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HomeMy WebLinkAboutR-11384 adopting the Reissuance of a Tax-Exempt Note by the Housing Authority of San Luis Obispo (TEFRA)R 11384 RESOLUTION NO. 11384 (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE REISSUANCE OF A TAX- EXEMPT NOTE BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO THAT PROVIDED FINANCING FOR VARIOUS MULTIFAMILY RENTAL HOUSING FACILITIES LOCATED IN THE CITY IN ORDER TO PRESERVE EXISTING AFFORDABLE HOUSING WHEREAS, the Housing Authority of the City of San Luis Obispo (the “Authority”) is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended (the “Act”), to incur indebtedness and to make loans for housing purposes specified in the Act; and WHEREAS, on October 16, 2018, the City Council of the City adopted Resolution No. 10949 (2018 Series) approving the incurrence by the Authority of a tax-exempt obligation of the Authority (the “Note”) for the purpose of providing financing for the acquisition and rehabilitation of various multifamily rental housing facilities located in the City in order to preserve existing affordable housing; and WHEREAS, on August 13, 2019, the Authority issued the Note in the principal amount of $57,000,000 and loaned the proceeds of the Note to RAD 175, L.P., a California limited partnership (the “Borrower”), the managing general partner of which is the San Luis Obispo Nonprofit Housing Corporation, and the Borrower used the proceeds of the loan to acquire and rehabilitate the housing facilities identified in Exhibit A to this Resolution (the “Housing Facilities”); and WHEREAS, all or a portion of the rental housing units in the Housing Facilities are being rented to persons and families of low or very low income as required by the Act and the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the interest payable on the Note is exempt from federal income taxes under the provisions of the Code; and WHEREAS, the Note is payable solely from payments made by the Borrower, and the Note is currently outstanding in the principal amount of $13,664,227.77; and WHEREAS, the Borrower and Pacific Western Bank, the entity currently holding the Note, have agreed to modify some of the documents executed in connection with the issuance of the Note to change the amortization schedule for the repayment of the principal of the Note (the “Modification”), and the Modification will result in a “reissuance” of the Note for purposes of the Code; and DocuSign Envelope ID: 49AF91D6-8697-463D-B968-7BED22C118B6 Resolution No. 11384 (2023 Series) Page 2 R 11384 WHEREAS, in order for the interest on Note to continue to be tax-exempt, Section 147(f) of the Code requires that the “applicable elected representative” with respect to the Authority approve the reissuance by the Authority of the Note following the holding of a public hearing with respect thereto; and WHEREAS, the Authority has determined that the Council of the City is the “applicable elected representative” to approve the reissuance by the Authority of the Note because all of the Housing Facilities are located within the City; and WHEREAS, notice of a public hearing by the Council regarding the reissuance of the Note and the financing of the Housing Facilities has been duly given as required by the Code, and the Council has held the public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing of the Housing Facilities, including the Authority's reissuance of the Note; and WHEREAS, the City has no liability or responsibility related to the repayment or administration of the Note, and the reissuance of the Note will not impose any legal, financial or moral obligation on the City; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purpose of the City that the Council approve the reissuance by the Authority of the Note for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Approval of Reissuance of Note. The Council of the City of San Luis Obispo hereby approves the reissuance by the Authority of the Note for purposes of the Code. SECTION 2. Effective Date. This Resolution shall take effect upon its adoption. DocuSign Envelope ID: 49AF91D6-8697-463D-B968-7BED22C118B6 Resolution No. 11384 (2023 Series) Page 3 R 11384 SECTION 3. Authorization to Execute. The Council hereby authorized the City Manager, Community Development Director and/or Finance Director of the City of San Luis Obispo to execute any documents necessary to effectuate the purposes of this Resolution. Upon motion of Vice Mayor Marx, seconded by Council Member Francis, and on the following roll call vote: AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and Mayor Stewart NOES: None ABSENT: None The foregoing Resolution was adopted this 10th day of January 2023. Mayor Erica A. Stewart ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. Teresa Purrington City Clerk DocuSign Envelope ID: 49AF91D6-8697-463D-B968-7BED22C118B6 1/12/2023 | 10:45 AM PST Resolution No. 11384 (2023 Series) Page 4 R 11384 EXHIBIT A HOUSING FACILITIES THAT WERE FINANCED Current Name of Facility Location of Facility Number of Rental Housing Units King-South-Branch 448 South Street, 441 Branch Street and 2173 King Street, San Luis Obispo, CA 8 Torro Gardens 1600 Toro Street, San Luis Obispo, CA 20 Hathway Apartments 508-520 Hathway Street, San Luis Obispo, CA 20 High Street 478-480 High Street, San Luis Obispo, CA 10 Palm View Apartments 11650-11690 Los Osos Valley Road, San Luis Obispo, CA 20 Leff Street Apartments 456-493 Leff Street, San Luis Obispo, CA 20 Highland Apartments 228 High Street, San Luis Obispo, CA 6 Loma Vista Apartments 2929 Augusta Street, San Luis Obispo, CA 16 Harris 2126 Harris Street, San Luis Obispo, CA 3 Royal Way 1497 Royal Way, San Luis Obispo, CA 8 Southwood 1240 Southwood Drive, San Luis Obispo, CA 3 Upham 711 Upham Street, San Luis Obispo, CA 3 Puerta Del Sol 4280 South Higuera, San Luis Obispo, CA 15 Arbor Place 1172 Leff Street, 1175 Islay Street and 1635 Toro Street, San Luis Obispo, CA 20 DocuSign Envelope ID: 49AF91D6-8697-463D-B968-7BED22C118B6