HomeMy WebLinkAbout08-221 - Resolutions RESOLUTION NO. 08-221
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING THE ISSUANCE OF NON
PROFIT HEALTH CARE REVENUE BONDS FOR THE
PURPOSE OF FINANCING THE ACQUISITION OF LICENSED
HEALTH CARE FACILITIES BY MOUNTAIN SHADOWS
SUPPORT GROUP, INC
WHEREAS, the California Statewide Communities Development Authority (the
"Authority") is authorized by the laws of the State of California (the "Law") to execute and
deliver health care revenue obligations for the purpose of financing the acquisition of health
care facilities located within the area of operation of the Authority; and
WHEREAS, Mountain Shadows Support Group, Inc., a California nonprofit public
benefit corporation (the 'Borrower") has requested the Authority to issue and deliver health care
revenue bonds in the anticipated principal amount of approximately $55,000,000 (the
"Obligations"), a potion of the proceeds of which shall be used for the purpose of financing the
acquisition of licensed health care facilities commonly known as Logan House located at 8271
Onyx Court, Kingston House located at 5612 Dresden Street, Monterey House located at 7380
Cartilla Avenue, Kenyon House located at 6979 Mesada Street, and Norwood House located at
7817 Sauterne Drive, and the Crossroads Day Program and Corporate Offices located at 7945
located at Cartilla Avenue, each in the City of Rancho Cucamonga, California (collectively, the
"Project'); and
WHEREAS, the Obligations to be issued and delivered to finance the acquisition
of the Project will be considered "qualified 501 (c)(3) bonds" under Section 145 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 Project hold a public hearing on the
issuance and delivery of the Obligations; and
WHEREAS, the City Council of the City of Rancho Cucamonga, as the
"applicable elected representatives" to hold said public hearing, has held said public hearing at
which all those interest in speaking with respect to the financing of the Project were heard.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Council hereby finds and determines that the foregoing recitals are true
and correct.
2. The City Council hereby approves the financing of the Project by the Authority
with the proceeds of the Obligations.
3. The issuance and delivery of the Obligations shall be subject to the approval of
and execution by the Authority of all financing documents relating thereto to which the Authority
is a party and subject to the sale of the Obligations by the Authority.
Resolution No. 08-221 Cross Reference 08-209
Page 2 of 5
4. The approval of the financing of the Project by the Authority with the proceeds of
the Obligations set forth herein shall be subject to (i) the application of a portion of the proceeds
of the Obligations to the financing of the acquisition of the Project which shall be used as
licensed health care facilities for the benefit of developmentally disabled individuals and (ii)
throughout the term of the Obligations the Project will be used for such purpose.
5. The City Clerk of the City shall forward a certified copy of this Resolution and a
copy of the affidavit of publication of the public hearing notice to:
Thomas A. Downey
Jones Hall, A Professional Law Corporation
650 California Street, 18th Floor
San Francisco, California 94108
6. The adoption of this Resolution is solely for the purpose of meeting the
requirements of the provisions of the Internal Revenue Code of 1986, as amended, and shall
not be construed in any other manner, with neither the City nor its staff having fully reviewed or
considered the financial feasibility of the Project or the expected operation of the Project with
regards to any State of California statutory requirements, and such adoption shall not obligate,
without further formal action to be taken by this City Council, including, but not limited to, the
approval of the financing documents by the City Council by resolution, (i) the City to provide
financing to the Borrower for the acquisition of the Project or to issue the Obligations for
purposes of such financing; or (ii) the City, or any department of the City, to approve any
application or request for, or take any other action in connection with, any environmental,
General Plan, zoning or any other permit or other action necessary for the acquisition or
operation of the Project.
7. This resolution shall take effect upon its adoption.
Please see the following page
for formal adoption,certification and signatures
Cross Reference 08-209 Resolution No. 08-221
Page 3 of 5
PASSED, APPROVED, AND ADOPTED this 5`n day of November 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
/A//,
Donald J. Kurth, M.D., Mayor
ATTEST:
Kat ryn L. cott, CMC, Acting City Clerk
I, KATHRYN L. SCOTT, ACTING 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 5th day of November 2008.
Executed this 6th day of November 2008, at Rancho Cucamonga, California.
�/A t
K thryn L Scott, CMC, Acting City Clerk
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