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HomeMy WebLinkAboutMINUTES - 12192000 - D5 TO: BOARD OF SUPERVISORS _ ,y CONTRA COSTA FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR y;�W COUNTY DATE: December 19, 2000 SUBJECT: CALIFORNIA SHOCK TRAUMA AIR RESCUE FINANCING SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECC?MMENPA'I LON(SI.- I. Hold a public hearing can the proposed financing of the California Statewide Communities Development Authority. 2. APPROVE the obligations to be undertaken by the California Statewide Communities Development Authority to benefit the California Shock Trauma Air Rescue (CALSTAR) in an amount not to exceed $2,276,000 for air rescue helicopters, other rescue equipment and related property. (Resolution No. 2000/577) BACKGROUND: As of June t, 1998, the County entered into a Joint Powers Agreement to provide financing for the purchase of air rescue helicopters and related equipment. These obligations are issued by the California Statewide Communities Development Authority. The County is not liable for repayment of any part of the debt service associated with these obligations. The financing will be used to purchase a Sell 222 UT helicopter that will be located in the County of Contra Costa at the Buchanan Meld Airport. CONTINUED ON ATTACHMENT: YES SIGNATURE: ECOMMENDA TION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE OVE OTHER SIGNATURE(S)^ ACTION OF BOA"010 APPROVED AS RECOMMENDED OTHER t See Addendum for Board action VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ASSENT '� I TRUE AND CORRECT COPY OF AN AYES NOES: ACTION TAKEN AND ENTERED ASSENT: ABSTAIN ON MINUTES OF THE BOARD OF *District V Seat Is VAcant SUPERVISORS ON THE DATE SHOWN. ATTESTED December 19, 2000 PHI! BATCHELOR,ffCERK OF THE RD OFSUSORS BY DEPUTY Contact: Laura Lockwood, CAO—Capital Facilities and Debt Management 5-1093 cc: CAO – Capital Facilities & Debt Management RESOLUTION NO. 2000/577 A RESOLUTION APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Local Government Participant: County of Contra Costa, California Issuer. California.Statewide Communities Development Authority Borrower; California Shock Trauma Air Rescue, d/b/a.CALSTAR or an affiliate Equipment: Air rescue helicopters, other air rescue equipment and related.property Maximum Principal Amount: $2,275,000 Public Hearing Date. December 19, 2000 WHEREAS, the Borrower has requested that the Issuer issue its nates, bonds or any other evidence of indebtedness (the "Obligations") in an aggregate principal amount not expected to exceed the Maximum Principal Amount for the purpose of providing funds for the financing of the Equipment and related costs located or to be located in the jurisdiction sof the Local Government Participant;and WHEREAS, the Issuer has requested that the governing body of the Local Government Participant approve the issuance of the Obligations and. the Equipment 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 June 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 issuance of the Obligations and the Equipment,and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Obligations and the Equipment 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 issuance of the Obligations and the Equipment are hereby approved for the purposes of Section 147(f)of the Code and Section 9 of the Joint Powers Agreement. esena-E01Da-PART1C1?ANT:) (We7) RESOLVED FURTHER, the Clerk of the Local Government Participant shall certify the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. The undersigned hereby certifies that the foregoing resolutions was approved and adopted by the governing body of the Local Government Participant this l9`s day of December, 2000, by the following vote: AYES: Sjjpgryisors Gioia Uilkema DeSaulnier and Gerber NOES: None _ A.BSTAINT: None ABSENT: District V Seat Is Vacant; Phil Batchelor [SEAL] Cleric of the Board of Supervisors of Contra Costa.County 3 By Deputy CiCDA-EOIDI.PAR:SCSPA7"t'S50C,S(819'7) ®2' 'aF CORNIA MM TIES November 29, 2000 VIA FACSIMILE (925) 646-1228 AND REGULAR MAIL Ms. Laura Lockwood Capital Facilities/Debt Management Director County of Contra Costa County, Administrator's Office 651 Pine Street, 61h floor Martinez, CA 94553 Re: Public Hearing for the California Shock Trauma Air Rescue dba CALSTAR Dear Laura: As we discussed, California Shock Trauma Air Rescue dba CALSTAR, a non-profit public benefit organization (the "Applicant"), has submitted to the California Statewide Communities Development Authority (the "Authority") an application (the "Application") for the financing of an air ambulance helicopter (the "Project") in an amount not to exceed $2,275,000 of tax-exempt obligations. The Project will be located in the County of Contra Costa. The purpose of this letter is to request the assistance of the County of Contra Costa in conducting on Tuesday. December 19. 2000 a public hearing with respect to the proposed financing. As you are aware, the Authority is a joint exercise of powers authority consisting of numerous California cities, counties and special districts, including the County of Contra Costa. The Authority pursuant to its Amended and Restated Joint Exercise of Powers Agreement is authorized to assist in the financing of facilities for non-profit public benefit organizations, including the Applicant In order to initiate such a -mancing, the member participant of the Authority in which the proposed facilities will be located must (i) conduct a public hearing and (ii) approve the Authority's issuance of indebtedness. Therefore, although the Authority will be the issuer of the tax-exempt obligations for the Applicant, the financing cannot proceed without the approval of the County of Contra Costa. I have attached for your review the Application filed by the Applicant with the Authority. You will be receiving shortly a letter from Janelle Jackson of Gilmore & Bell, bond counsel to the Authority, describing the public hearing process and the requirements under state and federal laws, including the Tax and Equity Fiscal Responsibility Act ( _,FRA). This letter will also include for your review the form of Notice of Public Hearing and the form of Board of Supervisor Resolution evidencing the County's approval of the financing. Bond Counsel, at your option, can coordinate for you the publication of the Notice and the adoption of the Resolution. s y: Cal. o-__�a StatAssociazion of Co _ C" 6 i 2 . 75 N . ._�_ $'vk C +tea c �s 3.>227 s25.433.� 7 9 _ _. C .j. x -2— November 29, 2000 Thank you for your assistance in this matter. Please let me know if you require any additional information concerning the scheduling of such public hearing or if I can be of any other assistance. Very truly yours, � — Michael LaPierre Enclosures cc: Janelle Jackson, Gilmore &Bell (816-22.1-1018) Ann Cervelli, Clerk of the Board of Supervisors (925-335-1913 Frrstrr:Cajfornia Communities Ta:Jae Cook Date:eft WO Time:4:17:08 PM Nge 2 of 3 Non-Profit Financing Application APPLICANT INFORMATION Borrower Name: California Shock Trauma Air Rescue dba CALSTAR Primary Contact: Joseph F.Cock Title: President & CEO Street Address: 20876B Corsair Blvd. ! City: Hayward State: CA _ Zip Code: 94545 Telephone: ( 510)887-3063 Fax Number: ( 51 0) 887-3185 E-Mail: CALSTAR 6 @ aol.com Type of Non-Profit Health Care E. Education (l Other(specify): Services Offered: Helicopter Ambulance PROJECT DESCRIPTION COST TO BE FINANCED ADDRESS OF PROJECT SITE: Land: $ Building: $ Equipment: $ 1 ,750 , 00"' ,750 00„_ Same TOTAL: PUBLIC BENEFIT SUMMARY Please describe the public benefits your project will create. F Bell 222 UT helicopt-er that once modified willbe used in our nonprofit mission.This helicopter will be used to transport seriously ill &injured patients to needed medical care. ADDENDUM TO ITEM D.5 DECEMBER 19, 2000 On this date the Board of Supervisor held a hearing on the proposed financing of the California Statewide Communities Development Authority. Laura Lockwood, County Administrator's Office, presented the report on the item commenting that this hearing was required under Federal tax law and that the Board was a conduit issuer for the California Statewide Community Development Authority, a joint powers authority for the League of Cities and the California Association of Counties. Supervisor Uilkema requested clarification that there were no County obligations or costs in the future anticipated as a result of this action today. Ms. Lockwood confirmed that there were none. Supervisor DeSaulnier commented on opportunity for discussion with operators relative sensitivity to the noise issues, and he moved the recommendations. Gilmore & Bell ATTORNEYS AT LAW SUITE 1100 810-221-IOM THE 3�TItiiIkNATAK"S MIC41MM AS A PASIT Of T f U 7RAM$kU$Wa% A*6 PVA ATS rOURDSBEff L JOEINIMi PROPERTY OF TWE ARE�FD Y FOR Tl*[ice OF THE€�OMI AIM OR ITY NAMED WLR AUVISED THAT IF ARE NOT T!*DIT REC�iF.�iT,MY UNWT1 l60 DISC1:E M COPY10. ONION ON THE TAK1>*ielt OF AMY ACTION I*RIUMet COTS OF IMS TRA UU#18 UNCTLY PtiTtiHOT1D. If YOU RMWE T413 FACSIMILE TRANSM 1N FOW PHEW CONTACT TK Facsimile Transmission From: Name: Janeelle Jackson Fax Number: (815) 221-101 Voice Rhone: 18163 221-1000 To- Name; Ann Cervelll Company; County of Contra Costa fax Number: 1-925-335-1913 Voice urine: Fax Notes: Good morning. Enclosed is the notice we have arranged to published €n your newspaper on T uesday as we discussed. Also enclosed is a Fetter from our firm requesting this hearing, together with the form of resolution to be adopted by the Board of Supervisors on the Toth. i with also fax these items to Laura Lockwood at the County. Thanks toe your belga on this project. Please call 1f you need anything further. Dates and time of transmissions: Monday, December 04, 2000 11:41-.00 AM Number of pages including this coven sheet; 07 NOTICE OF PUBLIC HEARING BOARD OF SUPERVISORS CONTRA COSTA COUNTY NOTICE IS HEREBY GIVEN that at 11:00 a.m. an limber 19, 2000, at the Coate Costa County Administration Building, 651 Pine Stred, Room 107, Martinez, California(the "Counry"), will conduct a public hearing ccacaning the proposed d issuancae by the C ahfbrnia Statewide Cominunitics Development Authority(the"Issuer")of its tax-exempt obligations in an regate principal ani.nt not expected to exceed$2,275, (the"Obligations'). Proceeds of the Obligatiom and to be made available to California Shock Trauma Air Rescue, a nonprofit public beneft corporation described. in Section 501(cX3) of the Internal Revenue Cade of 19K or an affiliate (the "Borrower") pursuant to a Loan Agrmnent(the"Agr ")to provide;for the mooing or refinancing of air rescue helicopters,other air rescue eWipmwt and related p (the "FAIWpnusit")and to pay related expenses. The Equipnvnt will be loomed at ft following addresses; (i)20976B Corsair Boulevard,Hayward,+Calif€t is 94545,(ii) 177 Jcjhn Gkvm Driva, Co"cor<k Calyx !D4s D, (iii)390 Cohamey Road, Gilro% California SISf>20, (hr) 13750 coin Way, Auburn, California 95603, and(y} 1407 South State Stmt,Iii, 'California 95482, and will be owe'by the Borrower, The Obligations will be paid entirely from repayments by the Borrower under the Agreement. Nether the faith and creme nor any tam mer of the Cly, the Issuer, the State of California (the "State°)or any other political wiporation,subdiv-sion or agency of the State is pledged'tothe payinent of the principal of or prawdum, if any, or intent an the Obligations, nor shall the Com,the State or any other pelitioal corpcsration, subdivision or agency of the State be liable or obligated to pay the;principal of or praniurn,,ifany,or interest on the Obligations. The public hem is intendcd intendto cornply with the public approval roquirancats of Secticii 147(1) ofthe hiternal Revere Code of 199,6, Those wishing to comnumt on the proposed nature and location of the Equipment and the financing of the Equipnwa t with the prDeceds of the Obligatims may either appear in person at the time and ply indicated above or submit-written comments,vduch must be received prior to the public"h to the County c/o ]Laura. LockNvood, Com Adminis ores Offi , Telephone 925-335-1093, at the address indicated above. Hated: member 5, 2000. Phil Batches or,County Administrator and Cly of the Board of Supervisors By Ann Cervelli.Chief Cl l --. Cordra:Costa County,California RESOLUTION NO. A RESOLUTION APPROVING THE ISSUANCE OF TAXEMPT OBLIGATIONS BY THE CALIFORNIA S'T'ATEWIDE CG1VI11IUNI'I"I I}EVEI OPI fENC AUTHH9R1W Lail Government Participant: County of'Contra Cestan,California Issuer* California Statmide Conummities Develcpment At rity Borrower: Califon i a.Shock Traunm Air Rescue,dr'bla.CALSTAR or an affiliate Equipment: Air rescue helicopters,otbar air rescue equipment and rimed prnpeztlr Maximum Principes Ant; $2,2'75,000 Public Hearing hate; Decenxber 19, 2000 WHEREAS, the Borrower has requested that the Issuer issue its nates, bonds or any other e-vidence of indebtedness (the "Obligatims") in an aggrqgatc pram ainount not erected to exceed the Maximum Principal Amount for the purpose of prcrviding funds for the fmawng of the Equipment and related costs located or to be loomed in the jurisdiction of die Local Govermnent PaAicig ;and WHEREAS, the Issuer has requested that the governing body of the Local Govermmt Participant approve the issuance of the Obligations and the Equipment in order to satisfy the public approval requiretrant of Section 147(f)of the Internal Re-venue Code of 1986, as amend(the'Code"). and the recluin~meits of Section 9 ofthe_Amended and Mated Joint Exercise of Powers A rectnent(the "Joint Powers Agreenwet"); dated as of June 1, 1988, arnon8 certain local agmcies, including the Teal Covermnent Parti ;and. WHEREAS,the Local Covernnie t PatucgmA held a public hearing on the Public Hearing Bate providing a reasonable opportunity for persons to went on the issuance of the Obligations and.the FAuipm t;and WHEREAS,it is intended that this resdufton shalt corattute the apprm-al of the isscMc a of the Ob igat ims and the Equipment required by Section 14'1(1) of the Code, Sion 9 of the Joint Powers ree neat and Sections 91530(f)ofthe Government Code ofthe State ofCaliforn NOW, THEREFORE, BE IT RESOLVED, by the governing bre of the Local Governmat Participant,that the issuance of the Obligplions and tits Fkluipmeatt are hereby approved for the purposes of Section 147(f)ofthe Col and Sectio 9 of the Joh Ptmws AgrawHrit. i�{�k4-uiil2?�?4Ei'R;igRFd3 tai f��?1 RESOLVED FURTHER, the Clerk of the Focal Goverment (Participant shall certify the adoption of this resolution,and th cefarth and thereafter the awnne shalt be in full farce and met, 'Me undersigned hereby certifies that the foregoing resolution was approved and wed by the governing body of the IxrAl Goverwrmmt Partici t dm W'day of twnber, 2WO, by the Mowing mete: AYl t : NOES., BSTALN- Phil Batchelor [SEAL] Clerk of the Board of Supervisors of°Coara.Costa Cay BY DeputY A'"Offf$IM AT%," ai?fL'-tf IMIZIIWl JACW mH¢Af O"OVILMWtl7.*w1re Itoo Wttt btE3t4 aKM.iG .@C1 Ha 6�L"LiTMTs 6vl[f'G► SJt4�3i9ne'.a Lf41P.49.tn'f.$ OP'98 i'�'�O$Yp 0001'iTi w4SvdPStY.Ya4Cd. Y7Y.