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HomeMy WebLinkAboutAgenda Report - June 19, 2019 G-04 PHAGENDA ITEM G-04 APPROVED: _________________________________________ Stephen Schwabauer, City Manager K:\WP\DEV_SERV\Community Facilities District 2007-1\Annexation No. 8\C_PH_Annex_8.doc 6/12/2019 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Receive Input and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007- 1 (Public Services) (Annexation No. 8); and a Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8); and Introduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8) MEETING DATE: June 19, 2019 PREPARED BY: Public Works Director RECOMMENDED ACTION: Public hearing to receive input and consider adopting a resolution calling an election to submit to the qualified electors the questions of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8); and a resolution declaring the results of the special election and ordering the annexation of territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8); and introduce an uncodified ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8). BACKGROUND INFORMATION: The resolution, if adopted by the City Council, will begin the process to annex three parcels (to be subdivided into a total of 235 single- family lots), into the City of Lodi Community Facilities District No. 2007-1 (Public Services) (CFD). The boundary of the annexation is shown in Attachment A and includes APN 058-140-12, 058-140-14, and 058-140-52, located on Lower Sacramento Road, north of Century Boulevard. Approved tentative map conditions required the private landowners to cooperate in the annexation of those parcels into the CFD, the purpose of which is to offset a portion of the costs caused by new developments. The resolutions are provided in Attachment B that call for the annexation election and declare the election results. The uncodified ordinance is provided in Attachment C that levies and apportions the special tax within the territory to be annexed. The public services to be funded by the CFD are described below. (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, public masonry wall, and open space. AGENDA ITEM Crrv or Loor CouNcrl, CovrMUNrcATroN AGENDA TITLE:Public Hearing to Receive lnput and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007- 1 (Public Services) (Annexation No. 8); and a Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8); and lntroduce an Uncodified Ordinance Levying and Apportioning the SpecialTax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8) [,|EET|NG DATE: June 19,2019 PREPARED BY: Public Works Director RECOMMENDED AGTION: Public hearing to receive input and consider adopting a resolution calling an election to submit to the qualified electors the questions of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8); and a resolution declaring the results of the special election and ordering the annexation of territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8); and introduce an uncodified ordinance levying and apportioning the specialtax in territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 8). BACKGROUND INFORMATION: The resolution, if adopted by the City Council, will begin the process to annex three parcels (to be subdivided into a total of 235 single- family lots), into the City of Lodi Community Facilities District No. 2007-1 (Public Services) (CFD). The boundary of the annexation is shown in Attachment A and includes APN 058-140-12,058-140-14, and 058-140-52,located on Lower Sacramento Road, north of Century Boulevard. Approved tentative map conditions required the private landowners to cooperate in the annexation of those parcels into the CFD, the purpose of which is to offset a portion of the costs caused by new developments. The resolutions are provided in Attachment B that call for the annexation election and declare the election results. The uncodified ordinance is provided in Attachment C that levies and apportions the special tax within the territory to be annexed. The public services to be funded by the CFD are described below (a) Police protection services, including, but not limited to, criminaljustice 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, public masonry wall, and open space. APPROVED G-4 TM K:\WP\DEV_SER\ Community Facilities District 2007-1\Annexation No. en uer, City Manager 61512019 Public Hear¡ng to Receive lnput and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Fac¡lit¡es District No. 2007-1 (Public Services) (Annexation No. 8); and a Resolution Declaring the Results of the Spec¡al Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Serv¡ces) (Annexation No. 8); and lntroduce an Uncodified Ordinance Levying and Apport¡oning the Special Tax in Terr¡tory Annexed to Commun¡ty Facilities Distr¡ct No. 2007-1 (Public Services) (Annexat¡on No. 8) June 19,2019 Page2 (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. The special tax formula entitled "Rate and Method of Apportionment, and Manner of Collection of Special Tax" is included in the resolution calling for the election contained in Attachment B. The special tax provides for an annual tax of $500 for single-family units (increased two percent per year) and $145 for