HomeMy WebLinkAboutResolution - - 2019-170 - 8/22/2019RESOLUTION NO. 2019-170
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO ANNEX TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 11 AND
AUTHORIZING THE LEVY OF A SPECIAL TAX FOR
ANNEXATION NO. 104
WHEREAS, on July 25, 2019, the Council of the City of Fresno ("Council")
adopted Council Resolution No. 2019-143 to Annex Final Tract Map No. 6211 to the
City of Fresno, Community Facilities District No. 11 ("CFD No. 11 ") and to Authorize the
Levy of Special Taxes, pursuant to the City of Fresno Special Tax Financing Law,
Chapter 8, Division 1, Article 3, of the Fresno Municipal Code ("City Law"); and
WHEREAS, Council Resolution No. 2019-143, incorporating a map of the area
proposed for annexation to 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. 104
of CFD No. 11 to pay for the Services with respect to Annexation No. 104 of CFD No.
11, is on file with the City Clerk of the City of Fresno ("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 Council Resolution No. 2019-143, 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
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Date Adopted: 08/22/2019
Date Approved: 08/28/2019
Effective Date: 08/28/2019
Resolution No. 2019-170
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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 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 or designee did not receive written protests with
respect to 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 fifty percent (50%) of the registered voters residing within the territory proposed to
be annexed, or from property owners not exempt from the special tax and owning at
least one-half (%2) of the area of land within the proposed annexation; 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 fifty percent (50%) or more of the registered
voters residing within the territory proposed for annexation, or through protests of
landowners not exempt from the special tax and owning at least one-half ('/2) of the area
of land 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.
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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.
4. Boundaries Described. The boundaries of the proposed annexation, set
forth in the map of the area proposed for annexation to CFD No. 11, recorded in the
Fresno County Recorder's Office in Book 45 at page 80 of Maps of Assessment and
Community Facilities Districts, are approved, incorporated herein by reference, and
shall be the boundaries of the Annexation No. 104.
5. Services. The types of public services proposed to be financed by
Annexation No. 104 of CFD No. 11 and pursuant to City Law are those listed as
services on page A-1 of Exhibit A in the District Report on file with the City Clerk (the
"Services"). A copy of which is attached as Exhibit A and incorporated herein by this
reference.
6. Special Taxes. Except to the extent that funds are otherwise available to
CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof,
secured by a continuing lien against all non-exempt real property in CFD No. 11,
including the territory to be annexed, will be levied annually within 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 of 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
District Report on file with the City Clerk and attached hereto as Exhibit B and
incorporated herein by this reference.
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7. Tax Collection Authority. The Public Works Director of the City of
Fresno or his designee, 2600 Fresno Street, Fresno, California 93721 telephone
number (559) 621-1492 is the officer who will be responsible for preparing annually a
current roll of special tax levy obligations by assessor's parcel number and estimating
future special tax levies pursuant to City Law.
8. Tax Lien. Upon recordation of 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 non-exempt 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 of Fresno ceases.
9. Appropriations Limit. In accordance with 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 in accordance with the applicable provisions of City Law.
10. Election. Pursuant to the provisions of City Law, the levy of the special
tax and the proposition to establish 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:
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Exhibit A - Description of Services
Exhibit B - Rate and Method of Apportioning of Special Tax
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 22"d day of _ August , 2019
AYES : Arias, Bredefeld, Chavez, Karbassi, Soria, Caprioglio
NOES : None
ABSENT: Esparza
ABSTAIN: None
Mayor Approval: August 281" , 2019
Mayor Approval/No Return: N/A 2019
Mayor Veto: N/A , 2019
Council Override Vote _ _ N/A .2019
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
J hn astr / OeputyiCity Attorney
YVONNE SPENCE, MMC CRM
City Clerk
BY:
Deputy
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August 23, 2019
TO: MAYOR LEE BRAND
FROM YVONNE SPENCE, MMC
City Clerk
Council Adoption: 8/22/19
Mayor Approval:
Mayor Veto:
Override Request:
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the City Council meeting of 8/22/19, Council adopted the attached Resolution No.
2019-170, entitled to Annex Territory to Community Facilities District No. 11. Item
No. 10:00 AM #1 (1), File ID19-11130, by the following vote:
Ayes Arias, Bredefeld, Caprioglio, Chavez, Esparza, Karbassi and Soria
Noes None
Absent None i SPAAZi4 3C
Recused None
Please indicate either your formal approval or veto by completing the following sections
and executing and dating your action. Please file the completed memo with the Clerk's
office on or before September 3, 2019. In computing the ten day period required by
Charter, the first day has been excluded and the tenth day has been included unless the
10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded.
Failure to file this memo with the Clerk's office within the required time limit shall
constitute approval of the ordinance, resolution or action, and it shall take effect without
the Mayor's signed approval
PPR VE NO RETURN:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Lee Brand,
COUNCIL OVERRIDE ACTION:
Ayes
Noes
Absent
Abstain
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EXHIBIT A
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Community Facilities District No. 11
Annexation No. 104
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 104 (Final Tract Map No. 6211)
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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. 6211, Annexation No. 104 are generally as described below.
The Services will include all costs (including reserves for replacement) attributable to
maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in
public street rights -of -way, public landscape easements, 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 all ground level infrastructure (including reserves for replacement) within public
easements and open spaces. Such facilities include, without limitation, concrete curbs and
gutters, valley gutters, curb ramps and sidewalks, street name signage, 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. 104 to CFD No. 11 and the availability of sufficient
proceeds of Special Taxes within CFD No. 11.
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EXHIBIT A
CITY OF FRESNO
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.)
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.
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 B
CITY OF FRESNO
Community Facilities District No. 11
Annexation No. 104
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year's service for FY 2019-2020 for
Final Tract Map No. 6211.
ITEM DESCRIPTION
1 Landscape Operational Costs
2 Other Operational Costs
3 Reserve for Replacement
4 Incidental Expenses
ESTIMATED COST
Total
Subdivision Subdivision Appropriation Limit
FINAL MAX. SPECIAL
TRACT
TAX PER
MAP
RESIDENTIAL
NO,
UNIT
I '
6211
$588.75
I
TOTAL APPROPRIATION
TAXABLE LIMIT
UNITS
8 $500, 000.00
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$2,271.00
$119.00
$2,200.00
$120.00
$4,710.00
SUBDIVIDER
Old California Inc.
EXHIBIT B
City of Fresno
Community Facilities District No. 11
Annexation No. 104
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 B
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 B
"Subdivision" includes a condominium project, as defined in Section 1351 of the Civil
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 2019-2020 for a residential unit within Final Tract Map No. 6211 is
identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2019-2020)*
Final Tract Map Number** I Maximum Special Tax
6211 1 $588.75 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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EXHIBIT B
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2019-2020, 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 roll, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
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 B
ATTACHMENT 41
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City of Fresno
Community Facilities District No. 11
Annexation 104
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS IN
FINAL TRACT MAP NO.62114
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