HomeMy WebLinkAboutAgenda Report - February 21, 2007 E-10 PHAGENDA ITEM E'o 1 V
CITY 4F LODI
C VNCIL C(MMUNICATION
TM
AGENDA TITLE: Adopt Resolution of Prelkninery Approval, Resolution of Intention and
Resolion Iniitting Proceedings to Annex Guild Avenue industrial Zone 13
to Lod# Consolidated Landscape Maintenance Assessment District
No. 2043-1; and Set Public Hearing and Deadline for Receipt of Ballots for
April 4, 2007
MEETINS DATE: February 21, 2007
PREPANED BY: Public Works Director
RECOIINENDE 0 ACTION: Adopt the following resolutions regarding annexation of Guild Avenue
Industrial Zone 13 to the Lodi Consolidated Landscape Maintenance
Assessment District No. 2003-1:
1. Resolution of Preliminary Approval of the Engineer's Report Regarding the Proposed Annexation of
Territory into the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 and Levy
and Collection of Assessments for Fiscal Year 2007108
2. Resolution Declaring Intention to Annex Territory into Lodi Consolidated Landscape Maintenance
Assessment District No. 2003-1 and to Provide for the Levy and Collection of Assessments in Such
Annexation, Setting a Time and Place for Public Hearing Thereon and Ordering the Initiation of
Assessment Ballot Procedures
3. Resolution Initiating Proceedings for the Annexation of Territory into the Lodi Consolidated Landscape
Maintenance Assessment District No. 2003-1 and the Levy and Collection of Assessments for Certain
Zones for Fiscal Year 2007/08
BACKGROUND INFORMATION: As required as a condition of development, the developers of the
industrial developments located at 350, 495 and
555 North Guild Avenue have elected to annex to the
Lodi Consolidated Landscape Maintenance Assessment District
No. 2003-1 (District) for the purpose of maintaining and/or replacing certain public improvements to be
installed in conjunction with or for the benefit of those projects. The Engineer's Report for the proposed
annexation, prepared by NBS of Temecula and attached as Exhibit 1, presents a description of the
project, defines the area, describes the improvements to be maintained and provides a cost estimate of
the First Year Estimated Assessment and sets the Maximum Annual Assessment amount. The
improvements to be maintained include the future traffic signal at Victor Road and Guild Avenue, frontage
and median landscaping in Victor Road, and street sweeping of Victor Road and Guild Avenue.
The annexation area, Zone 13, is the first of multiple zone annexations that will occur within the defined
Area of Benefit, Exhibit 2. Zone 13 receives approximately 16% of the benefit from the public
improvements and will, therefore, provide 16% of the funding for the maintenance of those improvements
APPROVED:
Blair Kir�l y Manager
K:\WP\DE\I_SER\ALandscapeDistrict\2003Zone 131CIntenhon_SetPH.d0c 2/1512007
Adopt Resolution of Preliminary Approval, Resolution of Intention and Resolution Initiating Proceedings
to Annex Guild Avenue Industrial Zone 13 to Lodi Consolidated Landscape Maintenance Assessment
District No. 2003-1; and Set Public Hearing and Deadline for Receipt of Ballots for April 4, 2007
February 21, 2007
Page 2
Until such time that the balance of the parcels within the Area of Benefit are annexed, the City will be
responsible for the balance of the funding for maintenance.
The proposed Zone 13 contains eight (8) lots. Parcel 049-080-17 is expected to subdivide into six (6) lots.
The proposed assessment roll for Zone 13 is set forth in Exhibit 1.
Zone 13 is the first proposed annexation of non-residential properties to the District. Staff anticipates that
similar annexations of non-residential properties will be presented to the Council in the future to provide
funding for the maintenance and replacement of those certain public improvements that meet the criteria
set forth in the Landscaping and Lighting Act of 1972 that are installed with or for the benefit of non-
residential developments.
The actio requested of the City Council will initiate the steps leading to annexation of Zone 13 and
prelimina'ily approve the Engineer's Report. Additionally, the City Council will set a public hearing for
April 4, 2€107, to hear public testimony on the formation and proposed assessments and to finally act to
form the district.
Election ballots will be distributed to the owners of record as of the date of ballot preparation. Voting is
based upon acres and simple majority vote is required to form the district.
The First Year Assessment will be added to the tax roll for Fiscal Year 2007108 and the first revenues
from the district will be received in December 2007.
FISCAL IMPACT- The purpose of the District is to collect funds to offset the fiscal impact of
the maintenance and replacement of certain public improvements
benefiting to each development.
FUNDING AVAILABLE: All costs will be paid by applicant fees and reimbursement from funds
collected through the assessment district.
Richard C. Prima, Jr.
Public Works Director
Prepared by Sharon A. Welch, Senior Civil Engineer
RCP/SAW/pmt
Attachments
cc: Sharon Welch, Senior Civil Engineer
NOS
Mailing List
K:IW PXDEV_SERV"ndscapeDistriet12003Zone 131CIntention_SetPH.doc 2/1 612007
Exhibit 1
City of Lodi
Lodi Consolidated Landscape
Maintenance District No. 2003-1
ZONE 13 - GUILD AVENUE INDUSTRIAL
2007/08 Preliminary Engineer's Report
February 2007
Prepared by
N I B I S
Corporate Office
Regional Office
32605 Highway 79 South, Suite 100
870 Market Street, Suite 901
Temecula, CA 92592
San Francisco, CA 94102
(800) 676-7516 phone
(800) 434-8349 phone
(951) 296-1998 fax
(415) 391-8439 fax
CITY OF LODI
LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1
221 W. Pine Street
Lodi, California 95240
Phone - (209) 333-6706
Fax - (209) 333-6807
CITY COUNCIL
Bob Johnson, Mayor
Joanne Mounce, Mayor Pro Tem
Larry D. Hansen, Council Member
Susan Hitchcock, Council Member
Phil Katzakian, Council Member
CITY STAFF
Blair King, City Manager
James Krueger, Deputy City Manager
Randi Johl, City Clerk
D. Stephen Schwabauer, City Attorney
Richard Prima, Public Works Director
Wally Sandelin, City Engineer
N I B I S
Greg Davidson, Client Services Director
Rick Clark, Project Manager
TABLE OF CONTENTS
1. ENGINEER'S LETTER...................................................................1-1
2. OVERVIEW....................................................................................2-1
2.1 INTRODUCTION............................................................................................... 2-1
2.2 EFFECT OF PROPOSITION 218......................................................................... 2-2
3. PLANS AND SPECIFICATIONS....................................................3-1
3.1 DESCRIPTION OF FACILITIES FOR ZONE 13 ........................................................ 3-1
4. METHOD OF APPORTIONMENT..................................................4-1
4.1 METHOD OF APPORTIONMENT.......................................................................... 4-1
4.2 LAND USE BENEFIT FACTORS.......................................................................... 4-2
5. ESTIMATE OF COSTS...................................................................5-1
5.1 DESCRIPTION OF BUDGET ITEMS...................................................................... 5-1
5.2 DISTRICT BUDGET.......................................................................................... 5-2
5.3 LANDSCAPE RESERVE INFORMATION................................................................ 5-3
6. ASSESSMENT DIAGRAMS...........................................................6-1
7. ASSESSMENT ROLL....................................................................7-1
1. ENGINEER'S LETTER
WHEREAS, on February 21, 2007, the City Council of the City of Lodi (the "City"), State of
California, directed NBS Government Finance Group, DBA NBS ("NBS") to prepare and file a report
presenting plans and specifications describing the general nature, location and extent of the
improvements to be maintained, an estimate of the costs of the maintenance, operations and
servicing of the improvements for the City of Lodi Consolidated Landscape Maintenance District No.
2003-1, Annexation No. 2 (or the "District") for Fiscal Year 2007/08. The report includes a diagram
for the District, showing the area and properties proposed to be assessed, an assessment of the
estimated costs of the maintenance, operations and servicing the improvements, and the net amount
upon all assessable lots and/or parcels within the District in proportion to the special benefit received;
NOW THEREFORE, the following assessment is made to cover the portion of the estimated
costs of maintenance, operation and servicing of said improvements to be paid by the assessable
real property within the District in proportion to the special benefit received:
SUMMARY OF ASSESSMENT
Description
2007/08
Assessment
Maximum
Assessmen
t
As
Confirmed
by Council
Zone 13 — Guild Avenue Industrial
$5,313.44
$9,106.84
Zone 13 Dwelling Unit Equivalent Factor "dueF"
94.06
94.06
Assessment Rate Per dueF
$ 56.49
$ 96.82
I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my
knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment
Diagram herein have been prepared and computed in accordance with the order of the City Council
of the City of Lodi.
