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HomeMy WebLinkAbout2006-01-24; City Council; Resolution 2006-0151 CITY COUNCIL RESOLUTION NO. 2006-015 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE ISSUANCE OF TAX- EXEMPT OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $30 4 MILLION BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO FINANCE THE CONSTRUCTION OF ONE 5 HUNDRED SIXTY-EIGHT (168) AFFORDABLE APARTMENT UNITS WITHIN VILLAGES OF LA COSTA AND DIRECTING CERTAIN ACTIONS 7 APPLICANT: CHELSEA INVESTMENT CORPORATION CASE NO: SDP 04-13 8 WHEREAS, the California Municipal Finance Authority, a public entity of the State of California and a joint powers authority, ("CMFA") intends to issue tax-exempt obligations (the 11 "Obligations") for the purpose, among other things, of making a loan to Chelsea Investment 12 Corporation ("Chelsea") or a limited partnership or limited liability company to be established by 13 Chelsea (the "Developer"), the proceeds of which shall be used by the Developer to finance the j 5 acquisition, construction and development of a multifamily housing rental facility to be located 16 on the east side of the realigned Rancho Santa Fe Road, south of San Elijo Road, and west of the 17 City limit for the City of San Marcos in the City of Carlsbad, California (the "Project"); and 18 WHEREAS, the CMFA is authorized by Chapter 7 of Part 5 of Division 31 of the Health 19 and Safety Code of the State of California (the "Law") to issue and sell revenue bonds for the 20 purpose of financing the acquisition, construction and development of multifamily rental housing 21 facilities to be occupied in part by low and very low income tenants; and 22 WHEREAS, the Obligations will be considered to be "qualified exempt facility bonds" £J 24 under Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and 25 Section 147(f) of the Code requires that the "applicable elected representative", which is the City 26 of Carlsbad, shall hold a public hearing on and approve the issuance of the Obligations; and 27 28 1 CC Resolution 2 Page 2 3 WHEREAS, this City Council is the elected legislative body of the City; and 4 WHEREAS, a notice of public hearing in a newspaper of general circulation in the City 5 has been published, to the effect that a public hearing would be held by this City Council on the 6 date hereof regarding the issuance of the Obligations by the CMFA and the nature and location of 7 the Project; ando 9 WHEREAS, this City Council held said public hearing, at which time an opportunity was 10 provided to present arguments both for and against the issuance of such Bonds and the nature and 11 location of the Project; and 1 *?WHEREAS, it is in the public interest and for the public benefit that the City approve the issuance and delivery of the Obligations by CMFA for the purpose of financing the acquisition, 14 construction and development of the Project; 15 WHEREAS, the City shall not have any liability for the repayment of the Obligations or 16 any responsibility for the Project; and jg WHEREAS, the City reasonably expects to receive a portion of the issuance fee to 19 reimburse the City for certain expenditures related to the required public hearing and/or to be 20 used for any other lawful purpose. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 22 of Carlsbad, California, as follows: 23 1. The City hereby finds and determines that the foregoing recitals are true and correct. 24 2. The City hereby approves the issuance and delivery of the said Obligations by CMFA 25 for the purpose of paying the costs of financing the acquisition, construction and development of said Project. It is intended that this Resolution shall constitute a declaration of "official intent" within the meaning of Section 1.150-2 of the Treasury 27 Regulations promulgated under the Code for purposes of providing for and authorizing the reimbursement of Reimbursement Expenditures from the proceeds of 28 the Obligations. 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 3. The adoption of this Resolution shall not bind the City or CMFA to issue the Obligations. Additionally, the adoption of this Resolution does not and shall not limit in any manner whatever the full discretion of the City to deny any further permit or approval that may be necessary for ultimate completion of the proposed Project. 4. The City Council approves the City becoming a member of CMFA and hereby authorizes the City Manager to execute the Joint Powers Authority Agreement to allow the City to become a member of the CMFA, in substantially the form presented and subject to final approval of said agreement by the City Attorney. 5. This resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 24th day of _JanuaryA 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: WIS , Mayor ATTEST: (SEAL) "*;.&„>*