Loading...
HomeMy WebLinkAboutAgenda Report - December 2, 2015 J-01AGENDA ITEM J-01 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1918 Entitled, "An Ordinance of the Lodi City Council Levying and Apportioning a Special Tax in Zone 1 of the City of Lodi Community Facilities District No. 2007-1 (Public Services) as Provided in Resolution No. 2015-89" MEETING DATE: December 2, 2015 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1918. BACKGROUND INFORMATION: Ordinance No. 1918 entitled, "An Ordinance of the Lodi City Council Levying and Apportioning a Special Tax in Zone 1 of the City of Lodi Community Facilities District No. 2007-1 (Public Services) as Provided in Resolution No. 2015-89" was introduced at the regular City Council meeting of November 18, 2015. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: FUNDING AVAILABLE JMF/PMF Attachment Not applicable. Not applicable. QL,L,�--yy-� nnifer Ferraiolo City Clerk APPROVED: ' n E2—hw'a-b11ber, City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinance) .DOC ORDINANCE NO. 1918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89 WHEREAS, the City Council (the "City Council") of the City of Lodi (the "City") has established Community Facilities District No. 2007-1 (Public Services) (the "District") pursuant to Resolution No. 2007-59 (the "Resolution of Formation"), duly adopted on April 11, 2007, for the purpose of providing for the financing of certain services in and for the City; and WHEREAS, the City Council on June 17, 2015, duly adopted its Resolution No. 2015-89 (the "Resolution") (i) declaring its intention to amend the special tax formula within a portion of the District to be referred to as Zone 1 by reducing the special tax (the "Revised Special Tax") within Zone 1, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and Chapter 3.32 of the City Municipal Code, (ii) proposing to levy the Revised Special Tax therein for the purpose of financing certain services as described in the Resolution, and (iii) calling a public hearing on the questions of the establishment of Zone 1, the amendment to the special tax formula, and the levy of the Revised Special Tax within Zone 1; and WHEREAS, at an election held in Zone 1 on November 17, 2015, the qualified electors of Zone 1 authorized the levy of the Revised Special Tax described in the Resolution. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi: Section 1. Recitals. All of the above recitals are true and correct, and the Council so finds and determines. Section 2. Levy of Revised_ Special Tax. Pursuant to Section 53340 of the Government Code of the State of California and Chapter 3.32 of the City Municipal Code, the Revised Special Tax is hereby levied at the maximum rates and apportioned in the manner specified in the Resolution within Zone 1. Section 3. Collection of Special Tax. Pursuant to Section 53340 of the Government Code of the State of California, the Revised Special Tax shall be collected by the San Joaquin County Tax Collector in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, that the Revised Special Tax may alternately be billed directly and collected on a different schedule, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City's financial obligations. Section 4. Claims for Refund. Claims for refund of the tax shall comply with the following and any additional procedures as established by the City Council: (a) All claims shall be filed with the City Clerk no later than one year after the date the tax was paid. The claimant shall file the claim within this time period and the claim shall be finally acted upon by the City Council as a prerequisite to bringing suit thereon. (b) Pursuant to Government Code section 935(b), the claim shall be subject to the provisions of Government Code sections 945.6 and 946. (c) The City Council shall act on a timely claim within the time period required by Government Code section 912.4. (d) The procedure described in this Ordinance, and any additional procedures established by the City Council, shall be the exclusive claims procedure for claimants seeking a refund of the tax. The decision of the City Council shall be final. Section 5. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. Section 7. Effective Date and Publication. This ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: J NIFER 1W. FERRAIOLO ,ty Clerk 2 State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1918 was introduced at a regular meeting of the City Council of the City of Lodi held November 18, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 2, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1918 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: �y JAKE D. MAGDICH City Attorney 3 WW'719W 0"" , JVNIFER 14 • • -City Clerk Please Immediately confirm receipt . w _ ■ $ - n v . 1110 . . R%:!% 7 l r1I7 A CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1917 and 1918 PUBLISH DATE: SATURDAY, NOVEMBER 21, 2015 � I TEAR SHEETS WANTED: One 1 lease SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 19, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK -74 PAM LA M. ARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SENDPROOP.OF-ADVERTLYMWKKNE, MAKE20-01 Errtalled to the Sentinel at dianer@lodinews.com at 1.0-= D t") on 1IRAB (date). (pages) WS PhaRed'to confirm receipt of all,.pages.at (eme). __EMF _ 1: 8 {iriwi)' N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.04, "SERVICE GENERALLY," AND CHAPTER 13.08, "WATER SERVICE," IN THEIR ENTIRETY. The purpose of this ordinance is to update code sections to reflect current practice related to implementation of the Water Meter Program and to clean up language as appropriate. Introduced November 4, 2015. Adopted November 18, 2015, and effective December 18, 2015. AYES: Chandler, Kuehne, Nakanishi and Mayor Johnson; NOES: Mounce; ABSENT: None. ORDINANCE NO. 1918 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89. The purpose of this ordinance is to reduce the special taxes and annual index for Community Facilities District No. 2007-1. Introduced November 18, 2015. Adoption to be considered December 2 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi November 18, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. �� o r• t v 6 � ❑Q DECLARATION OF POSTING {rFpRt ORDINANCE NO. 1918 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89 On Thursday, November 19, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1918 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 19, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89 WHEREAS, the City Council (the "City Council") of the City of Lodi (the "City") has established Community Facilities District No. 2007-1 (Public Services) (the "District") pursuant to Resolution No. 2007-59 (the "Resolution of Formation"), duly adopted on April 11, 2007, for the purpose of providing for the financing of certain services in and for the City; and WHEREAS, the City Council on June 17, 2015, duly adopted its Resolution No. 2015-89 (the "Resolution") (i) declaring its intention to amend the special tax formula within a portion of the District to be referred to as Zone 1 by reducing the special tax (the "Revised Special Tax") within Zone 1, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and Chapter 3.32 of the City Municipal Code, (ii) proposing to levy the Revised Special Tax therein for the purpose of financing certain services as described in the Resolution, and (iii) calling a public hearing on the questions of the establishment of Zone 1, the amendment to the special taxformula, and the levy of the Revised Special Tax within Zone 1; and WHEREAS, at an election held in Zone 1 on November 17, 2015, the qualified electors of Zone 1 authorized the levy of the Revised Special Tax described in the Resolution. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi: Section 1. Recitals. All of the above recitals are true and correct, and the Council so finds and determines. Section 2. Levy of Revised Special Tax. Pursuant to Section 53340 of the Government Code of the State of California and Chapter 3.32 of the City Municipal Code, the Revised Special Tax is hereby levied at the maximum rates and apportioned in the manner specified in the Resolution within Zone 1. Section 3. Collection of Special Tax. Pursuant to Section 53340 of the Government Code of the State of California, the Revised Special Tax shall be collected by the San Joaquin County Tax Collector in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, that the Revised Special Tax may alternately be billed directly and collected on a different schedule, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City's financial obligations. Section 4. Claims for Refund. Claims for refund of the tax shall comply with the following and any additional procedures as established by the City Council: (a) All claims shall be filed with the City Clerk no later than one year after the date the tax was paid. The claimant shall file the claim within this time period and the claim shall be finally acted upon by the City Council as a prerequisite to bringing suit thereon. (b) Pursuant to Government Code section 935(b), the claim shall be subject to the provisions of Government Code sections 945.6 and 946. (c) The City Council shall act on a timely claim within the time period required by Government Code section 912.4. (d) The procedure described in this Ordinance, and any additional procedures established by the City Council, shall be the exclusive claims procedure for claimants seeking a refund of the tax. The decision of the City Council shall be final. Section 5. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. Section 7. Effective Date and Publication. This ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: JENNIFER M. FERRAIOLO City Clerk 2 Approved this day of , 2015 BOB JOHNSON Mayor State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1918 was introduced at a regular meeting of the City Council of the City of Lodi held November 18, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1918 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: By: JANICE D. MAGDICH City Attorney 3 JENNIFER M. FERRAIOLO City Clerk Please immediately confirm receipt - — - --of-th-b-fsx bvell 333-67-02-7 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NO. 1918 PUBLISH DATE: SATURDAY, DECEMBERS, 2015 TEAR SHEETS WANTED: One Ml please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, DECEMBER 3, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOFOFADVERT!S'THANk•YOU.'