Wally Sandelin, P.E., Engineer of Work
Date:
Seal
Prepared by NBS 1-1
2. OVERVIEW
2.1 Introduction
The City of Lodi ("City") proposes to levy special benefit assessments for the Lodi Consolidated
Landscape Maintenance District No. 2003-1 ("District") for Fiscal Year 2007/08. The City currently
has consolidated twelve landscape maintenance districts into a single district, the "Lodi Consolidated
Landscape Maintenance District No. 2003-1". In response to the provisions of the California
Constitution Article XIIIC and XIIID (Proposition 218), in 2003 a separate Engineer's Report was
prepared for each of the first two Zones (Zones 1 and 2) of the Lodi Consolidated Landscape
Maintenance District. The City conducted property owner balloting proceedings for the assessments
in Fiscal Year 2004/05. After approval of the assessment by the property owners, the City began to
levy and collect special assessments on the County tax rolls to provide continued funding for the
costs and expenses required for maintenance of the improvements within the District. In 2004 a
separate Engineer's Report was prepared for each of the next five Zones (Zones 3 thru 7) of the Lodi
Consolidated Landscape Maintenance District. The City conducted property owner balloting
proceedings for Zones 3 and 4 for the assessments in Fiscal Year 2004/05 and the City conducted
property owner balloting proceedings for Zones 5 through 7 for the assessments in Fiscal Year
2005/06. For Fiscal Year 2006/07, the City conducted property owner balloting proceedings for the
annexation of Zones 8 through twelve into the District. For Fiscal Year 2007/08, the City is proposing
the annexation of Zone 13 into the District. After approval of the assessment by the property owners,
the City will levy and collect special assessments on the County tax rolls to provide continued funding
for the costs and expenses required for maintenance of the improvements within the District. The
District is levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code (the Act), and in compliance with the substantive and
procedural requirements of the California Constitution Article XIIID.
This Engineer's Report ("Report") describes the proposed annexation (the "Annexation") of Zone 13
into the District and assessments to be levied against properties within the Annexation for Fiscal Year
2007/08. The assessments described herein are based on the estimated cost to operate service and
maintain improvements that will provide a direct and special benefit to properties within the District.
All improvements to be operated, serviced and maintained through annual assessments were or will
be constructed and installed in connection with the development or for the benefit of these properties.
The annual costs and assessments described herein include all estimated direct expenditures,
incidental expenses, deficits, surpluses, revenues, and reserves associated with the maintenance
and servicing of the improvements.
The word "parcel," for the purposes of this Report, refers to an individual property assigned its own
Assessment Number by the County of San Joaquin Assessor's Office. The County of San Joaquin
Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties
assessed on the tax roll for special district benefit assessments.
Prepared by NBS 2-1
2.2 Effect of Proposition 218
On November 5, 1996, California voters approved proposition 218 by a margin of 56.5% to 43.5%.
The provisions of the Proposition, now California Articles XIIIC and XIIID, add substantive and
procedural requirements to assessments, which affect the City of Lodi landscape maintenance
assessments.
The proposed assessments for the City of Lodi Consolidated Landscape Maintenance District No.
2003-1, for Fiscal Year 2007/08 are not proposed to increase over the annual rate escalation factor of
the annual San Francisco Bay Area C.P.I. or 5%, which ever is greater, which was approved by
property owners following the assessment balloting procedures set forth in Section 4 SEC. 4 of the
Proposition.
Prepared by NBS 2-2
3. PLANS AND SPECIFICATIONS
During the installation period for each Zone within the Lodi Consolidated Landscape
Maintenance District No. 2003-1, the installer of the improvements will maintain the new
improvements until the following June 30, or such time as funds are available for
maintenance, at which time the new areas shall be incorporated into the areas already being
maintained by the District.
3.1 Description of Facilities for Zone 13
Zone 13 is comprised of 8 industrial parcels; the facilities within Zone 13 of the Lodi
Consolidated Landscape Maintenance District No. 2003-1 that will be operated, serviced,
maintained and improved are generally described as follows:
A. A traffic signal at the intersection of Highway 12 (Victor Road) and Guild Avenue.
B. A 15.0 foot irrigated, landscaped strip in a 16.0 foot median in Victor Road (Highway
12) south of the Zone 13 boundary, extending west from the current City limits for a
distance of 700 feet.
C. A 28.5 foot irrigated landscape strip on the north side of Victor Road (Highway 12),
extending westerly from the current City limits to 231 feet west of the Guild Avenue
intersection centerline and having a total length of 1,485 feet.
D. Street sweeping along the north and south side of Victor Road (Highway 12) and
along the median and curbing from 231 feet west of the Guild Avenue intersection
centerline to the current City limits.
Zone 13 consists of 8 industrial parcels located on Guild Avenue, north of Lockeford Street.
The benefit from facilities within Zone 13 for each lot has been determined based on an
acreage basis. Zone 13 includes 95.28 Dwelling Unit Equivalents (DUE). Please refer to
Section 4 of this Report for a more complete description.
Prepared by NBS 3-1
4. METHOD OF APPORTIONMENT
4.1 Method of Apportionment
Pursuant to the 1972 Act the costs (assessments) of the District are apportioned by a formula or
method that fairly distributes the net amount to be assessed among all parcels in proportion to
benefits received from the improvements. The provisions of Article XIIIC and XIIID of the California
Constitution (Proposition 218) require the agency to separate the general benefit from special benefit,
whereas only special benefits may be assessed.
IMPROVEMENT BENEFIT FINDINGS
The annual assessments outlined in the Budget section of this Report are proposed to cover the
estimated costs to provide all necessary service, operation, administration and maintenance within
the District, by Zone. It has been determined that each assessable parcel within the District receives
proportional special benefits from the improvements. The benefit from the improvements to be
maintained through annual assessments from Zone 13 has been determined to be 16.09% of the
total, based on the acreage and land use zoning of all parcels on Guild Avenue north of Victor Road
(Highway 12) and two parcels having frontage on the south side of Victor Road east of Guild Avenue.
The individual benefit for each parcel with Zone 13 has been determined based on acreage. The
balance of the costs of operating, servicing and maintaining the improvements shall be borne by the
City until such time as the remaining parcels on Guild Avenue, north and south of Victor Road
(Highway 12) are developed or are otherwise required to annex into the District. All improvements to
be maintained and funded through annual assessments were constructed and installed in connection
with or for the benefit of the development of properties within the District, and each parcel's close and
relatively similar proximity to the improvements makes each parcel's special benefit from the
improvements similar and proportionate.
SPECIAL BENEFITS
The method of apportionment (method of assessment) is based on the premise that each of the
assessed parcels within the District receives special benefit from the improvements maintained and
financed by District assessments. Specifically, the assessments associated with each Zone are
outlined in Section 3 of this Report.
DESCRIPTION OF THE METHOD OF APPORTIONMENT
The District provides operation, service and maintenance to all the specific local improvements and
associated appurtenances located within the public right-of-ways in each of the various Zones
throughout the District. The annual assessments are based on the historical and estimated cost to
operate, to service and to maintain the improvements that provide a special benefit to properties
within the District and Zones. The various improvements within each Zone are identified and
budgeted separately, including all expenditures, deficits, surpluses, revenues, and reserves.
The assessments outlined in this section represent the proportionate special benefit to each property
within the District and the basis of calculating each parcel's proportionate share of the annual costs
associated with the District/Zone improvements. The costs associated with the maintenance and
operation of special benefit improvements shall be collected through annual assessments from each
parcel receiving such benefit. The funds collected shall be dispersed and used for only the services
and operation provided to the District.
The basis of determining each parcel's special benefit utilizes a weighting formula commonly known
as a Dwelling Unit Equivalent Factor (dueF). The developed single-family residential parcel is used
as the base unit for calculation of assessments and is defined as one (1.00) dueF. All other property
types are assigned a dueF that reflects their proportional special benefit from the improvements as
compared to the single-family residential parcel (weighted comparison).
Prepared by NBS 4-1
To determine the dueF for industrial parcels, a Benefit Unit Factor (BUF) is assigned to each property
type. This BUF multiplied by the parcel's specific acreage determines the parcel's specific dueF.
Industrial parcels have been assigned a BUF of 4.00 per acre. The following table provides a listing
of the various land use types and the corresponding BUF used to calculate a parcel's dueF and
proportionate benefit:
4.2 Land Use Benefit Factors
PROPERTY TYPE LAND USE ASSIGNED BENEFIT UNIT FACTOR
Industrial 4.00 per Acre
Exempt 0.00
Other Uses The dueF Will Be Established As Required
Exempt — Certain parcels, by reason of use, size, shape or state of development, may be assigned a
zero dueF which will consequently result in a zero assessment for those parcels for that fiscal year.
All parcels having such a zero dueF for the previous fiscal year shall annually be reconsidered to
determine if the reason for assigning the zero dueF is still valid for the next fiscal year. Parcels which
may be expected to have a zero dueF assigned are typically parcels which are all, or nearly all,
publicly landscaped, parcels in public ownership, parcels owned by a public utility company and/or
used for public utilities, public parks, public schools, and remainder parcels too small or narrow for
reasonable residential or commercial use, unless actually in use.
Area Adjustments — Parcels which have an assessment determined by area and which have a
portion of the parcel occupied by public or public utility uses separate from the entitled use and
located in easements, prior to the multiplication by the dueF, shall have the area of the parcel
adjusted to a usable area to reflect the loss or partial loss of the entitled use in those areas. This
reduction shall not apply for normal peripheral and interior lot line public utility easements generally
existing over the whole subdivision.
