HomeMy WebLinkAboutAgenda Report - December 2, 2020 I-01AGENDA ITEM 1-01
J"'% CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Ordinance No. 1980 Entitled, "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 (Public Services) (Annexation No. 11)"
MEETING DATE: December 2, 2020
PREPARED BY:
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1980.
BACKGROUND INFORMATION: Ordinance No. 1980 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. 11)," was introduced at the regular City Council meeting of November 18, 2020.
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. Id. 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 § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE
JC/PMF
Attachment
Not applicable.
Not applicable.
�. Jennifer Cusmir
City Clerk
APPROVED:
p en SchWabauir, City Manager
\\cvcfilv01 \administration$Wdministration\CLERK\Council\COUNCOM\Ordinance) . DOC
ORDINANCE NO. 1980
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 (PUBLIC SERVICES)
(ANNEXATION NO. 11)
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 Council duly adopted Resolution No. 2020-275 (the "Resolution") on
November 18, 2020, 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 election held in the territory proposed to be annexed to the CFD on
November 18, 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. 2020-276 on November 18,
2020, 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. 11").
NOW, THEREFORE, BE IT 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 hereby levied for Fiscal Year 2021-22 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 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 shall file 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 Council shall 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 as
to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 6. Severability. If 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)
days after its adoption. In 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).
Attest:
t ,City Clerk
State of California
County of San Joaquin, ss.
Approved this 2nd day of December, 2020
J,
DOUGKcU H N E
Mayor
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1980
was introduced at a regular meeting of the City Council of the City of Lodi held November 18,
2020, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held December 2, 2020, by the following vote:
AYES:
COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne
NOES;
COUNCIL MEMBERS — None
ABSENT:
COUNCIL MEMBERS — Mounce
ABSTAIN:
COUNCIL MEMBERS — None
I further certify that Ordinance No. 1980 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law..,
NIFE CUSMIR
City Clea
/,Approved as to Form:
-J�lNI ED. MAGDICH
City Attorney
2
SIIR_IFCT
PUBLISH DATE:
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUMMARY OF ORDINANCE NO. 1980
SATURDAY, DECEMBER 5, 2020
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, DECEMBER 3, 2020
ORDERED BY: JENNIFER CUSMIR
CITY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
SEND PROOF OFADVERT I Is'MENT. TIL•I NIf 1'OU11
Emailed to the Sentinel at legals@lodinews.com at -Z-vEg, (time) on 1A1. date)
\\cvcfi1v0I\ad ministration$\Adm inistration\CLERK\OrdSummaries\Advins. doe
CITY OF LODI
ORDINANCE NO. 1980
AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND
APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 11). 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. 11.
Introduced November 18, 2020. Adopted December 2, 2020 and effective January 1, 2021.
AYES: Chandler, Nakanishi, and Mayor Kuehne; NOES: None; ABSENT: Mounce.
Jennifer Cusmir, City Clerk
City of Lodi
December 2, 2020
Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1980
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 (PUBLIC SERVICES)
(ANNEXATION NO. 11)
On Thursday, December 3, 2020, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1980 (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 3, 2020, at Lodi, California.
Pamela M. Farris
Assistant City Clerk
ordsummaries\aaDecPost. doc
ORDERED BY:
JENNIFER CUSMIR
CITY CLERK
Kaylee Clayton
Administrative Clerk
ORDINANCE NO. 1980 �� s
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 (PUBLIC SERVICES)
(ANNEXATION NO. 11)
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 Council duly adopted Resolution No. 2020-275 (the "Resolution") on
November 18, 2020, 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 election held in the territory proposed to be annexed to the CFD on
November 18, 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. 2020-276 on November 18,
2020, 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. 11").
NOW, THEREFORE, BE IT 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 hereby levied for Fiscal Year 2021-22 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 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 shall file 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 Council shall 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 as
to provide a basis of civil liability for damages, except as otherwise imposed by law,
Section 6. Severability. If 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)
days after its adoption. In 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).
Attest:
JENNIFER CUSMIR
City Clerk
State of California
County of San Joaquin, ss.
Approved this 2nd day of December, 2020
DOUG KUEHNE
Mayor
I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1980
was introduced at a regular meeting of the City Council of the City of Lodi held November 18,
2020, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held December 2, 2020, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1980 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
JANICE D. MAGDICH
City Attorney
2
JENNIFER CUSMIR
City Clerk