HomeMy WebLinkAboutRESOLUTIONS - 01272003 - 99-265 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 18,1999 by the following vote:
AYES• Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canciamilla
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 99/265
SUBJECT:
Resolution of the County of Contra)
Costa Conditionally Providing for )
the Issuance of Revenue Bonds to )
Finance the Construction of )
Multi-Family Housing Developments )
)
WHEREAS, the County of Contra Costa (the "County") is a legal
subdivision and body corporate and politic of the State of
California, duly organized and existing under the Constitution and
laws of the State of California; and
WHEREAS, the Board of Supervisors of the County, after careful
study and consideration, has determined that there is a shortage of
safe and sanitary housing within the County, and that it is in the
best interest of the residents of the County and in furtherance of
the health, safety and welfare of the public for the County to
assist in the financing of housing developments; and
WHEREAS, pursuant to Division 31 of the Health and Safety Code
of the State of California, and particularly Chapter 7 of Part 5
thereof (the "Act") , the County is empowered to issue and sell
bonds for the purpose of making mortgage loans or otherwise
providing funds to finance the development of multi-family rental
housing, including units for lower-income households and very-low
income households; and
WHEREAS, the Board of Supervisors has now determined to
provide financing for the multi-family developments identified in
Exhibit A hereto (the "Developments") , and in order to finance the
Developments the County intends to issue, at one time or from time
to time, revenue bonds pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
the County of Contra Costa as follows:
1 . The Board of Supervisors hereby determines that it is
necessary and desirable to provide construction and permanent
financing for the Developments pursuant to the Act or other
appropriate authority, by the issuance of Mortgage Revenue Bonds
(the "Bonds") , in an aggregate principal amount not to exceed the
amounts set forth in Exhibit A, subject to the conditions that with
99/265
respect to any development to be financed, (I) the County by
resolution shall have first agreed to acceptable terms and
conditions for the bonds (and for the sale and delivery thereof) ,
and for an indenture and all other agreements with respect to any
of the foregoing; (ii) all requisite governmental approvals shall
have first been obtained; (iii) the bonds shall be payable solely
from revenues received with respect to loans or other investments
made with the proceeds of such bonds, and neither the full faith
nor the credit of the County shall be pledged to the payment of the
principal of, or interest on any such bond; (iv) the County and the
respective developer/initial owner thereof identified on Exhibit A
hereto, or any partnership, corporation or other entity to be
formed by such developer/initial owner or by any principal thereof,
or any successor to the interests thereof approved by the County
(in any such case, the "Owner") , shall have entered into a
preliminary agreement concerning the financing, in substantially,
the form attached thereto as Exhibit B, with such additions or
deletions as are considered necessary or appropriate by the County
Director of Community Development or the County Administrator, and
the Owner, and the Chair of the Board, the County Administrator,
and the Director of Community Development are hereby authorized to
execute said preliminary agreement for in the name and on behalf of
the County; (v) any occupancy and other requirements of the Internal
Revenue Code of 1986, as amended (the "Code") are satisfied with
respect to bonds, the interest on which is intended to be excluded
from gross income for federal tax purposes; (vi) any occupancy and
other requirements of the Act are satisfied; and (vii) any
occupancy and other requirements of the County applicable to such
financing are satisfied.
2 . The Chair of the Board of Supervisors, the County
Administrator and ex-officio Clerk of the Board, the County
Director of Community Development, County Counsel and their
deputies and other officers of the County are hereby authorized and
directed to take whatever further action consistent with this
resolution may be deemed reasonable and desirable, including
participating in the preparation of any resolution, indenture, bond
purchase agreement, official statement and/or other documents or
agreements necessary or appropriate to effect such financing, and
any actions necessary to obtain an allocation of the volume cap for
the State of California to the extent required by the Code for the
issuance of bonds, the interest on which is intended to be excluded
from gross income for federal tax purposes.
3. It is the purpose and intent of the County that this
Resolution constitute official action toward the issuance of
obligations by the County to finance the Developments in accordance
with Sections 1. 103-8 (a) (5) (iii) , and 1. 150-2 of the Regulations of
the United States Department of the Treasury, or any successor
regulation promulgated under the Code. The County hereby declares
its official intent to use proceeds of the Bonds to reimburse the
Owner for certain expenditures made prior to the issuance of the
Bonds.
4 . This Resolution shall take effect immediate) upon its
passage and adoption. 1 hereby certify that this is� truZ and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
ATTESTED:
PHIL BATCH L , Clerk of the Board
oMA
ervi �°s and Co yt Administrator
Orig. Dept: Redevelopment Agency ByI " Deputy
Contact:
cc. Director of Community Development
County Counsel
County Administrator
JK:1h/c:bosrea.sh1
RESOLUTION NO.99/255
EXHIBIT A
Name of Maximum Location Number of Name of
Develonment Amount of Tait _ Developer/
of Bond Development Initial
Issue Owner
Valley Vista $25,000,000 Approximately 200 Care Works,LLC,
Village five(5)acres of and a to be named
a larger parcel at joint venture
20801 San Ramon partner.
Valley Blvd.,San
Ramon(Parcels A
and B with respect
to AP#209110-013
and 014.
JK:m
cyan
EXHIBIT B
James Kennedy, Deputy Director
Contra Costa County
Community Development Development
651 Pine Street, 4th Floor, N. Wing
Martinez, CA 94553
Dear Mr. Kennedy:
RE: Preliminary Agreements-
Multi=Family Mortgage Revenue Bond Financing
The purpose of this Agreement is to set forth certain terms and conditions under which the County
of Contra Costa, a legal subdivision and body corporate and politic of the State of California(the
"County"), will agree to assist in the financing of housing project for persons of low income(the
"Project")for (the "Owner") or for a related entity,
or for a successor to the interests thereof approved by the County, by issuing bonds(the "Bonds"),
subject to the conditions set forth herein and in Resolution No. of the County.
In consideration of the County's expression of willingness to provide such financing, the
Owner agrees as follows:
1. The Owner agrees to pay, or to make arrangements for persons other than the County
to pay, all costs involved in the issuance of the Bonds, including by way of example and not
limitation, fees and disbursements of bond counsel, the County, underwriters, or financing advisors
and any other experts engaged by the Owner or by the County in connection with the issuance of the
Bonds,bond printing and other printing costs, publication costs and costs incurred in order to obtain
a rating for the Bonds. Such costs may be paid from proceeds of sale of the Bonds. In the event that
the Bonds are not issued for any reasons, the Owner agrees to pay all of such costs and assume the
County's obligations, if any, for payment of such costs. Pursuant thereto, the Owner agrees to pay
a fee upon demand of the County in an amount equal to the lesser of 1/10 of one percent of the
amount of the proposed Bond issue or $2,000, as consideration of the County conditionally
expressing its intent to issue Bonds for the Project. Any amount so paid is to be credited toward the
County's cost of issuance.
2. The Owner agrees to pay the cost of preparation of any studies, reports or other
documents necessary to be prepared by or for the County to comply with the California
Environmental Quality Act.
3. The Owner agrees to pay any and all costs incurred by the County in connection with
any legal action challenging the issuance or validity of the Bonds or use of the proceeds thereof, or
challenging proceedings or determinations by the County under the California Environmental quality
Act.
The County agrees to proceed, and to direct bond counsel to proceed, with the planning and
preparation of the necessary proceedings for the offering of the bonds for sale to finance the Project.
The(honer understands that this Agreement does not exempt it from any requirements of the County
or any department or agency thereof or other governmental body that would apply in the absence of
the proposed Bond financing, and compliance with such requirements is an expressed precondition
to the issuance of the Bonds by the County.
