HomeMy WebLinkAboutResolution - - 2011-098 - 5/26/2011RESOLUTION NO. 2011 - 98
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT
reu nc'y
NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 11
ANNEXATION NO. 42
WHEREAS, on April 28, 2011, the Council of the City of Fresno adopted its Resolution
of Intention to Annex Final Map of Tract No. 5977 to the City of Fresno, Community Facilities
District No. 11 (CFD No. 11) and to authorize the levy of special taxes (Resolution of
Intention), pursuant to the City of Fresno Special Tax Financing Law (City Law), Chapter 8,
Division 1, Article 3, of the Fresno Municipal Code; and
WHEREAS, the Resolution of Intention, incorporating a map of the area proposed for
annexation to the CFD No. 11, and stating the Services (as hereafter defined) to be provided,
the estimated maximum cost of providing such Services, and the rate and method of
apportionment of the special tax to be levied within Annexation No. 42 of CFD No. 11 to pay
for the Services with respect to Annexation No. 42 of CFD No. 11, is on file with the City
Clerk, and the provisions thereof are incorporated herein by this reference as if fully set forth
herein; and
WHEREAS, on this date, this Council held a noticed public hearing, as required by City
Law and the Resolution of Intention, concerning the annexation of territory to the CFD No. 11;
and
WHEREAS, at the hearing all interested persons desiring to be heard on the
annexation of territory to the CFD No. 11, the facilities and services to be provided therein,
and the levy of said special tax were heard; and
WHEREAS, at the hearing evidence was presented to this Council on the proposed
annexation before it, including a report by the Public Works Director (District Report) as to the
>46Pted
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Council Resolution pF FP
Annex Territory and Levy Special Tax, CFD No. 11, Annexation No. 42 �`y FS�0
Page 2 of 5
services to be provided through the CFD No. 11 and the costs thereof, and a copy of the
District Report is on file with the City Clerk; and
WHEREAS, the City Clerk did not receive written protests respecting the proposed
annexation, the specified types of services to be furnished therein, or the rate and method of
apportionment of the special taxes therein, from at least 50 percent of the registered voters
residing within the territory proposed to be annexed, or from property owners (not exempt
from the special tax) owning at least one-half the land area proposed to be annexed to the
CFD No. 11; and
WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay
for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated
through protest of at least 50 percent of the registered voters residing within the territory
proposed for annexation, or through protest of the landowners, not exempt from the special
tax, owning at least one-half of the land area within the proposed annexation.
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. No Majority Protest. The proposed special tax to be levied within the proposed
annexation has not been precluded by majority protest pursuant to City Law.
3. Prior Proceedings. The Council duly considered all prior proceedings for the
proposed annexation, and the levy of the special tax therein, and finds and determines that
the proceedings are valid and conform to the requirements of City Law. This Council finds
and determines that the proposed annexation conforms to the goals and policies that this
Council adopted respecting the formation of CFD No. 11.
' TE'
Council Resolution
Annex Territory and Levy Special Tax, CFD No. 11, Annexation No. 42
Page 3 of 5 o90 Sy'
4. Boundaries Described. The boundaries of the proposed annexation, set forth in
the map of the area proposed for annexation to the CFD No. 11, recorded in the Fresno
County Recorder's Office in Book 43 at page 44 of Maps of Assessment and Community
Facilities Districts, are approved, incorporated herein by reference, and shall be the
boundaries of the CFD No. 11.
5. Services. The types of public services proposed to be financed by Annexation
No. 42 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of
Exhibit A in the report on file with the City Clerk (the "Services"). A copy of the Exhibit is
attached and by this reference incorporated herein.
6. Special Taxes. Except to the extent that funds are otherwise available to the
CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured
by a continuing lien against all nonexempt real property in the CFD No. 11, including the
territory to be annexed, will be levied annually within the CFD No. 11, 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 apportioning the special tax among the real property parcels
within the territory of the proposed annexation, in sufficient detail to allow each landowner
within the territory of the proposed annexation to estimate the probable maximum amount
such owner must pay, are described in the report on file with the City Clerk and on attached
Exhibit B that is by this reference incorporated herein.
7. Tax Collection Authority. The Public Works Director of the City of Fresno, 2600
Fresno Street, Fresno, California 93721 telephone number (559) 621-8650 is the officer who
will be responsible for preparing annually a current roll of special tax levy obligations by
Council Resolution
Annex Territory and Levy Special Tax, CFD No. 11, Annexation No. 42
Page 4of5
assessor, s parcel number and who will be responsible for estimating future special tax levie,
pursuant to City Law.
8. Tax Lien. Upon recording a notice of special tax lien, pursuant to Section
3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of
the special tax shall attach to all nonexempt real property in the proposed annexation area.
This lien shall continue in force and effect until the special tax obligation ceases and the lien
is canceled in accordance with law or until collection of the tax by the City ceases.
9. Appropriations Limit. Following City Law, the annual appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the
proposed annexation, is hereby preliminarily established at $500,000.00 and said
appropriations limit shall be submitted to the voters of the proposed annexation as hereafter
provided. The proposition establishing said annual appropriations limit shall become effective
if approved by the qualified electors voting thereon and shall be adjusted according to the
applicable provisions of City Law.
10. Election. Pursuant to the provisions of City Law, the proposition on levying the
special tax and the proposition on establishing the appropriations limit specified above shall
be submitted to the qualified electors of the proposed annexation at an election the time,
place and conditions of which election shall be as specified by a separate resolution of this
Council.
11. Effective Date. This Resolution shall take effect upon its adoption.
Attachments.,
Exhibit A - Description of Services
Exhibit B - Rate and Method of Apportioning Special Tax
Council Resolution
Annex Territory and Levy Special Tax, CFD No. 11, Annexation No. 42
Page 5of5
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 26th day of May 2011.
AYES: Baines, Olivier, Quintero, Westerlund, Xiong, Brand
NOES: None
ABSTAIN: gone
ABSENT: Borgeas
REBECCA E. KLISCH
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: -� -
Mark Gleason, Deputy
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EXHIBIT "A" j// 17
CITY OF FRESNO
Community Facilities District No. 11
Annexation No. 42
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 42 (Tract 5977)
The Services that are to be financed for Annexation No. 42 (Final Tract No. 5977) by Community
Facilities District No. 11 ("CFD No. 11 ") will include all costs attributable to maintaining, servicing,
cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in
public street right-of-ways, public landscaping, public open spaces and other similar landscaped
areas officially dedicated for public use.
General maintenance will include, without limitation, repairing and replacing irrigation systems as
necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris,
and garbage.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or
replacing certain facilities (which may include reserves for replacement) within public street rights-
of-way, and open spaces. Such facilities include, without limitation, local street concrete curbs
and gutters, curbs, valley gutters, hardscaping, sidewalks, street signage, and street lighting
associated with the subdivision. Such facilities also include, without limitation, all hardscaping,
decorative walls and pilasters, arbors and decorative signage associated with the subdivision.
Services shall include all costs attributable to local street lighting services.
Maintenance costs will include a proportionate share of all other expenses that the City may incur
in administering the CFD No. 11.
All 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.
Nothing in this Exhibit or any other exhibit or provision of the 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 formation of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the district.
Notwithstanding any other provision herein, this Exhibit does not include Services beyond the
scope of services that are to be financed by Community Facilities District No. 11, as provided in
Exhibit A to Resolution 2005-490, adopted by the Council of the City of Fresno November 15,
2005.
A-1
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EXHIBIT "A"
CITY OF FRESNO
Community Facilities District No. 11
Formation
Description of Services currently finances! by Community Facilities District No. 11
The services (the "Services") that are to be financed 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.)
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.
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.
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.
Ill. 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 may
incur in administering the CFD No. 11.
All 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.
Nothing in this Exhibit B 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 formation of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the District.
A-2
EXHIBIT B
CITY OF FRESNO R*TF6
Community Facilities District No. 11
Annexation No. 42
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year's service for FY 2011-2012
ITEM DESCRIPTION ESTIMATED COST
1 Landscape Maintenance $41,450.25
2 Feature Maintenance $2,049.75
3 Annual Administrative Costs
a. Engineering $1,013.00
b. Legal $112.00
Total $44,625.00
Subdivision Appropriation Limit
TRACT
MAX. TAX
PER EDU
NUMBER
OF LOTS
APPROPRIATION
LIMIT
SUBDIVIDER
5977
$595.00
75
$500,000.00
BN Hudson Ranch L.P.
B-1
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EXHIBIT B,aW �!
City of Fresno r�D00.�ry.
Community Facilities District No. 11
Annexation No. 42
Rate and Method of Apportionment of Special Tax
A special tax applicable to each Assessor's Parcel in Community Facilities District No. 11 (herein "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, within any Final Map approved in the CFD, 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 the CFD as
shown in "Attachment V of this Rate and Method of Apportionment of Special Tax.
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EXHIBIT B
S�i.oa
A Y.
"Final Map" means a final map, or portion thereof, approved by the Council pursuant to the Subdivisio €area or"
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.
"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. 11 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.
"Shared Services" means the costs of services are paid equally by the property owners of two or more
subdivision.
"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.
"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.
"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
EXHIBIT B
on an Assessor's Parcel, the City or its designee shall determine the actual number of Residential Uni R'TFo opt
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.
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EXHIBIT B
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C. MAXIMUM SPECIAL TAX qAr_ opt,
The Maximum Special Tax applicable to each Assessor's Parcel in CFD No. 11 shall be specific to each
tract within the CFD. When additional property is annexed into CFD No. 11, 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 2011-2012 for a Residential Unit within Tract 5869
is identified in Table 1 below:
Table 1 Maximum Special Tax(Fiscal Year 2011-2012)*
Tract Number**
Maximum Special Tax
5977
$ 595.00 per Residential Unit
* Beginning in January 2012 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 2011-2012, 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.
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EXHIBIT B
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 the City
Law), 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 City Law. In addition, no Special Tax shall be levied on Excluded Parcels or Parcels that are
determined not to be Developable Lots.
EXHIBIT B
ATTACHMENT "'i"
City of Fresno
Community Facilities District No. 11
Annexation 42
Excluded Parcels within Each Tract
THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 5977