HomeMy WebLinkAboutAgenda Report - February 16, 2022 C-26 PHAGENDA ITEM (!a26
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Declaring Intention to Annex Territory (Lumina Subdivision) to
Community Facilities District No. 2007-1 (Public Services) and to Levy a Special
Tax to Pay for Certain Public Services (Annexation No. 13); and Setting Public
Hearing for April 6, 2022
MEETING DATE: February 16, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution declaring intention to annex territory (Lumina
Subdivision) to Community Facilities District No. 2007-1 (Public
Services) and to levy a special tax to pay for certain public services
(Annexation No. 13); and setting public hearing for April 6, 2022.
BACKGROUND INFORMATION: The resolution, if adopted by the City Council, will begin the process
to annex one 10.32 -acre parcel (to be subdivided into a total of 66
single family lots) into the City of Lodi Community Facilities District
No. 2007-1 (Public Services) (CFD). The property is located south of Harney Lane and west of Stockton
Street and is a portion of the larger Lumina subdivision. The boundary of the annexation is shown in
Attachment A and includes APN 058-130-25. Approved tentative map conditions require the private
landowners to cooperate in the annexation of the parcel into the CFD, the purpose of which is to offset a
portion of the costs caused by new developments. The other two parcels in the subdivision (APN 058-130-
21 and 058-130-22) are already part of the CFD 2007-1. The Lumina subdivision will have a total of 150
single family homes when it is fully developed.
The resolution establishes, among other things, the City's intent to approve Annexation No. 13 to the
CFD, which includes the levy of a special tax to pay for public services and related costs. The resolution
calls for a public hearing on April 6, 2022, at which time interested parties may comment upon the
annexation to the CFD.
Exhibit A to the Resolution contains the description of the services to be provided as presented below:
(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; and
(b) Fire protection and suppression services, and ambulance and paramedic services; and
(c) Maintenance of parks, parkways, and open space; and
(d) Flood and storm protection services, including, but not limited to, the operation and
maintenance of storm drainage systems, and sandstorm protection systems; and
(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.
Exhibit B to the resolution is the special tax formula entitled "Amendment to Rate, Method of
Apportionment, and Manner of Collection of Special Tax." The special tax, established in 2015, provides
for an annual tax of $500 for single-family units (increased two percent per year) and $145 for multi -
APPROVED: Steve SchwabaUer
Stephen Schwabauer, City Manager
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1/21/2022
Adopt Resolution Declaring Intention to Annex Territory (Lumina Subdivision) to Community Facilities District No. 2007-1 (Public Services) and to Levy a Special Tax
to Pay for Certain Public Services (Annexation No. 13); and Setting Public Hearing for April 6, 2022
February 16, 2022
Page 2
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.
Exhibit C to the resolution is the form of the Notice of Public Hearing that will be published and posted
calling for a public hearing to be held by the City Council. Following that public hearing, the City Council
will be in a position to approve a separate, future resolution that will form the CFD and will call the
election for the CFD.
FISCAL IMPACT: 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 this project will
amount to approximately $88,000.
FUNDING AVAILABLE: Not applicable.
Cs�-D
Charles E. Swimiey, Jr.
Public Works Director
CES/LC/cd
Attachments
cc: Lyman Chang, Deputy Public Works Director/City Engineer
Janice D. Magdich, City Attorney
Deputy City Manager
Assistant Engineer Kiriu
Senior Technician Wiman
NorthStar Engineering Group
\\cvcfilv02\pubwks$\WP\DEV_SERV\Community Facilities District 2007-1\Annexation No.13\ClntentiontoAnnex_annex_13.doc 1/21/2022
ATTACHMENT A
HARNEY LANE
058-130-26 I
058-130-02
2
a
I o
I U
O
I OQ
I p
Q
058-010-07
I V
I
I U
7 - RS _ 308
058-130-25
058-130-21
5 —
058-130-03
I W
W
— — rc
058-130-04 (l)
SCALE V-1201 VICINITY MAP
LEGEND: N.TS.
PROPOSED ANNEXATION BOUNDARY
058-130-25 ASSESSOR'S PARCEL NO. INCLUDED IN ANNEXATION
FILED IN THE OFFICE OF THE CITY CLERK THIS DAY OF
JENNIFER M. CUSMIR, CITY CLERK
058 -730 -OS CITY OF LODI
— — — — l HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION N0. IJ TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES), CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITYCOUNCIL OF THE CITY OF LODI AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF
058-130-06 2022, BY ITS RESOLUTION NO.
I ROCKEY JENNIFER M CUSMIR. CITY CLERK
ODI
LANE CITY OF L
Z
� FILED THIS DAY OF 7072, AT THE HOUR OF O'CLOCK X. IN BOOK
U Q� OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE IN THE OFFICE OF THE COUNTY RECORDER IN THE
0 ry� COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA.
FS — 29
I
— — — — — — — — — — — — — — — — — ------------
058-130-22 -----------
058-130-22
nANCH
I
maoainalexhIDits\20-1521 lumina cf0 exhibit ria icm� �. nn awe
STEVE J BESTOLARIDES, COUNTY RECORDER
COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA
REFERENCE IS MADE TO THAT AMENDED BOUNDARY MAP OF COMMUNITY FACILITIES DISTRICT N0. 2007-1 (PUBLIC SERVICES) OF
THE CITY OF LODI RECORDED WITH THE SAN JOAQUIN COUNTY RECORDERS OFFICE ON APRIL 19, 2007, IN BOOK 5 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE /3 AS DOCUMENT N0. 2007-076402.
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHON ON THIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS
SHOWN ON THE SAN JOAQUIN COUNTY ASSESSORS MAPS FOR THE PARCELS LISTED.
THE SAN JOAQUIN COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH
LOTS OR PARCELS. �/ /� MAP
A
A EXA TI MP . 13
COMMUNITY FACILITIES
DISTRICT NO. 2007-1
(PUBLIC SERVICES)
CITY OF LODI, SAN JOAOUIN COUNTY
STATE OF CALIFORNIA
gkRTHSTAR ENGINEERING GROUP, INC.
620 12th Street, Modesto, CA 95354
(209) 524-3525 SHEET I OF t
D
0
120
�I
240
SCALE V-1201 VICINITY MAP
LEGEND: N.TS.
PROPOSED ANNEXATION BOUNDARY
058-130-25 ASSESSOR'S PARCEL NO. INCLUDED IN ANNEXATION
FILED IN THE OFFICE OF THE CITY CLERK THIS DAY OF
JENNIFER M. CUSMIR, CITY CLERK
058 -730 -OS CITY OF LODI
— — — — l HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION N0. IJ TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES), CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITYCOUNCIL OF THE CITY OF LODI AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF
058-130-06 2022, BY ITS RESOLUTION NO.
I ROCKEY JENNIFER M CUSMIR. CITY CLERK
ODI
LANE CITY OF L
Z
� FILED THIS DAY OF 7072, AT THE HOUR OF O'CLOCK X. IN BOOK
U Q� OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE IN THE OFFICE OF THE COUNTY RECORDER IN THE
0 ry� COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA.
FS — 29
I
— — — — — — — — — — — — — — — — — ------------
058-130-22 -----------
058-130-22
nANCH
I
maoainalexhIDits\20-1521 lumina cf0 exhibit ria icm� �. nn awe
STEVE J BESTOLARIDES, COUNTY RECORDER
COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA
REFERENCE IS MADE TO THAT AMENDED BOUNDARY MAP OF COMMUNITY FACILITIES DISTRICT N0. 2007-1 (PUBLIC SERVICES) OF
THE CITY OF LODI RECORDED WITH THE SAN JOAQUIN COUNTY RECORDERS OFFICE ON APRIL 19, 2007, IN BOOK 5 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE /3 AS DOCUMENT N0. 2007-076402.
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHON ON THIS DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS
SHOWN ON THE SAN JOAQUIN COUNTY ASSESSORS MAPS FOR THE PARCELS LISTED.
THE SAN JOAQUIN COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH
LOTS OR PARCELS. �/ /� MAP
A
A EXA TI MP . 13
COMMUNITY FACILITIES
DISTRICT NO. 2007-1
(PUBLIC SERVICES)
CITY OF LODI, SAN JOAOUIN COUNTY
STATE OF CALIFORNIA
gkRTHSTAR ENGINEERING GROUP, INC.
620 12th Street, Modesto, CA 95354
(209) 524-3525 SHEET I OF t
RESOLUTION NO. 2022-44
A RESOLUTION OF THE LODI CITY COUNCIL 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. 13)
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. 13
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 Existing 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
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;
SC338045 03457-016
(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
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.
