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HomeMy WebLinkAboutCA Real Property Transfer TaxesAgenda Item No: 3.b Meeting Date: January 5, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City `u()fficc �A���� Prepared by: Lisa Gm(dfien,Asst. City Attorney - City MmmmgerApprwvmlJN«L�-�n-�� SUBJECT: Resolution ofthe City Council */ tile City n[San Rafael Approving and Authorizing the City Manager hu Execute an Agreement with the County of Marin for Collection of San Rafael Real Property Transfer Taxes RECOMMENDATION: Staff recommends that the Council approve the resolution approving and authorizing tile City Manager to execute tile attached agreement. State law authorizes any County to adopt an ordinance imposing a *'documentary transfer tax`oil transfers of real property, for collection from the transferor at thc time u property transfer document is recorded. Under the California Revenue and Taxation Code, the amount of the tax may not exceed Gftv'Ove cents (S0.55) for each Ove hundred d*Uum ($500) of property value. The County of Marin has enacted such u transfer tax. State law also authorizes acJv10 adopt useparate documentary transfer tax, in an amount not to exceed twenty-seven and one-half cents ($O27j)for each $5OUn[property value. |nSuch acase, the County is mandated to collect the u*on(y transfer tax of fifty-five cents per $500 of property value at the time a property transfer dooument is recorded, and to remit half nfthe tax collected to the city where thc rcu| property is Situated. Despite this statutory scheme, State law does not prohibit a charter city, *mzb as Sun Rafael, from adopting a higher documentary transfer tax under its charter powers., but if it dmc* *n, then thc counLy is not required to collect tile transfer tax oil the city's behalf. Sun Rafael ru|iuJ on by charter powers many years ago to enucia-Bca Transfer Tax- in the amount oftwo dollars ($2.00) for each one thousand dn|(ms ($|.00U)of" property value. (Son Kofac| Municipal Code Chapter 322) Since this tax is higher than the amount set forth in State |mx, the County of Marin is not required to collect this tux for the City. Nevcrthe|ea*, and despite the fact that Chapter FOR CITY CLERK ONLY - � � File No.: ��~y~,~ =~ /�' �� Council Meeting: Disposition: � SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2 3.22 provides for the City's tax to be administered and collected by City Staff, the County of Marin has actually been administering and collecting the City's tax for many years, at no cost to the City. Richard Benson, the Marin County Assessor -Recorder, has determined that the County will be unable to continue to provide administration and collection services to the City for the transfer tax unless the County begins to receive compensation to cover the costs of these services. ANALYSIS: Staff believes it is very reasonable for the County to charge the City for its costs in administering and collecting the City's Real Property Transfer Tax. Under the agreement proposed by the County, the Assessor -Recorder would collect a flat fee of $25 per taxable transfer document, which reflects the County's estimate of its actual costs in providing the services. The fee may be adjusted at the beginning of any fiscal year after 90 days' notice, and will reflect the County's direct and indirect costs incurred by reason of collecting the tax. If City disagrees with County's fee, the City may terminate the agreement on 60 days' notice. The attached accounting provided by the County shows the number of transfers of San Rafael property and the amount of transfer tax collected and remitted to the City by the County in calendar years 2010 - June, 2014. A fee of $25 per transfer document would have resulted in total fees ranging between I% and 2% of the value of property transferred each year. This amount is consistent with similar agreements Staff has reviewed between the City of Vallejo and the County of Solano and between the City of San Mateo and the County of San Mateo, under which those cities are being charged at the rates of 5% and I% of the tax collected, respectively. As noted above, Chapter 3.22 provides for the City's tax to be administered and collected by City Staff. In comparison to the proposed County fee, Staff believes it would be much more costly to the City to undertake to establish and implement the procedures required for collection of this tax by City staff. FISCAL IMPACT: Under the proposed agreement, the City would be charged $25 per taxable transfer document during fiscal year 2014-2015 and thereafter absent a fee adjustment by the County. "The annual cost of the fee is anticipated to be approximately $20,000 per year assuming an average of 800 transfers per year, payable out of the transfer tax revenues. OPTIONS: The Council may reject the proposed agreement and direct staff to negotiate further with the County on the proposed fee. The Council may reject the proposed agreement and direct staff to begin administering the Real Property Transfer Tax for the City. ACTION REQUIRED: Adopt the Resolution approving the fee agreement ATTACHMENTS: Attachment A: County Transfer Tax Accounting document Resolution with attached fee agreement a - li` = San Rafael Transfer Tax Collected 2010 Total 617 $769,038.00 2011 Total 625 $841,152.00 Document Month Count Amount 2012 January 47 $48,546.00 February 51 $51,480.00 March 60 $77,068.00 April 66 $66,708.00 May 67 $67,410.00 June 63 $72,086.00 July 58 $69,880.00 August 75 $78,828.00 September 61 $94,696.00 October 59 $108,334.00 November 62 $94,406.00 December 71 $120,722.00 Total: 740 $950,164.00 2013 January 48 $53,716.00 February 54 $76,190.00 March 65 $173,820.00 April 85 $116,782.00 May 77 $117,106.00 June 88 $132,958.00 July 73 $107,426.00 August 75 $121,528.00 September 72 $117,386.00 October 77 $121,928.00 November 66 $94,594.00 December 54 $78,014.00 Y -T -D Total: 834 $1,311,448.00 2014 January 42 $48,874.00 February 51 $188,446.00 March 66 $347,542.00 April 74 $122,398.00 May 83 $134,828.00 June 104 $224,714.00 July August September October November December Y -T -D Total: 420 $1,066,802.00 a - li` = RESOLUTION NO. 13859 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN FOR COLLECTION OF SAN RAFAEL REAL PROPERTY TRANSFER TAXES WHEREAS, pursuant to its charter- powers, the City of San Rafael has enacted San Rafael Municipal Code Chapter 3.22, entitled "Real Property Transfer Tax.'" imposing a tax on the transfer of real property located within the City (tile '°Transfer Tax"). to he paid at the time of recordation of the transfer document in the Office of the Marin County Assessor -Recorder; and WHEREAS, although Chapter 3.22 provides for the administration and collection of the Transfer Tax by City staff, the Marin County Assessor -Recorder is in a position to provide such services efficiently for the City. Lind has been doing so for many years, forwarding the collected Transfer Tax to the. City; and WHEREAS, the County of Marin has asked the City to enter into a formal agreement regarding the Transfer Tax administration and collection services provided by the Marin County Assessor -Recorder, including a reasonable fee therefor, and WHEREAS, the City Council finds that the Transfer Tax administration and collection services provided by the Marin County Assessor -Recorder benefit the Cite. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that it approves and authorizes the City Manager to execute, on behalf of the City of San Rafael, an Agreement with the County of Marin for Collection of San Rafael Real Property Transfer Taxes, in the form attached as Exhibit "A" hereto and incorporated herein by reference. I, ESTHER C. BEIRNE, 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 5`h day of January, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN PROVIDING FOR THE COLLECTION OF TAXES UNDER THE REAL PROPERTY TRANSFER TAX ORDINANCE OF THE CITY OF SAN RAFAEL THIS AGREEMENT is made and entered into by and between the City of SAN RAFAEL, a municipal corporation, hereinafter referred to as "City" and the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "County"; WITNESSETH: WHEREAS, the City Council of the City of San Rafael has enacted Chapter 3.22 of Title 3 of the San Rafael Municipal Code, providing for the imposition of a tax upon transfers of real property located in the City of San Rafael ("Ordinance"); and WHEREAS, City desires to enter into an agreement with the County of Marin for County to collect the San Rafael Real Property Transfer Tax (hereinafter referred to as the "tax"), as provided for in the Ordinance, and any amendments thereto, through the County Recorder's Office; and WHEREAS, County agrees to collect the tax for City under the terms and conditions as hereinafter provided; NOW THEREFORE, in consideration of this Agreement, and the mutual promises, covenants and stipulations herein contained, the parties hereto agree as follows: (1) Commencing on the date of execution of this Agreement by both parties, and except as hereinafter provided, County, through the County Recorder's Office, shall collect for City a tax imposed on each transfer, by deed, instrument or writing, by which any lands, tenements or other real property located in the City of San Rafael are sold, granted, assigned, transferred or otherwise conveyed to, or vested in, a purchaser or purchasers thereof, or any other person or persons at or by the direction of said purchaser or purchasers, when the value of the consideration exceeds one hundred dollars, said tax to be at the rate prescribed by City as shown in the Ordinance, and any amendments thereto.. (2) If for any reason, County is unable to collect the tax when the instrument or writing is presented for recordation, County will record the instrument or writing if otherwise recordable under the law; will indicate on the face of the instrument or writing that the City Tax was unpaid at the time of recordation; and will promptly notify City in writing that the tax was not paid at the time of recordation. The responsibility of thereafter collecting the tax shall be that of the City. (3) County will incur no liability for tax which is incorrectly computed and actually paid to City. (4) The declaration of value of the real property by the taxpayer shall be conclusive as between County and taxpayer. (5) A claim of exemption from the tax by the taxpayer shall be conclusive as between County and taxpayer. (6) County's sole responsibility shall be to apply the then current tax rate of City to the valuation declared by taxpayer. (7) No actions taken by County shall preclude City from later collecting additional tax directly from the taxpayer if it is found such additional tax is due because of an incorrect declaration of valuation by such taxpayer, an incorrect claim of exemption or otherwise. P13/o- (8) County will refer to the City any dispute regarding payment of the San Rafael Real Property Transfer Tax for resolution. (9) County will refer to City any requests for refund of the tax paid on any recorded document. County, under no circumstances, will make a refund of the tax paid. However, should City refund the entire amount of the tax paid on any recorded document, County, upon notification from City shall refund to City the Collection Charge received by County for collecting the tax for that document, as set forth in Section (11) below. (10) All taxes collected by County pursuant to this Agreement shall be transmitted to. City monthly beginning on the tenth (10th) day of the first full month following the effective date of this Agreement and by the tenth (1 Oth) day of each month thereafter, for taxes collected during the preceding calendar month. The payment will consist of a check, warrant, or Automated Clearing House transfer. A