HomeMy WebLinkAboutAgenda Report - February 21, 2007 K-03 PHAGENDA ITEM K•3
CITY OF LSI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Adopting Local Goals and Policies, Declaring Intention to
Establflsh Community Facilities District No. 2007-1 (Public Services) and to
Levy a Special Tax Therein, and Setting Public Hearing for April 4, 2007, to
Receive Public Input and to Act to Form the District
MEETING DATE: February 21, 2007
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution adopting Local Goals and Policies and declaring
intention to establish Community Facilities District No. 2007-1
(Public Services) and to levy a special tax therein and set a public
hearing for April 4, 2007, to receive public input and to act to form
the District.
BACKGROUND INFORMATION: The Resolution, if adopted by the City Council, will begin the process
of forming the City of Lodi Community Facilities District No. 2007-1
(Public Services) (the "CFD"). The boundaries of this CFD are shown
in Attachment A and include those certain parcels commonly known
as Reynolds Ranch and which are subject to a development agreement previously entered into by and
between the City and private landowners. Under the development agreement, the private landowners
agreed to cooperate in the formation of a community facilities district, the purpose of which is to offset a
portion of the costs caused by new development.
The Resolution is provided as Attachment B and establishes, among other things, the City's intent to form
the CFD which includes the levy of a special tax to pay for public services and related costs and provides
for the adoption of local goals and policies. These goals and policies establish guidelines which the City
follows as part of the CFD formation and administration process. The resolution also calls a public
hearing for April 4, 2007, at which time interested parties may comment upon the formation of the CFD.
Exhibit A to the Resolution contains the above-mentioned goals and policies. In summary, the goals and
policies are the following:
1. It applies only to new subdivisions containing five or more lots.
2. Services to be funded may include, but are not limited to, police protection, fire protection,
parks/parkway maintenance, flood and storm protection.
3. Full disclosure to buyers will occur at time of sale.
4. CFD formation costs will be paid by the proponents.
5. This is not a CFD to finance capital facilities.
Exhibit B to the Resolution contains a description of the public services that would be financed by special
taxes of the CFD if the tax measure is approved by the voters. The qualified voters will be the present
APPROVED:
Blair Kin C Manager
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2114/2007
Adopt Resolution Adopting Local Goals and Policies, Declaring Intention to Establish Community
Facilities District No. 2007-1 (Public Services) and to Levy a Special Tax Therein, and Setting Public
Hearing for April 4, 2007, to Receive Public Input and to Act to Form the District
February 21, 2007
Page 2
landowners of the parcels that are to be included in the CFD. Pursuant to the adopted Development
Agreement, they must vote in favor of the special tax.
Exhibit C to the Resolution is a special tax formula entitled "Rate, Method of Apportionment, and Manner
of Collection of Special Tax." The special tax provides for an annual tax of $600 for single-family units
and $175 for multi -family units. All special taxes are subject to an annual inflation adjustment that shall
be the greater of the Consumer Price Index (San Francisco — Urban) or 5%. Certain properties, such as
governmental property and undeveloped property, are not subject to the special tax program. The
special taxes may not be prepaid. The special tax shall be levied in perpetuity.
Exhibit D to the Resolution is a form of the Notice of Public Hearing that will be published and posted
calling for a public hearing to be held by the City Council. Following that public hearing, the City Council
will be in a position to approve a separate, future resolution that will form the CFD and will call the
election for the CFD.
FISCAL IiMPACT: The public services and administration of the CFD shall be paid from the
special taxes collected within the CFD. The developer has agreed to
reimburse the City for all costs incurred in establishing the CFD. The
estimated annual revenues at buildout of the project will amount to
approximately $500,000.
FUNDING AVAILABLE: Not applicable.
Richard C. Prima,
Public Works Dire
Prepared by F. Wally Sandelin, City Engineer/Deputy Public Works Director
RCPIFWS/prof
Attachments
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Attachment A
PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SERVICES)
CITY OF LODI
COUNTY OF SAN JOAQUIN
STATE OF CALIFORNIA
Han CLERK'S CERTIFICATE AND MAP FILING
STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK THIS DAY
OF 2007.
CITY CLERK, CITY OF LODI, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED BOUNDARIES OF COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES), CITY OF
LODI, COUNTY OF SAN JOAQUIN,
STATE OF CALIFORNIA, WAS APPROVED BY THE CITY
COUNCIL OF THE CITY OF LODI AT A
REGULAR MEETING THEREOF, HELD ON THE DAY OF
2006, BY ITS
RESOLUTION NO. 2007 -
CITY CLERK, CITY OF LODI, CALIFORNIA
COUNTY RECORDER'S FILING STATEMENT
FILED THIS DAY OF 2007,
AT THE HOUR OF O'CLOCK M., IN
BOOK OF MAPS OF ASSESSMENT AND
COMMUNITY FACILITIES DISTRICTS AT PAGE
IN THE OFFICE OF THE COUNTY RECORDER IN THE
COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA.
COUNTY RECORDER OF THE
COUNTY OF SAN JOAQUIN, CALIFORNIA
LEGEND
— - - — Proposed CFD Boundary
City of Lodi 1" = 200
PUBLIC WORKS DEPARTMENT
07X001
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Attachment A
PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SERVICES)
CITY OF LODI
COUNTY OF SAN JOAQUIN
STATE OF CALIFORNIA
Han CLERK'S CERTIFICATE AND MAP FILING
STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK THIS DAY
OF 2007.
CITY CLERK, CITY OF LODI, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED BOUNDARIES OF COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES), CITY OF
LODI, COUNTY OF SAN JOAQUIN,
STATE OF CALIFORNIA, WAS APPROVED BY THE CITY
COUNCIL OF THE CITY OF LODI AT A
REGULAR MEETING THEREOF, HELD ON THE DAY OF
2006, BY ITS
RESOLUTION NO. 2007 -
CITY CLERK, CITY OF LODI, CALIFORNIA
COUNTY RECORDER'S FILING STATEMENT
FILED THIS DAY OF 2007,
AT THE HOUR OF O'CLOCK M., IN
BOOK OF MAPS OF ASSESSMENT AND
COMMUNITY FACILITIES DISTRICTS AT PAGE
IN THE OFFICE OF THE COUNTY RECORDER IN THE
COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA.
