Agenda packet — San Rafael City Council, June 6, 2022 (part 2 of 2)

ENGINEER'S ANNUAL REPORT
2022-2023
LOCH LOMOND DISTRICT #10

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
Mello-Roos Community Facilities District
The undersigned respectfully submits the enclosed annual report as directed by the City Council.

DATED: ____________, 2022.

CSW/STUBER-STROEH ENGINEERING GROUP, INC.

Engineer of Work
By ______________________________________
Alan G. Cornwell
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the ____________________ day of ___________________, 2022.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was approved on __________, 2019 and confirmed by the City Council of the City of San Rafael, Marin County, California, on the ___________________ day of ___________________, 2022.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
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 ____________________ day of ____________________, 2022.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________

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ENGINEER'S ANNUAL REPORT
2022-2023
LOCH LOMOND DISTRICT #10

CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
Mello-Roos Community Facilities District
CSW/Stuber-Stroeh Engineering Group, Inc., Engineer of Work for Loch Lomond #10 District, City of San Rafael, Marin County, California, makes this annual report, as directed by the City Council, by its Resolution No. ___________, adopted ______________, 2022.

The improvements which are the subject of this report are briefly described as follows:

The District was created to have three funds of money with which to maintain and operate the storm drain system and insure against damage from potential landslides.

The three funds are defined as a maintenance fund, a sinking fund and insurance reserve fund. These functions were defined in the formation of Community Facilities District No. 1992-1 and passed by resolution #8839 by the City Council Meeting on March 1, 1993. The resolution and formation of the District was meant to be a mitigation for potential impacts to the downstream drainage facilities from the development of the 28 lots which encompass Loch Lomond #10 District.

Maintaining drainage facilities within the Loch Lomond #10 boundary to include annual cleaning of drainage structures, monitoring structures during storm events, cleaning facilities as required during storm events. Provide a sinking fund to provide monies to replace facilities as those facilities fall into disrepair. Lastly provide a fund to provide $500,000 plus accumulated interest to provide the deductible amount of the City’s insurance should a landslide occur in the watershed above the District.

This report consists of six parts, as follows:

PART A – Plans and Specifications: These plans include the Improvement As-Built Plans prepared by Oberkamper and Associates and dated March 4, 1996. In addition the City asked CSW|ST2 to prepare a maintenance manual to guide the City Public Works staff in checking on the facilities that require annual and storm-related maintenance at a regular intervals. These items 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 Amended Estimated Cost of the Community Facilities District.

PART C - Assessment Roll - An assessment of the estimated cost of the improvement on each benefited parcel of land within the Community Facilities District.

PART D - Method of Apportionment of Assessment - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.

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PART E - List of Property Owners - A list of the names and addresses of the owners of real property within this Community Facilities District, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Exhibit "C" by assessment number.

PART F - Assessment Diagram - A diagram showing all of the parcels of real property within this Community Facilities District. The diagram is keyed to Part "C" by assessment number.

Respectfully submitted,
CSW/Stuber-Stroeh Engineering Group, Inc.

By ______________________________________
Alan G. Cornwell, Engineer of Work
PART A

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In 2017 the residents of Loch Lomond District 10 requested that the City review the expenditures and provide an accounting of the finances of the Community Facilities District No. 1992-1, also known as the Loch Lomond #10 (“LL 10”) District. The residents also requested that the City review the maintenance schedules which the City had provided on behalf of the District. Through research and discussion with City staff, the HOA Board, residents and CSW / ST2 staff, a clearer picture of the funding available in each of the three spending tranches identified in the formation documents (maintenance fund, sinking fund, and insurance reserve fund) has been identified. The funding to support the maintenance of the District is very limited and does not cover the annual cost to maintain and repair the system. Given the limited funding that the District generates, the finances of the District are insufficient to fund the level of service and repair of the infrastructure. Therefore, this report identifies the minimum work required to maintain the storm water system and fire/maintenance access roads within the district. The City intends to continue to use district funding to maintain the LL10 District and will use additional City storm water funding as it may be available to supplement the maintenance costs.

The City has actively and regularly maintained the system by performing pre-storm inspections and performing needed maintenance of the drainage facilities since the District was formed. Interviews with current maintenance staff verify that facilities within the LL10 District were maintained on an annual basis (pre-storm) and as needed before, during, and after storm events throughout each rainy season. In addition, since the District’s formation in 1993 there have been sporadic, as-needed repairs of the system (particularly the debris basins 2 and 3 above Las Casas) as a result of storm damage and/or silt and debris accumulation. In general the overall storm drain system has performed well given the fact that it has been in place for over 23 years. The condition of the overall system is evidence that the City has performed regular maintenance on the system. The regular maintenance notwithstanding, there have been a number of major storm events which have required repairs of facilities within the watershed, particularly the debris basins. In recent years the City has often had to clean debris and silt after, and in some cases during storm events to maintain the function of the two major basins above Las Casas Drive.

The District was formed, in part, to mitigate the impacts of the development on the surrounding community. This was extensively documented in the EIR documents, comments on the Draft EIR, and the subsequent approvals. The final conditional approval of Loch Lomond #10 required the District to be formed. The work required of the District was laid out in the three categories shown below. Preliminary estimates of maintenance cost were stated, as well as the contribution to the sinking fund.

The District was formed to provide financing for 3 specific items:

1. Annual and periodic Maintenance of the storm drain system and fire access/maintenance roads.

2. A Sinking Fund which provides long term capital replacement of the infrastructure.

3. A $500,000 amount to reimburse the city in the event the City’s insurance was tapped and the City would be required to use the $500,000 deductible to satisfy a claim.

COVERED FACILITIES:

The District was formed to provide a source of funding for ongoing maintenance and capital replacement of storm water improvements within the District and to provide funding for the PART A

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deductible portion of the City’s insurance policy to cover potential damage from slides and rain events within the open space known as Parcel A. Parcel A is owned as open space by the 27 lots and three condominiums within the boundary of Loch Lomond #10 as well as to maintain the storm water systems integrated into the 28 parcels within the District. Note that one of the 28 lots (lot 9, specifically) has been further subdivided into three below market (BMR) units.

The Loch Lomond #10 area drains into two distinct drainage systems maintained by the City of San Rafael. The larger westerly watershed includes 10 lots and three BMR units mostly off the extension of Las Casas Drive. The second, eastern watershed is located above Manderly Road on the extension of Inverness Drive and includes the remaining 17 lots and drains to three culverts (two 18 inch and one 24 inch) which cross Manderly Road.

The westerly watershed is significantly larger and includes areas both inside the District as well as areas beyond the District boundary and owned by other private parties and the City of San Rafael as open space. The watershed is approximately 111.3 acres including private lots and City Open Space upstream and outside the District Boundary, and Loch Lomond #10 Open Space and the 11 lots within Loch Lomond #10. The easterly watershed includes approximately 21.2 acres all of which are within the District boundary.

Within the district there are approximately 2,855 feet of storm drain culverts, 762 feet of v-ditches, 27 catch basins, inlets and manholes, 2 outlet structures and 6 headwalls according to the Engineer’s estimates provided with the subdivision improvements. The City typically maintains storm drain lines draining major watersheds, pipes, catch basins and manholes with the street or public rights-of-way, and catchment/debris basins. Within the Loch Lomond #10 District, the City also maintains the local v-ditches and swales and other smaller private drainage systems on private property as directed in the formation of the District.

MAINTENANCE COSTS
The maintenance costs of the District were estimated by Mr. Lloyd Strom in 1992 to be $36,140 per year. City Council Resolution 8839 states that “except where other funds are otherwise available, a special tax sufficient to pay for such facilities and services, will be annually levied within CFD 1992-1”, and City Council Resolution 8243 clearly states that “maintenance shall be funded by the Community Facilities District.” However, the tax rate developed at the time the Community Facilities District was established does not cover the cost of the maintenance needs of the district. The anticipated maintenance included: Cleaning silt basins, maintaining access/fire roads, cleaning the storm drain system (pipes, boxes and v-ditches) and replacing debris fences.

In order to determine the appropriate levels of maintenance, we discussed the City’s maintenance approach with staff. Based on that discussion, we have updated the recommended maintenance plan to include annual pre-season inspection and cleaning, observation of the drainage system, observation and cleaning as necessary for large storms during the season (we assumed two per year), a 15-year schedule to provide minor repairs to the main water course ditch and pipe systems, a 3-year schedule to remove brush and vegetation within the main open swales, a once-in-5-years access road maintenance schedule for 1,952 feet of roads, and three-year schedule for removal of accumulated silt in the catchment basins. It should be noted that small concrete v-ditches and minor swales elsewhere in the City are maintained by the individual property owner consistent with public works’ policy. The anticipated annual maintenance for the District should be budgeted at $37,512. The details of this budget are shown below.

PART A

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STATUS AND ACTIVITIES
IMPROVEMENT PLANS LOCH LOMOND UNIT 10 PREPARED BY OBERKAMPER AND ASSOCIATES, AND “AS BUILTS,” DATED MARCH 4, 1996
Over the 27 years that the District has been in existence the City, on behalf of the District has maintained the system within the District as it would normally maintain the drainage systems throughout the Loch Lomond area and the City in general. Since the mid- 1990’s there has been little oversight of the District and for a number of years no annual engineers report was prepared.

While the storm drain system continually required significant maintenance the City continued to take funds from the General Fund to perform normal and extraordinary maintenance and repairs.

As City Administrations changed, the City realized that Community Facilities District did have funds available to contribute to the maintenance of the drainage facilities within the District.

Around 2012 the City revisited the work done by the City on behalf of the District and transferred funds from the District into the general fund as a “catch-up” to compensate the City for providing over 10 years of maintenance and repairs without drawing on District funds.

Beginning in 2017, the Homeowners Association questioned the City on the disbursement of District funds and began to take a more active role in oversight of the District. The discussion A.nnual Pre~s.eas.on inspeciton/cleaming st orm draings, ditsched, cat ch basins, debris basins, et c. 2 days per year Rat e Hours per year Annual
Lead Mainte111 ance Worker $77.39 15 $1,160.85
Maintenance Worker 1/11 $72. 79 15 $1,09,1.85
Truck+ Mis.c Equipment $2'0.00 15 $300.00
Twice annual impection during st orm s.eason Annual
1 day per year Rat e Hours per year
Lead Mainte111 ance Worker $77.39 7.5 $580.43
Maintenance Worker 1/11 $72.79 7.5 $545.93
Truck+ Mis.c Equipment $2'0.00 7.5 $15-0.00
Contracted stor m-s.eason drainage maintenance support Annual Repairs t o ditch and pipe syst em 3,520
3,62'0 LF of pipe $20/LF for pipe
$5/LF for V ditch
$60,910 15 year schedule
Access rnad repair
1,9'52 LF of rnad
Brush and clean open sw ales
1,400 LF of sw ales
Remov e silt (clamming operations)
Annual Engineer's Report
$23,073 5 year schedule
$21,596 3 year schedule
Annual
Annual
$2,553
$1,276
$7,000
$4,061
$4, 615
$4, 319
$7,688
$6,000
Tot al $37,512
PART A

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between the Homeowners and City are continuing. The discussion has pointed out how underfunded the District is and the necessity to increase the assessments to the maximum allowed under the defining resolution which established the District. The increases are covered in PART C of this annual report.

Additional Activities for the fiscal year 2019-2020: The City has implemented a more rigorous accounting of the labor and materials which it employs in maintaining the Drainage system within the boundaries of the Loch Lomond #10 District. The City will continue to work with the homeowners to identify what additional future repairs may be necessary and whether there are alternative methods to assist in funding those repairs.

Activities for 2020-2021 fiscal year
The status of the District for the 2020-2021 fiscal year was prepared by City staff. The activities can be found in the City Staff Report for the Council’s consideration dated June 7, 2021 and attached hereto.

Status for the fiscal year 2021-2022
The City continues to provide maintenance services throughout the district to clean storm drains, manage open space vegetation and provide on-call storm related services to keep storm water collection systems open during the winter. During fiscal year 2021-2022 the City charged $8,544.00 to the District for storm drain cleaning services. The City will be charging additional time during May and June at the request of the residents to provide additional vegetation management to close out the 2021-2022 fiscal year.

