HomeMy WebLinkAboutAgenda Report - August 19, 2015 J-04AGENDA ITEM J-04
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1911 Entitled, "An 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. 2)"
MEETING DATE:
PREPARED BY:
August 19, 2015
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1911.
BACKGROUND INFORMATION: Ordinance No. 1911 Entitled, "An 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. 2)," was introduced at the regular meeting of August 5, 2015.
ADOPTION: 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. Id. 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 § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE
Not applicable.
Not applicable.
J�Anifer M. Verraiolo
City Clerk
JMF/PMF
Attachment
APPROVE
uer, City Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinance5.DOC
ORDINANCE NO. 1911
AN 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. 2)
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. 2015-133 (the 'Resolution") on
August 5, 2015, 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
August 5, 2015, 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. 2015-134 on August 5, 2015, 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. 2").
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. Levy of Special Tax. Pursuant to Section 53340 of the California Government
Code, the special tax is hereby levied for fiscal year 2015-16 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 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.
(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 6. No Mandatory Duly 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. Severability. 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 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).
Attest:
1 � 1•
4N/VI F�E R . FERRAIOLO
ty Clerk
State of California
County of San Joaquin, ss.
Approved this 19th day of August, 2015.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1911 was
introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015, and was
thereafter passed, adopted and ordered to print at a regular meeting of said Council 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 — None
I further certify that Ordinance No. 1911 was approved and signed by the Mayor on the date of its
passage and the same has been published pursuant to law.
C4v'�N�I`FR FERRAIOLO
Clerk
r. e�d as, to Form:
JANICE D. MAGDICH
City Attorney
Ira
L.Qay�
SUBJECT:
PUBLISH DATE:
Please immediately confirm receipt
of'this. fax lay calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUMMARY OF ORDINANCE NOS. 1907, 1908, 1909, 1910, 1911, 1912,
AND 1913
SATURDAY, AUGUST 8, 2015
TEAR SHEETS WANTED: One (1) please
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 6, 2015
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELENA STODDARD
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
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CITY OF LODI
ORDINANCE NO. 1907
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 15 — BUILDING AND CONSTRUCTION — BY REPEALING AND RE-ENACTING
CHAPTER 15.65, "SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE,"
IN ITS ENTIRETY. The purpose of this ordinance is to bring the Lodi Municipal Code into
compliance with the recently -approved San Joaquin County Regional Transportation Impact Fee
Program Operating Agreement by clarifying language and definitions, changing the timing of
program fee payments and reporting dates, and modifying project selection criteria. Introduced
July 15, 2015. Adopted August 5, 2015; and effective September 4, 2015. AYES: Chandler,
Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1908
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION. The purpose of this ordinance is
to enter into an agreement between the City and the Reynolds Ranch Subdivision developer in
which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees
according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142
for all units for which building applications are submitted on or after June 17, 2019 or construction
is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adoption to be considered August 19, 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1909
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE ROSE GATE SUBDIVISION. The purpose of this ordinance is to enter
into an agreement between the City and the Rose Gate Subdivision developer in which the
developer agrees to waive the vested right to pay Development Impact Mitigation Fees according
to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units
for which building applications are submitted on or after June 17, 2018 or construction is not
completed by December 17, 2018. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adoption to be considered August 19, 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1910
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE VAN RUITEN RANCH SUBDIVISION. The purpose of this ordinance is
to enter into an agreement between the City and the Van Ruiten Ranch Subdivision developer in
which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees
according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142
for all units for which building applications are submitted on or after June 17, 2019 or construction
is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adoption to be considered August _19. 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1911
AN 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. 2). The purpose of this ordinance is to
levy and apportion the special tax within the territory annexed into the Community Facilities
District No. 2007-1 as Annexation No. 2. Introduced August 5, 2015. Adoption to be considered
August 19, 2015._AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT:
Mayor Johnson.
ORDINANCE NO. 1912
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
12 — STREETS, SIDEWALKS, AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07,
"LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY
RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE
LODI TOURISM BUSINESS IMPROVEMENT DISTRICT. The purpose of this ordinance is to
disestablish the Lodi Tourism Business Improvement District. Introduced August 5, 2015.
Adoption to be considered September 2 2015. AYES: Chandler, Kuehne, Mounce, and
Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1913
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.19, "EXPEDITED
PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS." The purpose
of this ordinance is to create an expedited, streamlined permitting process for small residential
rooftop solar energy systems. Introduced August 5, 2015. Adoption to be considered
August 19. 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT:
Mayor Johnson.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
August 5, 2015
Certified copies of the full text of these ordinances are available in the office of the Lodi City
Clerk.
¢F �¢
U� O
t•. DECLARATION
O `C
7(�Fa�t7
ORDINANCE NO. 1911
AN 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. 2)
On Thursday, August 6, 2015, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1911 (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 6, 2015, at Lodi, California.
Pamela M. Farris
Deputy City Clerk
ord summaries\aaDecPost. doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elena Stoddard
Administrative Clerk
ORDINANCE NO. 1911
AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND e y�-
APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
(ANNEXATION NO. 2)
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. 2015-133 (the "Resolution") on
August 5, 2015, 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
August 5, 2015, 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. 2015-134 on August 5, 2015, 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. 2").
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. Levy of Special Tax. Pursuant to Section 53340 of the California Government
Code, the special tax is hereby levied for fiscal year 2015-16 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 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.
(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 6. No Ma..uatory Duty of Care. This ordinance is n. .otended 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. Severability. 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 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 day of 2015.
BOBJOHNSON
Mayor
Attest:
JENNIFER M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1911 was
introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015, and was
thereafter passed, adopted and ordered to print at a regular meeting of said Council held
, 2015 , by the following vote:
AYES:
COUNCIL MEMBERS —
NOES:
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. 1911 was approved and signed by the Mayor on the date of its
passage and the same has been published pursuant to law.
JENNIFER M. FERRAIOLO
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
Please immediately confirm receipt
of this. fax Uy calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SUMMARY OF ORDINANCE NOS. 1908, 1909, 1910, 1911, 1913,
AND 1914
PUBLISH DATE: SATURDAY, AUGUST 22, 2015
TEAR SHEETS WANTED: One (1) please
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 20, 2015
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELENA STODDARD
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF 0FADVERTTVEA7ENT. TIIANK YOU!?
Emailed to the Sentinel at dianer@lodinews.com at '+ 9 —{time) onI [dated (pages)
LNS Phoned to confirm receipt of all pages at (time) PM ES (initials)
N:\Administration\CLERK\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 1908
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION. The purpose of this ordinance is
to enter into an agreement between the City and the Reynolds Ranch Subdivision developer in
which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees
according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142
for all units for which building applications are submitted on or after June 17, 2019 or construction
is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler,
Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None.
ORDINANCE NO. 1909
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE ROSE GATE SUBDIVISION. The purpose of this ordinance is to enter
into an agreement between the City and the Rose Gate Subdivision developer in which the
developer agrees to waive the vested right to pay Development Impact Mitigation Fees according
to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units
for which building applications are submitted on or after June 17, 2018 or construction is not
completed by December 17, 2018. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler,
Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None.
ORDINANCE NO. 1910
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE VAN RUITEN RANCH SUBDIVISION. The purpose of this ordinance is
to enter into an agreement between the City and the Van Ruiten Ranch Subdivision developer in
which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees
according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142
for all units for which building applications are submitted on or after June 17, 2019 or construction
is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler,
Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None.
ORDINANCE NO. 1911
AN 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. 2). The purpose of this ordinance is to
levy and apportion the special tax within the territory annexed into the Community Facilities
District No. 2007-1 as Annexation No. 2. Introduced August 5, 2015. Adopted August 19, 2015;
and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor
Johnson; NOES: None; ABSENT: None.
ORDINANCE NO. 1913
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
15 - BUILDINGS AND CONSTRUCTION - BY ADDING CHAPTER 15.19, "EXPEDITED
PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS." The purpose
of this ordinance is to create an expedited, streamlined permitting process for small residential
rooftop solar energy systems. Introduced August 5, 2015. Adopted August 19, 2015; and
effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor
Johnson; NOES: None; ABSENT: None.
ORDINANCE NO. 1914
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPTER 17.18 - RESIDENTIAL ZONING DISTRICTS - BY REPEALING AND RE-
ENACTING SECTION 17.18.030, "RESIDENTIAL ZONING DISTRICT LAND USES AND
PERMIT REQUIREMENTS;" AND AMENDING CHAPTER 17.22 - MIXED USE ZONING
DISTRICTS - BY REPEALING AND RE-ENACTING SECTION 17.22.030, "MIXED USE
ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS," IN THEIR ENTIRETY.
The purpose of this ordinance is to amend the Zoning Code to allow transitional and supportive
housing in all zones where residential housing is allowed, subject to the provisions of other laws
or ordinances. Introduced August 19, 2015. Adoption to be considered -September 2, 2015.
AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT:
None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
August 19, 2015
Certified copies of the full text of these ordinances are available in the office of the Lodi
City Clerk.
aF �O
G� d►
itDECLARATION OF POSTING
p �v
ORDINANCE NO. 1911
AN 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. 2)
On Thursday, August 20, 2015, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1911 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
declare under penalty of perjury that the foregoing is true and correct.
Executed on August 20, 2015, at Lodi, California.
,�Q
Pamela M. Farris
Deputy City Clerk
ordsummaries\aaDecPost doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elena Stoddard
Administrative Clerk
ORDINANCE NO. 1911 -JT
®
AN 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. 2)
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. 2015-133 (the "Resolution") on
August 5, 2015, 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
August 5, 2015, 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. 2015-134 on August 5, 2015, 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. 2").
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. 'Levy of Special Tax. Pursuant to Section 53340 of the California Government
Code, the special tax is hereby levied for fiscal year 2015-16 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 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.
(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 6. No M- Jatory Duty of Care. This ordinance is ,. _ 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. Severability. 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 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 19th day of August, 2015.
BOB JOHNSON
Mayor
Attest:
JENNIFER M. FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1911 was
introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015, and was
thereafter passed, adopted and ordered to print at a regular meeting of said Council 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 — None
I further certify that Ordinance No. 1911 was approved and signed by the Mayor on the date of its
passage and the same has been published pursuant to law.
Approved as to Form:
JANICE D. MAGDICH
City Attorney
2
JENNIFER M. FERRAIOLO
City Clerk