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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: TWR Resolution No. ____________ RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRESNO, STATE OF CALIFORNIA, DECLARING ITS
INTENTION TO ESTABLISH A COMMUNITY FACILITIES
DISTRICT AND FUTURE ANNEXATION AREA AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
(PUBLIC SAFETY SERVICES)
WHEREAS, under the terms of the City of Fresno Special Tax Financing law (Chapter 8, Division 1, Article 3 of the Fresno Municip al Code) , (the “Code”) and the Mello-Roos Community Facilit ies Act of 1982 (Sections 53311 and following, Calif ornia Government Code; hereafter referred to as the “ Act”), the City Coun cil of the City of Fresno (the “City”) may commence proceedi ngs for the establishment of a community facilities district; and
WHEREAS, this City Council has received a Petition (including Waivers) from the landowners requesting that it establish a commu nity facilities district under the Code and the Act to provide for the costs of police and fire safety/protection/suppression services, and this City Council now desir es to commence proceedings to establish a community facilities district and future annexation area as described herein; and WHEREAS, this City Council h as previously adopted local goals and p olicies for the formation of community facilities districts within the City; and WHEREAS, under the C ode and the Act, this City Counc il is the legislative body for the proposed commu nity facilities district and is em powered with the authority to establish the commu nity facilities distric t and levy special taxes within the commu nity facilities district; and
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WHEREAS, this City Council now desires to proceed with the actions necessary to consider the establishment of the community facilities district.
NOW, THEREFORE, BE IT RESOLVED, by the C ity Council of the City of Fresno, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct , and establish the factual basis for the City Council’s adoption of this Resolution.
2. This City Council proposes to conduct proceedings t o establish the community facilities district pursuant to the Code and the Act, and hereby determines that public convenience and necessity re quire the formation of the community facilities district and a future annexation area to fund public services.
3. The name of the proposed com munity facilities district is City of Fresno, Community Facilities District No. 18 (Public Safety Services ) (the “District”). The name proposed for the territory proposed to be annexed into the CFD in the future i s “City of Fresno Community Facilities District No. 18 (“Public Safety Services ”) (Future Annexation Area)” (the “Future Annexation Area”).
4. The proposed boundaries of the District and Future Annexation Area are as shown on t he map of the Dist rict on file with the City Cler k, a copy of which is attached hereto as Exhibit A, which Exhibit is by this reference incorporated herein. The proposed boundaries are hereby preliminarily approved. The City Clerk is hereby directed to rec ord, or cause to b e recorded, the map of the boun daries of the District and the Future Annexation Area in the office of the Fresno County Recorder no later than fifteen days after the adoption of this Resolution. 3 of 7
5. The type of services proposed to be f unded by th e Dis trict and Fut ure Annexation Area by proceeds of the special tax shall consist of those services described in Exhibit B hereto, which Exhibit is by this reference incorporated herein (the “Services”).
The City Council hereby determines that th e Servic es ar e necessary t o meet increased demands for such services placed upon local agencies as the result of development occurring within the area of the District and the Future Annexation Area.
The Services are in add ition to those provided in the ter ritory o f the District and the Future Annexa tion Area as of the date hereof and will not supplant services already available within the territory of the District and the Future Ann exation Area as of the date hereof.
6. Except where funds are otherwise available, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non- exempt real property in the District, will be levied annually within the District and collected in the same manner as ordinary ad valorem prop erty taxes or in s uch other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate a nd met hod of apportionment of the special tax among the parcels of real property w ithin the District, in sufficient detail to a llow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, is described in Exhi bit C attached hereto, which Exhibit is by thi s reference incorporated herein . The special tax shall be levi ed perpetually unt il th e collection of the special tax by the City ceases.
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The City Council hereby determines that the Special Tax proposed to pay for Se rvices to be supplied within the Futur e Annexation Area shall be equal to any special tax levied to pay for the same Ser vices in the existing District , except that a higher or lower tax may be levied within the Future Annexation Area to the extent th at the actual cost of providing the Services in the Future Annexation Area is high er or lower than the cost of providing those Services in the existing District. In so finding, City Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied wit hin the existing District.
