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HomeMy WebLinkAboutMINUTES - 08041998 - D5 D.5 RESOLUTION NO. 98/410 A RESOLUTION APPROVING OBLIGATIONS TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT CALIFORNIA SHOCK TRAUMA AIR RESCUE Local Government Participant: County of Contra Costa,California Authority: California Statewide Communities Development Authority Institution: California Shock Trauma Air Rescue,d/b/a CALSTAR or an affiliate Project: Acquisition: and installation of air rescue helicopters and related propel Maximum Principal Amount: $5,440,000 Public Hearing Date: August 4, 1998 WHEREAS,the Institution has requested that the Authority enter into an Installment Purchase Agreement for the purpose of providing funds for the Project and related costs located or to be located in the jurisdiction of the Local Government.Participant; and WHEREAS, under the Installment Purchase Agreement the Authority will agree to make, but solely frorn the Institution Purchase Payments and other sources mentioned in the Installment Purchase Agreement, Installment Payments of principal, premium, if any, and interest in a principal amount not exceeding the Maximum Principal Amount and the Institution will agree to make Institution Purchase Payments in amounts equal to the Installment Payments; and WHEREAS, the Authority has requested that the governing body of the Local Government Participant approve the execution and delivery of the Installment Purchase Agreement and the Project in order to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement (the "Joint Powers Agreement"). dated as of .Tune 1, 1988, among certain local agencies, including the Local Government Participant; and WHEREAS, the Local Government Participant held a public hearing on the Public Hearing Date providing a reasonable opportunity for persons to comment on the execution and delivery of the Installment Purchase Agreement and the Project; and WHEREAS, it is intended that this resolution shall constitute the approval of the execution and delivery of the Installment Purchase Agreement and the Project required by Section 147(f) of the Code, Section 9 of the Joint Powers Agreement and Section 91530(f) of the Government Code of the State of California; NOW,THEREFORE, BE IT RESOLVED, by the governing body of the Local Government Participant,that the execution and delivery of the Installment Purchase Agreement and the Project are hereby approved for the purposes of Section 147(f) of the Code and Section 9 of the Joint Powers Agreement. C.iCDA.EOIDB-PAFtTIC$P.AtvTDOCS iS 07) Sponsored By; 'IN Ca'Llo. 'a `hate Ass().`.'i�2.lior o=Cour^"es League oC ales July 9, 1998 CTIA FAX& IST CLASS MAIL Ms.Laura Wagner Lockwood Director,Capital Facilities and Debt Management County of Contra Costa 651 Fine Street, I I"'Fl. Martinez,CA 94553 Dear Laura: Re: Public(TEFRA)Hearing for CALSTAR The purpose of this letter is to request that Contra Costa County schedule and hold a public hearing for California Shock Trauma Air Rescue("CALSTAR")so that tax exempt bonds can be used to purchase air rescue helicopters. The bonds will be issued by the California Statewide Communities Development Authority (Authority)and bond counsel, Gilmore&Bell,will confirm that there is no obligation or any other liability to the County. A local public hearing is required by federal tax law and the Authority's Joint Powers Agreement(JPA). The County is already a member of the Authority. Under separate cover bond counsel will transmit a copy of the TEFRA Notice and TEFRA Resolution to be adopted after the hearing. Bond counsel can work with you to provide for the required notice of publication. I have enclosed a copy of the CALSTAR application and additional information regarding CALSTAR's operations. As discussed,this item will be scheduled for the August 4, 1998,Board agenda. Thanks for your help. Yours truly, d ; Tracy A+illiams Cc: Forma Lammers,California State Association of Counties Janelle Jackson, Gilmore&Bell Stephen A. Hamill,CSCDA C liforr.i- Co,' i-unes Cziease �'a i`ornia S-IIICWde Ca_rr:^ : z les 2807 3rd S'reet, Sine _ i :'Vf;.:Jo^"..E".... Au,.:1.f><.:ySc-ta N,:.^.i.... , CA 9040,5 STEP 3: APPLICATION AND ELIGIBILITY WORKSHEET �,f your prr ect"wets the mbdmwn requftwnents�please cmVkte the,foflo� app&adon and elig worksheet APPLICA 10N AND ELIGIBILITY WORKSHEET I California Shock Trauma Air Rescue (dba) CALSTAR Name of Firm 23876 Corsair Blvd. Address of Firm Howard CA 94545 City State Zap Joseph F. Cook President 510887-3063 ( 510 ) 887-3185 Primary Contact Titre Phone Number Fax Number 0 `4anufacturer 0 Solid Waste Processor 0 Solid Waste Recycler Stake Industrial Code 501(c) ( 3) Non Profit Company PROJECT DESCRIPTION Cost To Be.Financed ATTACH A LIST OF EQUIPMENT TO BE A. Faui rZen } s 2 .800 .0 0 , 0 FINANCED, INCLUDING A DESCRIPTION 00 .00 ANIS COST. ALSO ATTACH EQUIPMENT B. (fees, Other engiCapneers, hosts s 80,0 • BROCHURES, IF AVAILABLE. (fees. er;gineers, :nstaliation, etc.) TOTAL $ 3 , 600 ,000 Pt3Buc BENEFITS A.4, 11 + : N/A The State of California has a guideline that one (1) new job should be created for every S,50,000 in gond financing or 20 new jobs for each $1 'Million in bond financing witih.in 2 years of the purchase and installation of the equipment to be financed. This has been a flexible guideline that is regularly adjusted to meet the unique circumstances of the financing. You should make a ,good faith estimate of the number of jobs to be created based on realistic assumptions. The State will conduct a future survey to determine if your estimate as accurate. "New" jobs are net to California and therefore do not include transfers or relocations from other California locations. Estimate the number of jobs to be created �,t the site the equirrment will be installed ,�%-ith- in 2 years. CURRENT TRANSFERS NEW Hms TOTAL E�IPLoyz S; ligibi Efty Worksheet Continued on Page 4 Bligibiltty Worksheet Continued... B. olid Waste Processors and Recyclers Only: 3 i I. Vohume of Solid Waste Diverted from Landfill 2. Volume of Recyclables Recovered 3. Source of Solid Waste/Recyclables C. Attach a description of any other public benefits associated with the project. OwiV'ERSIT STRUCrm /Sp wnership structure is importsnt for determing the availability of investors and the legal entity sible for purchasing the equipment. Please complete the following: Entity Principal Owners/Shareholders rJ C Corporation 10 Subchapter S Corporation 0 Partnership 0 Limited Liability- Company jV Other (specify)_501(c) (3 ) pori Profit Public Benefit Corporation 100 Date of incorporation or Formation:^ June 10, 19 8 3State: CA Signature Title Date 3 APPLICATION CHECKLIST S Please send all of the following so we can process your application: 1. A completed Application and Eligibility Worksheet (this form). 2 F.nancial Statements for the three most recent years and the current year inter.rp. 3. A schedule of equipment to be financed including cost, description and brochure. . 4. A S1,2--00 non-refundable Application Fee payable to CSAC Finance Corp. This fee will! be credited to your issuance costs at closing. SEN ) COMPLE715D APPLICATION TO: 41% :._..., (800) 635-3993 C�®rni� C©�nmmunitie� Fax (925) 933- 457 (925) 933-9229 1470 Maria Lane, Suite 400 Ema9.l: Walnut Creep, California. 94596 CAL COMM@A0L.00M y VISIT OUR. WEBSITE: CALIFCOMM.ORG Jul ICI Se 02:59p J.F. COOK 510-782-8207 �S. I CALSW 41iC.1lAL7OWIA SCK!rlblt11Yi1t AIR RES 4 'A N*n•Prott! Community Srrvive' PXNaSiA:WM7I0N ''/"cwvc r slvd. itayword,CA"Un 1 P a. t,5101;$87.3063 Fax: (51f4U7.31e$ B CALMR t 6.+F 177 dn3w�Clem Dries Qw4orW.0 94:9,10 "V":(510)3941.7670 July y y F=15101798-77" �t�1�#y 99 sva aid. G CA 9 }o a+».(ate Sae-2076 €m-(aM SAS-S Tracy McWill ams C3 Coq;# 2807 Y4trect,Suite 4 1375IILCAL 9'44 { Santa Ment y CA 913 5 Aal�sts,CAL 95600 2 k'"lwno: (gib)eel-Q564 faro(916)8$7.1269 Dear M5.11'tCWii]ilaYns: CALSTAX has a long hi OXY of she to Cera Costa County. The company has been=approved seMcc provider ofhel%copter wbulmee service by the Centra Costa County EMS Agcy since 1984. CALSTAR hes operated a 24-hour base located At 177 Buchanan Stied in Concord duct 1992. The designated Trauma Cir in the Com,John Muir Medical Center,is a founding member hospital ofCALSTAR'& They have been a uncial supporta of the company since 1983, CALSTAR,has historically responded to approximately 700 requests for transport per year in the Com. I hope"very briefoutfie of what is a long and successful relationship is helpful. F Sincerely yob Caok I�residerzt i r.•+- CALSTAR CAMPORNIA SHOCK f TRAUMA AIR Rll8'CUN 'A Non-Profl8 CVMMUnt#y Sarvic, ' ADMINISTRATION 208768 Cana%r S;vd. Hayward,CA 94545 Phone: (SIC)887.3063 Fax: (510,1887-3185 = CALVAR; € June 2£, 1998 177 Jahn C1erm give Ccnnrard,CA 94520 Phone: (5:0)798-7670 roz(510)798-7798 CALSTARR 6.i 590 Cohanaoy Rood C-Hro,CA 95020 Tracy A. McWilliams Phone:(408)S48-2075 (408)848-2085 California Communities Development.Authority CALSFAR W 28€17 3!d Street, Suite 4 13750 Urxxrn Woy Santa Monica, CA 90405 Auburn,CA 95803 Ptmane: f9161887-0569 Fes:(416)887-1269 Dear Mrs. Lula`Wdams. r: Thank you for taking the time to meet with me and expo the various fihau ing programs available to CALSTAR through your agency. Your timing was,excellent as CALSTAR is seeking.financing for its latest aircraft requirements. The