COUNTY RECORDER OF THE
COUNTY OF SAN JOAQUIN, CALIFORNIA
LEGEND
— - - — Proposed CFD Boundary
City of Lodi 1" = 200
PUBLIC WORKS DEPARTMENT
07X001
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
ADOPTING LOCAL GOALS AND POLICIES AND
DECLARING ITS INTENTION TO
ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
AND TO LEVY A SPECIAL TAX THEREIN
WHEREAS, the City Council intends to institute proceedings to establish a community
facilities district (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982,
as amended (the "Act"), Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the
State of California, and to levy a special tax within the District pursuant to the terms of the Act to
fund the cost of providing services to the District;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi
that:
1. Adoption of Local Goals and Policies. Pursuant to Government Code
Section 53312.7, the City Council has considered and hereby adopts the goals and policies
concerning the use of the Act that are attached hereto as Exhibit A.
2. Intent to Establish Community Facilities District. The City Council hereby
declares that it proposes and intends to establish a community facilities district pursuant to the
provisions of the Act, in the manner described below.
3. Description of Boundaries. The proposed boundaries of the District are shown
on a map on file in the office of the City Clerk. The City Council hereby directs the City Clerk
to endorse the certificates set forth on the map indicating its filing in the office of the City Clerk
and evidencing the date and adoption of this resolution. The City Council further directs the City
Clerk to record a copy of the map with the San Joaquin County Recorder within 15 days after the
adoption of this resolution, in accordance with the provisions of Section 3111 of the California
Streets and Highways Code.
4. Name of the Community Facilities District. The community facilities district
proposed to be formed shall be known as "City of Lodi Community Facilities District
No. 2007-1 (Public Services)".
5. Description of Services. The services proposed to be financed by the District
(the "Services") are described in Exhibit B attached hereto. The cost of providing the Services
includes "incidental expenses," which include costs associated with the creation of the District,
determination of the amount of special taxes, collection or payment of special taxes, or costs
otherwise incurred in order to carry out the authorized purposes of the District. The Services
authorized to be financed by the District are in addition to those currently provided in the
territory of the District and do not supplant services already available within that territory.
6. Lew of Special Tax. Except where funds are otherwise available, a special tax
sufficient to pay the costs of the Services (including incidental expenses), secured by recordation
1
of a continuing lien against all nonexempt real property in the District, will be levied annually
within the District. The rate, method of apportionment, and manner of collection of the special
tax are specified in Exhibit C.
7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter
as practicable, on Wednesday, April 4, 2007, at the regular meeting place of the City Council,
Carnegie Forum, 305 W. Pine Street, Lodi, California, as the time and place for a public hearing
on the establishment of the District.
8. Notice of Hearing. The City Council directs the City Clerk to publish a notice of
the hearing, in substantially the form attached hereto as Exhibit D, once not later than seven days
prior to the date fixed for the hearing, in The Lodi News -Sentinel, a newspaper of general
circulation published in the area of the District.
9. Hearing Report. The City Council directs the City Engineer to study the
proposed District and, at or before the time of the hearing, to cause to be prepared and filed with
the City Council a report containing a brief description of the services that will in his opinion be
required to adequately meet the needs of the District, his estimate of the cost of providing those
services; and the fair and reasonable cost of incidental expenses to be incurred in connection
therewith.
10. Description of Proposed Voting Procedures. If, at the conclusion of the public
hearing, the City Council adopts a resolution establishing the District, the City Council proposes
to order an election by mailed ballot and submit the question of the levy of the special tax to the
qualified electors. The City Council hereby determines that the Services are necessary to meet
increased demands placed upon the City as a result of development occurring within the
boundaries of the District. Because fewer than twelve registered voters currently reside within
the District, the qualified electors shall be the landowners within the District, and each
landowner who is the owner of record at the close of the hearing shall have one vote for each
acre or portion of an acre of land that such landowner owns within the proposed District.
PASSED AND ADOPTED by the City Council of the City of Lodi on this 21St day of
February 2007.
ATTEST:
Bob Johnson, Mayor of the City of Lodi
APPROVED AS TO FORM:
Randi Johl, City Clerk D. Stephen Schwabauer, City Attorney
2
EXHIBIT A
LOCAL GOALS AND POLICIES
A-1
CITY OF LODI
LOCAL GOALS AND POLICIES FOR
COMMUNITY FACILITIES DISTRICTS
(Adopted February 21, 2007)
I. INTRODUCTION. Section 53312.7(a) of the California Government Code requires
that the City Council of the City of Lodi (the "City") consider and adopt local goals and policies
concerning the use of the Mello -Roos Community Facilities Act of 1982 (the "Act"), prior to the
initiation of proceedings on or after January 1, 1994 to establish a new community facilities district
("CFD") under the Act. The following goals and policies are intended to meet the minimum requirements
of the Act, and may be amended or supplemented by resolution of the City Council of the City at any
time.
II. GOALS. The City Council will consider the use of the Act for financing public services
by new development. All proposed residential development that requires the approval by the City of a
subdivision map containing five or more residential lots, or that requires the approval by the City of a
subdivision map containing five or more residential dwelling units shall be required to fund certain costs
to the City related to the provision of public services. To achieve this, the City shall require this type of
residential development to participate in the City's public services CFDs.
Use of the Act to finance public facilities has not been evaluated or authorized at this time. Any
request for a CFD related to the financing of public facilities will require amendment of these goals and
policies, and will be considered on a case by case basis.
III. ELIGIBLE PUBLIC SERVICES. The specific services to be funded shall include all
services authorized under the Act including, but not limited to, police protection, fire protection,
parks/parkway maintenance, and flood and storm drainage protection services.
IV. DISCLOSURE REQUIREMENTS FOR PROSPECTIVE PROPERTY
PURCHASERS.
A. Disclosure Requirements for Developers. Developers who are selling lots or parcels that
are within a CFD shall provide disclosure notice to prospective purchasers that complies with all of the
requirements of Section 53341.5 of the Government Code. The disclosure notice must be provided to
prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase
of property is executed. Developers shall keep an executed copy of each disclosure document as evidence
that disclosure has been provided to all purchasers of property within a CFD, and shall provide the City
with a copy of each such disclosure document.
B. Disclosure Requirements for the Resale of Lots. The City's Finance Director shall
provide a notice of special taxes to sellers of property (other than developers) which will enable them to
comply with their notice requirements under Section 1102.6 of the Civil Code. This notice shall be
provided by the Finance Director within five working days of receiving a written request for the notice,
unless otherwise permitted under the Act. A reasonable fee may be charged for providing the notice, not
to exceed any maximum fee specified in the Act.
V. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES.
Special tax formulas for CFDs shall provide for minimum special tax levels which satisfy the following
expenses of a CFD: (a) the projected administrative expenses of the CFD, and (b) the cost of providing
the authorized services.
850197.1 11233.32
The special tax formula shall be reasonable and equitable in allocating public services' costs to
parcels within the CFD, unless otherwise agreed to by at least the owners of two-thirds of the property to
be subject to the special tax. Exemptions from the special tax may be given to parcels which are publicly
owned, are held by a property owners' association, are used for a public purpose such as open space or
wetlands, are affected by public utility easements making impractical their utilization for other than the
purposes set forth in the easements.
The total projected property tax levels for any CFD shall not exceed any maximum specified in
the Act. The annual increase, if any, in the maximum special tax for any parcel shall not exceed any
maximum specified in the Act. The increase in the special tax levied on any parcel as a consequence of
delinquency or default by the owner of any other parcel shall not exceed any maximum specified in the
Act.
The City shall retain a special tax consultant to prepare a report which: (a) recommends a special
tax for the proposed CFD, and (b) evaluates the special tax proposed to determine its ability to fund City
administrative costs, services, and other related expenditures.
VI. APPRAISALS. The definitions, standards and assumptions to be used for appraisals
shall be determined by City staff on a case-by-case basis, with input from City consultants and CFD
proponents, and by reference to relevant materials and information promulgated by the State of
California. In any event, the value -to -lien ratio shall be determined based upon an appraisal by an
independent MAI appraiser of the proposed CFD. The appraisal shall be coordinated by and under the
direction of the City. All costs associated with the preparation of the appraisal report shall be paid by the
proponents of the CFD through an advance deposit mechanism. The City shall have discretion to retain a
consultant to prepare a report to verify market absorption assumptions and projected sales prices of the
properties which may be subject to the maximum special tax in the CFD.
VII. CFD COSTS. All City and consultant costs incurred in the evaluation of CFD
applications and the establishment of and annexation into CFDs will be paid by the proponents of the
CFD by advance deposit increments. The City shall use reasonable efforts not to incur any non -
reimbursable expenses for processing and administering CFDs. In general, expenses not chargeable to the
CFD shall be directly borne by the proponents of the CFD.
VIII. USE OF CONSULTANTS. The City shall select all consultants necessary for the
formation/annexation and administration of the CFD, including bond counsel, financial advisors,
appraiser, any market absorption consultant and the special tax consultant. Prior consent of any
proponent of a CFD shall not be required in the determination by the City of the consulting and financing
team.
IX. PRIORITIES FOR CFD FINANCING. At this time there is no plan to finance
facilities under the Act. The City will review and revise this particular policy on a case by case basis.
X. CREDIT QUALITY REQUIREMENTS FOR CFD BOND ISSUES. CFD Bond
issues may only be used to pay for capital facilities. At this time there is no plan to finance facilities
under the Act. The City will review and revise this particular policy on a case by case basis.
XI. EXCEPTIONS TO THESE POLICIES. The City may find that a waiver of any of the
above stated policies is reasonable given identified City benefits to be derived from such waiver. Such
waivers only will be granted by action of the City Council.
2
850197.1 11233.32
EXHIBIT B
DESCRIPTION OF SERVICES
The community facilities district is established to finance any one or more of the
following types of services within the District:
(a) Police protection services, including, but not limited to, criminal justice services.
However, criminal justice services shall be limited to providing services for jails, detention
facilities, and juvenile halls.
(b) Fire protection and suppression services, and ambulance and paramedic services.
(c) Maintenance of parks, parkways, and open space.
(d) Flood and storm protection services, including, but not limited to, the operation
and maintenance of storm drainage systems, and sandstorm protection systems.
(e) Services with respect to removal or remedial action for the cleanup of any
hazardous substance released or threatened to be released into the environment.
IN
EXHIBIT C
CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (Public Services)
RATE AND METHOD OF APPORTIONMENT
C-1
EXHIBIT C
CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT (RMA) OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District (CFD) No.
2007-1 (Public Services) shall be levied and collected according to the tax liability determined
by the City Council acting in its capacity as the legislative body of CFD No. 2007-1, through the
application of the appropriate Special Tax rate, as described below. All of the property in the
CFD, unless exempted by law or by the provisions of Section E below, shall be taxed for the
purposes, to the extent, and in the manner herein provided, including property subsequently
annexed to the CFD unless a separate RMA is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Accessory Dwelling Unit" means a second residential unit of limited size (i.e., granny cottage,
second unit) that shares a Parcel with a Single Family Unit.
"Administrative Expenses" means any or all of the following: the expenses of the City in
carrying out its duties for the CFD, including, but not limited to, the levy and collection of the
Special Tax, the fees and expenses of its counsel, charges levied by the County, and all other
costs and expenses of the City in any way related to the establishment or administration of the
CFD.
"Administrator" means the person(s) or firm designated by the City to administer the Special
Taxes according to this RMA.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with
an assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor designating parcels by
Assessor's Parcel number.
"Authorized Services" means the public services authorized to be funded by the CFD as set
forth in the documents adopted by the City Council when the CFD was formed.
"CFD No. 2007-1" or "CFD" means the City of Lodi Community Facilities District No. 2007-1
(Public Services).
"City" means the City of Lodi.
City of Lodi CFD No. 2007-1 1 January 29, 2007
"City Council" means the City Council of the City of Lodi.
"County" means the County of San Joaquin.
"Fiscal Year" means the period starting on July 1 and ending on the following June 30.
"Maximum Special Tax" means the maximum Special Taxes determined in accordance with
Section C below that can be levied on Single Family Property and Multi -Family Property in any
Fiscal Year.
"Multi -Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final
building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but
not prior to January 1, 2007, for construction of Multi -Family Units.
"Multi -Family Unit" means an individual residential unit within a structure with three or more
residential units that share a single Assessor's Parcel number, all of which are offered for rent to
the general public and cannot be purchased by individual homebuyers. Residential units located
above commercial establishments that are available exclusively for rent and cannot be purchased
by individual owners shall also be characterized as Multi -Family Units for purposes of this
RMA.
"RMA" means this Rate and Method of Apportionment.
"Single Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final
building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but
not prior to January 1, 2007, for construction of Single Family Units.
