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HomeMy WebLinkAboutResolutions - No. 2015-144RESOLUTION NO. 2015-144 A RESOLUTION OF THE LODI CITY COUNCIL CALLING AN ELECTION TO AMEND THE SPECIAL TAX FORMULA WITHIN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) WHEREAS, the City Council (the "City Council") of the City of Lodi (the "City") on ,tune 17, 2015, duly adopted its Resolution 2015-89 (the "Resolution of Consideration") (i) declaring its intention to amend the special tax formula within a portion of its Community Facilities District 2007.1 (Public Services) (the "District") to reduce the special taxes within an area currently ideated within the District referred to herein as "Zone 1", pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and Chapter 3.32 of the City Municipal Code, and (ii) calling a public hearing on the question of an amendment to the special tax formula and reducing the special tax (the "Revised Special Tax") within Zone 1; and WHEREAS, a copy of the Resolution of Consideration incorporating a description and map of the boundaries of Zone 1 stating the services to be provided and setting forth the proposed rate, method.o'f apportionment, and manner of collection of the Revised Special Tax to be levied within Zone 1, in part to finance the cost of the services, is on file with the City Clerk and the provisions thereof, including the map of the boundaries of Zone 1, are fully incorporated herein and made a part hereof; and WHEREAS, pursuant to the Act and the Resolution of Consideration, a noticed public hearing was convened by the City Council on August 5, 2015, at the hour of 7:00 p.m. atthe regular meeting place of the City Council, Carnegie Forum, 305 West Pine Street, Lodi, California, relative to the amendment of the special tax formula and the levy of the Revised Special Tax within Zone 1 of the District; and WHEREAS, at the hearing, the testimony of all interested persons, including all taxpayers, property owners, and registered voters within the District, desiring to be heard on the amendment of the special tax formula and the levy of the Revised Special Tax, or any other matters set forth in Resolution of Consideration was heard and a full and fair hearing was conducted thereon; and WHEREAS, written protests against the amendment of the special tax formula and the levy of the Revised Special Tax have not been filed either by 50 percent or more of the registered voters or six registered voters (whichever is more) residing within the territory of Zone 1 or by the owners of one-half or more of the area of the land within Zone 1 that is not exempt from the Revised Special Tax; and WHEREAS, this City Council finds that there were not twelve or more registered voters who are landowners residing in Zone 1 for each of the ninety days preceding the close of the public hearing; therefore the owners of land in Zone 1 are the qualified electors for the purposes of this election; and WHEREAS, on the basis of all of the foregoing, the City Council has determined that public convenience and necessity require it at this time to create Zone 1, and to submit to the qualified electors of Zone 1 the amendment of the special tax formula within Zone 1 (as such tax is more particularly described in Exhibit A) and the levy of the Revised Special Tax. NOW, THEREFORE, BE IT RESOLVED, THAT THE LODI CITY COUNCIL HEREBY FINDS, DETERMINES, AND ORDERS AS FOLLOWS: Section 1. Recitals. All of the above recitals are true and correct, and the City Council so finds and determines. Section 2. Confirmation of Findin s in Resolution of Consideration. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Consideration. Section 3. No Protests Received. The City Council finds and determines that no written protests to amendment to the special tax formula or the Revised Special Tax were received. Thus, the establishment of Zone 1 and the Revised Special Tax proposed to be levied within Zone 1, as set forth in Exhibit A, have not been precluded by a majority protest pursuant to Government Code Section 53324. Section 4. Finding of P cedu I Re ulari . The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the amendment of the special tax formula and the Revised Special Tax are valid and in conformity with the requirements of the Act. Section 5. Establishment of Zone 1. The zone known and designated as "Zone 1 of the City of Lodi Community Facilities District 2007-1 (Public Services)" is hereby established under and pursuant to the terms and provisions of the Act. Section 6. Boundaries of Zone 1. The boundaries of Zone 1 are set forth in a map on file with the City Clerk. Section 7. Description of Services. A general description of the services is found in Exhibit B. The City Council finds and determines that the services proposed to be financed by the Revised Special Tax are authorized services under the Act and are necessary to meet increased demands placed upon the City as the result of development or rehabilitation occurring in Zone 1. Section 8. Revised Special Tax. The City Council proposes that within Zone 1, except where funds are otherwise available, there will be levied annually the Revised Special Tax in the amount as set forth in Exhibit A which is to be included as a revision to the District's Rate and Method of Apportionment of Special Tax currently in effect within the District. Section 9. Private Leaseholds in Public PM ert. Pursuant to Government Code Section 53340. 