An overview of the three components of the District funds follows:

Self-Insurance Fund: Provides a fund balance of $500,000 plus accumulated interest to cover the deductible amount of the City’s insurance should a landslide occur in the watershed above the District The balance in this fund is $723,484.20 and no contributions are necessary at this time.

Sinking Fund: Provides for long term capital replacement of drainage infrastructure and facilities as the original may fall into disrepair. The balance in this fund is $36,336.42. The District is allowed to collect a small portion of the overall annual assessment for this use. As shown in part D, the 2022- 2023 contribution will be $181.14 per parcel for an additional $4,890.78 to add to the current balance. The balance in the fund should be $41,227.20 less any amount paid to repair capital improvements which might occur in the 2022-2023 fiscal year.

Maintenance Fund: Provides for maintaining drainage facilities within the Loch Lomond 10 boundary to include annual cleaning of drainage structures, monitoring structures during storm events, and cleaning facilities as required during storm events. The District is allowed to collect increasing assessments for this use. As shown in part D, the 2022-2023 contribution will be $867.32 per parcel for an additional $23,417.64 to be available for the coming fiscal year.

As noted above, the City continues to provide maintenance for Loch Lomond District #10, recognizing the funds provided by the District are inadequate. While the current residents and Board have not expressed interest in increasing the contribution to the maintenance or sinking funds, the documents forming the District allowed for annual increase to be based on the Consumer Price Index or Personal Income Growth for maintenance and 2% annual increases for the sinking fund.

For the 2019-20 season the District increased the assessments as shown in Part D.

PART B

ESTIMATE OF COSTS

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The City prepared Reports for 2019-2020, 2020-2021, and 2021-2022 District Status May 20, 2022 (includes 2021-2022 interest) Total Estimated Fund Balance (per 2019 report) $ 728,493.32 Anticipated 2022-2023 Revenues and Fund Balance Allocations Anticipated Available Funds on July 1, 2020 $ 728 493 32 Adjustment to match final amount $ 32,797.97
Actual Available Funds on July 1, 2021 $ 761,291.29
Assessment District Expenditures 2021-2022
Assessor/Recorders Fee $ 90.00
City provided services (July 2021 through April 2022) $ 8,544.00 Vegetation Management May/June 2022 (estimated) $ 10,500.00 County Administrative Fees $ 54.00
$ 19,188.00
Assessment District Proceeds 2021-2022 $ 22,557.96
Interest $ 0.00
Estimated Available Funds on July 1, 2022 $ 764,661.25
ESTIMATED ASSESSMENT DISTRICT EXPENSES 2022-2023
Uncollected Assessment 2022-2023 (2%) $ 566.16
City Maintenance and Vegetation Management Services $ 8,500.00 Sinking Fund to carry forward (from 2021 Staff Report) $ 36,336.42 Self-Insurance Fund to carry forward (from 2021 Staff Report) $ 723,484.20 Annual contribution to Sinking Fund $ 4,890.78
Annual Engineer’s Report $ 6,800.00
Bond reduction estimate $ 7,929.69
County Administration Fee $ 120.00
$ 788,627.26
Contingencies (Future Additional Capital Reserve and Maintenance) $ 4,342.41 Total Anticipated Expenses and Allocation June 30, 2022 $ 792,969.67 Total Anticipated Assessment Funding $ 28,308.42
Total ESTIMATED AVAILABLE FUNDS June 30, 2022 $ 792,969.67 *The City agreed to waive the Assessment for the District for the 2018-2019 fiscal year while the discussions were on-going with the homeowners and other residents. ** The District has carried a negative balance in the Maintenance Fund since 2012. The District Needs to be reimbursed by the General Fund to account for general funds expended on behalf of the District.
*** The City agreed to reimburse the Sinking Fund $7,800 from the FY 2012-13 transfer of funds PART B

ESTIMATE OF COSTS

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from the District. $7,800 of the funds drawn from the Sinking Fund were identified in fact as Maintenance Fund expenditures.

PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll)

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2019-2020)

PROPERTY

DESCRIPTION
Loch Lomond #10
Assessment District

ASSESSOR'S
PARCEL
NUMBER
1 $1,048.46 1 016-330-01
2 $1,048.46 2 016-330-02
3 $1,048.46 3 016-330-03
4 $1,048.46 4 016-330-04
5 $1,048.46 5 016-330-05
6 $1,048.46 6 016-330-06
7 $1,048.46 7 016-330-07
8 $1,048.46 8 016-330-08
9-1 $0.00 Portion of 9 016-330-12
9-2 $0.00 Portion of 9 016-330-13
9-3 $0.00 Portion of 9 016-330-14
10 $1,048.46 10 016-330-10
11 $1,048.46 11 016-330-11
12 $1,048.46 12 016-321-04
13 $1,048.46 13 016-321-03
14 $1,048.46 14 016-321-05
15 $1,048.46 15 016-321-01
16 $1,048.46 16 016-321-02
17 $1,048.46 17 016-321-06
18 $1,048.46 18 016-321-07
19 $1,048.46 19 016-321-08
20 $1,048.46 20 016-321-09
21 $1,048.46 21 016-321-10
22 $1,048.46 22 016-322-01
23 $1,048.46 23 016-322-02
24 $1,048.46 24 016-322-03
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll)

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2019-2020)

PROPERTY

DESCRIPTION
Loch Lomond #10
Assessment District

ASSESSOR'S
PARCEL
NUMBER
25 $1,048.46 25 016-322-04
26 $1,048.46 26 016-322-05
27 $1,048.46 27 016-322-06
28 $1,048.46 28 016-322-07
29 $0.00 Parcel A 186-520-19
30 $0.00 Parcel B 186-520-20
TOTAL

ASSESSMENT
$28,308.42 (For Twenty-Eighth Year)
Each parcel is as shown on the maps of the County Assessor of the County of Marin at Book 16, Pages 32 and 33 and Book 186, Page 52.

Property descriptions are lot or parcel numbers as shown on the recorded final maps of Loch Lomond #10, recorded in Book 21 of Maps at Page 21, Marin County Records.

PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

AND ALLOWABLE INCREASES

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ORIGINAL APPORTIONMENT
There are 27 single family dwelling units and 3 below market rate units that were a further tax division of lot 9 in the original subdivision existing within the Community Facilities District boundary.

Each of the single family dwelling unit lots are assessed for equal portions of the total assessment.

And Lot 9 is assessed zero.

This assessment is exempt from the procedures and requirements of the (recently enacted Proposition 218) California Constitution, Article 13D, Section 4 pursuant to the exemption contained in Article 13D, Section 5(d) [previously majority voter approval or] Section 5(b) [petition signed by persons owning all the property]. The benefits are entirely special benefits and there are no general benefits. Additionally, the proposed assessment is within the limits of that allowed by the annual increases.

Assessment Parcels 1 through 8, 10 through 28, are each assessed 1/27 of the total assessment.

Assessment Parcel 9-1, 9-2, 9-3, 29, and 30 each have zero ($0.00) assessment.

The following changes were made to the Assessment Rolls and Assessment Diagram in 1993, although do not appear to have been noted in the Annual Engineer’s Reports. Mapping Changes at the Marin County Assessor's Office are noted as follows:

Our office contacted the Marin County Assessor's Office due to obvious changes to the Assessor's Parcel Maps for the Loch Lomond #10 development. According to information received from Mapping Department staff, in calendar year 1993 a change was made to Parcel 9 splitting it into 3 APNs to accommodate the special status of the ownership of that lot. (see map below) PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

AND ALLOWABLE INCREASES

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THE 11.CC U'IACT OF TH[ OATA SHOWN.

3. ASSESSOft0S PARCELS M•Y NOT

COMPLY WITH LOCAL LOT-SPLIT
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PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

AND ALLOWABLE INCREASES

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2022-2023 ASSESSMENT CALCULATIONS
Applying the method outlined the following increases are allowed:

Maintenance:

Original Assessment $225/unit
Personal Income Index 1992 $28,809
Personal Income Index 20120 $111,050
Factor $111,050 / $28,809 = 3.8547
2022-2023 Maintenance Assessment (3.85) x $225 = $867.32 Sinking Fund:

Original Assessment $100/unit
28 years at 2%, current assessment $181.14
TOTAL PROPOSED ASSESSMENT 2019-2020 $1,048.46 per unit
Total Available Funds (27 units) $28,319.15
NOTE: Per Capita Personal Income Index from the St. Louis Fed for the San Francisco-OaklandHayward, California area. Latest index is for the 2020 year.

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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1 016-330-01
2 016-330-02
3 016-330-03
4 016-330-04
5 016-330-05
6 016-330-06
7 016-330-07
8 016-330-08
9-1 016-330-12
9-2 016-330-13
9-3 016-330-14
10 016-330-10
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
11 016-330-11
12 016-321-04
13 016-321-03
14 016-321-05
15 016-321-01
16 016-321-02
17 016-321-06
18 016-321-07
19 016-321-08
20 016-321-09
21 016-321-10
22 016-322-01
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
23 016-322-02
24 016-322-03
25 016-322-04
26 016-322-05
27 016-322-06
28 016-322-07
29 186-520-19
30 186-520-20
PART F

ASSESSMENT DIAGRAM

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The original Assessment Diagram is no longer available in the City’s files. The following represents the current District Engineer’s best re-creation of the Assessment Diagram likely used to form the District. It is based on the Record Map of Loch Lomond #10 prepared by Oberkamper & Associates Map Recorded May 27, 1993, in Book 21 of Maps, at Page 21 and the Assessment Diagram used for the Pt. San Pedro Road Median Landscaping Assessment District.

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ASSESSMENT ROLL
(Please Refer to Part A – Method of Apportionment of Assessment for a Summary of Changes to Assessment Roll)

SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2021-2022)

PROPERTY

DESCRIPTION
Loch Lomond #10
Assessment District

ASSESSOR'S
PARCEL
NUMBER
1 $1048.46 1 016-330-01
2 $1048.46 2 016-330-02
3 $1048.46 3 016-330-03
4 $1048.46 4 016-330-04
5 $1048.46 5 016-330-05
6 $1048.46 6 016-330-06
7 $1048.46 7 016-330-07
8 $1048.46 8 016-330-08
9-1 $0.00 Portion of 9 016-330-12
9-2 $0.00 Portion of 9 016-330-13
9-3 $0.00 Portion of 9 016-330-14
10 $1048.46 10 016-330-10
11 $1048.46 11 016-330-11
12 $1048.46 12 016-321-04
13 $1048.46 13 016-321-03
14 $1048.46 14 016-321-05
15 $1048.46 15 016-321-01
16 $1048.46 16 016-321-02
17 $1048.46 17 016-321-06
18 $1048.46 18 016-321-07
19 $1048.46 19 016-321-08
20-1 $1048.46 20 016-321-09
21 $1048.46 21 016-321-10
22 $1048.46 22 016-322-01
23 $1048.46 23 016-322-02
24 $1048.46 24 016-322-03

ASSESSMENT ROLL
(Please Refer to Part A – Method of Apportionment of Assessment for a Summary of Changes to Assessment Roll)

SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
(Fiscal Year
2021-2022)

PROPERTY

DESCRIPTION
Loch Lomond #10
Assessment District

ASSESSOR'S
PARCEL
NUMBER
25 $1048.46 25 016-322-04
26 $1048.46 26 016-322-05
27 $1048.46 27 016-322-06
28 $1048.46 28 016-322-07
29 $0.00 Parcel A 186-520-19
30 $0.00 Parcel B 186-520-20
TOTAL

ASSESSMENT
$28,319.15 (For Twenty-Eighth Year)
Each parcel is as shown on the maps of the County Assessor of the County of Marin at Book 16, Pages 32 and 33 and Book 186, Page 52.

Property descriptions are lot or parcel numbers as shown on the recorded final maps of Loch Lomond #10, recorded in Book 21 of Maps at Page 21, Marin County Records.

PART A

METHOD OF APPORTIONMENT OF ASSESSMENT

AND ALLOWABLE INCREASES

Each of the single family dwelling unit lots are assessed for equal portions of the total assessment.

And Lot 9 is assessed zero.

Assessment Parcels 1 through 8, 10 through 28, are each assessed 1/27 of the total assessment.

Assessment Parcel 9-1, 9-2, 9-3, 29, and 30 each have zero ($0.00) assessment.

METHOD OF APPORTIONMENT OF ASSESSMENT

AND ALLOWABLE INCREASES
PART A

METHOD OF APPORTIONMENT OF ASSESSMENT

AND ALLOWABLE INCREASES
2022-2023 ASSESSMENT CALCULATIONS
Applying the method outlined the following increases are allowed:

Maintenance:

Original Assessment: $225/unit
Personal Income Index 1992: $22,644
Personal Income Index 2018: $62,586
Factor $62,586 / $22,644 = 2.7369

2022-2023 Maintenance Assessment (3.85) x $225 = $867.32

Sinking Fund:

Original Assessment $100/unit
28 years at 2%, current assessment $181.14
TOTAL PROPOSED ASSESSMENT 2022-23 $1048.46 per unit
Total Available Funds (27 units) $28,319.15

ASSESSMENT ROLL
(Please Refer to Part A – Method of Apportionment of Assessment for a Summary of Changes to Assessment Roll)

ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1 016-330-01 Louis & Susan Neff
67 Las Casas Dr.

San Rafael, CA 94901
2 016-330-02 Richard & Karen Pettingill
71 Las Casas Dr., #601
San Rafael, CA 94901
3 016-330-03 Michael & Beth McCarthy
75 Las Casas Dr.

San Rafael, CA 94901
4 016-330-04 Steven & Judith Zimmerman Revocable Trust
79 Las Casas Dr.

San Rafael, CA 94901
5 016-330-05 David & Rosanna Neagle
87 Las Casas Dr.

San Rafael, CA 94901
6 016-330-06 Jarrett & Dana Evans
83 Las Casas Dr.

San Rafael, CA 94901
7 016-330-07 Ray & Lori Crawford Trust
91 Las Casas Dr.

San Rafael, CA 94901
8 016-330-08 Navinchandra & Damayanti Patel 2006 Survivors Trust
90 Las Casas Dr.

San Rafael, CA 94901
9-1 016-330-12 Lane Dooling & Robert Pullinger
84 Las Casas Dr.

San Rafael, CA 94901
9-2 016-330-13 James B. Russell
84 Las Casas Dr. – Unit 2
San Rafael, CA 94901
9-3 016-330-14 Kelly Jacqueline & Jeff Burns
84 Las Casas Dr. – Unit 3
San Rafael, CA 94901
10 016-330-10 Salama Trust
78 Las Casas Dr.

San Rafael, CA 94901

ASSESSMENT ROLL
(Please Refer to Part A – Method of Apportionment of Assessment for a Summary of Changes to Assessment Roll)

ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
11 016-330-11 Thomas J. Louderback Trust
105 Bountiful Ct.

Danville, CA 94526
12 016-321-04 Xianghua Zhang
12 Loch Haven Ct.

San Rafael, CA 94901
13 016-321-03 Timothy P. & Alice D. Pidgeon Revocable Trust 49 Inverness Dr.

San Rafael, CA 94901-2453
14 016-321-05 Miroslav & Marie Djordjevich Trust
8 Loch Haven Ct.

San Rafael, CA 94901
15 016-321-01 Dan L. Eaton & Theresa M. Sinnott-Eaton
42 Inverness Dr.

San Rafael, CA 94901
16 016-321-02 Zimmerman Family Living Trust
49 Inverness Dr.

San Rafael, CA 94901
17 016-321-06 Rachel Wahba 1999 Trust
53 Inverness Dr.

San Rafael, CA 94901
18 016-321-07 Donald D. & Susan W. Young Revocable Trust 57 Inverness Dr.

San Rafael, CA 94901
19 016-321-08 Polsky Living Trust
65 Inverness Dr.

San Rafael, CA 94901
20 016-321-09 Patrick J. & Lisa J. Helland
71 Inverness Dr.

San Rafael, CA 94901
21 016-321-10 Bijan 2005 Family Trust
75 Inverness Dr.

San Rafael, CA 94901
22 016-322-01 Karen S. Chatham Revocable Trust
369 B 3rd Street, #558
San Rafael, CA 94901

ASSESSMENT ROLL
(Please Refer to Part A – Method of Apportionment of Assessment for a Summary of Changes to Assessment Roll)

ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
23 016-322-02 Bruce & Laura M. Rubin
66 Inverness Dr.

San Rafael, CA 94901
24 016-322-03 Kevin L. & Denise S. Jones Trust
62 Inverness Dr.

San Rafael, CA 94901
25 016-322-04 Christopher J. & Luann M. Desautel
58 Inverness Dr.

San Rafael, CA 94901
26 016-322-05 Philip R. & Susan C. Seefeld Trust
54 Inverness Dr.

San Rafael, CA 94901
27 016-322-06 Fabian M. Mach & Dorothy L. Gogol-Mach
48 Inverness Dr.

San Rafael, CA 94901
28 016-322-07 Paul B. & Linnea Weiss Trust
44 Inverness Dr.

San Rafael, CA 94901
29 186-520-19 Loch Lomond Highlands Homeowners
3001 Bridgeway, #370K
Sausalito, CA 94965
30 186-520-20 Marin Municipal Water District
P.O. Box 994
Corte Madera, CA 94976-0994
PART B

ASSESSMENT DIAGRAM
The original Assessment Diagram is no longer available in the City’s files. The following represents the current District Engineer’s best re-creation of the Assessment Diagram likely used to form the District. It is based on the Record Map of Loch Lomond #10 prepared by Oberkamper & Associates Map Recorded May 27, 1993, in Book 21 of Maps, at Page 21 and the Assessment Diagram used for the Pt. San Pedro Road Median Landscaping Assessment District.

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 7.b
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin, Public Works Director City Manager Approval: ______________ TOPIC: THE VILLAGE AT LOCH LOMOND MARINA – MELLO-ROOS DISTRICT NO. 2 SUBJECT: RESOLUTION SETTING THE SPECIAL TAX FOR CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 (THE VILLAGE AT LOCH LOMOND MARINA) FOR FISCAL YEAR 2022-23
RECOMMENDATION:

Adopt a resolution setting the special tax rates for Fiscal Year 2022-23 for Community Facilities District No. 2 – the Village at Loch Lomond Marina.

BACKGROUND: In August 2007, the
City granted land use and subdivision
approvals for the Village at Loch
Lomond Marina development. The
Loch Lomond development project is a
mixed-use development which
includes the construction of singlefamily homes, flats, townhomes, and commercial facilities and the existing
marina. The project originally included
the approval of 81 residential units, 17
of which were below-market units. In 2020, the developer and City reached an agreement on an in-lieu fee for six of the below-market units, leaving 11 below-market units in the district at present.

As one condition of approving the project, the City required the developer, Marina Village Associates (MVA), to provide certain park and recreation improvements and to impose a special tax on homes in the development in order to pay for the maintenance of the landscaping, streets, sidewalks and wetland monitoring.

By adoption of Resolution No. 13014 on July 19, 2010, the City Council officially formed the community facilities district, which included all the parcels within the Village at Loch Lomond Marina Subdivision, as “City of San Rafael Community Facilities District No. 2”, pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code sections 53311 - 53368.3). It should be noted that the residential Below Market Rate (BMR) units within the district are exempt from the annual special tax.

Loch Lomond Marina Community Facilities District No. 2 Boundaries SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The facilities to be maintained by the Loch Lomond #2 CFD include:
• The Marina Green and Boardwalk
• Kayak Launch
• Park Play Equipment and Area
• 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
• 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
• Conservation/seasonal wetland area
• Roadways and sidewalks
While some of these facilities require regular maintenance (e.g., landscaping and restroom maintenance), others will need to build up reserves over a longer period of time in order to fund future repairs or reconstruction (e.g., playground structure, roads, pedestrian pathways).

The special tax has two components:

1. Capital Reserve
A portion of the annual assessment is set aside to fund larger, long-term capital improvements such as the eventual replacement of pavement, curb and gutter, roadway and other improvements that were constructed as a part of the development. At the end of the useful life of these largescale public improvements, enough funds need to have been accumulated to replace them – e.g. resurfacing the access road, etc.

As of June 30, 2022, the Capital Reserve Fund is projected to have a fund balance of $338,124, and an additional $121,000 will be added this year (based on the previous years’ contributions increase by 20% due to the rapid rise in construction costs for capital improvements). As shown below the Capital Reserve Fund, June 30, 2023, is anticipated to be $459,124 before unforeseen distributions in 2022-2023.

2. Annual Maintenance
The other portion of the annual special tax is to fund the regular and annual maintenance activities required to maintain the district’s public facilities such as landscaping of medians and pathways, garbage service, restroom maintenance and the semi-annual monitoring of wetland habitats.

As of June 30, 2022, the District will have maintained the accepted portions of the landscaping and grounds maintenance for three- and one-half months. The District contracted with Forester and Kroeger to provide this service in a manner similar to that level of maintenance that is provided in other City parks. It has become apparent that the contracted level of maintenance for both the grounds and landscaping are less than what the residents desire. The owner of the marina, Safe Harbor Marinas, has continued to assist with the responsibility for the ground maintenance. During FY 2022-23, the City will be working with the Master Village Association to SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
determine an appropriate level of maintenance that can be sustained by the District funding. The budgets for FY 2022-23 indicated in Part B reflect an increased level of maintenance that has been requested by the residents.

The special tax was first levied during the FY 2017-18 fiscal year, based on upon the progress being made on construction of the subdivision improvements. It was imperative that funds were available for annual maintenance once the public improvements were turned over to the City and to start funding the Capital Reserves since the improvements, while not accepted by the City, were being used by the residents and the public.

However, various construction delays resulted in the developer, Marina Village Associates, LLC not finishing the improvements that year as anticipated. Various punch-lists were provided to the developer and on February 15, 2022, the City accepted the Landscaping and streets, drainage, and other facilities with the exception of the Central Jetty park, adjacent parking and restroom and the Breakwater connector, adjacent parking and restroom since those areas will be reconstructed during FY 2022-23.

Currently, the HOA is working with Forster & Kroeger to maintain the facilities at the level which the public has come to expect.

ANALYSIS: Since the first year assessments were levied in FY 2017-18, the history of assessments has been as followed:

Residential
(per unit)
NonResidential
(per sq ft)
Marina (lump
sum)
FY 2017-18 Max. allowable $1,948 $0.92 $59,260
Actual $1,948 $0.92 $59,260
FY 2018-19 Max. allowable $2,439 $1.15 $74,216
Actual $760 $0.36 $23,112
FY 2019-20 Max. allowable $3,152 $1.49 $95,927
Actual $760 $0.36 $23,112
FY 2020-21 Max. allowable $3,193 $1.51 $97,155
Actual $1,597 $0.75 $48,576
FY 2021-22 Max. allowable $3,193 $1.51 $97,155
Actual $1,597 $0.75 $48,576
FY 2022-23 Max. allowable $3,315 $1.57 $100,857
Actual (proposed) $2,203.18 $1.04 $67,034.60
As previously referenced, the annual assessment has two portions: the capital reserve to save for longterm replacement of major infrastructure, and the annual maintenance costs.

The maintenance portion has yet to be utilized because the improvements have not been accepted by the City. Therefore, this portion of the annual assessment fund continues to build. The capital reserve fund continues to build as it was designed to in order to generate sufficient funds in a number of years to resurface the roadways, replace pathways, etc.

The FY 2022-23 Engineer’s Report recommends the District assess properties in the District at an amount of $2,203.18 per residential unit. Since City maintenance of the public facilities has not yet begun as the facilities have not been given to the City, there is available fund balance to use towards the annual SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
maintenance costs for FY 2021-22 and therefore the maximum assessment does not need to be levied.

However, an assessment which goes towards the capital reserve fund still must be levied at the full amount since the facilities must be eventually replaced based on their anticipated useful life since originally constructed.

Adjustments to Maximum Allowable Assessment reflect an increase in inflation from the base year of June 2010. The increases are based on the Consumer Price Index (CPI) for the San Francisco-OaklandHayward region.

The FY 2022-23 assessment will generate $244,286.06 in revenues, of which $121,000 will be applied towards the Capital Reserve Fund, as consistent with the capital reserve set-aside policies in the Engineer’s Report. The remaining $123,286.06 will go towards the Annual Maintenance Fund with planned maintenance expenditures as follows (the difference in the total cost of annual maintenance of $191,114 will be made up with fund balance):

Annual Maintenance Fund
Maintenance
Groundskeeping and Landscaping services $47,000
Litter Removal $54,000
Utilities (Refuse, Water, Sewer & Electrical) $30,600
Uncollected Assessments (2021-22) at 8% $12,214
Irrigation Maintenance start-up repairs and checking $5,000 Restroom Cleaning and Maintenance $21,300
Street Sweeping $800
Playground Inspection $400
Storm Drain Maintenance Catch Basins $10,300
Storm Response $1,500
Annual Engineer’s Report $7,000
County Administration Fee $1000
$191,114
Special Charges (funded by MVA through the District
Signs $ 4,926
SE Corner Landscaping $ 2,500
Landscape replacement $11,400
Total Special Charges $18,826
Total Maintenance and Special charges $209,940

Annual Capital Reserve Fund Contribution $121,000
Total Loch Lomond CFD #2 FY 2021-22 Expenditures $330,940 The special tax is not term-based, nor does it sunset. The special tax will continue to be levied in perpetuity as specified in the formation documents.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Staff has prepared a resolution for the City Council to adopt to impose the required special tax for FY 2022-23. The special taxes will be included on the County property tax bills and will be collected by the County of Marin.

FISCAL IMPACT: The FY 2022-23 assessment will generate $244,286.06 in revenue required to support maintenance and capital reserves towards the new City facilities in Community Facilities District No. 2.

All special tax revenues and expenditures related to the district will be maintained in the Loch Lomond Marina Assessment District Fund (fund no. 237).

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt the resolution as presented setting the special tax rates for FY 2022-23.

2. Adopt the resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt a resolution setting the Mello-Roos Special Tax for City of San Rafael Community Facilities District No. 2 for Fiscal Year 2022-23.

ATTACHMENTS:

1. Resolution Setting the Mello-Roos Special Tax for City of San Rafael Community Facilities District No. 2 for Fiscal Year 2022-23

2. Annual Engineers Report for Loch Lomond CFD No. 2
1 RESOLUTION NO.

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 2022-23
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 2022-23 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 2022-23;
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 2022-23, as set forth in the Engineer’s Annual Report for fiscal year 2022-23 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 6th day of June 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk

ENGINEER'S ANNUAL REPORT
FOR

COMMUNITY FACILITIES DISTRICT
LOCH LOMOND #2
2022-2023

FOR THE CITY OF SAN RAFAEL

CALIFORNIA

COUNCIL MEETING
JUNE 6, 2022
Prepared By:

CSW/Stuber-Stroeh Engineering Group, Inc.
45 Leveroni Court
Novato, CA 94949
CSW ST 2

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ENGINEER'S ANNUAL REPORT
2022-2023
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.

DATED: ____________, 2022.

CSW/STUBER-STROEH ENGINEERING GROUP, INC.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
I HEREBY CERTIFY that the enclosed Engineer's Annual Report, together with Assessment and Assessment Diagram thereto attached, was approved on __________, 2020 and confirmed by the City Council of the City of San Rafael, Marin County, California, on the ___________________ day of ___________________, 2022.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________
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 ____________________ day of ____________________, 2022.

LINDSAY LARA, City Clerk, City of San Rafael, Marin County, California
By ______________________________________

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ENGINEER'S ANNUAL REPORT
2022-2023
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 City Council, by its Resolution No. ___________, adopted ______________, 2022.

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 assessment district. The diagram is keyed to Part "C" by assessment number.

Respectfully submitted,
CSW/Stuber-Stroeh Engineering Group, Inc.

By ______________________________________
Alan G. Cornwell, Engineer of Work
PART A

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INTRODUCTION AND BACKGROUND INFORMATION
The Loch Lomond Project
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 was 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
PART A

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx 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 Maintained
The facilities to be maintained include those specifically described in Condition 45 of the Approval Resolution:
 The Marina Green and Boardwalk
 Kayak Launch
 Park Play Equipment and Area
 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
 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
 Conservation/seasonal wetland area
 Roads, streets, sidewalks, and stormwater infrastructure  Parkway strip along Point San Pedro Road frontage of the commercial and residential properties (This is added in the 2021-2022 Engineer’s Report to reflect the responsibility of the Master Association and its various sub-associations.) 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 PART A

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx 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.

June 2018 Status and Actions
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 had a positive account balance to pay for maintenance, fund capital replacement, and pay for City administration.

Since the District holds unused maintenance funds from the previous year, there was 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 needed to be funded for Fiscal Year 2019-2020. The fiscal year assessment remained the same as 2018-2019 to cover only the capital fund, City oversite, and contingencies totaling $79,737.22. The breakdown of these costs can be found in Part B below.

June 2019 Status and Actions
The developer had completed the punch list and had been in the process of 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 anticipated that this will be complete within the next 60 to 90 days. The City had requested quotes from landscape maintenance contractors to maintain the public areas, once accepted. For these reasons the City anticipated 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 areas 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 was anticipated that during fiscal year 2019-2020 the District would 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.

June 2020 Status and Actions
The developer has completed most of the improvements for the Phase 1 “Backbone” infrastructure.

On April 20, 2020, the City Council voted to accept the partial completion of the infrastructure, and authorize the City Manager and Mayor to enter into a combined Subdivision Improvement Agreement which covers the remaining work to be completed as well as the flooding repairs, described above, kayak dock and other small improvements that will, when completed become part of the maintenance responsibility of CFD-2. In anticipation of the City accepting the improvements the City will be soliciting proposals from Landscape Maintenance firms to begin maintaining the CFD-2 facilities in fiscal year 2020-2021.

PART A

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx At the writing of this report, the City has prepared and delivered to the developer an combined Subdivision Improvement Agreement (SIA) and is waiting for the developer to execute, provide bonds, and complete the Memorandum of Understanding and BMR buyout agreements which parallel the combined SIA.

The current assessments cover three areas: Capital Reserve Fund, Annual Maintenance Fund, and a Contingency.

Capital Reserve Fund: As discussed above a contribution to the Capital Reserve Fund will need to be annually in order for the District to have funds available to replace pavements, curb and gutter and other improvements in the future as the useful life expires. The amount of the Capital Reserve currently stands as $164,124.00 and another $59,000.00 will be added this year.

Annual Maintenance: Since the Maintenance portion has yet to be tapped, if no increase in assessments for 2020-2021 are made, the District would enter the 2021-2022 fiscal year with minimal reserves. In addition, a significant increase in assessment would be required. The Engineer recommends that the District increase the assessment for 2020-2021 as calculated in Part D below and as follows:

Proposed Assessments for the year 2020-2021:

Residential $1,596.51 per residential unit
Non-Residential $0.75 per square foot of non-residential area Marina $48,575.80 Lump Sum
$172,100.92 Total Anticipated Revenue for the year 2020-2021 In should be noted that the District will be again increasing the assessment next year to levels similar to the assessments levied in the first year of the district. This is based on the District now fulfilling its function of maintaining the landscaping and other improvements within the District.

The maintenance can be separated into three components. First, will be weekly or more often (depending on the time of year) landscape maintenance consisting of mowing, trash collection, dog waste control, pruning and other items. Second, will be the monthly, quarterly, or semi-annual inspections of equipment and structural facilities to confirm that they can be safely used. Third, will be the cost of the water to provide irrigation to keep the landscaping grass, plants, shrubs, and trees in a healthy condition.

The District will be assuming these costs from the developer upon final acceptance The District has reviewed the costs that the developer has incurred in the past 18 months for maintenance. The developer has stated that these costs include areas of maintenance that will not be assumed by the District. A review of those costs and making some reduction for areas the District will not maintain were compared with the original budgets established for the District when formed in 2010 to determine a probable budget for 2020-2021.

Contingency: As noted in the financial summary in Part B, the District carries a contingency for unforeseen circumstances. The contingency is large this year in anticipation of the District assuming the maintenance responsibilities.

PART A

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx June 2021 Status and Actions
The Developer has taken major actions with respect to ownership during FY 20-21. However, while the City Council has voted to accept the partial completion (April 2020), the developer has yet to complete the punch list and continues to maintain the landscaping.

The major actions included transferring ownership of the Marina Property to Safe Harbor Marinas and transferring the ownership of the second phase of the residential development to Trumark Homes. In addition, Trumark Homes has an option to purchase the Mixed-use building.

The developer also requested to “buy-out” the remaining BMR units and pay an in-lieu fee to do so.

This action was also approved by the City Council and has been executed by both the Developer and the City. For the CFD this will provide 6 additional units to assess going forward, since the original District did not include assessments on BMR units. It is the Engineers recommendation that these additional units be assessed at the same rates as the other residential properties, providing a nominal increase in total revenue for the District.

The District collects assessments to cover three areas of funding: Capital Reserve Fund, Annual Maintenance Fund and a Contingency. The 2021 status of these funds are discussed below.

Capital Reserve Fund: The Capital Reserve Fund needs to be collected annually in order for the District to have funds available to replace pavements, curb and gutter and other improvements in the future as the infrastructure approaches the end of its useful life. The amount of the Capital Reserve currently stands at $223,124 and an additional $115,000 (including the assessments for the former BMR units) will be added this year. As shown below the Capital Reserve Fund, June 30, 2022, is anticipated to be $338,124 before unforeseen distributions in 2021-2022.

Annual Maintenance: Since the Maintenance portion has yet to be tapped, this fund continues to build. Nevertheless, the Engineer recommends the District continue to assess properties in the District on the schedule suggested in the 2020-2021 Report. This will provide a graduated “bump” in assessments to meet the rate needed to cover all the expenses once the City accepts the improvements from the developer. The Engineer recommends that the District increase the assessment for 2021-2022 as calculated in Part D and noted as follows:

Proposed Assessments for the year 2021-2022:

Residential $1,915.81 per residential unit
Non-Residential $0.90 per square foot of non-residential area Marina $58,290.96 Lump Sum
$228,108.03 Total Anticipated Revenue for the year 2021-2022 Currently the District is carrying $223,670.00 in un-allocated maintenance since the developer has yet to complete the improvements for the City to accept and the CFD to begin maintaining. If this continues for FY 2021-2022, the maintenance fund would add an additional $160,000 and the District will re-evaluate the assessments. However, this is unlikely. Should this occur, the anticipated funds available for maintenance would be $383,670.00 without any expenses.

It should be noted that the increase next year may need to be made to bring the assessment funding in line with the max assessments allowed in the District formation documents and further increase would be only based on the index allowed for the District.

PART A

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx The District will be assuming all costs from the developer upon final acceptance. Since the District will be accepting infrastructure that is several years old, the Engineer recommends that any monies not used in District maintenance be allocated to repair infrastructure under the Capital Reserve Fund.

June 2022 Status and Actions
In April, 2020, the City agreed to partially accept the improvements constructed by the developer, Marina Village Associates (MVA). The improvements that were to be accepted included the roadway and parking areas, landscape maintenance, marina green, the west jetty and other ancillary facilities. However, MVA did not complete the work and the punch list items until January, 2022.

The City did agree to accept those improvements and take on the maintenance of the accepted portion of the District on February 15, 2022. The specific areas that the City is not accepting are the playground and middle jetty as well as the restroom and adjacent parking area and the breakwater and access to the breakwater including the adjacent parking and restroom. These improvement require additional work, which MVA is permitted and scheduled to complete in the summer through spring of 2022-2023.

