HomeMy WebLinkAboutCC Resolution 14703 (Village at Loch Lomond Marina - Mello-Roos District No. 2 Properties Special Tax)1
RESOLUTION NO. 14703
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL SETTING THE SPECIAL
TAX FOR CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 (THE
VILLAGE AT LOCH LOMOND MARINA) FOR FISCAL YEAR 2019-20
WHEREAS, on July 19, 2010, the San Rafael City Council by Resolution No.
13014 formed the City of San Rafael Community Facilities District No. 2 (hereafter “CFD
No. 2); and
WHEREAS, the landowners of CFD No. 2 voted in a mail ballot election called by
the City Council by Resolution No. 13015, and unanimously approved the imposition of
a special district tax; and
WHEREAS, on August 16, 2010, the City Council adopted Ordinance No. 1886
levying special taxes within CFD No. 2; and
WHEREAS, on or about August 16, 2010, the City of San Rafael prepared and
caused to be recorded a “Notice of Special Tax Lien” for all of the parcels within CFD
No. 2, which specified the facilities and services to be funded by the tax and the
approved method for establishing a rate and calculating the apportionment of the tax;
and
WHEREAS, at the request of the Director of Public Works, CSW/Stuber-Stroeh
Engineering Group, Inc., has prepared an Engineer’s Annual Report for Community
Facilities District No. 2 for Fiscal Year 2019-20 recommending the amount of the special
taxes to be assessed; and
WHEREAS, the City Council wishes to set the specific tax rate to be imposed on
the parcels within CFD No. 2 in Fiscal Year 2019-20;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby sets the amount of the special tax to be imposed on all nonexempt
parcels within CFD No. 2 for Fiscal Year 2019-20, as set forth in the Engineer’s Annual
Report for fiscal year 2019-20 on file with the City Clerk and incorporated herein by
reference.
I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 15th day of July 2019, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
ENGINEER'S ANNUAL REPORT
FOR
COMMUNITY FACILITIES DISTRICT
LOCH LOMOND #2
2019-2020
FOR THE CITY OF SAN RAFAEL
CALIFORNIA
COUNCIL MEETING
JUNE 3, 2019
Prepared By:
CSW/Stuber-Stroeh Engineering Group, Inc.
45 Leveroni Court
Novato, CA 94949
CSW ST;
U-S"S
ENGINEER'S ANNUAL REPORT
2019-2020
COMMUNITY FACILITIES DISTRICT LOCH LOMOND #2
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(Mello -Roos Community Facilities Act of 1982)
The undersigned respectfully submits the enclosed annual report as directed by the City Council.
DATZK ` ., 12019.
CC,
q
r� �?
2 No. 27577 '
OF
CSW/STUBi-STROEH . GINEERING GROUP, INC.
Engineer W r -
By
Alan G. Cornwell
I HE - that the. enclosed Engineer's Annual Report, together with Assessment and
Assessment Diagram thereto attached, was filed with me on the 1 day of
t,Ll 32019.
LINDSAY LARA, City Clerk, City of San Rafael, Marin County,
California �Q
B V-•_
v
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and
Assessment Diagram thereto attached, was approved on 'I I 15 , 2019 and confirmed by the
City Council of the Cigr of San Rafael, Marin County, California, on the 15 day
Of 30 2019_
LINDSAY LARA, City Clerk, City of San Rafael, Marin County,
California �,4Q
By L7 \,/\-Ct.L.--
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and
Assessment Diagram thereto attached, was filed with the County Auditor of the County of Marin on
the 'L q day of 1)U\ SA -12019.
LINDSAY LARA, City Clerk, City of San Rafael, Marin County,
California
By
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ENGINEER'S ANNUAL REPORT
2019-2020
COMMUNITY FACILITIES DISTRICT LOCH LOMOND #2
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(Mello -Roos Community Facilities Act of 1982)
CSW/Stuber-Stroeh Engineering Group, Inc., Engineer of Work for the Community Facilities
District Loch Lomond #2, City of San Rafael, Marin County, California, makes this annual report, as
directed by the Cite Council., by its Resolution No. _ 19_1 3 ,, adopted _1115- , 2019.
