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HomeMy WebLinkAbout2020-11-17; City Council; Resolution 2020-217RESOLUTION NO. 2020-217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD FOR THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) IMPROVEMENTS PROJECT AND DESIGNATING THE CITY MANAGER OR DESIGNEE TO SIGN AND SUBMIT THE APPLICATION WHEREAS, the City Council of the City of Carlsbad, California has determined that the city desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its wastewater system, including 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"), for an amount up to $4,601,000; 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 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the city manager ("Authorized Representative") or designee is hereby authorized and directed to sign and file, for and on behalf of the city, a Financial Assistance Application for a Nov. 17, 2020 Item #2 Page 5 of 9 IF0.0\0\ IN financing agreement from the State Water Board for the planning, design, and construction of the SCADA Improvements Project. 3. That this Authorized Representative or designee is designated to provide the assurances, certifications and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Board and any amendments or changes thereto. 4. That the Authorized Representative or designee is designated to represent the city in carrying out the city's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the city and compliance with applicable state and federal laws. 5. That 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. 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 BARBARA ENGLESON, City CI7 (SEAL) Nov. 17, 2020 Item #2 Page 6 of 9