REPORT TO THE CITY COUNCIL
May 25, 2017
FROM: SCOTT L. MOZIER, PE, 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
HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 80 (Final Tract Map No. 6031) (south of East Dakota Avenue between North Fowler and Armstrong Avenues) (Council District 4)
1. RESOLUTION - Directing Preparation of a Modified Engineer’s Report Analyzing Impact of Proposed Change in Lot Quantity and Decrease in Probable Special Tax for Proposed Modification of Resolution No. 2017-109
2. RESOLUTION - Receiving and Approving the Modified District Report and Modifying Resolution No. 2017-109 for Annexation No. 80
3. ***RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax
4. ***RESOLUTION - Calling Special Mailed-Ballot Election
5. ***RESOLUTION - Declaring Election Results
6. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2016-2017 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 80
Body
RECOMMENDATIONS
1. Adopt Resolution Directing Preparation of a Modified Engineer’s Report Analyzing Impact of Proposed Change in Lot Quantity and Decrease in Probable Special Tax for Proposed Modification of Resolution No. 2017-109
2. Adopt Resolution Receiving and Approving the Modified District Report and Modifying Resolution No. 2017-109 for Annexation No. 80
3. Adopt Resolution Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax
4. Adopt Resolution Calling Special Mailed-Ballot Election
5. Adopt Resolution Declaring Election Results
6. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2016-2017 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 80
EXECUTIVE SUMMARY
On April 27, 2017, the Council of the City of Fresno (“Council”) adopted Resolution No. 2017-108 with the intent to annex territory to Community Facilities District No. 11 (“CFD No. 11”) at the request of the landowner of Final Tract Map No. 6131 (“T6131”). The quantity of 101 lots was used for calculations in error and has been modified to reflect actual 181 lots, and the Special Tax has been decreased from $800.16 to $453.13 per lot annually for fiscal year 2016-2017. This is the noticed public hearing to consider these modifications and to annex T6131 as Annexation No. 80 to CFD No. 11 to provide funding for maintenance Services associated with this subdivision. If approved, the recommended resolutions and ordinance will modify Resolution No. 2017-108 and levy a Special Tax on the properties in T6131 for identified Services. (See attached location and features map.)
BACKGROUND
The landowner of T6131 has petitioned the City of Fresno to be annexed into CFD No. 11 to provide funding for the operation and reserves for maintenance (“Services”) pertaining to the landscaping and irrigation systems within street and landscaping easements and Outlot A; the concrete curbs and gutters, valley gutters, entrance median curbs, Fowler median stamped concrete, sidewalks, curb ramps and Outlot A walkway and pads, Outlot A park amenities, street name signage, street lighting, and local street paving associated with this subdivision. Pursuant to this petition, the Council adopted Resolution No. 2017-108 on April 27, 2017, declared its intention to annex T6131 to CFD No. 11, and set the public hearing for formal consideration. Resolution No. 2017-108 also directed the preparation of a written report describing the Services and the costs of those services and to file this report with the City Clerk. (See attached location and features map.)
It has been determined that the quantity of 101 lots used for calculations of the Special Tax was in error and has been modified to reflect the actual 181 lots. This change decreases of the Special Tax from $800.16 to $453.13 per lot annually for fiscal year 2016-2017. A Modified District Report has been prepared and analyzed reflective of these modifications and is on file with the City Clerk and apart of this hearing.
As adopted by Council, Resolution No. 2017-108 proposed a Maximum Special Tax (“Tax”) of $800.16 per residential lot and now is proposed to be modified showing a decrease to $453.13 per lot. This requires Resolution No. 2017-108 to be modified to adjust the Special Tax and is accomplished with the following two additional resolutions.
1. The first is Council direction to analyze the proposed change to the ROI in a Modified District Report.
2. The second is for Council to approve the Modified District Report and to Modify Resolution No. 2017-108.
To annex T6131 to CFD No. 11 requires three additional resolutions and an ordinance.
3. The third resolution annexes territory to CFD No. 11 and authorizes the levy of the special tax if the tax is approved by a special election of the property owners.
4. Resolutions 4 and 5 conduct the special election approving the special tax.
5. The ordinance approves the levy of the special tax.
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
Feature Map Sheet 1 of 2
Feature Map Sheet 2 of 2
Resolutions (5)
Ordinance