multi-family units (increased two percent per year). Certain properties, such as governmental property and undeveloped property, are not subject to the special tax program. The special taxes may not be prepaid. The special tax shall be levied in perpetuity. The City Clerk will open the election and then present the results of landowner ballots after adoption of the resolution calling for the election. Following this, the City Council will consider the resolution declaring the results of the election. The ordinance levying and apportioning the special tax will then be introduced. FISCAL IMPACT:The public services and administration of the CFD shall be paid from the special taxes collected within the CFD. The developer has paid the City for all costs to establish the CFD. The estimated annual revenues at buildout of these projects will amount to approximately $130,000. FUNDING AVAILABLE: Not applicable arles E.ley Jr Public Works Director cES/LC/tdb Attachments cc: Lyman Chang, Deputy PublicWorks Direc-tor/City Engineer Janice D. Magdich, City Attorney Andrew Keys, Deputy City Manager Assistant Engineer Kiriu K. Hovnanian Homes K:\WP\DEV_SER\ACommunity Facilities District 2007-1lAnnexation No. 8\C_PH_Annex_8.doc 6t5t2019 RESOLUTTON NO. 2019-1 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTIONS OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FAC|LtTlES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATTON NO. 8) WHEREAS, on April 4,2007, the City Council (the "City Council") of the City of Lodi (the "City"), approved Resolution No. 2007-59 establishing Community Facilities District No. 2007-1 (Public Services) (the "CFD") 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, for the purpose of providing for the financing of certain public services (the "Services") described in Exhibit A hereto; and WHEREAS, at a special election held on April 1 1,2007 , more than two{hirds of the votes cast were in favor of the levy of a special tax and the establishment of an appropriations limit, all as determined by the City Council in Resolution No. 2007-82, duly adopted on May 2,2007; and WHEREAS, the City Council on May 1,2019, duly adopted Resolution No. 2019-69 (the "Resolution of lntention") declaring its intention to annex certain territory to the CFD and to levy a special tax within that territory to pay for the Services and setting a public hearing on the proposed annexation for June 19,2019; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. I Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California" a copies of which is on file with the City Clerk and have been recorded in the office of the San Joaquin County Recorder on June 5,2019, in Book 6 of Assessment Maps, at Page 154; and WHEREAS, the City Council convened a public hearing on Wednesday, August 1 , 2018, at 7:00 p.m., at the regular meeting place of the City Council, Carnegie Forum, 305 W. Pine Street, Lodi, California, at which hearing all persons interested, including all taxpayers, property owners and registered voters within the CFD and the territory proposed to be annexed, were given an opportunity to appear and be heard on the proposed annexation of territory to the CFD and the levy of special taxes within the territory proposed to be annexed; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (112) or more of the area within the CFD, or by the owners of one-half (112) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined to call an election to authorize the annexation of territory to the CFD and the levying of a special tax as described in Exhiþit B hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election, NOW, THEREFORE, BE lT RESOLVED by the City Council of the City of Lodi that: Section 1. Recitals. All of the above recitals are true and correct, and the City Council so finds and determines. Section 2. Confirmation of Findinqs in Resolution of lnte¡lton. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of lntention Section 3. Findinq Reqardinq Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. Section 4. Findinq Reqardinq Prior Proceedinos. The City Councilfinds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to the CFD are valid and in conformity with the requirements of the Act. Section 5. Tax Lien. Upon recordation of an amended notice of specialtax lien pursuant to Sections 3117.5 and 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the territory proposed to be annexed and this lien shall continue in force and effect until the collection of the tax is terminated by the City Council. Section 6. Call a,nd Order of Election. The City Council hereby calls and orders a special election to be held on Wednesday, June 19,2019 ("election day"), at which election the question of levying the specialtax within the territory proposed to be annexed shallbe submitted to the qualified electors of the territory proposed to be annexed. The terms of the measure are described in this Resolution. The abbreviated form of the statement of the ballot measure is set forth in Exhibit C hereto and is incorporated herein by reference. Section 7. Vote Required. lf the proposition on the question of levying the special tax within the territory proposed to be annexed receives the approval of more