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
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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.
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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
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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.