fund balance and cash flows for the years
then ended.These financial statements are the 1
responsibility of the Program's management.Our responsi-
bility is to express an opinion on these financial statements
based on our audits. We conducted our audits in accordance
with generally accepted auditing standards.Those standards
require that we plan and perform the audit to obtain reason-
able assurance about whether the financial statements are
free of material misstatement.An audit includes examining,
} on a test basis, evidence supporting the amounts and disclo-
sures in the financial statements. An audit also includes
assessing the accounting principles used and significant esti-
mates made by management, as well as evaluating the over-
all financial statement presentation.We believe that our
audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above
present fairly, in all material respects,the financial position
of Program BETA Risk Management Authority as of lune 30,
1994 and 1993, and the results of its operations and its cash
jflows for the years then ended in conformity with generally
accepted accounting principles.
i
LLP
S\,� FR\\c isco, CAI IFOR\IA
AUGUST 25, 1994
ATTACRII= 3 o 93,el
.S. Program BETA Risk Nlanagement Authority
BALANCE SHEETS—JUNE 30, 1994 AND 1993
- -- 1994 1993
ASSETS: — — —
Cash and cash equivalents S 13,890,282 S 2.833.800
Investment securities(market values of S 128.010,812 and
S 142,880,060 at June 30. 1994 and 1993, respectively) 130,911,049 135,945.866
Member contributions receivable 1,092,702 Ld36.619
Accrued interest receivable 2,565,517 _,209,921
Property and equipment, net 1,140,119 54.003
Other assets, net 346,641 379.585
3150,546,310 5142.479.794
LIABILITIES AND FUND BALANCE:
Accounts payable and accrued liabilities
S3,385,008 5 176,S27
Distribution payable 1,140,000
Uneamed member contributions 204,376 204 376
Reserves for-
Claims and claim expenses 115,350,744 109.85; -100
Loss control programs 596,783 850.000
Participation credits 24,200,562 2-1.0-11 �5=
Total_liabilities 144,877,473 1.3.3.1.05.755
Fund balance-
Designated by council (Note 6) 1,412,749 5.500.000
_ Undesignated 4,256,088 3,874.039
Total fund balance 5,668,837 9,374,?39
$150,546,310 5142.479,794
STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCE
FOR THE YEARS ENDED JUNE 30, 1994 AND 1993
RE%TNUES:
Gross member contributions S 22,568,468 $22,841.01 G
_Rate credits (3,382,480) (3,366.10,
Net member contributions 19,185,988 19.474.;;4
Investment income 10,008,465 9,821 327
_Other_ income 15,322
Total revenues 29,209,775 29.29_6 is i
EXPENSES:
Provision for claims and claim expenses 20,347,887 22.246
Reduction of reserve for claims and claim expenses (10,000,000) (5,000 0,'t'1
Provision for participation credits 10,000,000 2.20j)
Purchase of excess liability insurance relationships(Note 7) 3,000,000
Management fees to ARISCO 2,768,656 3.04) -_
Administrative expenses 833,526 43-
Investment fees 151,7.75 13=
Legal and accounting fees 224,192 100
Consulting fees 126,658 14,
Actuarial fees 69,400
Clerical support 27,332
Risk management seminar expenses 118,259
_Other t07,322 _
Total expenses - _ _ _- _— 27,774,977 23 i•__
Excess of revenues over expenses before
dividends to participants 1,434,798
DIVIDENDS TO PARTICIPANT'S(Note 9) 1,140,000
Excess of revenues over expenses 294,798
FUND BALANCE AT BEGINNING OF YEAR 9,374,039
DISTRIBUTION FOR NEW INSURANCE PRODLIC'T•S(Note 8) (4,000,000)
FUND BALANCE AT END OF YEAR S 5,668,837
The accompanying notes are an integral part of these statements.