company is a i 501(c)(3)nonprofit, founded in 1983 to provide air ambulance sees throughout x Northern California. The company is successful and today operates five helicopters and one airplane,prodding immdute helicopter ambulance prices on a twenty-four hour basis from four locations and shortly, an airplane ambulance service from our headquarters in Hayward., California.. Three of our helicopters have been financed through the California Health Facilities Financing Authority. CALSTAR is looking to improve its service by adding some larger aircraft capable o DFR.flight(flights into clouds). We.have located 2 Bell 222UT's with tools and a substantial inventory overseas. The total cost of this project is estimated at$3.5 Million, including shipping,U.S. Certification and registration,paint and modification for our EMS mission.. One of our present helicopters is leased from American Eurocopter. As soon as one ofthese aircraft is completed and ready for missions the leased helicopter will be returned. Time is of the essence on this project. The seller has accepted CALSTATVs downpayment of$100,000 but will only hold the downpayment until August 15, 1998. CALSTAR needs to have these aircraft available for missions as quickly as possible. If the initial aircraft acquisition component ofthis project could be concluded before this August deadline it would be very benefciaal. This project is made up oftwo components: One;the initial purchase of the aircraft, tools and inventory. Two;the transportation, certification and modification of the T> aircraft for use in CALSTAR's mission Tracy McWilliams CALIFORNIA CON04UCITIES June 24, 1998,Page Two I have included some background information on the company at Tab 1 with the Application. I have also included our ward of Directors and a profile of the company management team. I have also included a representative copy of the letters that I sent to potential lenders and a copy of their bids to date at Tab 6. T will be available for any questions that you may have regarding thus application or CALSTAR. I am looking forward to working with you on this project. S' erely yours, os4h F. Cook President Enclosures F PROJECT OUTLM California Shock Trauma Air Rescue is a 501(c)(3)nonprofit, founded in 1983 to provide air ambulance services throughout Northern California. The company started flight operations in 1984 with a single helicopter and has been successful. Today, CALSTAR operates five helicopters and one airplane,providing immediate helicopter ambulance services on a twenty-four hour basis from four locations and shortly, an airplane ambulance service from our headquarters in Hayward, California. Three of our helicopters have been financed through the California Health.Facilities Financing Authority. CALSTAR is looking to improve its service by adding some larger aircraft capable of IFR.flight(flights into clouds). We have located 2 Bell 222UT's with tools and a substantial inventory overseas. The total cost of this project is estimated at $3.5 Million, including shipping, U.S. Certification and regLwation,paint and modification for our FMS mission.. One of our present helicopters is leased from American Eurocopter. As soon as one of 222UTs is completed and ready for missions,the leased helicopter will be returned. CALSTAR opened a new helicopter base in Ukiah in April. We have leased a helicopter, on a short-term basis so that a permanent aircraft could be secured.. The new base has exceeded our expectations. The local community has been very supportive and we expect even greater support when the permanent aircraft is online. This project is made up of two components: One;the initial purchasee,of the aircraft, tools and inventory. Two;the transportation, certification and modification of the aircraft for use in CALSTAR's mission. CALSTAR's Board of Directors has decided that a different kind of aircraft is needed to expand the services that the company provides to patients in Northern California. The type of aircraft that has been selected offers capabilities not found in our present fleet of aircraft. The aircraft selected allow CALSTAR to respond during periods of rainy weather, are faster and have,greater range and are large enough to accommodate neonatal, cardiac balloon pump and other critical patients that our present aircraft cannot. CALSTAR is presently limited to responding only if we can remain clear of clouds called by the FAA."visual flight rules"or VFR- The proposed aircraft are equipped and certified by the FAA for flight into clouds, called`Instrument flight rules"or IFK This capability plus the ability to meet the needs of specialized patient requirements such as neonatal and balloon pump patients will provide a significant increase in flight volume over our present level. We estimate conservatively that an increase of 84 patients per year per 22UT can be expected. This figure is based on flights we are Project Outline Page Two unable to complete presently and flights we are told we would he allowed to complete by hospitals that we are serving. A small company in Macau, China, outside of Hong Yong has operated the aircraft that we have selected. They are the only aircraft of this type available with the equipment that we need. The seller is buying a neve.fleet of helicopters and has selected a different type of aircraft. They have agreed to sell these helicopters, all their special tools and a substantial parts inventory. They wish to conclude this transaction, as they will use the proceeds to purchase another new helicopter. An independent inspector has completed an audit of each of the aircraft and provided information on the inventory. The casts projected for this project include transportation, U.S. recertification and modification.for CALSTAR's emergency medical mission. Time is of the essence on this project. The seller has accepted CALSTAR's down payment of$100,000 but the payment will be forfeit ifthe transaction is not complete by August 15, 1998. CALSTAR needs to have these aircraft available for missions as quickly as possible. If the initial aircraft acquisition component ofthis project could be concluded before this August deadline it would be very beneficial. CALtFORMA SHOCK t i71AUMA Alit RESCUE At3MINI8T'RA�0M1 20976 8.Comor Wd, 14cvw'•rd.CA 94543 ns: (5101887-3W i (510}887.3185 CALIFORNIA SHOC nrRAU'NIA AIR RESCUE CAL.57'AA 1 77 Jc M GWV.atm (/ C x:c 5101 94547 i COSTAR Ptta't�: 1510}79$-7670 j (5101,798.7799 A REGIONAL,PUBLIC,NON PROFIT { HELICOPTER ANIB ULANCE E-t CALSTAR it 449 Lev.SuG Gxmy,C 95020 OR("A I ATION BACKGROUND P-e-O:tA,082 BA8-2075 Fm: t408)348.2085 E 0 CALSTAR ii: THE NEED 13750Lmc .Way Aubum.CA 45063 t Phor"te: :91<_;887.0569 j According to the American Trauma Society,trauma is the number one cause of death in 19161 W-1269 the United States for persons under the age of 44. Trauma is defined as an acute personal wound or injury requiring immediate care. Between 1401,000 and 160,1700 trauma relaxed deaths occur nationwide every year. For each death,at least two permanent disabilities occur,leading to a great loss of productivity and enormous disability costs. The total annual cost of accidental death and disability in the United States is estimated to exceed$1101 billion.. Despite the staggering lass of life,productivity and great cost to our society,trauma remains "the neglected disease". For trauma victim,medical treatment within one hour,often referred to as the "Golden . our",can.prevent 20-30 percent of potential deaths and dramatically reduce hospitalization times. Nationwide,helicopter air ambulance programs are a key vehicle in delivering thousands of trauma victims to trauma centers within the "Golden Hour". f Frequently,patients accepted by a hospital for routine care can deteriorate or develop complications requiring immediate transport to another hospital for specialized treatment. Ground ambulance services are not normally staffed to provide the level of patient care required of many critically ill patients. C.omrnitments to county emergency services often limit ground ambulance availability. Patient time outside',the hospital environment and the level of patient care required,are important transport considerations. Critical Care Transport requires transport medical staff to maim proficiency in a I myriad of patient disciplines. Federal OBRA/COBRA legislation passed in 1989 and 1991 place the responsibility for patient transports clearly on the sending hospital. physician. Yet,a lack of physicians and nurses for transports at the sending facility can cause signet delays in transporting patients to receiving hospitals for urgently needed specialty care. As the medical industry continues to face increased competition and pressure to limit charges,median patient condition prior to transport continues to deteriorate. This results in a need for immediate rapid transport of patients between hospital facilities that frequently can only be met by helicopter ambulance. 11. THE COMPANY & MISSION.- CAALSTAR is a Mand alone 50I(c)(3)non-profit organization founded in June 1983. The mission of the company is: "TCS PROVIDE RAPID AIR TRANSPORTATION, QUALITY MEDICAL CARE AND EDUCATION IN ORDER TO SAVE LIVES, REDUCE DISABILITY AND SPEED RECOVERY OF VICTIMS CSE TRAUMA AND ILLNESS" III. PROGRAM OBJECTIVES A. To provide a medical transportation system available on a 24-hour basis that brings rapid, on-site medical care to critically-ill and/or injured patients. E. To transport those patients from the scene or from community medical facilities to specialized treatment centers for definitive care. C. T 0 specialize in the air transport of pediatric patients. D, To provide the Northern California medical emergency services community with specialized education and training in the initial resuscitation, stabilization and transportation of critically ill and critically injured patients. E. To provide a cooperative,nonprofit health care organization model to be utilized in other parts of California and the nation. F. To provide County Emergency Medical Services Agencies of California.., assistance and input in developing appropriate helicopter ambulance utilization regulations,coordinated with other County EMS pre-hospital care resources. G. To provide educational programs for training first and second responders:in helicopter operations, pre-hospital care and preparation of critical trauma patients for transport to Trauma Centers. Education and familiarization programs are also available for departments of both sending and receiving hospitals. IV. MEDICAL CONTROL, PROCEDURES, & QUALITY ASSURANCE Medical.Control is provided by CA.LSTA1 's Medical Director. Nurses provide care under CALSTAR's Medical Control in accordance with the California Nurse's Practice Act of 1974. Care is provided in accordance with company procedures,protocols and standardized procedures 'Pape-7, (expanded roles). All of the medical care provided by CALSTAR comes under close scrutiny in the organization's Quality Assurance Program which is protected under section 1157.5 of the California Evidence Code. Medical Control for "91.1" scene transports is established by agreement with each county. V. AVIATION AUTHORITY Most helicopter ambulance programs contract for flight operations with an outside vender. CALSTAR operates under its own FAA fart 135 Air Carrier Certificate and is directly responsible to the FAA for all aspects of flight operations and aircraft maintenance. By operating under its own certificate,tighter control is maintained over crew training and aircraft maintenance areas. This results in unproved crew teamwork,reduced aircraft downtime, improved ma-na e ent and better communications, all of which contribute to mer operations. CALSTAR operates four helicopter ambulances,all MBB BCS-105 "Jetstar" heliolaters. "These twin turbine helicopters combine high performance and quietness of operation with reliability and economy. These characteristics have made this aircraft very popular with helicopter ambulance programs around the world. . THE ORGANIZATION A. Organizational Model CALSTIAR was the first public nonprofit helicopter ambulance supported by a consortium of corporations and hospitals in the nation. CA.LST'AR's organizational model was developed to avoid the cost inefficiencies inherent in many hospital based helicopter ambulance programs. Helicopter ambulance programs operated by single hospitals invariably become loss leaders for those institutions with other patients subsidizing the revenue loss. CALSTAR was designed in anticipation of continuing cost containment trends in health care reimbursement that are impacting existing helicopter programs. As insurers have attempted to reduce payments for patient transportation by helicopter by adopting more stringent medical necessity criteria, or capping payment rates, single hospital programs face termination, consolidation, or shared support relationships similar to CALSTAR. B. Flight Crew A Pilot and two critical care Flight Nurses(RN's)make up the normal CALSTAR flight crew. Pilots have a minimum of 3000 hours of turbine helicopter flight time. Flight Nurses have three to five years experience in either an intensive care unit or emergency room and most have prehospital care experience prior to joining CALSTAR. All Flight Nurses undergo an intensive course(didactic&clinical)in aeromedical transport,pediatrics,basic trauma life support and prehospital care prior to commencing flight duties. Flight Nurses are rewired to maintain certification as a Certified Flight Nurse(CFN),Critical Care Registered Nurse(CCRN), Advanced Cardiac Life Support(ACLS)and Pediatric Advanced Life Support(PALS). Pape-3 CALST'AR's flight crews respond from fixed bases in Concord, Gilroy and Auburn California. C ' TAR`s headquarters is at t: airport in Hayward, California. All ac nistration, maintenance and training facilities are at Hayward,central to the region. Temporary bases are used during seasonal weather or to meet unusual mission requests. D. .Education & Training