HomeMy WebLinkAboutResolutions - No. 2016-122RESOLUTION NO. 2016-122
A RESOLUTION OF THE LODI CITY COUNCIL
DECLARING ITS INTENTION TO ANNEX TERRITORY
(THE VINE SUBDIVISION) TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES) AND TO
LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC
SERVICES AND CALLING A PUBLIC HEARING
(ANNEXATION NO. 4)
WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended
(the "Act"), the City Council (the "City Council") of the City of Lodi (the "City"), on April 4, 2007
approved Resolution No. 2007-59 establishing the City of Lodi Community Facilities District
No. 2007-1 (Public Services) (the "CFD"); and
WHEREAS, the City Council called a special election for April 11, 2007 at which the
questions of levying a special tax and establishing an appropriations limit with respect to the
CFD were submitted to the qualified electors within the CFD; and
WHEREAS, on May 2, 2007, the City Council adopted Resolution No. 2007-82
determining the results of the special election and finding that more than two-thirds (2/3) of all
votes cast at the special election were cast in favor of the proposition presented, and such
proposition passed; and
WHEREAS, the City Council has determined, because of the proposed development of
certain property within the City, to initiate proceedings for the annexation of such property to the
CFD in accordance with the Act.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lodi that:
Section 1. Description of Territory to be Annexed. Public convenience and
necessity require, and this City Council proposes and intends, that the City annex certain
territory to the CFD. The territory to be annexed is described 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" which is on file with the City Clerk. The City Clerk is hereby
authorized and directed to endorse the certificates set forth on the map and to record the map in
accordance with the provisions of Section 3111 of the Streets and Highways Code of the State
of California.
Section 2. Description of Territory Included in Existing CFD. The boundaries of
the territory currently included in the CFD are described (i) in a map entitled "Amended Map of
Community Facilities District No. 2007-1 (Public Services), City of Lodi, County of San Joaquin,"
recorded on April 19, 2007 in Book 5 of Assessment Maps at Page 13 in the Office of the San
Joaquin County Recorder, (ii) in a map entitled "Annexation Map No. 1 Community Facilities
District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California"
recorded on June 25, 2014 in Book 6 of Assessment Maps at Page 54 in the Office of the San
Joaquin County Recorder, (iii) in a map entitled "Annexation Map No. 2 Community Facilities
District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California" on
file with the City Clerk and recorded in the Office of the San Joaquin County Recorder, and (iv)
in a map entitled Annexation Map No. 3 Community Facilities District No. 2007-1 (Public
Services), City of Lodi, San Joaquin County, State of California" recorded on September 29,
2015 in Book 6 of Assessment Maps at Page 69 on file with the City Clerk and recorded in the
Office of the San Joaquin County Recorder.
Section 3. Saecifleation of the Type of Services Provided. The type of services
to be provided in the territory proposed to be annexed to the CFD is the same as that provided
in the existing CFD and are more particularly described in Exhibit A attached hereto. The cost of
providing Services includes "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. The services authorized to be financed by the CFD are in addition to those currently
provided in the territory of the CFD and do not supplant services already available within that
territory.
Section 4. Pian for Providing Services. The public services that are financed by
taxes collected in the CFD will be provided to residents of the current CFD and residents of the
territory proposed to be annexed on the same basis.
Section 5. Specification of Special Taxes to be Levied. Except where funds are
otherwise available, a special tax sufficient to pay for all services (including incidental expenses)
to be provided in or for the territory to be annexed and secured by a continuing lien against all
nonexempt real property in the CFD will be annually levied within the territory proposed to be
annexed to the CFD. The rate, method of apportionment, and manner of collection of such
special tax is set forth in Exhibit B hereto (the "Special Tax Formula"). For purposes of the
Special Tax Formula, the territory proposed to be annexed to the CFD will be designated as
Annexation No. 4.
Section 6. No Alteration of the Special Tax Levied in the Existing Communi
Facilities District. The City Council does not propose to alter the special tax rate levied within
the existing CFD as a result of the proposed annexation.
Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon
thereafter as practicable, on Wednesday, August 17, 2016, at the regular meeting place of the
City Council, Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place for
a public hearing on the annexation of territory to the CFD.
Section 8. Notice of Hearina. The City Council directs the City Clerk to publish a
notice of the hearing, in substantially the form attached hereto as Exhibit C, once not later than
seven days prior to the date fixed for the hearing, in a newspaper of general circulation
published in the area of the CFD.
Section 9. Effective Date. This Resolution shall take effect immediately upon its
passage.
Dated: July 6, 2016
I hereby certify that Resolution No. 2016-122 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 6, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NNIFE FERRAIOLO
City Clerk
2016-122
EXHIBIT A
DESCRIPTION OF SERVICES
The community facilities district is established to finance any one or more of the following
types of services within the District:
(a) Police protection services, including, but not lim[ted ta,;. criminal justice services.
However, criminal justice.ery
sices shall be limited to providing:servicfidr jails, deteritipaf4offities,
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.
(d) Flood and.sCoxf>'ii protwtion services, including, but not limited to, the operation and
maintenance of storm drai't}age: systems, and sandstorm protection systems.
(e) Services with .respect to removal or remedial aetiorkf6r the cleanup of any hazardous
substance released or threatened to be teleas6d.into:0,Le erivirontnent.
(f) Incidental services associated' with the creation of the District, detarmination of the
amount ofspecial.taxes,: eollectian.ox :payment ofspeeial tapes, or costs otherwise incurred in order
to may out the authorlud purposes of the District,
1257105,1 11233-039 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 Speclal Tax applicable to each Assessor's Parcel in Community Facilities District (CM) No -
2007.1 (public
lo,2007.1(public SexvcaM) shall .be Ievied and colledwd Recording to the tax liability.determined
by the City Caune#1 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+ it, 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 TQC; 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.
1261666..1 11233-039
City of Lodl CFD No. 2007-1
"City Council" means the City Council of the City of Lodi.
"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, 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
1261686.1 11233-039
City of Lodi CFD No. 2007-1
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 pared or subdivision reap for a portion of
property in the CFD was recorded after January 1 of the preceding Fiscal Year (or any other date
alter which the Assessor will not incorporate the newly-created Parcels into the then current tax
roll), (ii)-beeause of the, date the parcelDr subdivision map was recorded, the Assessor does not
yet recognize the new Parceis.created Ery the parcel or subdivision map, arid' (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 affceted by recordation of the parcel o subdivision
map by determining, the Special Tax that applies separately to each Parcel of TaxableProperiY,
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. XlhpM 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 201.5-2016. Begiiming
July. 1, 2016 and each July 1 thereafter, the Maximum Special: Tax in effect. in. the prior Fiscal
Year shall be, increased by shall be. increased by two percent (20/0).
D. ME, THGD OF LEVY .. 11D CULLCCTI N QF fiPECIAL TA
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
in if necessary to meet CFD No. 2007-1 financial obligations; and the Special Tax shall be
equally subject to foreclosure if delinquent.
E. UMMATIONS
Notwithstanding any:other provision of this RMA, no Special Tax shall be levied on Parcels
within the CFD that are.not Single Fatnily 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 suer units are located.
F. INTERPRE, ATIGN OF SEE, .L TAX I?ORMULA
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.
1261686.1 11233-039
City of Lodi CFD No. 2007-1
EXHIBIT C
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
K' T.ICE IS HRRFBy GwMN that the City Council of the. City of Lodi on July ,3, 2016,
adopted its Restitution No. 2016" �. in which it declared. its intention to. annex tWitory to existing
Community Facilities DistrictNo; 2tlft7-.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, Divisi6n 2, Title 5 ofthe California Gover=ent Code.
The resolution describes the territory to be annexed, specifies the type ofservices`to.6e finanoed,.and
describes the rate and method of apportionment of the proposed specialtm No..chabge In the tax
levied in the existing CFD is proposed. For further details; the resolution is auailable,atthe officeof
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 ofthe City Caunoil, Catinegie Forum, 305 W. Pine Street, Lodi, California, as thetime
and place when and wherethe-CityFCouneil will hold ad hearing,toeonlsid r the annexation. At
the hearing, the testirnpay ofall interested pmsons.for or against the annexation ofthe tertitory or the
levying of the special taxes will be heard.
DATED:
Jennifer M. Ferraiolo, City Clerk, City of Lodi
12571053 11233-039 C-1