�EA4ld�F Sdaabtf'.0[i *16�It a:-1600 8tWdssYr tom^ Tbi:ti4a%)5;3yN C19im* December 4, 20110 M T aLgg_QPY{,9.x:5-335-1913 Nis.Air Cervelh County Clerles Offxc Courcy of Comra Costa 651 Pine Street, I I`"F CKX Martinez,California 94553 Re: Public Hmmg for Ca,liforma Statewide Ccimm riities Development Authorky—Califomia Shock"Trema Air Rescue(iCALSTAR) Dear Ann: We have enclosed a form of the'Notice of Public Hearing and the resolution of the Board of Supervisors of the County of C=ra.Costa, California(the'Local Govemment Participant")with respect to a financing to be lished through the Califs is Statewide Communities Developirient Authority (the„C SC 13A"), In addition, sett forth below a brief summary of the basis for the power of the CSCDA to lista the fain. , as well as the action required to be undertaken by the Local Gavernmat Prarticiparat, as a program participant of the CSCDA, in order for the finaming to pig. The CSCDA steres its financings so that neither the C SCUA nor the Local Government Participant will be subject to pecumary liability. Pursuant to the Joint Powers Act,comprising of Article 1, Article 2 and:Article 3 of Chapter 5 of Divisim 7 of Title I (commencing with Section 61500)of the Government Code of the State ofCalifbmia,, a number of California cies and sonnies, including the Local Government Participant ("Program Participantall have ertered into a jet exercise of powers agreement (the "Joint Power est") under which the CSCDA was organized, 'Te CSCDA is rued by the Joint Powers Agreernent to issue bonds,notes or other evidences of indebwdraess,or cmtificates of participation m leases or other financing agreements,in order-to pro mate ecortomic developmert. Ilic CSCDA is also authoriz4 by a resolutions adopted March 21, 1991,to issue bons, rimes or other evidwcas of mdebtedisess, or certificates of participation in leases or other agreenxmts to finance or refinaxim fzcilties owned and operated by orgartizations described in Section 501(cX3)of the Intertial Revenue Code of 1996 and which are determined by the CSCDA to satisfy the feria set forth in the resolution. In 1991, the California Superior Court entered a judgment validating the resolution(and therefom the CSCDA!s authority to act as an issuer in Section 501(c)(3)fina ings). Pursuant to the Joint Powers Agreonent, the CSCDA will not approrve a Being unless the governing b of the Pr ran Participant in why jurisdiction the project is luted or is to be lead approves the project and the Bing of the project. Furthermore, Section 147(f) of the Internal Revenue Com of 1986 reWirus that the proposed finaming he approved by a govennnental unit having jurisdiction over the area iia which the project to be finan, ed is luted or is to be located. A financing will be treated as having been approved by a goverr}mental unit if it is approved "by the applicable elected mpresentative of such governnxental unit after a public hearing following reasonable public notice." The foregoing will be satisfied if the Board of Supervisors of the Local Governmart Participant holds a public hearing on 1 ober 19, 00(aft at least 14 days prior published notice)and approves the prcIcct and the facing. Again,although the Local Govemwimt Participant would be approving the finances for the purposes of federal tax lave and the Joint Powers the Local Govenunem Participant would not have pecuniary liability;with rmped to the financing. 7 have arnvVed for publication of the Notice of Pubfic Hearing in your lm=l newspaper to occur on Tuesdays, December 5. We will send,you an affidavit of`plication of the Notice of Public Hearing after we receive the sere. Pleasefix and rail to us a signed coff of the resolution as soon as it is available. 'Thank you for your help. Please call if you have any questions or need anything ferther. Very truly yam. is/J !W.11e K. lack Legal Assistant Fmcicsure tee' e� 3 y CLFC �. € COMMUNITIES November 29, 2000 VIA FACSIMILE !9251 646-1228 AND REGULAR MAIL Ms. Laura Lockwood Capital Facilities/Debt Management Director County of Contra Costa County Administrator's Office 651 fine Street, 6th Floor Martinez, CA 94553 Re: Public hearing for the California Shock'Trauma Air Rescue dba C ALSTAR Dear Laura: As we discussed, California Shock Trauma Air Rescue dba CALSTAR, a non-Profit public benefit organization tithe "Applicant"), has submitted to the California Statewide- Communities tatewideCornmunities Development Authority (the `Authority=") an application (the "Application") for the financing of an air ambulance helicopter (the "Project") in an amount not to exceed $2,275,000 of tax-exempt obligations. The Project will be located in the County of Contra Costa. The purpose of this letter is to request the assistance of the County of Contra Costa in conducting on Tuesday. December 19 2000 a public hearing with respect to the proposed financing. As you are aware, the Authority is a joint exercise of bowers authority consisting of numerous California cities, counties and special districts, including the County of Contra Costa, The Authority pursuant to its Amended and Restated Joint Exercise of Dowers Agreement is authorized to assist in the financing of facilities for non-profit public benefit organizations, including the Applicant. In order to initiate such a financing, the member participant of the Authority in which the proposed facilities will be located must (i) conduct a public hearing and. (ii) approve the Authority's issuance ofindebtedness. 'Therefore, although the Authority will be the issuer of the tax-exempt obligations for the Applicant, the financing cannot proceed without the approval of the County of Contra Costa. I have attached for your review the Application filed by the .Applicant with the Authority. You will be receiving shortly a letter from Janelle Jackson of Gilmore & Ben, bond counsel to the Authority, describing the public hearing process and the requirements under state and federal laws, including the Tax and Equity Fiscal Responsibility Act (TIFRA). This letter will also include for your review the form of Notice of Public Hearing and the form of Board of Supervisor Resolution evidencing the County's approval of the financing. Bond Counsel, at your option, can coordinate for you the publication of the Notice and the adoption of the Resolution. Sponsored By: California State Association of Counties * League f California Cities 2175 N . Ca1Jfor?lia Blvd., Suite 550 Walnut Creek, California 94596 e 800.635.3993 9'25.933.9229 . Fax 925.933.8457 e Ern?i1: n f o@ca corn-im unities.corn a www.cacominunities.com -2— November 29, 2404 Thank you for your assistance in this matter. Please let ane knew if you require any additional information concerning the scheduling of such public hearing or if I can be of any other assistance. Very truly yours, PI:11�j(5�L V>IAJ� Michael LaPierre Enclosures cc: Janelle Jackson, Gilmore & Bell (816-221--1018) Ann Cervelli, Clerk of the Board of Supervisors (925-335-1913 From:Cakfomfa Comm it ivies To:Joe Cocain tufa:8/16= Time;4:17:08 P". Page 2 of 3 lows lElcn-Profit Financing Application APPLICANT INFORMATION Borrower Nam. California Shack Trauma Air Rescue dba CALSTAR Primary Contact: Joseph F.Cook ! Title: President & CEO l Street Address: 20876E Corsair Blvd. CRY: Hayward State: . CA Zip Code: 94545 Telephone: ( 510)887-3063 Fax Number: ( 51 0) 887-3185 E-Mail: CALSTAR 6 @ aol.com Type of Non-Profit Health Care [I Education Other(specify): Services Offered: Helicopter Ambulance a L PROJECT DESCRIPTION F-- COST TO SE FINANCED ADDRESS OF PROJECTSITE: Land: $ Building: $ Equipment~ $ 1 17 0 t30. same TOTAL: i PUBLIC BENEFIT SUMMARY i Please describe the public benefits your project vtill create. Bell 222 UT helicopter that once modified willbe used in our i f nonprofit mission.Th.is helicopter will be used to transport seriously ill &injured patients to needed medical care.