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HomeMy WebLinkAboutAgenda Report - August 17, 2016 G-01 PH/ERAGENDA ITEM G-% ' CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Receive Input and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4); and a Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4); and Introduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services)(Annexation No. 4) MEETING DATE: August 17, 2016 PREPARED BY: Public Works Director RECOMMENDED ACTION: Public hearing to receive input and consider adopting a resolution calling an election to submit to the qualified electors the questions of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4); and a resolution declaring the results of the special election and ordering the annexation of territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4); and introduce an uncodified ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4). BACKGROUND INFORMATION: The resolution, if adopted by City Council, will culminate the process to annex two parcels (to be subdivided into a total of 57 residential lots) into the City of Lodi Community Facilities District No. 2007-1 (Public Services) (CFD). The boundary of the annexation is shown in Attachment A and includes APN 027-420-08 and 027-420-10 located on Taylor Road north of Vintner's Square Shopping Center. Approved tentative subdivision map conditions require the private landowners to cooperate in the annexation of the parcels into the CFD, the purpose of which to offset a portion of the new costs resulting from new development. The resolutions are provided in Attachment B that call for the annexation election and declare the election results. The uncodified ordinance is provided in Attachment C that levies and apportions the special tax within the territory to be annexed. The public services to be funded by the CFD are described below. (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, public masonry wall, and open space. APPROVED: J'StepYien-Schwabau4r, City Manager KMP\DEV_SEMCommunity Facilities District 2007-1\Annexation No. 4\C_PH_Annex_4.doc 8/8/16 Public Hearing to Receive Input and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4); and a Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4); and introduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services)(Annexation No. 4) August 17, 2016 Page 2 (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. The special tax formula entitled "Rate and Method of Apportionment, and Manner of Collection of Special Tax" is included in the resolution calling for the election contained in Attachment B. The special tax provides for an annual tax of $500 for single-family units (increased two percent per year) and $145 for multi -family units (increased two percent per year). 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. The City Clerk will open the election and then present the results of landowner ballots after adoption of the resolution calling for the election. Following this, the City Council will consider the resolution declaring the results of the election. The ordinance levying and apportioning the special tax will then be introduced. FISCAL IMPACT: The public services and administration of the CFD shall be paid from the special taxes collected within the CFD. The developer has paid the City for all costs to establish the CFD. The estimated annual revenues at buildout of these projects will amount to approximately $28,500. FUNDING AVAILABLE: Not applicable. Charles E. Swimley, Jr. Public Works Director CES/LC/tdb Attachments cc: Lyman Chang, Deputy Public Works Director/City Engineer Janice D. Magdich, City Attorney Chris Conklin, Grupe Company K:\WP\DEV_SERV\Community Facilities District 2007-1\Annexation No. 4\C_PH Annex_4.doc 6/6/16 0 -^ I o o a 0 0 0 _ I � p VICINITY MAP o I I I 0 0 n No � W I � H �a _ Z U, 3 zI =I� U =I�a 027-050-10 i Z 027-420-09 027-050-21 aN!aAc�i aleoµr�ael wrrn w,�M.�,nwcl��r vo ANNEXATION MAP NO.4 COMMUNITY FACILITIES DISTRICT NO. 2007-1 [PUBLIC SERVICESI CITY OF LODI, SAN JOAQUIN COUNTY 027-060-46 STATE OF CALIFORNIA 6 ..1U i0 60 OTS y1 O 0 I 0 027-060-10 '�. o'ati ti 027-060-28 a / TAYLOR ROAD set ... COUNTY CITY 57 371 r 027-420-10 027-420-07 027 -420 -DB 027-420-06 1 027-420-12 TSARGENrRO 'Lx7GlAVEE it� -^ Ell— VICST; _ r-- to RD Wr. 11 ' HwylZ-lcmTnj3AwLN' VICINITY MAP LEGEND: EXISTING CITY LIMIT UNE SHOWN THUS — — PROPOSED ANNEXATION BOUNDARY ASSESSOR'S PARCEL NO.. INCLUDED IN ANNEXATIDN 0 FILED IN THE OFFICE OF THE CITY CLERIC THIS DAY w OF 2016. OJENNIFER M. FERRAIOLO, CITY CLERK Z CITY OF LODI W I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED Q BOUNDARIES OF ANNEXATION NO. 4 TO COMMUNITY FACILITIES < DISTRICT NO. 2007-1 (PUBLIC SERVICES), CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, WAS APPROVED BY THE COY COUNCIL OF THE CITY OF LODI AT A a REGULAR MEETING THEREOF, HELD ON THE DAY OF N 2016, BY ITS RESOLUTION NO. a. 2016- W O JENNIFER M. FERRAIOLO, CITY CLERK J COY OF LODI FILED THIS DAY OF 2016, AT THE HOUR OF—O'CLOCK—.M. IN THE BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SAN JOAQUIN. STATE OF CALIFORNIA. STEVE J. BESTOLARIDES, COUNTY RECORDER COUNTY OF SAN JOAQUIN. STATE OF CALIFORNIA REFERENCE IS MADE TO THAT AMENDED BOUNDARY MAP OF COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) OF THE CRY OF LODI RECORDED WITH THE SAN JOAQUIN COUNTY RECORDER'S OFFICE ON APRIL 19, 2007, IN BOOK 5, OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE 13, AS DOCUMENT NO. 