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2019/11/26 City Council Resolution 2019-147RESOLUTION NO. 2019.147 A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING INTENTION TO FORM THE WESTSIDE RESIDENTIAL SERVICES COMMUNITY FACILITIES DISTRICT TO FUND CERTAIN PUBLIC SERVICES AND AUTHORIZING AND DIRECTING CERTAIN RELATED ACTIONS WHEREAS, the City of Rohnert Park (the "City") has received a petition requesting the institution of proceedings for the establishment of a community facilities district to fund certain public services (the "Community Facilities District"), which petition is signed by the owners of all of the land within the boundaries of the territory proposed tbr inclusion in the Community Facilities District and which petition meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California (the "Government Code"); and WHEREAS, the Cþ Council of the City (the "City Council") desires to initiate the requested proceedings by adopting this resolution of intention as provided in Section 53321of the Government Code and to establish the Community Facilities District consisting of the teritory described in Exhibit "4" hereto (which exhibit is incorporated herein by this reference), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the "Act"), in order to fund (l)the maintenance of public facilities within the Community Facilities District and increased levels of one or more of the services described in Califomia Government Code Section 53313 that are in addition to those services provided to the tenitory proposed to be included in the Community Facilities District at the time the Community Facilities District is created, and (2) the incidental expenses to be incurred in connection with funding the services, and forming and administering the Community Facilities District; and WHEREAS, Exhibit "8", which is incorporated herein by this reference, provides a more complete description of the services to be funded (collectively, the "Services") and the incidental expenses incurred (collectively the 'Incidental Expenses"); and WHEREAS, the City Council further intends to approve an estimate of the costs of the Services and the Incidental Expenses for the Community Facilities District; and WHEREAS, it is the intention of the City Council to consider funding the Services and the Incidental Expenses through the formation of the Community Facilities District and the levy of a special tax, provided that the special tax levy is approved at an election to be held for the Community Facilities District; NOW, THEREFORE BE IT R.ESOLVED, by the City Council of the City of Rohnert Park that it does hereby frnd, determine, resolve and order as follows: SECTION 1. The above recitals are true and conect. SECTION 2. A community facilities district is proposed to be established under the terms of the Act to be designated as ooCity of Rohnert Park Community Facilities District No.2019-01 (Westside Residential Services) (the "Community Facilities District"). It is further proposed that the boundaries of the Community Facilities District shall be the legal boundaries of the parcels described in Exhibit "4" hereto, as depicted on the map of the Community Facilities District which is on file with the City Clerk, which boundaries shall, upon recordation of said map, include the entirety of any parcel subject to taxation by the Çommunity Facilities District. The City Clerk is hereby authorized and directed to sign the original map of the Community Facilities District and record it with all proper endorsements thereon with the County Recorder of the County of Sonoma within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California. SECTION 3. The Services proposed to be provided within the Community Facilities District are "services" as defined in the Act. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Community Facilities District to understand what the Community Facilities District may fund. The City Council hereby finds that the Services are necessary to meet increased demands placed upon the City as a result of development occuning in the Community Facilities District. SECTION 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax, secured by a continuing lien against all non-exempt real property in the Community Facilities District, sufficient to pay for the Services and Incidental Expenses. The rate and method of apportionment and manner of collection of the special tax in the Community Facilities District is described in detail in Exhibit "C" attached hereto (which exhibit is incorporated herein by this reference). Exhibit "C" allows each landowner within the Community Facilities District to estimate the maximum amount that may be levied against each parcel. The special tax is based on the expected demand that each parcel of real property within the Community Facilities District will place on the Services and on the benefit that each parcel will derive from the Services. The City Council hereby determines the rate and method of apportionment of the special tax set foth in Exhibit 'oC" to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act; and such special tax is not on, or based upon, the value or ownership of real property. In the event that a portion of the property within the Community Facilities District shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Exhibit "C," the City Council shall, on behalf of the Communþ Facilities District cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Exhibit "C," to the extent necessary upon the remaining property within the Community Facilities District which is not exempt in order to yield the special tax revenues required for the purposes described in this Section. The obligation to pay special taxes may be not prepaid. SECTION 5. A public hearing (the "Hearing") on the establishment of the Community Facilities District shall be held at 5:00 p.m., or as soon thereafter as practicable, on January 14, 2020, at the City Hall Council Chambers, 130 Avram Avenue, Rohnert Park, California. If the City Council determines to establish the Community Facilities District, a special election will be held to authorize the levy of the special tax and to approve an appropriations limit for the Community Facilities District in accordance with the procedures contained in Government Code Section 53326. If such election is held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the Community Facilities District at the close of the Hearing, or the authorized representative thereof having one vote for each acre or portion thereof owned within the Community Facilities District. Ballots for the special election may be distributed by mail or by personal service. Resolution 2019-147 2 SECTION 6. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Community Facilities District, may appear and be heard. SECTION 7. Each City officer who is or will be responsible for providing the Services within the Community Facilities District, if it is established, is hereby directed to study the Community Facilities District and, at or before the time of the Hearing, file a report with the City Council containing a brief description of the public services by type which will, in his or her opinion, be required to meet adequately the needs of the Community Facilities District and an estimate of the cost of providing those public services and an estimate of the fair and reasonable cost ofany Incidental Expenses to be incurred. SECTION 8. The Cify may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by the City in establishing the Community Facilities District. The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest. SECTION 9. The City Clerk is hereby authorized and directed to publish a notice (the ooNotice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Community Facilities District. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. The City Clerk is further authorized and directed to mail a copy of the Notice to each of the landowners within the boundaries of the Community Facilities District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the Communþ Facilities District and a description of the proposed voting procedure for the election required by the Act. SECTION 10. This Resolution shall be effective upon its adoption. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park. DULy AND REGULARLY ADOPTED this 26th day of November, 2019. CITY OF Frt L Gina Mayor ATTEST: Cl \A^v} .,c-ra,Xr< ÆÑm g uergiler, C ity C I erk Attachments: Exhibit A, B and C ArLd srnFFoRD: 4ü.n""rnair: f!É BELFoRTE: Éþatr Noiìs: ( ô ) ABSENT: ( t ) ABSTAIN: ( Ò ) Resolution 2019-147 aJ ADAMS : É-rlârtlacKENZIE : AYES: ( L{ ) Exhibit B DESCRIPTION OF SERVICES AND INCIDENTAL EXPENSES The proposed Services to be funded from the special taxes include: the provision of public safety services to developed property, the maintenance, rehabilitation and reconstruction of publically owned landscapes, parks, playgrounds, signage, curbs, gutters, sidewalks, and decorative walls, and the permitting, operation, maintenance, monitoring, rehabilitation and reconstruction of publically owned drainage and storm water treatment systems, together with all appurtenances and appurtenant work in connection with the foregoing and any other expense incidental to providing the Services and maintaining the facilities that provide the Services, all to the extent that such services are in addition to those provided in the territory of the Community Facilities District prior to its creation. The Services listed herein are representative of the types of Services authorized to be funded by the Community Facilities District and the detailed scope and limits of specific maintenance activities and projects will be determined as appropriate, consistent with the standards of the City. Addition, deletion or modification of descriptions of the Services may be made consistent with the requirements of the City Council of the City of Rohnert Park and the Mello Roos Community Facilities District Act of 1982. The Incidental Expenses to be paid from the special taxes include: all costs associated with the annual administration cost of the Community Facilities District including the costs of developing budgets, calculating the special taxes and levying the taxes with the County of Sonoma for collection. Annual administration costs may include costs for City staff time as well as outside legal and financial consultants and any fees charged by the County of Sonoma. City of Rohnert Park CFD No. 2019-1 1 October 16, 2019 CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2019-1 (Westside Residential Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Special Taxes shall be levied on all Assessor’s Parcels in the City of Rohnert Park Community Facilities District No. 2019-1 (Westside Residential Services) (“CFD No. 2019-1”) and collected each Fiscal Year commencing in Fiscal Year 2019-20, in an amount determined by the City Council of the City of Rohnert Park through the application of the Rate and Method of Apportionment, as described below. All of the real property in CFD No. 2019-1, 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 as may hereinafter be set forth have the following meanings: “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2019-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 2019-1, or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 2019-1 related to an appeal of the Special Tax; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead related to CFD No. 2019-1; and amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Annual Special Tax” means the Special Tax levied in any Fiscal Year to pay the Annual Special Tax Requirement, as defined below. “Annual Special Tax Requirement” means the amount necessary in any Fiscal Year to pay the cost of the Services, Administrative Expenses, an amount to create a sinking fund for Services that could not otherwise be funded in a given Fiscal Year, an amount to build a reserve fund for capital replacement, and an amount equal to Special Tax delinquencies based on the historical delinquency rate for Special Taxes, as determined by the CFD Administrator. “Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. City of Rohnert Park CFD No. 2019-1 2 October 16, 2019 “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 Assessor’s Parcel by the County for purposes of identification. “Certificate of Occupancy” means a certificate issued by the Building Division of the City, or a letter written by the Building Division of the City to the CFD Administrator, to confirm that a Unit or a building that consists of multiple Units has met all of the applicable building codes and can be occupied for residential use. “Certificate of Occupancy” may include any temporary certificate of occupancy issued by the City. “CFD Administrator” means an official of the City responsible for determining the Annual Special Tax Requirement, providing for the levy and collection of the Annual Special Tax, and performing the other duties provided for herein. “CFD No. 2019-1” means City of Rohnert Park Community Facilities District No. 2019-1 (Westside Residential Services). “City” means the City of Rohnert Park, California. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2019-1. “County” means the County of Sonoma. “CPI” means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers, All Items, in the San Francisco-Oakland-Hayward area, measured in the month specified in this Rate and Method of Apportionment. In the event this index ceases to be published, the CPI shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco-Oakland- Hayward area. “Developed Property” means all Taxable Property in CFD No. 2019-1 for which a building permit or special use permit for new construction has been issued by the City prior to June 1 of the preceding Fiscal Year. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Maximum Annual Special Tax” means, with respect to an Assessor’s Parcel of Taxable Property, the maximum Annual Special Tax determined in accordance with Sections C and D below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. City of Rohnert Park CFD No. 2019-1 3 October 16, 2019 “Maximum One-Time Special Tax” means, with respect to an Assessor’s Parcel of Taxable Property, the maximum One-Time Special Tax determined in accordance with Sections C and D below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Multiple Family Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers. “One-Time Special Tax” means the Special Tax levied on Developed Property and collected in full by the City, at the time of issuance of a Certificate of Occupancy for each Unit or a building that consists of multiple Units, to partially offset the projected fiscal deficit to the City’s general fund created by each Unit. “Property Owner Association Property” means, for each Fiscal Year, property within the boundaries of CFD No. 2019-1 that was owned by a property owner association, including any master or sub-association, as of June 1 of the prior Fiscal Year. “Proportionately” means that the ratio of the actual Annual Special Tax levy to the Maximum Annual Special Tax is equal for all Assessor’s Parcels of Developed Property. “Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 2019-1 that is: (i) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency; or (ii) encumbered by an easement for purposes of public or utility right-of-way that makes impractical its use for any purpose other than that set forth in such easement, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax. “Services” means the services authorized to be financed, in whole or in part, by CFD No. 2019-1. “Special Tax” means the special tax authorized by the qualified electors of CFD No. 2019-1 to be levied within the boundaries of CFD No. 2019-1; separately, the Annual Special Tax and the One-Time Special Tax. “State” means the State of California. “Taxable Property” means, for each Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2019-1 which are not exempt from the Special Tax pursuant to law or Section E below. City of Rohnert Park CFD No. 2019-1 4 October 16, 2019 “Undeveloped Property” means any Taxable Property that is not Developed Property. “Unit” means an individual single-family attached or detached home, townhome, condominium, apartment unit, or other residential dwelling unit, including each separate dwelling unit within a half-plex, duplex, triplex, fourplex, or other residential building. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, beginning with Fiscal Year 2019-20, all Taxable Property within CFD No. 2019-1 shall be classified as Developed Property or Undeveloped Property, and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C through D below. C. MAXIMUM SPECIAL TAX The Maximum Annual Special Tax and the Maximum One-Time Special Tax for each Assessor’s Parcel classified as Multiple Family Property shall be $870 per Unit in Fiscal Year 2019-20. On June 1, 2020, and June 1 of each subsequent Fiscal Year, the Maximum Annual Special Tax and the Maximum One-Time Special Tax to be applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to the percentage increase, if any, in the CPI from June 1 of the prior Fiscal Year to June 1 of the current Fiscal Year. D. METHOD OF LEVY OF THE SPECIAL TAX 1. Annual Special Tax Each Fiscal Year, the CFD Administrator shall determine the Annual Special Tax Requirement and levy the Annual Special Tax Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the Maximum Annual Special Tax for each Assessor’s Parcel until the amount levied on Developed Property is equal to the Annual Special Tax Requirement. 2. One-Time Special Tax The Maximum One-Time Special Tax determined pursuant to Section C above shall be levied on all Taxable Property in CFD No. 2019-1 and shall be collected as set forth in Section G below. E. EXEMPTIONS Notwithstanding anything in this Rate and Method of Apportionment to the contrary, no Special Tax shall be levied on Public Property or Property Owner Association Property. City of Rohnert Park CFD No. 2019-1 5 October 16, 2019 F. APPEALS Any property owner may file a written appeal of the Special Tax with CFD No. 2019-1 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 Special Taxes. In addition, during the term of the appeal process, all Special Taxes 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 the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Tax levy(ies). 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. MANNER OF COLLECTION 1. Annual Special Tax The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the Annual Special Tax may be collected in such other manner as the City Council shall determine, including direct billing of affected property owners. 2. One-Time Special Tax The Maximum One-Time Special Tax shall be collected at the time a Certificate of Occupancy is issued for a Unit or a building that consists of multiple Units within CFD No. 2019-1, and shall be immediately delinquent if not so paid. H. TERM OF SPECIAL TAX The Annual Special Tax shall continue to be levied indefinitely on an annual basis on all Taxable Property in CFD No. 2019-1. City of Rohnert Park CFD No. 2019-1 6 October 16, 2019 I. INTERPRETATION OF SPECIAL TAX FORMULA The City reserves the right to make minor administrative and technical changes to this Rate and Method of Apportionment that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this Rate and Method of Apportionment shall be left to the City’s discretion. Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.