HomeMy WebLinkAboutResolutions - No. 2021-44RESOLUTION NO. 2021-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
DECLARING ITS INTENTION TO ANNEX TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
AND TO LEVY A SPECIAL TAX TO PAY FOR
CERTAIN PUBLIC SERVICES AND CALLING A PUBLIC HEARING
(ANNEXATION NO. 12)
WHEREAS, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended
(the "Act"), the City Council (the "City Council") of the City of Lodi (the "City"), on April 4, 2007
approved Resolution No. 2007-59 establishing the City of Lodi Community Facilities District
No. 2007-1 (Public Services) (the "CFD");
WHEREAS, the City Council called a special election for April 11, 2007, at which the
questions of levying a special tax and establishing an appropriations limit with respect to the CFD
were submitted to the qualified electors within the CFD;
WHEREAS, on May 2, 2007, the City Council adopted Resolution No. 2007-82
determining the results of the special election and finding that more than two-thirds (2/3) of all
votes cast at the special election were cast in favor of the proposition presented, and such
proposition passed;
WHEREAS, the City Council has determined, because of the proposed development of
certain property within the City, to initiate proceedings for the annexation of such property to the
CFD in accordance with the Act.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lodi that:
Section 1. Description of Territory to be Annexed. Public convenience and
necessity require, and this City Council proposes and intends, that the City annex certain territory
to the CFD. The territory to be annexed is described in a map entitled "Annexation Map No. 12
Community Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin County,
State of California," which map is on file with the City Clerk. The City Clerk is hereby authorized
and directed to endorse the certificate set forth on the map, add any additional information
required by law, and to record the map in accordance with the provisions of Section 3111 of the
Streets and Highways Code of the State of California.
Section 2. Description of Territory Included in Existinu CFD. The boundaries of
the territory currently included in the CFD are described
(i) in a map entitled "Amended Map of Community Facilities District No. 2007-1
(Public Services), City of Lodi, County of San Joaquin," on file with the City Clerk and recorded in
the Office of the San Joaquin County Recorder on April 19, 2007, in Book 5 of Maps of
Assessment and Community Facilities Districts at Page 13;
(ii) in a map entitled "Annexation Map No. 1 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of California" on file with the City Clerk
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and recorded in the Office of the San Joaquin County Recorder on June 25, 2014, in Book 6 of
Maps of Assessment and Community Facilities Districts at Page 54;
(iii) in a map entitled "Annexation Map No. 2 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of California" on file with the City Clerk
and recorded in the Office of the San Joaquin County Recorder;
(iv) in a map entitled "Annexation Map No. 3 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of California" on file with the City Clerk
and recorded in the Office of the San Joaquin County Recorder on September 29, 2015, in Book
6 of Maps of Assessment and Community Facilities Districts at Page 69;
(v) in a map entitled "Annexation Map No. 4 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of California" on file with the City Clerk
and recorded in the Office of the San Joaquin County Recorder on July 20, 2016, in Book 6 of
Maps of Assessment and Community Facilities Districts at Page 87;
(vi) in a map entitled "Annexation Map No. 5 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of California" on file with the City Clerk
and recorded in the Office of the San Joaquin County Recorder on March 1, 2017, in Book 6 of
Maps of Assessment and Community Facilities Districts at Page 93;
(vii) in a map entitled "Annexation Map No. 6 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of California" on file with the City Clerk
and recorded in the Office of the San Joaquin County Recorder on March 21, 2018, in Book 6 of
Maps of Assessment and Community Facilities Districts at Page 115;
(viii) in maps entitled "Annexation Map No. 7 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of California" on file with the City Clerk
and recorded in the office of the San Joaquin County Recorder on (a) July 11, 2018, in Book 6 of
Maps of Assessment and Community Facilities Districts, at Page 128, (b) July 12, 2018, in Book
6 of Maps of Assessment and Community Facilities Districts, at Page 130, and (c) July 12, 2018,
in Book 6 of Maps of Assessment and Community Facilities Districts, at Page 131;
(ix) in a map entitled "Annexation Map No. 8 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of California" on file with the City Clerk