than two{hirds (213) of the votes cast on the proposition, then the territory proposed to be annexed will be added to and þecome part of the CFD with full legal effect and the City Council will be authorized to levy the special tax within the annexed territory. Section 8. Submission of Ballot Proposition. The City Council hereby submits to the landowners within the territory proposed to be annexed to the CFD at the special election the ballot proposition set forth in Section 6 of this resolution. The City Council hereby authorizes the City Clerk to conduct the election. Section 9. Conduct of Election. The specialelection shall be held and conducted, the returns canvassed, and the results ascertained and determined, as herein provided: (a) All owners of land within the territory proposed to be annexed to the CFD upon the date of the special election shall be qualified to vote upon the measure submitted at the 2 special election. Each landowner shall have one vote for each acre or portion thereof that she, he, or it owns within the territory proposed to be annexed to the CFD, as provided in Government Code section 53326(b). (b) Pursuant to Government Code section 53327, the special election shall be conducted as a mailed ballot election, in accordance with the provisions of Sections 4100-4108 of the Elections Code, There shall be no polling places for the special election. (c) The City Clerk is authorized to mail to each landowner in the territory proposed to be annexed to the CFD a ballot in the form set forth in Exhibit C hereto. (d) Each voter desiring to vote in favor of the measure to levy a special tax shall mark an "X" or a check mark in the voting square opposite the word 'YES.' To vote against the measure, the voter shall mark an "X" or a check mark in the voting square opposite the word "NO.' (e) The City Clerk shall accept the ballots of the landowners up to five minutes following the adoption of this resolution by the City Council. The City Clerk shall have available ballots that may be marked at the City Clerk's office on the election day by voters. Once allqualified electors have voted, the City Clerk may close the election. (0 The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed at the City Clerk's office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (g) The City Councilshall declare the results of the specialelection 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. (h) The City Council ratifies the City Clerk's mailing of the ballots in advance of the call of the election, Section 10. 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. 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, confírmed, and approved in all respects. Section 11. Accountabilitv Measures. Pursuant to Section 50075.1 of the California Government Code, the City has created a separate account into which the specialtax proceeds shall be deposited; and the City shall prepare a report, as required, pursuant to the requirements of Section 53343, 1 and shall post said report, as required, pursuant to the requirements of Section 53343 2. Section 12. CEQA Compliance. The City Council hereby determines that the annexation of territory to the CFD is not a project as defined under the provisions of the California Environmental Quality Act ("C.E.Q.4.") pursuant to Section 15378 of the C.E.Q.A. guidelines and directs the City staff to file a notice of exemption with San Joaquin County. J Section 13 passage. Effective Date, This resolution shall take effect immediately upon its Dated: June 19,2019 I hereby certify that Resolution No. 2019-118 was passed and adopted by the Lodi City Council in a regular meeting held June 19,2019, by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Mayor Chandler ABSTAIN: COUNCIL MEMBERS - None )'vt, NIFER Clerk oLo 2019-118 4 EXHIBIT A List of Authorized Services (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. (f) lncidentalservices associated with the creation of the District, determination of the amount of special taxes, collection or payment of special taxes, or costs othenryise incurred in order to carry out the authorized purposes of the District. A-l EXHIBIT B Crrv or Loor CourvruHrtv Frctures DtsrRrcr No. 2007-l (PuBLrc Senvrces) Rere Rruo Mernoo or AppoRïoNMENT (RMA)oF SpeclRt- Ttx A Special Tax applicable to each Assessor's Parcel in Community Facilities District (CFD) No. 20Q7-1(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 forthe purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless a separate RMA is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Accessory Dwelling Unit" means a second residential unit of limited size (i.e., granny cottage, second unit)that shares a Parcel with a Single Family Unit. "Administrative Expenses" means any or all of the following: the expenses of the City in carrying out its duties for the CFD, including, but not limited to, the levy and collection of the SpecialTax, the fees and expenses of its counsel, charges levied by the County, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD. "Administrator" means the person(s) or firm designated by the City to administer the Special Taxes according to this RMA. "Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number, "Authorized