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21
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2007
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041707
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REGULAR MEETING
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21
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4/12/2007 12:41:30 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/17/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
21
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In order to include the Pleasanton ValleyCare facilities in the financing, the Internal <br />Revenue Code requires the City to approve the issuance of debt at a TEFRA (Tax <br />Equity and Fiscal Responsibility Act) hearing. This is a requirement because the <br />proposed improvements are located in the City of Pleasanton. The City of Livermore <br />City Council has scheduled a similar public hearing in April. <br />According to bond attorneys Sidley Austin LLP, the bonds are issued as limited <br />obligations of CSCDA, not of the City, payable solely out of the revenues and receipts <br />derived from the applicable project or the loans by CSCDA to the respective borrower <br />with the proceeds of the bonds. Accordingly, the bonds issued for the project would be <br />indebtedness of CSCDA, and the City is not being asked to approve any of the <br />financing documents. The disclosure prepared for the bonds would not have any <br />information regarding the City and would not include the City's name, other than with <br />respect to where the project is located. As such, the bond payment obligation would not <br />be a debt of the City, nor count against the debt limit of the City. <br />By the nature of its membership with CSCDA, the City recognizes there is benefit to <br />assisting non-profits with obtaining tax-exempt financing for projects that provide public <br />benefit to California communities. The primary way of support is by assisting with the <br />financing of projects the CSCDA deems appropriate. The benefit of the CSCDA is that <br />assistance can be provided to nonprofits without directly involving individual member <br />cities, counties and special districts in the financing of projects. In this case, the City's <br />role would be to approve a resolution indicating its support for issuance of bonds by <br />CSCDA for this project. This approval requires a TEFRA (Tax Equity and Fiscal <br />Responsibility Act) public hearing to allow for public comment prior to the issuance of <br />the bonds. <br />In December 2005, the City Council conducted a TEFRA hearing and approved a <br />CSCDA tax-exempt financing to facilitate information technology improvements for <br />American Baptist Homes of the West (ABHOW), headquartered in Pleasanton. <br />Likewise, in May of 2006 Kaiser Permanente financed similar improvements through <br />CSCDA after obtaining City of Pleasanton approval. As with the ABHOW financing and <br />the Kaiser Foundation financing, the City's only action for the ValleyCare financing will <br />be to conduct the public hearing and approve the attached resolution. <br />Staff views approval of the attached resolution as an action to assist CSCDA and based <br />on its review, the financing is consistent with the mission of CSCDA. Staff has not <br />researched the specific benefits or project budget for the proposed project. As such, <br />staff is not specifically recommending these projects or endorsing the efforts of the <br />project sponsor. Rather, as indicated, approval of the resolution is viewed as <br />supporting the actions of CSCDA. <br />Page 3 of 4 <br />
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