RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
DECLARING INTENTION TO ANNEX CERTAIN PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES) WHEREAS, the City Council (the “City Council”) of the City of Cotati (the “City”) has previously formed the City of Cotati Community Facilities District No. 2017-01 (Public Services) (“CFD No. 2017-01”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to provide for the levy of a special tax (the “Special Tax”) on all taxable property within the boundary of CFD No. 2017-01 for the purpose of financing certain authorized public services (the “Public Services”); and WHEREAS, in connection with the formation of CFD No. 2017-01, the City Council (a) approved a boundary map for CFD No. 2017-01 (the “Boundary Map”), showing the initial boundary of CFD No. 2017-01, and (b) designated the remainder of the property within the corporate boundaries of the City as future annexation area (the “Future Annexation Area”), which is also shown on the Boundary Map; and
WHEREAS, pursuant to the Act, any property within the Future Annexation Area may be annexed to CFD No. 2017-01 pursuant to the provisions of Chapter 3.5 of the Act, including the provisions that such annexation be supported by the unanimous approval of the owners of such property; and
WHEREAS, representatives of Pink Viking ORH,, LLC (the “Landowner”), as the sole owner of property within the Future Annexation Area identified as Assessor’s Parcel No. 046- 223-018 (the “Subject Property”), have submitted to the City an instrument entitled “Request and Unanimous Approval for Annexation and Landowner-Voter Ballot” (the “Request and Unanimous Approval”), 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 in accordance with the Council-approved rate and method of apportionment of special taxes for CFD No. 2017-01 (the “RMA”), a copy of which RMA is attached as an exhibit to the Request and Unanimous Approval; and WHEREAS, the City Council, wishes by this resolution, to declare its intention to approve the proposed annexation as requested and to schedule a public hearing with respect to the proposed annexation for August 12, 2025 (the “Hearing Date”); and WHEREAS, the City is in receipt of a certificate of the Registrar of Voters for the County of Sonoma (the “Registrar’s Certificate”), confirming that there were no registered voters residing on the Subject Property as of the date of the Registrar’s Certificate, which is less than 90 days prior to the Hearing Date; and
WHEREAS, pursuant to Section 53326 of the Act, and on the basis of the Registrar’s Certificate and the recitals in the Request and Unanimous Approval, the Landowner is hereby determined to be the sole elector authorized to vote on the levy of the Special Tax on the Subject Property when annexed to CFD No. 2017-01; and
WHEREAS, 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.
NOW, THEREFORE, the City Council of the City of Cotati hereby finds, determines and resolves as follows:
Section 1. The foregoing recitals are true and correct, and the City Council hereby expressly so finds and determines.
Section 2. The Boundary Map which establishes the initial boundaries of CFD No. 2017-01 is on file with the City Clerk. The Subject Property is shown on the map entitled Annexation Map No. 2025-01 (“Annexation Map”) attached hereto as Exhibit A, the boundaries of which are hereby preliminary approved.
Section 3. The Public Services authorized for CFD No. 2017-01 are set forth in Exhibit B, attached hereto by this reference and made part hereof. It is presently intended that the Public Services shall be shared without preference or priority by the existing territory in CFD No. 2017- 01 and the Subject Property to be annexed into CFD No. 2017-01.
Section 4. Except where funds are otherwise available, the Special Tax will be annually levied on all nonexempt taxable parcels within the Subject Property in accordance with the RMA.
Section 5. No alteration in the Special Tax rate authorized to be levied within CFD No. 2017-01 shall be made as a result of the proposed annexation.
Section 6. The City Council hereby fixes 6:00 p.m. or as soon thereafter as practicable, on August 12, 2025, at the regular meeting place of the Cotati City Council, City Council Chamber, City Hall, 201 W. Sierra Avenue, Cotati, California, as the Hearing Date.
Section 7. The Deputy City Clerk is hereby directed to give notice of the hearing in accordance with Sections 53339.4, 53322 and 53322.4 of the Act by publication in a newspaper of general circulation published the area of the proposed annexation area once at least seven (7) days prior to the hearing and by first class mail to each registered voter and each landowner within the territory proposed to be annexed to CFD No. 2017-01 at least fifteen (15) days before the hearing. The notice shall be substantially in the form specified in section 53339.4 of the Act.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the 8th day of July 2025, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney