HomeMy WebLinkAbout2020-11-17; City Council; Resolution 2020-218RESOLUTION NO. 2020-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR
SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA)
IMPROVEMENTS PROJECT FROM THE STATE WATER RESOURCES
CONTROL BOARD
WHEREAS, the City Council of the City of Carlsbad, California has determined that city
desires to finance the costs of constructing and/or reconstructing certain public facilities and
improvements relating to its wastewater system, specifically the SCADA Improvements Project
("Project"); and
WHEREAS, the city intends to finance the construction and/or reconstruction of the
Project or portions of the Project with moneys ("Project Funds") provided by the State of
California, acting by and through the State Water Resources Control Board ("State Water
Board"); and
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the
sale of obligations, the interest upon which is excluded from gross income for federal income
tax purposes ("Obligations"); and
WHEREAS, prior to either the issuance of the obligations or the approval by the State
Water Board of the Project Funds, the city desires to incur certain capital expenditures
("Expenditures") with respect to the Project from available moneys of the city; and
WHEREAS, the city has determined that those moneys to be advanced on and after the
date hereof to pay for the expenditures are available only for a temporary period and it is
necessary to reimburse the city for the expenditures from the proceeds of the obligations; and
WHEREAS, the city planner has determined that pursuant to Public Resources Code
section 21065, this action does not constitute a "project" within the meaning of the California
Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
Nov. 17, 2020 Item #2 Page 7 of 9
environment, and therefore does not require environmental review. City will complete a Notice
of Exemption for CEQA.
NOW, THEREFORE, BE IT resolved by the City Council of the City of Carlsbad, as follows
that:
1. The above recitals are true and correct.
2. The city hereby states its intention and reasonably expects to reimburse
Expenditures paid prior to the issuance of the Obligations or the approval by the State Water
Board of the Project Funds.
3. The reasonably expected maximum principal amount of the Project Funds is
$4,601,000.
4. This resolution is being adopted no later than 60 days after the date on which
the city will expend moneys for the construction portion of the Project costs to be reimbursed
with Project Funds.
5. Each city expenditure will be of a type properly chargeable to a capital account
under general federal income tax principles.
6. To the best of our knowledge, the city is not aware of the previous adoption of
official intents by the city that have been made as a matter of course for the purpose of
reimbursing expenditures and for which tax-exempt obligations have not been issued.
7. This resolution is adopted as official intent of the city in order to comply with
Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service
regarding qualified reimbursement of Project costs.
8. The city planner has determined that pursuant to Public Resources Code section
21065, this action does not constitute a "project" within the meaning of the California
Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and therefore does not require environmental review. City will complete a Notice
of Exemption for CEQA.
Nov. 17, 2020 Item #2 Page 8 of 9
'c-)p./Ctinii.,D0(tAct
BARBARA ENGLESON, CitylZfe°rk
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 17th day of November, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
(SEAL)
Nov. 17, 2020 Item #2 Page 9 of 9