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2021/04/27 City Council Resolution 2021-045 RESOLUTION NO. 2021-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING INTENTION TO FORM THE BRISTOL 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 for 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 City Council of the City (the "City Council") desires to initiate the requested proceedings by adopting this resolution of intention as provided in Section 53321 of the Government Code and to establish the Community Facilities District consisting of the territory described in Exhibit "A" 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 (1) increased levels of one or more of the services described in California Government Code Section 53313 that are in addition to those services provided to the territory proposed to be included in the Community Facilities District at the time the Community Facilities District is created, including the maintenance of public facilities within the Community Facilities District, 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 `B", 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 RESOLVED, by the City Council of the City of Rohnert Park that it does hereby find, determine, resolve and order as follows: SECTION 1. The above recitals are true and correct. SECTION 2. A community facilities district is proposed to be established under the terms of the Act to be designated as "City of Rohnert Park Community Facilities District No. 2021-01 (Bristol 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 "A" 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 Community 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 set forth in Exhibit`B" hereto and 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 occurring 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 forth in Exhibit "C" 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 Community 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 June 8, 2021, 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 Resolution 2021-045 2 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. 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 of any Incidental Expenses to be incurred. SECTION 8. The City 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 "Notice") 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 registered voter and 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 Community 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. Resolution 2021-045 3 DULY AND REGULARLY ADOPTED this 27"' day of April, 2021. CITY O,p4W,,HNERT PARK e uidice, Mayor ATTEST: Sylvia Lop uevas, City Clerk Attachments: Exhibit A Exhibit B Exhibit C ADAMS• LINARES: STAFFORD• ELWARD: GIUDK E• AYES: ( ) O S �: I ABSE T: ( S) ABSTAIN' (,) � Resolution 2021-045 4 COUNTY RECORDER'S STATEMENT FILED THIS _____ DAY OF ____________, 20__, AT _____O'CLOCK _.M. IN BOOK _____ OF MAPS, PAGE(S) ________ OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AND AS INSTRUMENT No. ________ IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SONOMA, STATE OF CALIFORNIA, AT THE REQUEST OF MARY GRACE PAWSON, CITY ENGINEER. FEE PAID $SIGNED RECORDER OF THE COUNTY OF SONOMA STATE OF CALIFORNIA DOCUMENT NO. BY: CITY CLERK'S STATEMENT I, SYLVIA LOPEZ CUEVAS, CITY CLERK OF THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, DO HEREBY STATE THAT THIS MAP, SHOWING THE PROPOSED BOUNDARIES OF COMMUNITIES FACILITIES DISTRICT 2021-01 (BRISTOL SERVICES), WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, AND IS ON FILE IN MY OFFICE. THIS __________ DAY OF __________________________ 2021 BY ITS RESOLUTION 2021 DATE: SYLVIA LOPEZ CUEVAS, CITY CLERK CITY OF ROHNERT PARK STATE OF CALIFORNIA PROPOSED BOUNDARIES OF CITY OF ROHNERT PARK COMMUNITIES FACILITIES DISTRICT 2021 01 CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA Bristol Community Facilities District Exhibit B DESCRIPTION OF SERVICES AND INCIDENTAL EXPENSES The Services (“services” shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982) proposed to be financed by the special taxes, including all related administrative and incidental expenses are : the provision of public safety and police protection services to developed property, the maintenance and rehabilitation of publicly owned streets, the maintenance, and rehabilitation of publically owned landscapes, lighting, signage, curbs, gutters, and sidewalks, and the permitting, operation, maintenance, monitoring, maintenance and rehabilitation 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 creation of the Community Facilities District and 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. 2021-1 1 April 20, 2021 CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BRISTOL – 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. 2021-1 (Bristol – Services) (“CFD No. 2021-1”) and collected each Fiscal Year commencing in Fiscal Year 2021-22, 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. 2021-1, 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. 2021-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 2021-1, 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. 2021-1 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. 2021-1; and amounts estimated or advanced by the City or CFD No. 2021-1 for any other administrative purposes of CFD No. 2021-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “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 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. “CFD Administrator” means an official of the City responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Tax, and performing the other duties provided for herein. City of Rohnert Park CFD No. 2021-1 2 April 20, 2021 “CFD No. 2021-1” means City of Rohnert Park Community Facilities District No. 2021-1 (Bristol – 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. 2021-1. “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 CFD Administrator that is reasonably comparable to the Consumer Price Index for the San Francisco-Oakland-Hayward area. “Final Mapped Property” means, for each Fiscal Year, all Taxable Property that as of June 1 of the previous Fiscal Year was located within a Final Subdivision Map. The term Final Mapped Property shall include any parcel map or Final Subdivision Map, or portion thereof, that creates individual lots for which a building permit may be issued, excluding Parcels that are designated as a remainder Parcel (i.e., one where the size, location, etc., precludes any further subdivision or taxable use). “Final Subdivision Map” means a final tract 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 a condominium plan recorded pursuant to California Civil Code 1352 that, in either case, creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Maximum Special Tax” means, with respect to an Assessor’s Parcel of Taxable Property, the maximum 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. “Property Owner Association Property” means, for each Fiscal Year, property within the boundaries of CFD No. 2021-1 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 Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Final Mapped Property. “Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 2021-1 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 City of Rohnert Park CFD No. 2021-1 3 April 20, 2021 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. 2021-1. “Special Tax” means the special tax authorized by the qualified electors of CFD No. 2021-1 to be levied in any Fiscal Year within the boundaries of CFD No. 2021-1 to pay the Special Tax Requirement, as defined below. “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. “State” means the State of California. “Taxable Property” means, for each Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2021-1 which are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means any Taxable Property that is not Final Mapped Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, beginning with Fiscal Year 2021-22, all Taxable Property within CFD No. 2021-1 shall be classified as Final Mapped 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 Special Tax for each Assessor’s Parcel classified as Final Mapped Property shall be $2,155 per Parcel in Fiscal Year 2021-22. On June 1, 2022, and June 1 of each subsequent Fiscal Year, the Maximum 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. City of Rohnert Park CFD No. 2021-1 4 April 20, 2021 D. METHOD OF LEVY OF THE SPECIAL TAX Each Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and levy the Special Tax Proportionately on each Assessor’s Parcel of Final Mapped Property up to 100% of the Maximum Special Tax for each Assessor’s Parcel until the amount levied on Final Mapped Property is equal to the Special Tax Requirement. 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. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the Special Tax may be collected in such other manner as the City Council shall determine, including direct billing of affected property owners. G. TERM OF SPECIAL TAX The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for Services. H. 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.