HomeMy WebLinkAboutAgenda Report - April 6, 2022 G-02 PH�} CITY OF
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COUNCIL COMMUNICATION
AGENDA ITEMGw 2
AGENDA TITLE: Public Hearing to Receive Input and Consider Adopting a Resolution Calling an
Election to Submit to the Qualified Electors the Questions of Levying a Special Tax
Within the Area Proposed to be Annexed to Community Facilities District No. 2007-
1 (Public Services) (Annexation No. 13); and a Resolution Declaring the Results
of the Special Election and Ordering the Annexation of Territory to Community
Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and Introduce
an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory
Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation
No. 13)
MEETING DATE: April 6, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Public hearing to receive input and consider adopting a resolution
calling an election to submit to the qualified electors the questions
of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and a resolution
declaring the results of the special election and ordering the annexation of territory to Community
Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and introduce an uncodified
ordinance levying and apportioning the special tax in territory annexed to Community Facilities District
No. 2007-1 (Public Services) (Annexation No. 13). 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.
BACKGROUND INFORMATION: The resolution, if adopted by the City Council, will culminate 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 required the private landowner 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 resolutions are provided in Attachment B that call for the annexation election and declare the
election results. The uncodified ordinance is provided in Attachment C that levies and apportions the
special tax within the territory to be annexed.
APPROVED Steve Schwabauer
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\DEV_SERV\Community Facilities District 2007-1\Annexation No.13\C_PH_Annex_13.cIocx 3/23/2022
Public Hearing to Receive Input and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a
Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and a Resolution
Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services)
(Annexation No. 13); and Introduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities
District No. 2007-1 (Public Services) (Annexation No.13)
April 6, 2022
Page 2
The public services to be funded by the CFD are described 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.
(b) Fire protection and suppression services, and ambulance and paramedic services.
(c) Maintenance of parks, parkways, public masonry wall, and open space.
(d) Flood and storm protection services, including, but not limited to, the operation and
maintenance of storm drainage systems, and sandstorm protection systems.
(e) Services with respect to removal or remedial action for the cleanup of any hazardous
substance released or threatened to be released into the environment.
The special tax formula entitled "Rate and Method of Apportionment, and Manner of Collection of
Special Tax" is included in the resolution calling for the election contained in Attachment B. The special
tax provides for an annual tax of $500 for single-family units (increased two percent per year) and $145
for multi -family units (increased two percent per year). Certain properties, such as governmental
property and undeveloped property, are not subject to the special tax program. The special taxes may
not be prepaid. The special tax shall be levied in perpetuity.
The City Clerk will open the election and then present the results of landowner ballots after adoption of
the resolution calling for the election. Following this, the City Council will consider the resolution
declaring the results of the election. The ordinance levying and apportioning the special tax will then be
introduced.
FISCAL IMPACT: The public services and administration of the CFD shall be paid from the
special taxes collected within the CFD. The developer has paid the City
for all costs to establish the CFD. The estimated annual revenues at
buildout of this project will amount to approximately $88,000.
FUNDING AVAILABLE: Not applicable.
Ca 9_Q
Charles E. Swimley, Jr.
