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HomeMy WebLinkAboutAgenda Report - December 18, 2019 G-01AGENDA ITEM Crrv or Loor CouNcrl, CotvtMUNICATToN 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. 9); 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. 9); and lntroduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No.9) MEETING DATE: December 18,2019 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. 9); 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. 9); 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. 9). BACKGROUND INFORMATION: The resolution, if adopted by the City Council, will begin the process to annex five parcels (to be subdivided into a total of 161 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 027-400-200, 027-400-230, 027-310-08, 027-410-01, and 033-040-17 . 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. (d) Flood and storm protection seryices, including, but not limited to, the operation and maintenance of storm drain ê s, and protection systems APPROVED: G-f TM K:\WP\DEV_SER\ Community Facilities District 2007-1\Annexation No. g\C_PH_Annex_g.doc Manager 12t3t2019 Public Hearing to Receive lnput and Consider Adopt¡ng a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax W¡thin the Area Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 9); 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) (Annexat¡on No. 9); and lntroduce an Uncodifìed Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facil¡ties District No. 2007-1 (Public Services) (Annexation No. 9) December 18, 2019 Page 2 (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 spec¡al taxes may not be prepaid. The specialtax 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 $88,000. FUNDING AVAILABLE: Not applicable Charles E. Swimley, Jr Public Works Director cES/LC/rdb Attachments cc: Lyman Chang, Deputy Public Works Director/City Engineer Janice D. Magdich, City Attorney Andrew Keys, Deputy City Manager Assistant Engineer Kiriu Rose Gate 2-Lodi, LLC DM Squared Homes, lnc. 1 164 Lower Sac, LLC 1458 lris, LLC K:\WP\DEV_SER\ACommunity Facilities District 2007-1\Annexation No. 9\C PH Annex g.doc 121312019 TALVAERASUBDIVISION02731008 ROSE GAT E2 UNIT 102740001 ROSE GAT E2 UNIT 102740002 INTERLAKENSUBDIVISION02741001 IRIS DRIVESUBDIVISION03304017 © OpenStreetMap (and) contributors, CC-BY-SA µATTACHMENT ACFD 2007-1Annexation No. 9Vicinity Map Path: K:\WP\DEV_SERV\Community Facilities District 2007-1\Annexation No. 9\CFD2007-1 Annex Map.mxd Legend CFD2007-1 Annex 9 1 inch = 1,000 feet Communities Facilities District 2007-1 (Public Services) Annexation No. 9 Item G-1 December 18, 2019 Annexation No. 9 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. 9) -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. 9) -Introduce an uncodified ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Annexation No. 9) Questions? DECLARATI OF POST¡NG ORDINANCE NO. I974 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOÐI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO coMMUNtTy FACtLtTtES D|STR|CT NO. 2007-1 (pUBL|C SERVTCES) (ANNEXATTON NO. e) On Thursday, December 19, 2019, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1974 (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 December 19, 2019, at Lodi, California. ORDERED BY JENN¡FER M. FERRAIOLO CITY CLERK Pamela M. Farris Assistant City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost. doc [Ï-\.¡Y l,l fl f i . i''i. (:Ë"' \i' E ,[¡ r' ,.'..' ]i i¡ 11t-¡'tì ü¡Lll¡ f.t ORDINANCE NO. 1974 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 (puBllc SERV|CES) (ANNEXATTON NO. e) 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. 2019-283 (the "Resolution") on December 18,2019, 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 tó the method of apportionment described therein; and WHEREAS, at an election held in the territory proposed to be annexed to the CFD on December 18,2019, the qualified electors of such territory authorized the levy of the special tax described in the Resolution; and WHEREAS, the City Councilduly adopted Resolution No.2019-2S4onDecember 18, 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. g',). 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 2020t21 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 billthe 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 othenruise determined appropriate by the City. Section 4. Çlaims 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)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 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 othenuise imposed by law. Section 6. Severability. lf any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not atfect 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. ln 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). Approved this _ day of _,2020 DOUG KUEHNE Mayor Attest PAMELA M. FARRIS Assistant City Clerk 2 State of California County of San Joaquin, ss l, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that uncodified Ordinance No. 1974 was introduced at a regular meeting of the City Council of the City of Lodi held December 18,2019, and was thereafter passed, adopted, and ordered to print at a regular meeting ofsaidCouncilheld-,2020,bythefollowingvote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further certify that Ordinance No. 1974 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. PAMELA M, FARRIS Assistant City Clerk Approved as to Form JANICE D. MAGDICH City Attorney By: aJ Pleus e immediutely contirm receipt of thís _fux by cøIling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-I9IO ADVERTISING INSTRUCTIONS SUBJECT: PUBLISH DATE: SUMMARY OF ORDINANCES NO. I974 NO. I975 SATURDAY, DECEMBER 21 ,2019 T -GAL AD TEAR SHEETS WANTED: One (l) please SEND AFFIDAVIT AND BILL TO: LNS ACGT.#5100152 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: ORDERED BY: PAMELA M. FARRI ASSISTANT CITY CLERK THURSDAY, DECEMBER 19, 2019 JENNIFER M. FERRA¡OLO CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOAI! Emailed to the Sentinel at legals@lodinews.com at l4 on N :\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. I974 AN UNCODIFIED ORD¡NANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES D¡STRICT NO. 2007-'l (PUBLIC SERVICES) (ANNEXATION NO. 9). 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. 9. lntroduced December 18,2019. Adoption to be considered Januarv 15. 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: Johnson. ORDINANCE NO. I975 AN ORDTNANGE OF THE LOD| C|TY COUNCTL AMENDTNG LOD! MUNTCTPAL CODE T|TLE 6 - ANIMALS - BY REPEALING AND RE.ENACTING CHAPTER 6.08, "PROHIBITED ANIMALS," lN ITS ENTIRETY. The purpose of this ordinance is to allow residents to possess female ducks and quail, in addition to chicken hens, lntroduced December 18,2019. Adoption to be considered January 15, 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: Johnson. Pamela M. Farris, Assistant City Clerk City of Lodi Ðecember 18,2019 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.