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HomeMy WebLinkAbout2023-06-05 Council Agenda Special Meeting PacketMonday, June 5, 2023 10:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers (In Person and/or Electronic) City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Meeting Agenda - Final Special Meeting 06/05/2023 MA/NE 7-0 AS AMENDED June 5, 2023City Council Meeting Agenda - Final THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur in one of the two following ways: 1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721 a) To speak during a City Council meeting in person: fill out a speaker card (available in the Council Chamber) and place it in the speaker card collection basket at the front of the Council Chamber. You may also approach the speaker podium upon the Council President’s call for public comment. 2) Participate Remotely via Zoom: https://fresno-gov.zoom.us/webinar/register/WN_NnE0fgzKQqyTGEOJptuz5g a) The above link will allow you to register in advance for remote participation in the meeting via the Zoom platform. After registering, you will receive a confirmation email containing additional details about joining the meeting. b) To speak during a City Council meeting while attending remotely: while in the Zoom application, click on the icon labeled “Participants” at the bottom of the screen. Then select “RaiseHand” at the bottom of the Participants window. Your digital hand will now be raised. You will be asked to “unmute” when your name is called to speak. You will not be visible via video and there will be no opportunity to share your screen. All public speakers will have up to 3 minutes to address Council pursuant to Rule No. 10 of the Rules of Procedure for the City Council of the City of Fresno (available in the City Clerk’s Office). SUBMIT DOCUMENTS / WRITTEN COMMENTS - Pursuant to Rule 11 (c) of the Rules of Procedure, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard. Documents / written comments related to an agenda item can be submitted by one of the following methods: 1) eComment – eComment allows the public to submit agenda related comments through a website prior to the meeting. Submitted comments are limited to 1440 characters and will be a part of the official record. Page 2 City of Fresno ***Subject to Mayoral Veto June 5, 2023City Council Meeting Agenda - Final a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx and selecting the “eComment” link. b) e-Comment is available for use upon publication of the agenda and closes 24 hours prior to the meeting start time [pursuant to Rule 11(c)]. c) e-Comment is not permitted for Land use or CEQA items d) The e-Comment Electronic User Agreement can be viewed at: https://www.fresno.gov/cityclerk/ 2) E-mail – Agenda related documents and comments can be e-mailed to the Office of the City Clerk at least 24 hours prior to the agenda item being heard, pursuant to Rule 11(c). a) E-mail the Clerk’s Office at clerk@fresno.gov b) E-mails should include the agenda date, and the related agenda item number. VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live: 1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In Progress” to view the live meeting). 2) Community Media Access Collaborative website: https://cmac.tv/ 3) YouTube - City of Fresno Council, Boards and Commissions Channel: https://www.youtube.com/channel/UC3ld83D8QGn1YBDw6aD5dZA/videos 4) Facebook: https://www.facebook.com/FresnoCA/videos 5) Cable Television: Comcast Channel 96 and AT&T Channel 99 Should any of the five viewing methods listed above experience technical difficulties, the Council meeting will continue uninterrupted. Council meetings will only be paused to address verifiable technical difficulties for all users participating via Zoom or in the Council Chamber. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA). Anyone requiring reasonable ADA accommodations, including sign language interpreters, or other reasonable accommodations such as language translation, should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To help ensure availability of these services, you are advised to make your request a minimum of three business days prior to the scheduled meeting. Page 3 City of Fresno ***Subject to Mayoral Veto June 5, 2023City Council Meeting Agenda - Final NOTICE OF SPECIAL MEETING OF THE COUNCIL OF THE CITY OF FRESNO DATE: Monday, June 5, 2023 TIME: 10:00 a.m., or as soon thereafter as it may be heard LOCATION: City Hall and Electronic Meeting Please Take Notice the Council of the City of Fresno hereby calls a Special Meeting of the City Council pursuant to California Government Code section 54956 at the above stated time and place for the following purpose: 10:00 A.M. ROLL CALL APPROVE AGENDA Notice of Special Meeting - SignedID 23-933 Sponsors:Council President Maxwell OPEN SESSION 10:00 A.M. HEARING to adopt Resolutions and Ordinance to Annex Territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 9, Annexation Number 58 (Final Parcel Map Number 2007-41) (Northeast and Southeast corners of East Tulare Avenue and North Clovis Avenue) (Council District 5) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 58 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 58 (Subject to Mayor’s Veto) ID 23-896A. Sponsors:Public Works Department RESOLUTION - In Support of California Governor Gavin Newsom’s $250 Million Recommendation to Fund Downtown ID 23-940B. Page 4 City of Fresno ***Subject to Mayoral Veto June 5, 2023City Council Meeting Agenda - Final Fresno Infrastructure Projects Sponsors:Vice President Perea and Councilmember Esparza ADJOURNMENT Page 5 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-933 Agenda Date:6/8/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:TYLER MAXWELL, Council President District 4 SUBJECT Notice of Special Meeting - Signed City of Fresno Printed on 6/2/2023Page 1 of 1 powered by Legistar™ 06/05/2023 APPROVED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-896 Agenda Date:6/5/2023 Agenda #:A. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Engineering Division BY:ADRIAN GONZALEZ, Senior Engineering Technician Public Works Department, Land Planning Section SUBJECT HEARING to adopt Resolutions and Ordinance to Annex Territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 9, Annexation Number 58 (Final Parcel Map Number 2007-41) (Northeast and Southeast corners of East Tulare Avenue and North Clovis Avenue) (Council District 5) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 58 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 58 (Subject to Mayor’s Veto) RECOMMENDATIONS 1. Adopt Resolution to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 58, 2. Adopt Resolution Calling Special Mailed-Ballot Election, 3. Adopt Resolution Declaring Election Results, and 4. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 58. EXECUTIVE SUMMARY On May 18, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -144 with the intent to annex territory to Community Facilities District No. 9 (CFD No. 9) at the request of the landowner (Fancher Creek Town Center, LLC) of Final Parcel Map No. 2007-41 (86 Acre Commercial Development). This is the noticed public hearing to consider annexing the Final Parcel Map No. 2007-41 as Annexation No. 58 to CFD No. 9 to provide funding for the Services (as hereafter defined) pertaining to certain above ground public improvements associated with this City of Fresno Printed on 6/13/2023Page 1 of 3 powered by Legistar™ 06/05/2023 LC/AP 7-0 R. 2023-170, R. 2023-171 R. 2023-172 B-20/ ORD. 2023-018 File #:ID 23-896 Agenda Date:6/5/2023 Agenda #:A. (as hereafter defined)pertaining to certain above ground public improvements associated with this Development.The cost for Services totals $1,632.25 per acre annually for Fiscal Year 2022-2023. If approved,the recommended resolutions and ordinance will levy a Special Tax on the properties within the boundaries of Annexation No. 58 for identified Services. (See attached location map) BACKGROUND On December 16,2008,the Council adopted Council Resolution No.2008-351 forming CFD No.9 to fund the Services for public improvements/areas that may benefit not only a particular subdivision or a portion of,but also the City of Fresno (City)and the public at large,that serve a public purpose,and that are constructed or installed on public property or dedicated rights-of-way or easements.CFD No.9 is to provide maintenance for certain regulatory required public improvements located within and adjacent to public streets on the perimeter of commercial,industrial and multi-family subdivisions as described and permitted by the City of Fresno Special Tax Financing law,Chapter 8,Division 1, Article 3 of the Fresno Municipal Code (City Law)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). New commercial,industrial and multi-family subdivisions and parcel maps have different needs and standards than those of a standard single-family residential subdivision.Commercial,industrial and multi-family subdivisions are traditionally self-maintained with different proprietary requirements for landscaping,signage and general designs.CFD No.9 is designed to accommodate these requirements by providing funding of services for certain required public improvements in the public rights-of-way along the perimeters of these developments. The landowner has petitioned the City to have Final Parcel Map No.2007-41 annexed to CFD No.9 to provide funding for the operation and reserves for maintenance (Services)pertaining to certain above ground public improvements located within City public street easements.These improvements may include landscaping,trees,and irrigation systems;concrete curbs and gutters, valley gutters,median curbs and hardscaping,sidewalks and curb ramps;trail or park amenities, street name signage,street lighting,and local street paving as associated with this development. Pursuant to this petition,the Council adopted Council Resolution No.2023-144,declared its intention to annex Final Parcel Map No.2007-41 to CFD No.9,and set the public hearing for formal consideration. Council Resolution No.2023-144 also directed the preparation of a District Report describing the Services and the costs of those services and this report is on file with the City Clerk of the City of Fresno. If adopted by the Council,the attached ordinance would levy the proposed maximum special tax totaling $1,632.25 per acre annually for Fiscal Year 2022-2023.The Maximum Special Tax will be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI)if it exceeds 2% for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a Special Election. Two additional Resolutions are attached for Council consideration pertaining to this Special Election. Today’s public hearing has been duly noticed and the attached Resolutions and Ordinance have City of Fresno Printed on 6/13/2023Page 2 of 3 powered by Legistar™ File #:ID 23-896 Agenda Date:6/5/2023 Agenda #:A. been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this action is not a project. LOCAL PREFERENCE Local preference was not implemented,as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject territory. Attachment(s): Location Map Features Map Resolution Annex-Levy Resolution Calling Election Resolution Declaring Results Ordinance City of Fresno Printed on 6/13/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANLAND PLANNING SECTION N FINAL PARCEL MAP NO. 2007-41 DISTRICT 5 ANNEXATION NO. 58 COMMUNITY FACILITIES DISTRICT NO. 9 FINAL PARCEL MAP NO. 2007-41 BUFFERS/PARKWAYS/MEDIAN TREES & SHRUBS = 65,369 SF FEATURES TO BE ADDED BY ANNEXATION NO. 58 COMMUNITY FACILITIES DISTRICT NO. 9 LAND PLANNING SECTION N STREET LIGHTS: LOCAL STREET PAVEMENT: CONCRETE IMPROVEMENTS: LANDSCAPE AND IRRIGATION: TOTAL = 60 EACH CURB & GUTTER = 15,788 LF VALLEY GUTTER = 9,209 SF SIDEWALK & CURB RAMPS = 128,353 SF PARK/TRAIL HARDSCAPE AND AMENITIES: TURF & BEDS GROUND COVER = 22,085 SF STAMPED CONCRETE = 11,309 SF MEDIAN CURB = 6,902 LF SMALL TREES = 50 EACH LARGE TREES = 67 EACH *CONCRETE WALKS & PADS = 6,390 SF *TABLES = 6 EACH *DECOMPOSED GRANITE PATHWAYS = 1,488 CF *TRASH RECEPTACLE = 1 EACH *PLAY STRUCTURE = 1 EACH *SHADE COVER = 1 EACH INTERIOR RESIDENTIAL = 173,631 SF TRAIL = 35, 112 SF 1 of 6 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 9 AND AUTHORIZING THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 58 WHEREAS, on May 18, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-144 to annex the Territory Identified as Final Parcel Map No. 2007-41 to the City of Fresno, Community Facilities District No. 9 (CFD No. 9) 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. 2023-144, incorporating a map of the area proposed for annexation to CFD No. 9, and stating the Services (as hereinafter 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. 9 to finance the Services with respect to Annexation No. 58 of CFD No. 9, 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. 2023-144, concerning the annexation of territory to CFD No. 9; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to CFD No. 9, the Services to be provided therein and the levy of said special tax were heard and a full fair hearing was held; and 2 of 6 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 CFD No. 9 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, pursuant to Government Code Section 53339.6, 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 any of the following: (1) at least 50% of the registered voters or six registered voters, whichever is more, residing within the existing community facilities district; (2) at least 50% of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation; (3) property owners not exempt from the special tax and owning at least one -half of the area of land in the territory included in the existing community facilities district; or (4) property owners not exempt from the special tax and owning at least one-half of the area of land in the territory proposed for annexation; and WHEREAS, the Special Tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in Exhibit A Page A-2 and A-3 hereto), has not been eliminated through protest of at least 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 of the area of land within the proposed annexation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno as follows: 3 of 6 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 hereby finds and determines that the proposed annexation conforms to the Goals and Policies that this Council adopted respecting the formation of CFD No. 9. 4. Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to CFD No. 9, recorded in the Fresno County Recorder’s Office in Book 46 at page 96 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of Annexation No. 58. 5. Services. The types of Services proposed to be financed by Annexation No. 58 of CFD No. 9 and pursuant to City Law shall consist of those listed as services on page A-2 of Exhibit A in the District Report on file with the City Clerk (Services), which are also attached hereto and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 9 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. 9, including the territory to be annexed, will be levied annually within CFD No. 9, 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 4 of 6 owners. The proposed rate and method of apportionment of the special tax among the parcels of real property 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 will have to pay, is described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7. Tax Collection Authority. The Public Works Director of the City of Fresno or 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 5 of 6 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 be effective upon final approval. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportionment of Special Tax 6 of 6 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, 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 _________ day of ______________ 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A A-1 City of Fresno Community Facilities District No. 9 Formation Description of Services currently financed by Community Facilities District No. 9 The services and operations (Services) that are to be financed by Community Facilities District No. 9 (CFD No. 9) are described below and are permitted by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all landscaping facilities (including reserves), including stamped concrete paving in medians and landscaped areas in public street rights - of-way, public trails, and, in instances where a required sound wall abuts a local City street and public landscape easements are 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; repairing and replacing stamped concrete paving and 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 infrastructures (including reserves) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees, street signage and street furniture. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 9. 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 this Resolution shall be construed as committing the City or CFD No. 9 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. 9 and the availability of sufficient proceeds of special taxes within the District. EXHIBIT A A-2 City of Fresno Community Facilities District No. 9 Annexation No. 58 Description of Services to be Financed by Community Facilities District No. 9 For (Final Parcel Map No. 2007-41) The services and operations (Services) to be financed by Community Facilities District No. 9 (CFD No. 9) for Final Parcel Map No. 2007-41, Annexation No. 58 are generally as described below. The Services that are to be financed will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all landscaping facilities (including reserves), including stamped concrete paving in medians and landscaped areas in p ublic street rights- of-way, public trails, and, in instances where a required sound wall abuts a local City street, public landscape easements officially dedicated for public use and street trees. 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; repairing and replacing stamped concrete paving and 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) w ithin the public street rights-of-way associated with Final Parcel Map No. 2007-41. Such facilities include, without limitation, concrete curbs and gutters, major street median hardscaping, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage and street lighting, and local street paving associated with this subdivision. Such facilities also include, without limitation, all hardscaping associated with the development. Services shall include all costs attributable to street lighting services. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 9. 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 this Resolution shall be construed as committing the City or CFD No. 9 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 58 to CFD No. 9 and the availability of sufficient proceeds of Special Taxes within CFD No. 9. EXHIBIT B B-1 City of Fresno Community Facilities District No. 9 Annexation No. 58 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s Service for FY 2022-2023. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $57,404.99 2 Other Operational Costs $1,009.80 3 Reserve for Replacement $79,051.58 4 Incidental Expenses $1,275.00 Total $138,741.37 Subdivision or Development Appropriation Limit Final Parcel Map No. Total Maximum Special Tax for Services per acre Appropriation Limit Landowner 2007-41 $1,632.25 $500,000.00 Fancher Creek Town Center, LLC EXHIBIT B B-2 City of Fresno Community Facilities District No. 9 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. 9 (CFD No. 9) 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. 9, 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 su bsequently annexed to CFD No. 9 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. “Commercial or Industrial Developments or Subdivisions” means developments or subdivisions zoned for commercial or industrial uses. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 9. “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 develop ed. “Development” means any assessor’s parcel within the City of Fresno which is being developed for Industrial, Commercial, or Multi-Family purposes and requires a Building Permit. EXHIBIT B B-3 “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 9 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, which can be levied in any Fiscal Year. “Public Property” means any property within the boundaries of CFD No. 9 that is owned by the federal government, 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 Development or Subdivision” means developments or subdivisions zoned for residential multi-family uses. “Residential Unit” means a multi-family residential dwelling unit and shall include condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family subdivision. For purposes of the levy of special taxes pursuant to Section B below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 9, 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. 9, 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. EXHIBIT B B-4 “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. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 9 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENTS OR SUBDIVISIONS On or about April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many square feet of taxable area are in each assessor’s parcels within each commercial or industrial development or subdivision of CFD No. 9. For commercial or industrial developments or subdivisions, the area to be taxed is the total area within each assessor’s parcels of the subdivision or development not designated as public right-of-way and is not to exceed the Maximum Special Tax identified for the development or subdivision in Section C, Table 1 below. RESIDENTIAL SUBDIVISIONS On or about 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 CFD No. 9. For parcels of undeveloped property zoned for development of 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 t he parcel. Once a 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 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 subdivision in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 9 shall be specific to each development, subdivision, subdivisions, or portion thereof within CFD No. 9. When additional property is annexed into CFD No. 9, the rate and method adopted for the annexed property shall reflect the MST for the development, subdivision, subdivisions, or respective portion thereof then annexed. EXHIBIT B B-5 The MST applicable to each development, subdivision, subdivisions, or portion thereof in CFD No. 9 shall be the rate that is created at the time of CFD No. 9 annexation expressly for the individual development, subdivision, subdivisions, or portion thereof being annexed to CFD No. 9 at that time. Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Inde x (CCI), if it exceeds 2%, 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. Subject to the maximum limit set by the MST, the Special Tax for the commercial, industrial or multi-family development or subdivision assessor’s parcels is calculated by spreading the Special Tax Requirement to the total taxable square footage of the development or subdivision and then apportioned proportionately by area to the individual assessor’s parcels within the development or subdivision or by the number of residential units as applicable. The total Maximum Special Tax for Fiscal Year 2022-2023 for Annexation No. 58 of CFD No. 9 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Parcel Map No.** Total Maximum Special Tax for Services per acre 2007-41 $1,632.25 **A Special Tax shall be levied on all assessor’s parcels within an identified development or subdivision except excluded parcels as identified in Attachment 1. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2022-2023, 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 CFD No. 9 based on applying the Maximum EXHIBIT B B-6 Special Tax rates determined pursuant to Section C above to each parcel of taxable property in CFD No. 9; 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. 9; 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. 9 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 9 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. 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, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-7 ATTACHMENT 1 City of Fresno Community Facilities District No. 9 Annexation 58 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL PARCEL MAP NO. 2007-41 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CALLING SPECIAL MAILED- BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 9 ANNEXATION NO. 58 WHEREAS, on May 18, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-144 to annex the territory identified as Final Parcel Map No. 2007-41 to City of Fresno Community Facilities District No. 9 (CFD No. 9) and to authorize the levy of a special tax; and WHEREAS, Council Resolution No. 2023-144 identified the Services to be provided for Annexation No. 58 by CFD No. 9 and provided an estimate of the cost of providing those Services; and WHEREAS, Council Resolution No. 2023-144 contemplated imposing a special tax upon those properties within Annexation No. 58 to CFD No. 9 receiving said Services; and WHEREAS, a report has been filed with the City Clerk of the City of Fresno (City Clerk) that describes the proposed rate and method of apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 9 in sufficient detail to allow all interested parties to estimate the maximum amount e ach property owner must pay; and WHEREAS, the levy of said proposed Special Tax shall be subject to the approval 2 of 4 of the qualified electors of the territory proposed to be annexed to CFD No. 9 at a special election; and WHEREAS, the Public Works Director has filed a Certificate (Certificate) in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 9. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The levy of a special tax proposed in Council Resolution No. 2023-144 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). 2. The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 9. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 9. 5. The Council further finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 9 are those set forth in the attachment to the Certificate and that the attachment correctly sets forth how much 3 of 4 property owned by each landowner and the number of votes to which each is entitled. 6. This Council approves the form, attached as Exhibit B, entitled Waiver and Consent From Sole Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 9, Annexation No. 58, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, procedures and time periods. 7. Accordingly, this Council calls the special election described herein and sets June 5, 2023, as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. 8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowner(s) shown on the attachment to the Certificate. The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. 9. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on Monday, June 5, 2023, at 10:00 a.m. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Property Owner 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, 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 day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A A-1 SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 9 Annexation No. 58 This ballot is for the use of Fancher Creek Town Center, LLC, the sole landowner owning land (Final Parcel Map No. 2007-41) within Community Facilities District No. 9, Annexation No. 58, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above -named landowner is entitled to cast eighty-five (85) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on Monday, June 5, 2023, at 10:00 a.m., to Todd Stermer, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno (City) be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 9, Annexation No. 58, all as specified in its Council Resolutions No. 2023-144 and No. ; and shall the appropriations limit for Community Facilities District No. 9 Annexation No. 58 be established in accordance therewith? Number of Votes YES Number of Votes NO EXHIBIT A A-2 CERTIFICATION The undersigned is the authorized representative of the above -named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above - named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________, 2023. Company Name: By: Print Name: Print Title: (Attach Notary Acknowledgment) EXHIBIT B B-1 WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 9, Annexation No. 58 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Final Parcel Map No. 2007-41) in this mailed-ballot election to be conducted within Community Facilities District No. 9 Annexation No. 58, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2023. Company Name: By: Print Name: Print Title: (Attach Notary Acknowledgment) 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 9 ANNEXATION NO. 58 WHEREAS, on June 5, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -______ calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriati ons limit for Annexation No. 58 to Community Facilities District No. 9 (CFD No. 9); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk’s (City Clerk) Canvass and Statement of Election Results, dated __________________, 2023, a copy of which is attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriat ions limit for Annexation No. 58, has been submitted to the qualified electors with in the area of Annexation No. 58, pursuant to Council Resolution No. 2023 -_____, and (b) the ballot measure has been passed and approved by more than two-thirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code (City Law). 2 of 4 2. The Council declares Annexation No. 58 to be fully formed and the property within Annexation No. 58, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2023 -______, annexing the territory identified as Final Parcel Map No. 2007-41 as Annexation No. 58, and authorizing the levy of a special tax therein, and Council Resolution No. 2008-351, approving the local goals and policies for Community Facilities District No. 9, as described in the Community Facilities District Report dated as of May 23, 2023, on file with the City Clerk. 3. The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvass and Statement of Election Results 3 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, 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 day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A 4 of 4 CANVASS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 9 Annexation No. 58 I, TODD STERMER, City Clerk of the City of Fresno, hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the Council of the City of Fresno (Council) in its Council Resolution No. 2023 - on propositions to levy a special tax within and approve an appropriations limit for Community Facilities Di strict No. 9, Annexation No. 58, and held on June 5, 2023. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno staff representing the Public Works Department, as well as the City Clerk’s Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result o f that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of “yes” votes cast are true and correct. Total Votes that could be cast 85 Total Votes Cast “Yes ___ Total Votes Cast “No” ___ Total Votes Cast ___ The Votes cast “Yes” equal ____% of the total votes cast. I make this certification on _________________, 2023. ATTEST: Todd Stermer, CMC City Clerk By Deputy 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Ordinance No. BILL NO. ____________ ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 2022-2023 AND FUTURE TAX YEARS WITHIN AND RELATING TO COMMUNITY FACILITIES DISTRICT NO. 9, ANNEXATION NO. 58 WHEREAS, on June 5, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -_____, a resolution of the Council annexing territory as Annexation No. 58 to Community Facilities District No. 9, authorizing the levy of a special tax therein to pay for certain facilities and services for Annexation No. 58, and preliminarily establishing an appropriations limit therefore (Annexation Resolution), 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, by Council Resolution No. 2023 -_____, the Council called a special election on the proposition on levying a special tax and establishing an appropriations limit within Annexation No. 58; and WHEREAS, on June 5, 2023, an election was held within Annexation No. 58 and as required by City Law, the ballot measure was passed and approved by more than two- thirds of the votes cast. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1. Pursuant to City Law, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit B to the Annexation Resolution, which is attached hereto for reference purposes, a special tax is hereby authorized and levied on all taxable parcels within Annexation No. 58 for the 2022-2023 fiscal year and for each 2 of 4 future fiscal year at the same or at a rate lower than the maximum rate of tax provided in Exhibit B to the Annexation Resolution. The special taxes levied in any fiscal year on any parcel within Annexation No. 58 shall not exceed the maximum special tax specified in Exhibit B to the Annexation Resolution, which is attached hereto for reference purposes . 2. The Public Works Director or designee is authorized and directed, with the aid of the appropriate officers and agents of the City, to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement i n accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno (County) Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The Special Tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinquency, as for ad valorem taxes. Notwithstanding the foregoing, as set forth in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or designee is further authorized and directed to furnish the notices of special tax required by Section 53340.2 of the California Government Code. 3. The appropriate officers and agents of the City are further authorized and directed to adjust the special tax roll before the final posting of the special taxes to the County tax roll each fiscal year, as necessary to achieve a correct match of the sp ecial 3 of 4 tax levy with the county assessor’s parcel numbers finally used by the County in sending out property tax bills. 4. If a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any particular parcel, the balance of this Ordinance and the application of the special tax to the remaining parcels, shall not be affected and shall remain in full force and effect. 5. This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Charter, Article VI, Section 610. Attachment: Exhibit B - Rate and Method of Apportionment of Special Tax 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, 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 day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT B B-1 City of Fresno Community Facilities District No. 9 Annexation No. 58 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s Service for FY 2022-2023. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $57,404.99 2 Other Operational Costs $1,009.80 3 Reserve for Replacement $79,051.58 4 Incidental Expenses $1,275.00 Total $138,741.37 Subdivision or Development Appropriation Limit Final Parcel Map No. Total Maximum Special Tax for Services per acre Appropriation Limit Landowner 2007-41 $1,632.25 $500,000.00 Fancher Creek Town Center, LLC EXHIBIT B B-2 City of Fresno Community Facilities District No. 9 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. 9 (CFD No. 9) 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. 9, 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 su bsequently annexed to CFD No. 9 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. “Commercial or Industrial Developments or Subdivisions” means developments or subdivisions zoned for commercial or industrial uses. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 9. “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 develop ed. “Development” means any assessor’s parcel within the City of Fresno which is being developed for Industrial, Commercial, or Multi-Family purposes and requires a Building Permit. EXHIBIT B B-3 “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 9 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, which can be levied in any Fiscal Year. “Public Property” means any property within the boundaries of CFD No. 9 that is owned by the federal government, 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 Development or Subdivision” means developments or subdivisions zoned for residential multi-family uses. “Residential Unit” means a multi-family residential dwelling unit and shall include condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family subdivision. For purposes of the levy of special taxes pursuant to Section B below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 9, 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. 9, 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. EXHIBIT B B-4 “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. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 9 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENTS OR SUBDIVISIONS On or about April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many square feet of taxable area are in each assessor’s parcels within each commercial or industrial development or subdivision of CFD No. 9. For commercial or industrial developments or subdivisions, the area to be taxed is the total area within each assessor’s parcels of the subdivision or development not designated as public right-of-way and is not to exceed the Maximum Special Tax identified for the development or subdivision in Section C, Table 1 below. RESIDENTIAL SUBDIVISIONS On or about 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 CFD No. 9. For parcels of undeveloped property zoned for development of 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 t he parcel. Once a 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 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 subdivision in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 9 shall be specific to each development, subdivision, subdivisions, or portion thereof within CFD No. 9. When additional property is annexed into CFD No. 9, the rate and method adopted for the annexed property shall reflect the MST for the development, subdivision, subdivisions, or respective portion thereof then annexed. EXHIBIT B B-5 The MST applicable to each development, subdivision, subdivisions, or portion thereof in CFD No. 9 shall be the rate that is created at the time of CFD No. 9 annexation expressly for the individual development, subdivision, subdivisions, or portion thereof being annexed to CFD No. 9 at that time. Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Inde x (CCI), if it exceeds 2%, 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. Subject to the maximum limit set by the MST, the Special Tax for the commercial, industrial or multi-family development or subdivision assessor’s parcels is calculated by spreading the Special Tax Requirement to the total taxable square footage of the development or subdivision and then apportioned proportionately by area to the individual assessor’s parcels within the development or subdivision or by the number of residential units as applicable. The total Maximum Special Tax for Fiscal Year 2022-2023 for Annexation No. 58 of CFD No. 9 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Parcel Map No.** Total Maximum Special Tax for Services per acre 2007-41 $1,632.25 **A Special Tax shall be levied on all assessor’s parcels within an identified development or subdivision except excluded parcels as identified in Attachment 1. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2022-2023, 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 CFD No. 9 based on applying the Maximum EXHIBIT B B-6 Special Tax rates determined pursuant to Section C above to each parcel of taxable property in CFD No. 9; 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. 9; 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. 9 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 9 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. 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, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-7 ATTACHMENT 1 City of Fresno Community Facilities District No. 9 Annexation 58 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL PARCEL MAP NO. 2007-41 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-940 Agenda Date:6/5/2023 Agenda #:B. REPORT TO THE CITY COUNCIL FROM:ANNALISA PEREA, Vice President District 1 NELSON ESPARZA, Councilmember District 7 SUBJECT RESOLUTION - In Support of California Governor Gavin Newsom’s $250 Million Recommendation to Fund Downtown Fresno Infrastructure Projects Attachment: Resolution City of Fresno Printed on 6/13/2023Page 1 of 1 powered by Legistar™ 06/05/2023 AP/NE 7-0 R. 2023-169 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, IN SUPPORT OF CALIFORNIA GOVERNOR GAVIN NEWSOM’S $250 MILLION DOWNTOWN FRESNO INFRASTRUCTURE PLAN WHEREAS, the City of Fresno is among the fastest growing regions in California with over 750,000 residents in the metropolitan area and over 1 million residents in the County; and WHEREAS, Fresno has a poverty rate of approximately 23%, twice the national average; and WHEREAS, the Fresno Downtown District is a vital economic and cultural hub for the City of Fresno; and WHEREAS, vibrant and successful cities have great downtowns; and WHEREAS, the Fresno Downtown District has aging infrastructure dating back to the late nineteenth century; and WHEREAS, the Downtown Region requires additional availability of affordable housing for working families and is already pre-zoned for more than 75,000 housing units; and WHEREAS, California Governor Gavin Newsom recognizes the importance of revitalizing Downtown Fresno in his 2023 May-revise budget by recommending the allocation of $250 million to fund new sewer systems, drains, sidewalks, green space, transit center, and new parking structures; and WHEREAS, this plan will potentially create 9,000 mixed-income housing units in five years, create 25,000 public infrastructure and housing construction jobs over three 2 of 3 years, 2,200 permanent jobs, $3.5 billion in additional public and private investment, $78.7 billion in additional local tax revenue over the next 30 years, and a 48% reduction in greenhouse gas emissions when compared to housing on Fresno’s boundaries; and WHEREAS, the infusion of these funds will accelerate new affordable housing construction in the area; and WHEREAS, the vast majority of the Fresno community supports additional funding for Downtown Fresno including the region’s state representatives, over 70 businesses, community organizations, and local government officials. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. California Governor Gavin Newsom’s recommended $250 million Downtown Fresno Infrastructure Plan has the full support of the Fresno City Council. 2. The Fresno City Council calls on California’s State Legislature to approve the Downtown Fresno Infrastructure Plan. 3. This resolution shall be effective upon final approval. 3 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, 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 day of 2023. AYES : NOES : ABSENT : ABSTAIN : TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Andrew Janz Date