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
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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
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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
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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.
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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
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EXHIBIT A
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R2021-076 Page 13 of 13