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HomeMy WebLinkAbout2002-11-12; City Council; 16973; Calavera Hills Pase II Affordable ApartmentsCITY OF CARLSBAD -AGENDA BILL 8 ,!3 LB# 16.973 DEPT. HD. m: DECLARATION OF INTENT TO ISSUE $8.5 MILLION IN TAX EXEMPT PRIVATE ACTIVITY BONDS FOR THE APARTMENT UNITS WITHIN THE CALAVERA HILLS PHASE II ITG. 11-12-02 CITY ATTY. CONSTRUCTION OF ONE HUNDRED SIX (106) AFFORDABLE IEPT. HlRED CITY MGR. MASTER PLAN RECOMMENDED ACTION: That the City Council take the following actions: 1) ACCEPT public comment on the Council’s declaration of intent to issue tax-exempt private activity bonds in an amount not to exceed $8.5 million to finance the construction of one hundred six (106) affordable apartment units within the Calavera Hills Phase II Master Plan: and 2) ADOPT Council Resolution No. 2002-334 , APPROVING the Council’s declaration of intent to issue the subject tax exempt bonds. ITEM EXPLANATION: Backaround The Mariposa Apartments are a 106-unit development located on the west side of the future extension of College Boulevard, approximately % mile south of Carlsbad Village Drive, in what is known as Village Y of the Calavera Hills Master Plan Phase II. The project is being developed by Chelsea Investment Corporation of Solana Beach and will satisfy the affordable housing requirement for the Calavera Hills be affordable to households earning 20% of the State Median Income (SMI) and 22 units at levels Phase II Master Plan. The project includes one, two and three bedroom units. Of the 106 units, 10 units will affordable to households earning 30% of SMI (SMI is approximately 1% higher than the San Diego County Area Median Income). The remainder of the project, 74 units, will be affordable to household earning 60% of the San Diego County Area Median Income. On September 10, 2002, the City Council approved the Site Development Plan for the development of the affordable apartments. On October 15, 2002, the City Council took several actions related to the financing of the project. First, the City Council approved a loan to the developer in the amount of $1,060,000 from the Housing Trust Fund. The City Council also adopted a resolution expressing the City’s intent to issue tax-exempt multi-family revenue bonds in an amount not to exceed $8.5 million to assist in financing the subject project. In addition, the City Council authorized staff to apply to the California Debt Limit Allocation Committee (CDLAC) to receive an allocation for the issuance of the tax-exempt bonds. Tax Exempt Bond Allocation Prior to any action to authorize issuance of the tax-exempt bonds, the Internal Revenue Code requires the City to hold a public hearing to accept comments on the City’s intent to issue the bonds. At this time, staff and the Developer are requesting that the Council hold the public hearing to accept comments on the forth the City’s intent to issue bonds. The resolution, however, does not obligate the City to issue bonds for City’s intent to issue the tax exempt bonds for the subject project. Approval of the attached resolution sets the project. Once the City has been granted a bond allocation from CDLAC, the Council will be required to adopt a “Bond Resolution” authorizing the actual sale and issuance of the bonds. Action to authorize issuance of the bonds will most likely be requested in March 2003. ENVIRONMENTAL REVIEW A Negative Declaration was approved by the City Council for the Site Development Plan (SDP 01-05) on September IO, 2002. No further environmental review is required as part of the approval of the subject bond issuance. AB # 16,973 Page 2 FISCAL IMPACT The Council is being asked to take action to declare the City’s intent to issue tax-exempt bonds in an apartment units within the Calavera Hills Phase II Master Plan. The bond issue will be structured to pay amount not to exceed $8.5 million to finance the construction of one hundred six (106) affordable down the bonds as equity funds are paid in to the development. Once project construction is complete, the bonds will be paid down to approximately $5.5 million, and repaid over a 30-year period. To date, the applicant has made a deposit of $20,000 to cover staff costs, and the costs of the City’s financial advisor. issuance not covered by the deposit (staff costs, bond counsel, underwriting, financial advisor, etc.) will be If the City Council takes action at a later date to authorize issuance of the bonds, the costs associated with fully recovered from the proceeds of the bond issuance. It is also important to note that the entire legal obligation to repay the bonds rests with the Developer. Therefore, there will be no fiscal impact to the City resulting from the issuance of the bonds. EXHIBITS 1. City Council Resolution No. 2002-334 approving the City’s intent to issue tax exempt private activity bonds in an amount not to exceed $8.5 million. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2002-334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $8.5 MILLION TO FINANCE THE CONSTRUCTION OF ONE HUNDRED SIX (106) AFFORDABLE APARTMENT UNITS WITHIN VILLAGE Y OF THE CALAVERA HILLS PHASE I1 MASTER PLAN AND DIRECTING CERTAIN ACTIONS APPLICANT: CHELSEA INVESTMENT CORPORATION CASE NO: SDP 01-05 CARLSBAD, CALIFORNIA, APPROVING THE ISSUANCE OF TAX- WHEREAS, the City of Carlsbad (the "City") intends to issue tax-exempt obligations (the "Obligations") for the purpose, among other things, of making a loan to Chelsea Investment Corporation ("Chelsea") or a limited partnership or limited liability company to be established by Chelsea (the "Developer"), the proceeds of which shall be used by the Developer to finance the acquisition, construction and development of a multifamily housing rental facility to be located on the west side of the future extension of College Boulevard, approximately % mile south of Carlsbad Village Drive in the City of Carlsbad, California (the "Project"); and WHEREAS, the City is authorized by Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Law") to issue and sell revenue bonds for the purpose of financing the acquisition, construction and development of multifamily rental housing facilities to be occupied in part by low and very low income tenants; and WHEREAS, the Obligations will be considered to be "qualified exempt facility bonds" under Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the City hold a public hearing on and approve the issuance of the Obligations; and WHEREAS, this City Council is the elected legislative body of the City; and 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 CC Resolution No. 2002-334 has been published, to the effect that a public hearing would be held by this City Council on the date hereof regarding the issuance of the Obligations by the City and the nature and location of the Project; and WHEREAS, this City Council held said public hearing, at which time an opportunity was provided to present arguments both for and against the issuance of such Bonds and the nature and location of the Project; and WHEREAS, it is in the public interest and for the public benefit that the City approve the issuance and delivery of the Obligations for the purpose of financing the acquisition, construction and development of the Project; and WHEREAS, the City shall not have any liability for the repayment of the Obligations or any responsibility for the Project; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The City hereby finds and determines that the foregoing recitals are true and correct. 2. The City hereby approves the issuance and delivery of the Obligations for the purpose of paying the costs of financing the acquisition, construction and development of the Project, subject to the review and approval of the documents to be executed and delivered in connection with the Obligations. 11 3. This resolution shall take effect upon its adoption. Ill Ill Ill 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 25 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 12" day of November, 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ABSTAIN: None ATTEST: (SEAL,) CC ResolutionNo. 2002-334 Page 3 PPROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Proof of Publication of Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the County of San I: that the notice of which the annexed is a PI OF PUBLIC NTzuuNG been published in each said newspaper and not in on the following dates, to-wit: OCTOBER 22, 2002 I certify (or declare) under penalty of perjuq The'owner of !he Projyt is e ected to be'the Chelsea Investment the foregoing is true and correct. I Co orahon ( Chelsea ) or a%ited ' artnershp or hmlted lia&ty to be established by Chelseaythe "Owner"). Dated this - at of .SAN MARCOS- 22ND Calif( are invited to attend 'be beard at the meetmg whch wll All those interested in npters related tothe $suance. of the Bonds cdmmence at.or after%hqrn: and will be held at City Council Chambers, 1200 Carlsbad illage,Drive, Carlsbad, Callfomia 92008. If you have an queshons re ardmg the ubltc hearmg, please con- ~ tact Mr. Craig I7 uiz, City of 8 Flsbad, (7 &. ) 434-2817 . . OCTOBER, 2002 IDAm 6tober 16,2002 ANICE BREITENFELD uty qty Clerk PUBLrSH TUESDAY, OCTOBER . ,. 22,2002 -I I ,. .- ,, , . .. Signature NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad (the "City"), at its regular meeting on November 12, 2002, will hold a public hearing and consider approval of the issuance by the City of tax-exempt multifamily revenue bonds in an estimated amount of Eight Million Five Hundred Thousand Dollars ($8,500,000) (the "Bonds"), the proceeds of which will be used to assist in the financing of the acquisition, construction and development of a 106-unit multifamily housing residential facility to be located on the west side of the future extension of College Boulevard, approximately '/4 mile south of Carlsbad Village Drive in the City of Carlsbad, California. The owner of the Project is expected to be the Chelsea Investment Corporation ("Chelsea") or a limited partnership or limited liability to be established by Chelsea (the "Owner"). All those interested in matters related to the issuance of the Bonds are invited to attend and be heard at the meeting which will commence at or after 6:OO p.m. and will be held at City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California 92008. If you have any questions regarding the public hearing, please contact Mr. Craig Ruiz, City of Carlsbad, (760) 434-2817. DATED: October 16,2002 By: //ANICE BREITENFE~ Deputy City Clerk PUBLISH: TUESDAY, OCTOBER 22,2002