Services" means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. "CFD No. 2007-1" or "CFD" means the City of Lodi Community Facilities District No. 2007-1 (Public Services). "City" means the City of Lodi "Gity Council" means the City Council of the City of Lodi "County" means the County of San Joaquin "Fiscal Year" means the period starting on July 1 and ending on the following June 30. B-l "Maximum Special Tax" means the maximum Special Taxes determined in accordance with Section C below that can be levied on Single Family Property and Multi-Family Property in any Fiscal Year. "Multi-Family Property" means, in any Fiscal Year, all Parcels in the CFD for which final building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to January 1,2015, for construction of Multi-Family Units. "Multi-Family Unit" means an individual residential unit within a structure with three or more residential units that share a single Assessor's Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers. Residentialunits located above commercial establishments that are available exclusively for rent and cannot be purchased by individual owners shall also be characterized as Multi-Family Units for purposes of this RMA. rrRMA" means this Rate and Method of Apportionment. "single Family Property" means, in any Fiscal Year, all Parcels in the CFD forwhich final building permit inspections were conducted prior to January 1 of the preceding Fiscal Year, but not prior to January 1,2015, for construction of Single Family Units. "single Family Unit" means an individual single family detached residential unit or an individual residential unit within a half-plex, duplex, triplex, fourplex, townhome, condominium, or other structure with attached residential units that are available for sale to individual buyers, whether or not such a unit is ultimately offered for rent by an individual buyer. For-sale residential units located above commercial establishments shall also be categorized as Single Family Units for purposes of this RMA "special Tax" means any tax levied within the CFD to pay the Special Tax Requirement. "special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any delinquencies in the payment of SpecialTaxes which have occurred or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the tax will be collected. "Taxable Property" means both Single Family Property and Multi-Family Property. B. DATA FORANNUALTAX LEVY Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel number for all Parcels of Taxable Property within the CFD. The Administrator shall also determine the number of Single Family and Multi-Family Units built or to be built on each Parcel of Taxable Property by referencing the building permit, condominium plan, apartment plan, site plan, orotherdevelopment plan for the property. ln 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 1 of the preceding Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel or suþdivision map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel or subdivísion map, and (iii) one or more of the newly-created Parcels meets the definition of Taxable Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel or subdivision map by determining the Special Tax that applies separately to each Parcel of Taxable Property, then applying the Sum B-2 of the individual Special Taxes to the original Parcel that was subdivided by recordation of the parcel or subdivision map. C. MAXIMUM SPECIAL TAX The Maximum Special Tax for all Parcels of Taxable Property within the CFD shall be $500 per SingleFamilyUnitand$l45.33perMultiFamilyUnitforFiscalYear20lS-2016. BeginningJulyl, 2016 and each July 1 thereafter, the Maximum Special Tax in effect in the prior Fiscal Year shall be increased by two percent (2%). D. METHOD OF LEVYAND CTION OF SPECIAL TAX Each Fiscal Year, the Special Tax shall be levied proportionately on each Parcel of Taxable Property in the CFD upto 100% of the Maximum Special Taxdetermined pursuantto Section C above until the total amount levied is equal to the Special Tax Requirement for the Fiscal Year. The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet CFD No, 2007-l financial obligations, and the Special Tax shall be equally subject to foreclosure if delinquent. E. LIMIT TIONS Notwithstanding any other provision of this 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 SPEC¡AL TAX FORMULA The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. ln addition, the interpretation and application of any section of this document shall be left to the City's discretion. lnterpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA. B-3 EXHIBIT C OFFICIAL BALLOT SPECIAL TAX ELECTION CITY OF LODI ANNEXATION OF TERRITORY TO COMMUNITY F ILITIES D¡STRICT NO. 2OO7.I IPUB LIC SERVIC ES (June 19, 2019) Number of votes entitled to cast: 43 INSTRUCTIONS TO VOTERS: To vote on the measure, mark an (X) or a check mark in the voting square after the word "YES" or after the word "NO.' All marks othenruise made are forbidden. All distinguishing marks are forbidden and make the ballot void. lf you wrongly mark, tear or deface this ballot, return it to the City Clerk, 221 West Pine Street, Lodi, California 95240, to obtain another. MEASURE SUBMITTED TO VOTE OF VOTERS