"Single Family Unit" means an individual single family detached residential unit or an
individual residential unit within a half-plex, duplex, triplex, fourplex, townhome, condominium,
or other structure with attached residential units that are available for sale to individual buyers,
whether or not such a unit is ultimately offered for rent by an individual buyer. For -sale
residential units located above commercial establishments shall also be categorized as Single
Family Units for purposes of this RMA.
"Special Tax" means any tax levied within the CFD to pay the Special Tax Requirement.
"Special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for
the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to
cure any delinquencies in the payment of Special Taxes which have occurred or, based on
delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the tax
will be collected.
"Taxable Property" means both Single Family Property and Multi -Family Property.
City of Lodi CFD No. 2007-1 2 January 29, 2007
B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel number for all
Parcels of Taxable Property within the CFD. The Administrator shall also determine the number
of Single Family and Multi -Family Units built or to be built on each Parcel of Taxable Property
by referencing the building permit, condominium plan, apartment plan, site plan, or other
development plan for the property.
In any Fiscal Year, if it is determined that (i) a parcel or subdivision map for a portion of
property in the CFD was recorded after January 1 of the preceding Fiscal Year (or any other date
after which the Assessor will not incorporate the newly -created Parcels into the then current tax
roll), (ii) because of the date the parcel or subdivision map was recorded, the Assessor does not
yet recognize the new Parcels created by the parcel or subdivision map, and (iii) one or more of
the newly -created Parcels meets the definition of Taxable Property, the Administrator shall
calculate the Special Tax for the property affected by recordation of the parcel or subdivision
map by determining the Special Tax that applies separately to each Parcel of Taxable Property,
then applying the sum of the individual Special Taxes to the original Parcel that was subdivided
by recordation of the parcel or subdivision map.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for all Parcels of Taxable Property within the CFD shall be $600 per
Single Family Unit and $175 per Multi Family Unit for Fiscal Year 2007-08. Beginning July 1,
2008 and each July 1 thereafter, the Maximum Special Tax in effect in the prior Fiscal Year shall
be increased by the greater of (i) the increase, if any, in the Local Consumer Price Index for the
San Francisco -Oakland -San Jose Area for All Urban Consumers, or (ii) five percent (5%).
D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAX
Each Fiscal Year, the Special Tax shall be levied proportionately on each Parcel of Taxable
Property in the CFD up to 100% of the Maximum Special Tax determined pursuant to Section C
above until the total amount levied is equal to the Special Tax Requirement for the Fiscal Year.
The Special Tax for the CFD shall be collected at the same time and in the same manner as
ordinary ad valorem property taxes provided, however, that the City may (under the authority of
Government Code Section 53340) collect Special Taxes at a different time or in a different
manner if necessary to meet CFD No. 2007-1 financial obligations, and the Special Tax shall be
equally subject to foreclosure if delinquent.
E. LIMITATIONS
Notwithstanding any other provision of this RMA, no Special Tax shall be levied on Parcels
within the CFD that are not Single Family Property or Multi -Family Property. Furthermore,
Accessory Dwelling Units shall not be counted in determining the Special Tax to be levied on
the Parcels on which such units are located.
City ofLodi CFD No. 2007-1 3 January 29, 2007
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document
that do not materially affect the rate and method of apportioning Special Taxes. In addition, the
interpretation and application of any section of this document shall be left to the City's
discretion. Interpretations may be made by the City by ordinance or resolution for purposes of
clarifying any vagueness or ambiguity in this RMA.
City of Lodi CFD No. 2007-1 4 January 29, 2007
EXHIBIT D
NOTICE OF PUBLIC HEARING ON PROPOSED ESTABLISHMENT OF
CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
NOTICE IS HEREBY GIVEN that the City Council of the City of Lodi on
February 21, 2007, adopted its Resolution No. , in which it declared its intention to
establish a community facilities district and to levy a special tax to pay for certain services, all
pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, Chapter 2.5,
Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the
boundaries of the proposed district, the services proposed to be financed, and the rate, method of
apportionment, and manner of collection of the proposed special tax. The City proposes to tax
all interests in property that may be taxed under the Act. For further details, the resolution is
available in the office of the City Clerk at City Hall, 221 W. Pine Street, 2nd Floor, Lodi,
California.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed Wednesday,
April 4, 2007, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, at
Carnegie Forum, 305 W. Pine Street, Lodi, California, as the time and place when and where the
City Council will hold a public hearing to consider the establishment of the district. At the
hearing, the testimony of all interested persons, including all persons owning property in the
area, or taxpayers for or against the establishment of the district, the extent of the district, the
furnishing of the specified services, and the levy of the special tax will be heard.
If six registered voters residing within the proposed district or the owners of one-half or
more of the area of land in the territory included in the district and not exempt from the special
tax file written protests against the establishment of the district, and the protests are not
withdrawn so as to reduce the value of the protests to less than a majority, the creation of the
district and the tax levy shall not be considered for a period of one year from the date of the
decision of the City Council after the hearing.
NOTICE IS HEREBY FURTHER GIVEN that if, at the conclusion of the public
hearing, the City Council determines to establish the district, the City Council will order an
election to be held by the landowners of the district by mailed ballot, with each landowner
having one vote for each acre or portion of an acre of land that such landowner owns within the
proposed district, on the question of levying the special tax.
DATED: , 2007
D-1
City Clerk, City of Lodi
RESOLUTION NO. 2007-33
A RESOLUTION OF THE LODI CITY COUNCIL
ADOPTING LOCAL GOALS AND POLICIES AND DECLARING
ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES) AND TO LEVY
A SPECIAL TAX THEREIN
WHEREAS, the City Council intends to institute proceedings to establish a Community
Facilties District (the "District') pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended (the "Act"), Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the. State
of California, and to levy a special tax within the District pursuant to the terms of the Act to fund
the host of providing services to the District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that:
1. Adoption pf I,ocaj Goals and Policies. Pursuant to Government Code
Section 53312.7, the City Council has considered and hereby adopts the goals and policies
conaerning the Use of the Act that are attached hereto as Exhibit A.
2. Int nt to ggtgblish Cgmmunity Facilities Di t. The City Council hereby
declares that it proposes and intends to establish a community facilities district pursuant to the
provisions of the Act, in the manner described below.
3. Description of Boundaries. The proposed boundaries of the District are shown
on a map on file in the office of the City Clerk. The City Council hereby directs the City Clerk to
endorse the certificates set forth on the map indicating its filing in the office of the City Clerk and
evidencing the date and adoption of this resolution. The City Council further directs the City
Clerk to record a copy of the map with the San Joaquin County Recorder within 15 days after
the adoption of this resolution, in accordance with the provisions of Section 3111 of the
California Streets and Highways Code.
4. Name of The Community Facilities District. The community facilities district
proposed to be formed shall be known as "City of Lodi Community Facilities District No. 2007-1
(Pubic Services)."
5. Descriptign of Services. The services proposed to be financed by the District
(the "Services") are desc0bed in Exhibit B attached hereto. The cost of providing the Services
includes "incidental expenses," which include costs associated with the creation of the District,
determination of the amount of special taxes, collection or payment of special taxes, or costs
otherwise incurred in order to carry out the authorized purposes of the District. The Services
authorized to be financed by the District are in addition to those currently provided in the
territory of the District and do not supplant services already available within that territory.
6. Lew of Special Tax. Except where funds are otherwise available, a special tax
sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in the District, will be levied
annually within the District. The rate, method of apportionment, and manner of collection of the
special tax are specified in Exhibit C.
7. Pu is HejgLng. The City Council hereby fixes 7:00 p.m., or as soon thereafter as
practicable, on WednesApril 4, 2007, at the regular meeting place of the City Council,
Carregie Forum, 305 West Pine Street, Lodi, California, as the time and place for a public
hearing on. the establishment of the District.
8. Ngke of aring. The City Council directs the City Clerk to pubNsh a notice of
the hearing, in substantiMly the form attached hereto as Exhibit D, once not later than seven
days prior to the date fixed for the hearing, in the Lodi News -Sentinel, a newspaper of general
circustion published in the area of the District.
9. Hearing Dort. The City Council directs the City Engineer to study the
proposed District and, at or before the time of the hearing, to cause to be prepared and filed
with the City Council a report containing a brief description of the services that will in his opinion
be required to adequately meet the needs of the District, his estimate of the cost of providing
those services; and the fair and reasonable cost of incidental expenses to be incurred in
connection therewith.
10. De§criptiort of Prop sed_ Voting Procedures. If, at the conclusion of the public
hearing, the City Council adopts a resolution establishing the District, the City Council proposes
to order an election by mailed ballot and submit the question of the levy of the special tax to the
qualified electors. The City Council hereby determines that the Services are necessary to.meet
increased demands placed upon the City as a result of development occurring within the
boundaries of the District. Because fewer than 12 registered voters currently reside within the
District, the qualified electors shall be the landowners within the District, and each landowner
who is the owner of record at the close of the hearing shall have one vote for each acre or
portion of an acre of land that such landowner owns within the proposed District.
Dated: February 21, 2007
I hereby certify that Resolution No. 2007-33 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 21, 2007, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RANDI JOHL
City Clerk
2007-33
EXHIBIT A
LOCAL GOALS AND POLICIES
CITY OF LODI
LOCAL GOALS AND POLICIES FOR
COMMUNITY FACILITIES DISTRICTS
(Adopted February 21, 2007)
1. INTRODUCTION. Section 53312.7(a) of the California Government Code requires
that the City Council of the City of Lodi (the "City") consider and adopt local goals and policies
concerning the use of the Mello -Roos Community Facilities Act of 1982 (the "Act"), prion to the
initiation of proceedings on or after January 1, 1994 to establish a new community facilities district
("CFD") under the Act. The following goals and policies are intended to meet the minimum requirements
of the Act, and may be amended or supplemented by resolution of the City Council of.the City at any
time.
11. GOALS. The City Council will consider the use of the Act for financing public services
by new development. All proposed residential development that requires the approval by the City of a
subdivision map containing five or more residential lots, or that requires the approval by the City of a
subdivision map containing five or more residential dwelling units shall be required to fund certain costs
to the City related to the provision of public services. To achieve this, the City shall require this type of
residential development to participate in the City's public services CFDs.
Use of the Act to finance public facilities has not been evaluated or authorized at this time. Any
request for a CFD related to the financing of public facilities will require amendment of these goals and
policies, and will be considered on a case by case basis.
111. ELIGIBLE PUBLIC SERVICES. The specific services to be funded shall include all
services authorized under the Act including, but not limited to, police protection, fire protection,
parrs/parkway maintenance, and flood and storm drainage protection services.
IV. DISCLOSURE REQUIREMENTS FOR PROSPECTIVE PROPERTY
PURCHASERS.
A. Discclosure,Reauirements for Developers. Developers who are selling lots or parcels that
are within a CFD shall provide disclosure notice to prospective purchasers that complies with all of the
requirements of Section 53341.5 of the Government Code. The disclosure notice must be provided to
prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase
of property is executed. Developers shall keep an executed copy of each disclosure document as evidence
that disclosure has been provided to all purchasers of property within a CFD, and shall provide the City
with a copy of each such disclosure document.
B. Dilclosure_Requirements for the Resale of Lots. The City's Finance Director shall
provide a notice of special taxes to sellers of property (other than developers) which will enable them to
comply with their notice requirements under Section 1102.6 of the Civil Code. This notice shall be
provided by the Finance Director within five working days of receiving a written request for the notice,
unless otherwise permitted under the Act. A reasonable fee may be charged for providing the notice, not
to exceed any maximum fee specified in the Act.
V. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES.
Special tax formulas for CFDs shall provide for minimum special tax levels which satisfy the following
expenses of a CFD: (a) the projected administrative expenses of the CFD, and (b) the cost of providing
the authorized services.
850197.111233.32
The special tax fonnula shall be reasonable and equitable in allocating public services' costs to
parcels within the CFD, unless otherwise agreed to by at least the owners of two-thirds of the property to
be subject to the special tax. Exemptions from the special tax may be given to parcels which are publicly
owned, are held by a property owners' association, are used for a public purpose such as open space or
wetlands, are affected by public utility easements making impractical their utilization for other than the
purposes set forth in the easements.
The total projected property tax levels for any CFD shall not exceed any maximum specified in
the Act. The annual increase, if any, in the maximum special tax for any parcel shall not exceed any
maximum specified in the Act. The increase in the special tax levied on any parcel as a consequence of
delinquency or default by the owner of any other parcel shall not exceed any maximum specified in the
Act.
The City shall retain a special tax consultant to prepare a report which: (a) recommends a special
tax for the proposed CFD, and (b) evaluates the special tax proposed to determine its ability to fund City
administrative costs, services, and other related expenditures.
VI. APPRAISALS. The definitions, standards and assumptions to be used for appraisals
shall be determined by City staff on a case-by-case basis, with input from City consultants and CFD
proponents, and by reference to relevant materials and information promulgated by the State of
California. In any event, the . value -to -lien ratio shall be determined based upon an appraisal by an
independent MAI appraiser of the proposed CFD. The appraisal shall be coordinated by and under the
direction of the City. All costs associated with the preparation of the appraisal report shall be paid by the
proponents of the CFD through an advance deposit mechanism. The City shall have discretion to retain a
consultant to prepare a report to verify market absorption assumptions and projected sales prices of the
properties which may be subject to the maximum special tax in the CFD.
VII. CFD COSTS. All City and consultant costs incurred in the evaluation of CFD
applications and the establishment of and annexation into CFDs will be paid by the proponents of the
CFD by advance deposit increments. The City shall use reasonable efforts not to incur any non -
reimbursable expenses for processing and administering CFDs. In general, expenses not chargeable to the
CFD shall be directly borne by the proponents of the CFD.
VIII. USE OF CONSULTANTS. The City shall select all consultants necessary for the
formation/annexation and administration of the CFD, including bond counsel, financial advisors,
appraiser, any market absorption consultant and the special tax consultant. Prior consent of any
proponent of a CFD shall not be required in the determination by the City of the consulting and financing
team.
IX. PRIORITIES FOR CFD FINANCING. At this time there is no plan to finance
facilities under the Act. The City will review and revise this particular policy on a case by case basis.
X. CREDIT QUALITY REQUIREMENTS FOR CFD BOND ISSUES. CFD Bond
issues may only be used to pay for capital facilities. At this time there is no plan to finance facilities
under the Act. The City will review and revise this particular policy on a case by case basis.
XI. EXCEPTIONS TO THESE POLICIES. The City may find that a waiver of any of the
above stated policies is reasonable given identified City benefits to be derived from such waiver. Such
waivers only will be granted by action of the City Council.
850197.1 11233.32
EXHIBIT B
DESCRIPTION OF SERVICES
The community facilities district is established to finance any one or more of the
following types of services within the District:
(a) Police protection services, including, but not limited to, criminal justice services.
However, criminal justice services shall be limited to providing services for jails, detention
facil ies, and juvenile halls.
(b) Fire protection and suppression services, and ambulance and paramedic
services.
(c) Maintenance of parks, parkways, and open space.
(d) Flood and storm protection services, including, but not limited to, the operation
and maintenance of storm drainage systems, and sandstorm protection systems.
(e) Services with respect to removal or remedial action for the cleanup of any
hazardous substance released or threatened to be released into the environment.
EXHIBIT C
CITY OF LODI
COMMUN TY FACILITIES DISTRICT NO. 2007-1 (Public Services)
RATE AND METHOD OF APPORTIONMENT
EXHIBIT C
CITY OF LODI
COMMUNITY FACILITIES DISTRICT No. 2007-1
(PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT (RMA) OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District (CFD) No.
2007-1 (Public Services) shall be levied and collected according to the tax liability determined
by the City Council acting in its capacity as the legislative body of CFD No. 2007-1, through the
application of the appropriate Special Tax rate, as described below. All of the property in the
CFD, unless exempted by law or by the provisions of Section E below, shall be taxed for the
purposes, to the extent, and in the manner herein provided, including property subsequently
annexed to the CFD unless a separate RMA is adopted for the annexation area.
A. RMNNI�IONS
The terms hereinafter set forth have the following meanings:
"Accessory Dwelling Usit" means a second residential unit of limited size (i.e., granny cottage,
second unit) that shares a Parcel with a Single Family Unit.
"Administrative Expenses" means any or all of the following: the expenses of the City in
carrying out its duties for the CFD, including, but not limited to, the levy and collection of the
Spacial Tax, the fees and expenses of its counsel, charges levied by the County, and all other
costs and expenses of the City in any way related to the establishment or administration of the
CFD.
"Administrator" means the person(s) or firm designated by the City to administer the Special
Taxes according to this RMA.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with
an assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor designating parcels by
Assessor's Parcel number.
"Astherized Services" means the public services authorized to be funded by the CFD as set
forth in the documents adopted by the City Council when the CFD was formed.
"CFD No. 2007-1" or "CFD" means the City of Lodi Community Facilities District No. 2007-1
(Public Services).
"City" means the City of Lodi.
City of Lorti CFD No. 2007-1 1 January 24, 2007
"City Council" means the City Council of the City of Lodi.
"County" means the County of San Joaquin.
"fiscal Year" means the period starting on July 1 and ending on the following June 30.
"Maximum Special Tax" means the maximum Special Taxes determined in accordance with
Section C below that can be levied on Single Family Property and Multi -Family Property in any
Fiscal Year.
"MuWFamily Properly" means, in any Fiscal Year, all Parcels in the CFD for which final
building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but
not prior to January 1, 2007, for construction of Multi -Family Units.
"Multi -Family Unit" means an individual residential unit within a structure with three or more
residential units that share a single Assessor's Parcel number, all of which are offered for rent to
the general public and cannot be purchased by individual homebuyers. Residential units located
above commercial establishments that are available exclusively for rent and cannot be purchased
by individual owners shall also be characterized as Multi -Family Units for purposes of this
RADIA.
"RAW' means this Rate and Method of Apportionment.
"Single Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final
building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but
not prior to January 1, 2007, for construction of Single Family Units.
"Single Family Unit" means an individual single family detached residential unit or an
individual residential unit within a half-plex, duplex, triplex, fourplex, townhome, condominium,
or other structure with attached residential units that are available for sale to individual buyers,
whether or not such a unit is ultimately offered for rent by an individual buyer. For -sale
residential units located above commercial establishments shall also be categorized as Single
Family Units for purposes of this RMA.
"Special Tax" means any tax levied within the CFD to pay the Special Tax Requirement.
"Special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for
the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to
cure any delinquencies in the payment of Special Taxes which have occurred or, based on
delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the tax
will be collected.
"Taxable Property" means both Single Family Property and Multi -Family Property.
City of Lodi CFD No. 2007-1 2 January 19,1007
B. IATA QR Al UAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel number for all
Parcels of Taxable Property within the CFD. The Administrator shall also determine the number
of Single Family and Multi -Family Units built or to be built on each Parcel of Taxable Property
by referencing the building permit, condominium plan, apartment plan, site plan, or other
development plan for the property.
In any Fiscal Year, if it is determined that (i) a parcel or subdivision map for a portion of
property in the CFD was recorded after January 1 of the preceding Fiscal Year (or any other date
after which the Assessor will not incorporate the newly -created Parcels into the then current tax
roll), (ii) because of the date the parcel or subdivision map was recorded, the Assessor does not
yet recognize the new Parcels created by the parcel or subdivision map, and (iii) one or more of
the newly -created Parcels meets the definition of Taxable Property, the Administrator shall
calculate the Special Tax for the property affected by recordation of the parcel or subdivision
map by determining the Special Tax that applies separately to each Parcel of Taxable Property,
then applying the sum of the individual Special Taxes to the original Parcel that was subdivided
by recordation of the parcel or subdivision map.
C. SP CIAL TAX
The Maximum Special Tax for all Parcels of Taxable Property within the CFD shall be $600 per
Single Family Unit and $175 per Multi Family Unit for Fiscal Year 2007-08. Beginning July 1,
2008 and each July I thereafter, the Maximum Special Tax in effect in the prior Fiscal Year shall
be increased by the greater of (i) the increase, if any, in the Local Consumer Price Index for the
San Francisco -Oakland -San Jose Area for All Urban Consumers, or (ii) five percent (5%).
D. METHOD OF j&VY AND COLLECTION OF SPECIAL TAX
Each Fiscal Year, the Special Tax shall be levied proportionately on each Parcel of Taxable
Property in the CFD up to 100% of the Maximum Special Tax determined pursuant to Section C
above until the total amount levied is equal to the Special Tax Requirement for the Fiscal Year.
The Special Tax for the CFD shall be collected at the same time and in the same manner as
ordinary ad valorem property taxes provided, however, that the City may (under the authority of
Government Code Section 53340) collect Special Taxes at a different time or in a different
maturer if necessary to met CFD No. 2007-1 financial obligations, and the Special Tax shall be
equally subject to foreclosure if delinquent.
E. LEWTA-TIONS
Notwithstanding any other provision of this RMA, no Special Tax shall be levied on Parcels
wilhin the CFD that are not Single Family Property or Multi -Family Property. Furthermore,
Accessory Dwelling Units shall not be counted in determining the Special Tax to be levied on
the Parcels on which such units are located.
Ciryof Lodi CFD No. 1007-I 3 January19,1097
F. EVURMTA ON OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document
that do not materially affect the rate and method of apportioning Special Taxes. In addition, the
interpretation and application of any section of this document shall be left to the City's
discretion. Interpretations may be made by the City by ordinance or resolution for purposes of
clarifying any vagueness or ambiguity in this RMA.
City of Lodi CFD No. 2007-I 4 January 19, 2007
EXHIBIT D
NOTICE OF PUBLIC HEARING ON PROPOSED ESTABLISHMENT OF
CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
NOTICE IS HEREBY GIVEN that the City Council of the City of Lodi on February 21,
2007, adopted its Resolution No. , in which it declared its intention to establish a
con unity facilities district and to levy a special tax to pay for certain services, all pursuant to
the provisions of the Mello -Roos Community Facilities Act of 1982, Chapter 2.5, Part 1,
Division 2, Title 5 of the California Government Code. The resolution describes the boundaries
of the proposed district, the services proposed to be financed, and the rate, method of
apportionment, and manner of collection of the proposed special tax. The City proposes to tax
all interests in property that may be taxed under the Act. For further details, the resolution is
available in the office of the City Clerk at City Hall, 221 W. Pine Street, 2"d Floor, Lodi,
California.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed Wednesday,
April 4, 2007, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, at
Carnegie Forum, 305 W. Pine Street, Lodi, California, as the time and place when and where
the City Council will hold a public hearing to consider the establishment of the district. At the
hearing, the testimony of all interested persons, including all persons owning property in the
area, or taxpayers for or against the establishment of the district, the extent of the district, the
furnishing of the specified services, and the levy of the special tax will be heard.
If six registered voters residing within the proposed district or the owners of one-half or
more of the area of land in the territory included in the district and not exempt from the special
tax Me written protests against the establishment of the district, and the protests are not
withdrawn so as to reduce the value of the protests to less than a majority, the creation of the
district and the tax levy shall not be considered for a period of one year from the date of the
decision of the City Council after the hearing.
NOTICE IS HEREBY FURTHER GIVEN that if, at the conclusion of the public hearing,
the City Council determines to establish the district, the City Council will order an election to be
held by the landowners of the district by mailed ballot, with each landowner having one vote for
each acre or portion of an acre of land that such landowner owns within the proposed district, on
the question of levying the special tax.
DATED: , 2007
City Clerk, City of Lodi
CITY COUNCIL
BOB JOHNSON, Mayor
JOANNE L. MOLWCE
Mayor Pro Tempore
LARRY D. HANSEN
SUSAN HITCHCOCK
PHIL KATZAKIAN
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdeptelodi.gov
http:%%www.ladi.gov
February 16, 2007
BLAIR KING
City Manager
RANDIJOHL
City Clerk
D. STEVEN SCHWASAUER
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
Susan Goodwin Constantine Baranoff
Goodwin Consulting Group Kronick, Moskovitz, Tiedemann & Girard
550 University Avenue, Ste. 280 400 Capitol Mall, 27t" Floor
Sacramento, CA 95823 Sacramento, CA 95814-4416
StJBJECT: Adopt Resolution Adopting Local Goals and Policies, Declaring Intention to
Establish Community Facilities District No. 2007-1 (Public Services) and to
Levy a Special Tax Therein, and Setting Public Hearing for April 4, 2007, to
Receive Public Input and to Act to Form the district
Enclosed is a copy of background information on an item on the City Council agenda of
W*dnesday, February 21, 2007. The meeting will be held at 7 p.m. in the
City Counch Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Wally Sandelin,
City Engineer/Deputy Public Works Director, at (209) 333-6709.
Richard C. Prima, Jr.
Public Works Director
RCP/pmf
Enclosure
cc: City Clerk
N CINTENTI ONTOFORM.DOC
Please imme&ately eo f m: race t
o, f this fax by caching 333- 6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 952414910
ADVERTISING INSTRUCTIONS
SUBJECT: NOTICE OF PUBLIC HEARING ON PROPOSED ESTABLISHMENT OF
CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC
SERVICES)
PUBLISH DATE: SATURDAY, FEBRUARY 24, 2007
TEAM SI4EETS WANTED: Qne 1 lease
SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1 91 0
DATED: THURSDAY, FEBRUARY 22, 2007
ORDERED BY: RANDI JOHL
CITY CLERK
JPAFER M 'PERRIN, CMC DANA R. CHAPMAN
DtPLITY CITY CLERK ADMINISTRATIVE CLERK
a1 (time).on
LNS
N:\Administration\CLERKTorms\Advins2.doc
NOTICE OF PUB HEARIN ON PROPOSED ESTABLISMI+IIENT OF CITY OF
LODI COM MUNMY FACIII,,.iTIES DISTRICT NO. 2W7-1 (PUBLIC SERVICES)
On Friday, February 23, 2007, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing on proposed establishment of City of Lodi Community Facilities
District No. 2007-1 (Public Services) was posted at the following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 23, 2007, at Lodi, California.
