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Villa Court Senior Apartments — TEFRA Hearing <br />December 19, 2017 <br />Page 2 <br />DISCUSSION <br />At the City Council meeting on November 7, 2017, this item was tabled by City Council. <br />However, on December 5, 2017, Councilmember Sarmiento requested to place this item back on <br />the City Council agenda for December 19, 2017. <br />Santa Ana Senior Associates, a California Limited Partnership or a partnership created by Pacific <br />West Communities, Inc. (the "Developer"), consisting at least of the Developer or a related person <br />to the Developer and one or more limited partners, has requested that the California Municipal <br />Finance Authority (the "CMFA") adopt a plan of financing providing for the issuance of one or <br />more series of revenue bonds issued from time to time, including bonds issued to refund such <br />revenue bonds in one or more series from time to time, in an aggregate principal amount not to <br />exceed $120,000,000 (the "Bonds") for the acquisition, construction, improvement and equipping <br />of a 418 -unit senior multifamily rental housing project located at 2222 E. 1st Street, Santa Ana, <br />California, generally known as Villa Court Senior Apartments (the "Project") and operated by <br />Barker Management, Inc. <br />However, in order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of <br />Santa Ana must conduct a public hearing (the "TEFRA Hearing") providing for the members of <br />the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the <br />financing of the Project. Following the close of the TEFRA Hearing, an "applicable elected <br />representative' of the governmental unit hosting the Project, in this case the City, must provide its <br />approval of the issuance of the Bonds by the Authority for the refinancing of the Project. <br />On September 28, 2017, AMG and Associates submitted a request for a project subsidy equal to <br />70% of the City's annual affordable housing in -lieu fees collected from developers under the <br />Housing Opportunity Ordinance, up to a maximum of $1.75 million per year for 40 years. AMG <br />proposes to use the requested annual payment for debt service on their affordable housing <br />projects located at 2110, 2114 and 2222 E. 15t Street. The City has made no decisions on <br />whether it will provide financial support for the projects. <br />The bonds to be issued by the CMFA are the sole responsibility of the borrower. The City has no <br />financial or legal liability for the project or repayment of the bonds and does not constitute any <br />type of indebtedness for the City. In addition, this TEFRA Hearing and the adoption of the <br />Resolution shall not obligate the City or any department thereof to (i) provide any financing to <br />acquire or construct the Project or any refinancing of the Project; (ii) approve any application or <br />request for or take any other action in connection with any planning approval, permit or other <br />action necessary for the acquisition, construction, rehabilitation, installation or operation of the <br />Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take <br />any further action with respect to the Authority or its membership therein. In general, this action <br />by the City of Santa Ana will not obligate the City or any department thereof to undertake any <br />discretionary action related to the development of the project. <br />75G-2 <br />