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 SUBJECT ..Title RESOLUTION - Of Intention to Annex the Territory Identified as the Adjusted Parcel B of Lot Line Adjustment No. 2020-15 as Annexation No. 53 (DSS Campus West Dakota Avenue HAWK Traffic Signal) 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, December 2, 2021, at 10:00 am (southeast corner of West Dakota Avenue and East Airways Boulevard) (Council District 4) ..Body RECOMMENDATION Adopt Resolution of Intention to Annex the Territory Identified as the Adjusted Parcel B of Lot Line Adjustment No. 2020-15 as Annexation No. 53 to the City of Fresno Community Facilities District No. 9 (CFD No. 9) and to Authorize the Levy of Special Taxes. EXECUTIVE SUMMARY Cook Land Company has purchased property on the northeast corner of Peach and Dakota. The property is in the City of Clovis and is part of the old Pelco campus. The existing building is being rented to Fresno County for the Department of Social Services (DSS). The existing lot at the office building is small and does not provide sufficient parking for the demand created by DSS. Cook Land purchased property from the GAP on the southeast corner of Peach and Dakota for additional parking. Fresno County and Cook Land requested approval for a HAWK traffic signal to improve safety for pedestrians crossing from the new parking lot to the DSS office. City staff supports the installation of the HAWK and plans to maintain the signal and pay the power bills. Cook Land has agreed to annex the property into CFD No. 9 to pay for the maintenance and the power. The cost for the maintenance, power and replacement of the equipment when damaged totals $5,628 annually for Fiscal Year 2021-2022. Annexation No. 53 is located entirely within City limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, December 2, 2021, at 10:00 am, and defines the steps required to complete the annexation. (Reference attached Location Map.) The parking lot parcel now belongs to the Boys and Girls Club. However, Cook Land Company has submitted the request for Annexation on behalf of the Boys & Girls Club. Fresno County DSS is renting the parking lot from the Boys and Girls Club. 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 to 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 the Adjusted Parcel B of Lot Line Adjustment No. 2020-15 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 the public street easements on West Dakota Avenue. The improvements are the traffic signal associated with this development. (Reference attached Location Map.) The Adjusted Parcel B of Lot Line Adjustment No. 2020-15 is located entirely within City limits. The attached Resolution of Intention initiates the annexation process, sets the public hearing for Thursday, December 2, 2021, at 10:00 am, sets the Maximum Special Tax at a total of $5,628 for Annexation No. 53 annually for fiscal year 2021-2022, and sets the annual adjustment of the Special Tax to be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2% 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 Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378 this action does not qualify as a "project" and is therefore exempt from CEQA requirements. 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 will be borne by the landowner as set forth in Exhibit D of the Resolution of Intention attached herein. ATTACHMENTS: Location Map Resolution of Intention