HomeMy WebLinkAboutCC Resolution 13014 (Special Tax for Community Facilities)RESOLUTION NO. 13014
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL FOR FORMATION OF
THE CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT,
PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT, AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE
ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED
ELECTORS OF THE DISTRICT
(City of San Rafael Community Facilities District No. 2)
WHEREAS. on June 7, 2010 the City Council adopted Resolution No. 12964, entitled
Resolution of the San Rafael City Council of Intention to Form a Community Facilities District
and to Authorize the Levy of Special Taxes Pursuant to the Mello -Roos Community Facilities
Act of 1982 for Maintenance of Public Park and Recreation Improvements at the Village at Loch
Lomond Marina (the "Resolution of Intention"), stating its intention to form Community
Facilities District No. 2 (-CFD No. 2"), pursuant to the Mello -Roos Community Facilities Act of
1982. as amended, (the "Act"); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed
boundaries of CFD No. 2 and stating the services to be financed, and the rate and method of
apportionment of the special tax to be levied within CFD No. 2 to pay the costs, is on file with
the City Clerk, and the provisions thereof are incorporated herein by this reference as if fully set
forth, and
WHEREAS, on July 19, 2010 the Council held a public hearing regarding the formation
of CFD No. 2; and
WHEREAS, at that hearing all interested persons desiring to be heard on all matters
pertaining to the formation and extent of CFD No. 2, the services to be provided therein, and the
levy of a special tax, were heard and a full and fair hearing was held, and
WHEREAS, at that hearing evidence was presented to the Council on the matters before
it, including a "Community Services District Report for the City of San Rafael Community
Facilities District No. 21", submitted by the Director of Public Works, describing the services to
be provided through the District and the costs thereof, a copy of which report is on file with the
City Clerk, and the Council at the conclusion of said hearing was fully advised with respect to
the basis of` the costs to be borne by CFD No. 2: and
WHEREAS. written protests with respect to the formation of CFD No. 2. the furnishing
of specified types of scrN ices. and the rate and method of" apportionment of the special taxes haN,e
not been filed with the Cit,, by fifty7 percent (50%) or more of the registered X oters residing
*thin
x I � or
N the tcrritorN of the CFD No. .2 by y property owners of one-half (1 1.121) or more of the area
of land within the CFD No. 2 and not exempt from the special tax: and
WHEREAS, the special tax proposed to be levied in CFD No. 2 to pay for the proposed
services to be provided therein, as set forth in Exhibit B to the Resolution of Intention, has not
been eliminated by protest by fifty percent (50%) or more of the registered voters residing within
the territory of the CFD No. 2 or by the owners of one-half (1/2) or more of the area of land
within the CFD No. 2 and not exempt from the special tax.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael as follows:
The foregoing recitals are true and correct.
2. The Council hereby accepts the "Community Services District Report for the City
of San Rafael Community Facilities District No. 2" submitted by the Director of Public Works.
3. The proposed special tax to be levied within CFD No. 2 has not been precluded
by majority protest pursuant to Section 53324 of the Act.
4. All prior proceedings taken by the Council in connection with the establishment
of CFD No. 2 and the levy of the special tax have been duly considered and are hereby found and
determined to be valid and in conformity with the Act.
5. The community facilities district designated "City of San Rafael Community
Facilities District No. 2" is hereby established pursuant to the Act.
6. The boundaries of the District, as set forth in the map of CFD No. 2 heretofore
recorded in the Marin County Recorder's Office in Book and Page AD 2010-99 of Maps of
Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by
reference and shall be the boundaries ofthe CFD No. 2.
7. The type of public services proposed to be financed by CFD No. 2 and pursuant to
the Act (the "Services") shall consist of those items described in the Resolution of Intention and
by this reference incorporated herein.
8. Except to the extent that funds are otherwise available to CFD No. 2 to pay for the
Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all
non-exempt real property in the CFD No. 2, will be levied annually within the CFD No. 2, and
collected in the same manner as ordinary ad valorem property taxes (or, with respect to any levy
on a leasehold or possessory interest, on the County unsecured roll), or in such other manner as
the City Council may direct. The proposed rate and method of apportionment of the special tax
among the parcels of real property within the CFD No. 2. in sufficient detail to alloweach
landoN�,ner «ithin the proposed CFD No. 2 to estimate the probable maximum amount such
o\\ner %\ill have to pay, are described in Exhibit B attached to the Resolution of Intention and by
this reference incorporated herein.
9. It is hereby found and determined that the Services are necessarN to meet
increased demands as the result of development occurring in CFD No. 2.
10. The Public Works Director of the City of San Rafael, 111 Morphew Street, San
Rafael, California 94901, Telephone No. (415) 485-3355, is the officer responsible for preparing
annually a current roll of special tax levy obligations by assessor's parcel number and who will
be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
1 l . 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 in the CFD No. 2 and this lien shall continue in force
and effect until canceled.
12. In accordance with section 53325.7 of the Act, the annual appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the
CFD No. 2 is hereby preliminarily established at $5,000,000 and said appropriations limits shall
be submitted to the voters of CFD No. 2 as hereafter provided. The proposition establishing said
annual appropriations limit shall become effective if approved by the qualified electors voting
thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of
the Act.
13. Pursuant to the provisions of the Act, the proposition of the levy of the special tax
and the proposition of the establishment of the appropriations limit specified above shall be
submitted to the qualified electors of CFD No. 2 at an election, the time, place and conditions of
which shall be as specified by a separate resolution of the Council.
I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution No. 13014 was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 19th day of July, 2010, by the following vote, to
wit:
AYES: COUNCILMEMBF,RS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
:`ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk