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HomeMy WebLinkAboutAgenda Report - July 15, 2020 G-02 PHAGENDA ITEM G-2 Crrv op Lou CoulvcIr C oruuUNIcATIoN IM AGENDA TITLE: MEETING DATE: PREPARED BY: 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. 10); 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. 10); 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.10) July 15,2020 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. 10); 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. 10); and introduce an uncodified ordinance levying and apportioning the specialtax in territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 10). BACKGROUND INFORMATION: The resolution, if adopted by the City Council, will begin the process to annex six parcels (to be subdivided into a total of 560 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 058-040-01, 058-040-02, 058-040-04, 058-040-05, 058-040-13, and 058-040-14. 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 services, including, but not limited to, the operation and maintenance of storm drainage systems, and sandstorm protection systems. APPROVED: Stephen S uer, City Manager KIWP\DEV-SER\ Community Facilities District No. 1 0\C_PH_Annex_1 0.doc 612312020 Public Hearing to Reôeive lnput and Consider Adopt¡ng a Resolution Calling an Election to Submit to the Qualif¡ed Electors the Questions of LêWing a Special Tax Within the Area Proposed 1o be Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. l0); and a Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Fac¡lities Distr¡ct No. 2007-1 (Public Services) (Annexation No. 10); and lntroduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Commun¡ty Facil¡ties Distr¡ct No. 2007-1 (Public Services) (Annexation No. 10) July 15,2020 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 $5OO tor 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 $330,000. FUNDING AVAILABLE: Not applicable Charles E. Swimley, Jr Public Works Director CES/LCitc Attachments cc: Lyman Chang, Deputy Public Works Director/City Engineer Janice D. Magdich, City Attorney Andrew Keys, Deputy City Manager Assistant Engineer Kiriu Gateway Farms, LLC Blossom Land Company Joey Tamura Trust KtWP\DEV_SER\ACommunity Facilities District 2O07-1\Annexation No. 10\C PH Annex 10.doc 6123t2020 Communities Facilities District 2007-1 (Public Services) Annexation No. 10 Item G-2 July 15, 2020 Annexation No. 10 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. 10) -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. 10) -Introduce an uncodified ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Annexation No. 10) Questions? DECLARATION OF POSTING ORDINANCE NO. I978 AN UNCOD¡F¡ED ORDINANCE OF THE LODI CITY COUNCIL LEVY¡NG AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACTLTTTES DTSTRTCT NO. 2007-1(PUBL¡C SERVTCES) (ANNEXATTON NO. l0) On Thursday, July 16, 2020, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1978 (attached hereto, marked Exhibit "4") 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 16,2020, at Lodi, California ORDERED BY: PAMELA M. FARRIS ASSISTANT C¡TY CLERK Pamela M. Farris Assistant City Clerk Kaylee Clayton Administrative Clerk ordsummaries\aaDecPost.doc ORDINANCE NO. 1978 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 (pUBL|C SERVTCES) ===========================S!5ål3Ii31?=========================== 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, 2OOT , for the purpose of providing for the financing of certain public services in and for the cFD; and WHEREAS, the City Council duly adopted Resolution No. 2020-156 (the "Resolution") on July 1 5,2020, wherein the City Council submitted the question of levying a special tax in terriiory proposed to be annexed to the CFD at the rate and according to the method of apportionmeni described therein; and WHEREAS, at an election held in the terrítory proposed to be annexed to the CFD on July 15, 2020, 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. 2O2O-1S7 on July 1S, ZO2O, 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. 10,,). NOW, ÏHEREFORE, BE lT ENACTED by the City Council of the City of Lodi: section 1. Recitals. The foregoing recitars are true and correct. Section 2. Levy of Special Tax. Pursuant to Section 53340 of the California Government Code, the special tax is hereby levied for fiscal year 2021-22 althe 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 vatorem taxes; provided, however, that the City may directly billthe special tax, may collect specialtaxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as othenryise determined appropriate by the City. Section 4. Cta¡ms for netund. 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 áaim 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 g46. (c) The City Council shall act on a timely claim within the time period required by Government Code section 912.4. (d) The procedure described in this Ordinance, and any additional procedures established by the City Council, shall be the exclusive claims procedure for claimants seeking a refund of the tax. The decision of the City Council'shall bè final. Section 5. No Mandatorv Dutv of Care. This ordinance is not intended to and shallnot be construed or given effect in a manner thát imposes upon the City or rny oti.er or employee thereof a mandatory duty of care towards persons and property within or wúhout the City, so a,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 toany person or circumstances is held invalid, such invalidity shall not affect'other provisions orapplications of the ordinance which can be given effect without the invalid provision or applícatioÀ, and to this end the provisions of this ordinance are severable. This City óouncil hereby'declaresthat it would have adopted this ordinance irrespective of the invalidity of any particuíar portion thereof and intends that the invalid portions should be severed and thã balanóe'of the ordìnance be enforced. Section 7. Effgctive D?te and Publication. This Ordinance shail take etfect thirty (30) days after its adoption. ln lieu of publication of the full text of the ordinance within titteeñ if Sjdays after its passage, a summary of the ordinance may be published at least five (5) Oays jrior to and fiftegn (15) days after adoption by the City Council, and a certified copy shall'b'e póstèO inthe office of the city clerk pursuant to Government code section sog3s(cxi). Approved this _ day of 2020 Attest: JANICE D. MAGDICH City Attorney DOUG KUEHNE Mayor JENNIFER CUSMIR City Clerk ================================================================ State of California County of San Joaquin, ss. l, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1g7gwas introduced at a regular meeting of the city council of the ciiy of too¡ ne¡o July 15, 2020, andwas thereafter passed, adopted, and ordered to print at a reguiar meeting of said Council held ,2020, by the following vote: AYES: COUNCTL MEMBERS - NOES; COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCTL MEMBERS - I further certify that Ordinance No. 1978 was approved and signed by the Mayor on thedate of its passage and the same has been published pursuant to law, JENNIFER CUSMIR City Clerk Approved as to Form: The foregoing document is certilìed to be a coned copy of the orlginal on fìle in the Clty Clerks Of$cs. Pamela M, Farris Assistant City Clerk, tltY of Lodl ) Dated:b/âoa,o @ PIeøs e immedíøtely conJirm receipt of thís.fux by cøIlíng 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNTA 95241-I9IO ADVERTISING INSTRUCTIONS SUBJECT: PUBLISH DATE: SUMMARY OF ORDINANCE NO. 1978 SATURDAY, JULY 18,2020 T -GAL AD TEAR SHEETS WANTED: One (1ì please SEND AFFIDAVIT AND BILL TO: LNS ACGT. #5{OOl52 DATED: ORDERED BY: THURSDAY, JULY 16,2020 PAMELA M. FARRIS ASSISTANT.CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS, ASSISTANT 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 SENÐ PRQOF.O.F AÐVERTISEMENT, THANK YOU|! Ii Emailed to the Sentinel at lega news.com at \\cvcfìlv0l\administration$\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. I978 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILIT¡ES DISTRICT NO. 2007-l (PUBLlc SERVICES) (ANNEXATION NO. l0). 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. 10. lntroduced July 15,2020. Adoption to be considered Auqust 5. 2020. AYES: Chandler, Mounce, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: None. Pamela M. Farris, Assistant City Clerk City of Lodi July 15,2020 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk.