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RESOLUTION NO. 2017-185 9'�r£n CC..•s-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, OF INTENTION TO ANNEX FINAL
TRACT MAP NO. 6110 AS ANNEXATION NO. 81 TO THE
CITY OF FRESNO COMMUNITY FACILITIES DISTRICT
NO. 11 AND TO AUTHORIZE THE LEVY OF SPECIAL
TAXES
WHEREAS, the City of Fresno ("City") is a charter city and municipal corporation
duly created and existing under the Constitution and laws of the State of California; and
WHEREAS, under the City of Fresno Special Tax Financing Law, Chapter 8,
Division 1, Article 3, of the Fresno Municipal Code ("City Law"), this Council, as the
legislative body for the community facilities district and any annexation thereto, has the
authority to establish a community facilities district and annex property to the community
facilities district; and
WHEREAS, on November 15, 2005, the Council of the City of Fresno ("Council')
adopted a resolution establishing the City of Fresno Community Facilities District No. 11
("CFD No. 11"); and
WHEREAS, the original boundaries of CFD No. 11 are shown on the Boundary
Map of City of Fresno Community Facilities District No. 11, recorded November 8, 2005,
at Book 41, Page 61 of Assessment and Community Facilities Districts in the Office of
the Recorder, County of Fresno, California, a copy of which is on file in the Office of the
City Clerk of the City of Fresno ("City Clerk"); and
WHEREAS, the territory encompassing the existing CFD No. 11 is attached
hereto as Exhibit A and incorporated herein by this reference; and
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Date Adopted: 07/20/2017
Date Approved: 07/20/2017 Resolution No. 2017-185
Effective Date: 07/20/2017
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WHEREAS, the landowner of Final Tract Map No. 6110 (76110") has formally
petitioned the City to annex T6110 to CFD No. 11, and the area proposed for
annexation to CFD No. 11 is attached hereto as Exhibit B and incorporated herein by
this reference; and
WHEREAS, the types of public services provided in the existing CFD No. 11
("Services") are specified in the document attached hereto as Exhibit C, Page C-2, and
incorporated herein by this reference; and
WHEREAS, the types of Services to be provided to Annexation No. 81 (T6110)
are specified in the document attached hereto as Exhibit C, Page C-1, and incorporated
herein by this reference; and
WHEREAS, Annexation 81, T6110 is located entirely within the limits of the City
of Fresno; and
WHEREAS, CFD No. 11 and Annexation No. 81 will share costs proportionately
for Services provided by the City; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Recitals. The forgoing recitals are true and correct.
2. Proposed Annexation No. 81 Boundaries. The proposed boundaries of
Annexation No. 81 are as shown on the map (copy attached as Exhibit B) on file with
the City Clerk. The boundaries, shown in Annexation Map No. 81, for the territory
proposed to be annexed, are preliminarily approved. The City Clerk is directed to
record Annexation Map No. 81, or cause it to be recorded, in the Office of the Recorder,
Fresno County, California within ten days after the adoption date of this resolution.
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3. Services. The operation and reserves for maintenance ("Services") g"rea ops-t�'
proposed to be financed in Annexation No. 81 are listed on Page C-1 of Exhibit C,
attached hereto and incorporated herein by this reference.
4. Special Taxes. Except to the extent that funds are otherwise available to
CFD No. 11 to pay for the Services in Annexation No. 81 , a special tax sufficient to pay
the costs ("Special Tax") thereof, secured by recording a continuing lien against all
nonexempt real property in Annexation No. 81 will be levied annually within Annexation
No. 81, and collected in the same manner as ordinary ad valorem property taxes, or in
any other manner as this Council or its designee shall determine, including direct billing
of the effected property owners. The proposed rate and method of apportionment of the
Special Tax among the real property parcels within Annexation No. 81 are described in
sufficient detail for each landowner within Annexation No. 81 to estimate the maximum
amount each owner will have to pay, in Exhibit D, attached hereto and incorporated
herein by this reference.
