HomeMy WebLinkAbout01-069 - Resolutions RESOLUTION NO. 01-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING THE ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS BY THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY FOR HERITAGE POINTE SENIOR HOUSING
WHEREAS, the California Statewide Communities Development Authority (the
"Authority") is authorized pursuant to the provisions of California Government Code Section6500
et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, datedas
of June 1, 1988 (the "Agreement'), among certain local agencies throughout the State of California,
including the City of Rancho Cucamonga (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; and
WHEREAS, Malvern Housing Partners, LP (collectively, with any related entity, the
"Borrower") has requested that the Authority issue multifamily housing revenues bords in an
aggregate principal amount not to exceed $4,000,000 (the 'Bonds") for the purpose of providing
financing for the acquisition, construction and development of an approximately 49unit senior
residential rental project located at Malvern Avenue and Salina Street in Rancho Cucamonga,
California and generally known as Heritage Pointe Senior Housing; 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 go%ernmental
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 "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 the date hereof; and
WHEREAS, such public hearing was conducted on said date by the City Council, at
which time an opportunity was provided to interested parties to present arguments both for and
against the issuance of the Bonds; 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;
Resolution No. 01-069
Page 2 of 3
Resolution No. 01-069
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA as follows:
Section 1. The above recitals are true and correct.
Section 2. The Council hereby approves the issuance of the Bonds by the
Authority. It is the purpose and intent of theCouncil that this resolution constitute approval of the
Bonds for the purposes of (a)Section 147(f) of the Code by the applicable elected representative
of the governmental unit having jurisdiction over the area in which the project is located, in
accordance with said Section 147(f), 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 of the City shall forward a certified copy of this
Resolution and a copy of the affidavit of publication of the hearing notice to:
Ana Marie del Rio, Esq.
Orrick, Herrington &Sutcliffe LLP
Old Federal Reserve Bank Building
400 Sansome Street
San Francisco, California 94111
Section 5. This resolution shall take effect immediately upon its passage.
PASSED, APPROVED AND ADOPTED this 21 st day of March, 2001.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
r
dliam J. Al i d r, Ma or
Resolution No. 01-069
Page 3 of 3
ATTEST:
4 ;QZ
rad ms, CMC, City Clerk
I, DEBRA J.ADAMS, CITY CLERK of the City of Rancho Cucamonga, California,
do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the
City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City
Council held on the 21st day of March, 2001.
Executed this 22nd day of March, 2001, at Rancho Cucamonga, California.
A4.
Debira J. Adams,CMC, City Clerk