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HomeMy WebLinkAboutItem No. 07 Issuance of Tax Exempt Bonds Cottages at Mission TrailText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: RES 2014-038 Agenda Date: 8/8/2017 Status: Public HearingVersion: 1 File Type: ResolutionIn Control: City Council / Successor Agency Agenda Number: 7) Page 1 City of Lake Elsinore Printed on 8/3/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Jason Simpson, Assistant City Manager Date:August 8, 2017 Subject:Issuance of Tax Exempt Bonds for the Cottages at Mission Trail and Resolution Approving the Issuance of Bonds. Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ISSUANCE OF BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY NOT TO EXCEED $25,000,000, FOR THE BENEFIT OF CIVIC PARTNERS TO PROVIDE FINANCING FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN 143-UNIT MULTIFAMILY RENTAL HOUSING PROJECT GENERALLY KNOWN AS THE COTTAGES AT MISSION TRAIL. Background Civic Partners (Borrower) has requested that the California Statewide Communities Development Authority (CSCDA) serve as the municipal issuer of tax-exempt multi-family housing revenue bonds in an aggregate principal amount not to exceed $25,000,000 (Bonds). The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable the Borrower to finance the acquisition, construction and equipping of a 143-unit affordable multifamily housing rental project located at the intersection of Mission Trail and Sedco, Lake Elsinore, California (Project), which will be owned and operated by the Borrower Discussion In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Lake Elsinore (City) must conduct a public hearing (TEFRA Hearing) providing the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Adoption of the Resolution is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA), the Internal Revenue Code and the California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. A public notice was published on July 25, 2017 (Exhibit A). Page 2 of 2 CSCDA is a joint powers authority sponsored by the League of California Cities (League) and the California State Association of Counties (CSAC). CSCDA was created by the League and CSAC in 1988 to enable local government and eligible private entities access to low-cost, tax- exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. CSCDA is comprised of more than 530 members, including the City of Lake Elsinore. CSCDA has issued more than $60 billion through 1,400 plus financings since 1988. Fiscal Impact There is no fiscal impact to the City. The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing. Exhibits A Reso. Approving Issuance of Bonds B Application RESOLUTION NO. 2017 – _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ISSUANCE OF BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY NOT TO EXCEED $25,000,000, FOR THE BENEFIT OF CIVIC PARTNERS TO PROVIDE FINANCING FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN 143 UNIT MULTIFAMILY RENTAL HOUSING PROJECT GENERALLY KNOWN AS THE COTTAGES AT MISSION TRAIL Whereas,the California Statewide Communities Development Authority (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, (Agreement), among certain local agencies throughout the State of California, including the City of Lake Elsinore (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; and, Whereas,Mission Cottages, LP or a partnership created by Civic Partners (Developer), consisting at least of the Developer or a related person to the Developer and one or more limited partners, has requested that the Authority adopt a plan of financing providing for the issuance of multifamily housing revenue bonds (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 $25,000,000 in outstanding aggregate principal amount, to finance the acquisition, construction and development of a 143-unit multifamily rental housing project located at the Intersection of Mission Trail & Sedco Boulevard (APN 365-030-004), Lake Elsinore, California, generally known as Cottages at Mission Trail Apartments (Project) and operated by US Residential; and, Whereas,the Bonds or a portion thereof will be “private activity bonds” for purposes of the Internal Revenue Code of 1986 (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 (Council) are the applicable elected representatives of the City of Lake Elsinore (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 Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed CC Reso. No. 2017 – _____ Page 2 of 2 the Project (Refunding Bonds), but only in such cases where federal tax laws would not require additional consideration or approval by the 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOW: Section 1: The above recitals are true and correct. Section 2: The Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the 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.This Resolution shall take effect immediately upon its adoption. Section 5.The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 8th day of August 2017. Robert E. Magee, Mayor Attest: __ Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of August 8, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CC Reso. No. 2017 – _____ Page 2 of 2 _______________________________ Susan M. Domen, MMC City Clerk Submission Date Affordable Housing Bond Application Applicant Information Name of Developer: Primary Contact Full Name: Title: Address: Phone Number: E-mail: Name of Borrowing Entity: Type of Entity: Will you be applying for State Volume Cap? Number of Multi-Family Housing Projects Completed in the Last 10 Years: Number of Low Income Multi- Family Housing Projects Completed in the Last 10 Years: Primary Billing Contact Organization: Title: Full Name: Affordable Housing Bond Application 2017-04-27 19:40:32 Civic Partners Tina Alexander Director of Project Admininistration 7777 Center Ave Suite 230 Huntington Beach CA 92647 (714) 230-8000 talexander@civicpartners.com Mission Cottages, LP Partnership Yes 0 1 Civic Partners Director of Project Admininistration Tina Alexander Address: Phone Number: E-mail: Project Information Project Name: Facility #1 Facility Name: Facility Bond Amount: Facility Address: County: Is facility located in an unincorporated part of the County? Lot Size (Acres): Number of Units: Market: Restricted: Total: Type of Construction (i.e. Wood Frame, 2 Story, 10 Buildings): Type of Housing: Facility Use: Is this an Assisted Living Facility? 7777 Center Ave Suite 230 Huntington Beach CA 92647 (714) 237-8000 talexander@civicpartners.com Cottages at Mission Trail Cottages at Mission Trail 20000000 Intersection of Mission Trail & Sedco Lake Elsinore CA 92530 Riverside No 19.23 0 143 143 Wood construction, 2 stories, single unit, duplex, triplex New Construction Family No Has the City or County in which the facility is located been contacted? If so, please provide appropriate contact information below. Name of City/County Agency: City/County Contact: Phone Number: E-mail: Public Benefit Information: Percentage of Units Designated for Low Income Residents: Percentage of Area Median Income (AMI) for Low Income Housing Units: Total Number of Management Units: Unit Composition and Rents: Note: Restricted Rent must be at least 10% lower than Market Rent and must be equal to or lower than the HUD rent limit. Government Information - Facility is located in: Congressional District #: State Senate District #: State Assembly District #: Yes City of Lake Elsinore City Attorney Barbara Leibold (949) 585-6300 barbara@ceqa.com 100 60 1 Bedrooms % AMI No. Restricted Units Restricted Rent Market Rent Expected Savings 2 Bedroom 50%3 612 2 Bedroom 60%9 757 2 Bedroom 50%5 612 2 Bedroom 60%21 757 3 Bedroom 50%5 700 3 Bedroom 60%34 867 3 Bedroom 50%4 700 3 Bedroom 60%34 867 3 Bedroom 50%3 700 3 Bedroom 60%24 867 42 28 67 Would you like to include an additional facility? Facility #2 Number of Units: Public Benefit Information: Note: Restricted Rent must be at least 10% lower than Market Rent and must be equal to or lower than the HUD rent limit. Government Information - Facility is located in: Facility #3 Number of Units: Public Benefit Information: Note: Restricted Rent must be at least 10% lower than Market Rent and must be equal to or lower than the HUD rent limit. Government Information - Facility is located in: Facility #4 Number of Units: Public Benefit Information: Note: Restricted Rent must be at least 10% lower than Market Rent and must be equal to or lower than the HUD rent limit. Government Information - Facility is located in: No For projects with more than 4 facilities, please include additional facility information with your application attachments Financing Information Tax Exempt Bonds: Total Principal Amount: Please Upload Estimated Construction Sources & Uses (if available) Estimated Closing Date: Bond Maturity: Bond Denominations: Estimated Interest Rate: Interest Rate Mode: Type of Offering: Type of Financing: Refunding Only - Will you be applying for State Volume Cap? Is this a transfer of property to a new owner? Construction Financing Credit Enhancement: Expected Credit Rating: Projected State Allocation Pool: Will the Project use Tax credits as a source of funding? Finance Team Information Bond Counsel 20000000 20000000 Cottages at Mission Trail - S&U.pdf 09-01-2017 35 100000 5 Fixed Private Placement New Construction No Yes Other Unrated General Yes Underwriter/Bank/Bond Purchaser Financial Advisor Firm Name: Primary Contact: Title: Address: Phone Number: E-mail: Trustee Firm Name: Application Attachments Upon submission of your application, please send a nonrefundable $5,000 issuance fee deposit* made payable to CSCDA to 1700 North Broadway, Suite 405, Walnut Creek, CA 94596. *Applied to issuance fee collected upon bond issuance. After submission of your application, please forward the following Application Attachments via email to CSCDA Staff or you may upload the attachment files below. Attachment A: Applicant Background/Resume Attachment B: Description of Project and Each Facility to be Financed or Refinanced Attachment C: Project Photographs/Drawings (If Available) Upload Attachment A: Upload Attachment C: Application Prepared By: Phone Number: Hunt Mortgage Company John McAlister Managing Director & West Coast Team Lead 488 E. Santa Clara St Suite 203 Arcadia CA 91006 (626) 263-9666 john.mcalister@huntcompanies.com n/a Civic Corp Profile.pdf Cottages-MissionTrails Site Plan 042417.pdf W. Brett Flanders (626) 263-9664