To affect the maintenance, the City contracted with Forster and Kroger on a month to month basis to cover landscaping maintenance on the accepted portion of the project through the remainder of the fiscal year. The maintenance level originally anticipated in the formation of the District matched that provided by the City in other public parks. Since the areas have been open to the public, MVA and their successor owner of the marina, Safe Harbor Marinas, have maintained the property more aggressively, on an almost daily basis. This is the condition that the residents and the visiting public have come to expect in the area.

While the City supports the concept to continue to maintain the area in the manner to which the residents have become accustom, it is unclear whether the financing provided by the District will be able to sustain that level of maintenance in the long term. Currently there are some surplus funds resulting from MVA’s lack of completing the improvements which can help to fund a more intensive maintenance schedule. Furthermore, as shown in Part D below, the District has the ability to increase the assessments to help fund the level of maintenance that is expected by the residents.

The residents have requested that a District oversight committee be established to work with the City in managing the District finances and guide the maintenance in the future. The City and the residents will be exploring this relationship further in the coming fiscal year.

The District collects assessments to cover three areas of funding: Capital Reserve Fund, Annual Maintenance Fund and a Contingency. The 2022 status of these funds are discussed below.

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx Reserve currently stands at $338,124 and an additional $121,000 (based on the previous years’ contributions increase by 20% due to the rapid rise in construction costs for capital improvements) will be added this year. As shown below the Capital Reserve Fund, June 30, 2023, is anticipated to be $459,124 before unforeseen distributions in 2022-2023.

Annual Maintenance: Since the Maintenance portion has just begun to be tapped, this fund had continued to build during the current fiscal year. Nevertheless, and based on the level of maintenance expected by the residents, the Engineer recommends the District continue to assess properties in the District. The Engineer suggest increasing the assessments so that the District participants experience a graduated “bump” in assessments to meet the rate needed to cover all the expenses once the City accepts the improvements from the developer and the level of maintenance required become apparent. The Engineer recommends that the District increase the assessment for 2022-2023 as calculated in Part D and noted as follows:

Proposed Assessments for the year 2022-2023:

Residential $2,203.18 per residential unit
Non-Residential $1.04 per square foot of non-residential area Marina $67,034.60 Lump Sum
$244,286.06 Total Anticipated Revenue for the year 2021-2022 Currently the District is carrying $276,120.42 in un-allocated maintenance since the developer has yet to complete the improvements for the City to accept and the CFD to begin maintaining. As noted above this will be evaluated during FY 2022-2023 to determine what the maintenance fund will require going forward.

It should be noted that future increases may need to be made to bring the assessment funding in line with the max assessments allowed in the District formation documents and further increase would be only based on the index allowed for the District.

The District will be assuming all costs from the developer upon final acceptance. Since the District will be accepting infrastructure that is several years old, the Engineer recommends that any monies not used in District maintenance be allocated to repair infrastructure under the Capital Reserve Fund.

Contingency: As noted in the financial summary in Part B, the District carries a contingency for unforeseen circumstances. The contingency remains relatively large in anticipation of the District assuming the maintenance responsibilities and determining the acceptable level of maintenance to meet the residents’ expectations as well as covering deferred maintenance of completed improvements such as resealing the asphalt pavement and repairing damaged fixtures and furniture.

PART B

ESTIMATE OF COSTS

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx FIRST YEAR EXPENDITURES 2017-2018
2017-2018 County Administration Fee $ 130.00
First Year Capital Contribution Fund $ 52,075.30
2017-2018 Surplus $ 142,248.30
Annual Adjustment June 22 – July 1, 2018 $ 11,112.40

SURPLUS & RESERVE FUND TO CARRY FORWARD
Available Funds on July 1, 2018 $ 205,566.00
SECOND YEAR EXPENDITURES 2018-2019 $ 7,552.67 $ 198,013.33 2018-2019 Revenue
Assessment Proceeds 2018-2019 $ 75,750.34
Interest $ 957.90
$ 76,708.24

SURPLUS & RESERVE FUND TO CARRY FORWARD
Available Funds on July 1, 2019 $ 282,719.1
THIRD YEAR EXPENDITURES 2019-2020
Projected Available Funds on July 1, 2020 $ 358,073.41
Adjustment to match actual funds available July 1, 2020 $ 6,826.59 2019-2020 County Administration Fee $ (97.50)
2019-2020 Annual Engineer’s Report $ (4,949.45)
Assessment Proceeds 2019-2020 $ 75,710.21
Interest $ 4,690.99
Available Funds on July 1, 2020 $ 364,900.00
FOURTH YEAR EXPENDITURES 2020-2021
2020-2021 County Administration Fee $ (130.00)
2020-2021 Annual Engineer’s Report $ (5,152.54)
Assessment Proceeds 2020-2021 $ 159,031.83
Interest $ 653.72
Available (Estimated) Funds on July 1, 2021 $ 519,303.01 Adjustment to match final amount ($ 8,944.57)
Total Actual funds available July 1, 2021 ($ 510,358.44) FIFTH YEAR EXPENDITURES 2021-2022
County Administration Fee $ 138.00
Assessor/Recorders Fee $ 0.00
Landscape Maintenance (2 months) $ 8,000.00
Landscaping mulching $ 6,800.00
Landscaping monthly fee (April, May, June) $ 12,000.00
Utilities (Water) Estimate February - June $ 15,000.00
Annual Engineer’s Report $ 5,900.00
$ 47,838.00
PART B

ESTIMATE OF COSTS

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx Assessment Proceeds 2021-2022 $ 201,869.26
MVA Payments for signs, mulching, and plant replacement $ 25,626.00 Estimated Available Funds on July 1, 2021 $ 610,015.70
SIXTH YEAR ESTIMATED EXPENSES 2022-2023
Uncollected Assessments (2021-2022) at 8% $ 12,214.30
Restroom Cleaning and Maintenance (7 days/week; 4 months) $ 21,300.00 Litter Removal (7 days/week; 4 months) $ 54,000.00
Landscape Maintenance (mowing, blowing, weeds, pruning, etc.) $ 37,000.00 Playground Inspection (3 months) $ 400.00
Irrigation Maintenance start-up repairs and checking $ 5,000.00 Utilities (Water) $ 27,000.00
Utilities (Sewer) $ 2,400.00
Utilities (Electrical) $ 1,200.00
Street Sweeping $ 800.00
Storm Drain Maintenance Inc. Catch Basins $ 10,300.00
Storm Response $ 1,500.00
Annual Engineer’s Report $ 7,000.00
County/City Administrative Fee $ 1,000.00
$ 181,114.30
Special Charges
Signs $ 4,926.00
SE corner landscaping $ 2,500.00
Replacement landscaping $ 11,400.00
$ 199,940.30
Capital Reserve Fund (Held 2021-2022) $ 338,124.00
Capital Reserve Contribution (2022-2023) $ 121,000.00
Anticipated Capital Reserve Fund June 30, 2023 $ 459,124.00 Total Anticipated Sixth Year Expenses and Allocations 2022-2023 $ 659,064.30 Contingencies (Future Additional Capital Reserve and Maintenance Takeover Costs) $ 275,237.46

TOTAL ANTICIPATED SIXTH YEAR EXPENSES
AND ALLOCATIONS: $ 934,301.76
SIXTH YEAR ASSESSMENT FUNDING $ 244,286.06
Total estimated Available Funds June 30, 2023 $ 934,301.76 PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
Fiscal Year
2022-2023

PROPERTY

DESCRIPTION
Loch Lomond

ASSESSOR'S
PARCEL
NUMBER
2 $17,563.22 Lot 2 016-070-14
3 $13,861.74 Lot 3 016-070-16
4 $2,619.80 Lot 4 016-070-17
5 $67,034.60 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 $2,203.18 2 016-341-02
1-3 $0.00 3 016-341-03
1-4 $2,203.18 4 016-341-04
1-5 $2,203.18 5 016-341-05
1-6 $2,203.18 6 016-341-06
1-7 $2,203.18 7 016-341-07
1-8 $2,203.18 8 016-341-08
1-9 $2,203.18 9 016-341-09
1-10 $2,203.18 10 016-341-10
1-11 $2,203.18 11 016-341-11
1-12 $2,203.18 12 016-341-12
1-13 $2,203.18 13 016-341-13
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
Fiscal Year
2022-2023

PROPERTY

DESCRIPTION
Loch Lomond

ASSESSOR'S
PARCEL
NUMBER
1-14 $2,203.18 14 016-341-14
1-15 $2,203.18 15 016-341-15
1-16 $2,203.18 16 016-341-16
1-17 $2,203.18 17 016-341-17
1-18 $2,203.18 18 016-341-18
1-19 $2,203.18 19 016-341-19
1-20 $2,203.18 20 016-341-20
1-21 $2,203.18 21 016-341-21
1-22 $2,203.18 22 016-341-22
1-23 $2,203.18 23 016-341-23
1-24 $2,203.18 24 016-341-24
1-25 $2,203.18 25 016-341-25
1-26 $2,203.18 26 016-341-26
1-27 $2,203.18 27 016-341-27
1-28 $2,203.18 28 016-341-28
1-29 $2,203.18 29 016-341-29
1-30 $2,203.18 30 016-341-30
1-31 $2,203.18 31 016-341-31
1-32 $2,203.18 32 016-341-32
1-33 $2,203.18 33 016-341-33
1-34 $2,203.18 34 016-341-34
1-35 $2,203.18 35 016-341-35
1-36 $0.00 36 016-341-36
1-37 $2,203.18 37 016-341-37
1-38 $0.00 38 016-341-38
1-39 $2,203.18 39 016-341-39
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
Fiscal Year
2022-2023

PROPERTY

DESCRIPTION
Loch Lomond

ASSESSOR'S
PARCEL
NUMBER
1-40 $2,203.18 40 016-341-40
1-41 $0.00 41 016-341-41
1-42 $2,203.18 42 016-341-42
1-43 $0.00 43 016-341-43
1-44 $2,203.18 44 016-341-44
1-45 $2,203.18 45 016-341-45
1-46 $0.00 46 016-341-46
1-47 $2,203.18 47 016-341-47
1-48 $0.00 48 016-341-48
1-49 $2,203.18 49 016-341-49
1-50 $2,203.18 50 016-341-50
1-51 $0.00 51 016-341-51
1-52 $2,203.18 52 016-341-52
1-53 $2,203.18 53 016-341-53
1-54 $2,203.18 54 016-341-54
1-55 $2,203.18 55 016-341-55
1-56 $2,203.18 56 016-341-56
1-57 $0.00 57 016-341-57
1-58 $2,203.18 58 016-341-58
1-59 $2,203.18 59 016-341-59
1-60 $0.00 60 016-341-60
1-61 $2,203.18 61 016-341-61
1-62 $2,203.18 62 016-341-62
1-63 $2,203.18 63 016-341-63
1-64 $2,203.18 64 016-341-64
1-65 $2,203.18 65 016-341-65
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
Fiscal Year
2022-2023

PROPERTY

DESCRIPTION
Loch Lomond

ASSESSOR'S
PARCEL
NUMBER
1-66 $2,203.18 66 016-341-66
1-67 $2,203.18 67 016-341-67
1-68 $2,203.18 68 016-341-68
1-69 $2,203.18 69 016-341-69
1-70 $2,203.18 70 016-341-70
1-71 $2,203.18 71 016-341-71
1-72 $2,203.18 72 016-341-72
1-73 $2,203.18 73 016-341-73
1-74 $2,203.18 74 016-341-74
1-75 $2,203.18 75 016-341-75
1-76 $2,203.18 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
PART C

ASSESSMENT ROLL
(Please Refer to Part D – Method of Apportionment of Assessment for a Summary of Changes to Part C – Assessment Roll

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SPECIAL

ASSESSMENT
NUMBER

AMOUNT OF

ASSESSMENT
Fiscal Year
2022-2023

PROPERTY

DESCRIPTION
Loch Lomond

ASSESSOR'S
PARCEL
NUMBER
1-92 $0.00 G 016-341-92
TOTAL

ASSESSMENT
$244,286.06 (For 2022-2023 Fiscal Year)
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:

PART D

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx 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 longterm 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.

PART D

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

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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 privatelyheld 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.

