REPORT TO THE CITY COUNCIL
December 18, 2014
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
RESOLUTION - Of intent and consideration to amend the existing boundary map, change the types of services and the rate and method of apportioning the special tax, and to establish a new Maximum Special Tax for Final Tract Map No. 5626, Annexation No. 29, of the City of Fresno Community Facilities District No. 11 (southeast corner of S. Fowler and E. Hamilton Avenues) (Council District 5)
Body
RECOMMENDATION
Adopt Resolution of Intent and Consideration to amend the existing boundary map, change the types of services and the rate and method of apportioning the special tax and establish a new Maximum Special Tax for Final Tract Map No. 5626, Annexation 29 of the City of Fresno Community Facilities District No. 11 ("CFD No. 11").
EXECUTIVE SUMMARY
The landowners of Final Tract Map No. 5626 have requested that the Council authorize amending the existing boundary map, changing the types of services and the rate and method of apportionment of the special tax and to establish a new Maximum Special Tax for Annexation No. 29 of CFC No. 11. The result, from analyzing the changes in the types of services and comparing of the maintenance costs for the current fiscal year 2014-2015 and fiscal year 2008-2009, is a decreased Maximum Special Tax from $912.00 per lot annually to $785.20 per lot annually for Annexation No. 29. The Resolution of Intent and Consideration begins the process, sets the required public hearing for Thursday, January 29, 2015 at 10:00 a.m., and defines the steps required to complete the amendment of Annexation No. 29. (See attached location, original and revised features maps.)
BACKGROUND
On May 8, 2008, the existing boundary map for Annexation No. 29 of CFD No. 11 was recorded at Book 42, Page 78, of Assessment and Community Facilities Districts in the Office of the Recorder, County of Fresno, California. Subsequently, on May 13, 2008, the Council of the City of Fresno ("Council") adopted Resolution No. 2008-103 annexing Final Tract Map No. 5626 as Annexation No. 29 to CFD No. 11 and authorized the levy of a Maximum Special Tax pursuant the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code ("City Law").
Final Tract Map No. 5626 has new landowners who are currently pursuing the completion of the final map process previously not done. These new landowners have been required by the City of Fresno ("City") to amend Annexation No. 29 based on the following findings: vesting rights of Final Tract Map No. 5626 have expired, new landowners of the final map require a new balloted election, and the existing annexation is not to current City standards and policies. At the landowners' request to proceed, the Council is authorized, pursuant City Law and the Mello-Roos Community Facilities Act of 1982 (Commencing at Section 53311), to amend the existing boundary map, change the types of services and the rate and method of apportionment of the special tax and to establish a new Maximum Special Tax. (See attached location, original and revised features maps.)
The result, from analyzing the changes in the types of services and comparing of the maintenance costs for the current fiscal year 2014-2015 and fiscal year 2008-2009, is a decreased Maximum Special Tax from $912.00 per lot annually to $785.20 per lot annually for Annexation No. 29. The attached resolution initiates the process to amend Annexation No. 29, sets the public hearing on this matter for January 29, 2015 at 10:00 a.m.
Final Tract Map No. 5626 is not a phased map and is located entirely in the Fresno City Limits.
To amend an existing annexation the Council must follow certain prescribed procedures as outlined below:
§ Adoption of a Resolution of Intent and Consideration to amend Annexation No. 29 of CFD No. 11
§ Record an amended Annexation No. 29 boundary map
§ Required 7-day minimum notice of public hearing
§ Public hearing on amending Annexation No. 29
§ Call a Special Mailed-Ballot Election on amending Annexation No. 29
§ Declare the Results of the Election
§ Formal Adoption of the changes to Annexation No. 29 (if election passes)
The attached Resolution has 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 item does not qualify as a "project" and is therefore exempt from the California Environmental Quality Act requirements.
LOCAL PREFERENCE
Local preference was not considered since 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
Original Features Map
Revised Features Map
Resolution