HomeMy WebLinkAboutOrdinances - No. 1911ORDINANCE NO. 1911
AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND
APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO
coMMUNTTY FAC|L|TTES DTSTRICT NO. 2007-1 (PUBLIC SERVICES)
(ANNEXATTON NO.2)
WHEREAS, the City Council of the City of Lodi (the "City Council") has established Community
Facilities District No. 2007-1 (Public Services) (the "CFD") pursuant to Resolution No.2007-59 (the
"Resolution of Formation"), duly adopted on April 4,2007 , for the purpose of providing for the financing
of certain public services in and for the CFD; and
WHEREAS, the City Council duly adopted Resolution No. 2015-133 (the "Resolution") on
August 5,2015, wherein the City Council submitted the question of levying a special tax in territory
proposed to be annexed to the CFD at the rate and according to the method of apportionment described
therein; and
WHEREAS, at an election held in the territory proposed to be annexed to the CFD on
August 5,2015, the qualified electors of such territory authorized the levy of the special tax described in
the Resolution; and
WHEREAS, the City Council duly adopted Resolution No. 2015-134 on August 5, 2015, wherein
the City Council determined that the territory proposed to be annexed was added to the CFD (such
territory being referred to herein as "Annexation No. 2").
NOW, THEREFORE, BE lT ENACTED by the City Council of the City of Lodi
Section l. Recitals. The foregoing recitals are true and correct.
Section 2. Levy of Special Tax. Pursuant to Section 53340 of the California Government
Code, the special tax is hereby levied for fiscal year 2015-16 at the maximum rates and apportioned in
the manner specified in the Resolution.
Section 3. Collection of Special Tax. Pursuant to Section 53340 of the California
Government Code and the Resolution, the special tax shall be collected in the same manneras 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 City may
directly bill the special tax, may collect special taxes at a different time or in a different manner if
necessary to meet the financial obligations of the CFD or as othenruise determined appropriate by the
City.
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, in writing, with the City Treasurer during the Fiscal Year
in which the error is believed to have occurred. 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 Mandatorv 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 othen¡vise imposed by law.
Section 6. Severability. lf 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 shalltake effectthirty (30) days
after its adoption. The Cíty Council hereby directs the City Clerkto publish the fulltext of the ordinance
within 1 5 days after its passage, with the names of the City Council members voting for and against the
ordinance, pursuant to Government Code section 36933(a).
Approved this lgth day of August,2015.
BOB JO
Mayor
Attest:
-IY\ fe/r'"tÃ,
NIFER
Clerk
FERRAIOLO
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. 1911 was
introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015, and was
thereafter passed, adopted and ordered to print at a regular meeting of said Council held
August 19,2015, 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. 1911 was approved and signed by the Mayor on the date of its
passage and the same has been published pursuant to law
\y,Ts.r^atã("
NIFER
Clerk
as to Form:
MAGDICH
2
City Attorney
FERRAIOLO
SUBJECT:
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 9524T-I9IO
ADVERTISIN G INSTRUCTIONS
SUMMARY OF ORDINANCE NOS. 1907,1908, 1909, 1910, 1911,1912,
AND I9I3
DATE:SATURDAY, AUGUST 8, 2OI5PUBLIS
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DATED:
ORDERED BY:
THURSDAY, AUGUST 6, 2015
JENNIFER M, FERRAIOLO
CITY CLERK
PAMELA M. FARRIS
DEPUTY CITY CLERK
JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
ELENA STODDARD
ADMINISTRATIVE CLERK
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CITY OF LODI
ORDINANCE NO. 1907
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE I5 - BUILD¡NG AND CONSTRUCTION - BY REPEAL¡NG AND RE.ENACTING
CHAPTER I5.65, ..SAN JOAQUIN GOUNTY REGIONAL TRANSPORTATION IMPACT FEE,''
lN ITS ENTIRETY. The purpose of this ordinance is to bring the Lodi Municipal Code into
compliance with the recently-approved San Joaquin County Regional Transportation lmpact Fee
Program Operating Agreement by clarifying language and definitions, changing the timing of
program fee payments and reporting dates, and modifying project selection criteria. lntroduced
July 15, 2015. Adopted August 5, 2015; and effective September 4, 2015. AYES: Chandler,
Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. I9O8
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION. The purpose of this ordinance is
to enter into an agreement between the City and the Reynolds Ranch Subdivision developer in
which the developer agrees to waive the vested right to pay Development lmpact Mitigation Fees
according to the lmpact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142
for all units for which building applications are submitted on or after June 17, 2019 or construction
is not completed by December 17,2019. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. lntroduced
August 5,2015. Adoption to be considered Auqust 19.2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1909
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE ROSE GATE SUBDIVISION. The purpose of this ordinance is to enter
into an agreement between the City and the Rose Gate Subdivision developer in which the
developer agrees to waive the vested right to pay Development lmpact Mitigation Fees according
to the lmpact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units
for which building applications are submitted on or after June 17, 2018 or construction is not
completed by December 17, 2018. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. lntroduced
August 5, 2015. Adoption to be considered Auqust 19, 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. I9IO
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAp RTGHTS FOR THE VAN RUITEN RANCH SUBDIVISION. The purpose of this ordinance is
to enter into an agreement between the City and the Van Ruiten Ranch Subdivision developer in
which the developer agrees to waive the vested right to pay Development lmpact Mitigation Fees
according to the tmpaòt Mitigation Fee Program Schedule adopted by Resolution No. 2012-142
for all unús for which building applications are submitted on or after June 17 , 2019 or construction
is not completed by December 17,2019. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. lntroduced
August 5, 2015. Adoption to be considered Auqust 19. 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. I911
AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE
SPECIAL TAX IN TERR¡TORY ANNEXED TO COMMUNITY FACILITIES DISTRICT
NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 2). The purpose of this ordinance is to
levy and apportion the special tax within the territory annexed into the Community Facilities
District No. 2007-1 as Annexation No. 2. lntroduced August 5,2015. Adoption to be considered
Auqust 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None, ABSENT:
Mayor Johnson.
ORDINANCE NO. 1912
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
12 - STREETS, SIDEWALKS, AND PUBLIC PLACES - BY REPEALING CHAPTER 12.07,
,.LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY
RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. I818, DISESTABLISHING THE
LODI TOURISM BUSINESS IMPROVEMENT DISTRICT. The purpose of this ordinance is to
disestablish the Lodi Tourism Business lmprovement District. lntroduced August 5, 2015.
Adoption to be considered September 2. 2015. AYES: Chandler, Kuehne, Mounce, and
Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1913
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
15 - BUILDINGS AND GONSTRUCTION - BY ADDING CHAPTER 15.19, "EXPEDITED
PERMIT PROCESS FOR SNíALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS.'' ThE PUTPOSE
of this ordinance is to create an expedited, streamlined permitting process for small residential
rooftop solar energy systems. lntroduced August 5, 2015. Adoption to be considered
Auqust 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT:
Mayor Johnson.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
August 5,2015
Certified copies of the full text of these ordinances are available in the office of the Lodi City
Clerk.
DECLARATION OF POSTING
ORDINANCE NO. I9II
AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE
SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT
NO. 2007-1 (PUBL¡C SERVICES) (ANNEXAT¡ON NO. 2)
On Thursday, August 6, 2015, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1911 (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 August 6,2015, at Lodi, California
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Ð..*z^W*øt/;.
Pamela M. Farris
Deputy City Clerk
Elena Stoddard
Administrative Clerk
ordsummaries\aaDecPost. doc
EX$ iiU¡i A
===============================================================================
WHEREAS, the City Council of the City of Lodi (the "City Council") has established Community
Facilities District No- 2007-1 (public serviceé) (the "c.FD") pursuant to Resolution No. 2007-59 (the
,,Resolution of Formatùn), duiy adopted on Aórii 4,2oo7,forthe purpose of providing forthe financing
of certain public services in and for the CFD; and
WHEREAS, the City Council duly adopted Resolution No. 2015-133 (the "Resolution") on
August s,2o1s, wneiá¡n tné city Council submitted the question of levying a special tax in territory
proipos"o to be annexed to the cFo at tne rate and according to the method of apportionment described
therein; and
WHEREAS, at an election held in the territory proposed to be annexed to the CFD on
August s,2015, the qualified electors of such territory auihorized the levy of the special tax described in
the Resolution; and
WHEREAS, the City Council duly adopted Resolution No. 2015-134 on August 5, 2015, wherein
the City Council determine-d that the territory propose_d to be annexed was added to the CFD (such
territory being referred to herein as "Annexation No. 2").
NOW, THEREFORE, BE lT ENACTED by the City Council of the City of Lodi:
section l. Recitals. The foregoing recitals are true and correct.
Section 2. Levv of Special Tax. Pursuant to Section 53340 of the California Government
Code, the special tax isÏñOy tevieO for Rscal year 2015-16 at the maximum rates and apportioned in
the manner specified in the Resolution'
Section 3. Collection of Special Tax. Pursuant to Section 53340 of the California
Government Code anO tne nesolution tfre special tax shall be collected 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 caåe of Oelinquency as is provided for ad valorem taxes; provided, however, that the City may
b¡rectû bill the speciaitax, hay cbllect special taxes at a different time or in a different manner if
necesiary to meet the financial-obligations of the CFD or as othenruise determined appropriate by the
City.
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, in writing, with the City Treasurer during the Fiscal Year
in which the error is believed to have occurred. 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 iax. The decision of the City Council shall be final.
ORDINANCE NO. 1911
AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND
APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO
coMMUNITY FACILITIES DISTRICT NO, 2007-1 (PUBLIC SERVICES)
(ANNEXATION NO.2)
Section 5. No Ma,..,atory Duty of Care. This ordinance is n- .rrtended to and shall not be
construed or given etrect ¡n a rnanner Ûra-imposes upon the City or any officer or employee thereof a
mandatory duiy 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. Severabilitv. lf any provision of this ordinance or the application thereof to any
person or circumstances ¡s held irn alid, 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 ãre severable. This City Council hereby declares that it would have adopted
ihis 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. ffre City Councit trereby directs the City Clerk to publish the full text of the ordinance
within 1S days after its paðsage, with the names of the City Council members voting for and againstthe
ordinance, pursuant to Government Code section 36933(a).
Approved this-day of 2015
BOB JOHNSON
Mayor
Attest:
JENNIFER M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1911 was
introduced at a regular meeting of the City Council of the City of Lodi held August 5,2015, and was
thereafter passeO, adopted ãnd ordered to print at a regular meeting of said Council held
,2015, bY the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS _
COUNCIL MEMBERS -
COUNCIL MEMBERS -
COUNCIL MEMBERS -
I further certify that Ordinance No. 1911 was approved and signed by the Mayor on the date of its
passage and the same has been published pursuant to law.
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney
2