PART D

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx 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 NonResidential 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.

PART D

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx 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: As noted above the District is allowed to increase assessments based on the CPI for the San Francisco-Oakland Hayward region. The CPI index for April 2021 (latest available) is 309.419. This is an increase of 3.81% from April, 2020 (309.419/298.074).

Based on this information, the Maximum Allowable Assessment for the 2022-2023 year would be:

Residential $3,193.14 x 1.0381 = $3,314.80 per residential unit Non-Residential $1.51 x 1.0381 = $1.57 per Sq Ft of non-residential area Marina $97,155.10 x 1.0381 = $100,856.71 Lump Sum
Since the District (and the City) have not accepted the improvements for the CFD to maintain, not all of this funding is required at this time. Nevertheless, the Engineer recommends an increase in funding in anticipation of accepting the improvements and recognizing that due to the age of the improvements and the use to which they have been subject since opening to the public. A 3.85% increase is recommended, yielding the following assessments for 2021-2022:

Residential $2,203.18 per residential unit
PART D

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx Non-Residential $1.04 per square foot of non-residential area Marina $67,034.60 Lump Sum
Setting the amount in 2022-2023 does not preclude future increases in future years to the maximum allowable assessment based on the CPI.

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 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. 2021-2022 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 PART D

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx on the Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward region. The Maximum Allowable assessment for the 2021-2022 year for each category is calculated as follows:

Base Year 2011:

Residential $ 2,439.22 per residential unit
Non-Residential $ 1.15 per square foot of non-residential area Marina $ 74,216.22 lump sum
Base Year June, 2010, CPI = 227.697
CPI, April, 2021 (Latest available data) = 309.419
Allowable increase 309.419/298.074 = 1.359
Maximum Allowable Assessment 2021-2022 year:

Residential $3,193.14 x 1.0381 = $3,314.80 per residential unit Non-Residential $1.51 x 1.0381 = $1.57 per square foot of non-residential area Marina $97,155.10 x 1.0381 =$100,856.71 Lump Sum
The Actual assessments for 2021-2022 will be based on the partial needs of the District as outlined elsewhere in this report and be increased for the year 2022-2023 as shown below.

Assessments for the year 2022-20232:

Residential $2,203.18 per residential unit
Non-Residential $1.04 per square foot of non-residential area Marina $67,034.60 Lump Sum
Setting the amount in 2022-2023 does not preclude future increases to the maximum allowable based on the CPI in future years.

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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
2 016-070-14
3 016-070-16
4 016-070-17
5 016-070-09
A 016-070-12
B 016-070-10
C 016-070-13
D 016-070-19
E 016-070-15
F 016-070-18
G 016-070-21
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
H 016-070-22
I 016-070-20
1-1 016-341-01
1-2 016-341-02
1-3 016-341-03
1-4 016-341-04
1-5 016-341-05
1-6 016-341-06
1-7 016-341-07
1-8 016-341-08
1-9 016-341-09
1-10 016-341-10
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1-11 016-341-11
1-12 016-341-12
1-13 016-341-13
1-14 016-341-14
1-15 016-341-15
1-16 016-341-16
1-17 016-341-17
1-18 016-341-18
1-19 016-341-19
1-20 016-341-20
1-21 016-341-21
1-22 016-341-22
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1-23 016-341-23
1-24 016-341-24
1-25 016-341-25
1-26 016-341-26
1-27 016-341-27
1-28 016-341-28
1-29 016-341-29
1-30 016-341-30
1-31 016-341-31
1-32 016-341-32
1-33 016-341-33
1-34 016-341-34
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1-35 016-341-35
1-36 016-341-36
1-37 016-341-37
1-38 016-341-38
1-39 016-341-39
1-40 016-341-40
1-41 016-341-41
1-42 016-341-42
1-43 016-341-43
1-44 016-341-44
1-45 016-341-45
1-46 016-341-46
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1-47 016-341-47
1-48 016-341-48
1-49 016-341-49
1-50 016-341-50
1-51 016-341-51
1-52 016-341-52
1-53 016-341-53
1-54 016-341-54
1-55 016-341-55
1-56 016-341-56
1-57 016-341-57
1-58 016-341-58
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1-59 016-341-59
1-60 016-341-60
1-61 016-341-61
1-62 016-341-62
1-63 016-341-63
1-64 016-341-64
1-65 016-341-65
1-66 016-341-66
1-67 016-341-67
1-68 016-341-68
1-69 016-341-69
1-70 016-341-70
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1-71 016-341-71
1-72 016-341-72
1-73 016-341-73
1-74 016-341-74
1-75 016-341-75
1-76 016-341-76
1-77 016-341-77
1-78 016-341-78
1-79 016-341-79
1-80 016-341-80
1-81 016-341-81
1-82 016-341-82
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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ASSESSMENT
NUMBER

ASSESSOR'S
PARCEL

NUMBER NAME AND ADDRESS
1-83 016-341-83
1-84 016-341-84
1-85 016-341-85
1-86 016-341-86
1-87 016-341-87
1-88 016-341-88
1-89 016-341-89
1-90 016-341-90
1-91 016-341-91
1-92 016-341-92
PART F

ASSESSMENT DIAGRAM

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P:\Shared\Projects\Legacy\Novato\04\4116124\DOC\2022-2023 Annual Engineer's Report\2022-06-01 Loch Lomond CFD #2 Annual Engineer's Report (4.1161.24).docx See sheets 1 through 2 in attached packet.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 8.a
Meeting Date: June 6, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: BOARD AND COMMISSION UPDATES
SUBJECT: RESOLUTION AND ORDINANCE CHANGES TO EXISTING CITY BOARDS AND

COMMISSIONS
I. RESOLUTION AMENDING THE BICYCLE AND PEDESTRIAN ADVISORY

COMMITTEE BYLAWS
II. PASS TO PRINT AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 2.16.020 THROUGH 2.16.023 OF THE SAN RAFAEL MUNICIPAL

CODE RELATED TO THE PARK AND RECREATION COMMISSION
III. RESOLUTION AMENDING THE PARK AND RECREATION COMMISSION BYLAWS
IV. PASS TO PRINT AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 2.16.040 THROUGH 2.16.110 OF THE SAN RAFAEL MUNICIPAL

CODE RELATED TO THE PLANNING COMMISSION
V. RESOLUTION AMENDING THE PLANNING COMMISSION BYLAWS
RECOMMENDATION:

Approve the following actions:
i. Resolution Amending the Bicycle and Pedestrian Advisory Committee Bylaws ii. Pass to Print an Ordinance of the City of San Rafael Amending Sections 2.16.020 Through

2.16.023 of the San Rafael Municipal Code Related to the Park and Recreation Commission
iii. Resolution Amending the Park and Recreation Commission Bylaws iv. Pass to Print an Ordinance of the City of San Rafael Amending Sections 2.16.040 Through

2.16.110 of the San Rafael Municipal Code Related to the Planning Commission v. Resolution Amending the Planning Commission Bylaws
BACKGROUND:

With the exception of the Planning Commission, which is a decision-making body, the City’s Boards, commissions, and committees (“BCC’s”) are advisory bodies, made up of volunteer community members who are appointed by the City Council to serve in an advisory role by reviewing and making recommendations to the City Council on matters within a certain purview. The City of San Rafael has 12 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
active BCC’s, each with varying styles of guidelines which outline how they carry out business as an advisory body to the San Rafael City Council. BCCs are either established by the voters (through a ballot initiative), by resolution of the City Council, or ordinance (and codified in the San Rafael Municipal Code) and the Council has the discretion to both add and remove volunteers.

Based on a review of our current BCC’s, staff recommends changes to the Bicycle and Pedestrian Advisory Committee, the Park and Recreation Commission and the Planning Commission with regard to membership and eligibility requirements.

Current Makeup:

Bicycle and Pedestrian Advisory Committee
o 7 voting members
o 2 youth members
o 2 alternate members
Park and Recreation Commission
o 7 voting members
Planning Commission
o 7 voting members
ANALYSIS:

Staff is recommending changes to the membership and/or eligibility requirements for the Bicycle and Pedestrian Advisory Committee, Park and Recreation Commission and the Planning Commission. In an effort to bring our advisory bodies to a total of five voting members, staff recommends amending the membership of the Park and Recreation Commission and the Bicycle and Pedestrian Advisory Committee to five voting members. The purpose of this change is to have uniformity across our advisory committees, improve efficiencies in meetings, and have inclusivity of experiences in our members, while remaining manageable.

Bicycle and Pedestrian Advisory Committee:

In 2015 the City Council accepted the staff report revising the Bicycle and Pedestrian Advisory Committee’s mission, and no changes have been made to the Committee since then. The Bicycle and Pedestrian Advisory Committee is comprised of seven adult voting members, two youth voting members and two alternate members. In an effort to move our advisory bodies to a total of five voting members, staff is recommending the Committee be comprised of five members and one alternate member. Current eligibility requirements include residing in city limits and/or owning property or a business in city limits, and being at least 18 years of age except for youth members. Staff recommends changing eligibility to those who “reside or work in city limits” and to remove the 18 or older clause. This format will allow for youth members to be appointed at any time instead of when a vacancy for the youth member is created.

If the recommended changes are approved, the changes to membership will happen through attrition. As terms expire, staff will not fill the vacancies until the new membership number is reached. No current members will be removed to meet the new composition of the board.

In addition, staff is recommending adoption of bylaws for the Committee to be consistent with recently approved bylaws for other boards, to include clear information on meetings, voluntary resignation and compensation, and to include the policy on term limits as outlined in Resolution No. 13681 approved by the City Council in February 2014. These rules and procedures are consistent with current practice; however, incorporating them into bylaws will clarify the expectations for Committee members.

Attachment 1 to this report is a resolution adopting the proposed bylaws.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Present Proposed
9 members:
7 regular members (voting)
2 youth members (voting)
2 alternates (non-voting)
5 members:
5 regular members (voting)
1 alternate (non-voting)
Must reside or own business or property in city
limits
Must reside or work in city limits
Regular members must be 18 years or older if not
the youth member
Silent on age requirements for regular members
Silent on compensation Provides authority to approve compensation of Commissioners by resolution
Silent on voluntary resignation 2 unexcused absences in a calendar year constitute voluntary resignation
Silent on the term limits approved in 2014 Maximum of 2 consecutive four-year terms Park and Recreation Commission
The Park and Recreation Commission is currently comprised of seven voting members. In an effort to move our advisory bodies to a total of five voting members, staff is recommending the Commission be comprised of five voting members. If approved, the changes to membership will happen through attrition.

As terms expire, staff will not fill the vacancies until the new membership number is reached. No current members will be removed to meet the new composition of the board. With the prior merger of the Community Services Department and the Library Department to the Library and Recreation Department, it is possible there would be a future desire to combine the Park and Recreation Commission and the Board of Library Trustees. Changing the membership from seven to five would assist that process should the City Council ever wish to make that change.

The Park and Recreation Commission is required per the City’s Charter. Commission membership, terms, and powers and duties are set forth in San Rafael Municipal Code Sections 2.16.021 through

2.16.023. Staff is recommending that the City Council adopt an ordinance (Attachment 2) amending the code to allow specific details of the commission such as meeting frequency, eligibility requirements, membership composition, and compensation, to be approved by resolution of the City Council instead of ordinance. Also, staff recommends that the Commission’s powers and duties be amended to remove the Commission’s power to review and make comments and recommendations regarding the annual operating budget of the department, as the City Council is the budget review authority. Additionally, staff recommends that the City Council approve a resolution (Attachment 3) adopting Park and Recreation Commission Bylaws which will outline specific information about the Commission and be consistent with recently approved bylaws for boards and commissions, as well as include the policy on term limits as outlined in the resolution approved by the City Council in February 2014.

