HomeMy WebLinkAbout2013-07-23; City Council; 21307; Termination Joint Powers SD Housing Finance AgencyCITY OF CARLSBAD - AGENDA BILL
TERMINATION OF THE JOINT
EXERCISE OF POWERS AGREEMENT
CREATING THE SAN DIEGO AREA
HOUSING & FINANCE AGENCY
DEPT. HEAD
CITY ATTY.
CITY MGR.
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RECOMMENDED ACTION:
Adopt Resolution No. 2013-183 to authorize the termination of the Joint Exercise of Powers
Agreement (the "Agreement") Creating the San Diego Area Housing & Finance Agency (the "Agency")
pursuant to article 7, section 7.01 of the Agreement, and authorizing the President, the Secretary, and
the General Counsel of the Agency to execute documents necessary to the closing out of the affairs
of the Agency, finding that the Agency has fulfilled its purpose.
ITEM EXPLANATION:
The Agency was created in 1999 to provide home mortgage loans to qualified persons and families,
finance the construction, rehabilitation, acquisition, lease, and sale of housing, and to issue revenue
bonds to provide the necessary funds for these housing programs. The current Agency membership
consists of the Cities of Carlsbad, El Cajon, Encinitas, Escondido, National City, San Marcos, Santee,
Vista and the County of San Diego.
The Agency has served its stated purpose and is no longer necessary because ail projects and
programs have been completed. The Agency has no outstanding obligations or claims, and all bonds
and interests have been paid. The Board of the Agency has determined that as the Agency has
served its purpose and is no longer necessary, it is in the best interests of the Agency and its
members to terminate the Agreement once all ongoing work is completed and audits received through
the fiscal year 2012. The Agency's final audit, for fiscal year 2012, was recently completed and
approved by the Board.
The Board of Directors is requesting that each member city and county adopt a resolution authorizing
the termination of the Agency.
The Board of Directors is further requesting that the resolution include authorization for the President,
the Secretary, and the General Counsel of the Agency to execute documents necessary to close out
the affairs of the Agency.
FISCAL IMPACT:
The termination of the Agency will result in approximately $13,333 to be returned to the City as its
share of the remaining assets of the Agency.
DEPARTMENT CONTACT: Frank Boensch 760-434-2818 frank.boensch(@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
WITHDRAWN • RETURNED TO STAFF •
AMENDED • COUNCIL RECEIVED THE •
REPORT/PRESENTATION
OTHER-SEE MINUTES •
PAGE 2
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within
the meaning of 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.
EXHIBITS:
1. Resolution No. 2013-183 to authorize the termination of the Joint Exercise of Powers
Agreement (the "Agreement") Creating the San Diego Area Housing & Finance Agency (the "Agency")
pursuant to article 7, section 7.01 ofthe Agreement, and authorizing the President, the Secretary, and
the General Counsel of the Agency to execute documents necessary to the closing out of the affairs
of the Agency, finding that the Agency has fulfilled its purpose.
1 EXHIBIT 1
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CITY COUNCIL RESOLUTION NO. 2013-183
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
4 AUTHORIZING TERMINATION OF THE JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE SAN DIEGO AREA HOUSING i& FINANCE
5 AGENCY.
6 WHEREAS, the San Diego Area Housing & Finance Agency ("Agency") was originally created
7 by a Joint Exercise of Powers Agreement ("Agreement") in 1999; and,
8 WHEREAS, the current Agency membership consists of the Cities of Carlsbad, El Cajon,
9 Encinitas, Escondido, National City, San Marcos, Santee, Vista and the County of San Diego; and,
10 WHEREAS, the Agency was created to, among other things, provide home mortgage loans to
11 qualified persons and families, fmance the construction, rehabilitation, acquisition, lease, and sale of
12 housing, and issue revenue bonds to provide the funds therefore; and,
13 WHEREAS, the Agency has served its stated purpose in providing such loans and fmancing, and
14 is no longer necessary because all projects and programs have been completed; and,
15 WHEREAS, the Agency currently has no outstanding obligations or claims, and all bonds and
16 interest have been paid (as required prior termination in the Agency's JPA Agreement); and,
17 WHEREAS, the Agency has received and approved audits for each of the fiscal years concluding
18 with fiscal year 2012; and,
19 WHEREAS, the Agency's Board of Directors approved a recommendation for each of its
20 member agencies that the Agency should be terminated, and that each member city council be asked to
21 vote for such termination.
22 NOW, THEREFORE BE IT HEREBY RESOLVED as follows:
23 1. That the above recitations are true and correct.
24 2. That the City Council of the City of Carlsbad authorizes the termination of the San Diego
Area Housing & Finance Agency Joint Exercise of Powers Agreement in accordance with
25 article 7, section 7.01 of the Agreement and, to the extent possible, any remaining assets of
the Agency are to be divided among the Agency's current member cities and county in
26 accordance with article 7, section 7.02 of the Agreement. Upon termination, the Agency shall
continue to exist for the limited purposes of closing out the affairs of the Agency in
27 accordance with article 7, section 7.03 of the Agreement.
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That the President or any Vice President, the Secretary, and the general counsel for the
Agency, are each of them hereby authorized to execute such documents and approve any
releases, terminations, certificates, or other such documents, necessary to file with all
appropriate state or federal agencies to effect the termination of the Agency; and further,
to execute such documents, issue such negotiable instruments, and otherwise conduct
such post-termination business required from time to time to close out and wind up the
affairs of the Agency, all in accordance with article 7, section 7.03 of the Agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 23'"'^ day of July, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, Cii^ Clerk