The improvements which are the subject of this report are briefly described as follows:
Maintenance of Improvements including streets, curbs, gutter, sidewalks, storm drain, storm inlets,
street surfaces, Landscaping, street furniture, lighting, pathways, restrooms, park play equipment,
picnic tables, fish cleaning stations, signage, and parking. The maintenance includes providing
irrigation, paying water and utility bills as well as oversight. The improvements are also anticipated to
need major capital funding in future years and a capital improvement allowance is included as part of
the Community Finance District.
This report consists of six parts, as follows:
PART A — Plans for the improvements are filed with the City Clerk. Although separately bound, the
plans and specifications are a part of this report and are included in it by reference.
PART B - An Estimated Cost of the Assessment District.
PART C - Assessment Roll - An assessment of the estimated cost of the improvement on each
benefited parcel of land within the assessment district.
PART D — Rate and Method of Apportionment of Special Taxes - A statement of the method by
which the undersigned has determined the amount proposed to be assessed against each parcel.
PART E - List of Property Owners - A list of the names and addresses of the owners of real property
within this assessment district, as shown on the last equalized assessment roll for taxes, or as known
to the Clerk. The list is keyed to Part "C" by assessment number.
PART F - Assessment Diagram - A diagram showing all of the parcels of real property within this
assessmept district. is keyed to Part "C" by assessment number.
r --:•j �-yrs• 1_,
RespectfuIl 1 u e ,
CSW/St er gineerin p, Inc.
U! I i'�•
No. 257,
t 1 By
�'1 r Alan G. Cornwell, Engineer of Work
OF CA," -\C • Page 2
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PART A
INTRODUCTION AND BACKGROUND INFORMATION
The Loch Lomond Pr9,ject
The Loch Lomond development project (the "Project") is a mixed-use development which will
include the construction of single-family homes, flats, townhomes and commercial facilities and will
include the existing marina, which is located in San Francisco Bay. The Project is located in the City
of San Rafael ("City"), off of Point San Pedro Road. It vas approved by the San Rafael City
Council ("City Council") of the City in 2007, by means of a series of approvals, including Resolution
12332 ("the Approval Resolution"). As one condition of approving the Project, the City required
the developer to provide certain park and recreation improvements and to provide for their
maintenance by means of a special tax to be imposed by means of a Mello -Roos Community
Facilities District ("CFD"). Since the approval of the Project, the developer has determined that it
would be more beneficial to the homeowners and more cost-efficient if the maintenance of certain
additional facilities, consisting of landscaping and street and sidewalk improvements, as well as
wetland monitoring, could also be financed by means of the CFD. Collectively, the park and
recreation improvements, landscaping, streets, and sidewalks and these additional facilities are
referred to herein as the "Facilities."
On June 7, 2010, the City Council adopted a Resolution of Intention to form a CFD (the
"Resolution of Intention") in accordance with the Mello -Roos Community Facilities District Act of
1982 (the "Act"). The Resolution of Intention indicated that the maintenance of the Facilities
would be financed by means of a special tax imposed pursuant to the Act. The Resolution of
Intention requested the preparation of this Report, directing that the report describe the facilities to
be maintained and an estimate of the cost of maintaining those facilities.
For purposes of imposing a special tax to fund the maintenance of the Facilities, the development
will be split into four tax categories: Residential; Non-residential; Mixed-use and Marina. As
approved, the Project features 81 residential units, of which 76 units will be located in the
Residential tax category and 5 units will be in the Mixed-use category, as they will be located above
commercial space. Of these residential units, 17 will be below-market units, 15 located in the
residential category area and 2 located in the mixed-use category. There is expected to be 22,500
square feet in the Non-residential category, which will be devoted to neighborhood commercial
restaurant and marina -support facilities. The Marina category will contain areas serving the existing
marina area, including the yacht club.
The Mello -Roos Community Facilities Act of 1982
In the Approval Resolution, the City Council determined that the Act would be an effective took for
funding the maintenance of the park and recreation improvements and conservation area. The Act
provides substantial flexibility as to the range of facilities and services that can be funded and the
method by which their cost can be allocated. As the financing mechanism is a special tax, and not
an assessment, the costs can be allocated according to any method that is reasonable, without the
need to make a specific finding of benefit to each property. The Act permits the City Council to
form the CFD and allows for the owners of the property, if it is uninhabited, to vote to approve the
special tax (which requires a two-thirds majority).
