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Resolution 12234CITY OF ALAMEDA RESOLUTION NO. 12234 CONDEMNING THE EXCESSIVE COMPENSATION FOR THE UNIVERSITY OF CALIFORNIA CHANCELLOR RETIREMENT BY THE UNIVERSITY OF CALIFORNIA BOARD OF REGENTS WHEREAS, on March 20, 1992, Regents of the University of California ("Regents") unanimously approved an agenda item pertaining to retirement and severance benefits for David P. Gardner as President of said University, after approval of the item on March 19, 1992 by the subcommittee of Officers Salaries and Administrative Fund; and WHEREAS, the agenda item was not distributed to the Regents until March 19, 1992, the date the subcommittee met and only one day prior to the Regents meeting; and WHEREAS, the Regents had no opportunity to review said item before the subcommittee meeting and the agenda item revealed minor information regarding the monetary package; and WHEREAS, there were discussions in Closed Session to dissemble to the press and public the true facts; and WHEREAS, the clandestine agenda item was structured "In Strict Confidence", not to be disclosed until October 1, 1992; however, the substance of the action was disclosed by a Regent to Governor Wilson on March 23, 1992; and WHEREAS, the President receives additional housing allowance upwards of $35,000, club dues, a substantial entertainment fund, house maintenance, tax planning, automobile and driver services both in Northern and Southern California; and WHEREAS, with the present economic conditions of the State of California and students facing yet another 22% fee increase, faculty members living on frozen wages, perhaps even termination, granting President Gardner a $797,000 bonus on top of a $130,000 a year pension does not put the Regents in a favorable light with the public as to their charge of sound, prudent fiduciary responsibilities; and WHEREAS, funding for education is becoming more acute each year, serious questions are being asked as to the methodology and propriety as to the actions of the Regents during this very difficult period of dwindling budgets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda, that the Regents of the University of California is hereby requested to seriously consider rescinding their action taken at the Regents meeting on March 20, 1992, when they approved the severance and retirement benefits to the President of the University of California, David P. Gardner and return confidence and creditability to a most prestigious, venerable and respected institution. BE IT- FURTHER RESOLVED that this Resolution is to be forwarded to the Regents of University of California. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of April , 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of April , 1992. Diane . Felsch, City Clerk City of Alameda 11002-48 JiilIW:SRC;jeb •4/24/92 RESOLUTION NO. 12235 A RESOLUTION AUTHORIZING ISSUANCE OF BONDS CITY OF ALAMEDA Harbor Bay Business Park Assessment District 92 -1 Adopted April 21, 1992 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS; GENERAL Section 1.01. DEFINITIONS. . 2 Section 1.02. RULES OF CONSTRUCTION. 7 Section 1.03. EQUAL SECURITY. 7 ARTICLE II ISSUANCE OF BONDS Section 2.01. BONDS AUTHORIZED. 8 Section 2.02. UNPAID ASSESSMENTS. 8 Section 2.03. ISSUANCE OF BONDS. 8 Section 2.04. MATURITIES OF BONDS. 8 Section 2.05. INTEREST ON BONDS. 8 Section 2.06. DESIGNATION OF AGENT. 9 Section 2.07. FORM OF BONDS. 9 Section 2.08. PREPARATION AND DELIVERY OF BONDS. 9 Section 2.09. EXECUTION OF BONDS 9 Section 2.10. TEMPORARY BONDS. 9 Section 2.11. TRANSFER AND EXCHANGE OF BONDS. 10 Section 2.12. BOND REGISTER. 10 Section 2.13. BOOK -ENTRY ONLY SYSTEM. 10 Section 2.14. BONDS MUTILATED, LOST, DESTROYED OR STOLEN. 11 Section 2.15. REDEMPTION PRIOR TO MATURITY. 12 Section 2.16. REFUNDING OF BONDS. 12 ARTICLE III SALE AND DELIVERY OF BONDS Section 3.01. SALE OF BONDS. 13 Section 3.02. FURTHER AUTHORITY. 13 ARTICLE IV APPLICATION OF PROCEEDS OF BONDS; ESTABLISHMENT OF FUNDS Section 4.01. APPLICATION OF PROCEEDS OF SALE OF BONDS. 14 Section 4.02. IMPROVEMENT FUND. 14 Section 4.03. COSTS OF ISSUANCE FUND. 14 Section 4.04. REDEMPTION FUND. 14 Section 4.05. RESERVE FUND. 15 Section 4.06. ESCROW FUND. 15 Section 4.07. INVESTMENT OF FUNDS. 16 ARTICLE V COVENANTS OF THE CITY; TAX COVENANTS Section 5.01. COLLECTION OF UNPAID ASSESSMENTS. 17 Section 5.02. FORECLOSURE. 17 Section 5.03. NO ADVANCES FROM AVAILABLE SURPLUS FUNDS. 17 Section 5.04. PUNCTUAL PAYMENT 18 Section 5.05. NO PRIORITY FOR ADDITIONAL OBLIGATIONS. 18 Section 5.06. NO ARBITRAGE. 18 Section 5.07. REBATE OF EXCESS INVESTMENT EARNINGS TO UNITED STATES. 18 Section 5.08. INFORMATION REPORT. 18 Section 5.09. PRIVATE BUSINESS USE LIMITATION. 18 Section 5.10. PRIVATE LOAN LIMITATION. 18 1 Section 5.11. FEDERAL GUARANTEE PROHIBITION. 19 Section 5.12. FURTHER ASSURANCES. 19 Section 5.13. AMENDMENT. 19 ARTICLE VI MISCELLANEOUS Section 6.01. FUNDS AND ACCOUNTS. 20 Section 6.02. PARTIAL INVALIDITY. 20 Section 6.03. DEFEASANCE. 20 Section 6.04. VALIDITY OF BONDS. 20 Section 6.05. PLEDGE OF ASSESSMENTS. 20 Section 6.06. REPEAL OF INCONSISTENT RESOLUTIONS. 20 Section 6.07. AUTHORITY OF FINANCE DIRECTOR. 20 Section 6.08. CERTIFIED COPIES. 21 Section 6.09. EFFECTIVE DATE OF THE RESOLUTION. 21 EXHIBIT A - Terms and Conditions EXHIBIT B - Form Of Bond * * * * * * * * * * ** n