f f1iQ �j
ogram BETA Risk Management Authority
STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED JUNE 30, 1994 AND 1993
1994 1993
CASH FLOWS FROM OPERATING ACTMTIES:
Cash received from participants,net S 11,328,915 S 13,892,644
Interest and investment income received 9,928,049 9,579,702
Other income received 15,322
Cash paid for claims (1,458,911) (3,477,318)
Cash paid for claim menses (3,427,199) (4,573,682)
Cash paid to vendors/other menses (4,386,095) (5,037,102)
° Net cash provided by operating activities 12,000,081 10,384,244
CASH FLOWS FROM INVESTING ACTIVITIES:
f' Purchases of investments (28,566,661) (51,828,390)
Proceeds from sales of investments 33,326,298 32,321,677
Purchase of property and equipment (1,703,236) (32,129)
3,056,401 (19,538,842)
CASH FLOWS FROM FINANCING ACTIVITIES-Distribution
for new insurance products (4,000,000)
NETINCREASE IN CASH AND CASH EQUIVALENTS 11,056,482 (9,154,598)
CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 2,833,800 11,988,398
;- CASH AND CASH EQUTVALEN7'S AT END OF YEAR S 13,890,282 S2,833,800
'^ RECONCIL AXION OF EXCESS OF REVENUES OVER EXPENSES TO NET CASH PROVIDED BY OPERATING ACTMTIES:
Excess of revenues over eqwnses $ 1,434,798 $5,674,039
Adjustments to reconcile excess of revenue over etpense to net cash provided by operating activities-
Depreciation and amortization 364,079 32,337
Increase in reserve for claims and claim expenses 5,497,744 9,164,407
Increase(decrease)in reserves for participation credits 2,179,010 (3,961,032)
Decrease in reserve for loos control programs (253,217) (50,000)
Changes in assets and liabilities-
Contributions receivable (36,083) 518.581
Accrued into"reeeiv" (355,596) (276,207)
Other aaseta (38,835) (336,142)
Accounts pay" 3,208,181 (381,739)
Total adjustments - 10,565,283 4,710,205
Net cash provided by = S 12,000,081 S 10,384,244
SUPPLEMENTAL DM DSURE OF NOW-MH TRANSACTIONS-The Program recorded dividends payable of
$1,140,000 to Prow=participants.
The accomp'arging note are an integral part of these statements.
(X1937.3
r
Notes to Firtctncictl Statements
1.BUSINESS AND SUMMARY OF SIGSIFICANT ACCOUNTING Reclassification
POLICIES: Certain accounts in the prior year financial statements have been
reclassified for comparative purposes in order to conform to the
General 1994 presentation.
Program BETA Risk%tanagement Authority(Program BETA or the
Prngram) is tormed in 1979 for the purpose of operating a hospi-
tal professional.general and directors and officers liability self-insur- 2.INVESTMENT SECURITIES:
ince program for certain hospital districts of the Association of The Program invests primarily in U.S govemment and agencv secu-
Calitornia Hospital Districts. Inc.(ACHD).Until October 1. 1989, rities.Investment maturities are generally shorter than expected
the Program operated under a joint powers agreement with ACHD future payout of liabilities.
providing management services. Effective October 1. 1989.the
Program became a separate joint powers authority,establishing itself Investments are stated at amortized cost.Premiums and discounts
as a public agency separate and distinct from ACHD.Program BETA are amortized on a straight-line basis,which approximates the mter-
provides coverage to eligible district and county healthcare entities, est method.If management determines that a permanent decline:n
as well as to other joint powers authorities.The Program is managed value has occurred.a loss will be recognized.
by a board of 13 elected representatives from participants of
Program BETA(the BETA Council).
Effective January 1, 1993. Program BETA hired a chief executive offi-
cer.Prior to that date.the Program had no employees.All adminis-
trative functions of the Program were performed by ARISCO.
Through 1994.the Program continued to be administered by
ARISCO ARISCO was paid a fee for administering contributions col-
lection,supervising claims administration,maintaining financial
records and providing Program participants with an ongoing risk
management program.
