REPORT TO THE CITY COUNCIL
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
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning
SUBJECT
Title
HEARING to adopt resolutions and ordinance to establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services), future annexation area, and Authorizing the Levy of a Special Tax (T6234, southwest corner of Dakota and Hayes Avenues; T6310, near the northwest corner of Dakota and Polk Avenues; future annexation area encompasses entire City of Fresno) (new Citywide district; projects located in District 1)
1. ***RESOLUTION - to Establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services), future annexation area and Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 18 (Subject to Mayor’s Veto)
Body
RECOMMENDATION
1. Adopt Resolution to establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services), future annexation area, and Authorizing the Levy of a Special Tax,
2. Adopt Resolution Calling Special Mailed-Ballot Election,
3. Adopt Resolution Declaring Election Results, and
4. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 18.
EXECUTIVE SUMMARY
On October 20, 2022 the Council of the City of Fresno (Council) adopted Council Resolution No. 2022-235 with the intent to establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services) and annex territory to Community Facilities District No. 18, at the request of the landowners (Lennar Homes/Edward Fanucchi, and D.R. Horton/George Beal) of the proposed developments (Tract 6234 and Tract 6310; Single-Family Home Subdivisions). This is the noticed public hearing to consider establishing a Community Facilities District (Community Facilitates District No. 18 - Public Safety Services) annexing territory to CFD No. 18 to provide funding for the Services (as hereafter defined) pertaining to police and fire safety/protection/suppression services associated with the planned developments. There are three annual maximum costs for these Services for the Fiscal Year 2022-2023: for a single-family residential property the rate is $164.00 per unit, for a multi-family residential property the rate is $134.00 per unit, and for an accessory dwelling unit is the rate is $82.00 (50% of the rate for a single-family rate). If approved, the recommended resolutions and ordinance will establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services), future annexation area, and authorize the levy of a special tax on the properties within the boundaries of the annexation area for identified services. (See attached location map)
BACKGROUND
Subdivision: T6234/T6310
Developer: Lennar Homes/D.R. Horton
Number of Lots: 277/38
Maximum Special Tax Per Lot: $164 per year for single family unit.
Services: Police and fire safety/protection/suppression services
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 Final Tract Map No. 6234 and No. 6310 have petitioned the City of Fresno to be annexed into CFD No. 18 to provide the funding for the operation and reserves for police and fire safety/protection/suppression services (Services). Pursuant to this petition, the Council adopted Council Resolution No. 2022-235, declared its intention to annex Final Tract Map No. 6234 and 6310 to CFD No. 18, and set the public hearing for formal consideration (see attached location map).
Council Resolution No. 2022-235 also directed preparation of a District Report describing the Services and the costs of those services and this report is on file with the City Clerk of the City of Fresno.
If adopted by the Council, the attached ordinance would levy the proposed maximum special tax rate of $164 per single family residential unit, $134 per multi-family residential unit, and $82.00 per accessory dwelling unit, annually for Fiscal Year 2022-2023. The Maximum Special Tax will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI) for the San Francisco Region if it exceeds 2%.
The levy of the special tax is subject to approval by the qualified electors through a special election. Two additional resolutions are attached for Council consideration pertaining to this special election.
Today’s public hearing has been duly noticed and the attached resolutions and ordinance have been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project.
LOCAL PREFERENCE
Local preference was not implemented, as 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 tracts. The proposed annexation to the new Public Safety CFD is projected to address the shortfall in property tax revenue which would otherwise occur without the new special tax revenue.
Attachments:
Location Map
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance