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 MICHAEL VARGAS, Engineer I Public Works Department, Traffic Operations and Planning SUBJECT ..Title RESOLUTION - Of Intention to Establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services) and future annexation area and to Authorize the Levy of a Special Tax; and setting the public hearing for Thursday, November 3, 2022 at 10:00am (T-6310, near the northwest corner of Dakota and Polk Avenues; T-6234, southwest corner of Dakota & Hayes Avenues; future annexation area encompasses entire City of Fresno) (Citywide) ..Body RECOMMENDATION Adopt Resolution of Intention to establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services) and future annexation area and to Authorize the Levy of a Special Tax. EXECUTIVE SUMMARY The landowners have petitioned the City of Fresno (City) to establish Community Facilities District No. 18 - Public Safety Services (CFD No. 18) to provide funding for the Services (as hereafter defined) pertaining to policy and fire safety/protection/suppression services associated with the proposed developments. There are three annual maximum costs for these Services for the Fiscal Year 2022-2023: for a Single-Family Residential Property is $164.00 per unit, for a Multi-Family Residential Property is $134.00 per unit, and for an Accessory Dwelling Unit is 50% of the applicable Maximum Special Tax Rate for the property type of the primary property land use. T-6310 (APN 511-011-19) and T-6234 (APNs: 512-141-19, 512-141-13, 512-141-15 and 512-141-44) are located entirely within City limits. The Resolution of Intention begins the CFD formation process, sets the required public hearing for Thursday, November 3, 2022, at 10:00 am, and defines the steps required to establish a new CFD. (See attached Location Map). BACKGROUND Under the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law), the City Council, as the legislative body for the CFDs and any annexations thereto, has the authority to establish a CFD and annex property to a CFD. The landowners of T-6310 (APN 511-011-19) and T-6234 (APNs: 512-141-19, 512-141-13, 512-141-15 and 512-141-44) have petitioned (including waivers) the City of Fresno to form a CFD to provide the funding for the Services pertaining to police and fire safety/protection/suppression services associated with the planned developments. (See attached Location Map.) The attached Resolution initiates the formation process, sets the public hearing on this matter for Thursday, November 3, 2022 at 10:00 am, sets the total Maximum Special Tax for the Public Safety Services to be provided by CFD No. 18 annually for Fiscal Year 2022-2023 at $164.00 for single family residential, $134.00 for multi-family residential, and 50% of the applicable Maximum Special Tax Rate for the property type of the primary property land use for Accessory Dwelling Units; 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. Formations of 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 Establish to CFD No. 18 * 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 the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project. 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 for services will be borne by the property owners within the subject tract. Attachments: Location Map Resolution of Intention