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HomeMy WebLinkAbout2011-02-08; Housing & Redevelopment Commission; Resolution 495c 1 RESOLUTION NO. 495 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING 4 REIMBURSEMENT AND REPAYMENT SCHEDULE AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND 5 THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION FOR REIMBURSEMENT AND REPAYMENT 6 OF ADMINISTRATIVE COSTS AND PROVISION OF FINANCIAL ASSISTANCE FOR IMPLEMENTATION OF 7 REDEVELOPMENT ACTIVITIES TO BENEFIT THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA.8 9 WHEREAS, the City Council of the City of Carlsbad activated the Housing and 10 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; and13 14 WHEREAS, the Commission is engaged in activities necessary to execute and 15 implement the Redevelopment Plan for the South Carlsbad Coastal Redevelopment 16 Area; and 17 WHEREAS, pursuant to Section 33445(a) of the California Community 18 Redevelopment Law ("CRL"), in effect as of January 1, 2011, the Commission may, with 19 the consent of the City Council, pay all or part of the value of the land for and the cost of 20 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, 25 2011, when the value of the land or the cost of installation and construction of the 26 building, facility, structure or other improvement, or both, has been, or will be, paid or 27 provided for initially by the City, the Commission may enter into a contract with the City 28 1 under which the Commission agrees to reimburse the City for all or part of the value of 2 the land or a part of the cost of the building, facility, structure or other improvement, or 3 both; and 4 WHEREAS, pursuant to Section 33678 of the CRL, in effect as of January 1, 5 2011, the Commission may pay for employee or contractual services of the City if the 6 services are directly related to the purposes of redevelopment, as set forth in Sections 7 33020 and 33021 of the CRL, as in effect as of January 1, 2011, and primarily benefit8 9 the Project Area ("Redevelopment Activity Costs"); and !0 WHEREAS, the City Council has determined that it is in the best interest of the 11 City and for the common benefit of citizens residing in the City to provide for, among 12 other things, the reimbursement to the City for the following: (1) Redevelopment Activity 13 Costs, and (2) the value of land for and the installation and construction of any building, 14 facility, structure, or other improvements which is public owned either within or outside the Project Area ("Development Costs"), specifically including, but not limited to the 16 Redevelopment Activity Costs and the Development Costs (collectively referred to as 17 "Costs") in connection with the acquisition and construction of certain improvements, as 18 more specifically described in Section No. 1 of the Reimbursement Agreement (the 20 "Project"); and 21 WHEREAS, the Project consists of one or more buildings, facilities, structures, or 22 other improvements which are or will be publicly owned and which are located both 23 within and outside of the Project Area. The City Council and Commission have determined that the Project is of benefit to the Project Area; and 25 WHEREAS, in accordance with Sections 33445 and 33678 of the CRL, in effect 26 as of January 1, 2011, the Commission desires to enter into this Agreement to provide 27 28 D 1 for the reimbursement to the City of the Costs, specifically including, but not limited to, 2 the Costs of the Project, to the extent paid or provided for initially by the City. WHEREAS, pursuant to the Community Redevelopment Law, in effect as of 4 January 1, 2011, and the previously approved Cooperative Agreement, the Housing and 5 Redevelopment Commission is continuing to perform a public function of the City of 6 Carlsad and may have access to staff and other administrative services and facilities of 7 the City, and may accept financial assistance from the City to complete redevelopment8 g activities and/or projects for benefit of the South Carlsbad Coastal Redevelopment 10 Areas; and 11 WHEREAS, the City of Carlsbad and Housing and Redevelopment Commission 12 have a need to approve Reimbursement and Repayment Schedule Agreements to 13 confirm the existing indebtedness of the Agency for the South Carlsbad Coastal 14 Redevelopment Area, and to set forth the anticipated loans required in subsequent years to complete redevelopment projects and other activities within the South Carlsbad 16 Coastal Redevelopment Area; and 17 WHEREAS, any legislation by the State of California which shall threaten or18 otherwise hinder the lawful implementation of redevelopment activities within the South 2Q Carlsbad Coastal Redevelopment Area as well as the Village Redevelopment Project 21 Area, and/or cause one or more contractual defaults by the Commission shall be 22 opposed by the Commission and legal action shall be taken as appropriate to protect 23 these contractual agreements and ensure compliance by the Commission. 24 25 //// 26 //// 27 28 M 1 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 2. That pursuant to the Reimbursement and Repayment Schedule Agreements, 5 attached hereto and incorporated herein, the City agrees to pay or provide6 initially for any Costs associated with carrying out the Project in a cost g manner which does not exceed the maximum debt capacity of the South 9 Carlsbad Coastal Redevelopment Project Area, and the Commission agrees 10 to repay the City for said advances and loans. 11 3. That pursuant to the Reimbursement and Repayment Schedule Agreements, 12 the Commission under subdivision (b) of Section 33670 of the CRL, in effect 13 as of January 1, 2011, shall pay for all such Costs, with interest, from the date 14 of expenditure by the City until fully reimbursed at the rate of interest earned 15 from time-to-time by the City on its portfolio of investments. 17 4. The Housing and Redevelopment Commission does hereby approve the 18 Reimbursement and Repayment Schedule Agreements between the City of 19 Carlsbad and the Carlsbad Housing and Redevelopment Commission for the 20 provision of staff services and facilities and/or other resources, as necessary, 21 and to reconfirm the reimbursement of administrative costs and provision of 22 financial assistance for continued implementation of redevelopment activities 23 in the South Carlsbad Coastal Redevelopment Areas, including any activities 24 agreed upon following expiration of said redevelopment plans as allowed per 25 redevelopment law in effect as of January 1, 2011.26 27 28 /Z. 1 5. The Housing and Redevelopment Commission affirms existing indebtedness 2 to the City of approximately $2.2 million for redevelopment activities approved to date, as well as approximately $250,000 in annual administrative costs for 4 the South Carlsbad Coastal Redevelopment Area, which have not yet been 5 repaid to the City. 6 6. The Housing and Redevelopment Commission hereby accepts additional indebtedness of approximately $5.6 million which has been previously 9 appropriated by the City for the Carlsbad Boulevard Realignment Study and 10 the Encinas Creek Bridge Replacement/Repair project on behalf of the Commission, and finds that these projects are of benefit to, and consistent 19 with the goals and objectives, of the South Carlsbad Coastal Redevelopment Project Area Plan. The Commission also finds that these projects will 14 eliminate blight or blighting influences within the Area as set forth in the 15 Reimbursement Agreement. 16 7. The Executive Director/City Manager and City Attorney, as legal Counsel to the Commission, are hereby authorized to oppose, legally and/or otherwise, 19 any legislation by the State of California that threatens or jeopardizes the 20 implementation of redevelopment activities within the South Carlsbad Coastal and Village Redevelopment Project Areas, and/or will prevent the lawful 22 compliance of the Commission with the contractual arrangement set forth in 23 the attached agreements. 24 8. The Chairman of the Commission is hereby authorized to execute said 25 Reimbursement and Repayment Schedule Agreements in substantially the 27 28 1 form approved by the Housing and Redevelopment Commission and with 2 prior approval of the City Attorney. 3 4 // 5 6 7 8 9 " 10 I // 11 I // 12 I // 13 „ 14 // 15 // 16 17 18 19 " 20 " 21 // 22 // 23 // 24 // 25 // 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on the 8th day of February, 2011, by the following vote to wit: AYES: Commission Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. MATT HALU Chairman ATTEST: LISA HILDABRAND, Secretary (SEAL) r o>/ESTABUSHEO\* c i%\ 1970 : co _la -