REPORT TO THE CITY COUNCIL
July 20, 2017
FROM: SCOTT L. MOZIER, PE, Interim Director
Public Works Department
BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
ANN LILLIE, Senior Engineering Technician
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
Actions Pertaining to Community Facilities District No. 9:
1. RESOLUTION - Of Intention to amend the City of Fresno Community Facilities District No. 9 Boundary Map for Final Tract Map No. 5717 (southeast corner of North Fowler and East Shields Avenues) (Council District 4)
2. RESOLUTION - Of Consideration to change the types of Services, change the rate and method of apportioning the special tax, and establishing a new maximum special tax for the amended boundaries of Final Tract Map No. 5717 of the City of Fresno Community Facilities District No. 9 (southeast corner of North Fowler and East Shields Avenues) (Council District 4)
Body
RECOMMENDATIONS
1. Adopt Resolution of Intention to amend the City of Fresno Community Facilities District No. 9 (“CFD No. 9”) Boundary Map for Final Tract Map No. 5717.
2. Adopt Resolution of Consideration to change the types of services, change the rate and method of apportioning the special tax, and establishing a new maximum special tax for Final Tract Map No. 5717 of the CFD No. 9.
EXECUTIVE SUMMARY
The landowner has petitioned the City to amend the initial boundaries of CFD No. 9, Final Tract Map No. 5717, to change the types of Services to include the North Fowler Avenue median landscaping and the local street paving of Princeton and Bliss Avenues, change the rate and method of apportionment of the Special Tax, and to levy a new Maximum Special Tax. The cost for the change in Services will increase the Maximum Special Tax from a total lump sum of $8,800.17 to $9,998.00 to be apportioned proportionately for each assessor’s parcel within CFD No. 9 amended boundaries annually for FY2017-18. The amended boundaries of Final Tract Map No. 5717 are located entirely in the Fresno City Limits. The Resolution of Consideration begins the process, sets the required public hearing for Thursday, August 24, 2017, and defines the steps required to complete the amendment process. (See attached location map.)
BACKGROUND
On December 16, 2008, the Council of the City of Fresno (“Council”) adopted Resolution No. 2008-351 establishing CFD No. 9, annexing the territory within Final Tract Map No. 5717 as the initial CFD No. 9 boundaries, and authorizing the levy of a special tax to provide funding to maintain certain above ground public improvements as defined in Resolution No. 2008-351.
On February 4, 2016, the Council approved the applications for a General Plan Amendment and Rezoning of lots 8 and 9 of Final Tract Map No. 5717. The Fowler Development Company, Inc. (“Developer”) then filed Vesting Tentative Map No. 6110 with the City of Fresno (“City”) to subdivide lots 8 and 9 as a single-family residential development. A requirement of Vesting Tentative Map No. 6110 is to amend the CFD No. 9 initial boundaries to remove lots 8 and 9 prior to annexation to the Community Facilities District No. 11. The same Developer has also requested to change the types of Services for Final Tract Map No. 5717 provided by CFD No. 9 to include the North Fowler Avenue median landscaping and the local street paving of Princeton and Bliss Avenues. Adding these Services will increase the Maximum Special Tax from a total lump sum of $8,800.17 to $9,998.00 and requires CFD No. 9 to be amended.
Final Tract Map No. 5717 is not a phased map and is located entirely in the Fresno City Limits. (See attached location.)
The attached Resolution initiates the amendment process, sets the public hearing on this matter for Thursday, August 24, 2017, sets the New Maximum Special Tax at a total of $9,998.00 to be apportioned proportionately for each assessor’s parcel within CFD No. 9 amended boundaries annually for FY2017-18, and that the maximum special tax may be adjusted annually at the discretion of the City at +3% plus the increase, if any, in the Construction Cost Index for the San Francisco Region.
Amending existing community facilities districts is permitted under City Law. The legislative body must follow certain prescribed procedures as outlined below:
§ Adoption of a Resolution of Intention to Amend the Initial CFD No. 9 Boundaries
§ Adoption of a Resolution of Consideration to amend Final Tract Map No. 5717
§ Required 7-day minimum Notice of Public Hearing
§ Public hearing on Consideration to amend CFD No. 9 and Levy a New Special Tax
§ Call a Special Mailed-Ballot Election on the proposed Amendment
§ 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
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
Resolution of Intention
Resolution of Consideration