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HomeMy WebLinkAbout1984-09-04; City Council; 7852-1; REQUEST TO RECONSIDER INDUCEMENT RESOLUTION FOR MORTGAGE REVENUE BOND FINANCING*> 3 5 u I -4 rl a tsa 3 c -4 3 3 8 E 3 B s u b a, 8 u) c.. O* 403 Fcn bl-l .L gKi- E + .c, -Pa 88 28 -4 k rl- 63 82 9 co 9 I cn I 2 a 0 E d 0 z 0 3 0 CIT~F CARLSBAD - AGEND~ILL - - AB# 7?+?32-&/ TITLE: REQUEST TO RECONSIDER INDUCEMENT CITY i RESOLUTION FOR MORTGAGE REVENUE MTG. 9/4/84 DEPT, CITY I BOND FINANCING DEPT. CM RECOMMENDED ACTION: Reconsider matter as requested, ITEM EXPLANATION: The Council at its August 21, 1984 meeting deferred action on an inducement resolution for mortgage revenue bond financing for a multi-family housing project at the southeast corner of Alga Road and Alicante. The matter was deferred until completion of a review of the impact of the project on the area and the Planning staff was to report regarding site review for apartment projects. The applicant is asking the Council to reconsider and has offered to submit his project to a site review. The applicant is still planning to develop 642 units but is only seeking mortgage revenue bond financing for 368 units. EXHIBITS: 1. Letter from George A. Fermanian dated 8/27/84 2. Agenda Bill 7852 dated 8/21/84 I e e SO CAL DEVELOPMENT, BUILDERS .I, DEVEl 11300 Sorrento Valley Road, S San Diego, CaIiforn: (619) 4, August 27, 1984 Mayor Mary Casler City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mayor Casler : We are requesting your immediate reconsideration of an inducement resolution for tax exempt bond financing for our proposed apartment project on Alga Road in La Costa. At the City Council Meeting held last week, there was expressed a need for site plan review on zoned land. It was felt approval of an inducement resolution may hinder this process. It is our understandiny that projects induced into the bond program are always subject to all the normal planning pro- cedures and land use approval requirements of the City of Carlsbad. Even though our site is zoned and currently does not require site plan review, we will agree to such a process. We also will reduce our request from 642 units to 368 units and $18,500,000. Since Federal tax rules place extreme hard- ships unless an inducement resolution is in place prior to close of escrow and the fact we will proceed with site plan review, we respectfully request your approval of our inducement resolution. Thank you. Respectfully yours, ? Ge ge A. Fermanian ;,@$ -+In %Q .T'. L* bL GAF': lm [KT 4!!6 1984 cc: Ann Kulchin -'Frank Aleshire ,-4 City of Claude Lewis Marty Orenyak \% CARLSBAR Robert Prescott h Richard Schick L @ 4 Carlsbad, cix si@ E i zpi \* * 1 // 0 0 1 RESOLUTION NO. 7710 2 3 4 5 A RESOLUTION OF INDUCEMENT OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA INDICATING ITS INTENT TO ISSUE OBLIGATIONS TO PROVIDE FINANCING FOR THE MULTIFAMILY HOUSING PROJECT PROPOSED BY RODNEY F. STONE AND GEORGE A. FERMANIAN 6 pursuant to Chapter 7 (commencing with Section 52075) of Pal 7 WHEREAS, the Council of the City of Carlsbad is authol 8 II of Division 31 of the Health and Safety Code (the "Act"), tc 9 provide financial assistance for multifamily residential 10 developments within the City; 11 WHEREAS, Rodney F. Stone and George A. Fermanian (col: 12 the "Developer"), on behalf of themselves and a'partnership 13 formed by them, have requested financial assistance in conm .. 14. rental housing project proposed to be located on a 64.28 ac! .. ',.':>s. . ' 15 with .the construction of an approximately 642-unit multifam: I. . - .., .''..,. 16 'of land at the southeast corner of Alga and Alicante in the .. 17 WHEREAS, the City, as an inducement to the Developer, 18 of Carlsbad (hereinafter the "Project") ; and restrictions of the Act and all applicable state and federa: 21 sufficient to provide financing for the Project subject to 1 20 ~ willing to authorize the issuance of obligations in an amoul 19 22 1 as they presently exist, providing that the Project receive! ..I. - - 23 11 necessary governmental approvals and providing further that 24 by individuals or families of low or moderate income (which 25 least twenty percent (20%) of the units in the Project are ( percent of the median gross income for the San Diego Metropl 28 1954, as amended, are persons whose income does not exceed ~ 27 defined in Section 103 (b) (12) (C) of the Internal Revenue COC 26 11 /I 0 e .. 1 2 31 4 5 6 -7 8 9 10 11 12 13 14 15 16 17 18 l9 I I 20 21 22 23 24 25 26 27 28 Statistical Area) for at least a 10-year period from the da issuance of the obligations, or such longer period as may b required by State or Federal law; NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad as follows: SECTION 1. The City Council hereby determines that t undertaking of the financing of the proposed Project by the will be a substantial factor in the accrual of public benef be received from the Project, should the Project be approve constructed, and that the proposed financing is in accord w purposes and requirements of the Act. SECTION 2, Subject to (i) the completion of the proce and other matters relating thereto to the full satisfaction City Council and City staff, including the execution of a Dl Agreement,between the City and the Developer satisfactory t' City, (ii) the proposed Project receiving all necessary governmental approvals, and (iii) there being no further re! in development standards such as increased densities or red . 0% amenities with respect to the Project, the City Council her1 agrees to provide financial assistance to the Developer, or other affiliated entity as may be approved by the City, thrc the issuance of obligations in an amount of approximately $33,000,000, or such higher amount as is necessary to financ Pro j ect . - SECTION 3, The obligations to be issued shall be spec obligations of the City payable solely from revenues to be 1 by the City pursuant to a loan or other financing agreement form acceptable to the City and shall not be a general ob1i.c ll ', 1 e e 1 2 of the City, the State of California or any political subdi the State. 3 SECTION 4, The City Manager, or his designee, is her 4 required processing and approval of the Project and the Cit 7 SECTION 5. The City is hereby authorized to commence 6 of the City to proceed with the proposed financing. 5 directed to indicate to the Developer the willingness on th 8 departments are directed to consider opportunities to contr 9 of indebtedness within the meaning of the Internal Revenue 12 constitute "some other similar official action" toward the 11 52080 of the Act. It is intended that this Resolution shal 10 to the economic feasibility of the units'as required by Sec 13 // 1954, ' as amended, 14 SECTION 6. The adoption of this Resolution shall not 15 the City to issue bonds until and unless all other necessar 16 I ultimate completion of the Proejct. 20 1 deny any further permit or approval that may be necessary fi l9 not limit in any manner whatsoever the City's full discreti' 18 applicable laws. The adoption of this Resolution does not 17 and approvals are taken or received in accordance with all . I. 21 ii SECTION 7- This Resolution shall take effect inmedia 22 /I// 26 certification to be filed in the office of the City Clerk. 25 of this Resolution and shall cause this Resolution and this 24 SECTION 8. The City Clerk shall certify to the adopt 23 upon adoption, - 27 //// !i 28 //// I $ '. * I/ 1 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting of 2 4 of August, 1984, by the following vote, to wit: 3 City Council Of the City of Carlsbad, California on the 21s 5 AYES : Council =rs Casler, Lewis, Kulchin, Chick and Pre: 6 NOES : None 7 ABSTAIN: None 8 9 ABSENT : 10 ATTEST : 5+L#/&/&% -NARY H. ASLER, Mayor 11 ol-dth- l2 ! ALETHA L. FtdTE erk 13 14 (seal) 15 16 17 18 19 ! 20 21 22 23 24 25 I - . 0% 26 I 27 28 1