ITEM 5. 1
CITY MANAGER' S REPORT
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF RESOLUTION OF INTENTION TO
ESTABLISH THE PROPOSED MOSSDALE TRACT
ENHANCED INFRASTRUCTURE FINANCING
DISTRICT"
RECOMMENDATION: Adopt Resolution of Intention Proposing to Establish an Enhanced Infrastructure Financing District to
Finance the Construction and/ or Acquisition of
Capital Improvements, Establish a Public Financing
Authority ( PFA), Appoint 2 Lathrop Council Members
and 2 Public Members to the PFA and Authorize
Certain Other Actions Related Thereto
SUMMARY:
After the City Council receives a briefing from the San Joaquin Area Flood Control Agency (" SJAFCA") staff and consultants, staff recommends that Council approve a resolution declaring its intention to cause the establishment of the proposed Mossdale Tract Enhanced Infrastructure Financing District ( Mossdale Tract EIFD") to finance the construction and/ or acquisition of capital improvements, establish a Public Financing Authority ( PFA), appoint two public members to the PFA Board, and authorize certain other actions related thereto, all in coordination with the Cities of Manteca and Stockton and San Joaquin County to help finance the necessary flood protection improvements that would provide a 200- year Urban Level of Flood Protection to the Mossdale Tract Area.
BACKGROUND:
Senate Bill 5 ( SBS"), and related companion bills, created a new requirement for certain land use decisions made by cities and counties in the California Central Valley.
Prior to approving discretionary land use decisions for non- residential projects, and prior to approving ministerial land use decisions ( building permits) for new residential buildings, land use agencies are required to make findings related to the provision of 200- year or Urban Level of Flood Protection (" ULOP"). As part of the City' s efforts to comply with this requirement the City made findings of Adequate Progress toward the provision of ULOP 200- year flood protection in July 2016 and has validated these findings each year since the initial adoption based on an Annual Reports of Adequate Progress ( Annual Reports") submitted to the Central Valley Flood Protection Board Board"). Since 2018, the Annual Reports have been approved and submitted by SJAFCA to the Board subsequent to the City becoming a member of the SJAFCA JPA.
The Annual Reports describe the financing plan and the identified funding mechanisms that are being utilized to fund and implement the improvements necessary for ULOP.
CITY MANAGER' S REPORT PAGE 2
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" These funding mechanisms include:
Net revenues from the existing RD 17 Assessment District financing the Phase 3 Levee Seepage Project that would be available after the completion of RD 17' s project;
a Regional Development Impact Fee Program;
a new Overlay Assessment District ( OAD) that would overlay the existing RD 17 Assessment; and,
the proposed Mossdale Tract EIFD
The Council supported the implementation of a development impact fee program by initially establishing an Interim Fee prior to 2018 then supporting the implementation of a Regional Fee by SJAFCA. SJAFCA is currently working to evaluate and implement the proposed Overlay Assessment District. Finally, at this time, the Council is requested to start the formation process of the proposed Mossdale Tract EIFD.
Enhanced Infrastructure Financing Districts are districts that receive tax increment generated from the growth in property taxes collected from within a designated district boundary from certain entities that consent to an agreed upon allocation of their property tax revenues. EIFD' s are new entities governed by the creation of a Public Finance Authority.
The City of Lathrop took the lead in the ULOP efforts in 2013 when it awarded contracts to prepare flood maps. The County and other agencies have asked Lathrop to take the lead once again by initiating the creation of the EIFD. Once Lathrop commences the process to create the Mossdale Tract EIFD, Manteca, Stockton and the County will take corresponding actions and the newly created Authority will move through the EIFD formation process. Final approval of the formation of the EIFD will come back to the City Council in the future after the requisite analyses and plans have been prepared and presented back to the Council for consideration as described further below.
EIFD Formation Process
California Government Code sections 53398. 50- 53398. 88 ( EIFD Law) enabled jurisdictions to consider formation of EIFDs as a means of using tax increment financing to fund avariety of eligible improvements with communitywide benefit. The details of how the EIFD accomplishes this goal are described in greater detail in the section below. An EIFD may be formed by resolution of the governing body of a City or a County proposing to dedicate all or a portion of its incremental property tax revenue to the EIFD.
The initial resolution adopted by the local agency commencing the formation an EIFD establishes a Public Financing Authority ( PFA) that operates as the governing board of the district once the EIFD is fully formed. The PFA' s membership is to consist of 2 members of the legislative body of each Affected Taxing Entity ( ATE) and 2 members of the public chosen collectively by the legislative bodies of ATEs.
CITY MANAGER' S REPORT PAGE 3
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" In the case of the proposed Mossdale Tract Area EIFD, the EIFD is to have 4 ATEs, the City of Lathrop, the City of Manteca, the City of Stockton and San Joaquin County.
Thus, the PFA will consist of 8 members from the respective ATEs and 2 public members, for a total of 10 members. The initial selection of the public membership will be selected by the City of Lathrop as part of this initial action. As previously reported to the Council in December, the City Clerk has advertised the public member positions ( Attachment D) and the Council' s action today will finalize the selection.
Subsequent to the formation of the PFA by a resolution of intention declaring the intent for the form the EIFD and establish the PFA by one of the ATE' s, the PFA would meet a minimum 5 times to conduct the EIFD formation process. The series of 5 meetings, at a minimum will consist of the following:
1. At the first PFA meeting the PFA would adopt a resolution that would do the following:
a. Directs the preparation of an Infrastructure Financing Plan ( IFP); i. Among other things, the IFP contents would include a description of the facilities to be financed by the EIFD, a description of the boundary of the proposed EIFD, certain findings regarding the public benefit of the EIFD, and a financing section that identifies the amount of tax increment to allocated to the EIFD, projections of tax increment, projections of the fiscal impacts to each of ATE' s and the details of the financing plan for the facilities. b. Adopts conflict of interest code;
c. Sets regular meeting dates;
d. Adopts CEQA guidelines; and,
e. Adopts the EIFD formation procedures.
2. At the second meeting of the PFA, staff is to present the draft IFP, answer questions and consider comments on the draft IFP.
3. At the third meeting of the PFA, the PFA would conduct the First Noticed Public Hearing on the IFP.
4. At the fourth meeting of the PFA, the PFA would conduct the Second Noticed Public Hearing on the IFP.
5. Finally, subject to the approval of the IFP by each ATE after the fourth meeting Second Public Hearing), and lack of sufficient protests requiring an election, the PFA would conduct a Third Public Hearing and after consideration of all written and oral protests consider adoption of Resolutions approving the IFP and forming the EIFD.
CITY MANAGER' S REPORT PAGE 4
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" EIFD Financing Plan
The Mossdale Tract Area EIFD will be funded from property tax increment revenues, which would be pledged, in conjunction with revenues from the proposed OAD, to repay bonds issued to fund construction of the improvements needed to achieve ULOP. The Mossdale Tract Area EIFD does not impose any new tax on property owners. The ATEs will participate in and contribute property tax increment revenues to the Mossdale Tract Area EIFD.
The financing plan for the Mossdale Tract Area EIFD has been the subject of discussions among the staff of the ATE' s for many months and a conceptual plan has been prepared to support the initial formation efforts. While the plan will be the subject of the initial discussions of the PFA as described in the discussion of the formation process above, in general, the following describes the basic terms of how the EIFD will be allocated tax increment and assist in financing SJAFCA' s Mossdale Tract Project.
The Mossdale Tract Area EIFD includes approximately 5, 125. 5 developable acres.
Approximately 11, 200 housing units and 33. 1 million nonresidential building square feet are anticipated in the Mossdale Tract Area EIFD between the assumed Base Year of the EIFD ( FY 2022 23) and buildout ( 2060). As development takes place throughout the basin, and as the assessed value of property increases over time, net new property taxes will be generated. As those taxes are allocated to the ATE' s, a portion of the net new property taxes will be allocated to the Mossdale Tract EIFD.
The amount that would otherwise be allocated to an ATE diverted to the Mossdale Tract EIFD will be the amount specified in the IFP prepared by the PFA and subject to approval by each of the ATE' s prior to the Third Hearing of the PFA. The amount of Tax Increment allocated by each ATE will be subject to change over time as SJAFCA' s ULOP Project is implemented. The proposed amount of Tax Increment that is reflected in the conceptual plan and expected to be presented to the PFA after formation is as follows:
During the ULOP project construction projected, through 2029 ( Initial Years), the City of Lathrop and the County each would contribute a flat rate of 10 percent, the City of Manteca would contribute 5 percent, and the City of Stockton would contribute 1 percent ( Initial Base Rates).
However, during the Initial Years, the County would contribute a total of 47 percent of property tax increment, composed of its Initial Base Rate of 10 percent, plus an additional 37 percent of property tax increment. The additional 37 percent would be defined as the County' s Additional EIFD Contribution. This Additional Contribution would be subject to repayment by SJAFCA from future Regional Development Impact Fee revenues collected after 2029.
Following the Initial Years, the maximum portion of the total property tax increment revenue allocation proposed to be apportioned, to the EIFD will be 20 percent until such time as the cost of eligible EIFD facilities has been satisfied.
CITY MANAGER' S REPORT PAGE 5
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" The revenues allocated to the EIFD would be transferred to SJAFCA to fund the ULOP Project initially on Pay- As- You go basis. To finance the construction of the ULOP Project, it is expected that SJAFCA would issue two separate series of debt. The first debt issuance would be secured by a pledge of OAD revenues and the second series would be secured by a combined pledge of OAD revenues and EIFD revenues pledged to SJAFCA.
This conceptual plan is subject to further analysis and approvals by the ATE' s as well as property owners with respect the proposed OAD.
EIFD Analyses and Policy Considerations
Additional Analyses
As required by the relevant EIFD authorizing legislation, in addition to the financing plan and detailed description of the amount of property tax allocations from each of the ATE' s, the IFP will present additional information and analysis that includes the following:
a) A detailed description of the Boundary of the EIFD. The plan is to create a set of exhibits that will provide more detail than the Boundary identified as an Exhibit to the proposed resolution ( Attachment C to this Staff Report) presented to the Council for approval.
b) A description of the facilities to be financed by the EIFD c) A finding related to the communitywide benefit of the improvements and facilities financed by the EIFD.
d) An analysis of the fiscal impacts to each of the ATE' s associated with new development within the EIFD before and after the allocation of the property tax revenues to the EIFD.
e) A plan for replacing any dwelling units that are proposed to be or might be removed as a result of the project.
f) A statement of the goals the EIFD proposes to achieve for the project to be financed.
Policy Considerations
A significant amount of time has been spent preparing, reviewing and updating detailed analyses to address the fiscal impacts ( specifically Item " d" above) of the proposed EIFD. From a policy perspective, the effective use of an EIFD as a tool for infrastructure finance necessitates there to be positive economic and fiscal impact to the community.
CITY MANAGER' S REPORT PAGE 6
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" An economic analysis completed in 2015 by the Center for Business and Policy Research at the Eberhardt School of Business concluded that the statewide total economic benefit of future development in the basin, which would only be able to move forward if the ULOP project is completed, at buildout, would be more than $ 11 Billion and 66, 000 jobs. l
In addition, analyses completed by SJAFCA' s consultant team project that there are long positive fiscal impacts to each of the ATE' s at buildout of the basin.
NEXT STEPS
At the meeting, staff and SJAFCA consultants will provide an overview of the proposed Mossdale Tract EIFD. This presentation will discuss the approach to the EIFD, how it fits into the SJAFCA Mossdale Tract program, the process for implementing the EIFD, a summary of the preliminary analyses completed to date and the next steps with respect to the City and PFA to advance the formation of the proposed EIFD. At the conclusion of the presentation, staff and Agency consultants will be available to answer any questions regarding the Program and will request that the City Council adopt the attached resolution. Applications for the Public Member positions on the PFA, included in this packet as Attachment D, were received at the time the agenda was published.
REASON FOR RECOMMENDATION:
After the City Council receives a briefing from the San Joaquin Area Flood Control Agency ( SJAFCA") staff and consultants, staff recommends that Council Appoint the follow representatives to the PFA: Paul Akinjo and Diane Lazard as the two current Lathrop representatives on the SJAFCA board, and two Public Members to be determined from the applications received from the public ( subject to approval by the legislative bodies of the Participating Entities, and approve a resolution declaring its intention to cause the establishment of the proposed Mossdale Tract Enhanced Infrastructure Financing District (" Mossdale Tract EIFD") to finance the construction and/ or acquisition of capital improvements, establish a Public Financing Authority, and authorize certain other actions related thereto, all in coordination with the Cities of Manteca and Stockton and San Joaquin County to help finance the necessary flood protection improvements that would provide a 200- year Urban Level of Flood Protection to the Mossdale Tract Area.
FISCAL IMPACT:
There is no budget impact to the City as all costs are initially covered by SJAFCA, and ultimately by the EIFD.
1 Michael, J. Pogue, T., Ahsan, N., Neumann, J. ( 2015). Economic Benefits of Investment to Comp/y with SB5 Requirements( Page 16). Center for Business & Policy Research, Eberhardt School of Business, University of the Pacific.
CITY MANAGER' S REPORT PAGE 7
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" ATTACH M ENTS:
A. Resolution of Intention Proposing to Establish and Enhanced Infrastructure Financing District to Finance the Construction and/ or Acquisition of Capital Improvements, Establishing a Public Financing Authority, and Authorizing Certain Other Actions Related Thereto
B. EIFD Boundary Map
C. Description of Facilities & Development for EIFD
D. Notice of Vacancy for Public Members on the Mossdale Tract Enhanced Infrastructure Financing District Public Finance Authority E. Applications received to date for Public Members on the Mossdale Tract Enhanced Infrastructure Financing District Public Finance Authority CITY MANAGER' S REPORT PAGE, 8
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT"
APPROVALS
2 Glenn Gebhardt Date
City Engineer
IZ Zo 2o21
Michael King Date
Pub ic Works Director
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Cari Jam Date
Finance ' r ctor
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Salvador Navarrete Date
City Attorney
l•• ZZ
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
LATHROP PROPOSING TO ESTABLISH AN ENHANCED INFRASTRUCTURE
FINANCING DISTRICT TO FINANCE THE CONSTRUCTION AND/ OR
ACQUISITION OF CAPITAL IMPROVEMENTS, ESTABLISH A PUBLIC FINANCING AUTHORITY ( PFA), APPOINT 2 LATHROP COUNCIL MEMBERS AND 2 PUBLIC MEMBERS TO THE PFA, 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 ' City Council") of the City of Lathrop ( 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 of the EIFD Law, 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 in accordance with the EIFD Law; and WHEREAS, the City Council proposes the establishment of an EIFD to finance certain public flood control facilities including, but not limited to, public flood risk reduction infrastructure; and
WHEREAS, the EIFD will be formed by a public financing authority (the Public Financing Authority" or " PFA") that will be the governing board of the EIFD and will be responsible for implementing the infrastructure financing plan; and WHEREAS, in accordance with section 53398. 51. 1 of the EIFD Law, it is anticipated that the Public Financing Authority' s governing board shall consist of members from the legislative bodies of the participating taxing entities, which are the City, San Joaquin County ( the " County"), the City of Manteca, the City of Stockton collectively, the Participating Entities"), and two public members to be appointed by the legislative bodies of the Participating Entities; NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lathrop does hereby determine and declare as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION Z. Intention and Proposal to Establish EIFD. The City Council proposes and intends to cause the establishment of an EIFD under the provisions of the EIFD Law.
SECTION 3. Name of EIFD. The name proposed for the EIFD is " Mossdale Tract Enhanced Infrastructure Financing District."
SECTION 4. Description of Boundaries. The proposed boundaries of the EIFD are as shown on the map of the EIFD ( attached to the January 10, 2022 staff report as Attachment B) which boundaries are hereby approved and to which map reference is hereby made for further particulars.
SECTION 5. Description of Facilities & Development. The types of public facilities proposed to be financed by the EIFD and pursuant to the EIFD Law are those listed as facilities in the January 10, 2022 staff report as Attachment C, incorporated herein ( the " Facilities"). The development area to be assisted by the EIFD is commonly referred to as Mossdale Tract.
