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HomeMy WebLinkAboutAgenda Report - July 17, 2019 I-01AGENDA ITEM I-OI Crrv or Lonr Couxcrr, ConnMUNrcATroN 1M AGENDA TITLE: MEETING DATE: PREPARED BY: Ordinance No. 1962 Entitled, "An 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 (Public Services) (Annexation No. 8)" July 17 , 2019 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1962. BACKGROUND INFORMATION: Ordinance No. 1962 entitled, "An 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 (Public Services) (Annexation No. 8)," was introduced at the regular City Council meeting of June 19,2019. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. ld. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code S 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code S 36937. This ordinance has been approved as to form by the City Attorney FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. nifer M Clerk rrato lo JMF/PMF Attachment APPROVED N \Administration\CLERK\Council\COUNCOM\Ordinancel . DOC , City Manager Pleuse immediøtely conJirm receipt of this .føx by cøllìng 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241.I 91 O ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. 1962SUBJEGT: PUBLISH DATE:SATURDAY, JUNE 29,2019 I -GAL AD TEAR SHEETS WANTED: One (l) please SEND AFFIDAVIT AND BILL TO: LNS AGGT. #OstOO52 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 4ROOF OF AÙVERTTSEMENT. THANK vOA!! Emailed to the Sentinel at legals@lodinews.com at on N :\Administration\CLERK\OrdSummaries\Advins. doc AN UNCODIFIED ORDINANCE APPORTIONING THE SPECIAL CITY OF LODI ORDINANCE NO. I962 OF THE LODI CITY COUNCIL LEVYING ANDTAX IN 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 Community Facilities District No. 2007-1 (Public 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 Cerlified copy of the full text of this ordinanee is available in the office of the Lodi City Clerk. DECLARATION OF POST¡NG ORDINANCE NO. I962 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE GITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO coMMUNtTy FACtLtTtES DISTRICT 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 EXF{[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. 2OO7-1 (PUBLTC SERVTCES) (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, forthe purpose of providing for the financing of cerlain 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 specialtax in territory proposed to be annexed to the CFD at the rate and according to the method of apportionment descriþed 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 No, 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 referred to herein as "Annexation No. 8"). 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, Levy of Special Tax. Pursuant to Section 53340 of the California Government Code, the special tax is hereþy levied for Fiscal Year 2019120 atthe maximum rates and apportioned in the manner specified in the Resolution, Section 3, Collection of Special Tax. Pursuant to Section 53340 of the California Government Code and the Resolution, the special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, that the City may directly bill the speiial tax, may collect special taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as othen¡rise 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 shallfife 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. I (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 Councilshall 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 aô to provide a basis of civil liability for damages, except as othen¡vise 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 óouncil hereby'declares that it would have adopted this Ordinance irrespective of the invalidity of any particuiar portion thereof and intends that the invalid portions should be severed and the balance ôf tne Ordinance be enforced. Section 7. Effective -Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. ln lieu of publication of the full text of the Ordinance within fifteen tt SÍOäVé after its passage, a summary of the Ordinance may be published at least five (S) days pri'or io añO fifteen (15) days after adoption by the City Council, and a certified copy shall Oê postóO 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 2 State of California County of San Joaquin, ss l, Jennifer M. Ferraiolo, City Clerk of the City of Lodí, do hereby certify that uncodified Ordinance No. 1962 was introduced at a regular meeting of the City Counıit of thé City of Lodi held June 19,2019, and was thereafter passed, adopted, and ordered to print at a regulår meeting of said Council held _, 2019, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further certify that Ordinance No. 1962 was approved and signed by the Mayor on the dateof its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved as to Form By JANICE D. MAGDICH City Attorney IJ DECLARATION OF POSTING ORDINANCE NO. I962 AN UNCODIFIED ORDINANCE OF THE CITY GOUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO coMMUNTTY FACTLtTtES D|STRTCT NO. 2007-r (PUBLTC SERVICES) (ANNEXATTON NO. 8) On Thursday, July 18, 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 July 18,2019, at Lodi, California. ORDERED BY JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farrís Deputy City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost. doc 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. 