Public Works Director
CES/LC/cd
Attachments
cc: Lyman Chang, Deputy Public Works Director/City Engineer
Janice D. Magdich, City Attorney
Andrew Keys, Deputy City Manager
Associate Engineer Kiriu
Junior Engineer Wiman
NorthStar Engineering Group
RESOLUTION NO. 2022-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS
THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
(ANNEXATION NO. 13)
WHEREAS, on August 1, 2007, the City Council (the "City Council") of the City of Lodi (the
"City"), approved Resolution No. 2007-59 establishing Community Facilities District No. 2007-1
(Public Services) (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the
State of California, for the purpose of providing for the financing of certain public services (the
"Services") described in Exhibit A hereto; and
WHEREAS, at a special election held on April 11, 2007, more than two-thirds of the votes
cast were in favor of the levy of a special tax and the establishment of an appropriations limit, all
as determined by the City Council in Resolution No. 2007-82, duly adopted on May 2, 2007; and
WHEREAS, the City Council on February 16, 2022, duly adopted Resolution No. 2022-44
(the "Resolution of Intention") declaring its intention to annex certain territory to the CFD and to
levy a special tax within that territory to pay for the Services and setting a public hearing on the
proposed annexation for April 6, 2022; and
WHEREAS, the territory proposed to be annexed is identified in the map entitled
"Annexation Map No. 13 Community Facilities District No. 2007-1 (Public Services), City of Lodi,
San Joaquin County, State of California" a copy of which is on file with the City Clerk and has
been recorded in the office of the San Joaquin County Recorder on February 18, 2022, in Book 7
of Maps of Assessment and Community Facilities Districts, at Page 44; and
WHEREAS, the City Council convened a public hearing on Wednesday, April 6, 2022, at
7:00 p.m., at the regular meeting place of the City Council, Carnegie Forum, 305 West Pine Street,
Lodi, California, at which hearing all persons interested, including all taxpayers, property owners
and registered voters within the CFD and the territory proposed to be annexed, were given an
opportunity to appear and be heard on the proposed annexation of territory to the CFD and the
levy of special taxes within the territory proposed to be annexed; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD, or by fifty percent (50%) or more of the registered voters
residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area
within the CFD, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve registered
voters residing in the territory proposed to be annexed to the CFD and that the qualified electors
in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined to call an
election to authorize the annexation of territory to the CFD and the levying of a special tax as
described in Exhibit B hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD consenting to the shortening of election time
requirements, waiving analysis and arguments, and waiving all notice requirements relating to the
conduct of the election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that:
Section 1. Recitals. All of the above recitals are true and correct, and the City Council
so finds and determines.
Section 2. Confirmation of Findings in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
Section 3. Finding Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD and the levy of the special tax
within such territory are insufficient in number and in amount under the Act, and the City Council
hereby further orders and determines that all such protests are hereby overruled.
Section 4. Finding Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council with respect to the
annexation of territory to the CFD are valid and in conformity with the requirements of the Act.
Section 5. Tax Lien. Upon recordation of an amended notice of special tax lien
pursuant to Sections 3117.5 and 3114.5 of the Streets and Highways Code, a continuing lien to
secure each levy of the special tax shall attach to all non-exempt real property in the territory
proposed to be annexed and this lien shall continue in force and effect until the collection of the
tax is terminated by the City Council.
Section 6. Call and Order of Election. The City Council hereby calls and orders a
special election to be held on Wednesday, April 6, 2022 ("election day"), at which election the
question of levying the special tax within the territory proposed to be annexed shall be submitted
to the qualified electors of the territory proposed to be annexed. The terms of the measure are
described in this Resolution. The abbreviated form of the statement of the ballot measure is set
forth in Exhibit C hereto and is incorporated herein by reference.
Section 7. Vote Required. If the proposition on the question of levying the special
tax within the territory proposed to be annexed receives the approval of more than two-thirds (2/3)
of the votes cast on the proposition, then the territory proposed to be annexed will be added to
and become part of the CFD with full legal effect and the City Council will be authorized to levy
the special tax within the annexed territory.
Section 8. Submission of Ballot Proposition. The City Council hereby submits to
the landowners within the territory proposed to be annexed to the CFD at the special election the
ballot proposition set forth in Section 6 of this Resolution. The City Council hereby authorizes the
City Clerk to conduct the election.
2
Section 9. Conduct of Election. The special election shall be held and conducted,
the returns canvassed, and the results ascertained and determined, as herein provided:
(a) All owners of land within the territory proposed to be annexed to the CFD
upon the date of the special election shall be qualified to vote upon the measure submitted at the
special election. Each landowner shall have one vote for each acre or portion thereof that she,
he, or it owns within the territory proposed to be annexed to the CFD, as provided in Government
Code section 53326(b).
(b) Pursuant to Government Code section 53327, the special election shall be
conducted as a mailed ballot election, in accordance with the provisions of Sections 4100-4108 of
the Elections Code. There shall be no polling places for the special election.
(c) The City Clerk is authorized to mail to each landowner in the territory
proposed to be annexed to the CFD a ballot in the form set forth in Exhibit C hereto.
(d) Each voter desiring to vote in favor of the measure to levy a special tax
shall mark an "X" or a check mark in the voting square opposite the word "YES." To vote against
the measure, the voter shall mark an "X" or a check mark in the voting square opposite the word
'NO."
(e) The City Clerk shall accept the ballots of the landowners up to five minutes
following the adoption of this Resolution by the City Council. The City Clerk shall have available
ballots that may be marked at the City Clerk's office on the election day by voters. Once all
qualified electors have voted, the City Clerk may close the election.
(f) The City Clerk shall commence the canvass of the returns of the special
election as soon as the election is closed at the City Clerk's office. At the conclusion of the
canvass, the City Clerk shall declare the results of the election.
(g) The City Council shall declare the results of the special election following
the completion of the canvass of the returns and shall cause to be inserted into its minutes a
statement of the results of the special election as ascertained by the canvass of the returns.
(h) The City Council ratifies the City Clerk's mailing of the ballots in advance
of the call of the election.
Section 10. General Authorization with Respect to the Election. The members of
the City Council, the City Clerk, and the other officers of the City are hereby authorized and
directed, individually and collectively, to do any and all things and to execute, deliver, and perform
any and all agreements and documents that they deem necessary or advisable in order to
effectuate the purposes of this Resolution. All actions heretofore taken by the officers and agents
of the City that are in conformity with the purposes and intent of this Resolution are hereby ratified,
confirmed, and approved in all respects.
Section 11. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City has created a separate account into which the special tax proceeds
shall be deposited; and the City shall prepare a report, as required, pursuant to the requirements
of Section 53343.1 and shall post said report, as required, pursuant to the requirements of Section
53343.2.
3
Section 12. CEQA Compliance. The City Council hereby determines that the
annexation of territory to the CFD is not a project as defined under the provisions of the California
Environmental Quality Act ("C.E.Q.A.") pursuant to Section 15378 of the C.E.Q.A. guidelines and
directs the City staff to file a notice of exemption with San Joaquin County.
Section 13. Effective Date. This Resolution shall take effect immediately upon its
passage.
Attest:42r7r� C
�► !
PAMELA M. FARRIS
Assistant City Clerk
Dated: April 6, 2022
Approved this 6' day of April, 2022
�Q�
MIKEY 40THI
Mayor Pro Tempore
I hereby certify that Resolution No. 2022-82 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held April 6, 2022 by the following votes:
AYES: COUNCIL MEMBERS — Hothi, Khan, and Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Kuehne and Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
Approved as to Form:
r
`,-A . MAGDICH
City Attorney
PAMELA M. FARRIS
Assistant City Clerk
2022-82
4
EXHIBIT A
List of Authorized 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.
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.
00913421 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
00913421 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.
00913421 03457-016 B-3
EXHIBIT C
OFFICIAL BALLOT
SPECIAL TAX ELECTION
CITY OF LODI
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2007-1 PUBLIC SERVICES
(April 6, 2022)
Number of votes entitled to cast:
INSTRUCTIONS TO VOTERS: To vote on the measure, mark an (X) or a check mark in the
voting square after the word "YES" or after the word "NO." All marks otherwise made are
forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk, 221 West Pine Street,
Lodi, California 95240, to obtain another.
MEASURE SUBMITTED TO VOTE OF VOTERS
Ballot Measure: "Shall the City of Lodi Community Facilities
District No. 2007-1 (Public Services) be authorized to levy a
special tax for the purpose and at the rate and apportioned as YES: ❑
described in Exhibits A and B to Resolution No. 2022-44 adopted
by the City Council of the City of Lodi on February 16, 2022,
which resolution is incorporated herein by reference, within the NO: El
territory identified on a map entitled "Annexation Map No. 13
Community Facilities District No. 2007-1 (Public Services), City
of Lodi, San Joaquin County, State of California?"
NOTE: This is a special landowner election. We request that you return this ballot to the
City Clerk, City of Lodi, to her office at 221 West Pine Street, Lodi, California 95240, by
4:00 p.m. on April 5, 2022, and no later than five minutes following the City Council's
adoption of the Resolution Calling the Election on April 6, 2022.
00913421 03457-016 C-1
RESOLUTION NO. 2022-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
DECLARING THE RESULTS OF THE SPECIAL ELECTION
HELD ON WEDNESDAY, APRIL 6, 2022, AND ORDERING THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 13)
WHEREAS, in proceedings heretofore conducted by the City Council (the "City Council")
of the City of Lodi (the "City"), pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended (the "Act"), the City Council on April 6, 2022, adopted Resolution No. 2022-82, which
resolution called a special election within the territory proposed to be annexed to the City's
Community Facilities District No. 2007-1 (Public Services) (the "CFD"); and
WHEREAS, pursuant to the terms of the resolution, the special election was held on
April 6, 2022, and the City Clerk has duly canvassed the returns of the election and has filed with
the City Council a statement of all votes cast at the election showing the whole number of votes
cast within such territory and the whole number of votes cast for and against the measure in such
territory and also filed, attached to the statement, her certificate as to the correctness of the
statement (the "Statement of Election Results"), a copy of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi that:
Section 1. Approval of Canvass. The canvass by the City Clerk, as shown by the
Statement of Election Results is hereby ratified, confirmed, approved, and entered upon the
minutes of this meeting.
Section 2. Statement of the Measure. At the election, the following measure was
submitted to the qualified electors of the territory proposed to be annexed to the CFD and the
number of votes cast for and against the measure was as follows:
BALLOT MEASURE Total Votes
"Shall the City of Lodi Community Facilities District No. 2007-1 (Public YES: NO:
Services) be authorized to levy a special tax for the purpose and at the
rate and apportioned as described in Exhibits A and B to Resolution No. 11 0
2022-44 adopted by the City Council of the City of Lodi on February 16,
2022, which resolution is incorporated herein by reference, within the
territory identified on a map entitled "Annexation Map No. 13 Community
Facilities District No. 2007-1 (Public Services), City of Lodi, San Joaquin
County, State of California?
Section 3. Votes Cast. The total number of votes cast in the territory proposed to be
annexed to the CFD at the election was 11.
Section 4. Measure Passed. More than two-thirds of all the votes cast at the election
on the measure were in favor of the measure and the measure passed.
00913427 03457-016
Section 5. Validity of Procedures. The City Council hereby finds and determines
that all prior proceedings and actions taken by the City Council pursuant to the Act were and are
valid and in conformity with the Act.
Section 6. Order of Annexation. The City Council hereby determines and orders that
the territory proposed to be annexed to the CFD is added to and part of the CFD with full legal
effect.
Section 7. Amendment to Notice of Special Tax Lien. The City Clerk is hereby
directed to record an amendment to the Notice of Special Tax Lien with the San Joaquin County
Recorder, in accordance with the provisions of Sections 3114.5 and 3117.5 of the California
Streets and Highways Code within fifteen (15) days of the adoption of this resolution.
Attest:
—awz� n.
