REPORT TO THE CITY COUNCIL
February 13, 2020
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
BY: ANN LILLIE, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
Title
RESOLUTION - Of Intention to Annex the territory known as Assessor’s Parcel Number 403-030-07 as Annexation No. 43 to the City of Fresno Community Facilities District No. 9 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, March 19, 2020, at 10:10 am (southeast corner of East Shepherd and North Chance Avenues) (Council District 6)
Body
RECOMMENDATION
Adopt Resolution of Intention to annex the territory known as Assessor’s Parcel Number 403-030-07 as Annexation No. 43 to the City of Fresno Community Facilities District No. 9 (“CFD No. 9”).
EXECUTIVE SUMMARY
The landowner has petitioned the City of Fresno (“City”) to have Assessor’s Parcel Number 403-030-07 annexed to CFD No. 9 to provide funding for the Services pertaining to certain above ground public improvements associated with this Development (Shepherd and Chance Luxury Apartments). The cost for these Services for the public improvements totals $3,984.00 annually for fiscal year 2019-2020. Annexation No. 43 is located entirely in the Fresno City Limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, March 19, 2020, at 10:00 am, and defines the steps required to complete the annexation. (Reference attached location map.)
BACKGROUND
New commercial, industrial, and multi-family subdivisions and parcel maps have different needs and standards than those of a standard single-family residential subdivision. Commercial, industrial and multi-family subdivisions are traditionally self-maintained with different proprietary requirements for landscaping, signage and general designs. CFD No. 9 is designed to accommodate these requirements by providing funding for services for certain required public improvements along the perimeters of these developments. On December 16, 2008, the Council of the City of Fresno adopted Council Resolution No. 2008-351, forming CFD No. 9 to provide funding for the Services for certain public improvements located within and adjacent to public streets on the perimeter of commercial, industrial and multi-family subdivisions as described and permitted pursuant the Goals and Policies for CFD No. 9 and the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (“City Law”) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code).
The landowner has petitioned the City to have Assessor’s Parcel Number 403-030-07 annexed to CFD No. 9 to provide funding for the operation and reserves for maintenance (“Services”) pertaining to certain above ground public improvements located within public street and landscaping easements. These improvements may include the landscaping, trees, and irrigation systems within the East Shepherd Avenue median; concrete curbs and gutters, valley gutters, median capping and maintenance band, sidewalks and curb ramps; street name signage, street lighting, and local street paving as associated with this development. (Reference attached location map.)
The attached Resolution initiates the annexation process, sets the public hearing for Thursday, March 19, 2020, at 10:10 am, sets the Maximum Special Tax at a total of $3,984.00 to be apportioned annually for fiscal year 2019-2020 for Annexation No. 43, and that the maximum special tax may be adjusted annually at the discretion of the City at +3% plus the increase, if any, in the Construction Cost Index for the San Francisco Region.
Annexations to existing 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 Annex to CFD No. 9
§ Required 7-day minimum Notice of Public Hearing
§ Public hearing on Annexation 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 hearing does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements.
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 will be borne by the landowner as set by Exhibit D of the Resolution of Intention attached herein.
Attachments:
Location Map
Resolution of Intention