REPORT TO THE CITY COUNCIL December 10, 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. 9 (Site Plan Review Application no. 2015-064, Assessor's Parcel Number 567-030-7S) (Southeast corner of East Champlain and North Hickory Hill Drives) (Council District 6) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 9 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 2015-2016 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 9, Assessor's Parcel Number 567-030-7S ..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 2015-2016 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 9, Site Plan Review Application no. 2015-064, Assessor's Parcel Number 567-030-7S EXECUTIVE SUMMARY On November 5, 2015, the Council of the City of Fresno ("Council") adopted Resolution No. 2015-198 to annex territory to Community Facilities District No. 9 ("CFD No. 9") at the request of the landowner of the territory associated with Site Plan Review Application No. 2015-064, Assessor's Parcel Number 567-030-7S. This is the noticed public hearing to consider annexing Assessor's Parcel Number 567-030-7S to CFD No. 9 to finance the Services for certain ground level infrastructure within the public easements associated with this development. Such facilities may include, without limitation, concrete curbs and gutters, valley gutters, curb ramps and sidewalks; street lighting and local street paving. The cost to maintain these improvements totals $1,064 annually for fiscal year 2015-2016. If approved, the recommended resolutions and ordinance will levy a special tax on the property of Assessor's Parcel Number 567-030-7S 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 the territory associated with Site Plan Review Application No. 2015-064, Assessor's Parcel Number 567-030-7S, annexed to CFD No. 9 to finance the Services for certain ground level infrastructure within the public easements associated with this development. Such facilities may include, without limitation, concrete curbs and gutters, valley gutters, curb ramps and sidewalks; street lighting and local street paving. Pursuant to this petition, the Council adopted Council Resolution No. 2015-198, declared its intention to annex Assessor's Parcel Number 567-030-7S to CFD No. 9, and set the public hearing for formal consideration. Resolution No. 2015-198 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 $1,064 for Fiscal Year 2015-2016. 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 of Assessor's Parcel Number 567-030-7S. Attachments: Location Map Resolutions (3) Ordinance