SECTION 6. Necessity of EIFD and Goal. The City Council hereby finds that the EIFD is necessary for the area within the EIFD, the City, and the Participating Entities. The City Council' s goal for the EIFD is to create the means by which to assist in the provision of public flood control facilities of communitywide significance that provide significant benefits within the boundaries of the EIFD or the surrounding community and, for those facilities located outside the EIFD boundaries, also have a tangible connection to the EIFD.
SECTION 7. Use of Incremental Tax Revenues. The City Council hereby declares that, pursuant to the EIFD Law and, if approved by resolution of the City and if approved by resolution of the Participating Entities, pursuant to Government Code section 53398. 68, incremental property tax revenue from the City and the Participating Entities within the EIFD, but not from any of the other affected taxing entities within the EIFD, will finance the Facilities. The incremental property tax revenues will be described in an infrastructure financing plan ( the " Infrastructure Financing Plan") to be prepared for the PFA, the City Council, and the Participating Entities under the EIFD Law.
SECTION 8. Establishment of Public Financing Authoritx.
A. The City Council agrees to the following legislative membership appointment structure and hereby establishes the PFA as the governing board of the EIFD.
6. PFA membership shall be comprised of:
i) The following two members of the City Council who also serve on the board of San Joaquin Area Flood Control Agency are hereby appointed by the City Council: Paul Akinjo; Diane Lazard.
ii) From the County of San Joaquin, two Board of Supervisors members who also serve on the board of the San Joaquin Area Flood Control Agency to be appointed by the County of San oaquin Board of Supervisors.
iii) From the City of Manteca, California, two City Council members who also serve on the board of the San Joaquin Area Flood Control Agency to be appointed by the Manteca City Council.
iv) From the City of Stockton, California, two City Council members who also serve on the board of the San Joaquin Area Flood Control Agency to be appointed by the Stockton City Council.
v) Two public members to be appointed by the legislative bodies of the Participating Agencies. The City Council approves the appointment of the following two PFA public members subject to approval by the legislative bodies of the Participating Entities:
C. Members shall serve at the pleasure of their respective appointing legislative bodies and shall continue to serve unless and until their respective appointing legislative bodies make a new appointment, the member resigns, or other forfeiture by operation of law.
However, the term of the public members will be for a two ( 2) year term.
D. The PFA membership is subject to compliance with the EIFD Law and Government Code sections 54970 and 54972.
E. In the event any of the Participating Entities listed herein choose not to participate as a
taxing entity under the EIFD Law, the PFA
membership shall be adjusted to reflect that occurrence.
F. Participating Entities may appoint alternates to their respective PFA membership appointments in accordance with the EIFD Law.
G. Subsequent PFA public member appointments will be initiated by the legislative bodies of the other Participating Entities in alphabetical order.
H. County of San Joaquin, City of Stockton, and City of Manteca' s participation in the governance of the PFA is subject to adoption of the intent to participate by the respective legislative bodies of said agencies.
SECTION 9. Preparation of Infrastructure Financing Plan. The City Council hereby requests the PFA to request the assistance of County staff, San Joaquin Area Flood Control Agency ( SJAFCA") staff, and to direct Larsen Wurzel & Associates and Economic & Planning Systems Inc. to prepare the Infrastructure Financing Plan in accordance with the EIFD Law.
SECTION 10. Distribution of Infrastructure Financing Plan. In accordance with and in the manner authorized by the EIFD Law, the City Council hereby authorizes the City staff and requests the assistance of County staff and SJAFCA staff to distribute a notice which summarizes the Infrastructure Financing Plan and lists the internet website where applicable EIFD and CEQA documents may be found to each owner of land and resident within the boundaries of the EIFD and each affected taxing entity ( as defined in the EIFD law). The City hereby authorizes City staff and requests the assistance of County staff and SJAFCA staff to also make available for public inspection the Infrastructure Financing Plan and any required CEQA documents and to also distribute the Infrastructure Financing Plan to the PFA, the planning commissions of the Participating Entities, and the legislative bodies of the Participating Entities in the manner authorized under the EIFD Law.
SECTION 11. Public Hearina. In accordance with the EIFD Law, the City Council hereby sets a public hearing for July 11, 2022, at the hour of 7: 00 p. m. or as soon as possible thereafter as the matter may be heard at Lathrop City Hall, as the time and place when and where the City Council will conduct a hearing on the proposed establishment of the EIFD. In accordance with the EIFD Law, the City Council hereby sets the first PFA public hearing to be Wednesday, April 21, 2022 at the hour of 9: 00 a. m. or as soon as possible thereafter as the matter may be heard, at the principal meeting place of the PFA which shall be the location of the SJAFCA Board meetings typically held at Stockton City Hall, 425 N. EI Dorado Street, Second Floor in Council Chambers, as the time and place when and where the PFA will conduct the first public hearing on the proposed establishment of the EIFD and the Infrastructure Financing Plan in accordance with the EIFD Law. The date, time, and location of the following two public hearings required by the EIFD Law shall be established by the PFA in accordance with, and in the manner required by, the EIFD Law.
SECTION 12. Providing of Notice. The Clerk of the Board of Supervisors is hereby requested to mail a copy of ( i) this Resolution, or ( ii) a notice of intention containing specific information as set forth in California Government Code section 53398. 60, to the PFA and each owner of land ( as defined in the EIFD Law), within the EIFD, the Participating Entities, and to each affected taxing entity ( as defined in the EIFD Law). The Clerk of the Board of Supervisors is hereby requested to provide any assistance to the PFA so as to cause notice of the public hearings to be given in the manner and at the times and to have the notices contain the information required by the EIFD Law. The City Clerk is hereby authorized to carry out the intent of this section and is directed to assist the Clerk of the Board of Supervisors or the clerk of any of the other Participating Entities in any manner reasonably necessary to give effect to or carry out the intent of this section.
SECTION 13. Establishment of EIFD. This Resolution in no way obligates the PFA to establish the EIFD or for the Participating Entities to approve the Infrastructure Financing Plan.
The establishment of the EIFD is subject to the approval of the PFA by resolution following the holding of the public hearing( s) referred to above. The approval of the Infrastructure Financing Plan is subject to approval by the respective legislative bodies of the Participating Entities at a later date in accordance with the EIFD Law.
SECTION 14. Severabilitv. 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.
SECTION 15. 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.
Any actions heretofore taken by said officers and agents, on behalf of the City, that is in conformity with the purposes and intent of this Resolution and with the provisions of the EIFD Law with respect to the Mossdale EIFD, are hereby approved and confirmed.
SECTION 16. Effective Date. 7his Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 10tn day of January 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
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ATTACHMENT C
Description of Facilities to be Financed
The EIFD is authorized to finance the purchase, construction, expansion, improvement, or rehabilitation of the facilities described herein. These facilities have an estimated useful life of 15 years or longer and are public facilities of communitywide significance that provide significant benefits to the EIFD or the surrounding community. Any facilities located outside the boundaries of the EIFD have a tangible connection to the work of the EIFD. The EIFD will also finance planning and design activities that are directly related to the purchase, construction, expansion, or rehabilitation of these facilities. Facilities authorized to be financed by the EIFD include the following:
Public flood control facilities including, but not limited to, public flood risk reduction infrastructure associated with ensuring that the resulting levee system complies with the Urban Levee Design Criteria promulgated by the California Department of Water Resources and San Joaquin Area Flood Control Agency Resolution (" SJAFCA") No. 19- 06 and SJAFCA' s Adopted Policy for Adapting Design Standards far the Mossdale Tract Area of SJAFCA in light of Climate Change.
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 engineering, planning, 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 City of Lathrop, City of Manteca, City of Stockton, County of San Joaquin or the EIFD in connection with the division of taxes pursuant to Government Code section 53398. 75; costs otherwise incurred in order to carry out the authorized purposes of 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.
ATTACHMENT D
PUBLIC NOTICE
CITY OF LATHROP/ CITY CLERK
Attn: Teresa Vargas
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
MB# 12- 54
State of California
County of San Joaquin 20, 5. 5 c.c.P. FFIDAVIT OF PUBLICATION of the said County, being duty sworn, deposes and says:
I I am a citizen of the United States and a resident of the County aforesaid, I i, am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Manteca Bulletin, a newspaper of general circulation, printed and published Daily in the City of Manteca, California, County of San Joaquin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court, DepaRment 4, of the County of San Joaquin, State of California, under the date of May 12th 1952, Case Number 52904; that the notice, of which the annexed is printed copy ( set in type not smaller than non- pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
DEC. 21,
2021
I certify( or Declare), under penalty of perjury that the foregoing is true and correct.
Dated at Manteca, Califomia, this day of:
December 21, 2021
Date
zJ D 2-
Signature
MANTECA BULLETIN
DENNIS WYATT- Editor P. O. Box 1958
531 East Yosemite Ave. Manteca, California 95336- 0912
Phone ( 209) 249- 350 Fax( 209) 249- 3551
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1 OSSDAIE Tt2ACT EPINANCfQ
MIfRASTRUC' NRE FtNANCMlG
O STRICT FUBItG FiNANCE AUTMORtTY
NOTtCE tS HEREBY GlYEN tha! the City of t.athrop wiit b n tl e process b esk ish khe F bssda Tract Enhanced inft tnxture Flnancing pis ict pubiic Finance AuMority( EIfD}{ PFA) on Janu y 10, 2022. At that Bme, the City Courxi( y i! ba ked ta appoint Mro PubGc t embers th PFA.
To be eiigible appoindnent s a Pot ic Member d this PFA, ihe Pubic Member trtust resi within the bout y pf tt E D( see atta,she m ot EIFO bo nda y}, Mfentpers Ye 0 mPe he Perfortr ance of their dnties other than compens ian expr'essly provi d by actlan of the PFA.
The hAassdale Tract Enhar ced nfrastr ture Fi ancing District Public Finance Autlxxity is Gze goyeming body of the Mossd e Tr t Enhance4 infrastructure Financing District end a5.998. wia86.have the r ponsibiiities provided pursuant to Government Gode 53 8.50— The htossdale Tract EtFQ PfA wiii direct the preparatian o# an M ft tnx ure Financir g Plan( IFP) and upon its approval by the gpveming bodies of fhe Ci6es of Latlxpp, a and S c)ctan arM San Jo uin C unty, d the PPA, the PFA govsming body wlp carty ait and adrtrittisfet the pian. 7he Mbssdate Tract EIFO wiA assist d caotd nat with the San Joaquin Area Fload Controt Agency[ SJqFCA} to flnar ce 20pYear Fiood CanVal fm xoveme ts for tt Mossdaie Tract Area to eosure that an thban Cevet of Fiood Protectioo ts provided to the area by 2028. Members d the PFA Boa d w l:
F dec gions whh respect tt use of Tau lncrert ent Revenues consist t wNh Ensute Gpmpliance, Mth ry e t s of IFP d coordina2e with S.JAFCA to c ry out the goals of tlre IFP n a i nded thffi the Mossdale Tr t EIFD PFA will meet a ce per month on tlie s ne d s anG bcation{ Stockton City H I, d25 M. ff paradb Stree2, Stockta, Cq gy202} aa, H tl SJAFCA Board af Directas jmmediately Foilowing the conciusiQn of their meeGr gs. t, i Fw infonna6on abaat the Mos lale Tract Enhanced tnfrastrtxture Financing pisUict PubNc Finance Auttraity' s Purpose, rrl eting schedu and tfie application process, Tple,esase Vazgas( catl tlre City2) Engir er Glena Cet ardt at( 2(XJ) gq1- 7292 or fhe City Cietk 941- 7230 a s p in and piek up informa ion ai ihe City H i, a50 Tame Cenue Drive, Lathrc p. in accardanr,e wlth Gavernment Code Sectlon 5 99 4, no apppinbtient to Mt ttws vacar Cy adN be made fa at least ten 10 warki d s after rwtice.
t } 9 Y P bn9 of thiS Specj
Teresa Vargas, MMG City Gerk
date and Past i Qecember 21. 2021
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ATTACHMENT E
COMMISSION/ COMMITTEE APPLICATION
Applying for: U G Q-- vnrSneci l Reaairemenb:
Youth Advisory Commission: Must be a Lathro resident t tween 13 to 18 years of age to serve on this commission.
Senior Advisory Cohr» rission: Must be a Lathrop resideni 50 years of age or over to serve on this commission.
Planning, Prrrks& Recreation Comm rsions, and Measure C Oversighl CommiJtee: Must be a Lathrop resident to serve on this cammission.
PLEASE PRINT OR TYPE THE FULLOWING INFORMATION:
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Name:
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Address: City: G/.-- Zip: 3
Telephone( hom Telephone( work)
Telephone( cell) Telephane( other)
Email: Resident of the City of Lathrop: l_ Years
Do you have Transportation to attend the Commission meetings and Functions? Yes No CI Backgroand Informadon:
Are you related to a current City Employee?
If yes, give name and relationship
EmploymenWolunteer Information:
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Or$anizar on
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Position( s)
Res nsibilitieslaccomplishments: IJ f - `
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Date
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Location Posrt orr( s)
Responsibilities/ accomplishments: 1/ e C SY- 1 1= L"
Cor naan ty Activi ies that yo i have been n ol ted vith feel free to attach additional pa s) 1' znnre p,J
t r*aniaatic n 1' r sitic rz/R s? ota, sil itities L? ates czme c{ Clrgrmitatir n Pasitic tt Res c nszbilitr sr'r ccc m lisf: mc>nts 1 ates Spe ial Awards or Rec gnitions yau have receiv d: ____._ Educst3onal Informafiio:
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tir cntir r trt Ir2.rtitutic a I e rrcil ipt nr F iel Yeari cc atic rtallnstitutitrn D, n-e l i alt nacr 1•' ielr' Year Add'ttiozl. l Irtfot' m&tf0it ( Fteuce pr•v rr` le c n otf er irtft t ntation which ' or, f'eel otrl l be u efrl 1v the Gzty Cnr rtcil in ien ir y'crrr li atio a.)
Pler se sign anrf rirrte you a pli tiQn at d cub nit tr tlte Offxr.e af he Cit Clerk af the arlrlress I elo t.. 4 Si na ue Date
ar: nt`Guardi uz Sigt ature( l er triredfnr Youth Acfiri.rc r C rndir rrtec otily} Cifiy Clerk
City of Lathrop
390 Tawne Centre Drive
Lathrc p, CA 95330
i--v.tr11v11, Jil.Jly. ViV11V111" 1' 1+.' L+' APPLICATION 1 Applying for: y
Special Repuirements•
Yauth Advisory Commission: Must be a Lathrop resident between 13 to 18 years af age to serve on this commission. Senior Planning, Advisory Parks& Commission: Must be a Lathrop resident 50 years of age or over to serve on this commission. this cornmission. Recreation Commissivns, and Measure C Oversight Committee: Must be a Lathrop resident to serve on PLEASE PRINT OR TYPE THE FOLLUWTNG INFORMATION:
Name: Y v'' C:: '
Address:
City: ,,' r`;,r" Zi `-'. p' -------r.'.`
Telephone ( hame) Telephone {work) ., f/
Telephane ( ce11)
Telephone ( other}
Email:
Resident of the City of Lathrop: s' r' Yeat
Do you have Transportation to attend the Commission meetings and Functions? Yes CY No Background Infarmation:
Are you related to a current City Employee? i;>'
If yes, give name and relationship
ErnploymentlVolunteer Information:
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Organiaation r;" ,
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Responsibilitieslaccom Plishments: l'`-t%' rr`'-" ,
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Organization
Date
Location
Position( s)
Responsibilities/ accamplishments:
Community Activities that yau have been involved with {feel free to attach additional pages) t' s``'
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ducat onal Ins tutran Uegree/ Uiploma Field Year
ducational Institution DegreetDiploma Field yeQr
dditional Information (Please provide any other infarmatian which you feel would be useful to the Ciry Couneil in eviewing you applicnti n.)
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lease sign and date you appdicatian and submit ta the Office ofthe City Clerk at the address below..
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i ture Date
arendGuardian Signature( Reguired far Youth Advisory Candidates only) City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330