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. 11, Annexation No. 100 (Final Tract Map No. 5587) (northwest corner of West McKinley and North Brawley Avenues) (Council District 3)
1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 100 (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 2018-2019 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 100 (Subject to Mayor’s Veto)
Body
RECOMMENDATIONS
1. Adopt Resolution Annexing Territory to Community Facilities District No. 11 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 2019-2020 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 100
EXECUTIVE SUMMARY
On August 15, 2019, the Council of the City of Fresno (“Council”) adopted Council Resolution No. 2019-157 with the intent to annex territory to Community Facilities District No. 11 (“CFD No. 11”) at the request of the landowner of Final Tract Map No. 5587. This is the noticed public hearing to consider annexing Final Tract Map No. 5587 as Annexation No. 100 to CFD No. 11 to provide funding for the Services pertaining certain required above ground public improvements associated with this subdivision. The cost for Services is $619.87 per lot annually. If approved, the recommended resolutions and ordinance will levy a Special Tax on the properties in Final Tract Map No. 5587 for identified Services. (See attached location and features map.
BACKGROUND
On November 15, 2005, the Council adopted Council Resolution No. 2005-490 forming CFD No. 11 to fund the maintenance of landscaping, open spaces, local streets, local street lights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (“City Law”).
The landowner of Final Tract Map No. 5587 has petitioned the City of Fresno to be annexed into CFD No. 11 to provide funding for the operation and reserves for maintenance (“Services”) pertaining to the landscaping, trees and irrigation systems within the street right-of-way and landscape easements including the West McKinley Avenue median island; the concrete curbs and gutters, valley gutters, sidewalks, curb ramps, major street median hardscaping, entrance median curbs and hardscaping, median capping and maintenance band , street name signage, street lighting, and local street paving associated with this subdivision. Pursuant to this petition, the Council adopted Council Resolution No. 2019-157, declared its intention to annex the Final Tract Map No. 5587 to CFD No. 11, and set the public hearing for formal consideration (see attached location and features map).
Resolution No. 2019-157 also directed the preparation of an Engineer’s Report describing the Services and the costs of those services and this report is on file with the City Clerk.
If adopted by the Council, the attached ordinance would levy the proposed Maximum Special Tax of $619.87 per residential lot to provide Services for FY19-20. The Maximum Special Tax will be adjusted upward annually by 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 ordinance and resolutions 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 tract.
Attachments:
Location Map
Feature Map
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance