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HomeMy WebLinkAboutResolutions - No. 2015-89RESOLUTION NO. 2015-89 A RESOLUTION OF CONSIDERATION OF THE CITY COUNCIL OF THE CITY OF LODI ADOPTED ON BEHALF OF THE CITY'S COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) PROPOSING AN AMENDMENT TO THE SPECIAL TAX FORMULA, MAKING CERTAIN FINDINGS AND ESTABLISHING A PUBLIC HEARING WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), the City Council (the "Council") of the City of Lodi (the "City"), on February 1, 2007 adopted its Resolution No. 2007-33 (the "Resolution of Intention"): (i) declaring its intention to establish Community Facilities District No. 2007-1 (Public Services) ("CFD 2007-1 ") pursuant to the Act, (ii) proposing to levy a special tax therein for the purpose of providing for the financing of certain services (the "Services"), (iii) declaring its intention to establish an appropriations limit, and (iv) calling a public hearing on the establishment of CFD 2007-1; and WHEREAS, pursuant to the Act, the Council on April 4, 2007 following the public hearing on the establishment of CFD 2007-1, approved Resolution No. 2007-59 (the "Resolution of Formation") forming the City of Lodi Community Facilities District No. 2007-1 (Public Services) and calling an election which was held on April 11, 2007 for the approval of the levy of the special tax and the establishment of an appropriations limit (the "Measure"); and WHEREAS, pursuant to the Act, the Council on July 16, 2014 following the public hearing on the annexation of territory to CFD 2007-1, approved Resolution No. 2014-125 ordering the annexation of territory to CFD 2007-1; and WHEREAS, it is now proposed that the special taxes currently levied in CFD 2007-1 be revised by reducing the special taxes (the "Revised Special Tax") within an area currently located within CFD 2007-1 referred to herein as Zone 1; and WHEREAS, Section 53331 of the Act specifically authorizes the Council, as a part of such election call, to alter the special tax formula levied within CFD 2007-1 by adopting a resolution of consideration; and WHEREAS, the Council now desires to revise the tax formula in the manner described below, to seek voter approval of the proposed Revised Special Tax and the approval of an appropriations limit, as hereinafter set forth. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Lodi, as follows: Section 1. Recitals. The above recitals are true and correct. Section 2. Boundary of Zone 1. The boundaries of Zone 1 are within the territory. described in the map entitled, "Boundary of City of Lodi, Community Facilities District No. 2007-1 (Public Services) - Zone 1" (the "Zone 1 Map") which is filed in the office of the City Clerk. Zone 1 is located within the territory described in the map entitled "Amended Proposed Boundaries of Community Facilities District No. 2007-1 (Public Services)" recorded in Book 5 of Assessment Maps at page 13 in the office of the County Recorder of San Joaquin County and a map entitled "Annexation Map No. 1 Community Facilities District No. 2007-1 (Public Services)" recorded in Book 6 of Assessment Maps at page 54 in the office of the County Recorder of San Joaquin County. The City Clerk is hereby authorized and directed to file the map in her office. The City Clerk is further authorized and directed to record the Zone 1 Map in accordance with the provisions of Section 3111 of the Streets and Highways Code of the State of California as required. Section 3. Public Convenience and Necessity. The Council hereby determines that the public convenience and necessity require altering the special tax formula to be levied by CFD 2007- 1 from that approved in the Resolution of Formation by revising and adding thereto as Amendment 1 in the manner as set forth in the revised tax formula entitled "Rate and Method of Apportionment of Special Tax," as set forth in Exhibit A, attached hereto (the "Revised Special Tax Formula"). Section 4. Purpose of Proposed Change. The purpose of the proposed change is to modify the originally proposed special tax for CFD 2007-1 by reducing the special taxes within an area within CFD 2007-1 to be designated as Zone 1. Section 5. Description of Public Services. The services (the "Services") proposed to be financed by the Revised Special Tax within Zone 1 includes police protection services, fire protection services, maintenance of certain parkways, and hazardous material remediation services within CFD 2007-1 and are included as authorized services under CFD 2007-1. Services include "incidental expenses," which include costs associated with the creation of the District, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the District. Section 6. Levy of Special Taxes. Except where funds are otherwise available, a Revised Special Tax sufficient to pay for the Services, secured by recordation of a continuing lien against all non-exempt real property in Zone 1, shall be levied within Zone 1. The Revised Special Tax is set forth as Amendment 1 to the rate, method of apportionment, and manner of collection of the Revised Special Taxes for CFD 2007-1, which is set forth in the Revised Special Tax Formula. Section 7. Agricultural Land. Pursuant to Government Code section 53325.6 of the Act, the Council hereby finds that land within Zone 1 that is devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products will be benefited by the Services proposed to be provided within Zone 1. Section 8. Public Hearing. The Council hereby fixes August 5, 2015, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, in the regular meeting place of the Council, Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place when and where the Council will hold a public hearing on the Revised Special Tax. At the hearing, the testimony of all interested persons or taxpayers for or against the furnishing of the Services, the levy of the Revised Special Tax will be heard and considered. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. All written protests shall be filed with the City Clerk before the time fixed for the hearing, and any written protests may be withdrawn, in writing, at any time prior to the conclusion of the hearing. Section 9. Publication of Notice of Hearing. The City Clerk shall cause to be published a notice of the hearing once in a newspaper of general circulation within the boundaries of CFD 2007- 1. Publication shall be completed at least seven (7) days prior to the public hearing. Section 10. Content of Notice. Notice of the hearing shall be headed "Notice of Public Hearing," and shall contain: (a) The text or a summary of this resolution; (b) The time and place of the public hearing; (c) A statement that at the hearing the testimony of all interested persons or taxpayers for or against the Revised Special Tax proposed to be incurred will be heard; (d) A description and summary of the effect of protests made by registered voters or landowners against the Revised Special Tax; and (e) A description of the proposed voting procedure. Section 11. Proposed Voting Procedures. If, at the conclusion of the public hearing, the Board finds there are insufficient number of protests, the Board proposes to order an election by mailed ballot and submit the question of the levy of the Revised Special Tax to the qualified electors. Because fewer than twelve registered voters currently reside within Zone 1, the qualified electors shall be the landowners within Zone 1, and each landowner who is the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the proposed Zone 1. Section 12. Effective Date. This resolution shall take effect immediately upon its passage. Dated: June 17, 2015 I hereby certify that Resolution No. 2015-89 was passed and adopted by the City Council of the City of Lodi in a special meeting held June 17, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ATTEST: PAMELA M. FARRIS Deputy City Clerk 2015-89 EXHIBIT A CITY OF NODI COMMUNITY FACILITIES DISTRICT N0.2007-1 (PUBLIC SERVICES) RATE AND METHOD OF APPORTIONMENT (RMA) OF SPECIAL TAX A Special Tax applicable to each Assessor's Parcel in Community Facilities District (CFD) No. 2007-1 (Public Services) shall be levied and collected according to the tax liability determined by the City Council acting in its capacity as the legislative body of CFD No. 2007-1, through the application of the appropriate Special Tax rate, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless a separate RMA is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Accessory Dwelling Unit" means a second residential unit of limited size (i.e., granny cottage, second unit) that shares a Parcel with a Single Family Unit. "Administrative Expenses" means any or all of the following: the expenses of the City in carrying out its duties for the CFD, including, but not limited to, the levy and collection of the Special Tax, the fees and expenses of its counsel, charges levied by the County, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD. "Administrator" means the person(s) or firm designated by the City to administer the Special Taxes according to this RMA. "Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number. "Authorized Services" means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. "CFD No. 2007-1" or "CFD" means the City of Lodi Community Facilities District No. 2007-1 (Public Services). "City" means the City of Lodi. "City Council" means the City Council of the City of Lodi. City of Lodi CFD No. 2007-1 1 January 29, 2007 "County" means the County of San Joaquin. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Taxes determined in accordance with Section C below that can be levied on Single Family Property and Multi -Family Property in any Fiscal Year. "Multi -Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to January 1, 2007, for construction of Multi -Family Units. "Multi -Family Unit" means an individual residential unit within a structure with three or more residential units that share a single Assessor's Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers. Residential units located above commercial establishments that are available exclusively for rent and cannot be purchased by individual owners shall also be characterized as Multi -Family Units for purposes of this RMA. "RMA" means this Rate and Method of Apportionment. "Single Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to January 1, 2007, for construction of Single Family Units. "Single Family Unit" means an individual single family detached residential unit or an individual residential unit within a half-plex, duplex, triplex, fourplex, townhome, condominium, or other structure with attached residential units that are available for sale to individual buyers, whether or not such a unit is ultimately offered for rent by an individual buyer. For -sale residential units located above commercial establishments shall also be categorized as Single Family Units for purposes of this RMA. "Special Tax" means any tax levied within the CFD to pay the Special Tax Requirement. "Special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the tax will be collected. "Taxable Property" means both Single Family Property and Multi -Family Property. B. DATA FOR ANNUAL TAX LEVY Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel number for all Parcels of Taxable Property within the CFD. The Administrator shall also determine the number of Single Family and Multi -Family Units built or to be built on each Parcel of Taxable Property by referencing the building permit, condominium plan, apartment plan, site plan, or other development plan for the property. City of Lodi CFD No. 2007-1 2 January 29, 2007 In any Fiscal Year, if it is determined that (i) a parcel or subdivision map for a portion of property in the CFD was recorded after January 1 of the preceding Fiscal Year (or any other date after which the Assessor will not incorporate the newly -created Parcels into the then current tax roll), (ii) because of the date the parcel or subdivision map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel or subdivision map, and (iii) one or more of the newly -created Parcels meets the definition of Taxable Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel or subdivision map by determining the Special Tax that applies separately to each Parcel of Taxable Property, then applying the sum of the individual Special Taxes to the original Parcel that was subdivided by recordation of the parcel or subdivision map. C. MAXIMUM SPECIAL TAX The Maximum Special Tax for all Parcels of Taxable Property within the CFD shall be $600 per Single Family Unit and $175 per Multi Family Unit for Fiscal Year 2007-08. Beginning July 1, 2008 and each July 1 thereafter, the Maximum Special Tax in effect in the prior Fiscal Year shall be increased by the greater of (i) the increase, if any, in the Local Consumer Price Index for the San Francisco -Oakland -San Jose Area for All Urban Consumers, or (ii) five percent (5%). D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAX Each Fiscal Year, the Special Tax shall be levied proportionately on each Parcel of Taxable Property in the CFD up to 100% of the Maximum Special Tax determined pursuant to Section C above until the total amount levied is equal to the Special Tax Requirement for the Fiscal Year. The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) 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 3 January 29, 2007 Exhibit A The following amendment to be applied to Zone 1 only is proposed to the Rate and Method of Apportionment (RMA) of Special Tax currently in effect within Community Facilities District No. 2007-1 (Public Services) City of Lodi, San Joaquin County, California. This amendment replaces the current version of "Section C. MAXIMUM SPECIAL TAX" as found in the RMA and defined terms "Multi -Family Property" and "Single Family Property". Capitalized terms not defined in the following amendment shall have the meanings ascribed to them in the RMA. All other sections and terms found in the RMA, not otherwise in conflict, are unchanged and remain in full effect. Amendment # 1 City of Lodi Community Facilities District No. 2007-1 (Public Services) for Zone 1 only C. MAXIMUM SPECIAL TAX The Maximum Special Tax for all Parcels of Taxable Property within the CFD shall be $500 per Single Family Unit and $145.83 per Multi Family Unit for Fiscal Year 2015-2016. Beginning July 1, 2016 and each July 1 thereafter, the Maximum Special Tax in effect in the prior Fiscal Year shall be increased by two percent (2%). "Multi -Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to January 1, 2015, for construction of Multi -Family Units. "Single Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to January 1, 2015, for construction of Single Family Units. 11