2OO7-1 (puBlrc SERVTCES) (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 certain public services in and for the CFD; and WHEREAS, the City Councilduly adopted Resolution No. 2019-118 (the "Resolution") on June 19, 2019, wherein the City Councilsubmitted the question of levying a specialtax in territory proposed to be annexed to the CFD at the rate and according to the method of apportionment described therein; and WHEREAS, at an election held in the territory proposed to be annexed to the CFD on 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 No. 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 referred to herein as "Annexation No. 8"). 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 2019120 at the maximum rates and apportioned in the manner specified in the Resolution. Section 3. Collection of Special Tax. Pursuant to Section 53340 of the California Government Code and the Resolution, the special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, that the City may directly bill the special tax, may collect special taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City. Section 4. Claims for Refund. Claims for refund of the tax shall com ply 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 tíme period and the claim shall be finally acted upon by the City Council as a prerequisite to bringing suit thereon. 1 State of California County of San Joaquin, ss l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that uncodified Ordinance No. 1962 was introduced at a regular meeting of the City Council of the City of Lodi held June 19,2019, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held July 17 , 2019, by the following vote: AYES COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and Mayor Ghandler NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS - None COUNCIL MEMBERS - None COUNCIL MEMBERS - None I further certify that Ordinance No. 1962 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk ; Approved as to Form JANICE D. MAGDICH City Attorney J (b) (c) (d) Pursuant to Government Code section 935(b), the claim shall be subject to the provisions of Government Code sections 945.6 and g46. 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 as to provide a basis of civil liability for damages, except as othen¡rise imposed by law. Section 6. Severabilitv. lf any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced. Section 7. Effective Date and Publication. This Ordinance shall take effect thirty (30) daysafteritsadoption. lnlieuofpublicationofthefulltextoftheOrdinancewithinfifteen(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). Approved this 17th day of July, 201g MARK CHANDLER Mayor Attest JENNIFER M. FERRAIOLO City Clerk 2 SUBJECT: PUB DATE: CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-I9IO ADVERTISING INSTRUCTI ONS SUMIVIARY OF ORDINANCES NO. 1962 _ NO. I964 SATURDAY, JULY 20,2019 Pleqse ìmmediately confirm receípt thís 3 3 3-6702 LEGAL AD TEAR SHEETS WANTED: One (I) please SEND AFFIDAVIT AND BILL TO: LNS ACGT. #O5IOO52 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 KAYLEE CLAYTON ADMINISTRATIVE CLERK DATED: ORDERED BY PAMELA M. FARRIS DEPUTY CITY CLERK THURSDAY, JULY 18,2019 JENNIFER M. FERRAIOLO CITY CLERK Verify Appearance of this Legal in the News paper - Copy to File SEND PROO OF ADVERTISEMENT. TNANK Yù(III a N:\Administration\ClERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. I962 AN UNCODIFIED ORDINANGE OF THE I.ODI GITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX ¡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 Community Facilities District No. 2007-1 (Public Services) as Annexation No. 8. lntroduced June 19, 2019. Adopted July 17,2019 and effective August 16,2A19. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1963 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE15 BU¡LDINGS AND CONSTRUCTION BY RESCINDING SECTION I5.64.030C,,.DEVELOPMENT IMPACT FUNDS," RELATING TO INTERFUND LOANS IN THE DEVELOPMENT IMPACT FEE FUNDS. The purpose of this ordinance is to make the Lodi Municipal Code consistent with Government Code 66006, relative to interfund loans in the lmpact Mitigation Fee Program. lntroduced July 17, 2019. Adoption to be considered Auqust 7, 2019. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. I964 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNIGIPAL CODE TITLE 2 - ADMINISTRATION AND PERSONNEL - BY ADDING CHAPTER 2.18, "ELECTRONIC F¡L¡NG OF CAMPAIGN DISCLOSURE STATEMENTS,'' RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS. The purpose of this ordinance is to permit the use of an online filing system for Fair Political Practices Commission campaign disclosure statements as an option for filing and designating the filings received electronically by the City Clerk's Office as the filings of record for the City. lmplementation of electronic filing will promote transparency and make filing and viewing of data more convenient for committees, individuals, and the public. lntroduced July 17,2Q19. Adoption to be considered Auqust 7. 2019. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi July 17 , 2019 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.