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
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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.
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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
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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, 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.
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