HomeMy WebLinkAboutEIFD Resolution - - 2020-099 - 05/14/2020RESOLUTION NO. 2020-099
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, APPOINTING THE MEMBERS OF
THE FRESNO ENHANCED INFRASTURCUTURE
FINANCING DISTRICT PUBLIC FINANCING AUTHORITY
WHEREAS, pursuant to Chapter 2.99 of Part 1 of Division 2 of Title 5 of the
California Government Code (commencing with Section 53398.50) (the EIFD Law), the
City Council (the Council) of the City of Fresno (the City) approved Resolution No.
2020-084 on April 23, 2020, a resolution of intention commencing the process for
forming the Fresno Enhanced Infrastructure Financing District (Fresno EIFD) and
creating a Public Finance Authority (PFA), which resolution is attached hereto as Exhibit
A and incorporated herein; and
WHEREAS, pursuant to the EIFD Law, the Council is required to make
appointments to the PFA to govern the proposed Fresno EIFD; and
WHEREAS, the City is the only participating taxing entity in the proposed Fresno
EIFD; and
WHEREAS, pursuant to Government Code Section 53398.51.1(a)(1), if a district
has only one participating affected taxing entity, the PFA membership shall consist of 3
members of the legislative body of the participating entity and 2 members of the public
chosen by the legislative body; and
WHEREAS, the Council now desires to appoint the inaugural membership of the
Fresno EIFD PFA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows-
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Date Adopted: 05/14/2020
Date Approved: 05/14/2020 Resolution No. 2020-099
Effective Date: 05/14/2020
1. Recitals. The City Council finds and determines that all the foregoing
recitals are true and correct and incorporated herein.
2. Appointments. The City Council appoints the following as members of
the PFA:
Council Members
a. Councilmember Nelson Esparza;
b. Councilmember Esmeralda Soria-,
C. Councilmember Miguel Arias-,
Members of the Public
d. Mr. Mo Bagunu; and
e. Mr. Robert Fuentes.
3. Term. Each member shall serve for a term of 2 years and shall continue
to serve until a successor is appoint.
4. Vacancies. Vacancies shall be subject to bylaws as may hereafter be
adopted by the PFA. Pursuant to Government Code Section 53398.51.1(a)(1),
unscheduled vacancies of the public members shall be subject to the provisions of
Government Code Section 54974.
5. Ethics. Members of the public financing authority are subject to Article
2.4 (commencing with Section 53234) of Chapter 2 of the Government Code relating to
ethics training and shall be subject to Form 700 requirements.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the 14th day of May ., 2020.
AYES Bredefeld, Caprioglio, Chavez, Esparza, Karbassi, Soria, Arias
NOES : None
ABSENT : None
ABSTAIN : None
YVONNE SPENCE, MMC CRM
City Clerk
By:
APPROVED AS TO FORM: (DeIuty Date
DOUGLAS T. SLOAN
City Attorney
Raj Singh dhesha Date
Senior De ty City Attorney
Attachment: Exhibit A - Resolution No. 2020-084
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RESOLUTION NO. 2020-084
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF FRESNO, CALIFORNIA, TO ESTABLISH
THE FRESNO ENHANCED INFRASTRUCTURE
FINANCING DISTRICT TO FINANCE THE
CONSTRUCTION, AND/OR ACQUISITION, AND
MAINTENANCE OF CAPITAL IMPROVEMENTS;
ESTABLISH A PUBLIC FINANCING AUTHORITY; AND
AUTHORIZE CERTAIN OTHER ACTIONS RELATED
THERETO
WHEREAS, pursuant to Chapter 2.99 of Part 1 of Division 2 of Title 5 of the
California Government Code (commencing with Section 53398.50) (the EIFD Law), the
City Council (the Council) of the City of Fresno (the City) is authorized to initiate the
process to establish an Enhanced Infrastructure Financing District (the EIFD); and
WHEREAS, in accordance with Section 53398.54, the City has complied with the
prerequisites prior to initiating the creation of or participating in the governance of the
EIFD and will provide the required certification to the Department of Finance within 10
days of this action in accordance with EIFD Law; and
WHEREAS, the Council proposes the establishment of an EIFD to finance
certain public facilities allowed pursuant to the EIFD law, including but not limited to the
activities listed in Section 53398.52; and
WHEREAS, pursuant to the EIFD Law, the Council is required to establish the
"Public Finance Authority of the Fresno EIFD" (the PFA) to act as the governing board
of the proposed Fresno EIFD at the same time that the Council adopts its intention to
form the proposed Fresno EIFD for the implementation of an Infrastructure Financing
Plan (IFP); and
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Date Adopted: 04/23/2020
Date Approved: 04/23/2020 Resolution No. 2020-084
Effective Date: 04/23/2020
WHEREAS, pursuant to Section 53398.59, the Council now desires to
commence the proceedings to establish the Fresno EIFD by adopting this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Recitals. The City Council finds and determines that all the foregoing
recitals are true and correct and incorporated herein.
2. Intention and Proposal to Establish Enhanced Infrastructure
Financing District. The Council proposes and intends to cause the establishment of a
Fresno EIFD under the provisions of EIFD Law.
3. Name of Enhanced Infrastructure Financing District. The name
proposed for the enhanced infrastructure financing district is the "City of Fresno
Enhanced Infrastructure Financing District".
4. Description of Boundaries. The proposed boundaries of the Fresno
EIFD are as shown on the map on Exhibit A, which boundaries are hereby preliminarily
approved and to which map reference is hereby made for further particulars.
5. Description of Facilities. The types of public facilities proposed to be
financed by the Fresno EIFD and pursuant to the EIFD Law are those listed as facilities
on Exhibit B, attached hereto and incorporated herein (the Facilities).
6. Necessity of EIFD and Goal. The Council hereby finds that the Fresno
EIFD is necessary to support the provisions of needed public infrastructure and promote
economic development within the Fresno EIFD and the City. The Council's goal for the
Fresno EIFD is to create the means by which to assist in the provision of public facilities
of communitywide significance that provide significant benefits and promotes economic
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development within the boundaries of the Fresno EIFD or the surrounding community
and, for those facilities located outside the Fresno EIFD boundaries which also have a
tangible connection to the Fresno EIFD.
7. Use of Incremental Tax Revenues. The Council hereby declares that,
pursuant to the EIFD Law, and if approved by resolution pursuant to Government Code
Section 53398.68, incremental property tax revenue from the City of Fresno and other
interested taxing entities may finance the Facilities. The incremental property tax
financing will be described in an IFP to be prepared for the PFA and the Council under
the EIFD Law.
B. Establishment of Public Financing Authority. The Council hereby
establishes the "Public Financing Authority for the Fresno EIFD" to serve as the
governing board of the Fresno EIFD. The PFA membership shall be comprised initially
by three members of the Council, and two member of the public to be appointed by the
Council. Members of the Council and members of the public composing the PFA shall
be determined and approved at a later Council meeting by a majority vote of the
Council. Members shall serve at the pleasure of the Council and shall serve until their
successor assumes office.
The Council further declares that, pursuant to Section 53398.51.1, should
another taxing entity agree to participate in the Fresno EIFD, then the PFA membership
shall comprised of two members of the City Council, one member of the other taxing
entity, a public member selected by the Council, and a member of the public selected by
the participating taxing entity. Members shall serve at the pleasure of their respective
appointing legislative bodies and shall serve until their successor assumes office.
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The members are subject to compliance with the EIFD Law and Government
Code Section 54974.
The PFA is authorized and directed to adopt such bylaws, rules, regulations, and
procedures as the PFA deems necessary or desirable for performance of its functions,
all in accordance with EIFD Law. The PFA shall provide all required notices and
information, and conduct the public hearing (as set and identified below in Section 11 of
this Resolution) regarding the IFP, all in accordance with the EIFD Law, and perform all
other duties of the PFA under the EIFD Law, as necessary or desirable from time to
time.
9. Preparation of Infrastructure Financing Plan. The Council hereby
requests the PFA to designate and direct City staff to prepare the IFP in accordance
with Sections 53398.62 and 53398.63 of the EIFD Law.
10. Distribution of Infrastructure Financing Plan. The Council hereby
directs City staff to distribute the IFP to each owner of land within the boundaries of the
Fresno EIFD and each affected taxing entity, together with any reports required by the
California Environmental Quality Act. The Council hereby authorizes City staff to also
distribute the lFP to the PFA and the City's Planning Commission.
11. Public Hearing. The Council hereby establishes June 25, 2020, at the
hour of 10:00 a.m. or as soon as possible thereafter as the matter may be heard, at the
Council Chambers, 2600 Fresno Street, Fresno, California, as the time and place, when
and where the PFA will conduct a public hearing on the proposed establishment of the
Fresno EIFD and the IFP.
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12. Mailing and Publication of Notice. Pursuant to Section 53398.60, the
City Clerk is hereby directed to mail a copy of this Resolution to the PFA and each
owner of land (as defined in the EIFD Law), or alternatively with respect to the owners
of land may mail a single -page notice of intention identified in Section 53398.60(b),
within the Fresno EIFD and to each affected taxing entity (as defined in the EIFD Law).
In addition, the City Clerk is hereby directed to cause notice of the 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 Fresno 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 Fresno 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.
13. Successor Agency Findings of Completion. The City solely in its
capacity as the designated successor agency to the former Redevelopment Agency of
the City of Fresno, has received a finding of completion, dated as of June 2, 2014, as
specified in California Health and Safety Code Section 34179.7.
14. DOF Certification. In accordance with Section 53398.54, the City certifies
to the California Department of Finance (DOF) and to the PFA that no former
Redevelopment Agency of the City of Fresno (Former RDA) assets that are the subject
of litigation involving the State of California, where the City or the Successor Agency are
a named plaintiff, have been or will be used to benefit any efforts of the Fresno EIFD.
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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 date of adoption of this Resolution, by
delivery of a copy of this Resolution or signing a separate certification, if and as required
by the DOF.
15. State Controller Review. 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.
16. Current EIFD Law. It is the intent of the Council that the formation of the
Fresno EIFD shall proceed under the now existing and current EIFD Law as effective on
the date of this Resolution.
17. Formation of Fresno EIFD. This Resolution in no way obligates the PFA
to form the Fresno EIFD. The formation of the Fresno EIFD is subject to the approval of
the PFA by resolution and an ordinance following the holding of the public hearing
referred to above.
18. Severability. 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.
19. General Authorization. The City Clerk and all other officers and agents of
the City are hereby authorized and directed to take all actions necessary or advisable to
give effect to the transactions contemplated by this Resolution.
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20. Effective Date. This resolution shall be effective immediately upon its
adoption.
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the 231d day of _ April 2020.
AYES : Bredefeld, Caprioglio, Chavez, Esparza, Karbassi, Soria, Arias
NOES : None
ABSENT : None
ABSTAIN : None
YVONNE SPENCE, MMC CRM
City Clerk
Aety Date
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney i
By.
j Sirqh Badhesha Date
enior Deputy City Attorney
Attachments:
1. Exhibit A - Enhanced Infrastructure Financing District Proposed Boundaries of
Fresno EIFD
2. Exhibit B - Enhanced Infrastructure Financing District List of Authorized Public
Facilities
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EXHIBIT A
CITY OF FRESNO
Enhanced Infrastructure Financing District
Proposed Boundaries of Fresno EIFD
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� Fresno City Limits _
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EXHIBIT B
CITY OF FRESNO
Enhanced Infrastructure Financing District
List of Authorized Public Facilities
The Fresno EIFD will finance the purchase, construction, expansion, improvement,
seismic retrofit, or rehabilitation of any real or other tangible property with an estimated
useful life of 15 years or longer and are projects of communitywide significance that
provide significant benefits to the district or the surrounding community. The Fresno
EIFD may also finance the ongoing or capitalized costs to maintain public capital
facilities financed in whole or in part by the Fresno EIFD. Any facilities located outside
the boundaries of the Fresno EIFD shall also have'a tangible connection to the work of
the Fresno EIFD as detailed in the infrastructure financing plan. The Fresno EIFD will
also finance planning and design activities that are directly related to the purchase,
construction, expansion, or rehabilitation of these projects. The Fresno EIFD may
finance costs described in Government code sections 53398.52, 53398.56 and
53398.57. Projects financed by the Fresno EIFD may include, but not be limited to, all of
the following:
• Highways, interchanges, and ramps;
■ Bridges;
■ Arterial streets;
• Parking facilities;
Transit facilities;
• Parks, recreational facilities, and open space;
Sewage treatment and water reclamation plants and interceptor pipes;
• Facilities for the collection and treatment of water for urban uses;
• Facilities for the transfer and disposal of solid waste, including transfer stations
and vehicles;
■ Storm water conveyance and collection facilities;
Flood control levees and dams, retention basins, and drainage channels;
• Child care facilities;
■ Libraries;
• Broadband and telecommunications infrastructure;
• Sidewalks and streetscape improvements;
• Bicycle lanes and paths;
• Public art
Corporation yards;
• Police facilities
• Brownfield remediation
• Affordable housing as authorized under the EIFD Law
• Projects that implement a sustainable communities strategy and transit priority
projects; and
■ Acquisition, construction, or repair of industrial structures for private use.
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Other Expenses
In addition to the direct costs of the above facilities, other incidental expenses as
authorized by the EIFD Law, including, but not limited to, the cost of environmental
evaluation and environmental remediation; engineering and surveying; construction
staking; utility relocation and demolition costs incidental to the construction of the
facilities; costs of project/construction management; costs (including the costs of legal
services) associated with the creation of the EIFD; issuance of bonds or other debt;
costs incurred by the County or the EIFD in connection with the division of taxes
pursuant to Government Code section 53398.75; or costs otherwise incurred in order to
carry out the authorized purposes of the EIFD; reimbursements to other areas for
facilities serving the EIFD; and any other expenses incidental to the formation and
implementation of the EIFD and to the construction, completion, inspection and
acquisition of the authorized facilities.
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