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HomeMy WebLinkAboutAgenda Report - April 21, 2021 I-01AGENDA ITEM 1-01 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Ordinance No. 1981 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. 12)" MEETING DATE: April 21, 2021 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1981. BACKGROUND INFORMATION: Ordinance No. 1981 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. 12)," was introduced at the regular City Council meeting of April 7, 2021. 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 a APPROVED: n c aba r, City Manager \\cvcfilv01\administration$\Administration\CLERK\Council\COUNCOM\Ordinance 'DOC ORDINANCE NO. 1981 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. 12) ------------------------ 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. 2021-91 (the "Resolution") on April 7, 2021, 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 April 7, 2021, 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. 2021-92 on April 7, 2021, 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. 12"). 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). Approved this 21St day of April, 2021 (30 X q?&, -�, ALAN NAKANISHI Attest: Mayor IFER US/I&R�1� ity Clerk ---------------------------------------------------------------- ---------------------------------------------------------------- State of California County of San Joaquin, ss. I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1981 was introduced at a regular meeting of the City Council of the City of Lodi held April 7, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 21, 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 I further certify that Ordinance No. 1981 was approved and signed by the Mayor on the date of its passage and the same has been published purst}nt to law. ENNIFE CUSMIR tr City Clerk Approved as to Form: -JANICE D. MAGDICH City Attorney 2 D Please immediately comm receipt o f this f c �: by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NO. 1981 PUBLISH DATE: SATURDAY, APRIL 10, 2021 TEAR SHEETS WANTED: One 1 lease 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, APRIL 8, 2021 ORDERED BY: JENNIFER CUSMIR CITY CLERK 6�?JENNIFE USMIR KAYLEE CLAYTON CITY CL K ADMINISTRATIVE CLERK SEND 1'RDDF OF ADVfRTISF_MENT. THA lAvur YOU!! Emailed to the Sentinel at legals@lodinews.com at ) on C:\Users\jcusmir\AppData\Local\Microsoft\W indo%vs\INetCache\COntent.011tlook\3CF-IIA I IMAdvins.doc CITY OF LODI ORDINANCE NO. 1981 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. 12). 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. 12. Introduced April 7, 2021. Adoption to be considered A ril 21 2021. AYES: Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi; NOES: None; ABSENT; None. Jenftifer Cusmir, City Clerk City of Lodi April 7, 2021 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. r 1 si DECLARATION OF POSTING ORDINANCE NO. 1981 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. 12) On Thursday, April 12, 2021, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1981 (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 April 12, 2021, at Lodi, California. Pamela M. ftrris� Assistant City Clerk ordsutnmarics\aaDecPost.doc ORDERED BY: JENNIFER CUSMIR CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 1981 1 w + ,J I 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. 12) 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 far the CFD; and WHEREAS, the City Council duly adopted Resolution No, 2021-91 (the "Resolution") on April 7, 2021, 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 April 7, 2021, 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. 2021-92 on April 7, 2021, 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. 12"). NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Lodi: Section 1. Recitais. The foregoing recitals are true and correct. Section 2. Lev, of S ecial 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 seeping a refund of the tax. The decision of the City Council shall be final. Section 5. No Mandator Dut 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). Approved this day of , 2021 ALAN NAKANISHI Attest: Mayor JENNIFER CUSMIR City Clerk State of California County of San Joaquin, ss. I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1981 was introduced at a regular meeting of the City Council of the City of Lodi held April 7, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2021, by the following vote AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN COUNCIL MEMBERS — I further certify that Ordinance No. 1981 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 Please immediately confirm receipt o f this f ax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NO. 1981 PUBLISH DATE: SATURDAY, APRIL 24, 2021 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, APRIL 22, 2021 ORDERED BY: JENNIFER CUSMIR CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLFF CLAYTON ADMINISTRATIVE &RK SEND PROOF OFADVERTISEMENT. THANIC YOU!! Emailed to the Sentinel at legals@lodinews.com at (time) on (date) \\cvcl iNOI \administration$\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1981 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. 12). 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. 12. Introduced April 7, 2021. Adopted April 21, 2021 and effective May 21, 2021. AYES: Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi; NOES: None; ABSENT: None. Jennifer Cusmir, City Clerk City of Lodi April 21, 2021 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1981 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. 12) On Monday, April 26, 2021, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1981 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. declare under penalty of perjury that the foregoing is true and correct. Executed on April 26, 2021, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsummaries\aa Dec Post. doc ORDERED BY: JENNIFER CUSMIR CITY CLERK Kaylee Clayton Administrative Clerk r���-:: ORDINANCE NO. 1981 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. 12) 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. 2021-91 (the "Resolution") on April 7, 2021, 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 April 7, 2021, 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. 2021-92 on April 7, 2021, 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. 12"). 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 21S1 day of April, 2021 ALAN NAKANISHI Mayor I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1981 was introduced at a regular meeting of the City Council of the City of Lodi held April 7, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held April 21, 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 I further certify that Ordinance No. 1981 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 Fil JENNIFER CUSMIR City Clerk