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HomeMy WebLinkAboutCC Resolution 8776 (Loch Lomond #10 Special Tax)RESOLUTION NO. 8776 RESOLUTION OF INTENTION TO FORM COMMUNITY FACILITIES DISTRICT AND 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. It is proposed to establish a community facilities district within 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 proposed boundaries of the district are shown on the boundary map on file with the City Clerk and approved by the Council in its Resolution No. 8775. 2. The name of the proposed community facilities district shall be "Community Facilities District No. 1992-1, (Loch Lomond #10), City of San Rafael, County of Marin, State of California," {"CFD 1992-111). 3. The types of public facilities and services proposed to be provided within CFD 1992-1 are set forth on Exhibit A attached to this Resolution. The Council hereby finds that these facilities are necessitated by new development occurring and anticipated within CFD 1992-1, and are in addition to, and do not replace, facilities and services already provided within CFD 1992- 1. 4. The types of incidental expenses proposed to be incurred are set forth on Exhibit B attached to this Resolution. 5. Except where funds are otherwise available, a special tax sufficient to pay for all 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 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. 6. Advances of funds from any lawful source, specifically including owners of property within CFD 1992-1, may be �RiGINAI reimbursed from special tax revenue, but any agreement to do so shall not constitute a debt or liability of the City. 7. The Council hereby sets Monday, December 7, 1992, at 8:00 P.M., in the Council Chambers at 1400 Fifth Avenue, San Rafael, California 94901, as the time and place for the public hearing on the establishment of CFD 1992-1. At the hearing, testimony concerning the district, the extent of the district or the furnishing of the particular types of public facilities and services will be heard and protests will be considered from registered voters residing within CFD 1992-1 and persons owning real property within CFD 1992-1. Written protests by a majority of the registered voters or by the owners of a majority of the land within the proposed CFD 1992-1 will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing. If such protests are directed only against certain elements of the proposed facilities and services or proposed special tax, only those elements shall be deleted from the proceedings. 8. It is anticipated that the special tax will be billed as a separate line item on the regular property tax bill. However, the Council reserves the right, under Section 53340, to utilize any method of collecting the special tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing. 9. The Director of Public Works of the City of San Rafael is directed to study the proposed district and prepare for filing at the public hearing the report required by Section 53321.5 of the Act. The Director may delegate this duty to consultants, including those retained by the Developer, to perform the study and report preparation. 10. If an election is held in these proceedings, it is the intention of the Council that the electors will be the owners of property within CFD 1992-1 pursuant to Section 53326 of the Act. 2 11. The Council also intends to establish the annual appropriations limit of CFD 1992-1 at $42,120.00 for the 1992-1993 fiscal year. 12. The City Clerk is hereby directed to have the entire text of this Resolution, including exhibits, published once in a newspaper of general circulation within the City of San Rafael no later than November 30, 1992. 13. The City Clerk is hereby directed to mail a copy of this Resolution by November 17, 1992, by first-class mail to each owner of land within CFD 1992-1 as their names and addresses appear on the last County property tax roll. 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 2nd day of November, 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer, Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner JEUNE,M. LEONCI9I, City Clerk 3 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, with reasonable interest, subject to maintaining the full self-insurance reserve. Once any repayment of advances has been completed, interest earned on the fund shall inure to the benefit of the fund. The "Fund Amount" shall be $500,000.00 plus interest actually earned. 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 Apportionment of Special 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; (b) $100.00 inflated at the rate of 2% per year (compounded) from 1993-1994; and (c) $1,235.00. Up to one parcel within the District, and only so long as it remains in the status of a governmentally subsidized or governmentally regulated, certified, restricted or sponsored below-market rate (or value) unit, shall be exempt 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.