To enhance safety in "911" scene operations CA.LST`AR provides a comprehensive training program in aircraft operations to fire departments, law enforcement or other first responding agencies in the "911" emergency system throughout California. This training includes such subjects as: Aircraft safety ?patient preparation for transport • Landing zone selection and control +� Patient Loading requirements Programs in preparation and receiving of aeromedical patients are available to all hospitals using CALST'AR. ,Similar programs in helicopter operations as well as education and training on the management of critically ill/injured patients are provided to ESS ground ambulance responders throughout CALSTAR's area of operations. E. Additional and S ecialized Trans ortation CALST'AR provides helicopter transportation for medical teams and supplies. Member hospitals may also participate in the development of specialized transportation programs for neonatal, transplantation or cardiac patients requiring special equipment and medical personnel. F. Corporate Structure California Shock Trauma Air Rescue(dba) CAL,ST"AR,is a California.nonprofit public benefit corporation founded.in 1983. Manning and development funding was provided by the McKesson Corporation and other Bay Area organizations. Present ongoing support funding is provided by public and corporate contributions and member hospitals in Northern California. The CALST'AR organizational structure will support many member hospitals as well as corporate and individual members. CALSTAR manages the majority of the components of the program and subcontracts some for economic reasons. Organizational components include: 1. Administration 2. Medical Direction 3. Program Management 4. Aircraft Maintenance Pave:-4 paw.- 5 JUL, q, 1998 3 2 It P' GILOR"t 01D BELL 816 931 7599 y0, 9162 P, 1/6 Gilmore & Bell A PROI:ESSIONAl CORPORATION ATTORNEYS AT LAW ST. LOUIS OFFICE KANSAS CITY OFFICE WICHITA OFFICE SUITE 2350 700 WEST 47TH STREET ONE MAIN PLACE ONE METROPOLITAN SOUARE SUITE 400 SUITE 800 ST, LOUiS, MISSOURI 83102 KANSAS CITY, MO 64112 WICHITA, KS 67202-1398 314-436-1000 816.931-7500 316.267-2091 FACSIMILE 314-436-1166 FACSIMILE: 816-931-7599 FACSIMILE: 316-262-6623 FACSIMILE COVER SHEET MPANY/FIRW 'ENT; 0' TE:LF_C0'PI5R.* L , Laura Wa2ner Lockwood I Contra Costa Count j - 11-925-335-1098 NAME OF ISSUE; Public Hearing--August 4; 1998 proposed data for CALSTAR SENDER' Janelle Jackson FILE NO. K103868 NO. OF PAGES: (with cover page) OPERATOR: Janelle Jackson DATE: 7-9-98 COMMENTS". Enclosed is ;k NQ Lice otFub _@rlgolq iqn iftresp -referenced project _Lqj_ _qct to the above k7 -;T 9 ' i-na &0 a 47t We are asking that the Board of Supervisors hold a public nearing on ) ugus 1�, resolution in the form attached. In order tomeet notice of public hearing must hgj_pub1igbg4 _411=1=LnewsaLa=p ap _ jArior to pthe hear=" Please review the Notice and advice us of the missing information and the newspaper ih__Wkh you wish this notice to be published as soon as possible, My toll-free telephone number is 1-877-635-3993. Thank -jou for yqur help. The NFORMATIONNW,ERIALS ENCLOSED WTH THIS FACSIM11LE ARE PRIVILEGED AND CONFIDENTIAL, APE­rmE PROPERTY OF THE SENDER AND ARE INTENDED ONLY FOR THE USE OF THE INDIVIDUALS) OR ENTITY(izs) NAMED ABOVE, BE ADVISED THAI'IF YOU ARE NOT THE INTENDED RiECIPM147, ANY UNAUTHORIZED DISCLOSURE, COPYING, DISTRIBUTION OR THE T AYJNG OF ANY ACTION iN RELIANCE UPON THE CONTENTS OF THIS TRANSMISSION IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS FACSIMILE TRANSMISSION W ERROR, PLEASE CONTACT THE SENDER IMMEDIATELY AT THE ABOVE PHONE NUMBER TO ARRANGE FOR R. E7URN OF THE FORWARD50 DOCUMENTS, SENT: 1U,, 9 1993 3; 22EIM GILi�OEE AND FELL 8!6 93I 7599 N0 912 P, 2/6 Gly,moRE & BEL-L A P440FESSIONALCORPORATION ,ATTORNEYS AY LAW ONC METF200M.4YAN NOVAR5 700 WEST 47TPf STREET,Shu rre.400 ONS M44N i6tiGS `at f;N.9A0^ WAY,SUITE 2350 Nd 10 KANSAS L`iYY, hflSu�'G1 L3 R+ $4t S?-ISO's 4: r7Tk MAIN,Git4YE Ac0 i.�r 4%S.r.MiSSGURs 03tt5,7=6733 WICHITA,%AMtA.,fi°'072 2-130* 34A-436-iWO $B e-'ds i-7so0 3tC-Eel=%cp1 VACti M ILE.316f 262-93 E3 s'Ai"»Sie+r rt.C:9+@'931=7BB$ July 9, 1998 VIA'1 LLECOPY Ms. Laura Wagner Lockwood Director, Capital l acidties and Debt Management County of Contra Costa 651 pine Street, 11th Moor Martinez, California 94553 Re: Public Heasing for California Statewide Communities Development Authority—California Shock Trauma Air Rescue(CALSTAR) Lear Ms. Lockwood: We have enclosed a form of the Notice of Public Hearing and the resolution of the Board of Supervisors of the County of Contra Costa, California(the "Local Government Participant")with respect to a financing to be accomplished through the California Statewide Communities Development Authority (the "CSCDA"). In addition, set ford below is a brief summary of the bads for the power of the CSCDA to accomplish the financing, as well as the action required to be undertaken by the Local Government Participant„ as a program participant of the CSCDA, in order for the financing to proceed, The CSCDA structures its financings so that neither the CSCDA,nor the Local Government Participant will be subject to pecuniary liability, Pursuant to the Joint Powers Act, comprising of Article 1, Article 2 and Article 3 of Chapter 5 of Division 7 of"Title i (commencing with Section 6500) of the Government Code of the State of California., a number of California cities and counties, including the Local Government Participant ("Program Participants"), have entered into a joint e%ercise of powers agreement (the "Joint Powdrs Agreement") under which the CSCDA,was organized. `I'lie CSCDA is authorized by the Joint Powers Aareement tb is,suc bonds, notes or other evidences of indebtedness,or certificates of participation in leases or other financing agreements, in order to promote economic development. The CSCDA is also authorized, by a resolution adopted March 21, 1991, to issue bonds, notes or other evidences of indebtedness, or certificates of participation in leases or other agreements to f riance or refinance facilities owned and operated by organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986 and which are determined by the CSCDA to satisfy the � c �• oto »rRe c;p.�rr7ocs("7) J�1I. 9 i998 3.22M, IGILMORR IND BELL 816 931 7699 NO. 9162 R, 3/6 - criteria set forth in the resolution, In 1991, the California Superior Court entereda judgment validating the resolution(and therefore the CSCDA's authority to act as an issuer in Section 501(c)(3)francirgs). Pursuant to the Joint Powers Agreement, the CSCDA, 'will not approve a financing unless the govext ing body of the Program Participant in whose jurisdiction the project is located or is to be located approves The project and the financing of the project. Furthemore, Section 147(f) of the Internal Revenue Code of 1986 requires that the proposed financing be approved by a governm=tal :snit having jurisdiction over the area in.which the project to be financed is located or is to be located. A financing will be treated as having been approved by a goverruntnental unit if it is approved "by the applicable elected representative of such governmental unit after a public harping following reasonable public notice." be foregoing v6ll be satisfied if the Board of Supervisors of the Local Government Participant holds a public hearing on August 4, 1994, or a date specified by the County(after at least 14 days prior published notice) and approves the project and the financing. Again, although the Focal Government Participant would be approving the financing for the purposes of federal tax law and the Joint Powers Agreement, the Local Govemment Participant would not have pecuniary liability with respect to the financing. If you wish, we will arrange for the Notice of Public Hearing to be publish4d prior to the hearing. Please call gas as soon as possible to discuss the Notice and the :newspaper in which you wish to publish this notice. Thank you for your help. Please call if you have any questions or need anything furrther. 'fiery truly yours, anelle K.Jackson Legal Assistant Enclosure GxxM-OTtr,-&CBV x7 ,,-p.C. JUL, 9, igglP ELMORE IND BELL 816 931 7599 NO, 9i52- P, 4/6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that at __,m. on August 4, 1999, at the Contra Costa County Adrriinistration Building, 651 Pine Street, Martinez, California (the "County"), will conduct a public hearing concerning the proposed execution and delivery of an Installment Purchase Agreement by the California Stattwide Communilties Development Authority (the "Authority") under which the Authority will incur tax-exempt obligations in an amount not to exceed S5,000,0001(the "Obligations")to provide for the acquisition of air rescue helicopters and related property (the "Equipment") and to pay related expenses. Ile Equipment will be owned and used by California Shock Trauma Air Rescue, a nonprofit public b=flt corporation described in Section 501(c)(3) of the Internal Revenue Code of 1986, and will bc. located at (i) 20876B Corsair Boulevard, Hayward, California 94545, (ii) 177 John Glenn Drive,Dri Concord, California 94520, (iii)590 Cohansey Road, Gilroy, California 951020, (iv) 13750 Lincoln Way,Auburn,California 95603, and(v) 1407 South State Street, L11kiah, California X5482. Neither the faith and credit nor any taxing power of the County, the Authority, the State of California(the "State") or any other political corporation, subdivision or agency of the State is pledged to the payment of the principal of or premium, if any, or interest with respect to the Obligations,nor shall the County, the State or any other political corporation, subdivision or agency of the State be liable or obligated'to pay the principal of or premium, if any, or interest on the Obligations. ne public hearing is intended to comply with the public approval requirements of Section 147(f) oftlie Internal Revenue Code of 1986. Those wishing to comment on The Installment Purchase Agreement, the Obligations or on the nature and location of the Equipment inay either appear in person at the time and place indicated above or submit written comments, which must be received prior to the public hearing, to the County C/o at the address indicated above. Dated: July , 1998. lsJ Name: Title: Contra Costa County, California CSM1140IMPARTIMPANTDOCS W01t) PROOF OF PUBLICATION { ,�, , county+ Administration Build- (2015.6 6..1 Pine Street #o0 ?t37,hRartI ax,�alifornla,(tho STATE OF CALIFORNIA Ill heoc>ndmi a pub- STATE Ill hsarfrtg concerning the Cpprrooposed execution and de-1 of Contra Costa r#Nery of an installment Pur-33 al- I am a citizen of the United States and a resident of the chase Agreement by the wide t ifornla Statewide' County aforesaid, l am over the age of eighteen years, borrmunwes . Development and not a party to or interested in the above-entitled Authority(the'•Authority'°3url- matter. cur r tax-er tenemAuthority, if in- xept cabflgat,ons In amount hot to $x�ooed I am the Principal Legal Clerk of the Contra Costa Times, I�n 000,000 (ttte "col#ga- a newspaper of general circulation, printed and published tions'*)to provide for the ac- at 2644 Shade#ands Drive in the City of Walnut Creek, qu#altion of air rescue heli- County of Contra Costa, 94598. i(thedopsand related property l(the"Equipment")and to pay related expenses.The Equip- And which newspaper has been adjudged a newspaper ofgent Mi be owned and used general circulation by the Superior Court of the County of i by Cal#forma Shock `rooms Aar Rescue,a nonprofit public Contra Costs, State of California, under the date of benefit corporation described October 22, 1334. Case Number 197614, in Section 501 ( o of the In- terrza#Revenue 8 of 1938 The notice,of which the annexed is a printed copy (set in and will be located at (#!l type not smaller than nonpareil), has been published in Haran Corsair Boulevard p p alaywaxd,California 34545,(i#j each regular and entire issue of said newspaper and not 177 John Glenn Drive, Con- in any supplement thereof on the following dates,to-wit: cord, California 94520, ,III) 690 Cohansey Road, Gilroy, California 350520 (;v) 1.3750 July 21 Uncolr!Way,Auburn Ceal#for- Sltate Street,Ukiah ,Callfornio )1467 South all in the year of. 139$ 34582, certify (or declare) under penalty of perjury that the Nether the faith and credit foregoing is true and correct. nor any taxing power of the County, the Authority, the Executed at Walnut Creek, California State of California (the On this 21 day of July 1998 Stats"1 or any other ion cal i oorporatron 8u#�dW#a'son or 4 envy of that State Is i' l '. ........, ?,..,....,.. �adGed,to the Payment of s pdnc�as#of or premium,it: $ l any, or Interest with respect 1 i to the Obligations, nor SnSP: Contra Costa Times the County, the State lir any; P 0 Box 4147 other political corporation, Walnut Greek,CA 34S3S subdivision or agency of the Wain t Creek,C jj State be liable or obligated o pay the principal of or promi- um if any,or interest on the Proof of Publication of: Obllgatlons, (attached is a copy of the legal advertisement that The public hearing is intent-1 published) ed to comply witty the pubs#c approval requirements of Section 147£fI of the lrternai Revenue Come of 1986'. Those wishing to oornment on the #natal#moat Purchase 1 Agreement, the Obligations{ or on the nature and location l of the Equipment no y either' appear in person at t#4e time and place Indicated above or submit written comments, E`E which must be received prior f to the public hearing, to the II County cio Laura LOCKwoorl, (County Adm#n;strator's Of- floe, ffloe, Telephone 826-335-1013, at the ad- dress Indicated above. E#dated:July 21., 1958 i Phil Batchelor, County Ad- NOTICE OF s minfstrator and Clerk of the PUBUC HEARINQ Board of Supervisors BOARD OF SUPERVISORS ORS >3y:Ann Carvell,Ohio'ClerkCONTRA COSTA COUNTY Contra Costa Ctvanty,Oallfor- NOT10E IS HEREBY Gi,+EIV nia that at 11.00 aim,on AufjLtsi La a CCT 3804 4, 1998 at the Contra,Costa Pu llsh July 21,1998 f