Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ADOPTION OF RESOLUTION DECLARING INTENTION TO
ANNEX CERTAIN PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 2017-01 (PUBLIC SERVICES)
Date: July 8, 2025
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended that the City Council of the City of Cotati adopt a Resolution Declaring Intention to Annex Certain Property to Community Facilities District No. 2017-01 (Public Services) and fixing August 12, 2025 as the hearing date with respect to the proposed annexation.
Background
The Mello-Roos Community Facilities Act of 1982, beginning with Government Code Section 53311 (the “Act”), is the statutory framework that provides the authority and describes the methodology that local agencies may use to form Community Facilities Districts (CFDs) and levy special taxes within the boundaries of those CFDs. Under the Act, CFDs may be used to fund certain authorized public services and related incidental administrative and incidental expenses.
On September 12, 2017, the Council adopted a Resolution establishing CFD No. 2017-01, establishing the initial boundaries of CFD No. 2017-01 and designating the remaining property within the corporate boundary of the City of Cotati as future annexation area (the “Futur e Annexation Area”) of which the City Council intended to later authorize annexation of specific portions of the Future Annexation Area with an expedited annexation procedure authorized by the Act. The special tax currently levied on all nonexempt taxable parcels within the CFD is in accordance with the rate and method of apportionment of the special tax (“RMA”). The RMA specified an initial maximum special tax assessment per dwelling unit for Fiscal Year 2017-2018 of $644.86 for single family residential property and $429.91 for multi-family property.
Currently, the single-family residential property is $800.82. There are no multi-family properties in the CFD at this time. The assessment is to be increased each July 1 by the greater of the change in the San Francisco Urban Consumer Price Index or two percent (2%), with a maximum annual increase of four percent (4%) for any given year.
Analysis/Discussion
Pink Viking ORH, LLC, as the sole owner is the owner of property within the Future Annexation Area identified as Assessor’s Parcel No. 046-223-018 (the “Subject Property”), submitted to the City Clerk an instrument entitled “Request and Unanimous Approval for Annexation and Landowner-Voter Ballot” containing (a) a request that the Subject Property be annexed to CFD No. 2017-01, (b) a statement of unanimous approval of the Landowner for such annexation and (c) an affirmative vote of the Landowner in favor of authorizing the City to levy the Special Tax on the Subject Property.
By adopting the proposed Resolution, the City Council declares its intention to approve the proposed annexation and to schedule a public hearing with respect to the proposed annexation for August 12, 2025. On that date, the Council will conduct a public hearing, confirm that no majority protest exists, and may adopt a resolution annexing the Subject Property into CFD No. 2017-01.
The result will allow the special tax to be levied on all nonexempt taxable parcels within the Subject Property.
Financial Considerations
The Landowner has paid the costs of processing the annexation into the existing CFD. The costs of providing services and administering the CFD will be covered by the special taxes levied within the CFD.
Environmental Issues
Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.
This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.