and recorded in the Office of the San Joaquin County Recorder on June 5, 2019, in Book 6 of
Maps of Assessment and Community Facilities Districts at Page 154;
(x) in maps entitled (i) "Annexation Map No. 9 Community Facilities District No. 2007-
1 (Public Services), City of Lodi, San Joaquin County, State of California," on file with the City
Clerk and recorded in the Office of the San Joaquin County Recorder on November 21, 2019, in
Book 7 of Maps of Assessment and Community Facilities Districts at Page 006; (ii) "Boundary
Map of Proposed Annexation of Talavera Subdivision to the Existing City of Lodi Community
Facilities District," on file with the City Clerk and recorded in the Office of the San Joaquin County
Recorder on November 21, 2019, in Book 7 of Maps of Assessment and Community Facilities
Districts at Page 007; (iii) "Boundary Map of Proposed Annexation of Iris Drive Subdivision to the
Existing City of Lodi Community Facilities District," on file with the City Clerk and recorded in the
Office of the San Joaquin County Recorder on November 21, 2019, in Book 7 of Maps of
Assessment and Community Facilities Districts at Page 008; and (iv) "Boundary Map of Proposed
Annexation of Interlaken Subdivision to the Existing City of Lodi Community Facilities District," on
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file with the City Clerk and recorded in the Office of the San Joaquin County Recorder on
November 21, 2019, in Book 7 of Maps of Assessment and Community Facilities Districts at Page
009.
(xi) in a map entitled "Annexation Map No. 10 Community Facilities District No. 2007-
1 (Public Services), City of Lodi, San Joaquin County, State of California" on file with the City
Clerk and recorded in the Office of the San Joaquin County Recorder on July 6, 2020, in Book 7
of Maps of Assessment and Community Facilities Districts at Page 017.
(xii) in a map entitled "Annexation Map No. 11 Community Facilities District No. 2007-
1 (Public Services), City of Lodi, San Joaquin County, State of California" on file with the City
Clerk and recorded in the Office of the San Joaquin County Recorder on October 28, 2020, in
Book 7 of Maps of Assessment and Community Facilities Districts at Page 022.
Section 3. 5 ecification of the Type of Services Provided. The type of services to
be provided in the territory proposed to be annexed to the CFD is the same as that provided in
the existing CFD and are more particularly described in Exhibit A attached hereto. The cost of
providing Services includes "incidental expenses," which include costs associated with the
creation of the District, determination of the amount of special taxes, collection or payment of
special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the
District. The services authorized to be financed by the CFD are in addition to those currently
provided in the territory of the CFD and do not supplant services already available within that
territory,
Section 4. Pian for Providing Services. The public services that are financed by
taxes collected in the CFD will be provided to residents of the current CFD and residents of the
territory proposed to be annexed on the same basis.
Section 5. 'Specification of Special Taxes to be Levied. Except where funds are
otherwise available, a special tax sufficient to pay for all services (including incidental expenses)
to be provided in or for the territory to be annexed and secured by a continuing lien against all
nonexempt real property in the CFD will be annually levied within the territory proposed to be
annexed to the CFD. The rate, method of apportionment, and manner of collection of such special
tax is set forth in Exhibit B hereto (the "Special Tax Formula"). For purposes of the Special Tax
Formula, the territory proposed to be annexed to the CFD will be designated as Annexation
No. 12.
Section 6. No Alteration of the Special Tax Levied in the Existing Community
Facilities District. The City Council does not propose to alter the special tax rate levied within
the existing CFD as a result of the proposed annexation.
Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon
thereafter as practicable, on Wednesday, April 7, 2021, at the regular meeting place of the City
Council, Carnegie Forum, 305 W. Pine Street, Lodi, California, as the time and place for a public
hearing on the annexation of territory to the CFD.
Section 8. Notice of Hearinfl. The City Council directs the City Clerk to publish a
notice of the hearing, in substantially the form attached hereto as Exhibit C (along with adding
any language necessary regarding a teleconference meeting in accordance with the Governor's
Executive Order N-29-20 regarding the COVID 19 pandemic and other edits deemed necessary
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by the City Clerk), once not later than seven days prior to the date fixed for the hearing, in a
newspaper of general circulation published in the area of the CFD.
Section 9. Effective Date. This Resolution shall take effect immediately upon its
passage.
Date: February 17, 2021
I hereby certify that Resolution No. 2021-44 was passed and adopted by the Lodi City
Council in a regular meeting held February 17, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Alan Nakanishi, Mayor
ATTEST: APPROVED AS TO FORM:
J nnifer C ir, City Clerk Janice D. Magdich, City Attorney
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EXHIBIT A
DESCRIPTION OF SERVICES
(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, 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) Incidental services associated with the creation of the District, determination of the
amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in
order to carry out the authorized purposes of the District.
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EXHIBIT B
CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT (RMA) OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District (CFD) No.
2007-1 (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 for the
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
Special Tax, 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.
"City Council" means the City Council of the City of Lodi.
"County" means the County of San Joaquin.
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"Fiscal Year" means the period starting on July 1 and ending on the following June 30.
"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. Residential units 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.
"RMA" means this Rate and Method of Apportionment.
"Single 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 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 Special Taxes 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
DATA FOR ANNUAL TAX 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, or other
development plan for the property.
In 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 subdivision map was recorded, the Assessor does not yet
recognize the new Parcels created by the parcel or subdivision map, and (iii) one or more of the
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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 of the individual Special Taxes to the original Parcel that was subdivided by
recordation of the parcel or subdivision map.
MAXIMUM SPECIAL TAX
The Maximum Special Tax for all Parcels of Taxable Property within the CFD shall be $500 per
Single Family Unit and $145.83 per Multi Family Unit for Fiscal Year 2015-2016. Beginning July
1, 2016 and each July 1 thereafter, the Maximum Special Tax in effect in the prior Fiscal Year
shall be increased by two percent (2%).
METHOD OF LEVY AND COLLECTION OF SPECIAL TAX
Each Fiscal Year, the Special Tax shall be levied proportionately on each Parcel of Taxable
Property in the CFD up to 100% of the Maximum Special Tax determined pursuant to 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. 2007-1 financial obligations, and the Special Tax shall be equally
subject to foreclosure if delinquent.
LIMITATIONS
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.
INTERPRETATION OF SPECIAL 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. In addition, the
interpretation and application of any section of this document shall be left to the City's discretion.
Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any
vagueness or ambiguity in this RMA.
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EXHIBIT C
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY
TO AN EXISTING COMMUNITY FACILITIES DISTRICT
NOTICE IS HEREBY GIVEN that the City Council of the City of Lodi on February 17, 2021,
adopted its Resolution No. 2021-44, in which it declared its intention to annex territory to existing
Community Facilities District No. 2007-1 (Public Services) (the "CFD"), and to levy a special tax
to pay for certain public services, all pursuant to the provisions of the Mello Roos Community
Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.
The resolution describes the territory to be annexed, specifies the type of services to be financed,
and describes the rate and method of apportionment of the proposed special tax. No change in
the tax levied in the existing CFD is proposed. For further details, the resolution is available at
the office of the City Clerk, Carnegie Forum, 305 W. Pine Street, Lodi, California.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed April 7, 2021, at
the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, at the regular meeting
place of the City Council, Carnegie Forum, 305 W. Pine Street, Lodi, California, as the time and
place when and where the City Council will mold a public hearing to consider the annexation. At
the hearing, the testimony of all interested persons for or against the annexation of the territory
or the levying of the special taxes will be heard.
SPECIAL NOTICE: While social distancing measures are imposed due to the COVID-19
pandemic, Council chambers will be closed to the public during meetings of the Lodi City Council.
Alternatives, as set forth below, are available to members of the public to watch Council meetings
and provide comments.
The public hearing may be accessed via the following streaming links:
https://www.facebook.com/City of Lodi
htt s:llzoom.us/E/983434570037 wd=Vm14anRKUm9PWURFb0JnbThSWDF0dz09
Written statements may be filed with the City Clerk by mail at City Hall, 221 West Pine
Street, 2nd Floor, Lodi, 95240, or email at councilcomments Lodi.ov at any time prior to the
hearing scheduled herein. Written comments will be read into the record. Oral statements may
be made at the time of the public hearing via the following link:
htt s:llzoom.us1m198343457003? wd=Vml4anRKUm9PWURFb0jnbThSWDFOdz09
DATED:
Jennifer Cusmir, City Clerk, City of Lodi
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