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
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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
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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