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HomeMy WebLinkAboutAgenda Report - November 18, 2015 I-02TM CITY OF LODI COUNCIL COMMUNICATION 2-2 AGENDA TITLE: Adopt Resolution of Change Declaring Election Results and Introduce Ordinance to Reduce Special Taxes and Annual Index for Community Facilities District No. 2007-1 MEETING DATE: November 18, 2015 PREPARED BY: City Manager RECOMMENDED ACTION: BACKGROUND INFORMATION: Adopt Resolution of Change Declaring Election Results, and introduce ordinance to reduce special taxes and annual index for Community Facilities District No. 2007-1. Council gave staff direction to negotiate a reduction of the special taxes and annual index rate for Community Facilities District No. 2007-1 at its regular meeting on April 15, 2015. Council directed staff to negotiate a waiver of the below described vested rights from the benefitted property owners to develop property under the current Impact Fee Program. On June 17, 2015, Council began the process of levying a reduced Special Tax by adopting a Resolution of Consideration. A public hearing on the matter was held on August 5, 2015. On August 19, 2015 Council adopted a resolution calling an election on the reduction of the special tax for November 17, 2015. The election was held, as scheduled, on November 17 and the City Clerk has canvassed the results. The requested action is that the Council adopt a resolution of change declaring election results, and conduct a first Reading of an ordinance to reduce special taxes and annual index for Community Facilities District No. 2007-1. As discussed on April 15, 2015, the City of Lodi created a Community Facilities District ("CFD") for service in 2007 as a condition of its most recent annexations of Reynolds Ranch, and the Westside and Southwest Gateway Annexations. CFDs for service are relatively new in municipal finance. However, unlike CFDs for infrastructure, CFDs for service fund things such as landscaping and lighting, police and fire services, parks service and other items traditionally funded by the General Fund. At the time, the special tax was set at $600 per year for single family homes and $175 for multi -family units. The special tax is subject to annual indexing of the greater of the Consumer Price Index or 5 percent. The index is applied July 1 of each year. As such, the special tax is currently set at $804 per year and will be $844 per year by the time the first house is occupied. Although total inflation from 2007 to date totals 13 percent (Bureau of Labor Statistics), the minimum inflation factor set by the approved formula has been 40 percent. Although a 5 percent minimum may have been reasonable upon the adoption of the CFD, it is generally understood that the economy did not perform as expected in 2008. It is also worth noting that APPROVED: heric abavter, City Manager the portion of homeowner's property taxes received by the City are approximately $400 per year, less than half of what these new homes will pay in CFD special taxes alone. It should be noted that Rose Gate homes are expected to be priced around $400,000 resulting in about $650 in municipally -directed property taxes. In light of the significant difference between inflation and the minimum escalator, staff believes it is appropriate for the City to consider the developer's request to reduce the special tax and the index rate. Any recognition of the economic disadvantages faced by these projects would be incomplete without addressing the City's current Impact Fee program discounts. As Council is aware, the developers of these projects filed vesting tentative maps that, if extended, could allow many of the currently vested units to develop at $5,940 per unit instead of the program calculated $23,195. Van Ruiten Ranch has 200 vested single-family units plus 88 unvested high-density units; Reynolds Ranch has 227 vested single-family units plus 330 unvested high-density units and Rose Gate has 232 vested single-family units. As Council recalls, the discount program was initiated to spur development for a three-year period. However, the vesting map process could substantially increase that time frame. As such, staff considers it fair to allow units to develop at the discount for limited period to recognize the original intent of the program. Staff negotiated a reduction in CFD special taxes to $500 per single-family unit and $145.83 per multi -family unit and an index reduction to 2 percent per year. Such a change would track the property owners' concurrent Proposition 13 - based property tax increase and also manage to exchange CFD special taxes for the developers' waiver of any rights to the 60 -percent discount for units that do not pull a building permit (and complete construction within six months) within a brief negotiated time frame. The negotiated agreement for Council approval would give Rose Gate three years and Van Ruiten and Reynolds Ranch four years to pull permits under the discounted rate. Thereafter they would develop at then -current rates. The projects are staggered to reflect their relative term to commencement of construction. The following items are recommended as part of this staff report: 1. The City Council consider adoption of a Resolution of Change Declaring the Results of the Election. 