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HomeMy WebLinkAbout2020-11-17; City Council; Resolution 2020-218RESOLUTION NO. 2020-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) IMPROVEMENTS PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, the City Council of the City of Carlsbad, California has determined that city desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its wastewater system, 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"); 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 has determined that those moneys to be advanced on and after the date hereof to pay for the expenditures are available only for a temporary period and it is necessary to reimburse the city for the expenditures from the proceeds of the obligations; 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 Nov. 17, 2020 Item #2 Page 7 of 9 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, as follows that: 1. The above recitals are true and correct. 2. The city hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. 3. The reasonably expected maximum principal amount of the Project Funds is $4,601,000. 4. This resolution is being adopted no later than 60 days after the date on which the city will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. 5. Each city expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. 6. To the best of our knowledge, the city is not aware of the previous adoption of official intents by the city that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. 7. This resolution is adopted as official intent of the city in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service regarding qualified reimbursement of Project costs. 8. 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. Nov. 17, 2020 Item #2 Page 8 of 9 'c-)p./Ctinii.,D0(tAct BARBARA ENGLESON, CitylZfe°rk 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 (SEAL) Nov. 17, 2020 Item #2 Page 9 of 9