5. District Annexation Report. The Director of Public Works Department,
as the officer having charge and control of the Services in and for CFD No. 11, or his
designee, is directed to study the proposed Services and to make, or cause to be made,
and filed with the City Clerk a report of CFD NO. 11, Annexation No. 81 ("District
Report"), in writing presenting the following:
a. A description of the Services by type required to adequately meet
the needs of CFD No. 11, Annexation No. 81.
b. An estimate of the fair and reasonable cost of the Services
including the cost of acquiring land, rights-of-way and easements, costs of any
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physical services required in conjunction therewith, and incidental expenses in u'"rFaYYYCT �'
connection therewith.
C. Describe any plan for Services that will be provided in common with
the existing district and/or any territory that may be annexed.
d. If the Special Tax levied within the territory proposed to be annexed
is higher or lower than the existing CFD No. 11, identify the extent and reasons
why the costs to provide Services in that territory are higher or lower than those
provided in the existing CFD No. 11. Specify any alteration in the special tax rate
levied within the existing CFD No. 11 because of the proposed annexation.
e. The CFD No. 11, Annexation No. 81 District Report shall be made
a part of the record of the public hearing specified below.
6. Single Ballot. The propositions to set the appropriations limit and to
approve the levy of the Special Tax shall be combined into a single ballot and submitted
to the voters pursuant to City Law.
7. Public Hearing. Thursday, August 24, 2017, at 10:00 a.m., is fixed as the
date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California,
this Council, that this legislative body for CFD No. 11, will conduct a public hearing on
the annexation of T6110 and will consider and finally determine whether the public
interest, convenience and necessity require the annexation and the levy of the Special
Tax.
8. Public Notice. The City Clerk is directed to cause notice of the public
hearing to be given by publication once in a newspaper of general circulation published
in the area of CFD No. 11. The publication shall be complete at least seven days
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before the hearing date set herein. The notice shall be in the form specified by Sectio
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53339.4 and 53322 of Chapter 2.5 of the California Government Code.
Attachments:
Exhibit A: Original Boundaries of CFD No. 11
Exhibit B: Annexation Map No. 81
Exhibit C: Description of Services
Exhibit D: Rate and Method of Apportionment of Special Tax
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STATE OF CALIFORNIA
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the 20th day of Jules. 2017.
AYES: Baines, Brandau, Bredefeld, Chavez, Soria, Olivier
NOES: None
ABSENT: Caprioglio
ABSTAIN: None
YVONNE SPENCE, CMC
City Clerk
BY:
D p ty
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Setfi IXehrten / Deputy City Attorney
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EXHIBIT C r
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CITY OF FRESNO
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Community Facilities District No. 11
Annexation No. 81
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 81 (Final Tract Map No. 6110)
The operations and reserves for the maintenance of certain required improvements
("Services") that are to be financed by Community Facilities District No. 11 ("CFD No. 11") for
Final Tract Map No. 6110, Annexation No. 81 are generally as described below.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or
replacing all ground level infrastructure (including reserves for replacement) within the public
street rights-of-way. Such facilities include, without limitation, concrete curbs and gutters,
major street median island capping, valley gutters, curb ramps and sidewalks, street lighting,
and local street paving associated with this subdivision.
Services shall include all costs attributable to street lighting services.
Maintenance costs will include a proportionate share of all other expenses that the City of
Fresno ("City") may incur in administering CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties,
or any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
successful annexation of Annexation No. 81 to CFD No. 11 and the availability of sufficient
proceeds of Special Taxes within CFD No. 11.
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EXHIBIT C p '*
CITY OF FRESNO 'I
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Community Facilities District No. 11
Formation
Description of Services currently financed by Community Facilities District No. 11
The services that are to be financed ("Services") by Community Facilities District No. 11 ("CFD
No. 11") are any and all Services defined by City of Fresno Special Tax Financing Law
(Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community
Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title
5 of the California Government Code.)
I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing all facilities, including hardscaping, in landscaped areas (may include
reserves for replacement) in public street rights-of-way, public landscape easements,
public trail areas, parkways, and other similar landscaped areas officially dedicated for
public use.
il. General maintenance will include, without limitation, mowing, edging, fertilizing,
seeding, aerating, and watering grass areas; repairing and replacing irrigation systems
as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing
and replacing paths, walkways and trails; removing litter, debris, and garbage.