Beginning luly 1. 1994,the administrative functions previously han-
dled by..\RISCO,will be performed by Program employees.
The Program provides coverage on both an occurrence and claims-
made basis,as chosen by the participants.At lune 30. I994,there
«ere approximately 59 participants, I of which have selected
claims-made coverage for 1994.
The Program is not subject to California state insurance laws,since it
is a joint powers authority.Accordingly,its operations are not
reviewed by the State Insurance Commissioner.The Program is not
subject to federal or state income taxes as a California joint powers
authority
v
Liability Coverage
Since 1987 the Program provides payment in full on covered indi-
idual malpractice claims up to$5 million subject to the deductible
amounts selected by the participants.For events occurring in 1985
and 1986. the Program provides payment in full up to 51 million
and ikl percent of individual claims greater than S I million but less
than 55 million.the remaining 50 percent of the individual claims is
paid by an insurer and reinsurers.Claims in excess of 55 million are
the responsibility of individual Program participants.
Contributions s
Contributions are made by Program participants at a level necessary
t to provide for the payment of claims and claim expenses expected to
be incurred by the participants.Contributions are allocated to the
different participants based on various exposure criteria.such as
number of beds,surgeries performed and emergency room visits
Property and Equipment
Pmpem and equipment ate stated at cost less accumulated deprecia-
tion Depreciation is provided using the straight-line method over
the estimated useful life of the asset.Buildings and improvements
are depreciated over 30 years and furniture and equipment over Five
years,
Cash and Cash Equivalents
Cash and cash equivalents consist of money market accounts and
securities with original maturities of less than 90 days.
009330
. BETA Risk Management Authority
1bt amorrrad cost and esdmaeed market values of investment securities are as follows:
June 30, 1994
� r Amortized Gross Gross Estimated
cost Unrealized Unrealized !Market
?, Gains Losses Value
Over 90.day maturity-
}"
LFA Treasury notes S 83,649,169 $791,100 S(3,605,225) S 80,835,044
U,S.govern hent 15,073,528 267,167 15,340,695
Coryormebonds 25,202.568 253,595 (619.180) 24.836.983
, -
123,925,265 1,311,862 4,224,405 121,012,722
U taanW4 matuy
USheaybords
1,499,89211,347 2,011,239
U.S.Tmmutlbilk 2,986,328 (15,098) 2,971.230
U.S Speenmnew 1,999,564 16,057 2,015,621
6,985,784 27,404 15,098 6.998.090
$130,911,049 $1,339,266 S(4,239,503) $128.010.812
w � ,
June 30, 1993
Amortized Gross Gross .Estimated
Cost Unrealized Unrealized Market
Gains Losses Value
. i
'!lseasufsiswses S 67,632,003 $3,505,825 S(5,888) 5 71,131,940
pssawateMaON, .1 O nktio 33,549,654 2,213,975 35,763.629
23,237,062 1,213,495 24,460,557
biles 3,462,537 3,933 3,466,470
127,881,256 6,947,228 5,888 134,822.596
e0efi 7,064,622 170 (7,408) 7,057,384
999,988 92 1,000.080
8,064,610 262 7,408 8,057.464
5135,945,866 $6,947,490 S(13,296) 5142,880,060
The ataoeQaae l aftalAestwsed market uaiot of tniew encs at lune 30, 1994,by remaining contractual maturity,are shown below.
<-• 'Armwk=wuodeawffdk tabom eoemaotu {mauffitles because borrowers may have the right to call or prepay obligations with or with-
..awcoffat l pitgtsmtp waldew at Prov a 5111A may not hold the securities until maturity.
