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05-19-2020 - AGENDA ITEM 08 PUBLIC HEARING REGARDING ISSUANCE OF TAX-EXEMPT BONDS FOR EMANATE HEALTH QUEEN OF THE VALLEY HOSPITALAGENDA ITEM NO.8 Xft AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: May 19, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: PUBLIC HEARING REGARDING ISSUANCE OF TAX-EXEMPT BONDS FOR EMANATE HEALTH QUEEN OF THE VALLEY HOSPITAL RECOMMENDATION: 1. Conduct a Tax Equity and Fiscal Responsibility Act hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of Emanate Health. 2. Adopt the following Resolution: RESOLUTION NO.2020-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS (EMANATE HEALTH), SERIES 2020 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $260,000,000 FOR THE PURPOSE OF FINANCING AND/OR REFINANCING THE ACQUISITION, CONSTRUCTION, EQUIPPING, IMPROVEMENT, RENOVATION, REHABILITATION AND/OR REMODELING OF HOSPITAL, HEALTH CARE AND RELATED FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO BACKGROUND: The California Statewide Communities Development Authority (CSCDA) was created in 1988, under California's Joint Exercise of Powers Act, to provide California's local governments with an effective tool for the timely financing of community -based public benefit projects. More than 500 cities, counties and special districts, including the City of West Covina, have become Program Participants to CSCDA — which serves as a conduit issuer and provides access to an efficient mechanism to finance locally -approved projects. CSCDA helps local governments build community infrastructure, provide affordable housing, create jobs, make access available to quality healthcare and education, and more. CSCDA provides an important resource to local government members. CSCDA has requested that the City conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing for the issuance of up to $260 million in tax-exempt bonds for the financing of Emanate Health (Emanate) facilities in West Covina, Covina and Glendora. The West Covina facility is Emanate Health Queen of the Valley Hospital Campus (Queen of the Valley) located at 1115 S. Sunset Avenue. In order for all or a portion of the bonds to qualify as tax-exempt bonds, the City of West Covina, as the governmental unit having jurisdiction over the area in which the facility is located, must conduct a TEFRA hearing. The TEFRA hearing is intended to provide members of the community an opportunity to speak on behalf of or against the proposed project. Prior to the TEFRA hearing, reasonable public notice must be provided to the members of the community. Notice of the TEFRA hearing was published on May 11, 2020 in the San Gabriel Valley Tribune (Attachment 2). Once the TEFRA hearing has been conducted, an "applicable elected representative" of the governmental unit hosting the proposed project must provide its approval of the issuance of the bonds for the financing of the project The City Council, as the elected legislative body of the City, is an applicable elected representative. DISCUSSION: Emanate is seeking tax-exempt bonds in a principal amount not to exceed $260 million for three facilities in West Covina, Covina, and Glendora. Since one of the facilities to be financed is located within the jurisdiction of the City of West Covina, the City has been asked to conduct a TEFRA hearing and adopt a resolution that approves the issuance of the bonds for the benefit of Emanate (Attachment 1). Emanate will utilize a portion of the bonds for the expansion of Queen of the Valley Hospital. The City approved the Specific Plan on November 5, 2019. Proceeds of the financing will be used for the Queen of the Valley Hospital Medical Arts Building, Parking Structure and a new Emergency Department and Intensive Care Unit Addition (the "Project"). A summary of each facility is outlined below: Medical Arts Building A new building, to be known as the "Medical Arts Building," is expected to be constructed on the Queen of the Valley Hospital campus and will include the following: • The Medical Arts Building currently is designed as a two-story, 60,000 square foot building. • The Medical Arts Building is expected to include: space to provide radiation treatment, medical and surgical oncology services (which will include a linear accelerator); an ambulatory surgery center with four operating rooms as well as pre- and post -operative areas and sterile processing; an infusion center with a satellite laboratory for point -of -care testing and blood draws; and space for specialty clinics. • In addition to the linear accelerator that will be installed in the Medical Arts Building, shell space that could accommodate a second linear accelerator also will be constructed. Parking Structure A multi -story parking structure and a surface parking lot are expected to be constructed adjacent to the Medical Arts Building. The parking structure is designed to include 411 spaces, and the surface parking is expected to include 350 additional parking spaces. Emergency Department and Intensive Care Unit Addition A new building is expected to be constructed adjacent to the existing Queen of the Valley Hospital facility. The building currently is designed as a two-story, 60,000 square foot building. The building is expected to include: a 60-bed emergency department; CAT scan and MRI suites; and a 24-bed intensive care unit and related support space. LEGAL REVIEW: The City Attorney's Office has reviewed and approved the resolution as to form. Prepared by: Paulina Morales, Economic Development and Housing Manager Fiscal Impact FISCAL IMPACT: There is no fiscal impact to the City. The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing. The City is not committed in any manner if the bonds are issued. Attachments Attachment No. 1 - Resolution No. 2020-26 Attachment No. 2 - Notice of Public Hearing CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness Protect Public Safety ATTACHMENT NO. 1 RESOLUTION NO.2020-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS (EMANATE HEALTH), SERIES 2020 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $260,000,000 FOR THE PURPOSE OF FINANCING AND/OR REFINANCING THE ACQUISITION, CONSTRUCTION, EQUIPPING, IMPROVEMENT, RENOVATION, REHABILITATION AND/OR REMODELING OF HOSPITAL, HEALTH CARE AND RELATED FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Emanate Health, a California nonprofit public benefit corporation (the "Corporation'), has requested that the California Statewide Corrnrnnities Development Authority (the "Authority) participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $260,000,000 (the `Bonds') for the acquisition, construction, equipping, improvement, renovation, rehabilitation and/or remodeling of hospital, health care and related facilities (the "Facilities') to be owned and operated by the Corporation or one of its affiliates (the "Project') and located within the City of West Covina (the "City); and WHEREAS, pursuant to Section 147(t) of the Internal Revenue Code (the "Code'), the issuance of the Bonds by the Authority must be approved by the City because the Facilities are located or to be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council') is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(4) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority for the purposes of financing and/or refinancing the Project in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the Agreement"), among certain local agencies, including the City; WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Facilities (the `Refunding Bonds'), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, pursuant to Section 147(1) 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 issuance of the Bonds by the Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves the issuance of the Bonds and Refunding Bonds by the Authority for the purposes of financing and/or refinancing the Project. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds and Refunding Bonds by the Authority and of the financing and/or refinancing of the Project, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the issuer of the Bonds and the governmental unit having jurisdiction over the area in which the Facilities are located or are to be located, in accordance with said Section 147(f) and (b) Section 9 of the Agreement. SECTION 2. 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 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 19th day of May, 2020. Tony Wu Mayor APPROVED AS FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-26 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof hell on the 19th day of May, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk San Gabriel Valley Tribune (Space below for use of County Clerk Only) Affiliated with SGV Newspaper Group 605 E. Huntington Dr., Suite 100 Monrovia, CA 91016 626-962-8811 ext. 40891 5266447 ORRICK 400 CAPITOL MALL SUITE 3000 SACRAMENTO, CA 95814-4497 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid. I am over the age of eighteen years and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation for the City of West Covina, by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 05/11/2020 I declare under the penalty of perjury that the foregoing is true and correct. Executed at Monrovia, LA Co. California On this 11th day of May, 2020. Signature Legal No. 0011383557 TEFRANOTICE NOTICE OF PUBLIC HEARING or c int Ian Avenue and B20 North Phillips Avenue, each in west Covina, California. The facilities are to be owned and operated by Emanate Health o r one of its affilimes, each a nonprofit public benefit corporation and an organization desc ri bed in SeCt iurl 541 it ] (31 of the CWL, The remainder of the proceeds of The Bonds will be used by Emanate Health or one of its offiiiotes to finance or refinance proiects located in the City of Covina and the C I ty of G lendara. The hearing wil3 commence at 7:90 p.m. or os soon Thereafter as the matter can be heo rd. In Eight of the COVID-W pandemic, Governor Newsom issued Executive Orders (N.M.20 and N•29.20), which temporarily suspend CBrtdin requiremen?5 of the Brown ACtduring the period in which slateor local public health officials have imposed or recommended social dista nclA measures. Pursuant to the Executive Orders, the City Council is authorized To hold public mWings via teleconferencing and 10 make public r eti s accessible telephonieall or otherwise electronically to allow the public to observo and odd ress The Clty Council. Consistent with the covernor•s Executive Orders, the City Council Chambers are closed to the public and the May W, 2620 City Council meeting will be conducted via Teconfnrence. The public may view the meeting IVve through the West Covi no Ciiv You Tube Channel at Www,westaavina,argliiye. Due to the Clty Council Chambers being closed to the public and consistent with Revenue Procedure 2020-21 issued by the Internal Revenue Service on May 4, 2020, the hearing on the issuance of the Bands will be conducted via teleconference. Interested persons wishing to express their views on the issuance of The Bonds or on the nature and location of the facliliies proposed to be financed anc%r refinanced may attend the public heart ng By telephone, or, prior To the lime of She hearing, submit written comments via email. To access the hearing lelephonieallly, members of the public may call in fa the hearing by ut i la i no the fo I I owing ca I I -in information: Telephone Number: (OD) 714-7514 Participant Cade: IInM If you intend to address The Citv Council ura7�g public yomment, Please contact the City Clerk by errea3l a} Clty_. er Krgwesicovina.org or by Teltohohe di (V6d 737$d33 Iyv b:W P_Ah, W Mdy 19, MI) to advise the City Clerk that you would like to address the City Council during public comment. When It is Time for nubllc comments, The City Clerk will call your name when rt Is you r Turn to speak. Please be aware that ail rules of procedure and decorum will apply _ when pdriiCf0dting n the hearing and 0ddeetsin9 the City Council by teleconference. If attending the hearing by teleconference, please set your phone to "mute" td eliminate background noise ar other ,Fllerference from teEeohonic participation. Public comments will oiso be accepted via email to the City Clerk at City CIL rk@wesfcovina.arg. The subiett line Should specify "Public Hearl, on Issuance of Tax Exempt Bonds•5119Y1020." Please Include your full name and address in your a -mail. The City ,lerk wilt read emails received by 6:30 P.M. on May 19, 2020 out loud into the public record. Please visit www.weStdavina.arg for information about the procedure for accommodation toy Ina I v laua Is W Im d i saoi I nl e& For additional information cancers the above matter. please contact the West Covina City Clerk, at 1d44 West Garvey Avenue South, W251 Covina, CoWfornia, 91790 or by email al City Clerk4westcovina.org. C7atea' May 11,'420 Son Gabriel Valley Trfbune Ad#11383557