HomeMy WebLinkAboutResolution - - 2003-371 - 12/2/2003 RESOLUTION NO. 2003-371
A RESOLUTION OF THE COUNCIL OF THE CITY
OF FRESNO ANNEXING TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2 AND
AUTHORIZING THE LEVY OF A SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 2
ANNEXATION NO. 58
WHEREAS, on October 28, 2003, the Council of the City of Fresno adopted its
Resolution of Intention to Annex Final Map of Tract No. 5170 to the City of Fresno,
Community Facilities District No. 2 (CFD No. 2) and to authorize the levy of special taxes
(Resolution of Intention), pursuant to the Mello-Roos Community Facilities Act of 1982,
Chapter 2.5 Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California
Government Code (Act); and
WHEREAS,the Resolution of Intention, incorporating a map of the area proposed for
annexation to the CFD No. 2, 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. 58 of CFD No. 2 to pay
for the Services with respect to Annexation No. 58 of CFD No. 2, 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 the
Act and the Resolution of Intention, concerning the annexation of territory to the CFD No. 2;
and
WHEREAS, at the hearing all interested persons desiring to be heard on the
annexation of territory to the CFD No. 2,the facilities and services to be provided therein, and
the levy of said special tax were heard; and
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Council Resolution No. 2003- 37i
Annex Territory and Levy Special Tax, CFD No. 2, Annexation No. 58
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. 2 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. 2; 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 Section 53339.6 of the
Act.
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Council Resolution No. 2003- 371
Annex Territory and Levy Special Tax, CFD No. 2, Annexation No. 58
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 with the requirements of the Act. This Council finds
and determines that the proposed annexation conforms with the goals and policies that this
Council adopted respecting the formation of CFD No. 2.
4. Boundaries Described. The boundaries of the proposed annexation, set forth
in the map of the area proposed for annexation to the CFD No. 2, recorded in the Fresno
County Recorder's Office in Book 40 at page 45 of Maps of Assessment and Community
Facilities Districts, are approved, incorporated herein by reference, and shall be the
boundaries of the CFD No. 2.
5. Services. The types of public services proposed to be financed by Annexation
No. 58 of CFD No. 2 and pursuant to the Act 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. 2 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. 2, including the
territory to be annexed,will be levied annually within the CFD No.2,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
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Council Resolution No. 2003 77
Annex Territory and Levy Special Tax, CFD No. 2, Annexation No. 58
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 officerwho
will be responsible for preparing annually a current roll of special tax levy obligations by
assessor's parcel number and who will be responsible for estimating future special tax levies
pursuant to Section 53340.2 of the Act.
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
canceled in accordance with law or until collection of the tax by the City ceases.
9. Appropriations Limit. Following Section 53325.7 of the Act, the annual
appropriations limit, as defined by subdivision(h)of Section 8 of Article XI I I B of the California
Constitution,of the proposed annexation,is hereby preliminarily established at$4,088.00 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 Section 53325.7 of the Act.
10. Election. Pursuant to the provisions of the Act, the proposition on levying the
special tax and the proposition on establishing the appropriations limit specified above shall
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Council Resolution No. 2003-371
Annex Territory and Levy Special Tax, CFD No. 2,Annexation No. 58
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 (4 pages)
Exhibit B - Rate and Method of Apportioning Special Tax (8 pages)
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Council Resolution No. 2003- 371 -
Annex Territory and Levy Special Tax, CFD No. 2,Annexation No. 58
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 2nd day of December_, 2003.
AYES: Calhoun, Castillo, Dages, Duncan, Perea, Sterling, Boyajian
NOES: None
ABSTAIN: None
ABSENT: None
REBECCA E. KLISCH
City Clerk
BY: rr /
APPRO D AS'TO FORM:
CITY AT ORNEY-,S OFFICE
Q ty
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EXHIBIT "A"
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 2
AND ANNEXATION NO. 58
Description of Services to be Financed by Community Facilities District No. 2
The services that are to be financed by Community Facilities District No. 2 shall include all
attributable costs of maintenance of the public landscaped easements along the public
streets, and the cost of the purchase, construction, expansion, improvement, rehabilitation
and maintenance of landscaping of median islands located within public streets contiguous
to those subdivisions identified on the boundary map of City of Fresno Community
Facilities District No. 2, on file with the City Clerk of the City of Fresno.
Specifically, the maintenance will consist of, but not be limited to, mowing, edging,
fertilizing, seeding,aerating,and watering grass areas; repair and replacement of irrigation
systems as necessary; staking, pruning, replacing and spraying of trees and shrubs;
removal of litter, debris, and garbage.
Maintenance costs will also include all other expenses as may be incurred by the City in
administering the Community Facilities District 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.
* Services for all subdivisions except the following:
1)Tract Nos. 4723 and 5086 have services as listed on Page A-2 of this exhibit.
2) Tract No. 5110 has services as listed on Page A-3 of this exhibit.
3) Tract Nos. 4682 and 5029 have services as listed on Page A-4 of this exhibit.
A-1
EXHIBIT &W
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 2
Description of Services to be Financed by Community Facilities District No. 2
for Final Tract Nos. 4723 and 5086
The services that are to be financed by Community Facilities District No. 2 for Final Tract
No. 4723 of Annexation No. 32, and Final Tract No. 5086 of Annexation 41, shall include
all attributable costs of maintenance of the public landscaped easements along the public
streets and the cost of the purchase, construction, expansion, improvement, rehabilitation
and maintenance of landscaping of median islands and the facilities specified in the next
paragraph that are located within street rights of way or street easements,and landscaping
easements adjacent to and within Tentative Tract No. 4723. Tract No. 4723 is that tract
so identified on the boundary map of City of Fresno Community Facilities District No. 2, on
file with the City Clerk of the City of Fresno. Tract No. 5086 is that tract so identified on
Annexation Map No. 41 of City of Fresno Community Facilities District No. 2, on file with
the City Clerk of the City of Fresno.
Specifically, the maintenance will consist of, but not be limited to, mowing, edging,
fertilizing,seeding,aerating,and watering grass areas; repairand replacement of irrigation
systems as necessary; staking, pruning, replacing and spraying of trees and shrubs;
removal of graffiti, litter, debris and garbage from the easements. Services will include the
maintenance and replacement the following facilities located within the street rights of way
or street easements:gates,decorative concrete pavement and tract entry and tract interior
street lighting. Services will include the maintenance and replacement of the decorative
columns at the exit gates and at the Belvedere Avenue entrance that are located within the
street rights of way or street easements.
Maintenance costs will also include a proportionate share all other expenses as may be
incurred by the City in administering the Community Facilities District 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.
A-2
EXHIBIT "A"
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 2
Description of Services to be Financed by Community Facilities District No. 2
for Final Tract No. 5110
The services that are to be financed by Community Facilities District No. 2 for Annexation
No. 52 (Final Tract No. 5110) shall include all attributable costs of: (a) maintaining the
public landscaped easements along,and median islands within the public streets adjacent
to Final Tract No. 5110; (b) the costs of purchasing, constructing, expanding, improving,
rehabilitating, and maintaining landscaping within median islands and within public
landscaping easements along public streets adjacent to Final Tract No. 5110; and (c) all
such costs for certain facilities specified herein within designated parkways(part of street
rights of way or street easements), or landscaping easements adjacent to and within Final
Tract No. 5110. Tract No. 5110 is that tract so identified on the boundary map of
Annexation No. 52 of City of Fresno Community Facilities District No. 2, on file with the City
Clerk of the City of Fresno.
Specifically, maintaining landscaping easements(not parkways)will consist of, but not be
limited to, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repair
and replacing irrigation systems as necessary; staking, pruning, replacing and spraying
trees and shrubs; removing graffiti, litter, debris and garbage from the easements.
Services shall also include all attributable costs of maintenance and/or replacement of the
entry decorative walls and tract interior street lighting within the designated street parkways
or landscape easements. Specifically,maintaining the tract entry decorative walls and tract
interior street lighting will consist of,but not be limited to, repair or replacing fixtures, lamps,
and electrical systems, and graffiti removal. r
Maintenance costs will also include a proportionate share all other expenses as may be
incurred by the City in administering the Community Facilities District 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.
A-3
EXHIBIT "A"
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 2
Description of Services to be Financed by Community Facilities District No. 2
for Final Tract Nos. 4682 and 5029
The services that are to be financed by Community Facilities District No. 2 for Final Tract
No. 4682(Annexation No. 49)and Final Tract No. 5029(Annexation No. 53)shall include
all costs attributable to maintaining the public landscaped easements and median islands
along and within the public streets and all areas designated or dedicated as open space
within Final Tract No. 4682 and Final Tract No. 5029. Final Tract No. 4682 is that tract so
identified on the boundary map of Annexation No. 49 of City of Fresno Community
Facilities District No. 2, on file with the City Clerk of the City of Fresno. Final Tract No.
5029 is that tract so identified on the boundary map of Annexation No. 53 and of City of
Fresno Community Facilities District No. 2, on file with the City Clerk of the City of Fresno.
Maintaining the above described landscaped areas 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 trees and shrubs;
removing graffiti, litter, debris and garbage from the landscaping and open space areas.
Maintenance costs will also include a proportionate share of all other expenses as may be
incurred by the City in administering the Community Facilities District 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.
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• •
EXHIBIT "B"
CITY OF FRESNO
Community Facilities District No. 2
Annexation No. 58
COST ESTIMATE
The estimate breaks down the costs of providing 1 year's service at the
Maximum Estimated Tax Rate for FY 03-04.
ITEM DESCRIPTION ESTIMATED COST
1 Parks Maintenance $ 3,528.00
2 Annual Administrative Costs
a. Engineering 504.00
b. Legal Services 56.00
Total $ 4,088.00
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•
EXHIBIT «B"
CITY OF FRESNO
Community Facilities District No. 2
Annexation No. 58
Subdivision Appropriations Limit
MAX. TAX NUMBER TOTAL
TRACT PER EDU OF LOTS ASSESSMENT Subdivider
5170 $73.00 56 $4,088.00 Synergy-Golden Dawn
TOTAL $4,088.00
B-2
EXHIBIT "Bly
City of Fresno
Community Facilities District No. 2
Annexation No. 58
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 April1 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.
B-3
• EXHIBIT "B" •
"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. If additional property is annexed into the CFD in future Fiscal
Years, Table 1 below shall be amended to include the Maximum Special Tax for Tracts in the
annexed property; under no circumstances shall such an annexation affect the Maximum
Special Tax for Tracts already in CFD No. 2. The Maximum Special Tax for Fiscal Year 2003-
2004 for a Residential Unit within each Tract is identified in Table 1 below:
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• EXHIBIT «1351
Table 1
Maximum Special Tax
(Fiscal Year 2003-2004)*
Tract Number** Maximum Special Tax
5170 $ 73.00 per Residential Unit
* Beginning in January 2004, the Maximum Special Tax shall be adjusted upward
annually by 2 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 2003-2004, 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
B-5
EXHIBIT B
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.
B-6
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ATTACHMENT "1" •
City of Fresno
Community Facilities District No. 2
Annexation No. 58
Excluded Parcels within Each Tract
THERE ARE NO EXCLUDED PARCELS IN ANNEXATION NO. 58