Purpose of the CFD Report
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- -I
PART A
As directed in the Resolution of Intention, this CFD Report has been prepared and is being
submitted pursuant to Section 53321.5 of the Act. The Act requires that this report describe the
facilities to be maintained (see "Description of Facilities to be Maintained" below)
Formation of the CFD
On June 7, 2010, the City Council adopted the Resolution of Intention. A map identifying the
boundaries is attached as Exhibit A to this work.
On July 19, 2010 the City Council held a public hearing, as required by the Act, to hear any protests
to the formation of the CFD and to consider this report. Following the public hearing, the Council
adopted a Resolution of Formation and called an election to allow the qualified electors to consider
the special tax to fund the services described herein. With at least two-thirds of the votes cast in
favor of the special tax, the CFD was formed and the levy of the special tax was authorized.
Description of Facilities to be Maintaine-d
M
The facilities to be maintained include those specifically described in Condition 45 of the Approval
Resolution:
e The Marina Green and Boardwalk
• Kayak Launch
• Park Play Equipment and Area
a Pedestrian pathways along the west jetty/spit and east jetty/spit
• Viewing areas along the west jetty/spit, east jetty/spit
■ Public restrooms (2), one on the east jetty/spit and one at the entrance to the breakwater
• Fishing cleaning station located near the entrance to the breakwater
• Park and informational signs within these areas
0 Lawn/turf, shrubs and ground cover, irrigation systems, storm water drainage inlets within
the boundaries of the area, lighting pole standards, and fixtures above the foundation,
benches, trash receptacles and bicycle racks
0 Conservation/ seasonal wetland area
In addition, the CFD will also maintain the common access road shown on the map attached as
Exhibit D, its landscaping, lighting and sidewalk areas.
In July 2017, the San Rafael City Council approved levying the first assessment for Community
Facilities District No. 2 ("CFD -2") at the Village at Loch Lomond Marina. The CFD activity during
Fiscal Year 2017-2018 was very minimal. After a number of assurances in 2017, the developer,
Marina Village Associates, LLC ("MVA") did not finish the work to a point where the City could
accept a portion of the improvements as anticipated in the beginning of Fiscal Year 2017-2018. On
June 1, 2018, the City received a letter from MVA requesting an extension of the Subdivision
Improvement Agreements through December 31, 2019 and, by implication, acceptance of a portion
of the improvements. The City answered this letter on June 20, 2018, including a final punch list
which the letter directed the developer to complete prior to August 1, 2018. The successful
completion of the punch list would set the process in motion to accept the improvements, begin the
warranty period, and provide a partial reduction in bond amount for the improvements.
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i y
PART A
For Fiscal Year 2017-2018 the District received payments based on the first year assessments
anticipating that the District would be taking over maintenance during the year. As noted above,
this did not occur. The District now has a positive account balance to pay for maintenance, fund
capital replacement, and pay for City administration.
Since the District holds unused maintenance funds from last year, there is no reason to tax the
homeowners for Fiscal Year 2019-2020 for the maintenance, utilities and operational aspect of the
District. However, the capital fund and City oversite are continuing expenses and need to be funded
for Fiscal Year 2019-2020. The fiscal year assessment will remain the same as 2018-2019 to cover
only the capital fund, City oversite, and contingencies totaling $79,737.22. The breakdown of these
costs are included in Part B below.
June 2019 Future Actions
The developer has completed the punch list and is currently finalizing the remaining work, including
a map showing the remaining work to be done and the corresponding cost estimates to complete the
remaining work. We are anticipating that this will be complete within the next 60 to 90 days. The
City has requested quotes from landscape maintenance contractors to maintain the public areas,
once they have been accepted. For these reasons the City anticipates paying for maintenance during
the 2019-2020 year.
As the developer has been finalizing improvements, it has been noted that at high tides and during
storms two of the public areas are unusable. The first is the connection between the end of the
parking/paved area to the breakwater. The second is the play equipment and park on the central
jetty. Both of these area will be improved by the developer prior to acceptance by the City. The
capital cost of these improvements will be paid by the developer. However, once these
improvements are accepted by the City, their maintenance and ultimate replacement at the end of
their usable life will be the responsibility of the CFD -2. It is anticipated that during fiscal year 2019-
2020 the District will ask the assessed properties in the District for an additional assessment to be
added to the capital fund to provide monies to pay for this work in the future. This action will
require a public hearing and vote of the assessed properties.
