This chapter shall be known and may be cited as the "City of Santa Rosa Special Tax Financing Code," and shall be referred to herein as the "this code" or "this chapter".
(Ord. 3527 § 2, 2001; Ord. 3774 § 4, 2006)
This code is adopted pursuant to Sections 3 and 52 of the Charter of the City of Santa Rosa. In proceedings had pursuant to this code which are a municipal affair, any general laws referred to in this code are deemed a part of this code. In the event that any proceeding had pursuant to this code shall be adjudged a state affair, it is declared to be the inten-tion that the proceedings were had pursuant to any applicable general law or laws.
This code provides an alternative method of financing certain public and private capital facilities and municipal services. The provisions of this code shall not affect or limit any other provisions of law authorizing or providing for the furnishing of facilities or services, or the raising of revenue for these purposes. The City may use the provisions of this code instead of, or in conjunction with any other method of financing part of all of the cost of providing the authorized kinds of public and private capital facilities and municipal services. When proceeding under this code, only its provisions need be followed.
(Ord. 3527 § 2, 2001)
Any provision in this code which conflicts with any general law or act shall prevail over the other such provision in connection with any proceedings taken pursuant to this code.
In the event any portion of this code shall be declared illegal, unenforceable, or unconstitutional, such provision shall be deemed severable from the rest of the provisions of this code.
(Ord. 3527 § 2, 2001)
The City Council may take any actions or make any determinations which it determines are necessary or convenient to carry out the purposes of this code and which are not otherwise prohibited by law. Any procedure not expressly set forth in this code, but deemed necessary or convenient to carry out any of its purposes, is authorized.
(Ord. 3527 § 2, 2001)
Any proceedings taken or special tax levied pursuant to this chapter shall not be held invalid for failure to comply with the provisions of this chapter provided such failure is not a constitutional defect.
(Ord. 3527 § 2, 2001)
The remedies provided in this chapter for the enforcement of any special tax levied pursuant to this chapter are not exclusive, and additional remedies may be provided at anytime.
(Ord. 3527 § 2, 2001)
Proceedings under this chapter may be abandoned at anytime prior to the levy of special taxes.
(Ord. 3527 § 2, 2001)
(A)
This chapter is to be liberally construed.
(B)
The words, "including" and "includes" as used in this chapter are terms of enlargement and broadening and not terms of limitation, whether or not they are accompanied by the clause "but not limited to" or "without limitation".
(Ord. 3527 § 2, 2001; Ord. 3774 § 5, 2006)
The Mello-Roos Community Facilities Act of 1982 (commencing with Section 53311 of the California Government Code) (the "Act"), as amended from time to time, is incorporated in and made a part of this chapter. Except as otherwise provided by this chapter, the mode and manner of making improvements and for levying and collecting special taxes shall be as prescribed in the Act. It is hereby specifically provided that in proceedings under this chapter exclusively for maintenance and/or services, the provisions of Section 53312.7 of the Act, relating to goals and policies, shall not apply.
(Ord. 3527 § 2, 2001)
Proceedings under this chapter shall be conducted under the authority contained in Section 4-56.090 for special taxes, which authority shall be designated in the resolution of intention for such proceedings.
(Ord. 3527 § 2, 2001)
Under this chapter, the following shall apply in addition to those in the Act:
shall include the installation, construction, planting and/or acquisition of any public or private (1) landscaping, including trees, shrubs, flowers, groundcover, grass or other ornamental and/or erosion control or buffer or "back-on" landscaping or vegetation, irrigation systems and controls, statuary, fountains, water features or other ornamental structures, fencing, sound walls or other barriers, lighting facilities and related signage (2) streets, including any street, highway, road, alley, lane, boulevard, pedestrian mall, parkway, bicycle or pedestrian path, trail, gutters, sidewalks with or without curbs and gutters, or other way dedicated to or used for travel and all appurtenances including medians, street trees, soundwalls, traffic signals and warning devices, street signs, street lights and utility conduits; (3) parks, including recreational facilities, play fields, park or recreation administrative or neighborhood community center facilities, open space, natural areas hiking trails and access points; (4) water and sewer facilities, including mains, valves, fittings, fire hydrants, pumps, reservoirs, controls, chains, tunnels, sewers, conduits, culverts, and channels for drainage purposes; with necessary outlets, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, treated effluent dispersal sites and appurtenances; (5) flood control and storm drainage facilities, including, pipes, mains, channels, weirs, bulkheads, retention and detention basins, drop inlets, headwalls, dikes, levees, rip rap, vegetation and appurtenances; (6) riparian habitat, including stream beds, vegetation and related features; and (7) public service facilities, including, but not limited to, police and fire facilities and associated equipment.
shall include, together with any and all costs incidental to the creation of the district or any annexation thereto, including costs of reports, publications, notices, City staff, engineers attorneys, special tax consultants and other required consultants, planning, designing, constructing or acquiring the improvements, including any environmental evaluations and all costs and expenses incurred in connection with the administration of a district created pursuant to this chapter or with the enforcement of the duty of a property owner pursuant to this code to maintain or repair any improvement, including but not limited to compensation of any attorney and/or consultant employed to render services in connection with such district or such enforcement proceedings.
shall include:
The operation, maintenance, cleaning, repair, replacement, or removal of any facility which can be financed under this code or the Act; and
To the extent not included in subsection (C)(1) of this section:
The operation, maintenance, cleaning, repair, replacement or removal of any landscaping and any ancillary improvements, including, without limitation, cultivation, irrigation, trimming, spraying, fertilizing, treating for disease or injury, and the removal of debris, rubbish, trimmings, or other solid waste;
The cleaning, sandblasting and painting of walls or other improvements to remove graffiti, any of which items may be necessary and/or convenient for the care and preservation of any facility listed in subsection (A) of this section;
Riparian habitat restoration and/or preservation, including studies, testing, monitoring, weed abatement, dredging, and desiltation; and
Any measures, including, without limitation, studies, testing, and monitoring, required to prevent or remediate any soil movement or slippage.
(Ord. 3527 § 2, 2001; Ord. 3774 § 2, 2006)
It is specifically provided that in proceedings under this code for maintenance and/or services, the following shall not apply:
(A)
The final paragraph of Section 53313 of the Act.
(B)
The limitations set forth in the third and fourth sentences of Section 53313(c) of the Act.
(C)
The second sentence of Section 53339.3(d) of the Act.
(Ord. 3774 § 3, 2006)
The name of any district created under this chapter shall be substantially as follows: "City of Santa Rosa, Special Tax District No. _ (_____)." Districts created hereunder shall be deemed financing districts and not separate governmental agencies, distinct from the City.
(Ord. 3527 § 2, 2001)
Community facilities districts may be created pursuant to this chapter within the territorial jurisdiction of the City, or upon compliance with the procedures set forth in Sections 5115 through 5118 of the Streets and Highways Code, may extend beyond the territorial limits of the City.
(Ord. 3527 § 2, 2001)
Any agreement by and between the City and another public agency for the financing, ownership and/or operation and/or maintenance of any facility or the provision of any service maybe entered into at any time (before or after adoption of any resolution of formation for any district) at the determination of the City Council.
(Ord. 3527 § 2, 2001)
For purposes of any property-owner voter election, a public agency as owner of property whether or not such property is leased, shall be deemed a qualified elector and entitled to vote. For purposes of determining electors, any property used primarily for hotel or residential hotel purposes shall be deemed a commercial and a non-residential use.
(Ord. 3527 § 2, 2001)
(A)
If a public agency owning property, including property held in trust for any beneficiary, which is otherwise exempt from a special tax grants a leasehold or other possessory interest in the property to a nonexempt person or entity the special tax shall be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest.
(B)
When entering into a lease or other written contract creating a possessory interest that may be subject to taxation, pursuant to Section 4-56.160(A), the public agency shall include, or cause to be included, in the contract a state-ment that the property interest may be subject to special taxation pursuant to this chapter, and that the party in whom the possessory interest is vested may be subject to the payment of special taxes levied on the interest. Failure to comply with the requirements of this section shall not, however, invalidate the contract.
(C)
If the special tax on any possessory interest levied pursuant to Section 4-56.160(A) is unpaid when due, the tax collector may use those collection procedures which axe available for the collection of special taxes on the unsecured roll.
(Ord. 3527 § 2, 2001)
The Council may, by resolution, determine that the estimated cost of any services authorized under this code is greater than can be conveniently raised from the single installment or imposition and order that the estimated cost shall be raised by a special tax levied and collected in installments over such period of time as may be set forth in that resolution. Special taxes may be collected upon the County tax roll or in any other suitable manner, including direct billing to property owners or otherwise, as may be prescribed by resolution of the Council adopted during or after the proceedings.
(Ord. 3527 § 2, 2001)
Any hearing required may be held not sooner than 15 days from the date of the resolution ordering such hearing, upon not less than five days published notice. Any published notice shall be sufficient if published one time in a newspaper of general circulation within the City. Any notice of hearing to be published may be in summary form with reference to documents on file in the office of the City Clerk for further information. Any hearing may be continued from time to time without further notice, but shall be completed within one year of the original hearing date. Any recording of any map required to occur before the conduct of any hearing shall be sufficient if such recoding is completed not less than five days before the date of such hearing. Any hearing maybe continued, from time to time, for any reason for a period of not to exceed one year from the original date of such hearing.
(Ord. 3527 § 2, 2001)
For purposes of any election herein, the unless otherwise waived by unanimous action of all qualified electors, the time for the conduct of the election shall be not less than 30 nor more than 120 days from the adoption of the Resolution of Formation or other resolution ordering such election. For purposes of any such election, the City Clerk shall be the election official responsible for conducting and canvassing such election.
(Ord. 3527 § 2, 2001)
The special tax ordinance may direct the Director of Administrative Services or other official of the City to annually prepare for and collect the special taxes according to the approved method of special tax apportionment without further annual action by the Council, unless an increase in the maximum tax or other alteration of such method of apportionment is sought.
(Ord. 3527 § 2, 2001)
Bonds maybe issued under this code to refund any outstanding special tax bonds, whether fixed lien bonds or any other improvement or special tax bonds, including ad valorem assessment or revenue bonds. Any savings achieved through the issuance of refunding bonds may be used by the City in any manner that it determines to be in the best financial interests of the City.
(Ord. 3527 § 2, 2001)
The Council may provide by separate resolution such appeals procedures as it may deem appropriate to facilitate the levy and enforcement of the special taxes. Such procedures may provide for the appeal of confirmed special taxes to the Director of Administrative Services or other official of the City responsible for the collection of the special taxes and grounds upon and times within such appeals must be made. There shall be no appeal from the decision of the appointed official to the Council or other official of the City. The taking of an administrative appeal under Section 4-56.150 shall be a precondition to bringing any action under Section 4-56.230 of this code.
(Ord. 3527 § 2, 2001)
The validity of any special tax levied under this code shall not be contested in any action or proceedings unless the action or proceeding is commenced within 30 days after effective date of any ordinance or resolution providing for the levy of such special tax. Thereafter, a special tax may be contested only for the purpose of challenging the accuracy of computation of the special tax. Any appeal from a final judgment in the action or proceeding shall be perfected within 30 days after the entry of judgment.
(Ord. 3527 § 2, 2001)
(A)
The real property of all new residential units for which any discretionary permit or approval is needed from the City is required to be annexed into City of Santa Rosa Special Tax District 2006-1 (Public Services) and, as applicable, pay its annual STD-Wide Special Tax.
(B)
Section 4-56.240(A) shall not apply to the following residential units, (1) a recorded lot or parcel lawfully created or yet to be created, but which has been subject to a previously approved discretionary action, permitting the development of a specific number of residential units on the property, such as the approval of a tentative subdivision or parcel map, or a use permit, where the discretionary approval has not expired and needs no further discretionary action(s); and (2) projects that provide 100% of the available units to low and very low income residents for a term of not less than that required by applicable State and local programs, which ever is longer.
(Ord. 3902 § 2, 2008)