HomeMy WebLinkAbout2011-02-08; Housing & Redevelopment Commission; Resolution 495c
1 RESOLUTION NO. 495
2 A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING
4 REIMBURSEMENT AND REPAYMENT SCHEDULE
AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND
5 THE CARLSBAD HOUSING AND REDEVELOPMENT
COMMISSION FOR REIMBURSEMENT AND REPAYMENT
6 OF ADMINISTRATIVE COSTS AND PROVISION OF
FINANCIAL ASSISTANCE FOR IMPLEMENTATION OF
7 REDEVELOPMENT ACTIVITIES TO BENEFIT THE SOUTH
CARLSBAD COASTAL REDEVELOPMENT AREA.8
9 WHEREAS, the City Council of the City of Carlsbad activated the Housing and
10 Redevelopment Commission in October 16, 1979 and declared itself to constitute the
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Commission for the purposes of implementing redevelopment activities within the City of
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Carlsbad; and13
14 WHEREAS, the Commission is engaged in activities necessary to execute and
15 implement the Redevelopment Plan for the South Carlsbad Coastal Redevelopment
16 Area; and
17 WHEREAS, pursuant to Section 33445(a) of the California Community
18 Redevelopment Law ("CRL"), in effect as of January 1, 2011, the Commission may, with
19 the consent of the City Council, pay all or part of the value of the land for and the cost of
20 the installation and construction of any building, facility, structure, or other
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improvements which is publicly owned either within or outside a project area, if the City
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Council makes certain determinations; and
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WHEREAS, pursuant to Section 33455(c) of the CRL, in effect as of January 1,
25 2011, when the value of the land or the cost of installation and construction of the
26 building, facility, structure or other improvement, or both, has been, or will be, paid or
27 provided for initially by the City, the Commission may enter into a contract with the City
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1 under which the Commission agrees to reimburse the City for all or part of the value of
2 the land or a part of the cost of the building, facility, structure or other improvement, or
3 both; and
4 WHEREAS, pursuant to Section 33678 of the CRL, in effect as of January 1,
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2011, the Commission may pay for employee or contractual services of the City if the
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services are directly related to the purposes of redevelopment, as set forth in Sections
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33020 and 33021 of the CRL, as in effect as of January 1, 2011, and primarily benefit8
9 the Project Area ("Redevelopment Activity Costs"); and
!0 WHEREAS, the City Council has determined that it is in the best interest of the
11 City and for the common benefit of citizens residing in the City to provide for, among
12 other things, the reimbursement to the City for the following: (1) Redevelopment Activity
13 Costs, and (2) the value of land for and the installation and construction of any building,
14 facility, structure, or other improvements which is public owned either within or outside
the Project Area ("Development Costs"), specifically including, but not limited to the
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Redevelopment Activity Costs and the Development Costs (collectively referred to as
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"Costs") in connection with the acquisition and construction of certain improvements, as
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more specifically described in Section No. 1 of the Reimbursement Agreement (the
20 "Project"); and
21 WHEREAS, the Project consists of one or more buildings, facilities, structures, or
22 other improvements which are or will be publicly owned and which are located both
23 within and outside of the Project Area. The City Council and Commission have
determined that the Project is of benefit to the Project Area; and
25 WHEREAS, in accordance with Sections 33445 and 33678 of the CRL, in effect
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as of January 1, 2011, the Commission desires to enter into this Agreement to provide
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1 for the reimbursement to the City of the Costs, specifically including, but not limited to,
2 the Costs of the Project, to the extent paid or provided for initially by the City.
WHEREAS, pursuant to the Community Redevelopment Law, in effect as of
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January 1, 2011, and the previously approved Cooperative Agreement, the Housing and
5 Redevelopment Commission is continuing to perform a public function of the City of
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Carlsad and may have access to staff and other administrative services and facilities of
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the City, and may accept financial assistance from the City to complete redevelopment8
g activities and/or projects for benefit of the South Carlsbad Coastal Redevelopment
10 Areas; and
11 WHEREAS, the City of Carlsbad and Housing and Redevelopment Commission
12 have a need to approve Reimbursement and Repayment Schedule Agreements to
13 confirm the existing indebtedness of the Agency for the South Carlsbad Coastal
14 Redevelopment Area, and to set forth the anticipated loans required in subsequent
years to complete redevelopment projects and other activities within the South Carlsbad
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Coastal Redevelopment Area; and
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WHEREAS, any legislation by the State of California which shall threaten or18
otherwise hinder the lawful implementation of redevelopment activities within the South
2Q Carlsbad Coastal Redevelopment Area as well as the Village Redevelopment Project
21 Area, and/or cause one or more contractual defaults by the Commission shall be
22 opposed by the Commission and legal action shall be taken as appropriate to protect
23 these contractual agreements and ensure compliance by the Commission.
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1 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
2 Commission of the City of Carlsbad, California, as follows:
3 1. That the above recitations are true and correct.
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2. That pursuant to the Reimbursement and Repayment Schedule Agreements,
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attached hereto and incorporated herein, the City agrees to pay or provide6
initially for any Costs associated with carrying out the Project in a cost
g manner which does not exceed the maximum debt capacity of the South
9 Carlsbad Coastal Redevelopment Project Area, and the Commission agrees
10 to repay the City for said advances and loans.
11 3. That pursuant to the Reimbursement and Repayment Schedule Agreements,
12 the Commission under subdivision (b) of Section 33670 of the CRL, in effect
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as of January 1, 2011, shall pay for all such Costs, with interest, from the date
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of expenditure by the City until fully reimbursed at the rate of interest earned
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from time-to-time by the City on its portfolio of investments.
17 4. The Housing and Redevelopment Commission does hereby approve the
18 Reimbursement and Repayment Schedule Agreements between the City of
19 Carlsbad and the Carlsbad Housing and Redevelopment Commission for the
20 provision of staff services and facilities and/or other resources, as necessary,
21 and to reconfirm the reimbursement of administrative costs and provision of
22 financial assistance for continued implementation of redevelopment activities
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in the South Carlsbad Coastal Redevelopment Areas, including any activities
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agreed upon following expiration of said redevelopment plans as allowed per
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redevelopment law in effect as of January 1, 2011.26
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1 5. The Housing and Redevelopment Commission affirms existing indebtedness
2 to the City of approximately $2.2 million for redevelopment activities approved
to date, as well as approximately $250,000 in annual administrative costs for
4 the South Carlsbad Coastal Redevelopment Area, which have not yet been
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repaid to the City.
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6. The Housing and Redevelopment Commission hereby accepts additional
indebtedness of approximately $5.6 million which has been previously
9 appropriated by the City for the Carlsbad Boulevard Realignment Study and
10 the Encinas Creek Bridge Replacement/Repair project on behalf of the
Commission, and finds that these projects are of benefit to, and consistent
19 with the goals and objectives, of the South Carlsbad Coastal Redevelopment
Project Area Plan. The Commission also finds that these projects will
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eliminate blight or blighting influences within the Area as set forth in the
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Reimbursement Agreement.
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7. The Executive Director/City Manager and City Attorney, as legal Counsel to
the Commission, are hereby authorized to oppose, legally and/or otherwise,
19 any legislation by the State of California that threatens or jeopardizes the
20 implementation of redevelopment activities within the South Carlsbad Coastal
and Village Redevelopment Project Areas, and/or will prevent the lawful
22 compliance of the Commission with the contractual arrangement set forth in
23 the attached agreements.
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8. The Chairman of the Commission is hereby authorized to execute said
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Reimbursement and Repayment Schedule Agreements in substantially the
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1 form approved by the Housing and Redevelopment Commission and with
2 prior approval of the City Attorney.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on
the 8th day of February, 2011, by the following vote to wit:
AYES: Commission Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
MATT HALU Chairman
ATTEST:
LISA HILDABRAND, Secretary
(SEAL)
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