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HomeMy WebLinkAbout75A - PH - RESO - MATER DEI BONDSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 1, 2016 TITLE: PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR THE BENEFIT OF MATER DEI HIGH SCHOOL AND RESOLUTION APPROVING THE ISSUANCE OF BONDS (STRATEGIC PLAN NO. 3,2) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ® Ordinance on 2na Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO I�I��gpf��iG1�7 1. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority on behalf of the Roman Catholic Bishop of Orange, for the benefit of Mater Dei High School, for the purpose of financing or refinancing the acquisition, construction and improvement of certain educational facilities. 2. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $9,200,000 for the purpose of financing or refinancing the acquisition, construction and improvement of certain educational facilities. DISCUSSION The proceeds of the bonds will be used by the Roman Catholic Bishop of Orange (the "Borrower "), for the benefit of Mater Dei High School (the "School "), pursuant to a plan of financing for: (1) the Project, as defined below, in the approximate amount of $6,640,660; (2) refinancing all or a portion of the Authority's outstanding Tax Exempt Revenue Bond (Mater Dei High School Project) Series 2012B, issued for the Prior Project, as defined below, in the approximate amount of $2,559,340; and (3) payment of costs of issuance and certain interest with respect to the bonds. The term "Project" means financing or refinancing the consensual acquisition by the Borrower from current owners pursuant to negotiated contracts of sale of all or a portion of the land located at the following addresses and the demolition of structures thereon or on the land identified as the Prior Project and grading, construction and site preparation of such land for temporary surface parking for the School: 75A -1 TEFRA Public Hearing for Mater Dei March 1, 2016 Page 2 APN Address Address City State Zip 1 013 - 224 -06 1127 W. Berkeley St Santa Ana CA 92707 2 013 - 226 -07 1126 W. Occidental St Santa Ana CA 92707 3 013 - 226 -08 1130 W. Occidental St Santa Ana CA 92707 4 013 - 225 -07 1131 W. Occidental St Santa Ana CA 92707 5 013 - 225 -08 1135 W. Occidental St Santa Ana CA 92707 6 015 -220 -16 1125 W. Saint Andrew PI Santa Ana CA 92707 7 015 - 220 -15 1129 W. Saint Andrew PI Santa Ana CA 92707 8 015 - 220 -14 1133 W. Saint Andrew PI Santa Ana CA 92707 9 015 - 220 -13 1137 W. Saint Andrew PI Santa Ana CA 92707 The term "Prior Project' means refinancing the acquisition of the land located at the following addresses: The Project and facilities are to be, and the Prior Project and facilities are, owned and operated by the Borrower, a corporation solely organized and existing under the laws of the State of California and described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the benefit of the School. The Borrower has requested the assistance of the California Municipal Finance Authority ( "Authority "). The Authority, which was established in 2004, was formed to assist local governments and non - profit organizations and businesses with the issuance of taxable and tax exempt bonds with the goal to promote economic, cultural, and community development. The City is a member of the Authority. However, in order for all or a portion of the bonds to qualify as tax - exempt bonds, the City must conduct a public Tax Equity and Financial Responsibility Act Hearing (the " TEFRA Hearing ") providing for the members of the community an opportunity to speak in favor of or against the use of tax - exempt bonds for the refinancing of the Project. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project, in this case the City, must provide its approval of the issuance of the bonds by the Authority for the refinancing of the Project. 75A -2 APN Address city State Zip 1 013 - 225 -13 1126 W. Berkeley St Santa Ana CA 92707 2 013 -225 -12 1130 W. Berkeley St Santa Ana CA 92707 3 013 - 224 -07 1131 W. Berkeley St Santa Ana CA 92707 4 013 -225 -11 1134 W. Berkeley St Santa Ana CA 92707 5 013 - 225 -10 1138 W. Berkeley St Santa Ana CA 92707 6 013 - 225 -06 1127 W. Occidental St Santa Ana CA 92707 7 013 - 226 -09 1134 W. Occidental St Santa Ana CA 92707 8 013 - 226 -10 1138 W. Occidental St Santa Ana CA 92707 9 013 - 225 -09 1139 W. Occidental St Santa Ana CA 92707 10 015 - 220 -01 1201 W. Saint Andrew PI Santa Ana CA 92707 The Project and facilities are to be, and the Prior Project and facilities are, owned and operated by the Borrower, a corporation solely organized and existing under the laws of the State of California and described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the benefit of the School. The Borrower has requested the assistance of the California Municipal Finance Authority ( "Authority "). The Authority, which was established in 2004, was formed to assist local governments and non - profit organizations and businesses with the issuance of taxable and tax exempt bonds with the goal to promote economic, cultural, and community development. The City is a member of the Authority. However, in order for all or a portion of the bonds to qualify as tax - exempt bonds, the City must conduct a public Tax Equity and Financial Responsibility Act Hearing (the " TEFRA Hearing ") providing for the members of the community an opportunity to speak in favor of or against the use of tax - exempt bonds for the refinancing of the Project. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project, in this case the City, must provide its approval of the issuance of the bonds by the Authority for the refinancing of the Project. 75A -2 TEFRA Public Hearing for Mater Del March 1, 2016 Page 3 The bonds to be issued by the Authority are the sole responsibility of the borrower. The City has no financial or legal liability for the project or repayment of the bonds and does not constitute any type of indebtedness for the City. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT The Authority shares 25 percent of all issuance fees directly with its member communities. With respect to the City of Santa Ana, it is expected that 25 percent of all issuance fees for this project attributable to the City will be granted by the Authority to the City. Upon receipt the funds will be deposited to the Micellaneous Revenues, Miscellaneous Recoveries Revenue Account (no. 01102002 - 57010). Kelly Reenders Executive Director Community Development Agency Exhibits: 1. Public Notice 2. TEFRA Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75A -3 75A -4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on March 1, 2016 a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held by the City of Santa Ana (the "City ") with respect to the proposed issuance by the California Municipal Finance Authority (the "Authority ") of its revenue bonds in one or more series in an aggregate principal amount not to exceed $9,200,000 (the "Bonds "). The proceeds of the Bonds will be used by the Roman Catholic Bishop of Orange (the "Borrower "), for the benefit of Mater Dei High School (the "School "), pursuant to a plan of financing for: (1) the Project, as defined below, in the approximate amount of $6,640,660; (2) refinancing all or a portion of the Authority's outstanding Tax Exempt Revenue Bond (Mater Dei High School Project) Series 2012B, issued for the Prior Project, as defined below, in the approximate amount of $2,559,340; and (3) payment of costs of issuance and certain interest with respect to the Bonds. The term "Project" means financing or refinancing the consensual acquisition by the Borrower from current owners pursuant to negotiated contracts of sale of all or a portion of the land located at the following addresses and the demolition of structures thereon or on the land identified as the Prior Project and grading, construction and site preparation of such land for temporary surface parking for the School: APN Address Citv State ZZri 1 013 - 224 -06 1127 W. Berkeley Street Santa Ana CA 92707 2 013- 226 -07 1126 W. Occidental Street Santa Ana CA 92707 3 013- 226 -08 1130 W. Occidental Street Santa Ana CA 92707 4 013 - 225 -07 1131 W. Occidental Street Santa Ana CA 92707 5 013 - 225 -08 1135 W. Occidental Street Santa Ana CA 92707 6 015- 220 -16 1125 W. Saint Andrew Place Santa Ana CA 92707 7 015- 220 -15 1129 W. Saint Andrew Place Santa Ana CA 92707 8 015- 220 -14 1133 W. Saint Andrew Place Santa Ana CA 92707 9 015- 220 -13 1137 W. Saint Andrew Place Santa Ana CA 92707 The term "Prior Project" means refinancing the acquisition of the land located at the following addresses: APN Address City State Zig 1 013 - 225 -13 1126 W. Berkeley Street Santa Ana CA 92707 2 013- 225 -12 1130 W. Berkeley Street Santa Ana CA 92707 3 013 - 224 -07 1131 W. Berkeley Street Santa Ana CA 92707 4 013 - 225 -11 1134 W. Berkeley Street Santa Ana CA 92707 5 013 - 225 -10 1138 W. Berkeley Street Santa Ana CA 92707 6 013 - 225 -06 1127 W. Occidental Street Santa Ana CA 92707 7 013 - 226 -09 1134 W. Occidental Street Santa Ana CA 92707 8 013 - 226 -10 1138 W. Occidental Street Santa Ana CA 92707 010 -8178- 1561 /6 /AMERICAS n XTg 9 013 - 225 -09 1139 W. Occidental Street Santa Ana CA 92707 10 015- 220 -01 1201 W. Saint Andrew Place Santa Ana CA 92707 The Project and facilities are to be, and the Prior 'Project and facilities are, owned and operated by the Borrower, a corporation sole organized and existing under the laws of the State of California and described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the benefit of the School. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. The hearing will commence at 5:45 p.m. or as soon thereafter as the matter can be heard, and will be held in the City Hall Council Chamber of the City of Santa Ana, 22 Civic Center Plaza, Santa Ana, California 92701. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments to the Cleric of the Council at the address indicated below. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, Cleric of the Council, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701. Dated: February 16, 2016 010 -8178 -1561 /6 /AMERICAS 75A -6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS (MATER DEI HIGH SCHOOL) SERIES 2016, IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $9,200,000, FOR THE PURPOSE OF FINANCING AND REFINANCING THE CONSENSUAL ACQUISITION OF PROPERTY, AS WELL AS THE CONSTRUCTION AND IMPROVEMENT OF PARIONG FACILITIES AND CERTAIN OTHER MATTERS PERTAINING THERETO WHEREAS, pursuant to Chapter 5 of Division 7 of Title I of the Government Code of the State of California (the "Act "), certain public agencies (the "Members' have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement") in order to form the California Municipal Finance Authority (the "Authority "), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the City of Santa Ana, California (the "City "), by City Council Resolution No. 2008 -053 adopted on July 7, 2008, is a Member of the Authority; and WHEREAS, the Roman Catholic Bishop of Orange, a corporation sole organized and existing under the laws of the State of California and described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Corporation"), has requested that the Authority participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $9,200,000 (the "Bonds ") for the benefit of Mater Dei High School (the "School "), for (a) financing or refinancing the acquisition of all or a portion of certain parcels of land adjacent to the School's campus, located at 1202 W, Edinger Avenue, Santa Ana, California 92707 (the "Campus ") and the demolition of structures thereon or on the land identified as the Prior Project and grading, construction and site preparation of such land for temporary surface parking for the School (collectively, the "Project "), in the approximate amount of $6,640,660; (b) refinancing all or a portion of the Authority's outstanding Tax Exempt Revenue Bond (Mater Dei High School Project) Series 2012B, issued to refinance the acquisition of certain parcels of land adjacent to the Campus (the "Prior Project "), in the approximate amount of $2,559,340, the Prior Project having been approved by the City through City Cou cit Resolution No. 2010 -055, adopted on November 15, 2010; and (c) the payment of certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, the Project is to be owned and operated by the Corporation for the benefit of the School and located within the City; and WHEREAS, the Corporation has requested the issuance of the Bonds in order to effect savings in interest rate and /or issuance costs to effect significant public benefits pursuant to the Act; and t bA—Y. WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code "), the issuance of the Bonds by the Authority must be approved by the City because the Project is to be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(1) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal .Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes; and WHEREAS, pursuant to Section 147(1) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Ana, as follows: Section 1. The foregoing recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority and finds the Project will affect the significant public benefits set forth in the recitals above. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority 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 to be located, in accordance with said Section 147(f), and (b) Section 4 of the Agreement. Section 3. The issuance of the Bonds shall be subject to approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to repayment or administration of the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing with respect to the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) talce any fiuther action with respect to the Authority or its membership therein. Section S. The City Manager and applicable Executive Directors are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and 75A -8 comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 6. This resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank] 75A -9 ADOPTED by the City Council of the City of Santa Ana at a regular meeting of the City Council held on the day of , 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attoi2agy n By:_ Ryan 75A -10 Title: