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HomeMy WebLinkAbout8738RESOLUTION NO. 8738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING ITS INTENTION TO ESTABLISH THE REDLANDS CLIMATE RESILIENCE DISTRICT TO FINANCE THE CONSTRUCTION, REPAIR, ACQUISITION, OPERATION, AND/OR MAINTENANCE OF CAPITAL IMPROVEMENTS AND FACILITIES; ESTABLISH A DISTRICT BOARD; AND AUTHORIZING CERTAIN OTHER ACTIONS RELATED THERETO WHEREAS, pursuant to Chapter 2.99 of Part I of Division 2 of Title 5 of the California Government Code (commencing with Section 53398.50) ("EIFD Law") and Division 6 of Title 6 of the California Government Code (commencing with Section 62300) ("CRD Law"), the City Council of the City of Redlands ("City") is authorized to initiate the process to establish a Climate Resilience District ("CRD"); and WHEREAS, in 2022 the Legislature of the State of California added Division 6 to Title 6 of the California Government Code to allow for the establishment of CRDs, deeming any CRD to also be an Enhanced Infrastructure Financing District (`EIFD") and subjecting CRDs and their establishment to EIFD Law; and WHEREAS, in accordance with California Government Code section 53398.54, the City has complied with the prerequisites prior to initiating the creation of or participating in the governance of the CRD and will provide the required certification to the Department of Finance in accordance with EIFD and CRD Law; and WHEREAS, on April 19, 2022, the City Council unanimously supported, by roll call vote, the University of Redlands' request for the City to establish an EIFD, directed staff to work with the University and consultants to prepare the necessary documents and reports to establish an EIFD to support the University Village project, to meet with representatives of the County of San Bernardino to request its participation, and authorized the City Manager to sign and submit a letter of support for grant funding to the University,of Redlands; and WHEREAS, the City Council proposes the potential establishment of a CRD to help finance various public facilities and other projects authorized by the CRD law within the established CRD boundaries or outside of the established CRD boundaries if there is a tangible connection to the work of the CRD, including but not limited to infrastructure such as water, sewer, flood control, renewable energy investments, projects to address extreme heat or other community facilities; and WHEREAS, the proposed boundaries of the CRD are identified on a map entitled "Proposed Boundaries of Redlands Climate Resilience District" (Exhibit "A"); a copy which is on file in the office of the City Clerk; and WHEREAS, pursuant to CRD Law and EIFD Law, the City Council is required to establish the Redlands Climate Resilience District Board ("District Board") to act as the governing board of the proposed CRD at the same time the City Council adopts its intention to form the CRD; and WHEREAS, the CRD will be formed by the District Board which will be responsible for implementing the governing Infrastructure Financing Plan ("IFP"); and 1:\Reso1utions\Res 8700-8799\Rcsolntion_No._8738_Resolntion_of Intent_to_Fonn_CRD.11.26.25 (2).dombm WHEREAS, this action is exempt from the California Environmental Quality Act ("CEQA") as an action solely related to financing and 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 because the City has not committed itself to fund any specific projects through the CRD. However, future actions (such as the funding and/or approval of infrastructure improvements using funding from the CRD) will be subject to environmental review in accordance with CEQA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated into this Resolution by this reference. Section 2. Intention and Proposal to Establish Climate Resilience District. The City Council proposes and intends to cause the establishment of the CRD under the provisions of CRD Law and EIFD Law. Section 3. Name of Climate Resilience District. The name proposed for the CRD is the "Redlands Climate Resilience District." Section 4. Boundaries. The proposed boundaries of the EIFD are as shown on Exhibit "A" attached hereto, which are preliminarily approved and on file in the office of the City Clerk and incorporated herein by reference. Section 5. Description of Facilities. The types of public facilities and development proposed to be financed or assisted by the CRD pursuant to the CRD Law are those listed on Exhibit "B", attached hereto and incorporated herein by reference. Section 6. Necessity of CRD and Goals. The City Council hereby finds that the CRD is necessary for the area within the boundaries of the CRD and the City. The City Council's stated goals for the CRD are to create a means by which to assist in the provision of public facilities or other specified projects of communitywide significance that provide significant benefits to the area within boundaries of the CRD or the surrounding community, including promotion of climate resilience, economic development and quality of life. Section T Use of Incremental Tax Revenues for CRD Funding. The City Council hereby declares that, pursuant to the EIFD and CRD Law and if approved by resolution pursuant to Government Code Section 53398.68, incremental property tax revenue from the City (and potentially other taxing entities that elect to participate in the CRD in the future) within the CRD may be used to finance the activities described in Section 5 and listed on Exhibit `B." The incremental property tax financing will be described in an IFP to be prepared for approval by the District Board, the City Council, and the legislative bodies of all participating taxing entities under 'EIFD and CRD Law. Section 8. Use of Incremental Sales Tax for CRD Funding. The City or County are authorized to allocate tax revenues derived from local sales and use taxes imposed pursuant to the 2 I:\Resolutions\Res 8700-8799\Resolution_No._8738_Resolntion_of Intent_to_Fmm_CRD. 11.26.25 (2).docx.bm Bradley -Burns Uniform Local Sales and Use Tax Law (Part L5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) to the CRD pursuant to Government Code Section 53398.75.5, if applicable. The City Council does not intend to contribute sales and use taxes or transactions and use taxes to the CRD. Section 9. Establishment of the District Board. The City Council hereby establishes the Redlands Climate Resilience District Board to act as the governing board of the proposed CRD. The District Board shall be initially comprised of three members of the City Council and two members of the public appointed by the City Council. If another taxing entity, such as the County of San Bernardino, ultimately elects to partner with the City in the CRD, then the District Board will be reorganized in accordance with EIFD and CRD law, for example to include two members of the City Council, one member of that taxing entity's legislative body (e.g., County Supervisor), one member of the public appointed by the City Council, and one member of the public appointed by the legislative of that taxing entity (e.g., County Board of Supervisors). Section 10. Public Hearing. The Council hereby establishes February 18, 2026, at 6:00 p.m., or as soon as possible thereafter as the matter may be heard, at Redlands City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, as the time and place, when and where the District Board will conduct a public hearing on the proposed establishment of the CRD and the IFP. Section l 1. Mailing and Publication of Notice. Pursuant to California Government Code sections 53398.60 and 53398.61, the City Cleric is hereby directed to mail a copy of this Resolution to the District Board and each owner of land (as defined in the EIFD and CRD Law), or alternatively with respect to the owners of land, may mail a single -page notice of intention described in California Government Code section 53398.60(b), within the CRD and to each affected taxing entity (as defined in the EIFD and CRD Law). Section 12. Successor Agency Findings of Completion. The City solely in its capacity as the designated successor agency to the former Redlands Redevelopment Agency ("Successor Agency"), has received a finding of completion from the State Department of Finance as specified in California Health and Safety Code section 34179.7. Section 13. Department of Finance Certification. In accordance with California Government Code section 53398.54, the City certifies to the California Department of Finance (DOF) and to the District Board that no former Redlands Redevelopment Agency 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 CRD. The City Clerk is authorized and directed on behalf of the City to provide or make this certification to the DOV within 10 days after the City Council's action to participate in the CRD pursuant to Government Code Section 53398.68 or the City Council's action to form the CRD pursuant to Government Code Section 53398.69, by delivery of a copy of the appropriate Resolution or signing a separate certification, if and as required by the DOF. 3 b\Resolutiom\Res 8700-8799\Resolntion_No._8738_Resolution_of Intent_to_Form_CRD.11.26.25 (2).dombm Section 14. 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 Redevelopment Agency, the City or any other public agency. The Successor Agency and the City have complied with all the State Controller's findings and orders stemming from such review. Section 15. Current CRD Law. It is the intent of the Council that the formation of the CRD shall proceed under the now existing and current CRD Law, including but not limited to its incorporation of EIFD Law, as effective on the date of this Resolution. Section 16. No Obligation to Establish CRD. This Resolution in no way obligates the District Board to establish any CRD. Section 17. 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. Section 18. 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. Section 19. Effective Date. This resolution shall be effective immediately upon its adoption. Section 20. Certify. The City Clerk shall certify the adoption of this resolution. ADOPTED, SIGNED AND APPROVED this 16th day of December, 025. Mario Sauc do, Mayor ATTEST: 7 nne Donaldson, City Clerk 4 1:\Resolutions\Res 8700-8799IResolution_No._8738_Resolution of tntent_to_FormCRD.11.26.25 (2).docx.bm I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 161b day of December, 2025, by the following vote: AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo NOES: None ABSENT: None ABSTAIN: None J e Donaldson, City Clerk 5 1:1Reso1utiuns\Res 8700-87991Resolution_No._8738 Resolution_of Intent to_Form CRD.11.26,25 (2),dombm EXHIBIT A PROPOSED REDLANDS CLIMATE RESILIENCE DISTRICT (CRD) BOUNDARIES o ....� ` ,�4':. f � qz r • � .6 � � . _ _ 3`ti �. ` _; `yam, 7; - - c s F 1 ' } '11� _ may Sir• 1 4'• q. 'r5" -i 1 i'i4ttS�r g 4rj Ott '- f15VIj� +r' Wt Al, +`� ��!Aklxx . +�j . '1 The Redlands CRD boundary is initially proposed as the area within teal boundaries above, encompassing approximately 232 acres. 6 I:IResolutions\Res 8700-87991Resolution No. 8738 Resolution of Intent to Fono CRD. I 1.26.25 (2).dombm EXHIBIT B CITY OF REDLANDS CLIMATE RESILIENCE DISTRICT (CRD) LIST OF AUTHORIZED PUBLIC FACILITIES The Redlands CRD may finance or assist eligible projects that are designed and implemented to address climate change mitigation, adaptation or resilience, including, but not limited to all of the following: • A project that addresses river, bay, or sea level rise, or rising groundwater, including wetlands or marsh restoration, vegetated dunes, living shorelines, erosion control, or levees. • A project that addresses extreme heat or the urban heat island effect, including increasing shade, deploying cool building and surface materials, using cool pavements; constructing, improving, or modifying new or existing facilities; or increasing access to cooling opportunities. • A project that addresses extreme cold, rain, or snow, including constructing, improving or modifying new or existing facilities. • A project that addresses the risk of wildfire, including establishing fire breaks, prescribed burning, structure hardening or vegetation control. • A project that addresses drought, including multi -use land repurposing, groundwater replenishment, groundwater storage or conjunctive use. • A project that addresses the risk of flooding, including structure elevation or relocation, wetlands restoration, flood easements or bypasses, or levees. • A project that intends to improve air quality. The CRD may raise and allocate funding for eligible projects and the operating expenses of eligible projects, where operating expenses may include any of the following: • The expenses of operating the district. • The planning of eligible projects. • The operational expenses of any eligible project. 7 C\Resolutions\Res 8700-8799\Rcsolntion_No._8738_Resolution_of In[cn[_to_Fotm_CRD.11.26.25 (2).dombm