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HomeMy WebLinkAboutResolution - - 2006-004 - 1/10/2006 • ti RESOLUTION NO. 2006 - 4 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO OF INTENTION TO ANNEX TRACT NO. 5517 AS ANNEXATION NO.112 TO THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 2 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES WHEREAS, the City is a charter city and municipal corporation duly created and existing under the Constitution and laws of the State of California; and WHEREAS, underthe Mello-Roos Community Facilities Act of 1982, as amended, California Government Code, Title 5, Part 1, Chapter 2.5, beginning with Section 53311, (the "Act"), this Council, as the legislative body for the community facilities district and any annexations thereto, has the authority to establish a community facilities district and annex property to the district; and WHEREAS, July 22, 1997 the Council of the City of Fresno ("Council') adopted a resolution establishing the City of Fresno Community Facilities District No. 2 (CFD No. 2); and WHEREAS, the boundaries of CFD No. 2 are shown on the Amended Boundary Map of City of Fresno Community Facilities District No. 2, recorded August 27, 2002, at Book 39, Pages 90 through 94 of Assessment and Community Facilities Districts in the Office of the Recorder, County of Fresno, California, and all subsequent annexation maps showing territory annexed to CFD No. 2 that have been recorded in the Office of the Recorder, copies of which are on file in the Office of the City Clerk, and all of which are incorporated herein by reference; and WHEREAS, the landowner of Final Tract No. 5517 has formally petitioned the City to annex Final Tract No. 5517 to the CFD No. 2, and the area proposed for annexation to CFD No. 2 is shown on shown on Exhibit "A," attached and incorporated herein by 1 E:\wp\cfd2\annex112\Reso Intention\intention.reso Council Resolution No. 2006- 4 "JAI�l�Intention to Annex Tract No. 5517 to CFD No. 2 reference; and WHEREAS, the types of public services provided in the existing CFD No. 2 (the "Services")are specified on Page B-2 of attached Exhibit"B,"which is incorporated herein by reference; and WHEREAS,the types of public services to be provided to Annexation112(Tract No. 5517) are specified on Page B-1 of Exhibit "B"; and WHEREAS, CFD No. 2 and Annexation112 (Tract No. 5517) will share costs proportionately for Services provided by the City; and WHEREAS, Annexation 112 is part of a larger area represented by Vesting Tentative Map No. 5189 ("Tentative Map"), and will share certain specified features in common with all areas within the Tentative Map; and WHEREAS, other Final Tracts may be annexed to CFD No. 2 that are within the Tentative Map, and the taxable property within Annexation 112 and the taxable property within the other annexed Final Tracts will share the costs of services provided by CFD No. 2 to maintain or replace shared specified features within such annexed territory. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF FRESNO AS FOLLOWS: 1. Recitals. The foregoing recitals are true and correct. 2. Proposed Annexation No.112 Boundaries. The proposed boundaries of Annexation No.112 are as shown on the map (copy attached as Exhibit A) on file with the City Clerk. The boundaries, shown in Annexation Map No.112, for the territory proposed to be annexed, are preliminarily approved. The Clerk is directed to record Annexation Map No.112, 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. 2 Council Resolution No. 2006- 4 '' { Intention to Annex Tract No. 5517 to CFD No. 2 3. Services. The Services proposed to be financed in Annexation No. 112 (Tract No. 5517) are listed in Exhibit "B", Page B-1, attached hereto. 4. Special Taxes. Except to the extent that funds are otherwise available to the CFD No. 2 to pay for the Services in Annexation No.112, a special tax (Special Tax) sufficient to pay the costs thereof, secured by recording a continuing lien against all nonexempt real property in Annexation No.112, will be levied annually within Annexation No.112, 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 affected property owners. The proposed rate and method of apportionment of the Special Tax among the real property parcels within Annexation No.112, in sufficient detail for each landowner within Annexation No.112 to estimate the maximum amount each owner will have to pay, are described in attached Exhibit "C," which is by this reference incorporated herein. 5. District Annexation Report. The Director of the Public Works Department, as the officer having charge and control of the Services in and for CFD No. 2, or his designee, is directed to study the proposed Services and to make, or cause to be made, and filed with the Clerk a report (District Report) in writing presenting the following: a. A description of the Services by type required to adequately meet the needs of CFD No. 2, Annexation No.112. 