REPORT TO THE CITY COUNCIL
September 19, 2019
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
HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 9, Annexation No. 40 (R-P East Development, Assessor’s Parcel Number 330-021-03) (east side of South East Avenue north of East Central Avenue) (Council District 3)
1. ***RESOLUTION - Annexing Territory to Community Facilities District No. 9 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 2019-2020 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 40 (Subject to Mayor’s Veto)
Body
RECOMMENDATIONS
1. Adopt Resolution Annexing Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax
2. Adopt Resolution Calling Special Mailed-Ballot Election
3. Adopt Resolution Declaring Election Results
4. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2018-2019 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 40
EXECUTIVE SUMMARY
On August 15, 2019, the Council of the City of Fresno (“Council”) adopted Council Resolution No. 2019-158 with the intent to annex territory to Community Facilities District No. 9 (“CFD No. 9”) at the request of the landowner of Assessor’s Parcel Number 330-021-03. This is the noticed public hearing to consider annexing Assessor’s Parcel Number 330-021-03 as Annexation No. 40 to CFD No. 9 to provide funding for the Services pertaining to certain above ground public improvements associated with the development of Assessor’s Parcel Number 330-021-03. The cost for Services totals $1,778.00 annually for Fiscal Year 2019-2020. If approved, the recommended resolutions and ordinance will levy a Special Tax on the properties in Annexation No. 40 for identified Services (see attached location map).
BACKGROUND
On December 16, 2008, the Council adopted Council Resolution No. 2008-351 forming CFD No. 9 to fund the Services for public improvements/areas that may benefit not only a particular subdivision or a portion of, but also the City of Fresno (“City”) and the public at large, that serve a public purpose, and that are constructed or installed on public property or dedicated rights-of-way or easements. CFD No. 9 is to provide maintenance for certain regulatory required public improvements located within and adjacent to public streets on the perimeter of commercial, industrial and multi-family subdivisions as described and permitted by 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).
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 of services for certain required public improvements in the public rights-of-way along the perimeters of these developments.
The landowner has petitioned the City to have Assessor’s Parcel Number 330-021-03 annexed to CFD No. 9 to provide funding for the operation and reserves for maintenance (“Services”) pertaining to certain above ground public improvements required with the development of Assessor’s Parcel Number 404-071-48. These improvements include the concrete curbs and gutters, sidewalks, and street lighting associated with this development pursuant to this petition, the Council adopted Council Resolution No. 2017-158, declared its intention to annex Assessor’s Parcel Number 330-021-03 to CFD No. 9, and set the public hearing for formal consideration.
Council Resolution No. 2019-158 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 totaling $1,778.00 annually for Fiscal Year 2019-2020. The Maximum Special Tax may be adjusted upward annually at the discretion of the City with a limit of 3% plus the rise, if any, in the Construction Cost Index for the San Francisco Region.
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
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 because this hearing 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 territory.
Attachments:
Location Map
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance