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HomeMy WebLinkAbout2026/03/24 City Council Resolution 2026-026 RESOLUTION NO. 2026-026 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK TO ESTABLISH CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2026-01 (REDWOOD CROSSINGS) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES TO PAY THE COSTS OF PROVIDING CERTAIN PUBLIC SERVICES WHEREAS,the City of Rohnert Park(the"City")received a petition signed by the owner of more than ten percent of the land within the boundaries of the territory which is proposed for inclusion in a proposed community facilities district, which petition meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California; and WHEREAS, as provided in Section 53321 of the Government Code of the State of California the City Council of the City (the "City Council") desires to adopt this resolution of intention to establish a community facilities district consisting of the territory described in Attachment A hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as "City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings)" ("Community Facilities District No. 2026-01" or the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the "Act") to finance (1) the services authorized by Sections 53313 of the Act, which shall include but not be limited to those described in Attachment B (collectively, the "Services"), and (2) the incidental expenses to be incurred in connection with financing the Services and forming and administering the District(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 proposed Community Facilities District No. 2026-01; and WHEREAS, it is the intention of the City Council to consider financing the Services and the Incidental Expenses through the formation of Community Facilities District No. 2026-01 and the levy of a special tax within the District to pay for the Services and the Incidental Expenses, provided that the special tax levies are approved at an election to be held within the boundaries of the proposed 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. It is further proposed that the legal boundaries of Community Facilities District No.2026- 01 shall be those described in Attachment A hereto, which boundaries shall, upon recordation of the boundary map for proposed Community Facilities District No. 2026-01, include the entirety of any parcel subject to taxation by the District. The proposed boundaries of the District are depicted on the map of proposed Community Facilities District No. 2026-01 which is on file with the City Clerk. The City Clerk is hereby directed to sign the original map of the proposed boundaries and cause it to be recorded, with all proper endorsements, with the County Recorder of Sonoma County within 15 days after the Resolution 2026-026 Page 1 of 8 adoption of this resolution, as required by Section 3111 of the Streets and Highways Code of the State of California. Section 3. The name of the proposed community facilities district shall be "City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings)." Section 4. The Services proposed to be provided within Community Facilities District No. 2026-01 and to be financed are public services as defined in the Act and the City Council finds and determines that the Services to be financed are in addition to those provided in the territory of the District at the present time and do not supplant services already available within the territory of the District at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the proposed District to understand what the funds of the District may be used to finance. The Incidental Expenses expected to be incurred include the costs of planning the Services, the costs of forming the District and the costs of levying and collecting a special tax within the District and any other Administrative Expenses (as defined in Attachment C hereto). Section 5. 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 within the District, secured by recordation of a continuing lien against all nonexempt real property within the District sufficient to pay for the Services and the Incidental Expenses. The rate and method of apportionment and manner of collection of the special tax for the District are described in detail in Attachment C attached hereto, which Attachment C is incorporated herein by this reference. Attachment C allows each landowner within the proposed District to estimate the maximum amount that may be levied against each parcel. In the first year in which such special tax is levied in the District, the levy shall include an amount sufficient to repay to the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. The special taxes for Services, beginning June 1, 2027 and each June 1 thereafter, may be increased at a rate equal to the percentage increase, if any, in the consumer price index from June 1 of the prior fiscal year to June 1 of the current fiscal year to the extent permitted in the rate and method of apportionment of special tax as described in Attachment C hereto. The special tax for Services may be levied for such period as the Services are needed, as further described in Attachment"C"hereto. The special tax within the District is based on the expected demand that each parcel of real property within the District will place on the Services and on the benefit that each parcel derives from the right to access the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and other local government agencies in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the special tax for the proposed District as set forth in Attachment 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 District shall become for any reason exempt, wholly or partially, from the levy of the special tax specified on Attachment C, the City Council shall, on behalf of Community Facilities District No. 