REPORT TO THE CITY COUNCIL November 20, 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 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 57 (Final Tract Map No. 5967) (East side of N. Polk Avenue between W. Shaw and Gettysburg Avenue) (Council District 1) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 11 and authorizing the levy of a special tax 2. RESOLUTION - Calling special mailed-ballot election 3. RESOLUTION - Declaring election results 4. ***BILL - (For introduction and adoption) - Levying a special tax for the property tax year 2014-2015 and future tax years within and relating to Community Facilities District No. 11, Annexation No. 57, Final Tract Map No. 5967 ..Body RECOMMENDATIONS 1. Adopt Resolution Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax. 2. Adopt Resolution Calling Special Mailed-Ballot Election. 3. Adopt Resolution Declaring Election Results. 4. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 57, Final Tract Map No. 5967. EXECUTIVE SUMMARY On October 23, 2014, the Council of the City of Fresno ("Council") adopted Council Resolution No. 2014-168 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. 5967 ("T5967"). This is the noticed public hearing to consider annexing T5967 as Annexation No. 57 to CFD No. 11 to provide funding for the operation and reserves for maintenance ("Services") pertaining to the concrete curbs and gutters, entrance median curbs and hardscaping, sidewalks, curb ramps, interior street paving and street lighting associated with this subdivision. The cost for Services is $158.17/lot annually (totaling $1,898). If approved, the recommended resolutions and ordinance will levy a Special Tax on the properties in T5967 for identified Services. (See attached location and features map) BACKGROUND On November 15, 2005, the Council adopted Council Resolution No. 2005-490 forming CFD No. 11 to fund the maintenance of landscaping, open spaces, local streets, local street lights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and services 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 landowner of T5967 has petitioned the City of Fresno to be annexed into CFD No. 11 to provide funding for the Services pertaining to the concrete curbs and gutters, entrance median curbs and hardscaping, sidewalks, curb ramps, interior street paving and street lighting associated with this subdivision. Pursuant to this petition, the Council adopted Council Resolution No. 2014-168, declared its intention to annex the T5967 to CFD No. 11, and set the public hearing for formal consideration. (See attached location and features map) Resolution No. 2014-168 also directed the preparation of an Engineer's Report describing the Services and the costs of those services and this report is on file with the City Clerk. If adopted by the Council, the attached ordinance would levy the proposed Maximum Special Tax of $158.17 per residential lot (totaling $1,898) to provide Services for FY14-15. 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 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 Feature Map Resolutions (3) Ordinance