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HomeMy WebLinkAboutMINUTES - 11232010 - SD.3RECOMMENDATION(S): 1. a) OPEN a public hearing, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended; b) CONSIDER public testimony concerning the proposed issuance by the ABAG Finance Authority of bonds in an aggregate principal amount not to exceed $5,500,000; and c) CLOSE public hearing. 2. ADOPT Resolution No. 2010/583, approving the issuance of bonds by the ABAG Finance Authority to benefit La Clinica De La Raza, Inc. (Concord area). FISCAL IMPACT: Pursuant to the Internal Revenue Code, the issuance of the Bonds must be approved by the County because the Facilities are located within the territorial limits of the County. There is no financial impact on the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/23/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tim Ewell (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 23, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 3 To:Board of Supervisors From:David Twa, County Administrator Date:November 23, 2010 Contra Costa County Subject:TEFRA HEARING - LA CLINICA DE LA RAZA, INC BACKGROUND: La Clinica De La Raza, Inc., a California not-for-profit corporation, has requested that the ABAG Finance Authority (the "Authority") participate in the issuance of bonds, in an aggregate principal amount not to exceed $5,500,000 (the "Bonds"). A portion of such Bond proceeds is intended to finance the renovation and improvement of a 14,230 square foot building located at 1040 Oak Grove Road in Concord, California for use as a medical and dental clinic, replacing an existing facility currently located in Pleasant Hill, California. In order for the interest on the bonds to be excluded from the gross income of the owner of the bonds (i.e. tax-exempt), an "applicable elected representative" of the government unit must approve the issuance of the bonds after a public hearing ("TEFRA hearing") following reasonable public notice. Because the Authority's Board of Directors is not an elected body, the Code provides that a government unit with elected representatives and jurisdiction over the area in which the project to be financed is located, in this case, the Board of Supervisors of Contra Costa County, is an "applicable elected representative" with respect to the bond issue. The Internal Revenue Code requires that the Board of Supervisors hold a TEFRA public hearing regarding the issuance of the bonds and adopts a resolution approving the issuance of the bonds by the Authority. Staff recommends that the Board of Supervisors hold the public hearing, consider public input, and adopt the resolution regarding the issuance of the bonds. This approval is with the expressed understanding that the County shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Authority's issuance of these bonds. CONSEQUENCE OF NEGATIVE ACTION: The ABAG Finance Authority will not be able to issue bonds on behalf of La Clinica De La Raza, Inc. delaying or canceling planned improvements to the future medical and dental clinic in Concord, California. CHILDREN'S IMPACT STATEMENT: The new clinic plans to serve approximately 4,600 youths annually. CLERK'S ADDENDUM CLOSED public hearing; and ADOPTED Resolution No. 2010/583, approving the issuance of bonds by the ABAG Finance Authority to benefit La Clinica De La Raza, Inc. ATTACHMENTS Resolution No. 2010/583 Proof of Publication - Clinica De La Raza TEFRA Hearing Notice