NIIrEt� PERRIN, CMC
DEPUTY CITY CLERK
N:1Administration\CLERK\FormsmECPOSTCA.DOC
Ce1:11=*97-ym
RAIJVIL I JOHL
CITY CLERK
DANA R. CHAPMAN
ADMINISTRATIVE CLERK
dI ,
NOTICE OF PUBLAC HEAWNG ON PROPOSED ESTABLISHMENT OF CITY OF LODI
COMMUNOrY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SMRVICES)
On February 22, 2007, in the City of Lodi, San Joaquin County, California, I deposited in the
United States mail, envelopes with first-class postage prepaid thereon, containing a Notice of
Public Hearing on proposed establishment of City of Lodi Community Facilities District
No. 2007-1 (Public Services), attached hereto Marked Exhibit A. The mailing list for said matter
is attached hereto, marked Exhibit B.
There is a regular daily communication by mail between the City of Lodi, California, and the
places to which said erwelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 22, 2007, at Lodi, California.
J ITER Iul PE RRIN, dMC
DEPUTY CITY CLERK
Foms/dwnlail.doc
ORDERED BY:
RANDI JO+IL
CITY CLERK, CITY OF LODI
DANA R. CHAPMAN
ADMINISTRATIVE CLERK
CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: April 4, 2007
Time: 7:00 p.m.
For information regarding this notice pleasecontact:
Randi Johl,
City Clerk
Telephone: (208) 333-6702
NOT#CE OF PUBUC 1aAfk#NG
ON PflOPOSED'ESTABLISHMENT OF CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1 {PUBLIC SERVICES)
EXHIBIT A!
NOTICE IS HEREBY t EN that the City Council of the City of Lodi on February 21, 2007,
adopted Resolution No. 2007-33, in which it declared its intention to .establish a community
faciftes district and to levy a special tax to pay for certain services, all pursuant to the provisions
of the Melto-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5, of
the Califomia Government Code. The resolution describes the boundaries of the proposed
disMct, the services proposed to be financed, and the rate, method of apportionment, and
manner of collection of the proposed special tax. The City proposes to tax all interests in
property that may be taxed under the Act. For further details, the resolution is available in the
off loe of the City Clerk at City Hall, 221 W. Pine Street, 2n4 Floor, Lodi, California.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed Wednesday,
AprN 4, 2007, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, at
Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place when and where
the City Council will hold a public hearing to consider the establishment of the district. At the
hearing, the testimony of all interested persons, including all persons owning {property in the
area, or taxpayers for or against the establishment of the district, the extent of the district, the
furrdshing of the specifiedservices, and the levy of the special tax will be heard.
If six registered voters residing within the proposed district or the owners of one-half or more of
the area. of land in the tehf#ory included in the district and not exempt from the special tax file
written protests against the establishment of the district, and the protests are not withdrawn so
as to reduce the value of the protests to less than a majority, the creation of the district and the
tax levy shall not be considered for a period of one year from the date of the decision of the City
Council after the hearing.
NONCE IS HEREBY FU*THER (NVEN that if, at the conclusion of the public hearing, the City
Council determines to estkblish the district, the City Council will order an election #o be held by
the landowners of the district by mailed ballot, with each landowner having one vote for each
acre or portion of an acre of land that such landowner owns within the proposed district, on the
question of levying the special tax.
B R OF THE LODI CITY COUNCIL: DATED: February 21, 2007
14--D—
Ra i Johl, City Clerk, Cly of Lodi
CLERK%FUB 4FA T10ESWctCMomw6on.doc 2/22107
EXHIBIT B CfJ
APN
OWNER
ADDRESS
CITY/STATE/ZIP
05811`004
ROBERT & CAROLYN
23290 N PEARL RD
ACAMPO CA 95220
REYNOLDS FAM
05811041
05813066
DELLA MAGGIORA,
13323 N STOCKTON ST
LODI CA 95240
DOMENICO TR ET
05813007
SAN JOAQUIN VALLEY
1420 S MILLS AVE STE K
LORI CA 95242
LAND CO LLC
0581 3#08
05819009
05813010
SOUTH RIVER RANCH
PO BOX 673
VICTOR CA 95253
LLC
05813011
05813014
HELM, SHIRLEY ANN
13125 N STOCKTON ST
LODI CA 95240
ETAL
058131015
ROBERT & CAROLYN
PO BOX 725
WOODBRIDGE CA
REYNOLDS El'L
95258
05813016
05813017
BFSLA, BRIJ D & S K
13137 N ST RT 99 W F
LODI CA 95240
05813018
LODI MOOSE, LODGE
13263 N HWY 99
LODI CA 95240
634
05813021
SEEMAN, DELFORD &
13275 N STOCKTON ST
LODI CA 95240
E TRS
05813022
PELLETTI, MAFNA
13167 N STOCKTON ST
LODI CA 95240
VILMA TR
05813024
TS'UTSUMI, AG14ES M
3725 E ARMSTRONG RD
LODI CA 95240
TR ETAL
COMMUNITY FACILITIES
DISTRICT 2007 - 1
Public Services
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Reynolds Ranch project proponent is
obligated by the Development Agreement to
vote in favor of formation of the CFD.
Goals and Policies
• New subdivisions 5 lots or greater
• Existing residences are not taxed
• Full disclosure at time of purchase
• Formation costs paid by proponents
• Not a CFD to finance capital facilities
Services to be Funded
• Storm Drainage4.
• Police
• Landscaping
• Fire
• Parks
• Library
• Open Space
Rate and Method of
Apportionment
• Single family special tax $600 per year
• Multi -family special tax $175 per year
• Annual adjustment based upon the CPI or
5%, whichever is greater
Adopt Resolution
• Setting Local Goals and Policies
• Declaring Intent to Establish CFD 2007-1
and to Levy Special Tax
• Setting Public Hearing on April 4, 2007