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t
PART B
ESTIMATE OF COSTS
First Year Expenditures 2017-2018
2017-2018 County Administration Fee
First Year Capital Contribution Fund
2017-2018 Surplus
Annual Adjustment June 22 —July 1, 2018
SURPLUS & RESERVE FUND TO CARRY FORWARD
Available Funds on July 1, 2018
Second Year Expenditures 2018-2019
2018-2019 Revenue
Assessment Proceeds 2018-2019
Interest
Available Funds / Surplus (& Reserve Fund?) to Carry Forward
Third Year Expenditures 2019-2020
Uncollected Assessments (2017-2018)
Maintenance hardscape and parks
Landscape Maintenance
Utility Costs
Capital Reserve
Annual Engineer's Report
County/City Administrative Fee
Contingencies (Future Additional Capital Reserve and Maintenance
Takeover Costs)
2019-2020 Capital Reserve Contribution
TOTAL ANTICIPATED THIRD YEAR EXPENSES
AND ALLOCATIONS:
THIRD YEAR ASSESSMENT FUNDING
Total estimated Second Year Available Funds:
$ 130.00
$ 52,075.30
$ 142,248.30
$ 11,112.40
$ 205,566.00
$ 7,552.67 $ 198,013.33
$ 75,750.34
$ 957.90
$ 76,708.24
$ 3,987.22
$ 35,000.00
$ 65,000.00
$ 28,000.00
$ 109,416.00
$ 8,700.00
$ 500.00
$ 250,603.22
S 49.147.57
$ 299,750.79
S 54.708.00
$ 354,458.79
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$ 274,721.57
$ 79.737.22
$ 354,458.79
PART C
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part C — Assessment Roll
SPECIAL
ASSESSMENT
NUMBER
AMOUNT OF
ASSESSMENT
Fiscal Year
2019-2020
PROPERTY
DESCRIPTION
Loch Lomond
ASSESSOR'S
PARCEL
NUMBER
2
$4,577.63
Lot 2
016-070-14
3
$4,804.72
Lot 3
016-070-16
4
$864.87
Lot 4
016-070-17
5
$23,112.17
Lot 5
016-070-09
A
$0.00
Lot A
016-070-12
B
$0.00
Lot B
016-070-10
C
$0.00
Lot C
016-070-13
D
$0.00
Lot D
016-070-19
E
$0.00
Lot E
016-070-15
F
$0.00
Lot F
016-070-18
G
$0.00
Lot G
016-070-21
H
$0.00
Lot H
016-070-22
I
$0.00
Lot I
016-070-20
1-1
$0.00
1
016-341-01
1-2
$759.61
2
016-341-02
1-3
$0.00
3
016-341-03
1-4
$0.00
4
016-341-04
1-5
$759.61
5
016-341-05
1-6
$0.00
6
016-341-06
1-7
$759.61
7
016-341-07
1-8
$759.61
8
016-341-08
1-9
$759.61
9
016-341-09
1-10
$759.61
10
016-341-10
1-11
$759.61
11
016-341-11
1-12
$759.61
12
016-341-12
1-13
$759.61
13
016-341-13
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PART C
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a 5ummary of Chan s to Part C —Assessment Roll
SPECIAL
ASSESSMENT
NUMBER
AMOUNT OF
ASSESSMENT
Fiscal Year
2019-2020
PROPERTY
DESCRIPTION
Loch Lomond
ASSESSOR'S
PARCEL
NUMBER
1-14
$759.61
14
016-341-14
1-15
$759.61
15
016-341-15
1-16
$759.61
16
016-341-16
1-17
$759.61
17
016-341-17
1-18
$759.61
18
016-341-18
1-19
$759.61
19
016-341-19
1-20
$759.61
20
016-341-20
1-21
$759.61
21
016-341-21
1-22
$759.61
22
016-341-22
1-23
$759.61
23
016-341-23
1-24
$759.61
24
016-341-24
1-25
$759.61
25
016-341-25
1-26
$759.61
26
016-341-26
1-27
$759.61
27
016-341-27
1-28
$759.61
28
016-341-28
1-29
5759.61
29
016-341-29
1-30
$759.61
30
016-341-30
1-31
$759.61
31
016-341-31
1-32
$759.61
32
016-341-32
1-33
$759.61
33
016-341-33
1-34
$759.61
34
016-341-34
1-35
$759.61
35
016-341-35
1-36
$0.00
36
016-341-36
1-37
$759.61
37
016-341-37
1-38
$0.00
38
016-341-38
1-39
$759.61
39
016-341-39
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PART C
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Surnmary of Chanizes to Part C — Assessment Roll
SPECIAL
ASSESSMENT
NUMBER
AMOUNT OF
ASSESSMENT
Fiscal Year
2019-2020
PROPERTY
DESCRIPTION
