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HomeMy WebLinkAboutAgenda Report - August 6, 2014 J-01AGENDA ITEM J.OI Crrv or Lou C Ou¡rCrr-, C OVTMUNICATION TM AGENDA TITLE: MEET| NG DATE: August 6,2014 PREPARED BY: City Clerk Ordinance No. 1894 Entitled, "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. 1)" RECOMMENDED ACTION Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1894. BACKGROUND INFORMATION: Ordinance No. 1894 entitled, "An Uncodified Ordinance of the Lodi City Council Levying and Apportioning the SpecialTax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 1)," was introduced at the regular City Council meeting of July 16, 2014. ADOPTTON: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. ld. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code S 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code S 36932 This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT None. FUNDING AVAILABLE: None required J nifer Robison City Clerk Attachment JMR APPROVED N :\Admin istration\CLËRK\Council\COU NCOM\Ord inance 1 . DOC ity Manager ORDINANCE NO. 1894 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. 1) WHEREAS, the City Council of the City of Lodi (the "City Council") has established Community fað¡tit¡es District No. 2007-1 (Public Services) (the "CFD") pursuant to Resolution No. 2OO7-59 (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.2014-81 (the "Resolution") on May 21,2014, 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 apportionment described therein; and WHEREAS, at an election held in the territory proposed to be annexed to the CFD on July 16, Zþl+, 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. 2014-125 on July 16, 2014, 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. 1"). NOW, THEREFORE, BE lT ENACTED by the Lodi City Council: Section 1. Recitats. The foregoing recitals are true and correct. Section 2. Levv of Special Tax. Pursuant to Section 53340 of the California Government Code, the spec¡al tax iJ hereby levied for fiscal year 2014-2015 at the maximum rates and apportioned in the manner specified in the Resolution. Section 3. Gollection of Special 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, sâle, 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 obligations of the CFD or as othenryise determined appropriate by the City. Section 4. C laims r Refund. Claims for refund of the tax shall comply with the following and any additional procedures as establ ished 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 shallfile 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. (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 Mandatorv Dutv 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 othenvise imposed by law. Section 6. Severabilitv. lf 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 Ordinance shalltake effect thirty (30) days after its adoption. The City Council hereby directs the City Clerk to publish the full text of the ordinance within 15 days after its passage, with the names of the City Council members voting for and against the ordinance, pursuant to Government Code section 36933(a). Approved this 6th day of August, 2014 PHIL KATZAKIAN Mayor Attest NIF ROBISON Clerk 2 State of California County of San Joaquin, ss. l, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Uncodified Ordinance No. 1894 was introduced at a regular meeting of the City Council of the City of Lodi held July 16,2014, and was therefore passed, adopted, and ordered to print at a regular meeting of said Council held August 6,2014, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian NOES: ABSENT: ABSTAIN Attorney as to Form COUNCIL MEMBERS - None COUNCIL MEMBERS - None COUNCIL MEMBERS - None NIFER Clerk ROBISON CH J Pleøse immediutely con/irm receipt thís a 3 3 3-6702øxc CITY OF LODI P. O. BOX 3006 LODI, CALIIIORNTA 95241-1 9 1 O ADVERTIS ING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. I894 & 1895SUBJECT: PUBLISH DATE:SATURDAY, JULY 26,2014 T ¡GAL AD TEAR SHEETS WANTED: One (l) please SEND AFFIDAVIT AND BILL TO LNS ACGT. #O5lOO52 DATED: ORDERED BY: TUESDAY, JULY22,2014 JENNIFER M. ROBISON CITY CLERK NIFER ROBISON, CMC CITY CLERK JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1gA ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Faxed to the Sentinel at 369-1084 at âonl (d ate) LNS Phoned to confirm receipt all at _JMR _ES (initials) N :\Adnr inistration\CI-ERK\OrdSunrmarics\Advins.doo CITY OF LODI ORDINANCE NO. I894 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLlc SERVIGES) (ANNEXATION NO. 1). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 1), which incorporates the Rose Gate and Van Ruiten Ranch subdivisions (copy of map on file in the City Clerk's Otfice. lntroduced July 16, 2014. Adoption will be considered ust 6. 2014. AYES: Hansen , Johnson, Mounce, Nakanishi, and Mayor Katzakian; NOES: None ORDINANCE NO. I895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REPEALING AND RE.ENACTING LODI MUNICIPAL GODE TITLE 6 _ ANIMALS - IN ITS ENTIRETY. The purpose of this ordinance is to update the Lodi Municipal Code relating to animals to reflect the evolving challenges faced by the public and Animal Services staff, increase accountability for animal owners, and provide public safety officers the tools needed to protect the community from potentially dangerous animals. lntroduced July 16,2014. Adoption will be cons red Auoust 6. 2014. AYES: Hansen , Johnson, Mounce, Nakanishi, and Mayor Katzakian; NOES: None. Jennifer M. Robison, City Clerk City of Lodi July 16,2014 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. I894 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPEGIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACTLTTTES DTSTRTCT NO. 2007-1(PUBLTC SERVTCES) (ANNEXATION NO. 1) On Tuesday, July 22, 2014, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1894 (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 July 22,2014, at Lodi, California ORDERED BY: JENNIFER M. ROBISON CITY GLERK ifer M son, CMC Elena Stoddard Administrative ClerkCity Clerk ordsummaries\aaDecPost. doc ORDINANCE NO. 1894 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2OO7-1 (PUBLTC SERVICES) (ANNEXATION NO. 1) 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.2014-81 (the "Resolution") on May 21, 2014, 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 apportionment described therein; and WHEREAS, at an election held in the territory proposed to be annexed to the CFD on July 16, 2014, 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. 2014-125 on July 16, 2014, 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. 1"). NOW, THEREFORE, BE lT ENACTED by the Lodi City Council: Section l. Recitals. The foregoing recitals are true and correct. Section 2. Levv of Special Tax. Pursuant to Section 53340 of the California Government Code, the special tax is hereby levied for fiscal year 2014-2015 at the maximum rates and apportioned in the manner specified in the Resolution. Section 3. Collection of Special 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 obligations of the CFD or as othenruise determined appropriate by the City. Section 4. Glaims 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. (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 Mandatorv Dutv 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 otheruise imposed by law. Section 6. Severabilitv. lf 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 Ordinance shalltake effect thirty (30) days after its adoption. The City Council hereby directs the City Clerk to publish the full text of the ordinance within 15 days after its passage, with the names of the City Council members voting for and against the ordinance, pursuant to Government Code section 36933(a). Approved this 6th day of August, 2014 PHIL KATZAKIAN Mayor Attest JENNIFER M. ROBISON City Clerk 2 State of California County of San Joaquin, ss l, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Uncodified OrdinanceNo. lS94wasintroducedataregularmeetingof theCityCouncil of theCity of Lodi held July 16,2014, and was therefore passed, adopted, and ordered to print at a regular meeting of said Council held August6,2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - JENNIFER M. ROBISON City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney 3 @ Pleuse ìmmedíutely contirm receípt of thís "føx by callíng 3 3 3-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-I9IO ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1894,I895, & I896SUBJECT: PUBLISH DATE:SATURDAY, AUGUST 9, 201 4 LEGAL AD TEAR SHEETS WANTED: One (II PIEASE SEND AFFIDAVIT AND BILL TO: LNS ACCT. #O5lOO52 DATED: ORDERED BY THURSDAY, AUGUST 7, 2014 JENNIFER M. ROBISON CITY CLERK NIFER cMc JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTTSEMENT. THANK YOUI! ,'l -l fçon at Faxed to the Sentinel at 369-1084 at Phoned to confirm receipt allLNS N :\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. 1894 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 SERV¡CES) (ANNEXATION NO. l). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 1), which incorporates the Rose Gate and Van Ruiten Ranch subdivisions (copy of map on file in the City Clerk's Office). lntroduced July 1 6, 2014; adopted August 6, 2014; and effective September 5, 2014. AYES: Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian; NOES: None. ORDINANGE NO. I895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REPEALING AND RE.ENACTING LODI MUNIC¡PAL CODE TITLE 6 - ANIMALS - IN ITS ENTIRETY. The purpose of this ordinance is to update the Lodi Municipal Code relating to animals to reflect the evolving challenges faced by the public and Animal Services staff, increase accountability for animal owners, and provide public safety officers the tools needed to protect the community from potentially dangerous animals. lntroduced July 16, 2014', adopted August 6, 2014; and effective September 5, 2014. AYES: Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian; NOES: None. ORDINANCE NO. I896 AN ORDINANCE OF THE LODI CITY GOUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 17.52, "TENTATIVE MAP FILING AND PROCESSING,'' BY REPEALING AND REENACTTNG SECTTON 17.52.120 (BXr), "APPLICATION CONTENT," RELATING TO VESTING TENTATIVE MAPS. The purpose of this ordinance is to require additional information be provided for projects requesting a vesting tentative map in order to determine impacts to City infrastructure and services, as well as requiring the inclusion of construction plans. lntroduced August 6, 2014. Adoption will be considered Auqust 20. 2014. AYES: Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian; NOES: None. Jennifer M. Robison, City Clerk City of Lodi August 7,2014 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. I894 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTION¡NG THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACTLTTTES DTSTRTCT NO. 2007-1(PUBLTC SERVICES) (ANNEXATTON NO. 1) On Tuesday, August 7, 2014, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1894 (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 7, 2014, at Lodi, California ORDERED BY JENNIFER M. ROBISON CITY CLERK M , cMc Elena Stoddard Administrative ClerkClerk F ordsummaries\aaDecPost.doc ORDINANCE NO. 1894 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2OO7-1 (PUBLTC SERVTCES) (ANNEXATTON NO. 1) 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.2014-81 (the "Resolution") on May 21, 2014, 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 apportionment described therein; and WHEREAS, at an election held in the territory proposed to be annexed to the CFD on July 16, 2014, 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. 2014-125 on July 16, 2014, 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. 1"). NOW, THEREFORE, BE lT ENACTED by the Lodi City Council: Section l. Recitals. The foregoing recitals are true and correct. Section 2. Levv of Special Tax. Pursuant to Section 53340 of the California Government Code, the special tax is hereby levied for fiscal year 2014-2015 at the maximum rates and apportioned in the manner specified in the Resolution. Section 3. Gollection of Special 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 obligations of the CFD or as othenrise determined appropriate by the City. Section 4. Glaims 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. (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 Mandatorv Dutv 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 othenrvise imposed by law. Section 6. Severabilitv. lf 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 Ordinance shall take effect thirty (30) days after its adoption. The City Council hereby directs the City Clerk to publish the full text of the ordinance within 15 days after its passage, with the names of the City Council members voting for and against the ordinance, pursuant to Government Code section 36933(a). Approved this 6th day of August,2014 PHIL KATZAKIAN Mayor Attest JENNIFER M. ROBISON City Clerk 2 State of California County of San Joaquin, ss. l, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Uncodified OrdinanceNo. lSg4wasintroducedataregularmeetingof theCityCouncil of theCity of Lodi held July 16,2014, and was therefore passed, adopted, and ordered to print at a regular meeting of said Council held August6,2014, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian NOES: ABSENT: ABSTAIN COUNCIL MEMBERS - None COUNCIL MEMBERS - None COUNCIL MEMBERS - None JENNIFER M. ROBISON City Clerk Approved as to Form JANICE D. MAGDICH City Attorney 3