HomeMy WebLinkAboutResolutions - No. 2018-24RESOLUTION NO. 2018-24
A RESOLUTION OF THE CITY COUNC¡L OF THE CITY OF LODI
DECLARING ITS INTENTION TO ANNEX TERRITORY TO
coMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
AND TO LEVY A SPECIAL TAX TO PAY FOR
CERTAIN PUBLIC SERVICES AND CALLING A PUBLIC HEARING
(Annexation No.6)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the
"Act"), the City Council (the "City Council") of the City of Lodi (the "City_), ol AOrj! 4,2007 approved
Resolution No. 2007-59 estabjishing the City of Lodi Community Facilities District No.2007-1
(Public Services) (the "CFD"); and
WHEREAS, the City Council called a special election for April 11, 2007, at which the
questions of levying a special tax and establishing an appropriations limit with respect to the CFD
were submitted to the qualified electors within the CFD; and
WHEREAS, on May 2,2OO7,the City Council adopted Resolution No. 2007-82 determining
the results of the special election and finding that more than twothirds (2/3) of all votes cast at the
special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council has determined, because of the proposed development of
certain property within the City, to initiate proceedings for the annexation of such property to the
CFD in accordance with the Act.
NOW, THEREFORE BE lT RESOLVED by the City Council of the City of Lodi that:
Section 1. Description of Territorv to be Annexed. Public convenience and necessity
require, and this City Council proposes and intends, that the City annex certain territory to the CFD.
Thà territory to be annexed is described in a map entitled "Annexation Map No. 6 Community
Facilities oiitr¡ct No. 2007-1 (public Services), City of Lodi, San Joaquin County, State of California"
which is on file with the City Clerk. The City Clerk is hereby authorized and directed to endorse the
certificates set forth on tñe map and to record the map in accordance with the provisions of
Section 3111 of the Streets and Highways Code of the State of California.
Section 2.of Territory lncluded in Exi CFD. The boundaries of the
territory currently included in the CFD are described (i)in a map entitled "Amended MaP of
Community Facilities District No. 2007 -1 (Public Services),City of Lodi, County of San Joaquin,"
recorded on April 19, 2007 in Book 5 of Assessment Maps at Page 13 in the Office of the
San Joaquin County Recorder; (ii) in a map entitled "Annexation Map No. 1 Community Facilities
District No. 2007-1 (Public Services), City of Lodi,San Joaquin County, State of California"
recorded on June 25, 2014 in Book 6 of Assessment Maps at Page 54 in the Office of the
San Joaquin County Recorder; (iii) in a map entitled "Annexation Map No.2 Community Facilities
District No. 2007-1 (Publi c Services), City of Lodi, San Joaquin County, State of California" on file
with the City Clerk and reco rded in the Office of the San Joaquin County Reco rder; (iv) in a map
entitled "Annexation Map No. 3 Community Facilities District No. 2007-1 (Public Services), City of
Lodi, San Joaquin County, State of Californ ia" recorded on September 29, 2015 in Book 6 of
Assessment Maps at Page 69 on file with the City Clerk and recorded in the Office of the
San Joaquin County Recorder; (v) in a map entitled "Annexation Map No. 4 Community Facilities
District No. 2007-1 (public Services), City of Lodi, San Joaquin County, State of California"
recorded on July 20, à016, in Book 6 of Assèssment Maps at Page 87 on file with the City Clerk and
recorded in the
-Otf¡ce
of the San Joaquin County Recorder; and (vi) in a map entitled "Annexation
Map No. S Community Facitities Distiict No. 2007-1 (Public Services), City of Lodi, San Joaquin
Coünty, State of Califórnia" recorded on March 1,2017, in Book 6 of Assessment Maps at Page 93
on f¡leï¡tn the City Clerk and recorded in the Office of the San Joaquin County Recorder.
Section 3. Specification of the Tvpe of Services Provided. The type of services to be
providedintheterrito@xedtotheCFDistheSameasthatprovidedinthe-
bxisting cFD and "r" ,iorä particularly describ_ed in. Exhibit A attached hereto. The cost of
providiñg Services includes "incidental expenses,"which include costs associated with the creation
bt tne Diãtrict, determination of the amount of special taxes, collection or payment of special taxes,
or costs otherwise incurred in order to carry out the authorized purposes of the District. The
services authorized to be financed by the CFD are in addition to those currently provided in the
territory of the CFD and do not supplant services already available within that territory.
Section 4. Plan for Providinq Services. The public services that are financed by taxes
collected in the CfO wltt Oe prwideO to residents of the current CFD and residents of the territory
proposed to be annexed on the same basis'
Section S. Specification of Special Taxes to be Levied. Excep! where funds are
otherwise available, a spec¡at tax suff¡c¡e.nt to pay for all services (including incidental expenses) to
bè provided in or ior tire territory to be annexed and secured by a continuing lien against all
non'"*"rpt real property in the CFD will be annually levied within the territory proposed to be
annexed io the Cro. rnê rate, method of apportionment, and manner of collection of such special
tax is set forth in Exhibit B hereto (the "special Tax Formula"). For purposes of the Special Tax
Formula, the territory proposed to be annexed to the CFD will be designated as Annexation No. 6.
Section 6. No Alterat¡on of the SpecialTax Levied in the Existinq Cpmmunitv Fa9ilitles
District. The City Counc¡t Ooes not propose to alter the special tax rate levied within the existing
CFD as a result of the proposed annexation'
Section 7. Public Hearino. The City Council hereby fixes 7:00 p.m., or as soon
thereafter as practicable, on Wednesday, April 4, 2018, at the regular meeting place of- the
ciiy council, iarnegie Fórum, 30S West Þine Street, Lodi, California, as the time and place for a
puntic hearing on the annexation of territory to the CFD'
Section g. Notice of Hearinq. The City Council directs the City Clerk to publish a notice
of the hearing, in suOstããGttffie torrn attached hereto as Exhibit C, once not laterthan seven days
prior to the dãie fixed for the hearing, in a newspaper of general circulation published in the area of
the CFD.
Section g. Effective Date. This Resolution shall take effect immediately upon its
passage.
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2
I hereby certify that Resolution No. 2018-24 was passed and adopted by the Lodi City
Council in a regular meeting held February 21,2018, by the following vote:
AYES: COUNCILMEMBERS- Chandler, Johnson, Kuehne, Mounce, and
Mayor Nakaníshi
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
c2\lp¿L
ATTEST
Alan Nakanishi, Mayor
APPROVED AS TO FORM:
Magdich, City AttorneYCity Clerk
2018-24
J
EXHIBIT A
DESCRIPTION OF SERVIGES
(a) police protection services, including, but not limited to, criminal justice services.
However,'criminaljustice 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.
(0 lncidental services associated with the creation of the District, determination of the
amount'óf special taxes, collection or payment of special taxes, or costs othenrise incurred in order
to carry out the authorized purposes of the District.
t644772.1 11233-042 A-1
EXHIBIT B
RATE AND METHOD OF APPORT¡ONMENT
16M772.1 11233-042 B-1
Crrv or LooI
CouivruNrrv F,tcrr,rrrns Drsrnrcr No. 2007-l
(Punuc Snnvrcns)
Rlrr aNo MntHoD oF AppoRtloNMENT (RMA) or Spncrll T¡'x
A Special Tax applicable to each Assessor's Parcel in Community Facilities District (CFD) No.
2007-l (Public Services) shall be levied and collected according to the tax liability determined by the
City Council acting in its capacity as the legislative body of CFD No. 2007-1, through the
application of the appropriate Special Tax rate, as described below. All of the property in the CFD,
unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to
the extent, and in the manner herein provided, including property subsequently annexed to the CFD
unless a separate RMA is adopted for the annexation area.
A. DEF'INITIONS
The terms hereinafter set forth have the following meanings:
,,Accessory Dwelling Unit" means a second residential unit of limited size (i.e., granny cottage,
second unit) that shares a Parcel with a Single Family Unit.
"Administrative Expensest'means any or all ofthe following: the expenses ofthe City in carrying
out its duties for the CFD, including, but not limited to, the levy and collection of the Special Tax,
the fees and expenses ofits counsel, charges levied by the County, and all other costs and expenses
of the City in any way related to the establishment or administration of the CFD.
"Administrator" means the person(s) or firm designated by the City to administer the Special Taxes
according to this RMA.
ttAssessorts Parceltt or otParceltt means a lot or parcel shown in an Assessor's Patcel Map with an
assigned Assessor's Parcel number.
'rAssessor's Parcel Map" means an official map of the County Assessor designating parcels by
Assessor's Parcel number.
"Authorized Services" means the public services authorized to be funded by the CFD as set forth in
the documents adopted by the City Council when the CFD was formed.
íCFD No. 2007-1" or "CFD" means the City of Lodi Community Facilities District No. 2007-1
(Public Services).
*City" means the City of Lodi.
"City Council" means the City Council of the City of Lodi.
"Count¡/" means the County of San Joaquin.
1261686.t 11233-039
City of Lodi CFD No. 2007-I I
,,X'iscal Year" means the period starting on July 1 and ending on the following June 30.
,,Maximum Special Tax" means the maximum Special Taxes determined in accordance with
Section C below that can be levied on Single Famity Property and Multi-Family Property in any
Fiscal Year.
,rMulti-Family property" means, in any Fiscal Year, all Parcels in the CFD for which final building
permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to
January 1,2015, for construction of Multi-Family Units.
(Multi-Family Unit" means an individual residential unit within a structure with three or moÍe
residential units that share a single Assessor's Parcel number, all ofwhich are offered for rent to the
general public and cannot be purchased by individual homebuyers. Residential units located above
ðommercial establishments that are available exclusively for rent and cannot be purchased by
individual owners shall also be characterized as Multi-Family Units for purposes of this RMA.
úrRlllA'' means this Rate and Method of Apportionment.
o,single Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final
building permit inspections were conducted prior to January 1 ofthe preceding Fiscal Year, but not
prior to January 1,2015, for construction of Single Family Units.
,,Single Family Unit" means an individual single family detached residential unit or an individual
residèntial unit within a half-plex, duplex, triplex, fourplex, townhome, condominium, or other
structure with attached residential units that are available for sale to individual buyers, whether or
not such a unit is ultimately offered for rent by an individual buyer. For-sale residential units located
above commercial establishments shall also be categorizedas Single Family Units for purposes of
this RMA.
o,special Tax" means any tax levied within the CFD to pay the Special Tax Requirement.
,,Special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for the
following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure
any delinquencies in the payment of Special Taxes which have occurred or, based on delinquency
rates in prior y"urs ,nãy be expected to occur in the Fiscal Year in which the tax will be collected.
,oTaxable Properfy" means both Single Family Property and Multi-Family Property.
B.DATA F'OR AI, TAX LEVY
Each Fiscal Year, the Administrator shall identiff the current Assessor's Parcel number for all
Parcels of Taxable Property within the CFD. The Administrator shall also determine the number of
Single Family and Multi-Family Units built or to be built on each Parcel of Taxable Property by
referencing the building permit, condominium plan, apartment plan, site plan, or other development
plan for the property.
In any Fiscal Year, if it is determined that (i) a parcel or subdivision map for a portion of property in
the CFD was recorded after January I ofthe preceding Fiscal Year (or any other date afterwhichthe
Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of
1261686.1 11233-039
City of LodÌ CFD No. 2007-I ,
the date the parcel or subdivision map was recorded, the Assessor does not yet recognize the new
parcels
"..ut.d by the parcel or subdivision map, and (iii) one or more ofthe newly-created Parcels
meets the definition oiTaxable Property, the Administrator shall calculate the Special Tax for the
property affected by recordation of the parcel or subdivision map by determining the Special Tax
ittuf uppti"s separately to each Parcel of Taxable Property, then applying the sum of the individual
SpeciJ Taxesìo the original Parcel that was subdivided by recordation of the parcel or subdivision
map.
C. MAXIMUM SPECIAL TAX
rn"vtacelsofTaxablePropertywithintheCFDshallbe$500per
Single Famity Unit an¿ $145.83 per Multi Family Unit for Fiscal Year2015-2016' Beginning July
t,lOrcand each July I thereafter, the Maximum Speciat Tax in effect in the prior Fiscal Year shall
be increased by two percent (2%).
D. METHOD OF LEVY AND COLLECTION OF SPECIAL IAX
Ea"h fisca Veut, ttt" Spe"ial Tax shall be levied proportionately on each Parcel of Taxable Property
in the CFD up to 100%o of the Maximum Special Tax determined pursuant to Section C above until
the total amount levied is equal to the Special Tax Requirement for the Fiscal Year.
The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary
ad valãrem property taxes provided, however, that the City may (under the authority of Govemment
Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to
meet CFD No. 2007-1 financial obligations, and the Special Tax shall be equally subject to
foreclosure if delinquent.
E. LIMITATIONS
Notwitnstanding any other provision ofthis RMA, no Special Tax shall be levied on Parcels within
the CFD that are not Single Family Property or Multi-Family Property. Furthermore, Accessory
Dwelling Units shall not be counted in determining the Special Tax to be levied on the Parcels on
which such units are located.
F. INTERPRETATION OF'SPECIAL TAX F'ORMULA
rnecit@makeminoradministrativeandtechnicalchangestothisdocumerrtthat
do not materially affect the rate and method of apportioning Special Taxes. In addition, the
interpretatio., anà application of any section of this document shall be left to the City's discretion.
Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any
vagueness or ambiguity in this RMA.
t261686.1 t1233-039
City of Lodì CFD No. 2007-1 3
EXHIBIT C
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY
TO AN EXISTING COMMUNITY FACIL¡TIES DISTRICT
NOTTCE tS HEREBY GIVEN that the City Council of the City of Lodi on February 21 ,2018,
adopted its Resolution No. _, in which it declared its intention to annex territory to existing
Community Facilities District No. 2007-1 (Public Services) (the "CFD"), and tolevy a special tax to
pay for ceriain public services, all pursuant to the provisions of the Mello Roos Community Facilities
nci of 1982, ihapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The
resolution describes the territory to be annexed, specifies the type of services to be financed, and
describes the rate and method of apportionment of the proposed special tax. No change in the tax
levied in the existing CFD is proposed. For further details, the resolution is available at the office of
the City Clerk, Carnegie Forum, 305 W. Pine Street, Lodi, California.
NOT¡CE tS HEREBY FURTHER G¡VEN that the City Council has fixed April 4, 2018, at the
hour of 7:00 p.m., or as soon thereafter as the matter may be heard, at the regular meeting place of
the City Council, Carnegie Forum, 305 W. Pine Street, Lodi, California, as the time and place when
and where the City Councilwill hold a public hearing to considerthe annexation. Atthe hearing, the
testimony of all inierested persons for or against the annexation of the territory or the levying of the
special taxes will be heard.
DATED
Jennifer M. Ferraiolo, City Clerk, City of Lodi
t6447',Ì2.t rt233-042 c-1