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RESOLUTION R2023-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, LEVYING ASSESSMENTS IN THE OXBOW BUSINESS PROMOTIONS ASSESSMENT AREA FOR FY 2023-2024 IN ACCORDANCE with nAPA mUNICIPAL cODE CHAPTER 3.29; AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM CEQA WHEREAS, in order to implement the State of California Streets and Highways Code sections 36000, et seq. and City Agreement No. 9354 between the City of Napa and the Napa Downtown Association, Management of Assessment Districts, approved on June 19, 2007, the City of Napa City Council adopted Resolution No. R2023-058 on June 6, 2023 approving the “FY 2023-2024 Annual Report and Budget for Oxbow BPAA”; and declaring its intent to levy assessments upon businesses within the Oxbow Business Promotions Assessment Area as outlined in Napa Municipal Code Chapter 3.29 (Oxbow Business Improvement Area); and WHEREAS, said “FY 2023-2024 Annual Report and Budget for the Oxbow BPAA” provided as Exhibit “A” to this Resolution contains the Napa Downtown Association (NDA) responses to specific measures from the California Streets and Highways Code Section 36533 including FY 2023-2024 NDA advisory board members; FY 2022-2023 NDA Budget to Actuals, FY 2023-2024 NDA Budget including expected revenues and expenses, and the Oxbow BPAA Boundary Map; and WHEREAS, the “Oxbow BPAA” is located generally in the downtown Napa area bounded by Soscol Avenue, Silverado Trail, Fourth Street, and River Terrace Way, and more particularly shown in Exhibit A, “FY 2023-2024 Annual Report and Budget for the Oxbow BPAA”; and WHEREAS, a public hearing notice of the City Council’s intention to hold a public hearing to levy said assessments was published in the Napa Valley Register on Friday, June 9, 2023, and posted in publicly accessible locations; and the Napa Downtown Association was notified of this agenda item prior to the meeting date; and WHEREAS, said notice was given that the “FY 2023-2024 Annual Report and Budget for the Oxbow BPAA” containing all documents, location maps, and information relating to the improvements and activities to be funded by said assessments was approved by the City Council on June 6, 2023 and is on file in the office of the City Clerk of the City of Napa, CA, 955 School Street, Napa, CA; and WHEREAS, said public hearing was held by the City Council of the City of Napa on June 20, 2023 at the hour of 3:30 p.m., and at the hearing all persons desiring to be heard on all matters pertaining to the levying of assessments in the Oxbow BPAA were heard; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any information provided during public meetings.
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 determines that the actions authorized by this Resolution are exempt from CEQA, pursuant to CEQA Guidelines Section 15323 (normal operation of facilities for public gatherings).
3. The City Council hereby confirms the “FY 2023-2024 Annual Report and Budget for the Oxbow BPAA” as described in the recitals of this resolution.
4.The City Council hereby authorizes the levying and collection of assessments on businesses within the Oxbow BPAA for FY 2023-2024 as outlined in Napa Municipal Code Chapter 3.29.
5. Assessments shall be collected for the year at the same time and in the same manner as the collection of the business license taxes from each business in the Area. Collection shall be made by the Finance Director of the City or such other official of the City responsible for the collection of such taxes and assessments.
6.The City Council hereby authorizes the Finance Director to disperse assessment revenue from the FY 2023-2024 Oxbow BPAA to the NDA, to be used by NDA in accordance with the Oxbow BPAA FY 2023-2024 Annual Report and City Agreement 9354.
7. This Resolution shall take effect immediately upon its adoption.
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 of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: _______________________
Tiffany Carranza
City Clerk
Approved as to form:
____________________________
Michael W. Barrett
City Attorney
R2023-__ Page 1 of 2 June 20, 2023 ATTACHMENT 1