Ballot Measure: "Shall the City of Lodi Community Facilities District No. 2007-l (Public Services) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to Resolution No. 2019-69 adopted by the City Council of the City of Lodi on May I , 2019, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No. 8 Community Facilities District No, 2007- I (Public Services), City of Lodi, San Joaquin County, State of California?" YES NO: tr n NOTE: This is a special landowner election. We request that you return this ballot to the City Glerk, City of Lodi, to her office at 221 West Pine Street, Lodi, California 95240, by 4:00 p.m. on June 18, 2019, and no later than five minutes following the City Gouncil's adoption of the Resolution Calling the Election on June 19, 2019. c-l RESOLUTTON NO. 2019-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON WEDNESDAY, JUNE 19,2019, AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2OO7-1 (PUBLTC SERVTCES) (ANNEXATTON NO. 8) WHEREAS, in proceedings heretofore conducted by the City Council (the "City Council") of the City of Lodi (the "City"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), the City Council on June 19,2019, adopted Resolution No. 2019-118, which resolution called a special election within the territory proposed to be annexed to the City's Community Facilities District No. 2007-1 (Public Services) (the "CFD"); and WHEREAS, pursuant to the terms of the resolution, the special election was held on June 1 9,2019, and the City Clerk has duly canvassed the returns of the election and has filed with the City Council a statement of all votes cast at the election showing the whole number of votes cast within such territory and the whole number of votes cast for and against the measure in such territory and also filed, attached to the statement, her certificate as to the correctness of the statement (the "Statement of Election Results"), a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE lï RESOLVED by the City Council of the City of Lodi that: Section 1. Approval of 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. Section 2. Statement of the Measure. At the election, the following measure was submitted to the qualified electors of the territory proposed to be annexed to the CFD and the number of votes cast for and against the measure was as follows: BALLOT MEASURË TotalVotes "Shallthe City of Lodi Community Facilities District No. 2007-1 (Public Services) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to Resolution No. 2019-69 adopted by the City Council of the City of Lodi on May 1 , 2019, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No. 8 Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California?" YES: NO 43 0 Section 3. Votes Cast. The total number of votes cast in the territory proposed to be annexed to the CFD at the election was 43. Section 4. Measure Passed. More than two{hirds of all the votes cast at the election on the measure were in favor of the measure and the measure passed. Section 5. Validitv of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act. Section 6. Order of Annexation. The City Council hereby determines and orders thatthe territory proposed to be annexed to the CFD is added to and part of the CFD with full legal effect. Section 7. Amendment to Notice of Special Tax Lien. The City Clerk is hereby directed to record an amendment to the Notice of Special Tax Lien with the San Joaquin County Recorder, in accordance with the provisions of Sections 3114.5 and 31 17.5 of the California Streets and Highways Code within fifteen (15) days of the adoption of this resolution. Dated: June 19,2019 I hereby certify that Resolution No. 2019-119 was passed and adopted by the Lodi City Council in a regular meeting held June 19,2019, by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, and Nakanishi NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Mayor Chandler ABSTAIN: COUNCIL MEMBERS - None ¡¡,1ãarra,.(¡ NNIFER FERRAIOLO ity Clerk 2019-119 2 EXHIBIT A STATEMENT OF ELECTION RESULTS l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi (the "City"), hereby certify that 1. OnJune 19,2019,al221WestPineStreet, Lodi,California, lcanvassedthereturns of the election called for June 19,2019, in the territory proposed to be annexed to 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) be authorized to levy a special tax for the purpose and at the rate and apportioned as described in Exhibits A and B to Resolution No. 2019-69 adopted by the City Council of the City of Lodi on May 1 , 2019, which resolution is incorporated herein by reference, within the territory identified on a map entitled "Annexation Map No. I Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California?" 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{hirds 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 43 43 43 0 Dated: June 19,2019 nifer M iolo City Clerk A-1 Communities Facilities District 2007-1 (Public Services) Annexation No. 8 Item G-4 June 19, 2019 Annexation No. 8 Recommended Action •Conduct Public Hearing to receive input and consider the following: - Adopt a resolution calling for election to submit to the qualified electors the questions of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2007- 1 (Annexation No. 8) - Adopt a resolution declaring the results of the special election and ordering the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 8) - Introduce an uncodified ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Annexation No.8) Questions? Pleøse immediutely conJirm receipt o thís ux cølli s 3 3-6702 SUBJECT: PUBLISH DATE: CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVBRTIS ING INSTRUCTIONS SUMMARY OF ORDINANCE NO. I962 SATURDAY, JUNE 29,2019 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFF¡DAVIT AND BILL TO: LNS AGCT. #0510052 DATED: ORDERED BY MONDAY, JUNE 24, 2019 JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O, Box 3006 Lodi, CA 95241-1910 KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File sENp ryROOF OF AUVERTISEMENT. THANK vOU!! Emailed to the Sentinel at legals@lodinews.com at on N :\Admin istration\CLERK\OrdSummaries\Advins.doc AN UNCODIFIED ORDINANCE APPORTIONING THE SPECIAL CITY OF LODI ORDINANCE NO. 1962 OF THE LODI CITY COUNCIL LEVYING ANDTAX ¡N TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1(PUBLIC SERVICES) (ANNEXATION NO. 8). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Communíty Facilities District No, 2007-1 (Publíc Services) as Annexation No. B. lntroduced June 19,2019. Adoption to be considered Julv 17, 2019. AYES: Johnson, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT; Mayor Chandler. Jennifer M, Ferraiolo, City Clerk City of Lodi June 19,2019 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATIO OF POSTING ORDINANCE NO. I962 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO coMMUNTTY FACtLtTtES DISTR|CT NO. 2007 -1 (pUBL|C SERVTCES) (ANNEXATTON NO.8) On Monday, June 24, 2019, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1962 (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 June 24,2019, at Lodi, California. ORDERED BY JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Deputy City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost. doc EXþ{[tsIT A ORDINANCE NO. 1962 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO, 2007.1 (puBLrc SERV|cES) (ANNEXATTON NO. 8) 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 cedain public services in and for the CFD; and WHEREAS, the City Council duly adopted Resolution No. 2019-1 18 (the "Resolution") on June 19,2019, 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 eleetion held in the territory proposed to be annexed to the CFD on June 19,2019, 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 N0. 2019-119 on June 19,2019, wherein the City Council determined that the territory proposed to be annexed was added to the CFD (such territory being refeired to herein as "Annexation No. B"). NOW, THEREFORE, BE lT ENACTED by the City Council of the City of Lodi: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. Levv of Special Tax.Pursuant to Section 53340 of the California Government Code, the special tax is hereby levied for Fiscal Year 2019t20 althe maximum rates and apporlioned 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 billthe specialtax, may collect specialtaxes 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 shallfile the claim within this time period and the claim shall be finally acted upon by the City Council as a prerequisite to bringing suit thereon. (b) (c) Pursuant to Government code section 935(b), the claim shall be subject to the provisions of Government Code sections 945.6 and 94G. The city council shall act on a timely claim within the time period required by Government Code section 912.4. 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 Councilshall be final. Section 5. No Mandatorv Dutv of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so ai to provide a basis of civil liability for damages, except as othenruise imposed by law. Section 6. Severabilitv. lf any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby'declares that it would have adopted this Ordinance irrespective of the invalidity of any particu[ar portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced. Section 7. Effective Ðate and Puþlication. This Ordinance shall take effect thirty (30) days after its adoption. ln lieu of publication of the fulltext of the Ordinance within fifteen (tsidayé after its passage, a summary of the Ordinance may be published at least five (S) days prior io añO fifteen (15) days after adoption by the City Council, and a certified copy shall Oe þostêd in the office of the City Clerk pursuant to Government Code section 36g33(c)(1) Approved this dåy of _,2019 MARK CHANDLER Mayor Attest JENNIFER M. FERRAIOLO City Clerk (d) 2 State of California County of San Joaquin, ss. l, Jennifer M. Feraiolo, City Clerk of the City of Lodi, do hereby certify that uncodified Ordinance No. 1962 was introduced at a regular meeting of the City Counóil of thé City of Lodi heldJune 19,2019, and was thereafter passed, adopted, añd orderedto print at a regulår meeting ofsaid Council held _, 2Q19, by the following vote: AYES: COUNCTL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCTL MEMBERS - ABSTAIN: COUNCTL MEMBERS - I further certify that Ordinance No. 1962 was approved and signed by the Mayoron the dateof 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 By: 3