HomeMy WebLinkAbout2011-02-08; City Council; Resolution 2011-0211 RESOLUTION NO. 2011-021
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING
REIMBURSEMENT AND REPAYMENT SCHEDULE
AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND
THE CARLSBAD HOUSING AND REDEVELOPMENT
5 COMMISSION FOR REIMBURSEMENT AND REPAYMENT
OF ADMINISTRATIVE COSTS AND PROVISION OF
6 FINANCIAL ASSISTANCE FOR IMPLEMENTATION OF
REDEVELOPMENT ACTIVITIES TO BENEFIT THE SOUTH
7 CARLSBAD COASTAL REDEVELOPMENT AREA.
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WHEREAS, the City Council of the City of Carlsbad activated the Housing and
Redevelopment Commission in October 16, 1979 and declared itself to constitute the
11 Commission for the purposes of implementing redevelopment activities within the City of
12 Carlsbad; and
WHEREAS, the Commission is engaged in activities necessary to execute and
14 implement the Redevelopment Plan for the South Carlsbad Coastal Redevelopment
15 Area; and
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WHEREAS, pursuant to Section 33445(a) of the California Community
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Redevelopment Law ("CRL"), in effect as of January 1, 2011, the Commission may, with
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the consent of the City Council, pay all or part of the value of the land for and the cost of
2Q the installation and construction of any building, facility, structure, or other
21 improvements which is publicly owned either within or outside a project area, if the City
22 Council makes certain determinations; and
23 WHEREAS, pursuant to Section 33455(c) of the CRL, in effect as of January 1,
2011, when the value of the land or the cost of installation and construction of the
25 building, facility, structure or other improvement, or both, has been, or will be, paid or
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provided for initially by the City, the Commission may enter into a contract with the City
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under which the Commission agrees to reimburse the City for all or part of the value of
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1 the land or a part of the cost of the building, facility, structure or other improvement, or
2 both; and
3 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
5 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 benefit
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the Project Area ("Redevelopment Activity Costs"); and8
9 WHEREAS, the City Council has determined that it is in the best interest of the
10 City and for the common benefit of citizens residing in the City to provide for, among
11 other things, the reimbursement to the City for the following: (1) Redevelopment Activity
12 Costs, and (2) the value of land for and the installation and construction of any building,
13 facility, structure, or other improvements which is public owned either within or outside
14 the Project Area ("Development Costs"), specifically including, but not limited to the
15 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 (the18
19 "Project"); and
20 WHEREAS, the Project consists of one or more buildings, facilities, structures, or
21 other improvements which are or will be publicly owned and which are located both
22 within and outside of the Project Area. The City Council and Commission have
23 determined that the Project is of benefit to the Project Area; and
24 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 these Agreements to
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provide for the reimbursement to the City of the Costs, specifically including, but not
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1 limited to, the Costs of the Project, to the extent paid or provided for initially by the City;
2 and
3 WHEREAS, the Council desires to enter into said agreements to ensure
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repayment of existing Commission indebtedness to the City, and affirm its intent to loan
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an additional estimated $24 million to the Commission over the next approximately
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twenty years to continue redevelopment activities within the South Carlsbad Coastal
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Redevelopment Area, and shall advance funds as necessary to the Commission to
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g provide for annual administration and/or other costs of the Commission to implement
10 the South Carlsbad Coastal Redevelopment Project Area.
11 WHEREAS, any legislation by the State of California which shall threaten or
12 otherwise hinder the lawful implementation of redevelopment activities within the South
13 Carlsbad Coastal Redevelopment Area as well as the Village Redevelopment Project
14 Area, and/or cause one or more contractual defaults by the Commission shall be
15 opposed by the Commission and legal action shall be taken as appropriate to protect
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these contractual agreements and ensure compliance by the Commission.
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NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
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Commission of the City of Carlsbad, California, as follows:
20 1 • That the above recitations are true and correct.
21 2. That pursuant to the Reimbursement and Repayment Schedule Agreements,
22 attached hereto and incorporated herein, the City agrees to pay or provide
23 initially for any Costs associated with carrying out the Project in a cost
24 manner which does not exceed the maximum debt capacity of the South
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Carlsbad Coastal Redevelopment Project Area.
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1 3. That pursuant to the Reimbursement and Repayment Schedule Agreements,
2 the Commission under subdivision (b) of Section 33670 of the CRL, in effect
as of January 1, 2011, shall pay for all such Costs, with interest, from the date
4 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.
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4. The City Council does hereby approve the Reimbursement and Repayment
8 Schedule Agreements between the City of Carlsbad and the Carlsbad
9 Housing and Redevelopment Commission for the provision of staff services
10 and facilities and/or other resources, as necessary, and to reconfirm the
11 reimbursement of administrative costs and provision of financial assistance
17 for continued implementation of redevelopment activities in the South
Carlsbad Coastal Redevelopment Areas, including any activities agreed upon
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following expiration of said redevelopment plans as allowed per
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redevelopment law in effect as of January 1, 2011.
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5. The City Manager and City Attorney are hereby authorized to oppose, legally
18 and/or otherwise, any legislation by the State of California that threatens or
19 jeopardizes the implementation of redevelopment activities within the South
20 Carlsbad Coastal and Village Redevelopment Project Areas, and/or will
21 prevent the lawful compliance of the Commission with the contractual
22 arrangement set forth in the attached agreements.
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6. The Mayor is hereby authorized to execute said Reimbursement and
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Repayment Schedule Agreements in substantially the form approved by the
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City Council and subject to final approval by the City Attorney.26
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1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
2 Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on
the 8th day of February, 2011, by the following vote to wit:
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5 AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
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NOES: None.
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ABSENT: None.8
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10 MATT HALL, Mayor
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ATTEST:
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14 v *^""**NEM. WOOD, City Clerk
15 (SEAL)
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