7. This Ci ty C ouncil finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem pr operty taxes and schools financed by a community facilities district) are inapplicable to the District.
8. The levy of said pr oposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or han d-delivered ballots among the lan downers in the proposed District, with each landowner having one vote for each acre or portion of an acre of land such landowner owns in the District.
A special tax shall be levied in the Future Annexation Area only wit h the Unanimous Approval of the owner or ow ners of each parcel or par cels at the time t hat parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the Distr ict, all lands own ed by any public entity, 5 of 7
including the United States, the State of California, and/or the City, or any departments or political su bdivisions of any thereof, shall be om itted from the levy of the special ta x to be made to cover the costs a nd expenses of the Services and any expenses of the District.
10. The Director of Finance of the City is hereby directed to study the proposed Servi ces and to make, or cause to be m ade, and file with the City Clerk a report required by Section 53321.5 of the Act presenting the following:
(a) A brief description of the Services.
(b) An estimate of the fair and reasonable initial annual cost of providing the Services, including the incidental expenses in connection therewith, any City administration costs and all other related costs.
Said report shall be made a part of the record of the public hearing provided for below. The Director of Finance may delegate t o consultants th e duty to perform the study and prepare the report.
11. Thursday, November 3, 202 2, at 10:00 a.m. or as soon thereafter as the matter may be heard in the regular meeting place of this City Council at 2600 Fresno St, Fresno, CA 93721, or virtually as noticed by the City, are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience, and necessity require the formation of the District and the levy of said special tax.
12. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper publ ished in the area of the District. 6 of 7
The publication of said notice shall be completed at least seven (7) days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit D hereto.
13. This Resolution shall take effect immediately upon its adoption. 7 of 7
* * * * * * * * * * * * * *
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 2022.
AYES :
NOES :
ABSENT :
ABSTAIN :
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Taylor W. Rhoan D ate
Deputy City Attorney
Attachments:
Exhibit A: Proposed Boundaries of the District
Exhibit B: Description of Services
Exhibit C: Rate and Method of Apportionment of Special Tax Exhibit D: Notice of Public Hearing
B-1
EXHIBIT B
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
(PUBLIC SAFETY SERVICES)
DESCRIPTION OF SERVICES
Services:
The services to be funded, in whole or in part, by the District include all direct and incidental costs related to providing for the funding of public safety services within the area of the District. More specifically, the services shall include, but not be limited to, police and fire safety/protection/suppression services. The District may fund any of the following re lated to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District and will not supplant services already available within that territory when the District is created.
Administrative Expenses:
The administrative expenses to be funded by the District include t he direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the City related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City f rom its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.
Other:
The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District.
City of Fresno
Community Facilities District No. 18 (Public Safety Services) Page 1
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
FOR CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18
(PUBLIC SAFETY SERVICES)
A Special Tax shall be levied and collected in City of Fresno Community Facilities District No. 18 ( Public Safety Services ) (“CFD No. 18”) each Fiscal Year, in an amount determined by the application of the procedures below. All Taxable Property (as defined below) in CFD No. 18, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means an "Accessory Dwelling Unit" as defined in California Government Code Section 65852.2 (j) (1), as may be amended from time to time, that is accessory to a single- unit dwelling. The ADU may be on the same Assessor’s Parcel as the single-unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel shall be determined by the CFD Administrator based upon the app licable final map, parcel map, condominium plan, or other recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor’s Parcel may be determined utilizing GIS. “Act” means, collectively, Article 3 of Chapter 8 of the Municipal Code of the City and the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 18 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and of preparing the Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 18.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 18 for any other administrative purposes, including, but not limited to, attorney’s fees.
City of Fresno
Community Facilities District No. 18 (Public Safety Services) Page 2 “Annual Services Costs” means the respective annual amounts determined by the CFD Administrator as reasonably needed to fund services authorized to be funded by CFD No. 18 for the applicable yearly period.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 18 determined by the CFD Administrator or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserv e or replacement fund established in connection with CFD No. 18, and (4) an amount equal to reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year (or as projected by the CFD Administrator for the first Fiscal Year Special Tax levy).
“Assessor’s Data” means Units or other information contained in the records of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 18” means the City of Fresno Community Facilities District No. 18 (Public Safety Services).
“City” means the City of Fresno, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 18.
“County” means the County of Fresno, California.
“County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 18 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 18 which are exempt from the Special Tax pursuant to Section E. “Final Subdivision Map” means a subdivision of property created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4120, that creates individual lots for which residential building permits may be issued without further subdivision of such property.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
City of Fresno
Community Facilities District No. 18 (Public Safety Services) Page 3 “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Special Tax Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C.
“Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public (or for resident manager purposes), and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi -Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Open Space Property” means property within the boundaries of CFD No. 18 which ( i) has been designated with specific boundaries and Acreage on a Final Subdivision Map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency , or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any duly c onstituted property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub- association or non-residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No. 18 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and Acreage on a Final Subdivision Map as property owner association property.
“Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum Special Tax is equal for all Assessors’ Parcels of Taxable Property levied within each land use category within CFD No. 18. “Public Property” means any property within the boundaries of CFD No. 18 which (i) is owned by a public agency, ( ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a Final Subdivision Map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Single Family Residential Property” means all Assessor’s Parcels Developed Property for which a building permit(s) has been issued for a residential structure intended as a single primary Unit, or as a single primary Unit and an ADU. “Special Tax(es) means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this R ate and Method of Apportionment. All the City of Fresno
Community Facilities District No. 18 (Public Safety Services) Page 4 Taxable Property within CFD No. 18 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 18, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 18 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 18 that are not exempt from the Special Tax pursuant to law or Section E below.
“Undeveloped Property” means all of the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 18 that are not Developed Property. “Unit” means any individual, townhome, condominium, apartment, including each separate living area within a half -plex, duplex, triplex, fourplex, or other residential structure, including ADUs.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 18 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all property within CFD No. 18. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then- current Fiscal Year. To the extent a Parcel or Parcels is/are subdivided, consolidated, or othe rwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Taxable Property; (iii) the number of Units each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Multi-Family Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.
C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall be assigned below:
1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to Table 1 below:
City of Fresno
Community Facilities District No. 18 (Public Safety Services) Page 5 TABLE 1
MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 1 - FISCAL YEAR 2022/23
Land Use Category Maximum Special Tax Per
Single Family Residential
Property $164.00 Unit
Multi-Family Residential
Property $134.00 Unit
Accessory Dwelling Unit
50% of the applicable
Maximum Special Tax
Rate for the property
type of the primary
property land use
Unit
On July 1 of each Fiscal Year, commencing on July 1, 2023 , the Maximum Special Taxes for Tax Zone No. 1 shall be adjusted upward annually by 2% or by the rise in the Construction Cost Index (CCI) if it exceeds 2% for the San Francisco Region.
Different Maximum Special Taxes and tax escalation factors may be identified in Tax Zones added to CFD No. 18 as a result of future annexations.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to an annual Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the CFD Administrator.
The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 18 by the method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Special Tax.
Notwithstanding the foregoing, under no circumstances will the Special Tax es on any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 18.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Metho d of Apportionment of Special Tax, no Special Tax shall be levied on Undeveloped Property, Open Space Property, Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5 and 533401 of the Mello -Roos Community Facilities Act of 1982.
Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property.
City of Fresno
Community Facilities District No. 18 (Public Safety Services) Page 6 F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct.
The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, , then an adjustment shall be made to credit the Special Tax in future years.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method o f apportionment, the classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the CFD Administrator’s discretion.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 18.
Special Taxes shall continue to be levied and collected within CFD No. 18, as needed to fund the Annual Special Tax Requirement, in perpetuity.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
J. REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Assessor’s Parcels in CFD No. 18, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the authorized services for which the Special Tax was levied. The obligations to provide the authorized services previously funded by the repealed Special Tax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No. 18.
EXHIBIT D
NOTICE OF PUBLIC HEARING
CITY OF FRESNO
NOTICE IS HEREBY GIVEN that on November 3, 2022, at or after 10:00 A.M. in the City Council Chambers, City Hall, 2600 Fresno St #3620, Fresno, CA , or virtually as noticed by the City on its website and posted City Council Agenda, a Public H earing will be conducted by the City Council of the City of Fresno at which time and place all persons may attend and be heard upon:
PROJECT: City of Fresno
Community Facilities District No. 18 (Public Safety Services) DESCRIPTION: Establish an annual special tax to fund police and fire safety/protection/suppression services within the District , and establish a future annexation area.
LOCATION: APN(s): 511-011-19, 512-141-13, 512-141-15, 512-141-19 & 512-141-44 APPLICANT(S): BEAL GEORGE J & STERLENE JOY
1175 SHAW #104
CLOVIS CA 93612
LENNAR HOMES OF CALIFORNIA INC
8080 N PALM #110
FRESNO CA 93711
FANUCCHI EDWARD L
7069 N VAN NESS
FRESNO CA 93711
On October 1 3, 20 22, the City Council of the City of Fresno adopted a Resolu tion e ntitled “A Resolution of the City Cou ncil of the City of Fresno , State of California, Declaring Its Inte ntion to Establish a Community Facilities District and Future Annexation Area and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention”). Reference is hereby made to the Resolution of Intention on file in the office of the City Clerk of the City of Fresno for further particulars.
In the Resolution of Intention, the City Council declared its intention to form the City of Fresno Community Facilities District No. 18 (Public Safety Services ) (the “District”) and City of Fresno Community Facilities District No. 18 (Public Safety Services ) (Future Annexation Area) (the “Future Annexation Area”) to finance the costs of police and fire safety/protection/suppression services and appurtenant services as further identified in an exhibit to the Resolution of In tention. The proposed boundaries of the District and Future Annexation Area were identifie d in another exhibit to the Resolution of Intention, and the Resolution of Intention ident ified a proposed special tax to be levied on real property to be included in the District and Future Annexation Area to pay for the costs of the services.
In the Res olution of Intention, the City Council pr ovided that the levy of the special tax will be subject to a mailed ballot election among the owners of land in the District. The City Council ordered the City’s Director of Finance to prepare a report on the D istrict, and the City Council called for a public hearing on the District and Future Annexation Area.
At the hearing, the testimony of all interested persons or taxp ayers for or against the establishment of the District and Future Annexation Area, the extent of the District and Future Annexation Area or the furnishing of specified types of services will be heard. Any person interested may file a protest in writing with the City Clerk . If fifty percent or more of the registered voters, or six registered v oters, whichever is more, residing in the territo ry proposed to be included in the District, or the owners of one-half or more of the area of land in the territory proposed to be included in the District and not exempt from the special tax file written pro tests against the establishment of the District and the protests are not withdrawn to redu ce the value of the protests to less th an a majo rity, the City Council of the City shall take no further action to establish the District or authorize the special tax es for a period of one year from the date of the decision of the City Council, and if the majority protests of the registered vot ers or th e landowners are only agains t the furnishing of a type or types of services within the District and Future Annexation Area , or against levying a specified special tax, those types of services, or the specified special tax, will be eliminated from the proceedings to form the District and Future Annexation Area.
Supporting documents are available at City Clerk’s Office, 2600 Fresno St, Fresno, CA 93721 , (559) 621-7650.
Written comments should be directed to the City Council through the City Clerk at 2600 Fresno St, Fresno, CA 93721.
PLEASE NOTE: Any person chal lenging any of the above actions in Court may be limited to raising only those issues that they or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Fresno at, or prior to, the public hearing.
Date: October 5, 2022
Signed:
Todd Stermer
City Clerk