2026-01,cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Attachment C to the extent Resolution 2026-026 Page 2 of 8 necessary upon the remaining property within the proposed District which is not exempt in order to yield the special tax revenues required for the purposes described in this Section 5. Section 6. A public hearing (the "Hearing") on the proposed establishment of Community Facilities District No.2026-01 and the rate and method of apportionment of the special tax proposed for the District to finance the Services and the Incidental Expenses shall be held at 5:30 p.m., or as soon thereafter as practicable, on April 28, 2026, at the City Council Chambers of the City of Rohnert Park located at 130 Avram Avenue, Rohnert Park, California 94928. Should the City Council determine to form the District, a special election will be held within the District to authorize the levy of a special tax within the District in accordance with the procedures contained in Section 53326 of the Act. If held, the proposed voting procedure at the elections will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof,having one vote for each acre or portion thereof owned within the District. Ballots for the special elections may be distributed by mail or by personal service. Section 7. At the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the proposed Community Facilities District No. 2026-01 shall be established and as to the rate and method of apportionment of the special tax within the District. Section 8. At the time and place set forth above for the Hearing,any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2026-01, may appear and be heard. Section 9. Each officer who is or will be responsible for providing the Services within proposed Community Facilities District No.2026-01,if it is established,is hereby directed to study the proposed District and, at or before the time of the above-mentioned 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 proposed Community Facilities District No. 2026-01 and an estimate of the cost of providing those public services, including an estimate of the fair and reasonable cost of any Incidental Expenses to be incurred. Section 10. The District 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 in establishing Community Facilities District No. 2026-01. The District 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 11. The City Clerk is hereby 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 proposed Community Facilities District No.2026-01. The City Clerk shall cause the mailing of a copy of the Notice to each of the landowners within the proposed boundaries of the 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 proposed district and a description of the proposed voting procedure for the elections required by the Act. Such publication shall be completed at least seven(7)days prior to the date of the Hearing. Resolution 2026-026 Page 3 of 8 Section 12. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment of special taxes). Section 13. This Resolution shall be effective upon its adoption. DULY AND REGULARLY ADOPTED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ON this 24th day of March, 2026. CITY OF ROHNERT PARK Emily Sanborn, Mayor ATTEST: Elizabeth Machado, Assistant City Clerk = -_ "-: APPROVED AS TO FORM: Michelle M. Kenyon, City Attorney Attachments: A, B, & C ADAMS:PLie GIUDICE: a RODRIGUEZ gtj,ELWARD:dye SANBORN: 14i�L AYES: (5 ) NOES: (�) 'ABSENT:(pa ) ABSTAIN:(pf) Resolution 2026-026 Page 4 of 8 ATTACHMENT A PROPOSED BOUNDARIES OF CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2026-01 (REDWOOD CROSSINGS) The property proposed to be included in the City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings) consists of the property included in the boundaries of Community Facilities District No. 2026-01 depicted below: 15. a R Z a i 8 � 6 lq i a¢z LL lilt' . :tA E @@d€ S' g Lia O O �s� 9( I ' i ta iglg m 0 U i i $ ail 3n b !"13M100 b 1.6 ao ii logf_o_-iuy� 8 pi I 2° _r Ian APN of Proposed Community Facilities District No. 2026-01 143-040-135-000 Resolution 2026-026 Page 5 of 7 ATTACHMENT B TYPES OF SERVICES TO BE FINANCED BY CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2026-01 (REDWOOD CROSSINGS) The City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings) (the "District") shall be authorized to finance all or a portion of the costs of the types of services permitted pursuant to Government Section 53313, which shall include, but not be limited to, the following: the provision of public safety services to developed property, the maintenance, rehabilitation and reconstruction of publicly owned landscapes, parks, playgrounds, signage, curbs, gutters, sidewalks, and decorative walls, and the permitting, operation, maintenance, monitoring, rehabilitation and reconstruction of publicly 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 District prior to its creation. The Services listed herein are representative of the types of Services authorized to be funded by the 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 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. Resolution 2026-026 Page 6 of 7 R esolution 2026 -026 Page 7 of 7 ATTACHMENT C RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2026-01 (REDWOOD CROSSINGS) [Attached on following pages] City of Rohnert Park CFD No. 2026-01 1 January 30, 2026 CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2026-01 (REDWOOD CROSSINGS) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES Special Taxes applicable to each Assessor’s Parcel in the City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings) shall be levied and collected according to the tax liability determined by the CFD Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All Taxable Property in the CFD 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 (commencing with Section 53311), Part 1, Division 2, of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of the CFD: the costs of computing the Special Taxes and preparing the Annual Special Tax collection schedules; the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing the Annual Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or the CFD related to an appeal of Special Taxes; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead related to the CFD; and amounts estimated or advanced by the City or the CFD for any other administrative purposes of the CFD, 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. “Annual Special Tax Requirement” means the amount necessary in any Fiscal Year to pay the cost of Authorized Services, Administrative Expenses, an amount to create a sinking fund for Authorized 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 Annual Special Tax delinquencies based on the historical delinquency rate for the Annual Special Tax, as determined by the CFD Administrator. “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 designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, the number assigned to such Assessor’s Parcel by the County for purposes of identification. City of Rohnert Park CFD No. 2026-01 2 January 30, 2026 “Authorized Services” means the public services authorized to be funded by the CFD as set forth in documents adopted by the City Council when the CFD was formed. “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 Residential Unit or a building with multiple Residential 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” or “CFD No. 2026-01” means the City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings). “City” means the City of Rohnert Park, California. “City Council” means the City Council of the City, acting as the legislative body of the CFD. “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 as 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. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Maximum Annual Special Tax” means the maximum Annual Special Tax, determined in accordance with Section C, that can be levied in any Fiscal Year. “Maximum One-Time Special Tax” means the maximum One-Time Special Tax, determined in accordance with Section C, that can be levied on a Parcel of Residential Property in any Fiscal Year. “Maximum Special Taxes” means, collectively, the Maximum Annual Special Tax and the Maximum One-Time Special Tax. “One-Time Special Tax” means the special tax levied on Residential Property at the time of issuance of a building permit or special use permit for new construction pursuant to Section D below. “Proportionately” means that the ratio of the actual Annual Special Tax levied in any Fiscal Year to the Maximum Annual Special Tax authorized to be levied in that Fiscal Year is equal for all Parcels of Taxable Property. City of Rohnert Park CFD No. 2026-01 3 January 30, 2026 “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes. “Residential Property” means, in any Fiscal Year, all Assessor’s Parcels in the CFD for which a building permit or special use permit was issued by the City for construction of a structure consisting of one or more Residential Units. “Residential 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. “Special Taxes” means, collectively, the Annual Special Tax and the One-Time Special Tax. “Taxable Property” means, for each Fiscal Year, the following: For purposes of levying the One-Time Special Tax, all Parcels of Residential Property. For purposes of levying the Annual Special Tax, all Residential Units for which a Certificate of Occupancy was issued prior to preparation of the Annual Special Tax levy for the Fiscal Year. B. DATA FOR ANNUAL SPECIAL TAX LEVY Each Fiscal Year, the CFD Administrator shall identify the current Assessor’s Parcel Number for all Parcels of Taxable Property within the CFD. The CFD Administrator shall also determine the number of Residential Units built or to be built on each Parcel by referencing the building permit, Certificate of Occupancy, condominium plan, apartment plan, site plan or other development plan for the property. In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in the CFD was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels meets the definition of Taxable Property, the CFD Administrator shall calculate the Annual Special Tax for the property affected by recordation of the parcel map by determining the Annual Special Tax that applies separately to each parcel of Taxable Property, then applying the sum of the individual Annual Special Taxes to the original Assessor’s Parcel that was subdivided by recordation of the parcel map. C. MAXIMUM SPECIAL TAXES The Maximum Annual Special Tax and the Maximum One-Time Special Tax for each Assessor’s Parcel of Taxable Property shall be $1,066 per Residential Unit for Fiscal Year 2026-27. Beginning June 1, 2027 and each June 1 thereafter, the Maximum Special Taxes to be applied in the following 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. If the CPI has decreased, there shall be no corresponding decrease in the Maximum Special Taxes. City of Rohnert Park CFD No. 2026-01 4 January 30, 2026 D.METHOD OF LEVY OF THE SPECIAL TAXES 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 Taxable Property up to 100% of the Maximum Annual Special Tax for each Parcel until the amount levied on Taxable 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 Taxable Property in the CFD as set forth in Section E.2 below. E. 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 building permit or special use permit is issued for new construction within the CFD and shall be immediately delinquent if not so paid. F. TERM OF ANNUAL SPECIAL TAX The Annual Special Tax shall continue to be levied indefinitely on an annual basis on all Taxable Property in the CFD. G. 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 Taxes. 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.