HomeMy WebLinkAbout6738and
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;
2
3
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.
ATTEST:
Passed, approved and adopted this 17th day of August
APPROVED AS TO FORM:
Ow-
WV�
hielfZet4
Stephen P. Deitsch
City Attorney
4
, 2010.
ayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6738 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 17th day of August, 2010 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Member Chandler, Harbicht, and Segal
NOES: None
ABSENT: Council Member Amundson and Kovacic
5
ty Clerk of the City of Arcadia