As noted previously, the District is divided into Zones. These Zones encompass specific
developments where the properties receive a direct and special benefit from the operation, service
and maintenance of those improvements. The basis of benefit and proportionate assessment for all
properties within the District is established by each parcel's calculated dueF and their proportionate
share of the improvement costs based on their proportionate dueF within the Zone. The method
used to calculate the assessments for each Zone is as follows:
Total Balance to Levy / Total dueF = Levy per dueF (Levy Rate)
Parcel's dueF x Levy per dueF (Levy Rate) = Parcel Levy Amount
Prepared by NBS 4-2
ASSESSMENT RANGE FORMULA
Any new or increase in assessments require certain noticing and meeting requirements by law. Prior
to the passage of Proposition 218, legislative changes in the Brown Act defined the definition of "new
or increased assessment" to exclude certain conditions. These conditions included "any assessment
that does not exceed an assessment formula or range of assessments previously adopted by the
agency or approved by the voters in the area where the assessment is imposed." This definition and
conditions were later confirmed through SB919 (Proposition 218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for reasonable increases and
inflationary adjustments to annual assessments without requiring costly noticing and mailing
procedures, which could add to the District costs and assessments.
Generally, if the proposed annual assessment (levy per unit or rate) for the current fiscal year is less
than or equal to the "Maximum Assessment" (or "Adjusted Maximum Assessment"), then the
proposed annual assessment is not considered an increased assessment. The Maximum
Assessment is equal to the initial Assessment approved by property owners adjusted annually by the
following criteria:
1. Beginning in the second fiscal year (Fiscal Year 2008/09) and each fiscal year thereafter, the
Maximum Assessment will be recalculated annually.
2. The new adjusted Maximum Assessment for the year represents the prior year's Maximum
Assessment adjusted by the greater of:
(a) Five percent (5.0%); or,
(b) The annual increase in the Consumer Price Index (CPI).
Each year the annual increase in the CPI shall be computed. The increase in CPI is the percentage
difference between the CPI of December of any given year and the CPI for the previous December as
provided and established by the Bureau of Labor Statistics (example: Fiscal Year 2005/06 CPI
increase is 2.2% over December 2004). This percentage difference (annual difference) shall then
establish the allowed increase based on CPI. The Consumer Price Index used shall be based on the
CPI established by the Bureau of Labor Statistics for all urban consumers for the San Francisco -
Oakland -San Jose Area. Should the Bureau of Labor Statistics revise such index or discontinue the
preparation of such index, the City shall use the revised index or comparable system as approved by
the City Council for determining fluctuations in the cost of living.
If CPI is less than five percent (5.0%), then the allowable adjustment to the Maximum Assessment is
five percent. If CPI is greater than five percent (5.0%), then the allowable adjustment to the
Maximum Assessment is based on CPI. The Maximum Assessment is adjusted annually and is
calculated independent of the District's annual budget and proposed annual assessment. Any
proposed annual assessment (rate per levy unit) less than or equal to this Maximum Assessment is
not considered an increased assessment, even if the proposed assessment is greater than the
assessment applied in the prior fiscal year.
The following table illustrates how the assessment range formula shall be applied. For example, if
the percentage change in CPI is greater than five percent (5.0%), as in Example 1, then the
percentage adjustment to the Maximum Assessment will be by CPI. If the percentage change in CPI
is less than five percent (5.0%), as in Example 2, then the percentage adjustment to the Maximum
Assessment will be five percent (5.0%).
Prepared by NBS 4-3
Examples of Percentage Increases
As previously illustrated, the Maximum Assessment will be recalculated and adjusted annually.
However, the City Council may reduce or freeze the Maximum Assessment at any time by amending
the Engineer's Annual Report.
Although the Maximum Assessment will normally increase each year, the actual District assessments
may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a
reasonable limit on District assessments. The Maximum Assessment calculated each year does not
require or facilitate an increase to the annual assessment, nor does it restrict assessments to the
adjusted maximum amount. If the budget and assessments for the fiscal year does not require an
increase, or the increase is less than the adjusted Maximum Assessment, then the required budget
and assessment may be applied without additional property owner balloting. If the budget and
assessments calculated requires an increase greater than the adjusted Maximum Assessment then
the assessment is considered an increased assessment. To impose an increased assessment the
City Council must comply with the provisions of Proposition 218 (Article XIIID Section 4c of the
California Constitution). Proposition 218 requires a Public Hearing and certain protest procedures
including mailed notice of the Public Hearing and property owner protest balloting. Property owners,
through the balloting process, must approve the proposed assessment increase. If the proposed
assessment is approved, then a new Maximum Assessment is established for the District. If the
proposed assessment is not approved, the City Council may not levy an assessment greater than the
adjusted Maximum Assessment previously established for the District.
