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HomeMy WebLinkAbout2024-01-09; City Council; ; Tax and Equity Fiscal Responsibility Act Public Hearing for the Reissuance of Tax-Exempt Bonds for the Mariposa ApartmentsCA Review _ AF _ Meeting Date: Jan. 9, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Mandy Mills, Housing & Homeless Services Director mandy.mills@carlsbadca.gov, 442-339-2907 Subject: Tax and Equity Fiscal Responsibility Act Public Hearing for the Reissuance of Tax-Exempt Bonds for the Mariposa Apartments District: 2 Recommended Action Hold a public hearing as required by the Tax and Equity Fiscal Responsibility Act and the Internal Revenue Code of 1986 and adopt a resolution approving the reissuance of tax-exempt multifamily housing revenue bonds and certain actions required to remarket the bonds for the Mariposa Apartments, a 106-unit multifamily affordable rental housing development located in Carlsbad, California. Executive Summary In 2003, the City of Carlsbad issued multifamily housing revenue bonds in the original principal amount of $6,000,000 to provide for the acquisition and construction of the Mariposa Apartments development, a 106-unit multifamily affordable rental housing project, as part of its effort to increase affordable housing opportunities for lower income households in Carlsbad. The development, located on the west side of College Boulevard, just south of Carlsbad Village Drive is owned and operated by CIC Calavera, L.P., a California limited partnership, and managed by Chelsea Investment Corporation. The bonds have an outstanding principal balance of $3,650,000 and, under the terms of the trust indenture, the agreement in the bond contract between the bond issuer and the trustee, the bonds must be redeemed by Feb. 1, 2024, and be remarketed with a new maximum interest rate set forth in the trust indenture, known as the “strike rate.”1 Because interest rates have increased, the City Council needs to authorize an amendment to the trust indenture to increase the maximum interest rate, so that the bonds can be remarketed to final maturity. 1 This strike rate is the maximum interest rate, or cap, at which the owner of the option can buy or sell the underlying security. Jan. 9, 2024 Item #12 Page 1 of 14 Under the federal Tax and Equity Fiscal Responsibility Act and the Internal Revenue Code of 1986, the bonds cannot qualify as tax-exempt unless the City Council holds a public hearing so that community members can speak for or against the use of tax-exempt bonds for the financing of the project. Discussion Project background The site development plan for the Mariposa Apartments was approved by the City Council on Sept. 10, 2002 (SDP 01-05). It allowed for the development of 106 affordable apartment units. The Mariposa Apartments consists of one, two and three-bedroom apartments at rent levels serving extremely low-, very low- and low-income households. The project was developed by Chelsea Investment Corporation, completed in 2004, and satisfies the affordable housing requirement for the second phase of the Calavera Hills Master Plan. When the project was originally built, a number of financing sources had contributed to its deep affordability. These funding sources included the land and some capital from the master developer, tax credit equity, a loan from the State of California, and a loan form the city’s Housing Trust Fund. Additionally, the City of Carlsbad applied for a tax-exempt bond allocation and issued multifamily housing revenue bonds for the project. The purpose of the multifamily housing revenue bond financing is to increase or preserve the supply of affordable rental housing available to low- and very low-income households. The city is authorized to issue multifamily housing revenue notes and bonds under Section 52075 of the California Health and Safety Code. Bond financing The city’s multifamily housing revenue bonds issued for Mariposa Apartments (2003 Series A) are currently outstanding in the principal amount of $3,650,000 under the Trust Indenture dated June 1, 2003. The owner of the project is CIC Calavera, L.P., a California limited partnership. The bonds were issued for the purpose of assisting in the acquisition, construction and development of the 106-unit Mariposa Apartments, a multifamily affordable rental housing development, located at the following addresses: • 4631, 4634, 4635, 4639 and 4647 Rim Circle • 3420 Vale Blossom Court • 4659 and 4663 Red Bluff Place • 3424, 3444 and 3448 Clear Cliff Court • 4668, 4672 and 4676 Apple Hill Place ` The trust indenture provides for the remarketing of the bonds on the remarketing date of Feb. 1, 2024, at a remarketing rate not to exceed the strike rate, essentially an interest rate cap as defined in the trust indenture. The remarketing agent has notified the city that an amendment to increase the maximum strike rate may be needed to remarket the bonds under new terms until their maturity date. The trust