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 physical services required in conjunction therewith, and incidental expenses in connection therewith. 3 Council Resolution No. 2006- 4 - 4+ Intention to Annex Tract No. 5517 to CFD No. 2 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. 2, 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. 2. Specify any alteration in the special tax rate levied within the existing community facilities district because of the proposed annexation. The CFD No. 2, Annexation No.112 Report shall be made a part of the record of the public hearing specified below. 6. 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 Government Code Sections 53325.7, 53326, and 53353.5. 7. Tuesday, February 14, 2006 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. 2, will conduct a public hearing regarding the annexation of Tract No. 5517 and will consider and finally determine whether the public interest, convenience and necessity require the annexation and the levy of the Special Tax. 8. 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. 2. The publication shall be complete at least seven days before the hearing date set herein. The notice shall be in the form specified in Government Code Section 53339.4 and 53322. 4 E:\wp\cfd2\annex112\Reso Intention\intention.reso e Council Resolution No. 2006- 4 Intention to Annex Tract No. 5517 to CFD No. 2 Attachments: Exhibit A: Annexation Map No.112 Exhibit B: Description of Services Exhibit C: Rate and Method of Appropriation CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the loth day of January , 2006 AYES: Boyajian, Calhoun, Dages, Perea, sterling, Westerlund, Duncan NOES: None ABSTAIN: None ABSENT: None REBECCA E. KLISCH City Clerk BY: ffl,ix-�2ao APPROVED AS TO FORM: City Attorney's Office BY:_ I Deputy 5 r \| d Q (n ( . o § L 6 • rm z - rm $ 2Sa k ( z x $ LL ■B � ]| e » o o • z � : < r o ( § E § ® % � 0 Cq z � � k \ § � � z 0 \ b ) § ) / � E )( § � � k § � 0 ` u~} k/ § of / § /k § k � / ) U. / § E ) ) Z U.0 2a O ) k § k \M M§ » wo -0ozz � W- o 2ww ' o � � E « uo � g ( « � � o = � § a |§6& o u = » o o w u E « u w 0 z Z: LLJ _ � w = ELuu � _ � z2o 0 � z � � 21§� ■ [ � =u W= LL ° ° < = 0 % � ok zoo 22 ;b o � � 0 ® ww � � � �o � « � � o ko §z = o � o E � � � » � � o « It u � u ZD ie < • � uzzaMr • It L cnoCLUjU- 0 � ■ � [ -!° § � § L) uiU § � � z § j k ) § � he z LU �� � § e § < w o m w @ n e o * R o o _ « (n z = o � wo � 0 00 o U- u Ito � _ ■ oo « U, o it co wuU « m « u cc to � .., . � � �. z – ---- w� ■ ' cCA | I Qo■�Lu nry ma 66 99 L6§ 00§* �j66o$bU. I z��� �U0 LG aF- U © | � n�kz z ��w-- 0§§k� 2 0 I : -. _ Ly r FOL) =o ZL6mz kM kcc kms/ Eo cLU cicEf §R — <ZF- �� Sz �Og�z �0�§a 22_Q■ 6W 0 66§9 Q«■ EM | $ ■| � EXHIBIT "B" ". CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 2 ANNEXATION NO. 112 Description of Services to be Financed by Community Facilities District No. 2 for Annexation No. 112 (Final Tract No. 5517) The services that are to be financed by Community Facilities District No. 2 ("CFD No. 2") in Annexation No. 112 will include all costs of maintaining the landscaped areas in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. Landscape 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; removing litter, debris, and garbage. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 2. All of the above services shall be provided by the City of Fresno, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Fresno. B-1 t ■ NV EXHIBIT "B" :•Y�" 1�� CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 2 Description of Services currently financed by Community Facilities District No. 2 The services that are currently financed by Community Facilities District No. 2 ("CFD No. 2:) include costs of maintaining the landscaped areas in public landscape easements, public street rights-of-way (e.g., medians and parkways), public open spaces, public trail areas, and other similar landscaped areas officially dedicated for public use within those subdivisions identified on the boundary map and annexation maps of City of Fresno Community Facilities District No. 2, on file with the City Clerk of the City of Fresno. Specifically, general maintenance of the above-described landscaped areas includes, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying trees and shrubs; removing litter, debris, and garbage. In addition, Services within some tracts in CFD No. 2, include all costs of cleaning, maintaining, repairing and/or replacing (may include reserves for replacement) certain facilities located within public street rights-of-way, street easements, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use: entry and exit gates, decorative entry wing walls and pilasters, decorative columns, decorative concrete pavement and tract entry and tract interior street lighting. Maintenance costs also include a proportionate share all other expenses that the City incurs in administering CFD No. 2. All of the above services shall be provided by the City of Fresno, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Fresno. B-2 .w 5- EXHIBIT CITY OF FRESNO Community Facilities District No. 2 Annexation No. 112 Cost Estimate The estimate breaks down the costs of providing 1 year's service for FY 05-06 ITEM DESCRIPTION ESTIMATED COST 1 Maintenance $ 38,844.00 2 Annual Administrative Costs a. Engineering 1,053.00 b. Legal Services 117.00 Total $ 40,014.00 Subdivision Appropriations Limit MAX. TAX NUMBER TOTAL TRACT PER EDU OF LOTS ASSESSMENT Subdivider 5517 $342.00 117 $80,028.00 McMillan Homes C-1 y+�F rd4 . 11 EXHIBIT it C a�rem cri. City of Fresno Community Facilities District No. 2 Annexation No. 112 Rate and Method of Apportionment of Special Tax A special tax applicable to each Assessor's Parcel in Community Facilities District No. 2 (herein "CFD No. 2") 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. 2, 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. 2 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. "Council" means the City Council of the City of Fresno, acting as the legislative body of CFD No. 2. "Developable Lot" means, within any Final Map approved in the CFD, a lot that is anticipated for 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 the CFD 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 pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)that creates individual Developable Lots for which building permits may be 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, that can be levied in any Fiscal Year. C-2 D:\wp\cfd2\annex112\Reso Intention\intention.rate.method.exhib-C EXHIBIT "C" "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 the CFD. "Public Property" means any property within the boundaries of the CFD No. 2 that is owned by the federal government, State of California or other local governments or public agencies. "Residential Unit" means a residential dwelling unit and shall include single family 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 the CFD, as well as dwelling units planned, but not yet built, when the Special Tax is levied each Fiscal Year. "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. 2, 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. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2 which are not exempt from the Special Tax pursuant to law or Section E below. "Tract" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each Fiscal Year, the City or its designee shall determine how many Residential Units are built, or allowed to be built, on Assessor's Parcels within the CFD. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, 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 or multi-family 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 multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax applicable to each Assessor's Parcel in CFD No. 2 shall be specific to each Tract within the CFD. When additional property is annexed into CFD No. 2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax for the Tract or Tracts then annexed. The Maximum Special Tax for Fiscal Year 2005-2006 for a Residential Unit within Tract 5517 is identified in Table 1 below: C-3 EXHIBIT "C" Table 1 Maximum Special Tax (Fiscal Year 2005-2006)* Tract Number** Maximum Special Tax 5517 $ 342.00 per Residential Unit * Beginning in January 2006 the Maximum Special Tax shall be adjusted upward annually by 3 percent plus any increase in the construction cost index for the San Francisco Region for the prior 12-month period 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 Maximum Special Tax shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified Tract except Excluded parcels as identified in Attachment 1. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2005-2006, the Special Tax shall be levied on all Parcels of Taxable Property 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 the CFD 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 the CFD; 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 the CFD. 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 Tract 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. 2 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2 may(under the authority of government Code Section 53340), in any particular case, bill the taxes directly to the property owner off the County tax roll, 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 Sections 53317.3 and 53317.5 of the Act. In addition, no Special Tax shall be levied on Excluded Parcels or Parcels that are determined not to be Developable Lots. C-4 ATTACHMENT "1" City of Fresno Community Facilities District No. 2 Annexation No.112 Excluded Parcels within Each Tract THERE ARE NO EXCLUDED PARCELS IN ANNEXATION NO. 112 C-5