REPORT TO THE CITY COUNCIL
January 29, 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 amending Annexation No. 29 of the City of Fresno Community Facilities District No. 11, Final Tract Map No. 5626, to change the types of Services, the rate and method of apportionment of the special tax, and the Maximum Special Tax to be levied (southeast corner of N. Fowler and E. Hamilton Avenues) (Council District 5)
1. RESOLUTION - Authorizing the Amendment of Annexation No. 29 of Community Facilities District No. 11 and the Levy of a New Maximum Special Tax
2. RESOLUTION - Calling Special Mailed-Ballot Election
3. RESOLUTION - Declaring Election Results
4. *** BILL - (For introduction and adoption) - Amending Ordinance No. 2008-29 and Levying a Changed Maximum Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 29, Final Tract Map No. 5626
Body
RECOMMENDATIONS
1. Adopt Resolution Amending Annexation No. 29 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 ("CFD No. 11").
2. Adopt Resolution Calling Special Mailed-Ballot Election.
3. Adopt Resolution Declaring Election Results.
4. Adopt Ordinance Amending Ordinance No. 2008-29 and Levying a Changed Maximum Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to CFD No. 11, Annexation No. 29, Final Tract Map No. 5626 ("T5626").
EXECUTIVE SUMMARY
On December 18, 2014, the Council of the City of Fresno ("Council") adopted Resolution No. 2014-214 with the intent and consideration to amend Annexation No. 29 of CFD No. 11 at the request of the landowner of T5626. This is the noticed public hearing to consider the changes and amend Annexation No. 29, T5626, of CFD No. 11 to finance the Services pertaining to public improvements associated with T5626. The change in the cost for these Services is $785.20/lot annually for Fiscal Year 2014-2015. If approved, the recommended resolutions and ordinance will levy a changed Maximum Special Tax on the properties in T5626 for identified Services. (See attached location and revised features map.)
BACKGROUND
On May 13, 2008, the Council adopted Resolution No. 2008-103 annexing T5626 as Annexation No. 29 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 T5626 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 T5626 have requested that the Council amend Annexation No. 29 of CFD No. 11 to change the types of Services to meet current standards and policy, 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. 2014-214, declared its intent and consideration to amend Annexation No. 29 of CFD No. 11, and set the public hearing for formal consideration. (See attached location and revised features map.)
Resolution No. 2014-214 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 $785.20 per residential lot to provide Services for Fiscal Year 2014-2015. The Maximum Special Tax will be adjusted upward annually by 3% 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
Revised Feature Map
Resolutions (3)
Ordinance