II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing
and/or replacing all local ground level street infrastructure (may include reserves for
replacement) within local street rights-of-way. Such facilities may include, without
limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets,
street trees and street furniture.
III. Services may include costs attributable to police, fire, traffic control, street lighting and
recreational services.
Maintenance costs will also include a proportionate share of all other expenses that the City of
Fresno ("City") may incur in administering the CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties,
or any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the CFD No. 11.
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EXHIBIT D ,S%,j of FRS
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CITY OF FRESNO
.o�'rfOCY. ti;fin
Community Facilities District No. 11
Annexation No. 81
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year's service for FY 2017-2018 for
Final Tract Map No. 6110.
ITEM DESCRIPTION ESTIMATED COST
1 Landscape Operational Costs $0.00
2 Other Operational Costs $197.00
3 Reserve for Replacement $4,110.00
4 Incidental Expenses $2,040.00
Total $6,347.00
Subdivision Appropriation Limit
FINAL MAX. SPECIAL 1 TOTAL
TRACT TAX PER TAXABLE APPROPRIATION SUBDIVIDER
MAP RESIDENTIAL UNITS LIMIT
NO. UNIT
Fowler
6110 $46.67 136 $500,000.00 Development
Company, Inc.
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EXHIBIT D
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City of Fresno ° 2.4
Community Facilities District No. 11
Annexation No. 81
Rate and Method of Apportionment of Special Tax
A Special Tax applicable to each assessor's parcel in Community Facilities District No.
11 ("CFD No. 11") shall be levied and collected according to the tax liability determined
by the City Council of the City of Fresno, through the application of the appropriate
amount or rate for taxable property, as described below. All of the property in CFD No.
11, unless exempted by law or by the provisions of Section E below, shall be taxed for
the purposes, to the extent, and in the manner herein provided, including property
subsequently annexed to CFD No. 11 unless a separate Rate and Method of
Apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an assessor's parcel
map with an assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
of Fresno designating parcels by assessor's parcel number.
"City" means the City of Fresno.
"City Law" means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1,
Article 3, of the Fresno Municipal Code.
"Council" means the City Council of the City of Fresno, acting as the legislative body of
CFD No. 11.
"Developable Lot" means a lot that is anticipated development of residential or non-
residential uses, and which is not an outlot, remainder parcel or other parcel which is
not intended to be developed or which must be further subdivided before being
developed.
"Excluded Parcels" means those assessor's parcels identified as ineligible for
inclusion in CFD No. 11 as shown in "Attachment 1" of this Rate and Method of
Apportionment of Special Tax.
"Final Map" means a final map, or portion thereof, approved by the Council of the City
of Fresno pursuant to the Subdivision Map Act (California Government Code Section
66410 et seq.) that creates individual developable lots for which building permits may be
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EXHIBIT D
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issued. The term "Final Map" shall not include any assessor's parcel map or
subdivision map or portion thereof that does not create individual developable lots for
which a building permit may be issued, including assessor's parcels that are designated
as remainder parcels.
"Fiscal Year" means the period starting April 1 and ending on the following March 31.
"Maximum Special Tax" means the maximum special tax, determined in accordance
with Section C, which can be levied in any Fiscal Year.
"Proportionately" means, in any fiscal year, that the ratio of the actual Special Tax to
the Maximum Special Tax is equal for all assessor's parcels in CFD No. 11.
"Public Property" means any property within the boundaries of CFD No. 11 that is
owned by the federal government, the State of California or other local governments or
public agencies.
"Reserve for Replacement" means a reasonable reserve pursuant to Fresno
Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for
public facilities under Government Code Section 53321(d).
"Residential Unit" means a residential dwelling unit and shall include single-family
unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and
individual apartment units in a multi-family building. For purposes of the levy of special
taxes pursuant to Section C below, "Residential Units" shall include dwelling units
already built on taxable property in CFD No. 11, as well as dwelling units planned, but
not yet built, when the special tax is levied each fiscal year.
"Shared Services" means the costs of services are paid equally by the property
owners of two or more subdivisions.
"Special Tax" means any special tax to be levied each fiscal year on assessor's
parcels of taxable property to fund the Special Tax Requirement as defined below.
"Special Tax Requirement" means the amount necessary in any fiscal year to (i) pay
authorized maintenance and improvement expenses, (ii) pay administrative expenses of
CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in
prior fiscal years or (based on delinquencies in the payment of special taxes which have
already taken place) are expected to occur in the fiscal year in which the tax will be
collected.
"Subdivision" means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or
financing whether immediate or future. Property shall be considered as contiguous
units, even if it is separated by roads, streets, utility easement or railroad rights-of-way.
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EXHIBIT D
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"Subdivision" includes a condominium project, as defined in Section 1351 of the Civil
osti•
Code, a community apartment project, as defined in Section 1351 of the Civil Code.
"Taxable Property" means all of the assessor's parcels within the boundaries of CFD
No. 11 which are not exempt from the special tax pursuant to law or Section E below.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each fiscal year, the City of Fresno ("City") or its designee shall determine
how many residential units are built, or allowed to be built, on assessor's parcels within
CFD No. 11. For parcels of undeveloped property zoned for development of single-
family units attached, the number of residential units shall be determined by referencing
the condominium plan, apartment plan site plan or other development plan, or by
assigning the maximum allowable units permitted based on the underlying zoning for
the parcel. Once a single-family attached building or buildings have been built on an
assessor's parcel, the City or its designee shall determine the actual number of
residential units contained within the building or buildings, and the special tax levied
against the parcel in the next fiscal year shall be calculated by dividing the Special Tax
Requirement by the actual number of residential units not to exceed the Maximum
Special Tax per residential unit identified for the final map in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax (MST) applicable to each assessor's parcel in CFD No. 11
shall be specific to each final map within CFD No. 11. When additional property is
annexed to CFD No. 11, the rate and method adopted for the annexed property shall
reflect the MST for the final map or final maps then annexed. The Maximum Special
Tax for Fiscal Year 2017-2018 for a residential unit within Final Tract Map No. 6110 is
identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2017-2018)*
Final Tract Map Number** Maximum Special Tax
6110 $46.67 per Residential Unit
*Beginning in January of each year, the MST shall be adjusted upward
annually by 3% plus the rise, if any, in the Construction Cost Index (CCI) for
the San Francisco Region for the prior 12-month period (December through
December) as published in the Engineering News Record, or published in a
comparable index if the Engineering News Record is discontinued or
otherwise not available. Each annual adjustment of the MST shall become
effective on the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified final map
except excluded parcels as identified in Attachment 1.
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D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX }
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Commencing with Fiscal Year 2017-2018, the Special Tax shall be levied on all taxable
parcels as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A
above) for the fiscal year in which the Special Tax will be collected;
Step 2: Calculate the total special tax revenues that could be collected from
taxable property within CFD No. 11 based on applying the Maximum
Special Tax rates determined pursuant to Section C above to the
number of residential units on each parcel of taxable property in CFD
No. 11;
If the amount determined in Step 1 is greater than or equal to the
amount calculated in Step 2, levy the Maximum Special Tax set forth
in Table 1 above on all parcels of taxable property in CFD No. 11;
If the amount determined in Step 1 is less than the amount calculated
in Step 2, levy the Special Tax proportionately against all parcels of
taxable property up to 100% of the Maximum Special Tax for each
subdivision as identified in Table 1, until the amount of the Special
Tax levy equals the Special Tax Requirement for that fiscal year.
The Special Tax for CFD No. 11 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may
(under the authority of Government Code 53340), in any particular case, bill the taxes
directly to the property owner off of the County of Fresno tax roil, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of
Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a
public agency, except as otherwise provided in City Law. In addition, no Special Tax
shall be levied on excluded parcels or parcels that are determined not to be developable
lots.
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EXHIBIT D
ATTACHMENT 161"
City of Fresno
Community Facilities District No. 11
Annexation 81
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS IN
FINAL TRACT MAP NO. 6110
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