statement showing each individual amount paid, cross-referenced with the County Recorder's document recording number or otherwise adequate Recorder's information and the date paid, will be provided in support of the payment. (11) For collecting the tax, City shall pay County an administrative fee for each document on which the tax is collected (the "Collection Charge"). For the remainder of the fiscal year 2014-2015, the Collection Charge shall be twenty-five dollars ($25.00) per document. Thereafter, the collection rate may be adjusted at the beginning of any fiscal year; provided however that County shall give notice to City of any such adjustment at least ninety (90) days' written notice prior to the beginning of the applicable fiscal year. Unless otherwise authorized by law, the Collection Charge shall be calculated based upon the County's direct and indirect costs Incurred by reason of collecting the tax. Upon request, County shall provide City with information substantiating any adjustment to the Collection Charge. If City disagrees with County's fee, City's sole remedy shall be to terminate the contract pursuant to Section 18 below. (12) County will provide the necessary equipment, facilities and personnel for the collection of the tax, and the cost thereof will be included in the collection fee. (13) County agrees to permit authorized personnel of the City to examine the records and procedures of the County Recorder concerning the collection of the tax. (14) County shall collect the tax in accordance with the rate and manner imposed by the Ordinance and any amendments thereto. (15) City agrees to indemnify, defend and hold harmless the County in connection with any claim or suit filed arising out of the collection or non -collection of the tax by County for City and, in the event that the collection of the tax is enjoined by legal process, City agrees to reimburse the County for any expenses incurred by County in providing for the collection of the tax. (16) All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed served as of the date of personal delivery, or if mailed, three (3) days after it is deposited with the United States Postal Service. Notice shall be given as follows: To County: County Recorder County of Marin 3501 Civic Center Drive, Room 232 San Rafael CA 94903 To City: Finance Director City of San Rafael 1400 Fifth Avenue San Rafael CA 94903 (17) The Collection Charge due and owing to the County shall be deducted from the total amount of the tax collected by County for City at the close of each calendar month, and the balance shall be remitted to the City promptly as set forth in paragraph 10 of this Agreement by County, together with a statement in detail showing how the balance remitted to City was calculated. City shall have ten (10) days within which to contest the validity of any calculation made or the correctness of the amount of tax due City. County and City shall attempt to promptly adjust any difference so arising. (18) This Agreement shall be automatically renewed from fiscal year to year, unless either party gives the other at least sixty (60) days' written notice prior to the end of a fiscal year of its intention to terminate the Agreement, or the parties at any time by mutual understanding agree in writing to its termination or modification. A fiscal year, as used herein, shall begin on July 1 and end on June 30 of the following year. (19) This Agreement may be amended or modified only by a written agreement of all parties. CITY OF SAN RAFAEL, a Municipal Corporation, Dated: January 7. 2015 By: `XX Nancy Mackle, City anager APPROVED AS TO FORM: ' f 1k• t Lisa A. Goldfien I Assistant City Attorney Reme-Gracomi ni-Brewe r Deputy County Counsel Dated: 113 //,� Attest: F-=-� i.>"'` Esther Beirne, City Clerk COUNTY OF MARIN, a political subdivision of the State of Califor ' FAM By: Katie Rice Chairman, Board of Supervisors Attest: 7/94mx— Clerk to the Board of S ervisors Below is the process for getting your professional seand executed. Please attach this "Completion Checklist :,our contract as You circulate it for review and signatures. tor all "professional Z:� services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. — ---------- Step . .............. Responsible Description Completion 1 __L_._Departmcnt .... ....... ............ Date I City Attorney Review, revise, and comment on draft I agreement. . ............ .... — ----------- Contractim, Department I Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. Contracting Department Agendize contractor -signed agreement for Council approval.. if Council approval necessary (as defined by City Attorney/City 4 City Attorney Ordinance*). I Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager Mayor or Aorcement executed by Council afflhoriz—ecl Department Head official. 6 City Clerk l City Clerk attests signatures. retains original 1 agreement and forwards copies to the contractim-, department. To be completed by Contracting Department: Project Manager: Lisa Goldfien, Asst. City Attorney Project Name: A�-reernent with County for Collection of Real Property Transfer Taxes Agendized for City Council Meeting of (if necessary): January 5, 2015 (approved.) Ifyou have questions on this process, please contact the City Attorney's Office at 485-3080. ,% COLHICil approval is required if contract is over 520,000 on a CUrnulative basis. CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRSA / SRCC AGENDA ITEM NO. DATE OF MEETING: JANUARY 5, 2015 FROM: LISA A. GOLDFIEN, ASSISTANT CITY ATTORNEY DEPARTMENT: CITY ATTORNEY'S OFFICE DATE: DECEMBER 22, 2014 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN FOR COLLECTION OF SAN RAFAEL REAL PROPERTY TRANSFER TAXES Department Head (sig ature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AG NDA ITEM: r` , R ' rs l . City Manager (signature) City Attorney (signator ,' NOT APPROVED