Loch Lomond
ASSESSOR'S
PARCEL
NUMBER
1-40
$759.61
40
016-341-40
1-41
$0.00
41
016-341-41
1-42
$759.61
42
016-341-42
1-43
$0.00
43
016-341-43
1-44
$759.61
44
016-341-44
1-45
$759.61
45
016-341-45
1-46
$0.00
46
016-341-46
1-47
$759.61
47
016-341-47
1-48
$0.00
48
016-341-48
1-49
$759.61
49
016-341-49
1-50
$759.61
50
016-341-50
1-51
$0.00
51
016-341-51
1-52
$759.61
52
016-341-52
1-53
$759.61
53
016-341-53
1-54
$759.61
54
016-341-54
1-55
$759.61
55
016-341-55
1-56
$759.61
56
016-341-56
1-57
$0.00
57
016-341-57
1-58
$759.61
58
016-341-58
1-59
$759.61
59
016-341-59
1-60
$0.00
60
016-341-60
1-61
$759.61
61
016-341-61
1-62
$759.61
62
016-341-62
1-63
$759.61
63
016-341-63
1-64
$759.61
64
016-341-64
1-65
$759.61
65
016-341-65
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PART C
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summan, of Changes to Part C — Assessment Roll
SPECIAL
ASSESSMENT
NUMBER
AMOUNT OF
ASSESSMENT
Fiscal Year
2019-2020
PROPERTY
DESCRIPTION
Loch Lomond
ASSESSOR'S
PARCEL
NUMBER
1-66
$759.61
66
016-341-66
1-67
$759.61
67
016-341-67
1-68
$0.00
68
016-341-68
1-69
$759.61
69
016-341-69
1-70
$759.61
70
016-341-70
1-71
$759.61
71
016-341-71
1-72
$759.61
72
016-341-72
1-73
$759.61
73
016-341-73
1-74
$759.61
74
016-341-74
1-75
$0.00
75
016-341-75
1-76
$759.61
76
016-341-76
1-77
$0.00
K
016-341-77
1-78
$0.00
L
016-341-78
1-79
$0.00
M
016-341-79
1-80
$0.00
D
016-341-80
1-81
$0.00
N
016-341-81
1-82
$0.00
E
016-341-82
1-83
$0.00
O
016-341-83
1-84
$0.00
F
016-341-84
1-85
$0.00
P
016-341-85
1-86
$0.00
H
016-341-86
1-87
$0.00
A
016-341-87
1-88
$0.00
I
016-341-88
1-89
$0.00
B
016-341-89
1-90
$0.00
J
016-341-90
1-91
$0.00
C
016-341-91
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PART C
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Chan es to Part C — Assessment Roll
The lines and dimensions of each parcel are as shown on the maps of the County Assessor of the
County of Marin.
Property descriptions are lot or parcel numbers as shown on the recorded final maps of Loch
Lomond, recorded:
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AMOUNT OF
SPECIAL
ASSESSMENT
PROPERTY
ASSESSOR'S
ASSESSMENT
Fiscal Year
DESCRIPTION
PARCEL
NUMBER
2019-2020
Loch Lomond
NUMBER
1-92
$0.00
G
016-341-92
TOTAL
$79,737.22
(For Second Year)
ASSESSMENT
The lines and dimensions of each parcel are as shown on the maps of the County Assessor of the
County of Marin.
Property descriptions are lot or parcel numbers as shown on the recorded final maps of Loch
Lomond, recorded:
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PART D
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
I. INTRODUCTION
A special tax authorized under the Mello -Roos Community Facilities Act of 1982, as
amended ("Act") shall be levied on each Parcel of land within Community Facilities District No.
2 of the City of San Rafael ("CFD No. 2"), and collected according to the Special Tax Liability
determined by the City, the City of San Rafael)"City"), through the application of the following
procedures. The Special Tax is being levied for the purpose of providing and guaranteeing long-
term funding and maintenance of park and recreation improvements that are approved for public
use, and an adjacent conservation area (seasonal wetland) as more particularly described in the
Approval Resolution, as well as appurtenant roadways, sidewalk and landscaping areas.
All of the property within CFD No. 2, unless otherwise exempted by law or the express
provisions of the rate and method of apportionment expressed below, shall be taxed to the extent
and in the manner provided below.
It is intended that all special taxes applicable to Parcels be collected in the same manner
and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will
be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is
provided for ad valorem taxes.
II. DEFINITIONS
Act means the Mello -Roos Community Facilities Act of 1982, as amended, Sections 53311 et
seq. of the California Government Code.
Approval Resolution means Resolution No. 12332, adopted on August 6, 2007 by the City
Council of the City of San Rafael.
Area of Use means the area falling within a single tax category of a Parcel devoted to
multiple uses.
Base Year means the Fiscal Year commencing July 1, 2011.
BMR Unit means a Dwelling Unit that is classified as "low or moderate income housing"
pursuant to that certain agreement among San Rafael Marina, LLC, the City of San Rafael, and the
Housing Authority of the County of Marin, dated July 1, 2088 and recorded as document 2008-
0038363 in the Official Records of the County of Marin on August 14, 2008.
Building Floor Area means a measurement of the area contained within the perimeter of
each non-residential structure on a given Parcel, which can be or has been developed on that Parcel
based on a building permit. If a building permit is not available, the amount shall be based on the
Master Use Permit, or other planning approval. This figure shall be determined in accordance with
the standard practice of the City in calculating structural parameters. The figure includes the square
footage of each floor of any multi -floor building.
CFD No. 2 means the Community Facilities District No. 2 of the City of San Rafael.
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PART D
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
City means the City of San Rafael.
Dwelling Unit means each separate building, or housing unit within a common building,
used to provide living accommodations which are intended, design, or legally required to be
occupied by a single family unit. For Parcels which have not yet been subdivided into the number
of lots shown on the Tentative Map, the number of Dwelling Units shall be the number of lots
shown on the Tentative Map within the limits of that Parcel. BMR Units do not count as Dwelling
Units. For Parcels with mixed uses, the number of Dwelling Units shall be the number of residential
units allowed under the Master Use Permit, not counting any BMR Units.
Fiscal Year means the period starting on July 1, and ending the following June 30.
Master Use Permit means that certain Master Use Permit as approved by the City Council
of the City of San Rafael by means of Resolution No. 12332, adopted on August 6, 2007.
Maximum Special Tax means the greatest amount of Special Tax that can be levied against
a Parcel in any Fiscal Year. The Maximum Special Tax for each Category of Taxable Property is
established in Section III.
Parcel means any County Assessor's Parcel or that portion thereof that is within the
boundaries of CFD No. 2 based on the equalized tax rolls of the County as of March 1 of each
Fiscal Year. Parcels referred to by a specific number indicate the parcels shown on the Tentative
Map.
Service Annual Cost(s) means for each Fiscal Year, the total of 1) the estimated cost of
providing and guaranteeing long-term funding and maintenance of park and recreation
improvements that are approved for public use and an adjacent conservation area (seasonal wetland)
as more particularly described in Vesting Tentative Map Condition No. 45 in the Approval
Resolution (the "Improvements"); 2) the estimate costs of providing additional landscaping and
maintenance costs; and 3) any amounts needed to cure actual or estimated delinquencies in Special
Taxes for the current or previous Fiscal Year.
Special Tax Escalation Factor means the annual percentage increase in the Consumer
Price Index for the San Francisco -Oakland -San Jose area as published in "Consumer Price Indexes —
Pacific Cities and U.S. City Average" from the U.S. Department of Labor, Bureau of Labor Statistics
or, in the event such index ceases to be published, by a comparable index designated by the City
Council.
Tax Categories are those categories set forth in the body hereof.
Taxable Property means Parcels that are not in public ownership, but excludes privately -
held Parcels used solely for vehicular and pedestrian access, utilities, or as common areas. Such
areas include Parcels A through W, inclusive, as shown on the Tentative Map. However, Taxable
Properties that are acquired by a public agency after the CFD is formed or subsequent Final
Subdivision Maps are recorded will remain subject to the applicable Special Tax.
Tentative Map means that certain tentative map as approved by the City Council of the
City of San Rafael by means of Resolution 12332, adopted on August 6, 2007.
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PART D
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
III. CATEGORIES OF SPECIAL TAX AND DESIGNATION OF MAXIMUM SPECIAL
TAX
A. RESIDENTIAL CATEGORY: The Residential Category includes each Parcel of
developed Taxable Property within CFD No. 2 that is zoned or permitted to be used for
residential purposes. This consists of Parcels 2 through 76, inclusive, as well as the second
floor residential use permitted on Parcel 78, all as shown on the Tentative Map. The
Maximum Special Tax that may be levied annually on Taxable Property within the
Residential Category during the Base Year is $2,439.22 per Dwelling Unit.
B. MARINA CATEGORY: The Marina includes that Parcel of Taxable Property
within CFD No. 2 that is designated as Parcels 80 and 82 on the Tentative Map. The
Maximum Special Tax that may be levied annually on Taxable Property within the Marina
Category during the Base Year is $74,216.22. In the event that Parcel 80 is subdivided, the
Maximum Special Tax shall be allocated to the subdivided Parcels in proportion to the
number of marina slips contained in each subdivided Parcel within the Marina Category. In
the event that Parcel 82 is subdivided from the other property within the Marina Category, it
shall be taxed on the same rate and basis (per square foot) as property within the Non -
Residential Category and the Maximum Special Tax for the remainder of the Marina
Category shall be the amount calculated above, less the tax for Parcel 82.
C. NON-RESIDENTIAL CATEGORY: The Non -Residential Category includes
each Parcel of developed Taxable Property within CFD No. 2 which has been zoned or is
permitted to be used for non-residential uses (including office, retail, industrial, and other
commercial uses) but not property within the Marina Category. These Parcels consist of
Parcels 79, and 81 shown on the Tentative Map, as well as portions of Lot 78 devoted to
Non -Residential Uses. The Maximum Special Tax that may be levied annually on Taxable
Property inti nth Non -Residential Category during the Base Year is $1.15 per square foot of
Building Floor Area.
D. MIXED USE CATEGORY: Parcels within CFD No. 2 which are zoned or
permitted to be used for uses which fall in more than one of the above Categories shall be
taxed for each category of use. The calculation of the Maximum Special Tax shall be
performed separately for each Area of Use. For example, the Special Tax Liability for a
Parcel featuring two Dwelling Units and 10,000 square feet of Non -Residential Use shall be
the sum of the Special Tax for the two Dwelling Units at the rate applied to all Dwelling
Units in the CFD and for the Non -Residential tax rate per square foot times 10,000. The
Maximum Special Tax for Parcels in the Mixed Use Category shall be calculated accordingly.
E. ADJUSTMENTS TO MAXIMUM SPECIAL TAX: The Maximum Special Tax
for all Categories shall increase each Fiscal Year as determined annually by the City Council
by the Consumer Price Index for the San Francisco -Oakland -San Jose area, All Urban
Consumers/All Items, as published by the U.S> Department of Labor, Bureau of Labor
Statistics, or, in the event such index ceases to be published, by a comparable index
designated by the City Council.
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PART D
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
IV. SETTING THE ANNUAL SPECIAL TAX LIABILITY FOR TAXABLE PROPERTIES
On or about July 1 of each year, but in an event in sufficient time to include the levy of the
special taxes on the County's secured tax roll, the City shall determine the Category or Categories
representing each Parcel of land within CFD No. 2. Parcels subject to levy and their respective Tax
Category shall be determined based upon the records of the County Assessor as of the March 1
preceding such July.
For each Fiscal Year, the City shall determine the Special Tax Liability for each Parcel for the
Fiscal Year. The City shall make available for review by the general public information regarding the
Category to which each Parcel is assigned and the information used to calculate the Special Tax
Liability for each Parcel.
Attachment 1 shows the Base Year Maximum Special Tax rates. Each Fiscal Year following
the Base Year, the Maximum Special Tax rate shall be increased in accordance with the Special Tax
Escalation Factor.
To determine the Maximum Special Tax in each Fiscal Year, multiply the number of
Dwelling Units for each residential Parcel times the applicable Maximum Special Tax rates shown in
Attachment 1 as adjusted by the Special Tax Escalation Factor. For the Mixed Use Category, take
the sum of those two products.
The City shall calculate the Special Tax Liability for each Taxable Property for each fiscal
year as follows:
A. STEP ONE: Determine if the Improvements have been inspect and accepted by the
City. If not, the Special Tax Liability shall be zero for that fiscal year.
