Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARING (ACTION)
To: City Council
Subject: CONSIDERATION TO ADOPT RESOLUTION APPROVING
ANNEXATION OF CERTAIN PROPERTY TO COMMUNITY
FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES) AND
TAKING ASSOCIATED ACTIONS
Date: August 12, 2025
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati adopt a Resolution approving the annexation of certain property to Community Facilities District No. 2017-01 (Public Services); approving the annexation map related thereto and authorizing and directing recording thereof; and authorizing and directing the preparation and recording of an amended notice of special tax lien related thereto.
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 “Future 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 currently. The assessment is to be increased each July 1st 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
In accordance with Government Code Section 53326 regarding Proceedings to Create a Community Facilities District , the vote for annexation is to be by the landowner(s) if the number of registered voters associated with the property is less than twelve (12). The attached confirmation letter from the Sonoma County Clerk-recorder-Assessor, Registrar of Voters Division, confirms there are three registered voters associated with APN 046-223-018.
Pink Viking ORH, LLC, as the sole owner of the 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 confirms that no majority protest exists, and approves annexing the Property identified as Assessor’s Parcel No. 046-223-018 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
It can be determined with certainty that there is no possibility that the annexation of certain property to the existing CFD No. 2017-01 and the taking of the associated actions set forth above would have a significant effect on the environment. Therefore, based on the information provided above, the adoption of the resolution to approve annexation of certain property to the existing CFD No. 2017-01 and its associated actions is found to be 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.