HomeMy WebLinkAboutItem 1a: Tax Equity & Fiscal Responsibility Act (TEFRA) Hearing to Issue $9 million in Bonds for Campus Commons Senior HousingBACKGROUND
DISCUSSION
STAFF REPORT
Development Services Department
DATE: August 17, 2010
TO: Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services
Director
By: Jerry Schwartz, Economic Development Manager .'4S
SUBJECT: RESOLUTION NO. 6738 TO GRANT THE AUTHORITY TO ARCADIA
CAMPUS COMMONS ASSOCIATES TO ISSUE UP TO $9 MILLION IN
MULTIPLE HOUSING REVENUE BONDS AS PART OF THE
FINANCING FOR THE CAMPUS COMMONS SENIOR HOUSING
PROJECT AT 16 CAMPUS DRIVE PURSUANT TO THE TAX EQUITY
AND FISCAL RESPONSIBILITY ACT (TEFRA)
RECOMMENDATION: APPROVE RESOLUTION NO. 6738
The Campus Commons senior housing project at 16 Campus Drive is a 43 -unit
apartment project for low and very low income seniors. It is being funded with tax
credits, a long term loan from the Redevelopment Agency (the form of which is still to be
considered by the Agency), and tax exempt bonds. The tax exempt bonds are issued
per the Tax Equity and Fiscal Responsibility Act (TEFRA). In order for the bond issue to
proceed, the City needs to act as a conduit for the financing. A public hearing is
required as part of this process.
The financing structure for the Campus Commons project is the same one that was
used for the Heritage Park senior project on Las Tunas Drive. For that project, the City
acted as a conduit to allow the developer to issue tax exempt bonds. The City Council
held a TEFRA public hearing as part of that process. Neither the City nor the
Redevelopment Agency is responsible for the principal and interest payments on the
bonds for Heritage Park. It is also worth mentioning that the City used its bonding
authority as a conduit to allow Methodist Hospital to issue the bonds to fund its current
expansion.
For Campus Commons, up to $9 million in bonds would be issued by the California
Statewide Communities Development Authority ( "CSCDA "). CSCDA is organized
through a joint powers agreement, with the City of Arcadia being one of the more than
480 cities, counties and special districts in California that is a Program Participant of
CSCDA. CSCDA is authorized by its joint powers agreement to issue bonds in order to
promote economic development, including the provision of multiple family housing.
Under its agreement, CSCDA can only approve the financing for a project after the
governing body of the Program Participant where the project will be located approves
the proposed financing.
The developers apply to CSCDA for the bond allocation. The bonds would be repaid by
the project. Neither the City nor the Agency would be responsible for any principal or
interest payments on the bonds. Once the City authorizes the issuance of the tax
exempt bonds, its role in that process will be complete.
As a reminder, the Council approved the entitlements for the Campus Commons project
at its July 6 meeting. While it approved the concept of a long term loan from the
Agency for the project on July 6 the Owner Participation Agreement (OPA) and Loan
Agreement will be scheduled for a future meeting. Approval of the authorization for the
developers to utilize the City as a conduit to issue up to $9 million in tax exempt bonds
does not impact future consideration of the OPA and Loan Agreement.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Consideration of approving the issuance of tax exempt bonds for the Campus
Commons project is exempt from CEQA because it is considered not a project per
Section 15061(b)(3) of the guidelines. The Campus Commons project had a negative
declaration approved by the Council at its July 6 meeting as part of the approval of the
entitlements.
FISCAL IMPACT
There is no fiscal impact from the approval of the tax exempt bonds.
RECOMMENDATION
Pursuant to the TEFRA hearing, approve Resolution No. 6738 authorizing the issuance
of up to $9 million of tax exempt bonds by CSCDA for the Campus Commons senior
housing project.
By: 4.DB0.4.-t
Donald Penman, City Manager
Attachment: Resolution No. 6738
TEFRA Public Hearing /Campus Commons
August 17, 2010
Page 2 of 2
and
RESOLUTION NO. 6738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA APPROVING THE ISSUANCE BY THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF
MULTIFAMILY HOUSING REVENUE BONDS FOR THE CAMPUS
COMMONS APARTMENTS
WHEREAS, the California Statewide Communities Development Authority (the
"Authority ") is authorized pursuant to the provisions of California Government Code
Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers
Agreement, dated as of June 1, 1988 (the "Agreement "), among certain local agencies
throughout the State of California, including the City of Arcadia (the "City "), to issue
revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California
Health and Safety Code for the purpose of financing multifamily rental housing projects;
WHEREAS, Arcadia Campus Commons Associates, a California limited
partnership, has requested that the Authority adopt a plan of financing providing for the
issuance of multifamily housing revenue bonds (the "Bonds ") in one or more series issued
from time to time, including bonds issued to refund such revenue bonds in one or more
series from time to time, and at no time to exceed $9,000,000 in outstanding aggregate
principal amount, to finance the acquisition, construction and development of a 43 -unit
multifamily rental housing project located at 16 Campus Drive, Arcadia, California,
generally known as Campus Commons Apartments (the "Project ") and operated by
Buckingham Property Management; and
WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for
purposes of the Internal Revenue Code of 1986 (the "Code "); and
WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private
activity bonds are required to be approved by the "applicable elected representative" of the
governmental units on whose behalf such bonds are expected to be issued and by a
governmental unit having jurisdiction over the entire area in which any facility financed by
such bonds is to be located, after a public hearing held following reasonable public notice;
and
WHEREAS, the members of this City Council (this "City Council ") are the
applicable elected representatives of the City; and
WHEREAS, there has been published, at least 14 days prior to the date hereof, in a
newspaper of general circulation within the City, a notice that a public hearing regarding
the Bonds would be held on a date specified in such notice; and
WHEREAS, such public hearing was conducted on such date, at which time an
opportunity was provided to interested parties to present arguments both for and against
the issuance of the Bonds; and
WHEREAS, the Authority is also requesting that the City Council approve the
issuance of any refunding bonds hereafter issued by the Authority for the purpose of
refinancing the Bonds which financed the Project (the "Refunding Bonds "), but only in
such cases where federal tax laws would not require additional consideration or
approval by the City Council; and
WHEREAS, it is intended that this resolution shall constitute the approval of the
issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the
Agreement;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council hereby approves the issuance of the Bonds and the
Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this
Resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the
Code and (b) Section 9 of the Agreement.
SECTION 3. The officers of the City are hereby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents that
they deem necessary or advisable in order to carry out, give effect to and comply with the .
terms and intent of this Resolution and the financing approved hereby.
SECTION 4. The City Clerk shall forward a certified copy of this Resolution and a
copy of the affidavit of publication of the hearing notice to:
Justin Cooper, Esq.
Orrick, Herrington & Sutcliffe LLP
405 Howard Street
San Francisco, California 94105
SECTION 5. This Resolution shall take effect immediately upon its adoption.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Q/Li 6(47
Stephen P. Deitsch
City Attorney
Passed, approved and adopted this day of , 2010.
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Mayor of the City of Arcadia