indenture allows the city to amend the trust indenture Mariposa Apartments Jan. 9, 2024 Item #12 Page 2 of 14 (without the consent of any bond owners) in connection with the remarketing of bonds, subject to the consent of the owner and the credit provider (the Federal National Mortgage Association). The owner and credit provider have indicated that they are willing to agree to the proposed amendments to the trust indenture. If the trust indenture is amended to increase the maximum strike rate, then the remarketing of the bonds will constitute a “reissuance” of the bonds for purposes of the Internal Revenue Code of 1986. For the interest on the bonds to continue to be tax-exempt, Section 147(f) of the Internal Revenue Code requires that the City Council approve the reissuance of the bonds following a noticed public hearing on the financing of the project. The resolution approves the reissuance of the bonds and the form of a first supplement to the Trust Indenture dated June 1, 2003, amending the maximum strike rate for the bonds. A copy of the first supplement to the trust indenture is on file in the Office of the City Clerk. The resolution also authorizes certain designated officials of the city to execute and deliver the documents once they are finalized. If the bonds can be remarketed at the current strike rate, the first supplement to the trust indenture will not be delivered and the trust indenture will not be amended. For all or a portion of the bonds to qualify as tax-exempt, the City of Carlsbad is required under the federal Tax and Equity Fiscal Responsibility Act to conduct a public hearing, known as the TEFRA hearing, to provide an opportunity for community members to speak in favor of or against the use of tax-exempt bonds for the financing of the project. All parties should clearly understand: • The Bonds are not debt of the City of Carlsbad in any way. There is no obligation of any kind on the part of the City of Carlsbad, the City Council or any entity controlled by the City of Carlsbad to repay the debt. All repayment of debt is the strict obligation of the borrower • The City of Carlsbad’s participation in the reissuance of these bonds will not impact the city's appropriation limits and will not constitute any type of indebtedness by the city Public notification A seven calendar-day public Tax and Equity Fiscal Responsibility Act hearing notice was posted in a newspaper of general circulation on Dec. 29, 2023, and on the city website. Copies of the notice are available in the Office of the City Clerk. Fiscal Analysis There is no fiscal impact to the City of Carlsbad as a result of the adoption of the resolution, the amendment of the trust indenture, and the remarketing of the bonds. As noted above, the City of Carlsbad will have no financial, legal or moral obligation, liability or responsibility for the project or the repayment of the bonds for the financing of the project. All costs associated with these actions will be paid for by the owner of the project. Next Steps City staff will forward the approved resolution to the city’s Bond Counsel so the borrower can proceed with getting the bonds reissued. Jan. 9, 2024 Item #12 Page 3 of 14 Environmental Evaluation This action does not constitute a project as defined under the California Environmental Quality Act in accordance with Public Resources Code Section 21065, in that these actions may not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution Jan. 9, 2024 Item #12 Page 4 of 14 RESOLUTION NO. 2024-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE REISSUANCE OF TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS AND CERTAIN AMENDMENTS TO THE TRUST INDENTURE FOR THE MARIPOSA APARTMENT PROJECT, A 106-UNIT MULTIFAMILY AFFORDABLE RENTAL HOUSING DEVELOPMENT LOCATED IN CARLSBAD, CALIFORNIA WHEREAS, on June 13, 2003, the City of Carlsbad (the "City") issued its Multifamily Housing Revenue Bonds ("Mariposa Apartments"), 2003 Series A (the "Bonds") in the original aggregate principal amount of $6,000,000, pursuant to the provisions of Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code, to provide for the acquisition and construction of a multifamily rental housing development comprising 106 residential, multifamily affordable apartment units contained in 13 two-story buildings, known as Mariposa Apartments (the "Project") and located in the City of Carlsbad, California; and WHEREAS, the Project is presently owned by CIC Calavera, L.P., a California limited partnership (the "Owner"); and WHEREAS, the Bonds are currently outstanding in the principal amount of $3,650,000; and WHEREAS, the Bonds are subject to mandatory tender on the Remarketing Date of February 1, 2024 and must be remarketed as set forth in that certain Trust Indenture dated as of June 1, 2003 (the "Indenture"), by and between the City, as issuer, and Computershare Trust Company, N.A., as successor trustee (the "Trustee"); and WHEREAS, the Owner has requested that the Indenture be amended to increase the maximum Strike Rate (the remarketing interest rate) permitted therein, to facilitate the remarketing of the Bonds to the final maturity thereof (the "Amendment"); and WHEREAS, in connection with the Amendment, a First Supplement (Attachment A) to Trust Indenture has been prepared, to be entered into by and between the City and the Trustee, in substantially the form submitted to the City Council at this meeting (the "First Supplement to Trust Indenture"); and Exhibit 1 Jan. 9, 2024 Item #12 Page 5 of 14 WHEREAS, the Amendment may cause the Bonds to be "reissued" for federal income tax purposes; and WHEREAS, if the Bonds are reissued, the interest of the Bonds may qualify for tax exemption under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), only if the Bonds are approved in accordance with Section 14 7(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, the reissuance of the Bonds must be approved by the City Council of the City of Carlsbad because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City of Carlsbad is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the reissuance of the Bonds under Section 147(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, a notice of public hearing has been published in a newspaper of general circulation in the City, to the effect that a public hearing would be held by this City Council on the date hereof regarding the reissuance of the Bonds by the City and the nature and location of the Project; and WHEREAS, the City Council held such public hearing, at which time an opportunity was provided to present arguments both for and against the reissuance of such Bonds and the nature and location of the Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. The City Council approves the reissuance of the Bonds by the City, including but not limited to Bonds issued as part of a plan of financing and refinancing of the facilities described herein. It is the purpose and intent of the City Council that this resolution constitutes approval of the reissuance of the Bonds by the City Council, as the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with Section 147(f) of the Code. 3.The form of First Supplement (Attachment A) to Trust Indenture (a copy of which is on file with the City Clerk and which is hereby declared to be a part of this Resolution as if Jan. 9, 2024 Item #12 Page 6 of 14 fully set forth herein) submitted to the City Council is approved. The Mayor, the City Manager, the Assistant City Manager, any Deputy City Manager, the City Treasurer and the City Clerk or the designee thereof (each, an "Authorized Officer") are each authorized and directed, for and in the name of the City, to execute and deliver the First Supplement to Trust Indenture in the form hereby approved, with such additions thereto and changes therein as the officers executing the same deem necessary, and approval of such additions and changes shall be conclusively evidenced by the execution and delivery of such First Supplement to Trust Indenture by such officer or officers. The First Supplement to Trust Indenture shall be executed and delivered if an Authorized Officer determines, in consultation with Stradling Yocca Carlson & Rauth (the City's Bond Counsel), that the Amendment is necessary and appropriate to accomplish the remarketing of the Bonds to the Maturity Date. 4.The adoption of this Resolution shall not obligate the City of Carlsbad or any department thereof to (i) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; or (ii)make any contribution or advance any funds whatsoever to the Owner. 5.The Authorized Officers of the City of Carlsbad are authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the transaction approved hereby. 6.This resolution shall take effect immediately upon its adoption. Jan. 9, 2024 Item #12 Page 7 of 14 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of January, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk {SEAL) Jan. 9, 2024 Item #12 Page 8 of 14 Attachment A 4861-8388-7249v4/022062-0037 FIRST SUPPLEMENT TO TRUST INDENTURE by and between CITY OF CARLSBAD and COMPUTERSHARE TRUST COMPANY, N.A., as Trustee Relating to $6,000,000 CITY OF CARLSBAD MULTIFAMILY HOUSING REVENUE BONDS (MARIPOSA APARTMENTS) 2003 SERIES A Jan. 9, 2024 Item #12 Page 9 of 14 1 4861-8388-7249v4/022062-0037 FIRST SUPPLEMENT TO TRUST INDENTURE This FIRST SUPPLEMENT TO TRUST INDENTURE (the “Supplement”) is executed and entered into as of February 1, 2024 by and between the CITY OF CARLSBAD (the “City”) and COMPUTERSHARE TRUST COMPANY, N.A., a banking association organized and existing under the laws of the United States, as successor to Wells Fargo Bank, National Association, as trustee (the “Trustee”); W I T N E S S E T H : WHEREAS, the Trustee and the City previously executed and entered into a Trust Indenture (the “Indenture”), dated as of June 1, 2003, in connection with the issuance of the $6,000,000 City of Carlsbad Multifamily Housing Revenue Bonds (Mariposa Apartments) 2003 Series A (the “Bonds”); and WHEREAS, the Indenture provides for the remarketing of the Bonds on the remarketing date of February 1, 2024 at a Remarketing Rate not to exceed the Strike Rate (as defined in the Indenture); and WHEREAS, the Remarketing Agent has determined that the Bonds cannot be remarketed for a period extending to the Maturity Date unless the Strike Rate is amended to increase the maximum Strike Rate; and WHEREAS, Section 11.1(xii) of the Indenture expressly permits the City to amend the Indenture (without the consent of any Bond Owners) in connection with the remarketing of Bonds following any mandatory tender of the Bonds pursuant to Section 2.17 if such change is effective only after mandatory purchase; and WHEREAS, the Rating Agency has confirmed that this Supplement will not result in a suspension, withdrawal, or downgrade of the rating on the Bonds; and WHEREAS, the Credit Provider and the Borrower have each consented in writing to this Supplement; such written consents are attached hereto; and WHEREAS, the City desires to amend the Indenture to (a) increase the maximum Strike Rate and (b) provide for and refer to a Tax Certificate of the Borrower and Issuer dated concurrently herewith. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR OTHER VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: Section 1. Amendments to Section 1.2 of the Indenture. (a) Commencing upon the Effective Date of this Supplement, the term “Strike Rate” shall mean 4.408% per annum or such other per annum interest rate as may be approved by the Credit Provider in its sole discretion, but in no event higher than 12.00%. Jan. 9, 2024 Item #12 Page 10 of 14 2 4861-8388-7249v4/022062-0037 (b) Commencing upon the Effective Date of this Supplement, the term “Tax Certificate” shall mean that certain Tax Certificate dated the Effective Date, executed and delivered by the Issuer and the Borrower. Section 2. Supplemental Indenture. This Supplement is executed, delivered and effective as of February 1, 2024 (the “Effective Date”) in accordance with Article 11 of the Indenture. Except as expressly set forth in this Supplement, the Indenture shall continue in full force and effect in accordance with its terms. The City, by its execution of this Supplement, requests the Trustee join in the execution and delivery of this Supplement. The Trustee hereby acknowledges receipt of all instruments and documentation necessary to enable the Trustee to execute this Supplement. Section 3. Definitions. Initially capitalized terms not defined herein shall have the meaning ascribed to them in the Indenture. Section 4. Counterparts. This Supplement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] Jan. 9, 2024 Item #12 Page 11 of 14 S-1 4861-8388-7249v4/022062-0037 IN WITNESS WHEREOF, the parties hereto have executed and entered into this First Supplement to Trust Indenture by their officers thereunto duly authorized as of the day and year first above written. COMPUTERSHARE TRUST COMPANY, N.A., as Trustee By: Authorized Signatory CITY OF CARLSBAD By: Scott Chadwick, City Manager ATTEST: Sherry Freisinger, City Clerk Jan. 9, 2024 Item #12 Page 12 of 14 4861-8388-7249v4/022062-0037 FANNIE MAE CONSENT Pursuant to Section 11.7 of that certain Trust Indenture dated as of June 1, 2003 (the “Indenture”) between the City of Carlsbad (the “Issuer”) and Computershare Trust Company, N.A., as successor Trustee under the Indenture (the “Trustee”), the undersigned, on behalf of Fannie Mae, consents to the terms and the making of the following: 1. First Supplement to Trust Indenture dated as of February 1, 2024 between the Issuer and the Trustee. FANNIE MAE By: Dated: February 1, 2024 Jan. 9, 2024 Item #12 Page 13 of 14 4861-8388-7249v4/022062-0037 BORROWER CONSENT Pursuant to Section 11.7 of that certain Trust Indenture dated as of June 1, 2003 (the “Indenture”) between the City of Carlsbad (the “Issuer”) and Computershare Trust Company, N.A., as successor Trustee under the Indenture (the “Trustee”), the undersigned, on behalf of CIC Calavera, L.P., consents to the terms and the making of the following: 1.First Supplement to Trust Indenture dated as of February 1, 2024 between the Issuer and the Trustee. CIC CALAVERA, L.P., a California limited partnership By: Pacific Southwest Community Development Corporation, a California nonprofit public benefit corporation Its: Managing General Partner By: Robert W. Laing, Executive Director/President By: CIC Calavera Hills II, LLC, a California limited liability company Its: Co-General Partner By: Chelsea Investment Corporation, a California corporation, Its: Manager By: Cheri Hoffman, President Dated: February 1, 2024 Jan. 9, 2024 Item #12 Page 14 of 14 TO: CITY CLERK DATE OF PUBLIC HEARING: AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING SUBJECT: ((]6..M{YJS,,c... °'fY2.dvnh1°ft:, LOCATION: GJ::200 Carlsbad Village Drive, Carlsbad, CA 92008 D Other: ________________ _ DATE POSTED TO CITY WEBSITE / ;;2),;2 ·7 / ;}_?:::, DATE NOTICES MAILED TO PROPERTY OWNERS: _________ _ NUMBER_ MAILED: - I declare under penalty of perjury under the laws ofthe State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: ~TY CLERK'S OFFICE □OTHER _______ _ j_,n1_~ l J./27/9~ Signature Date ------------------------------------------------------------------------------ SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ ~ Coast News on /cJ.