Prepared by NBS 4-4
Allowed
CPI
Maximum %
Prior Years
Allowed
New
Calculated
Standard
Increase
Maximum
Adjustment
Maximum
Percentage
5%
Without Re-
Rate
Per
Rate Per
Example
Increase
Increase
Balloting
Per dueF
dueF
dueF
1
5.25%
5.00%
5.25%
$347.00
18.22
$365.22
2
2.20%
5.00%
5.00%
$347.00
17.35
$364.35
As previously illustrated, the Maximum Assessment will be recalculated and adjusted annually.
However, the City Council may reduce or freeze the Maximum Assessment at any time by amending
the Engineer's Annual Report.
Although the Maximum Assessment will normally increase each year, the actual District assessments
may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a
reasonable limit on District assessments. The Maximum Assessment calculated each year does not
require or facilitate an increase to the annual assessment, nor does it restrict assessments to the
adjusted maximum amount. If the budget and assessments for the fiscal year does not require an
increase, or the increase is less than the adjusted Maximum Assessment, then the required budget
and assessment may be applied without additional property owner balloting. If the budget and
assessments calculated requires an increase greater than the adjusted Maximum Assessment then
the assessment is considered an increased assessment. To impose an increased assessment the
City Council must comply with the provisions of Proposition 218 (Article XIIID Section 4c of the
California Constitution). Proposition 218 requires a Public Hearing and certain protest procedures
including mailed notice of the Public Hearing and property owner protest balloting. Property owners,
through the balloting process, must approve the proposed assessment increase. If the proposed
assessment is approved, then a new Maximum Assessment is established for the District. If the
proposed assessment is not approved, the City Council may not levy an assessment greater than the
adjusted Maximum Assessment previously established for the District.
Prepared by NBS 4-4
5. ESTIMATE OF COSTS
5.1 Description of Budget Items
The following items make up the Estimate of Costs used in determining the Annual Assessments of
the District. The specific Zones within the District are shown in Section 3 of this Report. Definitions
of maintenance items, words and phrases are shown below:
Fiscal Year— One year period of time beginning July 1St of a given year and ending June 30th of the
following year.
Landscape Areas — The estimated cost of labor, material, supplies, water and electric energy
necessary for maintaining and servicing the trees, shrubs, turf, ground cover, etc within the median
and landscaped strip of the District.
Traffic Signals — The estimated costs to provide maintenance, repair and electric energy to the traffic
signals and street lights within the District.
Street Sweeping — The estimated cost provide street sweeping services within the District.
Consultants — Costs associated with outside consultant fees in order to comply with Assessment Law
and placement of assessments onto the San Joaquin County Tax Roll each year.
Publication — Costs associated with the publishing, posting and mailing of any required notices each
year.
City Administration — Costs attributable to the City of Lodi related to District administration and
management each year.
County Administration — Costs of the County of San Joaquin related to the placement of assessments
on the tax roll each year.
Landscape Reserves/Contingencies — An amount of 50% of the maintenance costs may be included
to build a Reserve and Contingency Fund. The Landscaping and Lighting Act of 1972, Part 2,
Division 15 of the Streets and Highways Code of the State of California, commencing with Section
22500, allows the District assessments to "...include a reserve which shall not exceed the estimated
costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to
receive its apportionment of special assessments and tax collections from the county, whichever is
later."
Total Dwelling Unit Equivalent Factor — Dwelling Unit Equivalent Factor (dueF) is a numeric value
calculated for each parcel based on the parcel's land use. The dueF shown in the District/Zone
budget represents the sum total of all parcel dueF's that receive benefit from the improvements.
Refer to Section III for a more complete description of dueF's.
Estimated Assessment per DUE — This amount represents the rate being applied to each parcel's
individual dueF. The Levy per Dwelling Unit Equivalent Factor is the result of dividing the Total
Estimated Assessment, by the sum of the District dueF's, for the fiscal year. This amount is always
rounded down to the nearest even penny for tax bill purposes.
Prepared by NBS 5-1
5.2 District Budget
Zone 13 - Guild Avenue Industrial Budget
DESCRIPTION
MAXIMUM
ASSESSMENT
2007/08
BUDGET
Operation Costs: (1)
Landscape Areas
Landscape Maintenance — Median
$2,500
$0
Landscape Maintenance — Strip
4,612
4,612
Repair/Replacement
12
8
Water
10
7
Electricity
7
5
Sub -Total Landscape Costs:
$7,141
$4,632
Traffic Signals
Repair/Maintenance
$641
$0
Electricity — Signal
41
0
Electricity — Street Light
83
0
Sub -Total Traffic Signal Costs
$ 765
-
$ 0
Street Sweeping
$142
$0
Sub -Total Operations Costs
$8,048
$4,632
Administration Costs: (2)
Consultants
$48
$48
Publication
7
7
City Administration Fee
101
101
County Administration Fee
10
10
Contingency
813
468
Sub -Total Administration Costs:
$ 979
$ 634
BUDGET TOTAL
$9,027
$5,266
Replacement Reserve (s
Landscape
1 $80 1
$48
TOTAL ESTIMATED ASSESSMENT
$9,107
$5,314
TOTAL dueF
94.06
94.06
ESTIMATED ASSESSMENT PERDUE
$ 97
$ 56
(1) Includes landscape maintenance, repair, replacement, water, installation and electricity costs.
(Z) Includes Consultants, City & County administration, publication costs and contingency.
(s) Includes landscape and irrigation equipment replacement costs.
Prepared by NBS 5-2
5.3 Landscape Reserve Information
Zone 13 Landscape Reserve Information
DESCRIPTION
AMOUNT
Landscape Reserve Beginning Balance — June 30, 2007
$0.00
Contribution to Landscape Reserves
300.00
LANDSCAPE RESERVE ENDING BALANCE — JUNE 30, 2008
$ 300.00
Prepared by NBS 5-3
6. ASSESSMENT DIAGRAM
An Assessment Diagram for Zone 13 of the City of Lodi Consolidated Landscape Maintenance
District No. 2003-1 has been submitted to the City Clerk in the format required under the provisions of
the Act. The lines and dimensions shown on maps of the County Assessor of the County of San
Joaquin for the current year are incorporated by reference herein and made part of this Report.
Prepared by NBS 6-1
7. ASSESSMENT ROLL
The parcel listing of assessments is provided below. The description of each lot or parcel as part
of the records of the County Assessor of the County of San Joaquin are, by reference, made part
of this Report.
ASSESSMENT ROLL
ZONE
APN
Acreage
Type
AMT PER
dueF
dueF
FY 2007/08
ASSESSMENT
13
049-040-091
13.820
Industrial
$56.49
55.28
$3,122.76
13
049-080-016
5.000
Industrial
$56.49
20.00
$1,129.80
13
Por. Of 049-080-017
0.459
Industrial
$56.49
1.84
$103.94
13
Por. Of 049-080-017
0.571
Industrial
$56.49
2.28
$128.80
13
Por. Of 049-080-017
0.570
Industrial
$56.49
2.28
$128.80
13
Por. Of 049-080-017
0.606
Industrial
$56.49
2.42
$136.70
13
Por. Of 049-080-017
1.917
Industrial
$56.49
7.67
$433.28
13
Por. Of 049-080-017
0.572
Industrial
$56.49
2.29
$129.36
Sub -Total
23.515
94.06
$5,313.44
Future
049-040-92
0.832
Industrial
$56.49
3.33
0
Future
049-080-05
13.500
Industrial
$56.49
54.00
0
Future
049-080-07
4.490
Industrial
$56.49
17.96
0
Future
049-080-18
5.000
Industrial
$56.49
20.00
0
Future
049-080-19
5.000
Industrial
$56.49
20.00
0
Future
049-080-28
5.000
Industrial
$56.49
20.00
0
Future
049-080-74
2.590
Industrial
$56.49
10.36
0
Future
049-080-77
4.790
Industrial
$56.49
19.16
0
Future
049-080-81
5.190
Industrial
$56.49
20.76
0
Future
049-080-82
0.551
Industrial
$56.49
2.20
0
Future
049-080-83
38.530
Industrial
$56.49
154.12
0
Future
049-040-19
10.000
Industrial
$56.49
40.00
0
Future
049-040-47
27.130
Industrial
$56.49
108.52
0
TOTAL:
122.603
490.41
$ 0.00
Prepared by NBS 7-1
MAXIMUM ASSESSMENT ROLL
ZONE
APN
Acreage
Type
AMT PER
dueF
dueF
FY 2007/08 MAX
ASSESSMENT
13
049-040-091
13.820
Industrial
$96.82
55.28
$5,352.20
13
049-080-016
5.000
Industrial
$96.82
20.00
$1,936.40
13
Por. Of 049-080-017
0.459
Industrial
$96.82
1.84
$178.14
13
Por. Of 049-080-017
0.571
Industrial
$96.82
2.28
$220.74
13
Por. Of 049-080-017
0.570
Industrial
$96.82
2.28
$220.74
13
Por. Of 049-080-017
0.606
Industrial
$96.82
2.42
$234.30
13
Por. Of 049-080-017
1.917
Industrial
$96.82
7.67
$742.60
13
Por. Of 049-080-017
0.572
Industrial
$96.82
2.29
$221.72
Sub -Total
23.515
94.06
$9,106.84
Future
049-040-92
0.832
Industrial
$96.82
3.33
0
Future
049-080-05
13.500
Industrial
$96.82
54.00
0
Future
049-080-07
4.490
Industrial
$96.82
17.96
0
Future
049-080-18
5.000
Industrial
$96.82
20.00
0
Future
049-080-19
5.000
Industrial
$96.82
20.00
0
Future
049-080-28
5.000
Industrial
$96.82
20.00
0
Future
049-080-74
2.590
Industrial
$96.82
10.36
0
Future
049-080-77
4.790
Industrial
$96.82
19.16
0
Future
049-080-81
5.190
Industrial
$96.82
20.76
0
Future
049-080-82
0.551
Industrial
$96.82
2.20
0
Future
049-080-83
38.530
Industrial
$96.82
154.12
0
Future
049-040-19
10.000
Industrial
$96.82
40.00
0
Future
049-040-47
27.130
Industrial
$96.82
108.52
0
TOTAL:
122.603
490.41
$ 0.00
Prepared by NBS 7-2
RESOLUTION NO. 2007-27
A RESOLUTION OF THE LODI CITY COUNCIL DECLARING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT
REGARD04G THE PROPOSED ANNEXATION OF TERRITORY
INTO THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 2003-1 AND LEVY AND COLLECTION
OF ASSESSMENTS FOR FISCAL YEAR 2007-08