Attottdq Coat Market
d-go&P84' • $6,985,784 $6,998,090
9Qd ]i � "` '' 6,396,667 6,523,115
1.•2 yteeef�a^ �' Y - 25.042,841 25,120,018
- _.2-3r
13,949,669 14,170,210
37 4 yawt�- 20,975,772 20,260,916
4•3yeaw, y �?__ 16,429,762 15,854,814
-* 31-W7) 28,098,463 26,894,680
Affix l0 r 13,032,091 12,188,969
$130,911,049 $128,010,812
+. Proaesda>3dm afar' dietvesmsews were$33,326,298 and 532,321,677 during 1994 and 1993,respectively.Gains of
51,07,761 sad Meet war mWiaed on tbose sales for 1994.In 1993,gains of$724.663 and losses of$48,386 were realized.
3.poolali,AOl}BQUWMNW
t ogeeq�aote*I f (fe writ 30 aaBsiwf of the fnuowing:
1994 1993
'Lily „
$274,500 $_
1,330,106 -
1,330,106
152,634 63,014
1,757,240 63,014
i 17,121 9,011
$1,740,119 554,003
l!! dw Ptoglttm ptaahssed office property in Alamo,California.At June 30,1994,the Program had not yet moved into the
6ttii�s.&pve ,no deprwstion on the building and improvements was recorded through lune 30, 1994.
�i i seW4nr=ed for ptopesty dam ase and liability losses.The liability for self-insurance is generally accrued based on ocar
3a1�tiLr {iabiiity for pos"k escalation on unsettled claims being estimated based on individual situations.
OOSWI
dotes to Fiitnrrciit [ Stateinerrts
4. RESERVE FOR CLAIMS AND CLAIM EXPENSES: 1993
rhe reserve for clams and claim expenses is an estimate of the future Balance Credits Credits Balance
liability. the Program has for reported and unreported claims and 6'3 2 Approved Used o tit 9 t
cl.um expenses. To the extent the reserve is not adequate for the pay-
men(of actua1j;4aims and claim expenses,the Program has the Reserve for loss control programs
authorityto require additional contributions by Program partici- s 910 000 S- s(;0.000) c 310 000)
pants on a pro rata contribution basis or the Program may decline to Reserve for participation credits
p.n tuture part,cipauon credits In the event that a participant elects 525.982.584 5_.200.000 S(6,161 032) '
to Dace the program.the participant is contingently liable for any -
proportional assessments for a period of three years.
the reserve for claims and claim expenses has two components—an 6. DESIGNATED FUND BALANCE:
estimated reserve for reported claims and related expenses and an In 1993,the BETA Council designated$S 5 million for future pro-
; estimated reserve for incurred but not reported(IBNR)claims and grams or produce to benefit Program participants. If !tut ;tie
expected expenses.The reserve for reported claims and claim expens- Program used cis to bene leaving a balance of S 1.41In ),) \tic
l
es is determined at an individual claim basis by the Programs unused funds at January 1. 1995,will be allocated to the-esene for
+ claims administrator.The reserve for IBNR claims and claim expens•
t es has been actuarially determined by an independent casualty actu-
participation credits.
ary-using the expected loss ratio method and guidelines specified by 7.PAYMENT TO AFFILIATED ENTITY:
the BETA Council.Assumptions used to estimate the IBNR reserve
include the following: During 1994,Program BETA established an agreement%,itn \C i i D
a rhe reserve is estimated using a greater than 30 percent confi• to pay S3 million for ACHD's excess liability insurance resat., e,hips
This transaction was approved by a majority of the Pro
dente level.The actual confidence levels calculated by the actuary gram p
as of June 30. 1994(the latest report available),and lune 30, pants and will be paid in fiscal year 1995.
1993.were 95 percent for both years. 8.DISTRIBUTION FOR NEW INSURANCE PRODUCTS
b The reserve includes amounts expected to be paid for legal fees In 1994.the Program,as founding member.provided for the es;ab-
and other expenses associated with negotiating and settling claims. lishment of California Health.Alliance for Risk Retention and
c Proiected losses are not discounted. management(CHARLM),which serves as the sponsor of a Ha%,26-
• The reserve for claims and claim expenses consists of the following: domiciled risk retention group under the name Health Providers
Mutual Insurance Company,Inc..a Risk Retention Group
(HealthPro RRG).Beginning July 1, 1994.HealthPro RRG will offer
Year Ended June 30 excess liabiliry insurance to eligible California hospitals ith iim:ts
1994 1993 up to S25 million over and above their primary coverage Limit of S;
Reserve for- million provided by the Program.HealthPro RRG was inu;allg cap;-
Auto claims S 457.062 S 210.778 talized through a S4 million distribution from the Program Th!s
_ Reported claims distribution was previously approved by the BETA Council an,,.,as
and claim expenses 19.112.689 16.8.1-1.674 included in designated fund balance(see Note 6).As tell as be:r.w a
Incurred but not reported -- member,the Program will provide underwriting,claims administra-
.!aims Lind claim expenses 95,780.993 _92.819.548_ cion.risk management and marketing services.At lulc 1. 1994. 24 or
5115.3)0-1'44 s 109.353 Oo0 the Program's member hospitals had elected to purchase excess ha-
bility coverage from HealthPro RRG.
RESER%E FOR PARTICIPATION CREDITS: .3n allocated surplus account will be established for each contributing
member of HealthPro RRG.This account will be credited pro rata
Beginning in fiscal year 1992.the BETA Council determined,based equally over five years with the amount of allocated surplus corimtu-
upon loss development trends more favorable than previously pro- tion made by or assigned to the contributing member.credited or
ccted by is actuary for the early years of the Program,that excess debited with up f r percent of net income or loss in each ting'
claim and claim expense reserves could be used to reduce future con- Imam and debited for any distributions made to the ember contributing'
or
mbuuons by those Program participants whose experience con- member.If a contributing member terminates its membership i nin
rnbuted to those trends by reducing future member contnbutions. to the five-year vesting period.the nonvested porion will rem--in:n
1 he reserve for claims and claim expenses was reduced.predicated on an unallocated surplus account.At lune 30, 1994,the entire 54 mii-
_ continued participation in the Program by those contributing to the lion initially contributed is unallocated.
fa,orable loss history of the Program.Credits are not available to any 9. DIVIDENDS TO PARTICIPAN5:
participant that terminates its coverage with Program BETA.
As of lune 30. 199 ,the Program has recorded dividends pa}ab e
A loss control program was also established in 1992 to help partici- participants of 51,140.000.The dividends must be approved b% :^e
pants reduce losses.to fund educational programs.and to fund BETA Council.
other proiects relating to risk management.
For fiscal years 1994 and 1993,a 15 percent rate credit was granted 10.EMPLOYEE BENEFIT PLANS:
to all Program participants.This credit is reflected on the statements The Program has a noncontributory defined contnbution empl ,
tit revenues.expenses and changes in fund balance as a reduction of benefit plan.Under the plan,all employees hired on or berorc ..'.
gross member contributions. 1, 1994,are eligible for participation as of their date of hire \
I rhe iolluwmg reflects activity in the reserve for loss control pro- employees hired after July 1, 1994,are eligible to participate.t::•-r
ticipation credits during the years one year of service.Participating employees are fully rested attr
grams and the reserve for par
ended lune 30. 1994 and 1993: years of service.The contribution to the plan was S37.492 ter
year ended June 30, 1994.
Balance Credit l 994 Credits Balance The Program also offers a deferred compensation plan,,herc n,
31)`93 _A roved__ Used_. - 6;30.9.4 employee may elect to have compensation withheld and mc,:,
the Program.At lune 30. 1994,$2.925 was invested by the I'
Reserve for loss control programs on behalf of employees.
5350.000 S- s(253.217) 5S)r -S 3
Reserve for participation credits
522,021.552 510.0001000 S(7,820090)_ 5_'4.200 �62
c
BETA Council
(as of tune 30, 1994)
i
Chair
Samuel W.Downing
Chief Executive Officer
Salinas Valley Slemonal Hospital
Vice Chair:
Edward Haring
Trustee
Del Puerto Hospital
Secretary:
Everett L.Beck
Administrator
Mayers Memorial Hospital
Treasurer/auditor:
Frederick A.Groverman,D.V.M.