PAMELA M. FARRIS
Assistant City Clerk
Approved this 6th day of April, 2022
/r -
MIKEY H(2gHl
Mayor Pro Tempore
Dated: April 6, 2022
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I hereby certify that Resolution No. 2022-83 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held April 6, 2022 by the following votes:
AYES:
COUNCIL MEMBERS – Hothi, Khan, and Nakanishi
NOES:
COUNCIL MEMBERS – None
ABSENT:
COUNCIL MEMBERS – Mayor Chandler
ABSTAIN:
COUNCIL MEMBERS – Kuehne
Approved as to Form:
ANI D. MAGDICH
City Attorney
PAMELA M. FARRIS
Assistant City Clerk
2022-83
00913427 03457-016 2
EXHIBIT A
STATEMENT OF ELECTION RESULTS
I, Pamela M. Farris, Assistant City Clerk of the City of Lodi (the "City"), hereby certify that:
1. On April 6, 2022, at 221 West Pine Street, Lodi, California, I canvassed the returns
of the election called for April 6, 2022, in the territory proposed to be annexed to Community
Facilities District No. 2007-1 (Public Services) on the following measure:
"Shall the City of Lodi Community Facilities District No. 2007-1
(Public Services) be authorized to levy a special tax for the purpose
and at the rate and apportioned as described in Exhibits A and B to
Resolution No. 2022-44, adopted by the City Council of the City of
Lodi on February 16, 2022, which resolution is incorporated herein
by reference, within the territory identified on a map entitled
"Annexation Map No. 13 Community Facilities District No. 2007-1
(Public Services), City of Lodi, San Joaquin County, State of
California?"
2. The total number of qualified landowner votes eligible to be cast, the total number
of votes actually cast at the election, and the total number of votes cast for and against the
measure are set forth below. The totals as shown for and against the measure are full, true, and
correct. More than two-thirds of all the votes cast at the election on the measure were in favor of
the measure and the measure passed.
Qualified
Landowner
Votes Votes Cast YES NO
11 11 11 1 0
Dated: April 6, 2022
Pamela M. Farris
Assistant City Clerk
00913427 03457-016 A-1
Attachment C
ORDINANCE NO.
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. 13)
-----------------------------------------------------------------------------
-----------------------------------------------------------------------------
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;
WHEREAS, the City Council duly adopted Resolution No. (the "Resolution") on April 6,
2022, 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;
WHEREAS, at an election held in the territory proposed to be annexed to the CFD on April 6,
2022, the qualified electors of such territory authorized the levy of the special tax described in the
Resolution;
WHEREAS, the City Council duly adopted Resolution No. on April 6, 2022, 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. 13").
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 2022-23 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.
00913436 03457-0016
(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. Sever. 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
PAMELA FARRIS
Assistant City Clerk
State of California
County of San Joaquin, ss.
Approved this day of , 2022
MARK CHANDLER
Mayor
I, Pamela Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance
No. was introduced at a regular meeting of the City Council of the City of Lodi held April 6, 2022,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held May
4, 2022, by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT- COUNCIL MEMBERS —
ABSTAIN. COUNCIL MEMBERS —
00913436 03457-0016 2
I further certify that Ordinance No. was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
PAMELA FARRIS
Assistant City Clerk
Approved as to Form:
ni',�CE D. MAGDICH
City Attorney
00913436 03457-0016 3
The City of Lodi
Public Works
Engineering
Communities Facilities, District 2007-1
(Public Services)
Annexation No. 13
Item G-2
April 6, 2022
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Recommended Action
• Conduct Public Hearing to receive input and consider the
following:
- Adopt a resolution calling for election to submit to the qualified
electors the questions of levying a special tax within the area
proposed to be annexed to Community Facilities District No. 2007-
1 (Annexation No. 13)
- Adopt a resolution declaring the results of the special election and
ordering the annexation of territory to Community Facilities District
No. 2007-1 (Annexation No. 13)
- Introduce an uncodified ordinance levying and apportioning the
special tax in territory annexed to Community Facilities District No.
2007-1 (Annexation No. 13)
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Please immediately confirm receipt
of this, fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SUMMARY OF ORDINANCE NOS. 1995, 1996, 1997, AND 1998
UBLISH DATE: SATURDAY, APRIL 9, 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, APRIL 7, 2022
ORDERED BY: PAMELA M. FARRIS
ASSISTANT CITY CLERK
PAMELA M. FARRIS KAYLEE CLAYTON
ASSISTANT CITY CLERK ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
SEND PROOF OFADVERTISEMENT. THANK YOU!!