The Owner further understands and agrees that the issuance of any Bands by the County is
contingent upon the County being satisfied with all of the terms and conditions of the Bonds and of
the issuance thereof and that such issuance is in the best interest of the County, and that the County
shall not be liable to the Owner or to any ether person if the County shall determine for any reason
not to issue the Brands.
IN WITNESS WIMREUF, the parties have executed this Agreement on
199®
(Owner)
By:
Date:
ACCEPTED:
COUNTY OF CONTRA COSTA
By:
James Kennedy
Deputy Director-Redevelopment
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 18, 1999, by the following vote:
AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canciarnilla
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: 1997 Uniform Building Code, } RESOLUTION NO. 991264
1997 Uniform Mechanical Code, }
1997 Uniform Plumbing Code, }
1997 Uniform Housing Code, )
1996 National Electric Code (as )
Amended by the California }
Building Standards Commission) )
Adoption—Findings )
Justifying Local Variances }
}
Pursuant to Government Code section 50022.2, this Board Intends to adopt the 1997
edition of the Uniform Building Code (UBC), 1997 edition of the Uniform Mechanical Code, (UMC)
1997 edition of the Uniform Plumbing Code (UPC), 1997 edition of the Uniform Housing Code
(UHC) and 1996 edition of the National Electric Code (NEC) (as amended by the California
Building Standards Commission), with modifications, as the County's building codes.
Health and Safety Code sections 17958, 17958.5 and 19758.7 require that in adopting
ordinances which make modifications or changes in the requirements contained in the State's
Building Standard Code and other regulations adopted pursuant to Health and Safety Code
section 17922, a determination must be made that said modifications or changes are reasonably
necessary because of local climatic, geological or topographical conditions.
The modifications to the 1997 Uniform Building Code, 1997 Uniform Mechanical Code,
1997 Uniform Plumbing Code, 1997 Uniform Housing Code and 1996 National Electric Code
involve changes to the State's Building Standards Code: specifically, amendments to UBC
sections 104.2.4, 904.2.1, and 1806.7.2; amendments to UPC sections 103.5.3.1 and 1211.7.1;
deletion of UHC Chapters 11 (except far sections 1101.1, 1103, 1104, 1104.2), 12, 13, 14, 15 and
16.
These modifications to the 1997 Uniform Building Code, 1997 Uniform Mechanical Code,
1997 Uniform Plumbing Code, 1997 Uniform Housing Code and 1996 National Electric Code are
the same as modifications that were made to the 1994 and 1988 Uniform Building Codes. The
fads, evidence and information relied upon by this Board to make these modifications to the 1994
Uniform Building Code and the 1988 Uniform Model Codes has not changed.
Based upon the fads, evidence and Information considered and relied upon by the Board
in modifying the 1994 Uniform Building Code, this Board hereby FINDS, pursuant to Health and
Safety Code section 17958.7,that the above-referenced modifications and changes to the 1997
Uniform Building Code, 1997 Uniform Mechanical Code, 1997 Uniform Plumbing Code, 1997
Uniform Housing Code and 1996 National Electric Code are reasonably necessary because of
local climatic, geological and/or topographical conditions.
Pursuant to Health and Safety Code section 17958.7,the Building inspection Department
is DIRECTED to send a certified copy of this resolution and the ordinance adopting and amending
the 1997 Uniform Building Code, 1997 Uniform Mechanical Code, 1997 Uniform Plumbing Code,
1997 Uniform Housing Code, and 1996 National Electric Code, to the State Department of
Housing and Community Development, and to the Building Standards Commission.
Orig.Dept: Building Inspection Department I hereby certify that this Is a true and correct
Cc: County Administrator copy of an action taken and entered on the
County counsel minutes of the Board of Supervisors on the
Community Development
date shown.
ATTESTED.
PHIL BATCH , Ci--rerkofof the Board
of Supprvisors md Coun dministrator
RESOLUTION �" � }"ty
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