Present Proposed
Ordinance
7 members 5 members
Masculine language Gender-neutral language
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Term of office and removal Delete this section – duplicative to Charter Article VIII, Section 11
Operating budget review Deletion of review, comment, and recommendations regarding department
operating budget
Requirement to serve without compensation set
by Municipal Code
Provides authority to approve compensation of
Commissioners by resolution
Bylaws
Silent on voluntary resignation Unexcused absences from 2 consecutive Commission meetings without notification to Staff
Liaison shall constitute voluntary resignation
Silent on the term limits approved in 2014 Maximum of 2 consecutive four-year terms Planning Commission
The Planning Commission is comprised of seven at-large voting members. With our recent transition to district-based City elections, staff is recommending four of the seven voting members be representatives of each district, and the remaining three members be at-large. The purpose of this change is to provide for representation from each district, but similar to the City Council, the goal of the Commission is to the serve the entire city of San Rafael in their decision making. Staff recommends making the district representation change to the Planning Commission, but not the other BCCs, due to the decision-making authority of the Planning Commission that the others do not have. The recommended composition of the Planning Commission is:
• District 1 Representative
• District 2 Representative
• District 3 Representative
• District 4 Representative
• At-large Member
• At-large Member
• At-large Member
The Planning Commission membership, terms, and powers and duties are set forth in San Rafael Municipal Code Sections 2.16.040 through 2.16.110. Staff is recommending that the City Council adopt an ordinance (Attachment 4) amending the code to update the Planning Commission’s powers and duties. This section was last amended in 1968 and no longer accurately reflects the Planning Commission’s current role and references outdated documents. Staff is also recommending amending the code to allow specific details of the commission to be approved by resolution of the City Council, such as meeting frequency, eligibility requirements for becoming a planning commissioner, composition of the commission, and specific compensation of planning commissioners. Additionally, staff recommends that the Council approve a resolution (Attachment 5) adopting Planning Commission Bylaws which will outline specific information about the commission, as well as to include the policy on term limits as outlined in the resolution approved by the City Council in February 2014.

Present Proposed
Ordinance
Membership: 7 members Membership: 7 members
4 District Representatives
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Present Proposed
3 At-large Members
Outdated information regarding implementation
process
Deletion of implementation process
Chair and Secretary Selection established in
Municipal Code
Eligibility requirements, meetings and
Commission composition to be established by
resolution
Meeting frequency and quorum information
specified in Municipal Code
Deletion – to be established by resolution
Requirement to serve without compensation set
by Municipal Code
Provides authority to approve compensation of
Commissioners by resolution
Bylaws
Silent on voluntary resignation Unexcused absences from 2 consecutive Commission meetings without notification to Staff
Liaison shall constitute voluntary resignation
Silent on the term limits approved in 2014 Maximum of 3 consecutive four-year terms City Council Role with BCCs
On an annual basis, the City Council designates liaison positions to the BCCs. The role of the liaison is to generally stay abreast of the activities of the BCC which may include attending one or more meetings per year, checking in with the Chair of the BCC on a quarterly basis, reporting out on significant activities during City Council meetings as needed, assisting in culling down applications into an interview list when there is a vacancy, and providing a “mentor” role for the needs of the BCCs which could relate to answering procedural questions, facilitating training, or other assistance. Additionally, the Mayor may act in the acting role of the city council liaison for each BCC.

Alternate Members
Attendance at any regularly scheduled meeting is a necessary part of being an effective Alternate Member. If a regular member is unable to attend a scheduled meeting, the Member notifies the staff liaison in advance and the Alternate Member is notified of their attendance as a full voting member.

Alternate Members will be expected to review all meeting materials in preparation for BCC meetings and will vote in the absence of a full voting member. If more than one Alternate Member exists, there shall be a pre-determined first and second Alternate, and they will alternate between first and second Alternate Member annually. First Alternates shall vote in the absence of one voting member, and Second Alternates shall vote in the absence of a second voting member. If no member is absent, the Alternate Member may still participate in the discussion, deliberation and questions/answers of staff during meetings but will not vote.

FISCAL IMPACT:

There is no fiscal impact associated with this recommendation.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt resolutions and pass the ordinances to print.

2. Adopt resolutions/pass ordinances to print with modifications.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Approve:
i. Resolution Amending the Bicycle and Pedestrian Advisory Committee Bylaws ii. Pass to Print an Ordinance of the City of San Rafael Amending Sections 2.16.020 Through

2.16.023 of the San Rafael Municipal Code Related to the Park and Recreation Commission
iii. Resolution Approving the Park and Recreation Commission Bylaws iv. Pass to Print an Ordinance of the City of San Rafael Amending Sections 2.16.040 Through

2.16.110 of the San Rafael Municipal Code Related to the Planning Commission v. Resolution Approving the Planning Commission Bylaws
ATTACHMENTS:

1. Resolution (Bicycle and Pedestrian Advisory Committee) & Exhibit A – Bylaws

2. Ordinance (Park and Recreation Commission)

3. Resolution (Park and Recreation Commission) & Exhibit A – Bylaws

4. Ordinance (Planning Commission)

5. Resolution (Planning Commission) & Exhibit A – Bylaws RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING

THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE BYLAWS
WHEREAS, the Bicycle and Pedestrian Advisory Committee is comprised of seven adult voting members, two youth voting members and two alternate members; and WHEREAS, in an effort to move our advisory bodies to a total of five voting members, staff is recommending the Committee be comprised of five regular members, and one alternate member; and
WHEREAS, changes to membership will happen through attrition. As terms expire, staff will not fill vacancies until the new membership number is attained. No current members will be removed to meet the new composition of the Committee; and WHEREAS, current eligibility requirements include residing in city limits and/or owning property or a business in city limits, and being at least 18 years of age except for youth members; and
WHEREAS, staff recommends changing eligibility to “reside or work in city limits” and to remove the 18 or older age requirement; and
WHEREAS, staff is recommending adoption of bylaws for the Bicycle and Pedestrian Advisory Committee, set forth in Exhibit A attached and incorporated herein, to be consistent with recently approved bylaws of other City boards, to include information on meetings, voluntary resignation and compensation; and WHEREAS, the rules and procedures in the proposed bylaws are consistent with the Committee’s current practice; however, written bylaws will clarify the expectations for Committee members;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the Bicycle and Pedestrian Advisory Committee Bylaws as set forth in Exhibit A.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was regularly introduced and adopted at a regular meeting of the City Council held on Monday, the 6th day of June 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
___________________
Lindsay Lara, City Clerk
Bicycle and Pedestrian Advisory Committee Bylaws

Page 1 of 3 ends

BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Bicycle and Pedestrian Advisory Committee, hereinafter referred to as the "BPAC," or the “Committee.”
Section 1.2. Purpose. The purpose of the Bicycle and Pedestrian Advisory Committee is to promote bicycling and walking as viable means of transportation throughout San Rafael, to provide conceptual input on public bicycle and pedestrian infrastructure projects, and to support the implementation of the City's Bicycle and Pedestrian Master Plan.

Section 1.3. Committee Responsibility. The Committee’s authority is advisory only.

The Bicycle and Pedestrian Advisory Committee has no power to act on behalf of the City of San Rafael or any other entity. The Bicycle and Pedestrian Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council.

The Bicycle and Pedestrian Advisory Committee’s advisory and review function on matters related to bicycling and walking include, but are not limited to:

1. Implementation of the Bicycle and Pedestrian Master Plan and other adopted plans Participating in the development, review, and implementation of comprehensive bicycle/pedestrian goals, objectives and policies in the Bicycle and Pedestrian Master Plan, and/or other City adopted community plans and area specific plans.

2. Existing Conditions
Reviewing and commenting on the functional classification and physical condition of existing pedestrian routes, bicycle paths, bicycle lanes, protected bikeways, and bicycle routes (Caltrans Class I, II, III & IV facilities, respectively) within the City.

3. Review of Major Development and Infrastructure Projects Reviewing development and infrastructure projects that fall within the City's jurisdiction insofar as they relate to bicycling and walking at their planning and design stages for accommodation of cyclists' and pedestrians' needs.

Members of BPAC will serve as liaisons to City departments, commissions, and committees related to bicycle and pedestrian issues and will report back to BPAC.

4. Project Development and Funding
Bicycle and Pedestrian Advisory Committee Bylaws

Page 2 of 3 ends

Making recommendations on capital improvements to increase use and safety of bicycle/pedestrian facilities; and providing recommendations to staff on the prioritization of bicycle/pedestrian projects for funding under Capital Improvements Programs or other district, county, state or federal bicycle and pedestrian grant programs.

5. Educational Efforts
Participating in the City's efforts to promote bicycling and walking as viable forms of urban transportation and recreation.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Committee shall consist of a total of five (5) regular members.

The Committee shall have one alternate member who may vote in the absence of any voting member.

Section 2.2. Eligibility. The Committee shall be composed of five (5) regular voting members.

Requirements for eligibility: Shall either reside or work in city limits.

Membership on the Committee shall not be limited based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. An effort will be made to ensure that the membership is balanced and diverse based on the eligibilities above.

Section 2.3. Term Limits. Members of the Committee shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Chairperson will constitute an immediate vacancy and shall be considered a voluntary resignation from the Committee. Previously dismissed Committee members may be eligible for reappointment.

Section 2.5. Compensation. Committee members shall serve without compensation.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.

The Committee shall meet at least every other month, on a consistent day of the month, Bicycle and Pedestrian Advisory Committee Bylaws

Page 3 of 3 ends

and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.
1 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.020 THROUGH 2.16.023 OF THE SAN RAFAEL

MUNICIPAL CODE RELATED TO THE PARK AND RECREATION

COMMISSION
WHEREAS, regulations governing the requirement to have a Park and Recreation Commission of the City of San Rafael are located in Article VIII, Section 11 of the San Rafael Charter; and
WHEREAS, regulations governing the Park and Recreation Commission of the City of San Rafael are located in the San Rafael Municipal Code (SRMC) Sections

2.16.020 through 2.16.023 of Chapter 2.16 (Board and Commissions); and WHEREAS, in an effort to move our advisory bodies to a total of five voting members, staff is recommending the Park and Recreation Commission be comprised of five voting members; and
WHEREAS, changes to membership will happen through attrition. As terms expire, staff will not fill vacancies until the new membership number is reached. No current members will be removed to meet the new composition of the Commission; and WHEREAS, staff recommends the removal of the Commission’s power to review, and make comments and recommendations regarding the annual operating budget of the department; and
WHEREAS, there are instances throughout the SRMC where masculine language is used, and changes are being recommended to amend language to be gender-neutral; and
WHEREAS, the provisions of section 2.16.022 of the SRMC, regarding term of office and removal of Commission members, are already set forth in Article VIII, Section 11 of the San Rafael Charter and staff recommends eliminating those provisions from this section of the SRMC.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

Division 1. Amendment of Municipal Code.

Sections 2.16.020 through 2.16.023 of Chapter 2.16 (Board and Commissions) of the San Rafael Municipal Code are hereby amended to read as follows. Additions are shown in underline, and deletions are shown in strikethrough.

2.16.020 - Park and recreation commission.*
A park and recreation commission is created.
* Park commission—See San Rafael Charter, Art. III § 52 and Art. VIII § 11.

2.16.021 - Commission membership—Compensation.
2 The park and recreation commission shall consist of seven five members appointed by the city council, one of whom may be a councilman councilmember. All members of the park and recreation commission shall serve without compensation. The city council may establish compensation for members of the park and recreation commission by resolution.

2.16.022 - Commission term of office and removal.Reserved.

Members of the park and recreation commission shall serve for a term of four years and shall be subject to removal by the affirmative vote of three members of the council. The terms of office of members of the commission shall be staggered in the manner provided by resolution of the city council.

2.16.023 - Commission powers and duties.

Subject to the direction and control of the city council, as provided in Section 2.04.030 of this code, the powers and duties of the parks and recreation commissioners shall be:

To assist in the preparation and adoption of a review annually and revise as necessary a long-range plan for parks including neighborhood parks, community-wide parks, special use facilities and open space lands;
To focus public attention upon the need for adequate parks and healthful and creative year-round supervised recreation for all age groups;
To assist in promoting the public recreation programs;
To solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein;
To assist the parks and recreation director in establishing general policies and procedures in respect to park usage;
To review, comment and make recommendations regarding the annual operating budget of the department;
To receive periodic reports from the department head concerning the general operations and functions of the department; and
To perform such other duties as may be prescribed by the council.

Division 2. Severability.

If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance and each and all provisions hereof irrespective of the fact that any one or more of said provisions be declared invalid.

Division 3. CEQA Determination.
3 This Ordinance makes only administrative changes to the operations of a City commission and is therefore exempt from the requirements of the California Environmental Quality Act (CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

Division 4. Publication; Effective Date.

This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.
_________________
KATE COLIN, Mayor
ATTEST:
______________________
LINDSAY LARA, City Clerk
The foregoing Ordinance No. ______ was introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 6th day of June 2022 and ordered passed to print by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 21st day of June 2022.

______________________
LINDSAY LARA, City Clerk
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

APPROVING BYLAWS OF THE PARK AND RECREATION COMMISSION
WHEREAS, the City Council wishes to establish consistent rules and procedures for the operation of its boards, commissions and committees, including the Park and Recreation Commission; and
WHEREAS, the Park and Recreation Commission bylaws in Exhibit A attached hereto are recommended by staff and include specific rules and practices for the operation of the Commission to be consistent with recently approved bylaws for other City boards and commissions; and WHEREAS, the attached bylaws include a provision for voluntary resignation of members based on unexcused absences;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the Park and Recreation Commission Bylaws as set forth in Exhibit A.

I, LINDSAY LARA, 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 the City of San Rafael, held on Monday, the 6th day of June 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_______________________
LINDSAY LARA, City Clerk
EXHIBIT A: PARK AND RECREATION COMMISSION BYLAWS
Park and Recreation Commission Bylaws

Page 1 of 2 ends

PARK AND RECREATION COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Park and Recreation Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Commission is to assist the City Council in developing and implementing the long-range plans for City parks and recreation facilities; monitor current service levels and community needs; review the performance of City partnerships with community groups in the utilization of facilities and production of programs; and review and advise on general policies and procedures in the delivery of park, recreation, child care and cultural services.

Section 1.3. Committee Responsibility. The Commission’s authority is advisory only.

The Commission has no power to act on behalf of the City of San Rafael or any other entity.

Subject to the direction and control of the City Council, as provided in Section 2.04.030 of the San Rafael Municipal Code, the powers and duties of the Commission shall be:

1. To assist in the preparation and adoption of a review annually and revise as necessary a long-range plan for parks including neighborhood parks, communitywide parks, special use facilities and open space lands;

2. To focus public attention upon the need for adequate parks and healthful and creative year-round supervised recreation for all age groups;

3. To assist in promoting the public recreation programs;

4. To solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein;

5. To assist the Parks and Recreation Director in establishing general policies and procedures in respect to park usage;

6. To receive periodic reports from the department head concerning the general operations and functions of the department;
To perform such other duties as may be prescribed by the council.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of five (5) members, one of whom may be a Councilmember.

Park and Recreation Commission Bylaws

Page 2 of 2 ends

Section 2.2. Eligibility. Committee members shall reside in City limits.

Section 2.3. Term Limits. Members of the Committee shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission. Previously dismissed Commission members may be eligible for reappointment to the Commission.

Section 2.5. Compensation. Commissioners shall serve without compensation.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.

The Commission shall meet once per month, on a consistent day of the month, and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.
1 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 2.16.040 THROUGH 2.16.110 OF THE SAN RAFAEL

MUNICIPAL CODE RELATED TO THE PLANNING COMMISSION
WHEREAS, regulations governing the planning commission of the City of San Rafael are located in the San Rafael Municipal Code (SRMC) Sections 2.16.040 through

2.16.110 of Chapter 2.16 (Board and Commissions); and
WHEREAS, currently, any changes to the planning commission requires an amendment to the Municipal Code and staff is recommending amending the code to allow specific details of the commission to be approved by resolution of the City Council, such as meeting frequency, eligibility requirements for becoming a planning commissioner, and composition of the commission, and specific compensation of planning commissioners; and
WHEREAS, Section 2.16.050 of the municipal code currently outlines the process for the initial implementation of the planning commission and is no longer needed, and staff is recommending deleting the implementation process; and WHEREAS, the municipal code currently outlines the process for chair and secretary selection and staff is recommending that changes to eligibility requirements, meetings and Commission composition be established by resolution; and WHEREAS, the municipal code currently outlines meeting frequency and quorum and staff is recommending the deletion of this section because it will be outlined in the bylaws to be consistent with other boards and commissions; and WHEREAS, the municipal code currently states that members of the planning commission will serve without compensation and staff is recommending an amendment to the code providing City Council authority to approve compensation of commissioners by resolution; and
WHEREAS, the municipal code outlines the powers and duties of the planning commission and references duties and documents that are no longer relevant to the current role of the planning commission;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

Division 1. Amendment of Municipal Code.

Sections 2.16.040 through 2.16.110 of Chapter 2.16 (Board and Commissions) of the San Rafael Municipal Code are hereby amended to read as follows. Additions are shown in underline, and deletions are shown in strikethrough.

2.16.040 – Planning commission—Creation—Membership.

There is created a planning commission for the city, consisting of seven members, not officials of the city, appointed by the mayor with the approval of the city council. Eligibility requirements for members of the planning commission are as follows:
2 The Commission shall be composed of seven (7) regular voting members, one commissioner from each of the city’s four city council electoral districts, and three at-large commissioners.

Requirements for eligibility:

1. District Representatives: Each district representative must reside in the district they represent.

2. At-Large Members: Must reside in city limits.

2.16.050 – Terms of planning commission members.

Of the members of the commission first appointed, two shall be appointed for the terms of one year; two for the terms of two years; two for the terms of three years; and one for the term of four years. Their successors Planning commissioners shall be appointed for terms of four years; if a vacancy occurs otherwise than by expiration of term it shall be filled by appointment for the unexpired portion of the term.

2.16.060 – Advisory members of planning commission.

Advisory members of the commission shall be the city manager, the city attorney, and the city engineer. The advisory members shall not have the power to vote and their terms shall correspond to their respective official tenure.

2.16.070 – Chairman and secretary of planning commission. Composition of planning commission.

The commission shall elect a chairman from its appointed members, and may also elect a secretary who may be an employee of the city. Meeting frequency, commission composition and other operations of the planning commission shall be set by resolution of the council.

2.16.080 – Meetings and quorum of planning commission. Reserved.

At least one regular meeting shall be held each month on a date selected by the commission.

Four of the appointed members of the commission shall be required to constitute a quorum for the transaction of the business of the commission.

2.16.090 – Removal from planning commission.

Any appointed member of the commission may be removed by the mayor with the approval of the city council or by a majority vote of the council.

2.16.100– Compensation of planning commission.

All members of the commission shall serve as such without compensation. The city council may establish compensation for members of the planning commission by resolution.

2.16.110– Powers and duties of planning commission.

It shall be the function and duty of the planning commission to act as a decision-making body on quasi-legislative matters including but not limited to:
3 • major subdivisions as delegated to the planning commission under Title 15 of this Code
• conditional use permits delegated to the planning commission • environmental and design review permits delegated to the planning commission • appeals made by a lower body and appealed to the planning commission.

It shall be the function and duty of the planning commission to act as an advisory body to the city council on legislative matters related to but not limited to the following:
• general plan updates and amendments
• zoning text and zoning map amendments
• Other land use matters requiring city council action.

It shall be the duty of the members of the planning commission to inform themselves on matters affecting the functions and duties of the commission and all planning matters, and, to that end, they may attend training and planning conferences and the reasonable traveling expenses incidental to the attendance shall be charged upon the funds allocated to the commission.

The planning commission shall endeavor to promote public interest and understanding of plans developed, and the regulations relating thereto. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be a public record.

It shall be the function and duty of the planning commission to prepare and adopt, in accordance with and as provided by the Conservation and Planning Act of the state of California, comprehensive long-term general plans for the physical development of the city of San Rafael, and of any land outside the boundary thereof which bears relation to the city. The plans may be comprised of the following or other and additional plans and maps which may in commission's judgment relate to the physical development of the city:

Streets and highway plan
Parking plan
Recreation plan
Public buildings plan
Transit plan
The planning commission shall be charged with the duty of making investigations, reports on the design and improvements of proposed subdivisions, and shall have such powers in connection therewith as are outlined in the Subdivision Map Act of the state of California, and the subdivision regulations adopted by the city of San Rafael.

It shall be the duty of the members of the planning commission, including advisory members and members of its staff, to inform themselves on matters affecting the functions and duties of the commission and all planning matters, and, to that end, when authorized by a majority of the commission, may attend planning conferences, or meetings of planning executives, hearings on planning legislation or matters affecting the master plan or any part thereof, and the reasonable traveling expenses incidental to the attendances shall be charges upon the funds allocated to the commission. 4 The planning commission shall endeavor to promote public interest and understanding of plans developed, and the regulations relating thereto. It shall be part of its duty to consult with and advise the public officials, agencies, public utilities companies, school boards, civic and other organizations, and with the citizens generally in relation to carrying out the plans.

The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be a public record.

Division 2. Severability.

Division 3. CEQA Determination.

This Ordinance makes only administrative changes to the operations of a City board and is therefore exempt from the requirements of the California Environmental Quality Act (CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

Division 4. Publication; Effective Date.

NOES: Councilmembers:

ABSENT: Councilmembers:
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 21st day of June 2022.

______________________
LINDSAY LARA, City Clerk
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

APPROVING BYLAWS OF THE PLANNING COMMISSION
WHEREAS, the City Council wishes to establish consistent rules and procedures for the operation of its boards, commissions and committees, including the Planning Commission; and WHEREAS, the Planning Commission bylaws in Exhibit A attached hereto are recommended by staff and include specific rules and practices for the operation of the commission to be consistent with recently approved bylaws for other boards and commissions; and WHEREAS, the attached bylaws outline membership eligibility, composition of the Planning Commission and term limits; and
WHEREAS, the attached bylaws include a provision for voluntary resignation of members based on unexcused absences; and changes to powers and duties; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the Planning Commission Bylaws as set forth in Exhibit A.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
________________
LINDSAY LARA, City Clerk
EXHIBIT A: PLANNING COMMISSION BYLAWS
Planning Commission Bylaws

Page 1 of 2 ends

PLANNING COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Planning Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Commission to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with our long-range General Plan, State laws and other public policies that advance the interests of our community.

Section 1.3. Committee Responsibility. The Commission’s authority is decisionmaking.

It shall be the function and duty of the planning commission to act as a decision-making body on quasi-legislative matters including but not limited to:
• major subdivisions as delegated to the planning commission under Title 15 • conditional use permits delegated to the planning commission • environmental and design review permits delegated to the planning commission
• appeals made by a lower body and appealed to the planning commission It shall be the function and duty of the planning commission to act as an advisory body to the city council on legislative matters related to but not limited to the following:
• General Plan updates and amendments
• Zoning Text and Zoning Map Amendments
• Other land use item requiring City Council action
It shall be the duty of the members of the planning commission, to inform themselves on matters affecting the functions and duties of the commission and all planning matters, and, to that end, may attend training and planning conferences and the reasonable traveling expenses incidental to the attendances shall be charged upon the funds allocated to the commission.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of a total of seven (7) members as follows:

Planning Commission Bylaws

Page 2 of 2 ends

- District 1 Representative
- District 2 Representative
- District 3 Representative
- District 4 Representative
- At-large Member
- At-large Member
- At-large Member
Section 2.2. Eligibility. The Commission shall be composed of seven (7) regular voting Members, one commissioner from each district, and three at-large commissioners.

Requirements for eligibility:

1. District Representatives: Each district representative must reside in the district they represent.

2. At-Large Members: Must reside in city limits.

Section 2.3. Term Limits. Members of the Committee shall be limited to three (3) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.5. Compensation. Commissioners shall serve without compensation.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.

Regularly scheduled Commission meetings shall be the second and fourth Tuesday of each month, but these dates may be impacted by holidays. A schedule shall be approved annually by the Commission. The Commission shall meet once per month and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.

San Rafael City CouncilJune 6, 2022

San Rafael City Council
June 6, 2022