Trustee
Petaluma Valley Hospital /�
Howard S.Brown,M.D. `/�� µ v 1 5 o r S
Trustee
Palomar Pomerado Health System
Robert S. Erickson
Director of Health Services ACTUARY
Lake County Woody Beckman
Consulting
Leo P. Haggarty Actuary,Inc.
Trustee 17641 Birch Tree Lane
Pioneers Memorial Hospital Irvine.CA 92715
(714)786.1353
Don N.Larkin
Chief Executive Officer AUDITOR
Fallbrook Hospital Arthur Andersen,LLP
One Market Plaza
Margret D.�terlock R.N. San Francisco.CA 94105
Trustee (415)546.8200
Tri-City Medical Center
GENERAL COUNSEL
Don Pickinpaugh Greg V.Moser,Esq.
Trustee Weissburg&Aronson,Inc.
Washington Hospital Healthcare System 402 West Broadway
Suite 2300
Thomas 1.Wander(Ex-officio) San Diego,CA 92101
Chief Executive Officer (619)234-6655
Program BETA F
INVESTMENT ADVISOR
Richard M.Warren Citicorp Trust
Chief Executive Officer One Sansome Stmt
Washington Hospital Healthcare System 24th Floor
San Francisco,CA 94104
IacicT.Wood(UCON) (415)627-6276
Administrator
William Bee Ririe Hospital
0t��83
The Association of California Hospital Districts is a sponsor of Program BETA Risk Management Authority
Program BETA Participants
(as of lune 30, 1994)
Alpine County Lompoc Hospital District Selma Hospitai District
Alta Hospital District Mayen Memorial Hospital District Seneca Hospital District
Antelope Valley Hospital District Mendocino Coast Hospital District Sierra Kings Hospital District
Bear valley Community Hospital District. Monterey County Sierra Valley Hospital District
Bloss Memorial Hospital District Northern Inyo County Local Solano County
Hospital District
Camarillo Health Care District Soledad Community Hospital District
North Kea-South Tulare Hospital District
Cambria Community Hospital District (Delana Skilled Nuing may) Sonoma Valley Hospital District
Chovrchiila Memorial Hospital District Oak Valley Hospital Dirtria Southern Humboldt Community
Hospital District
Cloverdale Hospital District Palo Vale Hospital Dtoda
Southem Inyo County Lod
CosdivW HoWW District Palomar Pomerado Health Sytmr Hospital District
Corcoran Haspaal Diana Patterson Hospital District Surprise Valley Hospital District
(Dd Puerto Hospital)
Del Norse Coaarsy Tahoe Forest Hospital District
Peaalrma Valley Hoaltitat DWttict
Easters Mmas Hospital Dii ukk Tehachapi Valley Hospital District
_ -��".' Pionee:a Memorial Haspitai JOiwrb
Fallbrooh Hospital Obakr- Tri-CAF s"pita t Obmlx
Flaw County
Hi-Desert Memo"Httspi'1lkDLttrid - ,y Valley Health System
- Prawn Hospital District
Indian Valley Hospitd Dlat�:R 1 Wasitinwootebylalf"Reahbcase system
Wbud Hospital District -
John C.Fremanot Fbo�pllr " VON k Hetitptltd District
Salinas Miley Memorial Hospital District
Kern Valley Hsi P i,
Hospleiti DieRria MR3ide E3isrllnar4 Mpspitsl District
junloum How ttaeY�ss Mettaelrisl �
Lake County
- 4 lista! Parra:59
tassen Courcy
UCON(19abilityCoopesaziR� ,.• f `
4.
Crsairts his charing noWrrs►st Ns sow'/i[otdda Baton t+tatsry its 1"3't 31Ui�t
electloet In 1993,ftgram BETA W*star wwartd esraitf Ains a asst�� --
OUIR Uaff Today, dus swff #!vW#dw PnWam tarsi a brisk fUrBM -