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Draft Resolution- TEFRA Arbor View

Fremont City Council
April 7, 2026

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Draft Resolution- TEFRA Arbor View
Meeting
April 7, 2026
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Fremont City Council
Original file
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Resolution 2026-XX Page 1 of 3

RESOLUTION NO. 2026-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

APPROVING A PLAN OF FINANCE OF THE CALIFOR NIA

MUNICIPAL FINANCE AUTHORITY TO ISSUE AND REISSUE

REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED $25,000,000 FOR A QUALIFIED RESIDENTIAL RENTAL

PROJECT FOR THE BENEFIT OF CRP ARBOR VIEW APARTMENTS

LP, AND CERTAIN OTHER MATTERS RELATING THERETO

WHEREAS, CRP Arbor View Apartments L.P., a California limited partnership, or another ownership entity created by Central Valley Coalition for Affordable Housing, a California nonprofit public benefit corporation, or CRP Arbor View Apartments AGP LLC, a California limited liability company, its general partners (the “General Partners”), or by another affiliate of a General Partner (such limited partnership or other ownership entity (the “Borrower”) , has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance to issue and reissue from time to time one or more series of revenue bonds in an outstanding principal amount not to exceed $ 25,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, development and equipping of a 67-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at 41868 Osgood Road within the City of Fremont, California (the “City”); and WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Fremont City Council (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code because the Project is located within the territorial limits of the City; and WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a “plan of finance” to issue an original issue of Bonds and to issue or reissue one or more additional series of Bonds from time to time after the original issue of Bonds, if necessary or desirable to comply with applicable legal requirements, all in an aggregate principal amount not to exceed $25,000,000 to finance the Project, and all within the three-year period commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT, AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council finds the Arbor View housing development to be exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, CEQA Guidelines Section 15332 (Infill Development Projects) , and CEQA Guidelines Section 15061(b)(3) (Review for Exemption) and/or 15378(b)(2), (4) and/or (5), each as a separate and independent basis. The proposed activity to approve the issuance of bonds is a governmental fiscal or administrative action which will have no potential to adversely affect the environment, directly or indirectly.

SECTION 3. The City Council hereby approves the proposed plan of finance of the Authority to issue and reissue from time to time of one or more series of revenue bonds in an outstanding principal amount not to exceed $25,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

SECTION 4. The proposed plan of finance and issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the plan of finance or the Bonds.

SECTION 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

SECTION 6. 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 which 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 transaction approved hereby.

SECTION 7. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall LLP
4 West 4th Avenue, Suite 406
San Mateo, CA 94402

Resolution 2026-XX Page 3 of 3

SECTION 8. This resolution shall take effect immediately upon its adoption.

ADOPTED _____, 2026 by the City Council of the City of Fremont, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor

ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney

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