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HomeMy WebLinkAbout2026/04/28 City Council Resolution 2026-029RESOLUTION NO. 2026-029 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2026-01 (REDWOOD CROSSINGS) CERTIFYING THE RESULTS OF ELECTIONS HELD WITHIN THE DISTRICT WHEREAS, the City Council called and duly held an election on April 28, 2026 within the boundaries of City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings) ("Community Facilities District No. 2026-01" or the "District") pursuant to Resolution No. 2026-028establishing the District adopted by the City Council on April 28, 2026 for the purpose of presenting to the qualified electors within the District, Propositions A and B, attached hereto as Exhibit A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk of the City of Rohnert Park (the "City Clerk") canvassing the results of the election within the District, a copy of which is attached hereto as Exhibit B; 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. Each of the above recitals is true and correct and is adopted by the legislative body of the District. Section 2. Propositions A and B presented to the qualified electors of the District on April 28, 2026, as set forth in Exhibit A hereto, were approved by more than two-thirds of the votes cast at said election and each of Propositions A and B has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition A as set forth in Exhibit A hereto for the purposes described therein. Section 3. The City Clerk is hereby directed to record in the Office of the Sonoma County Clerk -Recorder within fifteen days of the date hereof a notice of special tax lien with respect to the District, in the form required by Streets and Highways Code Section 3114.5, a form of which is attached hereto as Exhibit C. The City Clerk and other appropriate officers of the County are authorized to make all necessary revisions, additions and deletions to the form of notice of special tax lien attached hereto as necessary to finalize such notice for recordation. Section 4. This Resolution shall be effective upon its adoption. DULY AND REGULARLY ADOPTED BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ON this 28th day of April, 2026. CITY OF ROHNERT PARK Q-7 Emily Sanborn, Mayor ATTEST: c Sylvia Lopez Cuevas, City Clerk APPROVERAS TO FORM: Michelle Marchetti Kenyon, City Clerk Attachments: Exhibit A and Exhibit B ADAMS:4'GIUDICE: RODRIGUEZt"'!�ELWARD:A&ANBORN: {` YES: O NOES: (®) ABSENT:( 1) ABSTAIN: (O ) Resolution 2026-029 Page 2 of 2 EXHIBIT A CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO.2026-01 (REDWOOD CROSSINGS) SPECIAL TAX ELECTION April 28, 2026 You are entitled to cast votes. To vote, stamp a cross (+ or X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Registrar of Voters and obtain another. PROPOSITION A: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 2026-26 of the City YES Council of the City of Rohnert Park be levied to pay for the Services, Incidental Expenses and other purposes described in NO_ Resolution No. 2026-26 of the City Council of the City of Rohnert Park? PROPOSITION B: For each year commencing with Fiscal Year 2026-27, shall the appropriations limit, as defined by subdivision YES (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to [$100,000,000], increased NO_ annually in accordance with California law? A-] 4907-9824-2 71 7v2/024675-0016 EXHIBIT B CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Sylvia Lopez Cuevas, City Clerk of the City of Rohnert Park, do hereby certify that I have examined the returns of the Special Tax Election for City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings). The election was held at the City Council Chambers of the City of Rohnert Park located at 130 Avram Avenue, Rohnert Park, California 94928, on April 28, 2026 in accordance with Resolution 2026-028 establishing the District adopted by the City Council of the City of Rohnert Park on April 28, 2026 (the "Resolution"), and the undersigned has received a copy of the Resolution as required by Government Code Section 53326(a). A ballot was issued in the form required by the Resolution to the authorized representative of each qualified elector. One (1) ballots was returned. I further certify that the results of said election and the number of votes cast for and against each measure are as follows: Proposition A YES:_ NO: Proposition B YES:_ M TOTAL NUMBER OF VOTES CAST: One 1 Dated this 28`h day of April, 2026 Sylvia Lopez uevas, City Clerk B-1 4907-9824-2717v2/024675-0016 EXHIBIT C FORM OF NOTICE OF SPECIAL TAX LIEN C-1 4907-9824-2717v2/024675-0016 Recording Requested By and When Recorded Mail To: Stradling Yocca Carlson & Rauth LLP 660 Newport Center Drive, Suite 1600 Newport Beach, California 92660 Attn: Brian P. Forbath, Esq. This document is exempt from the payment of a recording fee pursuant to Government Code Section 6103. NOTICE OF SPECIAL TAX LIEN FOR CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO. 2026-01 (REDWOOD CROSSINGS) Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned City Clerk of the City of Rohnert Park, as the legislative body of City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings) (the "District"), State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Rohnert Park, State of California, sitting as the legislative body of the District (the "City Council") on the District. The special tax secured by this lien is authorized to be levied for the purpose of financing all or a portion of the costs of the types of services permitted pursuant to Section 53313 of the Government Code (the "Services"), 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, and administrative expenses to be incurred in connection with financing the Services and forming and administering the District. The special tax is authorized to be levied within the District, which District has now been officially formed, and the lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate, method of apportionment and manner of collection of the authorized special tax is as set forth in Appendix A attached hereto and incorporated herein by this reference. The obligation of parcels within the District to pay special taxes may not be prepaid. 4919-5718-1341v2/024675-0016 Notice is further given that upon the recording of this notice in the office of the Office of the County Clerk -Recorder of the County of Sonoma, State of California, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the District in accordance with Section 3115.5 of the Streets and Highway Code. The names of the owners and the assessor's tax parcel numbers of the real property included within the District and not exempt from the special tax are as set forth in Appendix B attached hereto and incorporated herein by this reference. Reference is made to the boundary map of the District recorded in the Office of the County Clerk -Recorder of the County of Sonoma, State of California, in Book 865 of Maps and Assessment and Community Facilities Districts at Page 22, on March 27, 2026, as Instrument No. 2026014616, which map is now the final boundary map of the District. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City Manager, City of Rohnert Park, 130 Avram Avenue, Rohnert Park, California 94928, telephone number (707) 588-2226. City Clerk of the City of Rohnert Park, acting in its capacity as the legislative body of City of Rohnert Park Community Facilities District No. 2026-01 (Redwood Crossings) 2 4919-5718-1341v2/024675-0016 APPENDIX A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR CITY OF ROHNERT PARK COMMUNITY FACILITIES DISTRICT NO.2026-01 (REDWOOD CROSSINGS) A-1 4919-5718-1341v2/024675-0016 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 1 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 2 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 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 3 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. City of'Rohnert Park CFD No. 2026-01 4 January 30, 2026 APPENDIX B NAME OF OWNER AND ASSESSOR'S PARCEL NUMBERS WITHIN THE DISTRICT NAME OF PROPERTY OWNER ASSESSOR PARCEL NUMBERS Redwood Crossings RP, LLC 143-040-135-000 a California limited liability company B-1 4919-5718-1341v2/024675-0016