1, the Revised Special Tax shall be levied against leasehold or possessory interests in property owned by a public agency, if such leasehold or possessory interest is held by a non-exempt person or entity. Section 10. Tax Roll Prelaaration. The office with responsibility for preparing annually a current roll of special tax levy obligations by assessor parcel number and estimating future special tax levies pursuant to Government Code Section 53340.2 is the Deputy City Manager/Internal Services Director, 221 West Pine Street, Lodi, California, 95240, telephone 209-333-6700. Section 11. Tax Lien. Upon recordation of an amendment to the notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Revised Special Tax shall attach to all non-exempt real property in Zone 1 and this lien shall continue in force and effect until the collection of said tax is terminated by the City Council. Section 12. Election Order. Pursuant to Government Code Sections 53338 and 53326, the City Council hereby orders an election to be held within the boundaries of Zone 1 on IIJ November 18, 2015, and submits to the qualified voters of Zone I the amendmentto the special tax formula and the levy of the Revised Special Tax. As authorized by Government Code Section 53353.5, the questions of amending the special tax formula and levying the Revised Special Tax shall be combined into a single ballot measure, as follows, in substantially final form: Ballot Measure: Shall the City of Lodi Community Facilities District 2007-1 (Public Services) (the "District") be authorized to amend the special tax formula at the rate and apportioned, and levy the YES: Revised Special Tax, all as described in Resolution 2015-89 adopted by the City Council on June 17, 2015, which is incorporated herein by reference, within the territory identified NO: as Zone 1 as defined in the same Resolution? Section 13. Vote Re uired f. Approval. If two-thirds of the votes cast upon the question of amending the special tax formula and levying the Revised Special Tax are in favor of levying the Revised Special Tax, as determined by the City Council after reviewing the canvass of the returns of the combined special election, the City Council may amend the special tax formula and levy the Revised Special Tax within Zone 1 in the amount and for the purposes specified in this resolution. Section 14. Submission of Ballot Proposition. The City Council hereby submits to the landowners within the territory located in Zone 1 at the special election the ballot proposition set forth in this resolution. The City Council hereby authorizes the City Clerk to conduct the election. Section 15. 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 Zone 1 of the District upon close of the protest hearing 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 Zone 1, as provided in Government Code Section 53326(b). (b) Pursuant to Government Code Section 53327.5, the special election shall be conducted as a mailed ballot election. The City Council hereby directs the City Clerk to mail to each landowner in the District a ballot in the form set forth in Exhibit A with return postage prepaid or by personal service to each such landowner, all as provided in Section 53326 of the Act. (c) The City Clerk shall accept the ballots of the landowners up to 4:00 p.m. on the day of the election, whether the ballots be personally delivered or received by mail. The City Clerk shall have available ballots that may be marked at the City Clerk's office on the election day by the voters. Once all qualified electors have voted, the City Clerk may close the election. (d) The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed. At the conclusion of the canvass, the City Clerk shall report the results of the election to the City Council. (e) 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. Section 16. 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 3 shall be deposited; and the City shall prepare a report, as required, pursuant to the requirements of Section 53343.1. Section 17. Filing of Resolgtion MdOiCily Clerk. The City Council hereby directs the City Clerk to file a copy of this Resolution in her office. Section 18. Publication of Resolution. The City Council hereby directs the City Clerk to publish this Resolution as notice of election. Section 19. General Author ation 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, including, without limitation, to prepare and submit for inclusion in the voter information pamphlet an argument in favor of passage of the ballot measure. 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. Dated: August 19, 2015 I hereby certify that Resolution No. 2015-144 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 19, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Non( ATTEST: FERRAIOLO g)N'N'JIF+E ty Clerk 2015-144 4 EXHIBIT A AMENDMENT TO SPECIAL TAX FORMULA IN ZONE 1 CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) 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 "MuitkFamily Property" and "Single Family Property." Capitalized terms not defined in the following amendment shall. have the meanings ascribed to ahem in the RMA. All other sections and terms found in the RMA,. not otherwise in conflict, are unchanged and remain in full effect. Amendment No. 1 City of Lodi Community Facilities District No. 2007-1 (Public Services) for Zone 1 only C. MAXIMUM SPECIAL TAS 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 2415-2016. Beginning July 1, 2016 and each July 1 thereafter, the Maximum Special Tarin 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. A-1 EXHIBIT B Description of Services (a) Police protection services, including, but not limited to, criminal justice services. However, criminal justice services shall be limited to providing services forjails, 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. WE