B. STEP TWO: Compute the Service Annual Costs.
C. STEP THREE: Calculate the Special Tax Liability for each Parcel of Taxable
Property by the following steps:
Step 1: Compute the potential Maximum Special Tax revenue for all Parcels in the
CFD by summing the Maximum Special Tax assigned to each Parcel for that Fiscal
Year.
Step 2: Compare the Service Annual Costs with the potential maximum Special Tax
revenue calculated in the previous step.
Step 3: If the Service Annual Costs are less than the Maximum Special Tax revenue
from Step 1, decrease proportionately the Maximum Special Tax amount for each
Parcel until the total Special Tax revenue equals the Service Annual Cost. These
amounts will be that year's Special Tax Liability for each Parcel.
Step 4: If the Service Annual Costs are great than or equal to the potential Maximum,
Special Tax revenue calculated in Step 1, the amount of the Special Tax Liability for
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PART D
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
each Taxable Property shall be the Maximum Special Tax assigned to each Parcel in II
above.
D. STEP FOUR: After the Special Tax Liability for each Parcel has been calculated,
consult Section V of this Rate and Method in order to prepare the Tax Collection
Schedule.
V. PREPARATION OF TAX COLLECTION SCHEDULE
Prepare the Tax Collection Schedule listing the Special Tax Liability for each Parcel of
Taxable Property and send it to the County Auditor, requesting that it be placed on the general,
secured property tax roll for the Fiscal Year. The Tax Collection Schedule shall not be sent later
than the date required by the Auditor for such inclusion.
The City shall make every effort to correctly calculate the Special Tax Liability for each
Parcel. It shall be the burden of the taxpayer to correct any errors in the determination of the
Parcels subject to the tax and the Special Tax Liability assigned to them. The City will maintain a file
available for public inspection of each current County Assessor's Parcel Number within the CFD, its
Maximum Special Tax, and the Maximum Special Tax for all Parcels within the CFD.
VI. 2019-2020 ALLOWABLE AND ACTUAL ASSESSMENTS
As noted in part III E. above, Adjustments to Maximum Special Tax, the City anticipated
increases in the special tax up to a maximum amount to allow for normal inflation based increases in
the costs to make capital improvements and continue maintenance. The increases were to be based
on the Consumer Price Index (CPI) for the San Francisco -Oakland -San Jose region. The Maximum
Allowable assessment for the 2019-2020 year for each category is calculated as follows:
Base Year 2011:
Residential
Non -Residential
Marina
Base Year June, 2010, CPI
CPI, April, 2019 (Latest available data)
Allowable increase 906.300/701.273
$ 2,439.22 per residential unit
$ 1.15 per square foot of non-residential area
$ 74,216.22 lump sum
701.273
906.000
1.2924
Maximum Allowable Assessment 2019-2020 year:
Residential $2,439.22 x 1.2924 = $3,152.45 per residential unit
Non -Residential $1.15 x 1.2924 = $1.49 per square foot of non-residential area
Marina $74,216.22 x 1.2924 = $95,927.04 Lump Sum
The Actual assessments for 2019-2020 will be based on the needs of the District as outlined
elsewhere in this report and be held constant for the year 2019-2020.
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PART D
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
Assessments for the year 2019-2020:
Residential $759.61 per residential unit
Non -Residential $0.36 per square foot of non-residential area
Marina $23,112.17 Lump Sum
Setting the amount in 2019-2020 does not preclude future increases to the maximum allowable
based on the CPI in future years.
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
2
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E —Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
H
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-9
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-18
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'4
PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-27
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-37
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E —Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-49
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-61
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
Page 26
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-71
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
Page 27
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-80
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PART E
ASSESSMENT ROLL
(Please Refer to Part D — Method of Apportionment of Assessment
for a Summary of Changes to Part E — Assessment Roll)
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ASSESSOR'S
AASSESSMENT
PARCEL
NUMBER
NUMBER
NAME AND ADDRESS
1-90
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PART F
ASSESSMENT DIAGRAM
See sheets 1 through 2 in attached packet.
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LEGEND
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Novato, CA 94949 fen: 41&693.9835
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LOCHLOMOND
IMPROVEMENTS TO
BE ACCEPTED 2019
California I CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2
Prepared Under the Direction of
Sheet
EXH-D
Scala 1" = 100'
Dale: 03/12/19
Project Number:
Plan File: [