Tustin
City Council
9. CONDUIT FINANCING FOR USA TUSTIN LEGACY 5 & 6 APARTMENTS
PROJECT Conduct a public hearing under the Tax and Equity Fiscal
Responsibility Act ("TEFRA") on April 21, 2026 in connection with the
proposed issuance of revenue bonds by the California Municipal Finance
Authority (the "CMFA"), a joint exercise of powers authority and public
entity of the State of California, in an amount not to exceed $80,000,000,
(the "Bonds"), to finance and refinance the acquisition, construction,
development and equipping of a 334-unit (including four manager’s units)
multifamily rental housing project located on an approximately 5.46-acre
site generally bounded by Warner Avenue to the north, Compass Avenue
to the west, Legacy Road to the east and Airship Avenue to the south (the
Recommendation: Recommend the City Council: 1. CONDUCT A PUBLIC
HEARING UNDER THE REQUIREMENTS OF TEFRA AND THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE");
and 2. ADOPT RESOLUTION 26-19, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN APPROVING A PLAN OF FINANCE
INCLUDING THE ISSUANCE OF EXEMPT FACILITY BONDS BY THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE
OUTSTANDING PRINCIPAL AMOUNT NOT TO EXCEED $80,000,000
TO FINANCE AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL
PROJECT FOR THE BENEFIT OF TUSTIN 738, L.P. (OR AN
AFFILIATE), AND CERTAIN OTHER MATTERS RELATING THERETO
RESOLUTION NO. 26-19 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN APPROVING A PLAN OF FINANCE INCLUDING
THE ISSUANCE OF EXEMPT FACILITY BONDS BY THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE OUTSTANDING
PRINCIPAL AMOUNT NOT TO EXCEED $80,000,000 TO FINANCE AND
REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE
BENEFIT OF TUSTIN 738, L.P. (OR AN AFFILIATE), AND CERTAIN
OTHER MATTERS RELATING THERETO Fiscal Impact: The Bonds to be
issued by the CMFA for the Project will be the sole responsibility of the
borrower, Tustin 738, L.P., and the City will have no financial and legal
obligations, liability or responsibility for the Project or the repayment of the
Bonds for the financing of the Project. All financing documents with
respect to the issuance of the Bonds will contain clear disclaimers that the
Bonds are not obligations of the City of Tustin, the County of Orange, or
the State of California but are to be paid for solely from funds provided by
the Borrower. The Board of Directors of the California Foundation for
Stronger Communities, a California nonprofit public benefit corporation
(the "Foundation"), acts as the Board of Directors for the CMFA. Through
its conduit issuance activities, the CMFA shares a portion of the issuance
fees it receives with its member communities and donates a portion of
these issuance fees to the Foundation for the support of local charities.
With respect to the City of Tustin, it is expected that a portion of the
issuance fee attributable to the City will be granted by the CMFA to the
general fund of the City. Such grant may be used for any lawful purpose of
the City. The Borrower will be the beneficiary of the CMFA's charitable
donation through a 25% reduction in issuance fees.