-}J 9/'J,3 PUBLICATION DATE: Union Tribune -------------- Coast News ---=--I ~~}__,J_i,L__J.9-1-J ........ a<...::eo""""· ..l,£i9..,,.,3..,;,...-. __ _ I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: □ CITY CLERK'S OFFICE □ OTHER _______ _ Signature Date Attachments: 1) Mailing Labels 2) Notice w/ attachments cm· OF CARJ.SIIA.D NOTICE OF PUBLIC IIEARJNG NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, at its regu- lar mttting on Jan. 9, 2024, ~;11 hold a public hearing at 5 p.m. or a.s soon thereafter as the matter may be heard, at the City Council Chamber located at City I le.II, 1200 Carlsbad Villa~ Drive, Carlsbad, California, to consider approval of the reissuance by the City of Carlsbad of it1 Multifamily Housing Re\'enue Bonds (Mariposa Apartments), 2003 Series A in a principal amount not to exceed Three Million Six Jtund~ Fifty 11-iousand Dollars (S3,6SO,OOO) (the •Bonds), originally issued for the purpo$e of assisting in the acquisition, construction and de\.·elopnumt ofa 106 unit multifamily rent.a.I housing development locat- ed at 4-631, +634, 4635, 4639 and 4647 Rim Circle; 3420 Vale Blossom Court; 4659 and -w---~-=~=~--~-~ lJill Place. in the City of Carlsbad, Ca.lifomia. known a.s Mariposa Apartments (the ~rro;. ect"). The owner ofthe Project is CIC Cala\'er&, LP., a California limited partnership. The City will also consider an amendment to the Trust Indenture dated June l. 2003, pursuant to which the Bonds were issued, to increase the rnu:imum interest rate at which the Bonds may be remarketed. Those persons "'ishing to speak on this proposal are i..'Ordially inl'ited to attend the public hca.ring. Copic, of the staff report will be &\·&ilable by r~riday. Jan. 5, 2024. If )·ou have any questions, please contact the Housing & Homelt!SS Sen'lces Department at (44-2) 339·2811 or bonsing@cadsbedc, gov The meeting can be ,'l~'ed online at bttps·/f»'Yt"Vt'Cadsbadca fllVlril):•ha!lltntttings·agrodes or on the City's cable channel. In addition, written com• ment.s may be ,ubmitted to the City Council at or prior to the hearing ,i.a U.S. Mail to the aU.cutfon of Office of the City Clerk, 1200 Ca.rl~bad Village Orl\•e, Carlsbad, C..--\ 92008, or via email to clerk@cadsbadca gov If you challenge the City Council's actions in court, )'OU may be limited to raising only those issues you or som(!r(>ne else raised at the public meding described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Oerk's Office, 1200 Carlsbad Village Drive, Carlsbad. CA 92008, at or prior to the public meeting. PUBLISI-I: Dec. 29, 2023 CITY OF CARLSBAD CITY COUNCIL 12/29/2023 CN 2834.3 3 Col X 5" 15"x $15 $225.00 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, at its regular meeting on Jan. 9, 2024, will hold a public hearing at 5 p.m. or as soon thereafter as the matter may be heard, at the City Council Chambers located at City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, to consider approval of the reissuance by the City of Carlsbad of its Multifamily Housing Revenue Bonds (Mariposa Apartments), 2003 Series A in a principal amount not to exceed Three Million Six Hundred Fifty Thousand Dollars ($3,650,000) (the "Bonds"), originally issued for the purpose of assisting in the acquisition, construction and development of a 106-unit multifamily rental housing development located at 4631 , 4634, 4635, 4639 and 4647 Rim Circle; 3420 Vale Blossom Court; 4659 and 4663 Red Bluff; 3424, 3444 and 3448 Clear Cliff Court; and 4668, 4672 and 4676 Apple Hill Place, in the City of Carlsbad, California, known as Mariposa Apartments (the "Project"). The owner of the Project is CIC Calavera, L.P., a California limited partnership. The City will also consider an amendment to the Trust Indenture dated June I, 2003, pursuant to which the Bonds were issued, to increase the maximum interest rate at which the Bonds may be remarketed. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available by Friday, Jan. 5, 2024. If you have any questions, please contact the Housing & Homeless Services Department at (442) 339-2811 or housing@carlsbadca.gov. The meeting can be viewed online at https://www.carlsbadca.gov/city- hall/meetings-agendas or on the City's cable channel. In addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to clerk@carlsbadca.gov. If you challenge the City Council's actions in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public meeting. PUBLISH: Dec. 29, 2023 CITY OF CARLSBAD CITY COUNCIL DOCSOC\975643v2\22620.0026