2007-076402. THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE SAN JOAQUIN COUNTY ASSESSORS MAPS FOR THIS PARCELS LISTED. THE SAN JOAQUIN COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS. MCR ENGINEERING, INC. 1242 DUPONT COURT MANTECA, CA 95336 EINGIN.EERING TEL: (209)239-6229 FAX: ( 209)239-8839 SHEET 1 OF I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 4) ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- WHEREAS, on April 4, 2007, the City Council (the "City Council") of the City of Lodi (the "City"), approved Resolution No. 2007-59 establishing Community Facilities District No. 2007-1 (Public Services) (the "CFD") 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, for the purpose of providing for the financing of certain public services (the "Services") described in Exhibit A hereto; and WHEREAS, at a special election held on April 11, 2007, more than two-thirds of the votes cast were in favor of the levy of a special tax and the establishment of an appropriations limit, all as determined by the City Council in Resolution No. 2007-82, duly adopted on May 2, 2007; and WHEREAS, the City Council on July 6, 2016, duly adopted Resolution No. 2016-122 (the "Resolution of Intention") declaring its intention to annex certain territoryto the CFD and to levy a special tax within that territory to pay for the Services and setting a public hearing on the proposed annexation for August 17, 2016; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 4 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California" a copy of which is on file with the City Clerk and has been recorded in the office of the San Joaquin County Recorder on July 20, 2016, in Book 6 of Assessment Maps, at Page 87; and WHEREAS, the City Council convened a public hearing on Wednesday, August 17, 2016, at 7:00 p.m., at the regular meeting place of the City Council, Carnegie Forum, 305 W. Pine Street, Lodi, California, at which hearing all persons interested, including all taxpayers, property owners and registered voters within the CFD and the territory proposed to be annexed, were given an opportunityto appear and be heard on the proposed annexation of territory to the CFD and the levy of special taxes within the territory proposed to be annexed; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1 /2) or more of the area within the CFD, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined to call an election to authorize the annexation of territory to the CFD and the levying of a special tax as described in Exhibit B hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that: Section 1. Recitals. All of the above recitals are true and correct, and the City Council so finds and determines. Section 2. Confirmation of Findings in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. Section 3. Finding Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. Section 4. Finding Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to the CFD are valid and in conformity with the requirements of the Act. Section 5. Tax Lien. Upon recordation of an amended notice of special tax lien pursuant to Sections 3117.5 and 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the territory proposed to be annexed and this lien shall continue in force and effect until the collection of the tax is terminated by the City Council. Section 6. Call and Order of Election. The City Council hereby calls and orders a special election to be held on Wednesday, August 17, 2016 ("election day"), at which election the question of levying the special tax within the territory proposed to be annexed shall be submitted to the qualified electors of the territory proposed to be annexed. The terms of the measure are described in this Resolution. The abbreviated form of the statement of the ballot measure is set forth in Exhibit C hereto and is incorporated herein by reference. Section 7. Vote Required. If the proposition on the question of levying the special tax within the territory proposed to be annexed receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, then the territory proposed to be annexed will be added to and become part of the CFD with full legal effect and the City Council will be authorized to levy the special tax within the annexed territory. Section 8. Submission of Ballot Proposition. The City Council hereby submits to the landowners within the territory proposed to be annexed to the CFD at the special election the ballot proposition set forth in Section 6 of this resolution. The City Council hereby authorizes the City Clerk to conduct the election. Section 9. Conduct of Election. The special election shall be held and conducted, the returns canvassed, and the results ascertained and determined, as herein provided: (a) All owners of land within the territory proposed to be annexed to the CFD upon the date of the special election shall be qualified to vote upon the measure submitted at the special election. Each landowner shall have one vote for each acre or portion thereof that she, he, or it owns within the territory proposed to be annexed to the CFD, as provided in Government Code section 53326(b). (b) Pursuant to Government Code section 53327, the special election shall be conducted as a mailed ballot election, in accordance with the provisions of Sections 4100-4108 of the Elections Code. There shall be no polling places for the special election. (c) The City Clerk is authorized to mail to each landowner in the territory proposed to be annexed to the CFD a ballot in the form set forth in Exhibit C hereto. (d) Each voter desiring to vote in favor of the measure to levy a special tax shall mark an "X" or a check mark in the voting square opposite the word "YES." To vote against the measure, the voter shall mark an "X" or a check mark in the voting square opposite the word "NO." (e) The City Clerk shall accept the ballots of the landowners up to five minutes following the adoption of this resolution by the City Council. The City Clerk shall have available ballots 2 that may be marked at the City Clerk's office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (f) The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed at the City Clerk's office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (g) The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. (h) The City Council ratifies the City Clerk's mailing of the ballots in advance of the call of the election. Section 10. General Authorization with Respect to the Election. The members of the City Council, the City Clerk, and the other officers of the City are hereby authorized and directed, individually and collectively, to do any and all things and to execute, deliver, and perform any and all agreements and documents that they deem necessary or advisable in order to effectuate the purposes of this Resolution. All actions heretofore taken by the officers and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects. Section 11. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City has created a separate account into which the special tax proceeds shall be deposited; and the City shall prepare a report, as required, pursuant to the requirements of Section 53343.1. Section 12. CEQA Compliance. The City Council hereby determines that the annexation of territory to the CFD is not a project as defined under the provisions of the California Environmental Quality Act ("C.E.Q.A.") pursuant to Section 15378 of the C.E.Q.A. guidelines and directs the City staff to file a notice of exemption with San Joaquin County. Section 13. Effective Date. This resolution shall take effect immediately upon its passage. Dated: August 17, 2016 ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- I hereby certify that Resolution No. 2016- was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — JENNIFER M. FERRAIOLO City Clerk 2016- EXHIBIT A List of Authorized Services (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. (f) Incidental services 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. A-1 EXHIBIT B 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. "County" means the County of San Joaquin. City of Lodi CFD No. 2007-1 EXHIBIT B "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, 2015, 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, 2015, 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. 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 City of Lodi CFD No. 2007-1 EXHIBIT B 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 $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%). 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 EXHIBIT C OFFICIAL BALLOT SPECIAL TAX ELECTION CITY OF LODI ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (August 17, 2016) Number of votes entitled to cast: 10 INSTRUCTIONS TO VOTERS: To vote on the measure, mark an (X) or a check mark in the voting square afterthe word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the City Clerk, 221 West Pine Street, Lodi, California 95240, to obtain another. MEASURE SUBMITTED TO VOTE OF VOTERS Ballot Measure: "Shall the City of Lodi Community Facilities District No. 2007-1 (Public Services) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to Resolution No. 2016- YES: ❑ 122 adopted by the City Council of the City of Lodi on July 6, 2016, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No. 4 Community Facilities District No. 2007-1 NO: ❑ (Public Services), City of Lodi, San Joaquin County, State of California?" NOTE: This is a special landowner election. We request that you return this ballot to the City Clerk, City of Lodi, to her office at 221 West Pine Street, Lodi, California 95240, by 4:00 p.m. on Tuesday, August 16, 2016, and no later than five minutes following the City Council's adoption of the Resolution Calling the Election on August 17, 2016. C-1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON WEDNESDAY, AUGUST 17, 2016, AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 4) ------------------------------------------------------------------------ ------------------------------------------------------------------------ WHEREAS, in proceedings heretofore conducted by the City Council (the "City Council") of the City of Lodi (the "City"), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), the City Council on August 17, 2016, adopted Resolution No. , which resolution called a special election within the territory proposed to be annexed to the City's Community Facilities District No. 2007-1 (Public Services) (the "CFD"); and WHEREAS, pursuant to the terms of the resolution, the special election was held on August 17, 2016, and the City Clerk has duly canvassed the returns of the election and has filed with the City Council a statement of all votes cast at the election showing the whole number of votes cast within such territory and the whole number of votes cast for and against the measure in such territory and also filed, attached to the statement, her certificate as to the correctness of the statement (the "Statement of Election Results"), a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that: Section 1. Approval of Canvass. The canvass by the City Clerk, as shown by the Statement of Election Results is hereby ratified, confirmed, approved, and entered upon the minutes of this meeting. Section 2. Statement of the Measure. At the election, the following measure was submitted to the qualified electors of the territory proposed to be annexed to the CFD and the number of votes cast for and against the measure was as follows: BALLOT MEASURE Total Votes "Shall the City of Lodi Community Facilities District No. 2007-1 (Public YES: NO: Services) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to Resolution No. 2016-122 adopted by the City Council of the City of Lodi on July 6, 2016, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No. 4 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California?" Section 3. Votes Cast. The total number of votes cast in the territory proposed to be annexed to the CFD at the election was 10. Section 4. Measure Passed. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed. Section 5. Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act. Section 6. Order of Annexation. The City Council hereby determines and orders that the territory proposed to be annexed to the CFD is added to and part of the CFD with full legal effect. Section 7. Amendment to Notice of Special Tax Lien. The City Clerk is hereby directed to record an amendment to the Notice of Special Tax Lien with the San Joaquin County Recorder, in accordance with the provisions of Sections 3114.5 and 3117.5 of the California Streets and Highways Code within fifteen (15) days of the adoption of this resolution. Dated: August 17, 2016 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2016- was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — JENNIFER M. FERRAIOLO City Clerk 2016- W EXHIBIT A STATEMENT OF ELECTION RESULTS I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi (the "City"), hereby certify that: 1. On August 17, 2016, at 221 West Pine Street, Lodi, California, I canvassed the returns of the election called for August 17, 2016, in the territory proposed to be annexed to Community Facilities District No. 2007-1 (Public Services) on the following measure: "Shall the City of Lodi Community Facilities District No. 2007-1 (Public Services) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to Resolution No. 2016-122 adopted by the City Council of the City of Lodi on July 6, 2016, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No.4 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California?" 2. The total number of qualified landowner votes eligible to be cast, the total number of votes actually cast at the election, and the total number of votes cast for and against the measure are set forth below. The totals as shown for and against the measure are full, true, and correct. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed. Qualified Landowner Votes Votes Cast YES NO 10 Dated: August 17, 2016 Jennifer M. Ferraiolo City Clerk A-1 ORDINANCE NO. AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 4) WHEREAS, the City Council of the City of Lodi (the "City Council") has. established Community Facilifies District No. 20471 (Publiic. Services) (the "CFD") pursuant to Resolution No. 2007-59 (tile "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. (the "Resolution") on August 17, 2016, wherein the City Council submitted the question of levying a special taxin 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 17, 2016, 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. on August 17, 2016, 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. 4"). NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. LeW of Special Tax. Pursuant to Section 53340 of the California Government Code, the special tax is hereby levied for fiscal year 2016-17 at the maximum rates and apportioned in the manner specified in the Resolution. Section 3. Collection of Sgggial Tax. Pursuant to Section 53340 of the California Government Code and the Resolution, the 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 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 obligatlons of the CFD or as otherwise 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 sectiion 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 Gare. 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. Severabilit . 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 uncodified 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 surnmary of the ordinance may be published at least five (5) days priorto and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Cleric pursuant to Government Code section 36933(c)(1). Attest JENNIFER M. FERRAIOLO City Clerk 2 Approved this day of , 2016 MARK CHANDLER Mayor State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that uncodified Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held August 17, 2016, and was therefore passed, adopted, and ordered to print at a regular meeting of said Council held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — <�pproved as to Form: -JANICE D. MAGDICH City Attorney 3 JENNIFER M. FERRAIOLO City Clerk RESOLUTION NO. 2016-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 4) WHEREAS, on April 4, 2007, the City Council (the "City Council) of the City of Lodi (the'CIV), approved Resolution No. 2007-5 . 9 establishing Community Facilities District No. 2007-1 (Public Services) (the "CFD") pursuant to the Melts -Roos Community Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment Code of the State of California, for the purpose of providing for the financing of certain public services (the "Services") described in Exhibit A hereto; and WHEREAS, at a special election held on April 11, 2007, more than two-thirds of the votes cast were in favor of the levy of a special tax and the establishment of an appropriations limit, all as determined by the City Council in Resolution No. 2007-82, duly adopted on May 2, 2007; and WHEREAS, the City Council on July 6, 2016, duly adopted Resolution No. 2016-122 (the "Resolution of Intention") declaring its intention to annex certain territoryto the CFD and to levy a special tax within that territory to pay for the Services and setting a public hearing on the proposed annexation for August 17, 2016; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 4 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California" a copy of which is on file with the City Clerk and has been recorded in the office of the San Joaquin County Recorder on July 20, 2016, in Book 6 of Assessment Maps, at Page 87; and WHEREAS, the City Council convened a public hearing on Wednesday, August 17, 2016, at 7:00 p.m., at the regular meeting place of the City Council, Carnegie Forum, 305 W. Pine Street, Lodi, California, at which hearing all persons interested, including all taxpayers, property owners and registered voters within theCFD and theterritory proposed to be annexed, were given an opportunkyto appear and be heard on the proposed annexation of territory to the CFD and the levy of special taxes within the territory proposed to be annexed; and WHEREAS, written protests have not been filers by fifty percent (501%) or mare of theregistered voters residing within the CFD, or by fifty percent (5o%) or more of the registered voters residing within the territory to be annexed, or by the owners of sane -half (112) or more of the area within the CI=D, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined to call an election to authorize the annexation of territory to the CFD and the levying of a special tax as described in Exhibit B hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that: Section 1. Recitals. All of the above recitals are true and correct, and the City Council so finds and determines. Section 2. Confirmation of Findings In Resolution of ritention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. Section 3. Binding Rggar ing Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD and the levy cf the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and.determines that all such protests are hereby overruled. Section 4. Finding Regarding Prior Proceedings. The City Council finds. and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to the CFD are valid and in conformity with the requirements of the Act. Section 5. Tax Iden. Upon recordation of an amended notice of special tax lien pursuant to Sections 31'17.5 and 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt foal property in the territory proposed to be annexed and this lien shall continue in €orce and effect until the collection of the tax is terminated by the City Council. Section 5. Call and Order of EleLigtign. The City Council hereby calls and orders a special election to be held on Wednesday, August: 17, 2016 Celection day"), at which election the question of levying the special tax within the'tenitory proposed to be annexed shall be submitted to the qualified electors of the territory proposed to be annexed. The terms of the measure are described in this Resolution. The abbreviated form of the statement of the ballot measure is set forth in Exhibit C hereto and is incorporated herein by reference. Section 7. Vote Required. If the proposition on the question of levying the special tax within the territory proposed to be annexed receives the approval of morethan two-thirds (2/3) of the votes cast on the proposition, then the territory proposed to be annexed will be added to and become part of the CFD with full legal effect and the City Council will be authorized to levy the special tax within the annexed territory. Section 8. :Submission of Ballot Proposition. The City Council hereby submits to the landowners within the territory proposed to be annexed to the CFD at the special election the ballot proposition set forth in Section 6 of this resolution. The City Council hereby authorizes the City Clerk to conduct the election. Section 9. Conduct gf Election. The special election shall be held and conducted, the returns canvassed, and the results ascertained and determined, as herein provided: (a) All owners of land within the territory proposed to be annexed to the CFD upon the date of the special election shall be qualified to vote upon the measure submitted at the special election. Each landowner shall have one vote for each acre or portion thereof that she, he, or it owns within the territory proposed to be annexed to the CFD, as provided in Government Code section 53326(b). (b) Pursuant to Government Code section 53327, the special election shall be conducted as a mailed ballot election, in accordance with the provisions of Sections 4100-4108 of the Elections Code. There shall be no polling places for the special election. (c) The City Clerk is authorized to mail to each landowner in the territory proposed to be annexed to the CFD a ballot in the form set forth in Exhibit C hereto. (d) Each voter desiring to vote in favor of the measure to levy a special tax shall mark an "X" or a check mark in the voting square opposite the word "YES." To vote againstthe measure, the voter shall mark an "X" or a check mark in the voting square opposite the word "NO." (e) The City Clerk shall accept the ballots of the landowners up to five minutes following the adoption of this resolution by the City Council. The City Clerk shall have available ballots that may be marked at the City Clerk's office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (f) The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed at the City Clerk's office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (g) The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. (h) The City Council ratifies the City Clerk's mailing of the ballots in advance of the call of the election. Section 10. General Authorization With Respect to the Election. The members of the City Council,.the City Clerk, and the other officers of the City are hereby authorized and directed, individually and collectively, to do any and all things and to execute, deliver, and perform any and all agreements and documents that they deem necessary or advisable in order to effectuate the purposes of this Resolution. All actions heretofore taken by the officers and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects. Section 11. Accountiaili a sures. Pursuant to Section 50075.1 of the California Government Code, the City has created a separate account into which the special tax proceeds shall be deposited; and the City shall prepare a report, as required, pursuant to the requirements of Section 53343.1. Section 12. CEQA Compliance. The City Council hereby determines that the annexation of territory to the CFD is not a project as defined under the provisions of the California Environmental Qual't#y Act"C,E,Q.A"} pursuant Section 15378 of the C. E.Q.A. guidelines and directs the Cir staff to file a notice of exemption with San Joaquin County. Section 13. Effective Date. This resolution shall take effect immediately upon its passage. Dated: August 17, 2016 I hereby certify that Resolution No. 2016-155 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None NIFER FERRAIOLO Clerk 2016-155 EXHIBIT A List of Authorized Services (a) police protection services, including, but not lirniied to, criminal justiceservices. However, criminal justice services shalil 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 protectlori Wvices, 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. (f) Incidental services 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. A-1 EXHIBIT B CITY OF NODI 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 (CFI]) No. 2007-1(Public Services) shall be levied and collecWd according to the tax liability detrained 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 lave 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. "County" means the County of San Joaquin. City of Lodi CFD No. 2007-1 EXHIBIT B "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, 2015, 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, 2015, 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. 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 City of Lodi CFD No. 2007-I EXHIBIT B the date the parcel or subdivision map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel ar 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'deterrmining 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. MAMMUM 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%). D. A TROD OF LEV Y ANJ-9UVJI LVA:111JIM yr 2KA15,11 .r ■IMM Each Fiscal Year, the :Special Tax shall be levied proportionately on each Parcel of Taxable Property in the CFD up to 10OVo of the Maximum Special Tax determined pursuant to Section G 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. LIlVIITAT�ONS 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. 1G1MRPRETATION 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 3 EXHIBIT C OFFICIAL BALLOT SPECIAL TAX ELECTION CITY OF LODI ANNEXATION OF TERRITORY TO COMMUNITY FACIUT19S DISTRICT Nd. 2007-1 1PUBLIC SERVICES (August 17, 2016) Number of votes entitled to cast: 10 INSTRUCTIONS TO VOTERS: To vote ontherneasure, mark an(X).oracheck Mark inthevoong.squareafterthe word "YES" or afterthe word 'NO." All marks otheW.se made are forbidden. All.disOnguishing marks areforbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the City Clerk, 221 West Pine Street, Lodi, California 95240, to obtain another. MEASURE SUBMITTED TO VOTE OF VOTERS Ballot Measure: "Shall the City of Lodi Community Facilities District No. 2007-1 (Public Services) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to Resolution No. 2016- YES: ❑ 122 adopted by the City Council Qf the C€ty of Lodi on July 6, 2016, which resolution is incorporated herein by reference, With€n the terr€tary identified on a map edtled "Annexation Map No, 4 Community Facilities district No. 2007-1 NO: ❑ (public Services), City of Lodi, San Joaquin County, State of California?' NOTE: Thls is a special landowner election. We request that you return this ballot to the City Clerks City of Lodi, to her oftice at 271 West Pine SIMM% Lodi, California 96240, by 4:00 p.m. on Tuesday, August16, 2016, and no later than five minutes following the City Council's adoption of the. Resolution Calling the Election on August 17, 2016. C-1 RESOLUTION NO. 2016-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON WEDNESDAY, AUGUST 17, 2016, AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 4) WHEREAS, in proceedings heretofore conducted by the City Council (the'City Council) of the City of Lodi (the "City"), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), the City Council on August 17, 2016, adopted Resolution No. 2016-155, which resolution called a special election within the territory proposed to be annexed to the City's Community Facilities District No. 2007-1 (Public Services) (the "CFD"); and WHEREAS, pursuant to the terms of the resolution, the special election was held on August 17, 2016, and the City Clerk has duly canvassed the returns of the election and has filed with the City Council a statement of all votes cast at the election showing the whole number of votes cast within such territory and the whole number of votes cast for and against the measure in such territory and also filed, attached to the statement, her certificate as to the correctness of the statement (the "Statement of Election Results"), a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that: Section 1. Approval of Canvass. The canvass by the City Clerk, as shown by the Statement of Election Results is hereby ratified, confirmed, approved, and entered upon the minutes of this meeting. Section 2. Statement of the Measure. At the election, the following measure was submitted to the qualified electors of the territory proposed to be annexed to the CFD and the number of votes cast for and against the measure was as follows: BALLOT MEASURE Total Votes "Shall the City of Lodi Community Facilities District No. 2007-1 (Public YES: NO: Services) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to 10 0 Resolution No. 2016-122 adopted by the City Council of the City of Lodi on July 6, 2016, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No. 4 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California?" Section 3. Votes Cast. The total number of votes cast in the territory proposed to be annexed to the CFD at the election was 10. Section 4. Measure Passed. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed. Section 5. Valift of Prood res. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuantto the Act were and: are valid and in conformity with the Act. Section 6. Order of Annexati rt. The City Council hereby determines and orders that the territory proposed to be annexed t4 the CFD is added to and part of the CFD with full legal effect. Section 7. Amendment to Notice afSoecial Tax Lien. The City Clerk is hereby diced to record an amendment to the Notice of Special Tax Lien with the San Joaquin County Recorder, in accordance with the provisions of Sections 3114.5 and 3117.5 of the California Streets and Highways Code within fifteen (15) days of the adoption of this resolution. Dated: August 17, 2016 I hereby certify that Resolution No. 2016-156 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None NIFER ; FERRAIOLO y Clerk 2016-156 2 EXHIBIT A STATEMENT OF ELECTION RESULTS I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi (the "City"), hereby certify that: 1. On August 17, 2016, at 221 West Pine Street, Lodi, California, I canvassed the returns of the election called for August 17, 2016, in the territory proposed to be annexed to Community Facilities District No. 2007-1 (Public Services) on the following measure: "Shall the City of Lodi Community Facilities District No. 2007-1 (Public Services) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to Resolution No. 2016-122 adopted by the City Council of the City of Lodi on July 6, 2016, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No.4 Community Facilities District No. 2007-1 (Public Services), City of Lodi., San Joaquin County, State of CaliforniaT 2. The total number of qualified landowner votes eligible to be cast, the total number of votes actually cast at the election, and the total number of votes cast for and against: the measure are set forth below. The totals as shown for and against the measure are full, true, and correct. More than two-thirds .of all the votes cast at the election on the measure were in favor of the measure and the measure passed. Qualified Landowner Votes 10 Dated: August 17, 2016 Votes Cast YES NO 10 10 0 J fifer M. F aiolo Clerk A-1 Engineering Communities Facilities District 2007-1 (Public Services) Annexation No. 4 August 17, 2016 F AL m I, no 7owmM Rowl F reTo' I MA Pe oT *7 10 re AMXAT10N NAP N0. A COaDMITY FACILITIES DISTRICT NO.2DOT•1 IPtMBUC SERYI W CITY OF LOQI, z SAN JQAOUN COUNTY r3�r STATE OFCALFORWA Ix TAYL01i ROADI_l MINUY MAP LEGEND - k.' Ix: M, 1 LT IIY i M– FfxY(K+D.,Lr_,1,,� rc. 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WE,:;.e. u 3JFS1 �G a, -IJ,Cb MC J�12 P_ fO'Ir { M1 fi ENGINURING w la -.I4 s BHEGT 1 PF i Recommended Action Conduct Public Hearing to receive input and consider the following: • Adopt a resolution calling for election to submit to the qualified electors the questions of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2007-1 (Annexation No. 4) • Adopt a resolution declaring the results of the special election and ordering the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 4) • Introduce an uncodified ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Annexation No. 4) Please immediately confirm receipt o, f'this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT PUBLISH DATE: SATURDAY, JULY 9, 2016 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, JULY 7, 2016 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK MELA FARRIS EPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at (time) on. (data) (pages) LNS 0honed to confirm receipt of all pages. at[tlr- 0) forms\advins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT On Thursday, July 7, 2016, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider adopting a resolution of intention to annex territory to an existing Community Facilities District (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 7, 2016, at Lodi, California. ME LA FARRIS DEPUTY CITY CLERK 77 NA\Administration\CLERKTublic Hearings\AFFADAVITS\DECPOST.DOC ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NOTICE IS HEREBY GIVEN that the City Council of the City of Lodi on July 6, 2016, adopted its Resolution No. 2016-122, in which it declared its intention to annex territory to existing Community Facilities District No. 2007-1 (Public Services) (the "CFD"), and to levy a special tax to pay for certain public 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 territory to be annexed, specifies the type of services to be financed, and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD is proposed. For further details, the resolution is available at the office of the City Clerk, Carnegie Forum, 305 W. Pine Street, Lodi, California. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed August 17, 2016, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, at 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 annexation. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. DATED: July 6, 2016 y�. nnifer . FerraioIo City Clerk, City of Lodi CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOBJOHNSON JOANNE MOUNCE ALAN NAKANISHI The Grupe Company 3255 West March Lane, Stockton, CA 95219 Attn: Chris Conklin CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodi.gov Suite 400 August 10, 2016 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Public Hearing to Receive Input and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4); and a Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 4); and Introduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services)(Annexation No. 4) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 17, 2016. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. 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 Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, c, Charl s E. Swimley, Jr. U Public Works Director CES/tdb Enclosure cc: City Clerk please call me at (209) 333-6706. ` Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NO. 1928 PUBLISH QATE; SATURDAY, AUGUST 20, 2016 TEAR SHEETS WANTED: One (1) vlease 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, AUGUST 18, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File R F UFAD> RTIS`EMANT. TifINJ-t Emailed to the Sentinel at dianer@lodinews.com a LNS Phoned to confirm. new N:\Administration\CLERK\OrdSummaries\Advins.doc 1•2.7, ,wrim on CITY OF LODI ORDINANCE NO. 1928 AN UNCODIFIED 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 N.O. 4). The purpose of this ordinance is to levy and apportion the special tax vAthin the territory annexed into the Community Facilities Datrict No. 2007-1 (Public Services), as Annexation No. 4. Introduced August 17, 2016. Adolgon to be considered Se tuber .�$: AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler, NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi August 17, 2016 A certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. �.,DECLARATION POSING ORDINANCE NO. 1928 AN UNCODIFIED 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. 4) On Thursday, August 18, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1928 (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 18, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost.doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk 1EXL%,'d',BiT Al ORDINANCE NO. 1928 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 4) 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. 16.5 (the "Resolution") on August 17,. 2016, 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 apps r ent described therein; and WHEREAS, at an election held in the territory proposed to be annexed to the CFD on August 17, 2016, 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. 156 on August 17, 2016, 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. 4"). NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. Lew of S ectal Tax. Pursuant to Section 53340 of the California Government Code, the special tart is hereby levied for fiscal year 2016-17 at the maximum rates and apportioned in the manner specified in the Resolution. Section 3. Collection -of S eci I Tax. Pursuant to Section 53340 of the California Government Code and the Resolution, the special tax shall be collected in the same manner as ordinaryad valorem property taxes are collected and shall be subject to the same procedure, sale, and lien priority in case ofdelinquency 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 otherwise 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. (o) 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. 5everabil�, If any provision of this ordinance or the application thereof to anyperson 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 uncodified 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 , 2016 MARK CHANDLER Mayor State of California County of San Joaquin, ss. 1, Jennifer M. Ferralolo, City Cierk of the City of Lodi, do hereby certify that uncodified OrdinancRe Na. vas introduced _ata regular meeting of the. City Council of the City Qf Lodi held. August 17, 20163 and was therefore passed, adopted, and ordered to print at a regular meeting of said Council held , 2M. by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — JENNIFER M. FERRAIOLO City Clerk Approved as to Forma JANICE D. MAGDICH City Attorney