REPORT TO THE CITY COUNCIL
January 31, 2019
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
ANN LILLIE, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
Title
RESOLUTION - Of Intention to Annex Final Tract Map No. 6156 as Annexation No. 37 to the City of Fresno Community Facilities District No. 9 and to Authorize the Levy of Special Taxes (northeast corner of North Millbrook and East Nees Avenues) (Council District 6)
Body
RECOMMENDATION
Adopt Resolution of Intention to annex Final Tract Map No. 6156 as Annexation No. 37 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 Final Tract Map No. 6156 annexed to CFD No. 9 to provide funding for the operation and reserves for maintenance (“Services”) pertaining to the above ground improvements within the public rights-of-way. These improvements include the landscaping and irrigation systems within the East Nees Avenue median island, the concrete curbs & gutters, valley gutters, sidewalks, curb ramps and median island capping, and street lights as associated with this subdivision. The cost for these Services for the public improvements totals $3,972.00 annually for fiscal year 2018-2019. Annexation No. 37 is located entirely in the Fresno City Limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, February 28, 2019, at 10:00 a.m., 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 Final Tract Map No. 6156 annexed to CFD No. 9 to provide funding for the Services pertaining to the above ground improvements within the public rights-of-way. These improvements include the landscaping and irrigation systems within the East Nees Avenue median island, the concrete curbs & gutters, valley gutters, sidewalks, curb ramps and median island capping, and street lights as associated with this subdivision. (Reference attached location map.)
The attached Resolution initiates the annexation process, sets the public hearing for Thursday, February 28, 2019, at 10:00 a.m., sets the Maximum Special Tax at a total of $3,972.00 to be apportioned proportionately for each assessor’s parcel within Final Tract Map No. 6156 annually for FY2018-19, 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