REPORT TO THE CITY COUNCIL
April 23, 2020
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
SUBJECT
Title
RESOLUTION - Of Intention to Establish a Community Facilities District (Community Facilities District No. 17 - Sewer Lift Station Maintenance District) and to Authorize the Levy of a Special Tax; and setting the public hearing for Thursday, June 11, 2020, at 10:00 am (Annadale Commons, near the northwest corner of Annadale and Elm, Tract No. 5434, northeast corner of Temperance and McKinley Avenues) (Council Districts 3 and 4)
Body
RECOMMENDATION
Adopt Resolution of Intention to establish a Community Facilities District (Community Facilities District No. 17 - Sewer Lift Station Maintenance District) and to Authorize the Levy of a Special Tax.
EXECUTIVE SUMMARY
The landowners have petitioned the City of Fresno (City) to establish Community Facilities District No. 17 - Sewer Lift Station Maintenance District (CFD No. 17) to provide funding for the Services (as hereafter defined) pertaining to the maintenance of the required sewer lift stations associated with two proposed developments. The total cost for the Services provided for each sewer lift station (LS001 and LS002) is $18,000 annually for Fiscal Year 2019-2020. Both the Annadale Commons Development (Final Tract Map No. 6187; APN 479-270-33) and Final Tract Map No. 5434 are located entirely within City Limits. The Resolution of Intention begins the CFD formation process; sets the required public hearing on the establishment of the CFD for Thursday, June 11, 2020, at 10:00 am; and defines the steps required to establish a new CFD. (See attached Location Map)
BACKGROUND
Under the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law), the City Council, as the legislative body for the CFDs and any annexations thereto, has the authority to establish a CFD and annex property to a CFD.
The landowners of the Annadale Commons Development (Final Tract Map No. 6187; APN 479-270-33) and Final Tract Map No. 5434 have both petitioned the City to form a CFD to provide funding for the Services pertaining to the maintenance of the required sewer lift stations associated with the planned developments. (See attached Location Map.) Neither development is phased, both are located entirely within City Limits, and will both share equally in the maintenance of the associated sewer lift-stations.
The attached Resolution of Intention initiates the formation process, sets the public hearing on this matter for Thursday, June 11, 2020, at 10:00 am, sets the total Maximum Special Tax for the Sewer Lift-Station Services to be provided by CFD No. 17 at $18,000.00 annually for Fiscal Year 2019-2020 and sets the annual adjustment of the Special Tax at 3% plus the increase, if any, in the construction cost index for the San Francisco Region.
Formations of community facilities districts are permitted under City Law. The legislative body must follow certain prescribed procedures as outlined below:
§ Adoption of a Resolution of Intention to Establish CFD No. 17
§ Required 7-day minimum Notice of Public Hearing
§ Public hearing on Formation and Levy of Special Tax
§ Call a Special Mailed-Ballot Election on the proposed Special Tax
§ Declare the Results of the Election
§ Formal Adoption of Special Tax Levy (if election passes)
The attached Resolution has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this action is not a “project.”
LOCAL PREFERENCE
Local preference was not considered since this item does not include a bid or award of a construction or services contract.
FISCAL IMPACT
No City funds will be involved. All costs for services will be borne by the property owners within the subject tract.
Attachments:
Location Map
Resolution of Intention