SC338045 03457-016 2
(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.
(xiii) 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" on file with the City
Clerk and recorded in the Office of the San Joaquin County Recorder on February 25, 2021, in
Book 7 of Maps of Assessment and Community Facilities Districts at Page 028.
Section 3. Specification 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. Plan 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.
13.
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 6, 2022, 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 Hearing. 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 regarding the COVID 19 pandemic and other edits deemed necessary by the
SC338045 03457-016 3
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.
I hereby certify that Resolution No. 2022-44 was passed and adopted by the Lodi City
Council in a regular meeting held February 16, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
MARK CHANDLER
Mayor
ATTEST: APPROVED AS TO FORM:
r
PAMELA M. FARRIS ANlC MAGDICH
Assistant City Clerk - I #orney
2022-44
SC338045 03457-016 4
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.
SC338045 03457-016 A-1
EXHIBIT B
CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
RATE AND METHOD OF APPORTIONMENT
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.
SC338045 03457-016 B-1
"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.
B. 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
SC338045 03457-016 B-2
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.
C. 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%).
D. 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.
E. 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.
F. 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.
SC338045 03457-016 B-3
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
2022, adopted its Resolution No. , 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
2022, 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 hold 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 restrictions are imposed due to the COVID-19 pandemic, the
public may attend in-person or virtually. Masks are required for in-person attendance, regardless
of vaccination status. Alternatives to in-person attendance, 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 link:
httPs:11us06web. room. uVj18 T 287658564?t)wd= VEJ4dm9mcFN Yb TJXKzk 9 YUZXS VRm4 TO9
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 councilcommentsCcDlodi.pov 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:11us06web.zoom.us1181287658564? wd=VEJ4dm9mcFNYbTJXKzkI YUZXS VRmQ T09
DATED:
Pamela M. Farris, Assistant City Clerk, City of Lodi
SC338045 03457-016 C-1
Please immediately confirm receipt
o f this. fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: NOTICE OF PUBLIC HEARING TO CONSIDER ANNEXATION OF
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
PUBLISH DATE: SATURDAY, FEBRUARY 19, 2022
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: PAMELA M. FARRIS, ASSISTANT CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, FEBRUARY 17, 2022
ORDERED BY: PAMELA M. FARRIS
ASSISTANT CITY CLERK
LI !k �IlJ/ rSQ
PAMELA M. FARRIS KAYLEE CLAYTON
ASSISTANT CITY CLERK ADMINISTRATIVE CLERK
Emailed to the Sentinel at legals@lodinews, corn at P ` ime) on 17 wate3 (Pages)
formAadvins.doc
L0PP-000F0
pta
DECLARATION OF POSTING
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
On Thursday, February 17, 2022, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing on resolution of intention to annex territory to an existing
Community Facilities District (attached and marked as Exhibit A) was posted at the
following locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
WorkNet Office
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 17, 2022, at Lodi, California.
PAMELA M. FARRIS
ASSISTANT CITY CLERK
ORDERED BY:
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYL E CLAYTON
ADMINISTRATIVE CLERK
\\cvcfilv0l\administration$\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST4.doc
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 16, 2022,
adopted its Resolution No. 2022-44, 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, 221 W. Pine Street, Lodi, California.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed April 6, 2022, 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 hold 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 restrictions are imposed due to the COVID-19 pandemic, the public
may attend in-person or virtually. Masks are required for in-person attendance, regardless of
vaccination status. Alternatives to in-person attendance, 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:
htt,os:llwww facebook. comlCityofLodil
htt A.Ilus06web.zoom.us/L161287658564?pwd=VFJ4dm9mcFNYb TJXKzk1 YUZXSVRmQT09
Written statements may be filed with the City Clerk by mail at City Hall, 221 West Pine Street, 2nd
Floor, Lodi, CA, 95240 (P.O. Box 3006, Lodi, CA, 95241-1910), or by email at
councilcomments@lodi. gov at anytime prior to the hearing scheduled herein. Written comments
will be provided to the City Council and included in the official minutes but will not be read aloud
at the meeting. Oral statements may be made at the time of the public hearing via the following
link:
htt,os.'llus06web. zoom. us1i181287658564?pwd= VEJ4dm 9mcFNYbTJXKzk 1 YUZXS VRmQ T09
Dated: February 16, 2022
PAMELA M. FARRIS
Assistant City Clerk
City of Lodi