Emailed to the Sentinel at legals@lodinews.com at 7 7 (time) on 7 (date)
\\cvcfi1v0l\administration$\Administration\CLERK\OrdSummaries\Advins. doe
CITY OF LODI
ORDINANCE NO. 1995
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 3 — REVENUE AND FINANCE — CHAPTER 3.20, "PURCHASING SYSTEM," BY
REPEALING AND REENACTING SECTION 3.20.105, "PUBLIC WORKS PROJECTS," IN ITS
ENTIRETY TO PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM
PUBLIC CONSTRUCTION COST ACCOUNTING ACT. The purpose of this ordinance is to
provide informal bidder procedures for Public Works projects that comply with the California
Uniform Construction Cost Accounting Commission. Introduced March 16, 2022. Adopted
April 6, 2022, and effective May 6, 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES:
None; ABSENT: Mayor Chandler.
ORDINANCE NO. 1996
AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 1.12 —
MUNICIPAL ELECTIONS —OF THE LODI MUNICIPAL CODE ADOPTING MAP
DESIGNATING REVISED CITY COUNCIL ELECTION DISTRICTS AND BOUNDARIES
BASED ON FINAL 2020 CENSUS DATA. The purpose of this ordinance is to revise the City
Council election districts and boundaries based on the final 2020 census data and in
conformance with the federal Voting Right Act, California Constitution, and Fair Maps Act, as
shown on the map below. The map is also available for viewing at https://ca-
lodi.civicplus.comlDocumentCenter/View/5042/Yellow or at the City Clerk's Office at
221 West Pine Street, Lodi. Introduced April 6, 2022. Adoption to be considered April 20, 2022.
AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor Chandler.
City of Lodi
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ORDINANCE NO. 1997
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. 13). 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. 13.
Introduced April 6, 2022. Adoption to be considered April 24 2022. AYES: Hothi, Khan, Kuehne,
and Nakanishi; NOES: None; ABSENT: Mayor Chandler.
ORDINANCE NO. 1998
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
CHAPER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.60,
"POWERS AND DUTIES GENERALLY," AND AMENDING LODI MUNICIPAL CODE
CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION
3.20.045, "STATE AND LOCAL AGENCY CONTRACTS," SECTION 3.20.070, "BIDDING,"
SECTION 3.20.080, "PURCHASE ORDERS," SECTION 3.20.100, "FORMAL CONTRACT
PROCEDURE," AND SECTION 3.20.110, "OPEN MARKET PROCEDURE". The purpose of
this ordinance is to increase purchasing authority for the City Manager and City of Lodi
Department Heads and to increase the informal bidding threshold for supplies and services to
provide efficiencies in purchasing. Introduced April 6, 2022. Ado tion to be considered
April 20, 2022. AYES: Hothi, Khan, Kuehne, and Nakanishi; NOES: None; ABSENT: Mayor
Chandler.
Pamela M. Farris, Assistant City Clerk
City of Lodi
April 6, 2022
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
'A DECLARATION OF POSTING
.s
S
ORDINANCE NO. 1997
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. 13)
On Thursday, April 7, 2022, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1994 (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 7, 2022, at Lodi, California.
Pamela M. Farris
Assistant City Clerk
ordsumma ries\aaDecPost.doc
ORDERED BY:
PAMELA M. FARRIS
ASSISTANT CITY CLERK
Kaylee Clayton
Administrative Clerk
ORDINANCE NO. 1997 EFY
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. 13)
WHEREAS, the Lodi City Council (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. 2022-82 (the "Resolution") on
April 6, 2022, 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 6, 2022, 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. 2022-83 on April 6, 2022,
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. 13").
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 2022-23 at the maximum rates and
apportioned in the manner specified in the Resolution.
Section 3. Collection of 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:
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss.
Approved this 20th day of April, 2022
MARK CHANDLER
Mayor
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1997
was introduced at a regular meeting of the City Council of the City of Lodi held April 6, 2022, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
April 20, 2022, by the following vote:
AYES:
COUNCIL MEMBERS —
NOES;
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
2
I further certify that Ordinance No. 1997 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
3
OLIVIA NASHED
City Clerk
Recording Requested By and
When Recorded Mail to:
CITY OF LODI
221 West Pine Street
Lodi, CA 95240
Attention: City Clerk
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
(Community Facilities District No. 2007-1 (Public Services) Annexation No. 13)
Pursuant to the requirements of Sections 3117.5 and 3114.5 of the Streets and Highways
Code and Section 53339.8(b) of the Government Code, the undersigned City Clerk of the City of
Lodi, County of San Joaquin, State of California, hereby gives notice that a lien to secure payment of
a special tax is hereby imposed by the City Council of the City of Lodi, County of San Joaquin, State
of California. The special tax secured by this lien is authorized to be levied for the purpose of
providing public services, as set forth on Exhibit A attached hereto and incorporated herein and to
pay any other related incidental costs or expenses authorized by law.
The special tax is authorized to be levied within territory annexed on April 6, 2022, to the
City of Lodi Community Facilities District No. 2007-1 (Public Services) (the "CFD"), which was
originally established on April 4, 2007. The original Notice of Special Tax Lien was recorded with
the San Joaquin County Recorder on May 25, 2007, as document number 2007-098954. The lien of
the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall
continue in force and effect until the special tax ceases to be levied and a notice of cessation of
special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the authorized special tax is
as set forth in Exhibit B attached hereto and incorporated herein. No provision has been made under
which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of
the special tax canceled.
Notice is further given that, upon the recording of this notice in the office of the San Joaquin
County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt
real property within the CFD in accordance with Section 3115.5 of the Streets and Highways Code.
The names of the owners of the real property annexed to the CFD on April 6, 2022, as they
appear on the latest secured assessment roll and the assessor's tax parcel numbers of all parcels or
any portion thereof that were so annexed as of the date of recording of this notice, is as shown on
Exhibit C.
00913437 03457-016
Reference is made to the map entitled "Annexation Map No. 13 Community Facilities
District No. 2007-1 (Public Services), City of Lodi, San Joaquin County, State of California," a copy
of which is on file with the City Clerk and has been recorded in the office of the San Joaquin County
Recorder on February 18, 2022, in Book 7 of Maps of Assessment and Community Facilities
Districts, at Page 44.
For further information concerning the current and estimated future tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact the
Office of the City Engineer, City of Lodi, at P.O. Box 3006, Lodi, CA 95241-1910, telephone
(209) 333-6700.
Dated: April 7, 2022 CITY OF LODI
By:
—a 7 -, � - �
Pamela M. Farris, Assistant City Clerk
00913437 03457-016 2
EXHIBIT A
LIST OF SERVICES
The community facilities district is established to finance any one or more of the following
types of services within the District:
(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.
00913437 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.
00913437 03457-016 B-1
"County" means the County of San Joaquin.
"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.
00913437 03457-016 B-2
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 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.
00913437 03457-016 B-3
EXHIBIT C
ASSESSOR'S TAX PARCEL NUMBERS AND OWNERS OF LAND INCLUDED IN
TERRITORY ANNEXED ON APRIL 6, 2022, TO THE CITY OF LODI
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
ASSESSOR'S PARCEL NUMBER
058-130-250
00913437 03457-016 C-1
OWNERS
RR 150 LOTS, LLC
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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
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
Emailed to the Sentinel at legals@lodinews.com at F' ime) on 17 (date) (pages)
forms\advins.doc
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.
ORDERED BY:
PAMELA M. FARRIS
ASSISTANT CITY CLERK
PAMELA M. FARRIS KAYL E CLAYTON
ASSISTANT CITY CLERK ADMINISTRATIVE CLERK
\\cvcfilvO1\ad minis tration$\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:
lett s:llwww.facebook.comlCif ofLodi1
htfps,llys06web.zoom1YUZXSVRmQT"99
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
cocu7cilcomments(@lodi.aov at any time 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:
httt s:11us06web.zoom.u&1181287658564?r)wd=VFJ4dm9mcFNYbTJXKzk1YUZXSVRmQT09
Dated: February 16, 2022
PAMELA M. FARRIS
Assistant City Clerk
City of Lodi