HomeMy WebLinkAboutAgenda Report - June 17, 2015 C-21 PHAGENDA ITEM CO2,1
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AGENDA TITLE: Adopt Resolution of Consideration to Reduce Special Taxes and Annual Index for
Community Facilities District No. 2007-1
MEETING DATE: June 17, 2015
PREPARED BY: City Manager
RECOMMENDED ACTION: Adopt Resolution of Consideration to reduce special taxes and
annual index for Community Facilities District No. 2007-1.
BACKGROUND INFORMATION: Council gave staff direction to negotiate a reduction of the special
taxes and annual index rate for Community Facilities District No.
2007-1 at its regular meeting on April 15, 2015. Council further
directed staff to negotiate a waiver of the below described vested rights from the benefitted property
owners to develop property under the current Impact Fee Program. The action tonight is the first City
Council step necessary to accomplish the overall project. The requested action is that the Council adopt
a Resolution of Consideration that would allow the Council to take final action reducing the special taxes
at a later City Council meeting. Subsequent steps include holding a public hearing, calling a special tax
landowner election whereby the landowners will be asked to vote on the reduction and adopting a
development agreement waiving the vested rights. Should other parts of the overall program not come
together, Council may choose not to proceed at that later meeting.
As discussed on April 15, 2015, the City of Lodi created a Community Facilities District ("CFD") for
service in 2007 as a condition of its most recent annexations of Reynolds Ranch, and the Westside and
Southwest Gateway Annexations. CFDs for service are relatively new in municipal finance. However,
unlike CFDs for infrastructure, CFDs for service fund things such as landscaping and lighting, police and
fire services, parks service and other items traditionally funded by the General Fund. At the time, the
special tax was set at $600 per year for single family homes and $175 for multi -family units. The special
tax is subject to annual indexing of the greater of the Consumer Price Index or 5 percent. The index is
applied July 1 of each year. As such, the special tax is currently set at $804 per year and will be $844
per year by the time the first house is occupied.
Although total inflation from 2007 to date totals 13 percent (Bureau of Labor Statistics), the minimum
inflation factor set by the approved formula has been 40 percent. Although a 5 percent minimum may
have been reasonable upon the adoption of the CFD, it is generally understood that the economy did not
perform as expected in 2008. It is also worth noting that the portion of homeowner's property taxes
received by the City are approximately $400 per year, less than half of what these new homes will pay in
CFD special taxes alone. It should be noted that Rose Gate homes are expected to be priced around
$400,000 resulting in about $650 in municipally -directed property taxes. In light of the significant
difference between inflation and the minimum escalator, staff believes it is appropriate for the City to
consider the developer's request to reduce the special tax and the index rate.
APPROVED:
Manager
Any recognition of the economic disadvantages faced by these projects would be incomplete without
addressing the City's current Impact Fee program discounts. As Council is aware, the developers of
these projects filed vesting tentative maps that, if extended, could allow many of the currently vested
units to develop at $5,940 per unit instead of the program calculated $23,195. Van Ruiten Ranch has
200 vested single-family units plus 88 unvested high-density units; Reynolds Ranch has 227 vested
single-family units plus 330 unvested high-density units and Rose Gate has 232 vested single-family
units.
As Council recalls, the discount program was initiated to spur development for a three-year period.
However, the vesting map process could substantially increase that time frame. As such, staff considers
it fair to allow units to develop at the discount for limited period to recognize the original intent of the
program. Staff negotiated a reduction in CFD special taxes to $500 per single-family unit and $145.83
per multi -family unit and an index reduction to 2 percent per year. Such a change would track the
property owners' concurrent Proposition 13 -based property tax increase and also manage to exchange
CFD special taxes for the developers' waiver of any rights to the 60 -percent discount for units that do not
pull a building permit (and complete construction within six months) within a brief negotiated time frame.
The negotiated agreement for Council approval would give Rose Gate three years and Van Ruiten and
Reynolds Ranch four years to pull permits under the discounted rate. Thereafter they would develop at
then -current rates. The projects are staggered to reflect their relative term to commencement of
construction.
As discussed above, tonight's action asks for the adoption of the Resolution of Consideration. This
resolution will initiate the process for the reduction of the above referenced special taxes pursuant to a
public hearing scheduled for August 5, 2015 and a landowner election scheduled for the same day. The
Development Agreements waiving the discounted impact fees will also come back on August 5. Election
timeline waivers are being sought from the affected property owners so as to accelerate the election
process.
FISCAL IMPACT: Undetermined at this time.
FUNDING AVAILABLE: Not applicable.
Stephen chwabauer; -CL Manager
RESOLUTION NO. 2015-89
A RESOLUTION OF CONSIDERATION OF THE CITY COUNCIL
OF THE CITY OF LODI ADOPTED ON BEHALF OF THE CITY'S
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC
SERVICES) PROPOSING AN AMENDMENT TO THE SPECIAL
TAX FORMULA, MAKING CERTAIN FINDINGS AND
ESTABLISHING A PUBLIC HEARING
WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the
"Act"), the City Council (the "Council") of the City of Lodi (the "City"), on February 1, 2007 adopted
its Resolution No. 2007-33 (the "Resolution of Intention"): (i) declaring its intention to establish
Community Facilities District No. 2007-1 (Public Services) ("CFD 2007-1 ") pursuant to the Act, (ii)
proposing to levy a special tax therein for the purpose of providing for the financing of certain
services (the "Services"), (iii) declaring its intention to establish an appropriations limit, and (iv)
calling a public hearing on the establishment of CFD 2007-1; and
WHEREAS, pursuant to the Act, the Council on April 4, 2007 following the public hearing on
the establishment of CFD 2007-1, approved Resolution No. 2007-59 (the "Resolution of Formation")
forming the City of Lodi Community Facilities District No. 2007-1 (Public Services) and calling an
election which was held on April 11, 2007 for the approval of the levy of the special tax and the
establishment of an appropriations limit (the "Measure"); and
WHEREAS, pursuant to the Act, the Council on July 16, 2014 following the public hearing
on the annexation of territory to CFD 2007-1, approved Resolution No. 2014-125 ordering the
annexation of territory to CFD 2007-1; and
WHEREAS, it is now proposed that the special taxes currently levied in CFD 2007-1 be
revised by reducing the special taxes (the "Revised Special Tax") within an area currently located
within CFD 2007-1 referred to herein as Zone 1; and
WHEREAS, Section 53331 of the Act specifically authorizes the Council, as a part of such
election call, to alter the special tax formula levied within CFD 2007-1 by adopting a resolution of
consideration; and
WHEREAS, the Council now desires to revise the tax formula in the manner described
below, to seek voter approval of the proposed Revised Special Tax and the approval of an
appropriations limit, as hereinafter set forth.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Lodi, as
follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2.- Boundary of Zone 1. The boundaries of Zone 1 are within the territory
described in the map entitled, "Boundary of City of Lodi, Community Facilities District No. 2007-1
(Public Services) - Zone 1" (the "Zone 1 Map") which is filed in the office of the City Clerk. Zone 1 is
located within the territory described in the map entitled "Amended Proposed Boundaries of
Community Facilities District No. 2007-1 (Public Services)" recorded in Book 5 of Assessment
Maps at page 13 in the office of the County Recorder of San Joaquin County and a map entitled
"Annexation Map No. 1 Community Facilities District No. 2007-1 (Public Services)" recorded in
Book 6 of Assessment Maps at page 54 in the office of the County Recorder of San Joaquin
County. The City Clerk is hereby authorized and directed to file the map in her office. The City
Clerk is further authorized and directed to record the Zone 1 Map in accordance with the provisions
of Section 3111 of the Streets and Highways Code of the State of California as required.
Section 3. Public Convenience and Hecessit . The Council hereby determines that the
public convenience and necessity require altering the special tax formula to be levied by CFD 2007-
1 from that approved in the Resolution of Formation by revising and adding thereto as Amendment
1 in the manner as set forth in the revised tax formula entitled "Rate and Method of Apportionment
of Special Tax," as set forth in Exhibit A, attached hereto (the "Revised Special Tax Formula").
Section 4. Purpose of Proposed Chan e. The purpose of the proposed change is to
modify the originally proposed special tax for CFD 2007-1 by reducing the special taxes within an
area within CFD 2007-1 to be designated as Zone 1.
Section 5. Descri tion of Public Services , The services (the "Services") proposed to be
financed by the Revised Special Tax within Zone 1 includes police protection services, fire
protection services, maintenance of certain parkways, and hazardous material remediation
services within CFD 2007-1 and are included as authorized services under CFD 2007-1. Services
include "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.
Section 5. Levy of Sgecial Taxes. Except where funds are otherwise available, a
Revised Special Tax sufficient to pay for the Services, secured by recordation of a continuing lien
against all non-exempt real property in Zone 1, shall be levied within Zone 1. The Revised Special
Tax is set forth as Amendment 1 to the rate, method of apportionment, and manner of collection of
the Revised Special Taxes for CFD 2007-1, which is set forth in the Revised Special Tax Formula.
Section 7. 8gricultural Land. Pursuant to Government Code section 53325.6 of the Act,
the Council hereby finds that land within Zone 1 that is devoted primarily to agricultural, timber or
livestock uses and being used for the commercial production of agricultural, timber or livestock
products will be benefited by the Services proposed to be provided within Zone 1.
Section 8. Publlc Heart �. The Council hereby fixes August 5, 2015, at the hour of 7:00
p.m., or as soon thereafter as the matter may be heard, in the regular meeting place of the Council,
Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place when and where the
Council will hold a public hearing on the Revised Special Tax. At the hearing, the testimony of all
interested persons or taxpayers for or against the furnishing of the Services, the levy of the Revised
Special Tax will be heard and considered. Any protests may be made orally or in writing, except
that any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and
shall clearly set forth the irregularities and defects to which objection is made. All written protests
shall be filed with the City Clerk before the time fixed for the hearing, and any written protests may
be withdrawn, in writing, at any time prior to the conclusion of the hearing.
Section 9. Publication of Notice of Hearing. The City Clerk shall cause to be published a
notice of the hearing once in a newspaper of general circulation within the boundaries of CFD 2007-
1. Publication shall be completed at least seven (7) days prior to the public hearing.
Section 10. Content of Notice. Notice of the hearing shall be headed "Notice of Public
Hearing," and shall contain:
(a) The text or a summary of this resolution;
(b) The time and place of the public hearing;
(c) A statement that at the hearing the testimony of all interested persons or taxpayers
for or against the Revised Special Tax proposed to be incurred will be heard;
(d) A description and summary of the effect of protests made by registered voters or
landowners against the Revised Special Tax; and
(e) A description of the proposed voting procedure.
Section 11.. Proposed Voting Pro urea. If, at the conclusion of the public hearing, the
Board finds there are insufficient number of protests, the Board proposes to order an election by
mailed ballot and submit the question of the levy of the Revised Special Tax to the qualified
electors. Because fewer than twelve registered voters currently reside within Zone 1, the qualified
electors shall be the landowners within Zone 1, 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 Zone 1.
SectiiEffective Date.. This resolution shall take effect immediately upon its
passage.
Dated: June 17, 2015
I hereby certify that Resolution No. 2015-89 was passed and adopted by the City Council of
the City of Lodi in a special meeting held June 17, 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
ATTEST:
PAMELA M. FARRIS
Deputy City Clerk
2015-89
EXHIBIT A
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 Council" means the City Council of the City of Lodi.
City of Lodi CFD No. 2007-1 1 January 29, 2007
"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.
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.
City of Lodi CFD No. 2007-1 2 January 29, 2007
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 53 340) 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.
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 i January 29, 2007
Exhibit A
The following amendment to be applied to Zone 1 only is proposed to the Rate and Method
of Apportionment (RMA) of Special Tax currently in effect within Community Facilities District
No. 2007-1 (Public Services) City of Lodi, San Joaquin County, California. This amendment
replaces the current version of "Section C. MAXIMUM SPECIAL TAX" as found in the RMA
and defined terms "Multi -Family Property" and "Single Family Property". Capitalized terms not
defined in the following amendment shall have the meanings ascribed to them in the RMA. All other
sections and terms found in the RMA, not otherwise in conflict, are unchanged and remain in full
effect.
Amendment # 1
City of Lodi Community Facilities District No. 2007-1 (Public Services) for Zone 1 only
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for all Parcels of Taxable Property within the CFD shall be $500
per Single Family Unit and $145.83 per Multi Family Unit for Fiscal Year 2015-2016. Beginning
July 1, 2016 and each July 1 thereafter, the Maximum Special Tax in effect in the prior Fiscal Year
shall be increased by two percent (2%).
"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, 2015, for construction of Multi -Family Units.
"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, 2015, for construction of Single Family Units.
2
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of this f ax by clln 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING ON RESOLUTION OF CONSIDERATION TO LEVY A
REDUCED SPECIAL TAX WITHIN A PORTION OF THE CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
PUBLISH DATE: SATURDAY, JULY 11, 2015
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TEAR SHEETS WANTED: One 111 Please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
DATED: MONDAY, JULY 6, 2015
JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
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
Emailed to the Sentinel at dianer@lodinews.com at_LS Mime.) on
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forms\advins.doc
DECLARATION OF POSTING
PUBLIC HEARING ON RESOLUTION OF CONSIDERATION TO LEVY A REDUCED
SPECIAL TAX WITHIN A PORTION OF THE CITY OF LODI COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES)
On Monday; July 6, 2015, in the City of Lodi, San Joaquin County, Callfor ta, a Notice of
Public: Hearing on Resolution of Consideration to Levy a Reduced Speciat Tax within a
Portion of the City of Lodi Community Facilities District No. 2007-1 (Public Services)
(attached and marked as Exhibit A) was posted at the following locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
WorkNet Office
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 6, 2015, at Lodi, California.
PAMELA M. FARRIS
DEPUTY CITY CLERK
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
ELENA STODDARD
ADMINISTRATIVE CLERK
N:\Administration\CLERK\Public Fleari ngs\AFFADAVITS\D EC POST CFD TAX.doc
f E L!Bj iT Al
NOTICE OF PUBLIC HEARING
ON RESOLUTION OF CONSIDERATION TO LEVY A REDUCED SPECIAL TAX WITHIN A
PORTION OF THE 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 June 17, 2015,
adopted its Resolution No. 2015-89 in which it proposed to levy a reduced special tax within a
portion of Community Facilities District No. 2007-1 (Public Services) all pursuant to the provisions
of the Mello -Roos Community Facilities Act of 1982. The Resolution describes the reduced special
tax and the area subject to the reduced special tax (designated as Zone 1). For further details, the
Resolution is available at the offices of the City at 221 W. Pine Street, Lodi, California.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed Wednesday,
August 5, 2015, at 7:00 p.m., in the regular meeting place of the City Council,
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 Resolution. At the hearing, the testimony of
all interested persons or taxpayers for or against the proposed reduced special tax will be heard
and considered. Protests may be made orally or in writing, except that any protests pertaining to
the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the
irregularities and defects to which objection is made. All written protests must be filed with the
City Clerk before the time fixed for the hearing. Any written protest may be withdrawn, in writing, at
any time before the conclusion of the hearing.
NOTICE IS HEREBY FURTHER GIVEN that, at the conclusion of the public hearing, the
City Council may abandon the proceedings or may, after passing upon all protests, submit to the
qualified electors the questions of levying the reduced special tax. If 50% or more of the registered
voters, or 6 registered voters (whichever is more), residing within CFD 2007-1, or the owners of 1/2
or more of the area of land included in CFD 2007-1 and not exempt from the reduced special tax file
written protests against the reduced special tax and sufficient protests are not withdrawn, the
reduced special tax shall not be considered for a period of one year from the date of the decision of
the City Council on the hearing.
NOTICE IS HEREBY FURTHER GIVEN that, if the City Council determines at the
conclusion of the public hearing to proceed, the election will be conducted by mailed ballot to the
landowners in Zone 1.
DATED: July 11, 2015
Q\0,66." -rr�'
Jen fer M. F raiolo, City Clerk
Cit of Lodi
1271333 1 11233-038