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HomeMy WebLinkAboutReso 35-2021 (20-476)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council ' Resolution: RES 35-2021 File Number: 20-476 Enactment Number: RES 35-2021 A RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE GRAND AND LINDEN FAMILY APARTMENTS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY. WHEREAS, the City of South San Francisco ("City") is the owner of certain real property located in the City of South San Francisco, California, with the address of 418 Linden Avenue, known as County Assessor's Parcel Numbers ("APN") 012-314-010 ("418 Linden"); and WHEREAS, the City is also the owner of former Redevelopment Agency property located in the City of South San Francisco, California, with the address of 201-219 Grand Avenue, known as APNs 012-316-100, 012-316-110, 012-316-080 and 012-316-090 (collectively, "201 Grand Avenue"); and WHEREAS, in December 2015 the City approved entitlements for a residential project at 418 Linden Avenue and a mixed-use project at 201 Grand Avenue ("Project"); and, WHEREAS, in December 2016, following a competitive process, the City and Agency selected a developer, ROEM Development Corporation ("Developer"), to develop the 418 Linden Avenue and 201 Grand Avenue Projects; and WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of South San Francisco (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, Grand and Linden Family Apartments, LP or a partnership of which ROEM Development Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $45,000,000 in outstanding aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction and City of South San Francisco Page 1 File Number., 20-476 Enactment Number. RES 35-2021 development of a 84 -unit multifamily rental housing project located at 201 Grand Avenue and 418 Linden Avenue, South San Francisco, California (the "Project'); 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 governmental 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 the City Council of the City of South San Francisco (the "City Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 7 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 a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the "Refunding Bonds"), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF The CITY OF SOUTH SAN FRANCISCO AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitutes approval of the Bonds for the purposes of (a) Section 147(f) of the Code 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. This resolution shall take effect immediately upon its passage. City of South San Francisco Page 2 File Number: 20-476 Enactment Number: RES 35-2021 At a meeting of the City Council on 2/10/2021, a motion was made by Vice Mayor Nagales, seconded by Councilmember Nicolas, that this Resolution be approved. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by L�- 10sa Govea Acosta, City Clerk City of South San Francisco Page 3