REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: JILL M. GORMLEY, TE, Assistant Director
Public Works Department, Traffic & Engineering Services Division
ADRIAN GONZALEZ, Supervising Engineering Technician
Public Works Department, Land Planning & Subdivision Inspection Section
SUBJECT
Title
HEARING to adopt resolutions and ordinance amending Annexation Number 37 of the City of Fresno Community Facilities District Number 11, Final Tract Map Number 6410, to change the types of Services, the rate and method of apportionment of the special tax, and the Maximum Special Tax to be levied (Located on the northeast corner of East Church Avenue and South Peach Avenue): (Council District 5)
1. ***RESOLUTION - Authorizing the Amendment of Annexation No. 37 of Community Facilities District No. 11 and the Levy of a New Maximum Special Tax; (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) - Amending Ordinance No. 2011-11 and Levying a Changed Maximum Special Tax for the Property Tax Year 2024-2025 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 37, Final Tract Map No. 6410. (Subject to Mayor’s Veto)
Body
RECOMMENDATIONS
1. Adopt Resolution Amending Annexation No. 37 to Change the Types of Services, the Rate and Method of Apportionment of the Special Tax, and the Maximum Special Tax to be Levied for Services by Community Facilities District No. 11
2. Adopt Resolution Calling Special Mailed-Ballot Election
3. Adopt Resolution Declaring Election Results
4. Adopt Ordinance Amending Ordinance No. 2011-11 and Levying a Changed Maximum Special Tax for the Property Tax Year 2024-2025 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 37, Final Tract Map No. 6410
EXECUTIVE SUMMARY
On June 20, 2024, the Council of the City of Fresno (“Council”) adopted Resolution No. 2024-127 with the intent and consideration to amend Annexation No. 37 of Community Facilities District No. 11 (“CFD No. 11”) at the request of the landowner (DR Horton) of Final Tract Map No. 6410 (73 lot single-family home subdivision; “T6410”). This is the noticed public hearing to consider the changes and amend Annexation No. 37, T6410, of CFD No. 11 to finance the Services pertaining to public improvements associated with T6410. The change in the cost for these Services is $637.74 per lot annually for Fiscal Year 2024-2025. If approved, the recommended resolutions and ordinance will levy a changed Maximum Special Tax on the properties in T6410 for identified Services. (See attached location and features map.)
BACKGROUND
On March 31, 2011, the Council adopted Resolution No. 2011-53 annexing Final Tract Map No. 5498 as Annexation No. 37 to CFD No. 11 to finance the maintenance of landscaping and irrigation systems within street right-of-ways, landscape easements, and outlots; local street concrete curbs, gutters, valley gutters and sidewalks, street lights and signs (“Services”) associated with T5498 and 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 landowners of T6410 have requested that the Council amend Annexation No. 37 of CFD No. 11 to change the types of Services, change the rate and method of apportionment of the special tax, and to establish a changed Maximum Special Tax. Pursuant to this request, the Council adopted Resolution No. 2024-127, declared its intent and consideration to amend Annexation No. 37 of CFD No. 11, and set the public hearing for formal consideration. (See attached location and features map.)
Resolution No. 2024-127 directed the preparation of an Amended Engineer’s Report describing the changes in types of Services and the costs to perform those Services. This report is on file with the City Clerk.
If adopted by the Council, the attached ordinance would levy the proposed changed Maximum Special Tax of $637.74 per residential lot to provide Services for Fiscal Year 2024-2025. The Maximum Special Tax will be adjusted upward annually by 2% plus the rise, if any, in the Construction Cost Index for the San Francisco Region.
The levy of the changed Maximum 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
Features Map
District Report
Director’s Certificate
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance