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HomeMy WebLinkAboutCC Resolution 8839 (Loch Lomond #10 Special District Tax)RESOLUTION NO. 8839 RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10), CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA The City Council of the City of San Rafael resolves: 1. Reference is made to Resolution No. 8776 of this City Council adopted November 2, 1992 for the preliminary scope of the project and financing contemplated by these proceedings. 2. This City Council has conducted the public hearing set by Resolution No. 8776, and determines that a majority protest under Section 53324 of the Government Code was not made at the hearing. 3. There is hereby formed a community facilities district by the City of San Rafael under the terms of the Community Facilities Act of 1982, Chapter 2.5 of Division 2 of Title 5 of the California Government Code, commencing with Section 53311. The boundaries of the district are shown on the boundary map on file with the City Clerk and approved by this City Council in its Resolution No. 8775. The map was recorded in the office of the County Recorder of Marin County on November 6, 1992 in Book 3 of the Book of Maps of Assessment and Community Facilities Districts at Page 86. 4. The name of the community facilities district is "Community Facilities District No. 1992-1 (Loch Lomond #10), City of San Rafael, County of Marin, State of California," ("CFD 1992- 5. The types of public facilities and services authorized to be provided within CFD 1992-1 are set forth in Exhibit A attached to this Resolution. 6. The types of incidental expenses which may be incurred are set forth on Exhibit B attached to this Resolution. 7. Except where funds are otherwise available, a special tax sufficient to pay for such facilities and services, will be annually levied within CFD 1992-1. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California SF2-12482.1 41734-2-AW1-02/19/93 Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property within CFD 1992-1, and this lien shall continue in force forever. The rate and method of apportionment of the special tax is set forth in Exhibit C attached to this Resolution. 8. The office of the Director of Public Works of the City of San Rafael, 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 (415/485-3351) is designated as the office responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number, and for responding to inquiries regarding estimates of future special tax levies. The City may contract with private consultants to provide this service in lieu of the Director of Public Works. Any taxpayer who feels that the amount or formula of the Special Tax is in error may file an application with the Director of Public Works contesting the levy of the special tax. The Director of Public Works, or his or her appointee, shall promptly review the application, and if necessary, meet with the applicant. If the findings of the Director of Public Works or the appointee verify that the Special Tax should be modified or changed, a recommendation to that effect will be made to the City Council, and as appropriate, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted. If the Director of Public Works or the appointee denies the application, the taxpayer may appeal that determination within 14 days of the mailing of notification of denial, to the City Council under such procedures as the Council shall establish. The determination of the Council on the appeal shall be final for all purposes. The filing of an application or an appeal shall not relieve the taxpayer of the obligation to pay the Special Tax when due. 9. Interpretations may be made by Resolution of the Council for purposes of clarifying any vagueness or ambiguity as it relates to any of the terms or provisions of the special tax. 10. This City Council also hereby establishes the annual appropriations limit of CFD 1992-1 at $42,120.00 for the 1992-1993 fiscal year. SF2-12482.1 2 41734-2-AW1-02/19/93 11. In the election held in these proceedings, it is the intention of the Council that the electors will be the landowners of CFD 1992-1. 12. This City Council now finds and determines that all proceedings up to and including the adoption of this Resolution were and are valid and in conformity with the requirements of the Mello -Roos Community Facilities Act. This determination and finding is final and conclusive in accordance with Government Code Section 53325.1(b). I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 1st day of March, 1993, by the following vote, to wit: AYES: COUNCILMEM13ERS: Breiner, Cohen, Shippey, Thayer & Mayor Borc NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEUNE LEO�JNICity Clerk SF2-12482.1 3 41734-2-AW1-02/19/93 EXHIBIT A Authorized Facilities and Services A. Maintenance of drainage/landslide hazard mitigation facilities consisting of on-site drainage and sediment/debris control devices as follows: periodic clean out of debris/sediment from behind debris embankments, catchment walls, deflection walls, debris fences and from silting basins; timely repair of damage such as to debris fences, maintenance access roadways, V -ditches and standpipes; periodic clean out of any debris from V -ditches, storm drain pipes and other surface.drainage facilities; inspection and clean out of any obstructions in subdrain pipes. B. A sinking fund to be used to periodically make necessary replacements or repairs of any elements of the on-site drainage facilities, fire and access roads and sediment/debris control facilities within the District. C. The funding of a self-insurance reserve for the City in the initial amount of $500,000.00 to pay for costs to the City for damages due to sliding, erosion or drainage attributable to property or improvements within the Loch Lomond #10 subdivision including open space areas. If advances toward this reserve are made by private persons, these advances may be repaid under this authority, without interest, subject to maintaining the full self-insurance reserve. Interest earned on the fund shall inure to the benefit of the fund (subject to condition "vv" in Resolution No. 8243, adopted September 17, 1990). The "Fund Amount" shall be $500,000.00 plus interest actually earned and not credited under condition "vv," above. If the fund is ever tapped by a valid claim against the fund, it may be replenished up to the Fund Amount under this authority. EXHIBIT B Incidental Expenses and Administrative costs It is anticipated that the following incidental expenses and administrative costs may be incurred in, by or on behalf of the proposed community facilities district: Engineering services. City review and administration. Bond counsel services. Bond counsel out of pocket expenses. Publishing, mailing and posting of notices. Necessary consultant costs. Costs of posting and collecting the special taxes. Personnel costs of the City. EXHIBIT C Rate and Method of Auuortionment of Svecial Tax I. MAXIMUM RATE OF SPECIAL TAX Each residential parcel in the District shall be subject to an annual special tax of not to exceed $1,560.00 for fiscal year 1993-1994. In subsequent years the maximum annual special tax shall be the sum of: (a) $225.00 inflated from 1993-1994 according to the cost of living in the immediate San Francisco Bay Area, or personal income growth in the State of California, whichever is greater, as verified by official United States economic reports to support maintenance activities; (b) $100.00 inflated at the rate of 2% per year (compounded) from 1993-1994 to support the sinking fund; and (c) $1,852.00 to support the self-insurance fund. Up to one parcel within the District, and only so long as it remains in the status of a governmentally subsidized or governmentally regulated, designated, certified, restricted or sponsored below-market rate (or value) unit, shall be exemot from the annual tax. II. METHOD OF APPORTIONMENT OF SPECIAL TAX The tax in any year shall be the same for all taxable parcels. (a) Annually the City will prepare a budget for the next fiscal year for the purposes set forth in paragraphs.A and B of Exhibit A to this Resolution and for incidental and administrative costs of the District. The City will credit to that budget any sums remaining from previous years' tax collections, but may permit a reasonable contingency to be added to the budget. Within the limits of I(a) and I(b), above, this element of the special tax shall be calculated by dividing the net budget amount by the number of taxable parcels. (b) Each taxable parcel within the District is subject to the tax set forth in I(c), above, only to fund the self- insurance fund, to repay advances by others used to fund the self-insurance fund, or to restore the self-insurance fund to the Fund Amount as that term is defined in Exhibit A. Within the limits of I(c), above, this element of the special tax shall be calculated by dividing the total need by the number of taxable parcels. The annual special tax for each taxable parcel shall be the sum of the amounts calculated under (a) and (b) of this paragraph II. SF242482.1 41734-2-AW1-03/05/93