AVE 34 5/16 TEFRA HEARING blocked for violations

 



      




      

















  5/18/21 12:18 AM, 
 
Dear City Council Clerk, City Controller Galperin, City Attorney Feuer, City Council President Martinez, HCID General Manager Sewill, Mayor Garcetti,  CSCDA , CDLAC and Xavier Becerra,

This message is to inform you of a certain TEFRA hearing notice violation re: Case File: 20-1359, Item #4 on tomorrow's 5/18/21 LA City Council agenda, "141 West Avenue 34 / (CSCDA) / ($105 Million TEFRA)". This hearing does not satisfy the public approval requirement of Sec.147(f) of the Internal Revenue Code. This upcoming TEFRA hearing fails to meet the public notice and approval process under sec.147(f). The "public notice" for this hearing was only posted on the LA City Council agenda which was posted to their website on 5/14/21. Not on a public announcement page either, as required. That only gives the public FOUR DAYS NOTICE for a Tefra hearing if the hearings on the 18th. Tefra regulations have a 7 day public notice requirement

This is a motion seeking $105 Million in bonds to build 67 "affordable units". This money is being misappropriated to fund the construction of a 468 unit luxury development in an extremely low income neighborhood called Lincoln Heights that adamantly opposes this project. The public has been sidelined and is watching and very aware of what's going on with this CF and the intentional blocking of the public from discourse.  Also, this public notice was supposed to be printed in a newspaper, as indicated in Mr. Cedillo's motion- but there is no record of such notice printed. We also submitted an inquiry seeking "proof of publication of public hearing notice" but have received no response (see letter attached below).  This Tefra hearing should not be on this Agenda for 5/18 because it doesn't meet the Criteria in terms of TEFRA Public Notification.  This Tefra/ CSCDA motion should be Tabled because the PUBLIC has not received adequate NOTIFICATION to Participate in the hearing. 

Section 5f.103-2(g)(2) states that a public hearing is a “forum providing a reasonable opportunity for interested individuals to express their views, both orally and in writing, on the proposed issue of bonds and the location and nature of a proposed facility to be financed.” In defining reasonable public notice, § 5f.103-2(g)(3) states that the public notice must be “reasonably designed to inform residents of the affected governmental units, including residents of the issuing unit and the governmental unit where a facility is to be located, of the proposed issue.” The notice must state the time and place for the hearing and must contain the information contained in § 5f.103-2(f)(2). Notice is presumed to be reasonable if it is published no fewer than 7 days before the scheduled hearing.

"The purpose of the public notice and approval requirement of § 147(f) is to ensure that the affected members of the general public will be notified of a pending bond issue and made aware of the intended use of proceeds in order to elicit comments that will ensure a substantial public benefit from issuing the bonds."
Satisfying the public approval requirement of § 147(f) of the Internal Revenue Code.

1. Public Hearing Notice Posting Period is Seven Days
Under the new TEFRA regulations, a notice of public hearing (or TEFRA notice) published or posted at least seven days prior to the public hearing will be presumed to give reasonable notice to members of the public who might wish to attend the hearing.
2. Website Posting of Public Hearing Notices
In order to use website posting as a means of promulgating a TEFRA notice, the new TEFRA regulations require the notice to be posted on the governmental unit’s (or the conduit issuer’s) “primary public website” on a webpage that is used to inform residents about events affecting them.  In addition, apparently in recognition that websites are frequently updated and changed, the new TEFRA regulations state that issuers will be responsible for maintaining records (presumably for at least as long as the bonds remain outstanding, plus three years) showing that the TEFRA notice in fact was timely posted to an appropriate webpage.


EMAIL SENT 5/15/21 SEEKING PROOF OF PUBLICATION
Good evening, this is a CPRA request . Does the City Clerk have documentation of these GPN's?
We are looking for a "Proof of Publication" /"GPN-Government Public Notice" for THREE TEFRA HEARINGS for the same case file CF 20-1359 to confirm that they are in compliance with Section 147(f). This is for the issuance of a total of $125 Million in bonds for 141 West Avenue 34. They were likely published by CITY CLERK, COUNCIL AND PUBLIC SERVICES DIVISION 200 N SPRING ST ROOM 395 by JULIA AMANTI but could have been initiated by any CD1 office and staff.  The newspapers could be LA times of Los Angeles Daily Journal or any newspaper of general circulation within the city of LA. This would be three receipts for Classified ADS in a newspaper. We are looking for any record of written transaction or receipt of aforementioned Proof Of Publication for ALL THREE TEFRA HEARINGS  5/18/215/4/21 and 10/21/20 (published 10/14/20/ LA Daily Journal). 
These three documents may reside in the emails of CD1 office and staff . Please search all CD1 office and staff emails or documents pertaining to this request.   The date range for all three items is 10/1/20- 5/18/21.
TEFRA hearing 1: 5/18/21. CF 20-1359 $105 Million "Whereas, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held" "
TEFRA hearing 2: 5/4/21 CF 20-1359 $105 Million "Whereas, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held  
TEFRA hearing 3: 10/21/20 CF 20-1359 $20 Million "Whereas, pursuant to Section 147(f) of the Code, the City caused a notice to appear in the Los Angeles Daily Journal, on October 14. 2020 


Thank You.
Lincoln Heights