Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025
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RESOLUTION NO. 2025-001
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ISSUANCE OF REVENUE
OBLIGATIONS BY THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY FOR THE PURPOSE OF
FINANCING AND REFINANCING THE COST OF THE
ACQUISITION, CONSTRUCTION, RENOVATION,
EQUIPPING, AND FURNISHING OF CERTAIN
HEALTHCARE FACILITIES FOR THE BENEFIT OF
BENEVOLENCE INDUSTRIES INCORPORATED
WHEREAS, Benevolence Industries Incorporated (“Borrower”) has requested the California Enterprise Development Authority (“Authority”) facilitate the issuance of revenue obligations (“Obligations”) in an aggregate principal amount not to exceed thirty-seven million dollars ($37,000,000), the proceeds of which are to be loaned to the Borrower for the purpose of (a) financing and/or refinancing the cost of acquisition, construction, renovation, equipping, and furnishing of certain healthcare and ancillary facilities at various locations; (b) fund a debt service reserve fund, working capital, and capitalized interest with respect to the Obligations; and (c) pay certain costs of issuance and other related costs in connection with the issuance of the Obligations; and
WHEREAS, Obligations in an aggregate principal amount not to exceed nine million five hundred thousand dollars ($9,500,000) will specifically be used to finance and/or refinance the cost of acquisition, construction, renovation, equipping, and furnishing of certain healthcare and ancillary facilities located at 505-515 North Arrowhead Avenue, San Bernardino, California 92401 (consisting of approximately 58,160 square feet) (“San Bernardino Facility”); and WHEREAS, the Borrower (a California non-profit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 as amended (“Code”)) owns and operates the San Bernardino Facility in connection with its mission of providing quality health care and excellent educational programs to the under-served and uninsured in Southern California; and
WHEREAS, the issuance of the Obligations by the Authority must be approved by a governmental unit having jurisdiction over the territorial limits in which the San Bernardino Facility is located pursuant to the public approval requirement of Section 147(f) of the Code; and WHEREAS, the City of San Bernardino (“City”) has jurisdiction of the Borrower’s San Bernardino Facility; and
WHEREAS, the San Bernardino Facility is located within the territorial limits of the City, and the City Council is an elected legislative body of the City; and Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025
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WHEREAS, the Authority and the Borrower have requested the City Council approve the issuance of the Obligations and the financing of the San Bernardino Facility with the proceeds of the Obligations for purposes of complying with Section 147(f) of the Code and the Joint Exercise of Powers Act (comprising Articles 1, 2, 3, and 4 of Chapter 5 of Division 7 of Title 1 commencing with Section 6500 of the Government Code of the State of California (“JPA”)); and WHEREAS, a public hearing was held by the City Council on January 15, 2025, at the Feldheym Central Library following a duly published notice thereof in a newspaper of general circulation in San Bernardino County, and all persons desiring to be heard have been heard; and WHEREAS, it is intended this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, this Resolution is neither intended to nor shall it constitute an approval by the City Council of the San Bernardino Facility for any other purpose (including but not limited to compliance with the California Environmental Quality Act codified within the California Public Resources Code, Section 21100, et seq.).
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are incorporated herein by this reference.
SECTION 2. Approval. The City Council hereby approves the issuance of the Obligations by the Authority (from time to time pursuant to a plan of finance), which Obligations may be tax- exempt and/or taxable as approved by the Authority, of which an amount not to exceed nine million five hundred thousand dollars ($9,500,000) shall be applicable to the San Bernardino Facility. This Resolution shall constitute approval of the issuance of the Obligations pertaining solely to the San Bernardino Facility and the financing only of the San Bernardino Facility within the meaning of Section 147(f) of the Code and for purposes of the JPA.
SECTION 3. Authority Responsibility. The issuance of the Obligations shall be subject to the approval by the Authority of all documents relating thereto to which the Authority is a party.
The City shall have no responsibility or liability whatsoever with respect to the Obligations.
SECTION 4. City Officer Responsibility. The City’s officers 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 transaction approved.
SECTION 5. Adoption. The adoption of this Resolution shall not obligate the City or any department thereof to (a) provide any financing with respect to the San Bernardino Facility; (b) approve any application or request for or take any other action in connection with any planning approval, permit, or other action necessary with respect to the San Bernardino Facility; (c) make any contribution or advance any funds whatsoever to the Authority or the Borrower; or (d) take any further action with respect to the Authority or its membership therein.
Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025
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SECTION 6. City Clerk Responsibility. The City Clerk is hereby directed to forward a certified copy of this Resolution to Bond Counsel for the Obligations, addressed as follows:
Jessica I. Shaham, Esq.
Kutak Rock LLP
777 South Figueroa Street, Suite 4550
Los Angeles, California 90017
SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications; and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
_________________________
Sonia Carvalho, City Attorney
Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-001, adopted at a regular meeting held on the 15 th day of January 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of January 2025. ______________________________
Genoveva Rocha, CMC, City Clerk