REPORT TO THE CITY COUNCIL April 9, 2015 FROM: SCOTT L. MOZIER, PE, Director Public Works Department THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division BY: ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 9, Annexation No. 7 (Final Parcel Map No. 2014-05) (east side of North Maple Avenue south of East McKinley Avenue) (Council District 7) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax 2. RESOLUTION - Calling Special Mailed-Ballot Election 3. RESOLUTION - Declaring Election Results 4. *** BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 7, Final Parcel Map No. 2014-05 ..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 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 7, Final Parcel Map No. 2014-05 EXECUTIVE SUMMARY On March 5, 2015, the Council of the City of Fresno ("Council") adopted Resolution No. 2015-39 to annex territory to Community Facilities District No. 9 ("CFD No. 9") at the request of the landowner of Final Parcel Map No. 2014-05. This is the noticed public hearing to consider annexing Final Parcel Map No. 2014-05 to CFD No. 9 to finance the Services for all ground level infrastructures within the public street rights-of-way. Such facilities include, without limitation, concrete curbs, gutters, valley gutters, curb ramps and sidewalks; street name signage, street lighting, and local street paving associated with Final Parcel Map No. 2014-05. The cost for the Services for all improvements totals $6,963 for Fiscal Year 2014-15. If approved, the recommended resolutions and ordinance will levy a special tax on the property of Final Parcel Map No. 2014-05 for identified Services. 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 Final Parcel Map No. 2014-05 annexed to CFD No. 9 to finance the Services pertaining to all ground level infrastructures within the public street rights-of-way. Such facilities include, without limitation, concrete curbs, gutters, valley gutters, curb ramps and sidewalks; street name signage, street lighting, and local street paving associated with Final Parcel Map No. 2014-05. Pursuant to this petition, the Council adopted Council Resolution No. 2015-39, declared its intention to annex Final Parcel Map No. 2014-05 to CFD No. 9, and set the public hearing for formal consideration. Resolution No. 2015-39 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 $6,963 for Fiscal Year 2014-2015. The Maximum Special Tax may be adjusted annually upward 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 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 Final Parcel Map No. 2014-05. Attachments: Location Map Resolutions (3) Ordinance