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HomeMy Public PortalAboutR2021-076 RESOLUTION R2021-076 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, OF AN INTENTION TO ESTABLISH THE NAPA ENHANCED INFRASTRUCTURE FINANCING DISTRICT TO FINANCE PUBLIC FACILITIES AND PROJECTS OF COMMUNITYWIDE SIGNIFICANCE WHEREAS, the City wishes to further the development of quality infrastructure and amenities throughout the City; and WHEREAS, the City Council is authorized to initiate the process to establish an Enhanced Infrastructure Financing District ("EIFD") pursuant to California Government Code Title 5, Division 2, Part 1, Chapter 2.99, commencing with Section 53398.50 (the "EIFD Law"); and WHEREAS, the Council intends to establish the Napa Enhanced Infrastructure District ("Napa EIFD") as described in this resolution to finance certain public facilities and projects of communitywide significance; and WHEREAS, the Napa EIFD will be governed by a governing body to be known as the Public Financing Authority of the Napa Enhanced Infrastructure Financing District ("PFA"), and the PFA will be established by a separate resolution of the City Council to be considered for approval concurrently with this resolution; and WHEREAS, the PFA will be responsible for causing the preparation of the Infrastructure Financing Plan for the Napa EIFD ("IFP") which will document the parameters by which the Napa ElFD will use City revenue to fund public capital facilities and other specified projects of communitywide significance that provide significant benefits to the Napa EIFD or the surrounding community; and WHEREAS, the IFP will be subject to the subsequent review and approval of the City Council, and then adoption and implementation by the PFA following three public hearings; and WHEREAS, the IFP shall provide that the City's allocation of property tax increment to the Napa EIFD shall be contingent upon the Napa EIFD's use of such increment to pay for the costs of authorized public capital facilities and projects of communitywide significance, and to accomplish other authorized purposes, including to pay debt service on bonds issued to accomplish such purposes; and WHEREAS, the Community Development Director has determined that the action authorized by this resolution is not subject to CEQA, since it is not in-and-of itself a "project" (pursuant to CEQA Guidelines Section 15378) since it does not result in a physical change in the environment. However, future actions (such as the funding by R2021-076 Page 1 of 5 July 20,2021 Page 1 of 13 the Napa EIFD of public capital facilities and other projects of significance) will be subject to environmental review in accordance with CEQA at the "earliest feasible time" prior to "approval" consistent with CEQA Guidelines Sections 15004 and 15352 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Napa as follows: 1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council's adoption of this Resolution. 2. The City Council hereby proposes and intends to cause the establishment of the "Napa Enhanced Infrastructure Financing District" ("Napa EIFD") under the provisions of EIFD Law. 3. The City Council hereby determines that the proposed boundaries of the Napa EIFD are as shown on Exhibit "A", attached hereto and incorporated herein by reference. 4. The City Council hereby determines that the types of public capital facilities and other projects of communitywide significance to be financed by the Napa EIFD include but are not limited to: streets and transit-supportive infrastructure; parking facilities; bicycle and pedestrian facilities; flood control and storm drainage facilities; parks, recreational facilities, public plazas, landscaping, and open space; City/administrative building construction or rehabilitation; and other public facilities. The Napa EIFD could be used to finance new construction, expansion, improvement, seismic retrofit, or rehabilitation on property with an estimated useful life of at least 15 years; and it could be used to fund ongoing costs to maintain facilities that are constructed at least partially with EIFD funds. 5. The City Council hereby declares that the City's goal in proposing the establishment of the Napa EIFD is to help address the shortfall in funding for the provision of public capital facilities of communitywide significance that provide significant benefits and promote economic development within the boundaries of the Napa EIFD or the surrounding community and, for those facilities located outside the Napa EIFD boundaries which also have a tangible connection to the work of the Napa EIFD. The City Council hereby finds that the Napa EIFD will advance the City's goal by providing dedicated funding for such purposes. 6. The City Council hereby declares that, if the Napa EIFD is approved by the Public Financing Authority ("PFA") in accordance with the EIFD Law, and if consistent with the resolution adopted by the City Council approving the IFP pursuant to Government Code Section 53398.68, incremental property tax revenue from the City may be used to finance the authorized public capital R2021-076 Page 2 of 5 July 20,2021 Page 2 of 13 facilities. The City Council hereby declares its intent that the IFP shall provide that the City's allocation of property tax increment to the Napa EIFD shall be contingent upon the Napa EIFD's use of such increment to pay for the costs of authorized facilities, and to accomplish other authorized purposes, including to pay debt service on bonds issued to accomplish such purposes. 7. The City Council hereby sets the time and date for a public hearing of the City Council to consider adoption of a resolution approving the IFP and the proposed formation of the Napa EIFD (pursuant to Government Code Section 53398.68), to be held on December 7, 2021, at 3:30 p.m., at City Hall Council Chambers, 955 School Street, Napa, CA. 8. Pursuant to Section 53398.60, the City Council hereby directs the City Clerk to: (a) mail a copy of this Resolution to the PFA and to each affected taxing entity (as defined by EIFD Law); and (b) mail a single-page notice of intention (identified in Section 53398.60(b)) to each owner of land within the Napa EIFD (as defined in the EIFD Law). In addition, the City Clerk is hereby directed to cause notice of a public hearing to be published not less than once a week for four successive weeks in a newspaper of general circulation published in the City. The notice shall state that the Napa EIFD will be used to finance public works, briefly describe the facilities, briefly describe the proposed financial arrangements, including the proposed commitment of incremental tax revenue, describe the boundaries of the proposed Napa EIFD and state the day, hour, and place, when and where any persons having any objections to the proposed IFP, or the regularity of any of the prior proceedings, may appear before the PFA and object to the adoption of the proposed IFP. 9. The City Council hereby declares that it intends for the boundaries of the proposed Napa EIFD to include all or a portion of a former redevelopment project area that was previously created by the City; and, in accordance with Government Code Section 53398.55, the City Council hereby determines that the City has met the following requirements of Government Code Section 53398.54: a. On June 6, 2013, the City, on behalf of the Successor Agency to the Napa Community Redevelopment Agency ("Successor Agency"), received a finding of completion from the California Department of Finance ("DOF"), as specified in California Health and Safety Code Section 34179.7. b. In accordance with Section 53398.54, the City Council hereby certifies to the DOF and to the PFA that there are no assets of the former Napa Community Redevelopment Agency ("Former RDA") that are the subject of litigation involving the State of California, where the City or the Successor Agency are a named plaintiff, that have been or will be R2021-076 Page 3 of 5 July 20,2021 Page 3 of 13 used to benefit any efforts of the Napa EIFD. The City Clerk is authorized and directed on behalf of the City to provide or make this certification to the DOF within 10 days after the City Council's action to participate in the Napa EIFD pursuant to Section 53398.68 or the City Council's action to form the Napa EIFD pursuant to Section 53398.69, by delivery of a copy of the appropriate Resolution or signing a separate certification, if and as required by the DOF. c. The State Controller has completed its review as specified in California Health and Safety Code section 34167.5 of asset transfers between the Former RDA, the City or any other public agency. The Successor Agency and the City have complied with all of the State Controller's findings and orders stemming from such review. 10.The City Council hereby declares that it is the intent of the Council that the formation of the Napa EIFD shall proceed under the EIFD Law in effect on the effective date of this Resolution. 11.If any section, subsection, phrase or clause of this Resolution is for any reason found to be invalid, such section, subsection, phrase or clause shall be severed from, and shall not affect the validity of, all remaining portions of this Resolution that can be given effect without the severed portion. 12.This Resolution in no way obligates the City Council or the PFA to form any EIFD. The establishment of the Napa EIFD is subject to all requirements of EIFD Law, including: (a) the City Council's approval of a proposed IFP; and (b) the PFA's approval of the IFP following three public hearings conducted pursuant to EIFD Law. 13.This Resolution shall take effect immediately upon its adoption. R2021-076 Page 4 of 5 July 20,2021 Page 4 of 13 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 20th day of July, 2021, by the following vote: AYES: Luros, Narvaez, Painter, Alessio, Sedgley NOES: None ABSENT: None ABSTAIN: None ATTEST: Ti any Carran City Clerk Approved as to form: Michael W. Barrett City Attorney R2021-076 Page 5 of 5 July 20,2021 Page 5 of 13 EXHIBIT A NAPA ENHANCED INFRASTRUCTURE FINANCING DISTRICT PROPOSED BOUNDARY MAP Proposed ,Napa Enhanced Financing District W .-- E tA. 4 Q �..yr. 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I W Enterprise Way n Rock 0ant o Hasa h ' 3 a 0 u i / ' r it.r.wnerr, n 2 Z 4 g r n 0 I9 r 1 1/ O Vat,Cy / 1 Nags f // 0 \ l t '�r" 4,,1 a4 �Cte� f Vista Po,,,,,,.p .... br„ ssF,r Legend Map-6 of 7 FIFO Parcels N {`� Q Proposed EIFD Boundaries A W 4`' Slop h Cary of Napa GIS Department /,\V r. `\�. Print dale Aup 4.2021 = NAPA 7 R2021-076 Page 12 of 13 Proposed Napa Enhanced Financing District D" J` a ° r en o �,C4, 'ap°Ore. �� 47 n wen'Ho O` M .0 o Oro o d W 0 c es A, °Oa { ` .. 4 pe 1, •,rstr I `, n C n tad.,n ^ C.-1V O NI roww oO d P 0 Oq r U e O 64. ec � ' E. Napa e\�o : IA VI,,,c'Ave ao < � Academy 0 m 3 v o 1.9 %, yd''.so' a 1>" ` ` v 4 �° e a e Bir ch Q p P c act Homewood Ave ° q Li Laurel Park _ r cii U U o o v a o 0 e at G Griggs Ln _' .Laurel Si g' ° v X Hilltop Dr IS Lau rel 0 Davila Dr Cypress St Mar° Is r — a in Cornier Ct m > e to c .c to Pine St o` A 0 0 o u. i a Victoria Ct o m Aspen Ln 0 .. Elm St I fit` . Sunrise Dr \i; u in a , Hawthorne Thorne Ct ' Ts Greco Dr c "� 1 _E Cherryview Ct N�cv_, J it, Jw.enr4. ^Id Sonoma Rd Old Sonoma Sonoma Ro Legend Map-7 of 7 Faerrlco Idaho SI Q L___:,EIFD Parcels o w =Proposed EIFD Boundaries A 9, e [ 1 fin, ''fir/ Map by City of Napa GIS Department v IOW.t t 4, Fie reV PontN date Aug a.2021 K t7 ,..I.. - Von NA PA 8 R2021-076 Page 13 of 13