2. Conduct a first reading of an Ordinance Levying the Amended Tax. If the above referenced steps are taken, the City Clerk must record an amendment to notice of special tax lien within 15 days of adoption of the Resolution of Change. The City Council will be asked to adopt an Ordinance at its next regularly scheduled meeting. FISCAL IMPACT: Loss of $344 in CFD fees per year per home in the District, and reduction of annual indexing from CPI up to 5 percent to a flat 2 percent. FUNDING AVAILABLE: Not applicable Step en Schwab'- er City Manager RESOLUTION NO. 2015-213 A RESOLUTION OF CHANGE OF THE LODI CITY COUNCIL DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 17, 2015, WITHIN ZONE 1 OF COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) WHEREAS, the City Council on August 19, 2015, duly adopted Resolution No. 2015-144 (the "Resolution"), which ordered an election within Zone 1 of Community Facilities District No. 2007-1 (Public Services) (the "District") on the issue of reducing the special tax within Zone 1; and WHEREAS, pursuant to the terms of the resolution, the special election was held on November 17, 2015, and the City Clerk has duly canvassed the returns of the election as required by the resolution and has filed with the City Council a statement of all votes cast at the election showing the whole number of votes cast in Zone 1 and the whole number of votes cast for and against the measure and also filed, attached to the statement, her certificate as to the correctness of the statement (the "Statement of Election Results"), which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that: 1. Recitals. The foregoing recitals are true and correct. 2. Canvass. The canvass by the City Clerk as shown by the Statement of Election Results is hereby ratified, confirmed, approved, and entered upon the minutes of this meeting. 3. Measure. At the election, the following measure was submitted to the qualified electors of the District: Shall the City of Lodi Community Facilities District No. 2007-1 (Public Services) (the "District") be authorized to amend the special tax formula at the rate and apportioned, and levy the Revised Special Tax, all as described in Resolution No. 2015-89 adopted by the City Council on June 17, 2015, which is incorporated herein by reference, within the territory identified as Zone 1 as defined in the same Resolution? 4. Votes Cast; Election Results. The total number of votes cast in the District at the election was 407. The number of votes cast in favor of the measure was 407 and the number of votes cast against the measure was 0. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed. 1 5. Notice of Amendment to Special Tax Lien. The City Clerk is hereby directed to record an Amendment to Notice of Special Tax Lien with the County Recorder of San Joaquin County, in accordance with the provisions of Section 3117.5 of the California Streets and Highways Code within fifteen (15) days of the adoption of this resolution. Date: November 18, 2015 I hereby certify that Resolution No. 2015-213 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 18, 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: JE /IFER M. RRAIOLO City Clerk xQ,Aft,(iere„ APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney BOB/JOHNSON Mayor 2015-213 2 EXHIBIT A STATEMENT OF ELECTION RESULTS I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi (the "City"), hereby certify that: 1. On November 17, 2015, at City Hall, 221 West Pine Street, Lodi, California, 95240, I canvassed the returns of the election called for November 17, 2015, in Zone 1 of Community Facilities District No. 2007-1 (Public Services) on the following measure: Shall the City of Lodi Community Facilities District No. 2007-1 (Public Services) (the "District") be authorized to amend the special tax formula at the rate and apportioned, and levy the Revised Special Tax, all as described in Resolution No. 2015-89 adopted by the City Council on June 17, 2015, which is incorporated herein by reference, within the territory identified as Zone 1 as defined in the same Resolution? 2. The total number of qualified landowner votes eligible to be cast, the total number of votes actually cast at the election, and the total number of votes cast for and against the measure are set forth below. The totals as shown for and against the measure are full, true, and correct. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed. Qualified Landowner Votes Votes Cast YES NO 523 407 407 0 Dated: November 18, 2015 fin. Jefer M. F aloft) Ci y Clerk, City of Lodi ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89 WHEREAS, the City Council (the "City Council") of the City of Lodi (the "City") has established Community Facilities District No. 2007-1 (Public Services) (the "District") pursuant to Resolution No. 2007-59 (the "Resolution of Formation"), duly adopted on April 11, 2007, for the purpose of providing for the financing of certain services in and for the City; and WHEREAS, the City Council on June 17, 2015, duly adopted its Resolution No. 2015-89 (the "Resolution") (i) declaring its intention to amend the special tax formula within a portion of the District to be referred to as Zone 1 by reducing the special tax (the "Revised Special Tax") within 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, (ii) proposing to levy the Revised Special Tax therein for the purpose of financing certain services as described in the Resolution, and (iii) calling a public hearing on the questions of the establishment of Zone 1, the amendment to the special tax formula, and the levy of the Revised Special Tax within Zone 1; and WHEREAS, at an election held in Zone 1 on November 17, 2015, the qualified electors of Zone 1 authorized the levy of the Revised Special Tax described in the Resolution. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi: Section 1. Recitals. All of the above recitals are true and correct, and the Council so finds and determines. Section 2. Levy of Revised Special Tax. Pursuant to Section 53340 of the Government Code of the State of California and Chapter 3.32 of the City Municipal Code, the Revised Special Tax is hereby levied at the maximum rates and apportioned in the manner specified in the Resolution within Zone 1. Section 3. Collection of Special Tax. Pursuant to Section 53340 of the Government Code of the State of California, the Revised Special Tax shall be collected by the San Joaquin County Tax Collector 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 Revised Special Tax may alternately be billed directly and collected on a different schedule, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City's financial obligations. 