!. 'aile to the Sentinel st,�#,arrer@lodin.o".F-o at _ Et� Phond.to confirm N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1918 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89. The purpose of this ordinance is to reduce the special taxes and annual index for Community Facilities District No. 2007-1. Introduced November 18, 2015. Adopted December 2, 2015, and effective January 1, 2016. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi December 2, 2015 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. ORDINANCE NO. 1918 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89 On Thursday, December 3, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1918 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 3, 2015, at Lodi, California. r Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPos t. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89 WHEREAS, the City Council (the "City Council") of the City of Lodi (the "City") has established Community Facilities District No. 2007-1 (Public Services) (the "District") pursuant to Resolution No. 2007-59 (the "Resolution of Formation"), duly adopted on April 11, 2007, for the purpose of providing for the financing of certain services in and for the City; and WHEREAS, the City Council on June 17, 2015, duly adopted its Resolution No. 2015-89 (the "Resolution") (i) declaring its intention to amend the special tax formula within a portion of the District to be referred to as Zone 1 by reducing the special tax (the "Revised Special Tax") within Zone 1, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and Chapter 3.32 of the City Municipal Code, (ii) proposing to levy the Revised Special Tax therein for the purpose of financing certain services as described in the Resolution, and (iii) calling a public hearing on the questions of the establishment of Zone 1, the amendment to the special tax formula, and the levy of the Revised Special Tax within Zone 1; and WHEREAS, at an election held in Zone 1 on November 17, 2015, the qualified electors of Zone 1 authorized the levy of the Revised Special Tax described in the Resolution. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi: Section 1. Recitals. All of the above recitals are true and correct, and the Council so finds and determines. Section 2. Levy of Revised Special Tax. Pursuant to Section 53340 of the Government Code of the State of California and Chapter 3.32 of the City Municipal Code, the Revised Special Tax is hereby levied at the maximum rates and apportioned in the manner specified in the Resolution within Zone 1. Section 3. Collection of Special Tax. Pursuant to Section 53340 of the Government Code of the State of California, the Revised Special Tax shall be collected by the San Joaquin County Tax Collector in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, that the Revised Special Tax may alternately be billed directly and collected on a different schedule, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City's financial obligations. Section 4. Claims for Refund. Claims for refund of the tax shall comply with the following and any additional procedures as established by the City Council: (a) All claims shall be filed with the City Clerk no later than one year after the date the tax was paid. The claimant shall file the claim within this time period and the claim shall be finally acted upon by the City Council as a prerequisite to bringing suit thereon. (b) Pursuant to Government Code section 935(b), the claim shall be subject to the provisions of Government Code sections 945.6 and 946. (c) The City Council shall act on a timely claim within the time period required by Government Code section 912.4. (d) The procedure described in this Ordinance, and any additional procedures established by the City Council, shall be the exclusive claims procedure for claimants seeking a refund of the tax. The decision of the City Council shall be final. Section 5. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. Section 7. Effective Date and Publication. This ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: JENNIFER M. FERRAIOLO City Clerk 2 Approved this 2"d day of December, 2015 BOB JOHNSON Mayor State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1918 was introduced at a regular meeting of the City Council of the City of Lodi held November 18, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 2, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None further certify that Ordinance No. 1918 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: By: JANICE D. MAGDICH City Attorney 3 JENNIFER M. FERRAIOLO City Clerk