REPORT TO THE CITY COUNCIL September 22, 2016 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. 70 of the City of Fresno Community District No. 11, Final Tract Map No. 6067, to change the types of Services, the rate and method of apportionment of the special tax, and the Maximum Special Tax to be levied (east side of N. Locan Avenue between E. Shields and Dakota Avenues) (Council District 4) 1. RESOLUTION - Authorizing the Amendment of Annexation No. 70 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. 2016-18 and Levying a Changed Maximum Special Tax for the Property Tax Year 2016-2017 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 70, Final Tract Map No. 6067 ..Body RECOMMENDATIONS 1. Adopt Resolution Amending Annexation No. 70 to Change the Types of Services and the Rate and Method of Apportionment of the Special Tax, and to establish a New Maximum Special Tax to be Levied for Services by Community Facilities District No. 11 2. Adopt Resolution Calling Special Mailed-Ballot Election 3. Adopt Resolution Declaring Election Results 4. Adopt Ordinance Amending Ordinance No. 2016-18 and Levying a New Maximum Special Tax for the Property Tax Year 2016-2017 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 70, Final Tract Map No. 6067 EXECUTIVE SUMMARY On August 25, 2016, the Council of the City of Fresno ("Council") adopted Resolution No. 2016-151 with the consideration to amend Annexation No. 70 of Community Facilities District No. 11 ("CFD No. 11") at the request of the landowner of Final Tract Map No. 6067 ("T6067"). This is the noticed public hearing to consider the changes and amend Annexation No. 70, T6067, of CFD No. 11 to finance the Services pertaining to public improvements associated with T6067. The New Maximum Special Tax for these changes is $519.55 per lot annually for Fiscal Year 2016-2017. If approved, the recommended resolutions and ordinance will levy a new Maximum Special Tax on the properties in T6067 for identified Services. (See attached location and features map. BACKGROUND On May 19, 2016, the Council adopted Resolution No. 2016-85 annexing Final Tract Map No. 6067 as Annexation No. 70 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 T6067 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 T6067 have requested that the Council amend Annexation No. 70 of CFD No. 11 to change the types of Services by adding park amenities, change the rate and method of apportionment of the special tax, and to establish a New Maximum Special Tax. Pursuant to this request, the Council adopted Resolution No. 2016-151, declared its consideration to amend Annexation No. 70 of CFD No. 11, and set the public hearing for formal consideration. (See attached location and features map.) Resolution No. 2016-151 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 New Maximum Special Tax of $519.55 per residential lot to provide Services for Fiscal Year 2016-2017. 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 New 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 Feature Map Resolutions (3) Ordinance