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 with the City Clerk no later than one year after the date the tax was paid. The claimant shall file the claim within this time period and the 1 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 Mandatory Duty 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. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: JENNIFER M. FERRAIOLO City Clerk 2 Approved this day of , 2015 BOB JOHNSON Mayor 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. was introduced at a regular meeting of the City Council of the City of Lodi held November 18, 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 — !further certify that Ordinance No. 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: By: JANICE D. MAGDICH City Attorney 3 JENNIFER M. FERRAIOLO City Clerk I- 2 RESOLUTION NO. 2015- A RESOLUTION OF CHANGE OF THE LODI CITY COUNCIL DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 17, 2015, WITHIN ZONE 1 OF COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) WHEREAS, the City Council on August 19, 2015, duly adopted Resolution No. 2015-144 (the "Resolution"), which ordered an election within Zone 1 of Community Facilities District No. 2007-1 (Public Services) (the "District") on the issue of reducing the special tax within Zone 1; and WHEREAS, pursuant to the terms of the resolution, the special election was held on November 17, 2015, and the City Clerk has duly canvassed the returns of the election as required by the resolution and has filed with the City Council a statement of all votes cast at the election showing the whole number of votes cast in Zone 1 and the whole number of votes cast for and against the measure and also filed, attached to the statement, her certificate as to the correctness of the statement (the "Statement of Election Results"), which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that: 1. Recitals. The foregoing recitals are true and correct. 2. Canvass. The canvass by the City Clerk as shown by the Statement of Election Results is hereby ratified, confirmed, approved, and entered upon the minutes of this meeting. 3. Measure. At the election, the following measure was submitted to the qualified electors of the District: Shall the City of Lodi Community Facilities District No. 2007-1 (Public Services) (the "District") be authorized to amend the special tax formula at the rate and apportioned, and levy the Revised Special Tax, all as described in Resolution No. 2015-89 adopted by the City Council on June 17, 2015, which is incorporated herein by reference, within the territory identified as Zone 1 as defined in the same Resolution? 4. Votes Cast; Election Results. The total number of votes cast in the District at the election was 407. The number of votes cast in favor of the measure was 407 and the number of votes cast against the measure was 0. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed. 1 5. Notice of Amendment to Special Tax Lien. The City Clerk is hereby directed to record an Amendment to Notice of Special Tax Lien with the County Recorder of San Joaquin County, in accordance with the provisions of Section 3117.5 of the California Streets and Highways Code within fifteen (15) days of the adoption of this resolution. Date: November 18, 2015 I hereby certify that Resolution No. 2015- was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 18, 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney 2015- 2 BOB JOHNSON Mayor EXHIBIT A STATEMENT OF ELECTION RESULTS I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi (the "City"), hereby certify that: 1. On November 17, 2015, at City Hall, 221 West Pine Street, Lodi, California, 95240, I canvassed the returns of the election called for November 17, 2015, in Zone 1 of Community Facilities District No. 2007-1 (Public Services) on the following measure: Shall the City of Lodi Community Facilities District No. 2007-1 (Public Services) (the "District") be authorized to amend the special tax formula at the rate and apportioned, and levy the Revised Special Tax, all as described in Resolution No. 2015-89 adopted by the City Council on June 17, 2015, which is incorporated herein by reference, within the territory identified as Zone 1 as defined in the same Resolution? 2. The total number of qualified landowner votes eligible to be cast, the total number of votes actually cast at the election, and the total number of votes cast for and against the measure are set forth below. The totals as shown for and against the measure are full, true, and correct. More than two-thirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed. Qualified Landowner Votes Votes Cast YES NO 523 407 407 0 Dated: November 18, 2015 Jennifer M. Ferraiolo City Clerk, City of Lodi Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: 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) PUBLISH DATE: SATURDAY, AUGUST 29, 2015 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, AUGUST 20, 2015 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK V29.6ilifit4e)c) PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File LNS Emailed to the Sentinel at dianer@lodinews.com at 3 :/6 (time) on .O (date) Phoned to confirm receipt of all pages at (time) S PAF (initials) (pages) forms\advins.doc RESOLUTION 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 June 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 located 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 of 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. at the 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 the 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 Findings 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 Procedural Regularity. 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 Property. 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 Preparation. 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 November 18, 2015, and submits to the qualified voters of Zone 1 the amendment to 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 Required for 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 Resolution with City 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 Authorization 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 — None ATTEST: JENNIFER M. FERRAIOLO City Clerk BOB JOHNSON Mayor 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 "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 No. 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 priorto January 1 of the preceding Fiscal Year, but not priorto 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 priorto 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 for jails, 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. B-1 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1917 and 1918 PUBLISH DATE: SATURDAY, NOVEMBER 21, 2015 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 19, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK rI_ fid ' 1 ,z PAMELA M. ARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at dianer@lodinews.com at 1019i 0 (time) on i 1/0/1..5 (date) (pages) LNS Phoned to confirm receipt of all pages at (time) _PMF ES (initials) N:\Ad ministration\CLERK\Ord Summaries\Advins. doc CITY OF LODI ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.04, "SERVICE GENERALLY," AND CHAPTER 13.08, "WATER SERVICE," IN THEIR ENTIRETY. The purpose of this ordinance is to update code sections to reflect current practice related to implementation of the Water Meter Program and to clean up language as appropriate. Introduced November 4, 2015. Adopted November 18, 2015, and effective December 18, 2015. AYES: Chandler, Kuehne, Nakanishi and Mayor Johnson; NOES: Mounce; ABSENT: None. ORDINANCE NO. 1918 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89. The purpose of this ordinance is to reduce the special taxes and annual index for Community Facilities District No. 2007-1. Introduced November 18, 2015. Adoption to be considered December 2, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi November 18, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1918 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89 On Thursday, November 19, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1918 (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 November 19, 2015, at Lodi, California. ORDERED BY: izR'rkze_la , JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Elena Stoddard Deputy City Clerk Administrative Clerk ords ummaries\aaDecPost. doc ORDINANCE NO. 1918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89 WHEREAS, the City Council (the "City Council") of the City of Lodi (the "City") has established Community Facilities District No. 2007-1 (Public Services) (the "District") pursuant to Resolution No. 2007-59 (the "Resolution of Formation"), duly adopted on April 11, 2007, for the purpose of providing for the financing of certain services in and for the City; and WHEREAS, the City Council on June 17, 2015, duly adopted its Resolution No. 2015-89 (the "Resolution") (i) declaring its intention to amend the special tax formula within a portion of the District to be referred to as Zone 1 by reducing the special tax (the "Revised Special Tax") within 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, (ii) proposing to levy the Revised Special Tax therein for the purpose of financing certain services as described in the Resolution, and (iii) calling a public hearing on the questions of the establishment of Zone 1, the amendment to the special tax formula, and the levy of the Revised Special Tax within Zone 1; and WHEREAS, at an election held in Zone 1 on November 17, 2015, the qualified electors of Zone 1 authorized the levy of the Revised Special Tax described in the Resolution. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi: Section 1. Recitals. All of the above recitals are true and correct, and the Council so finds and determines. Section 2. Levy of Revised Special Tax. Pursuant to Section 53340 of the Government Code of the State of California and Chapter 3.32 of the City Municipal Code, the Revised Special Tax is hereby levied at the maximum rates and apportioned in the manner specified in the Resolution within Zone 1. Section 3. Collection of Special Tax. Pursuant to Section 53340 of the Government Code of the State of California, the Revised Special Tax shall be collected by the San Joaquin County Tax Collector 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 Revised Special Tax may alternately be billed directly and collected on a different schedule, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City's financial obligations. 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 with the City Clerk no later than one year after the date the tax was paid. The claimant shall file the claim within this time period and the 1 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 Mandatory Duty 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. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: JENNIFER M. FERRAIOLO City Clerk 2 Approved this day of , 2015 BOB JOHNSON Mayor 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. 1918 was introduced at a regular meeting of the City Council of the City of Lodi held November 18, 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. 1918 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: By: JANICE D. MAGDICH City Attorney 3 JENNIFER M. FERRAIOLO City Clerk