WHEREAS, the Lodi City Council, pursuant to the provisions of the Landscape
and Lighting Act of 1972, Part 2, Division 15, of the California Streets and Highways
Code (commencing with Section 22500) (hereafter referred to as the "Act"), did by
previous Resolution order the preparation of an Engineer's Report (hereafter referred to
as the "Report") for the proposed annexation of territory into the Lodi Consolidated
Landscape Maintenance District No. 2003-1. The proposed annexation shall be known
and designated as:
ZONE 13 — GUILD AVENUE INDUSTRIAL
WHEREAS, there has now been presented to this City Council the Report as
required by Chapter 2, Article 1, Section 22586 of said Act; and
WHEREAS, the City has carefully examined and reviewed the Report as
presented and is preftinarily satisfied with the proposed annexation, each and all of the
budgets items and documents as set forth therein, and is satisfied that the levy
amounts, on a preliminary basis, have been spread in accordance with the special
benefit received from the improvements, operation, maintenance, and services to be
performed within the District, as set forth in said Report.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: That the "Report' as presented is hereby approved on a preliminary
basis, ordered to be filed in the Office of the City Clerk as a permanent
record and to remain open to public inspection, and consists of the
following:
A. Description of Improvements.
B. The Annual Budget (Costs and Expenses of Services, Operations
and Maintenance)
C. The District Roll containing the Fiscal Year 2007-08 Levy for each
Assessor Parcel within the District.
SECTION 3: That the City Clerk shall certify to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the
preserit$tion of the Report.
Dated: February 21, 2007
I hereby certify that Resolution No. 2007-27 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 21, 2007, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, .
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
4ANDIJ
City Clerk
2007-27
City of Lodi
Lodi Consolidated Landscape
Maintenance District No. 2003-1
Zone 13 - GUILD Avenue II4DUSTRIAL
2007108 Preliminary Engineer's Report
February 2007
Prepared by
N I B I S
Corporate Office
Regional Office
32605 Highway 79 South, Suite 100
870 Market Street, Suite 901
Temecula, CA 92592
San Francisco, CA 94102
(800) 676-7516 phone
(800) 434-8349 phone
(951) 246-1998 fax
(415) 391-8439 fax
CITY OF LODI
LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-l'
221 W. Pine Street
Lodi, California 95240
Phone - (209) 333-6706
Fax - (209) 333-6607
CITY COUNCIL
Bob Johnson, Mayor
Joanne Mounce, Mayor Pro Tem
Larry D. Hansen, Council Member
Susan Hitchcock, Council Member
Phil Katzakian, Council Member
CITY STAFF
Blair King, City Manager
James Krueger, Deputy City Manager
Randi Johl, City Clerk
D. Stephen Schwabauer, City Attorney
Richard Prima, Public Works Director
Wally Sandelin, City Engineer
NIBS
Greg Davidson, Client Services Director
Rick Clark, Project Manager
TALE OF CONTENTS
1. ENGINEER'S LETTER...................................................................1-1
2. OVERVIEW....................................................................................2-1
2.1 INTRODUCTION....................................................................:.......................... 2-1
2.2 EFFECT OF PROPOSITION 21$......................................................................... 2-2
3. PLANS AND SPECIFICATIONS....................................................3-1
3.1 DESCRIPTION OF FACILITIES FOR ZONE 13 ........................................................ 3-1
4. METHOD OF APPORTIONMENT..................................................4-1
4.1 METHOD OF APPORTIONMENT.......................................................................... 4-1
4.2 LAND USE BENEFIT FACTORS.......................................................................... 4-2
5. ESTfIMTE OF COSTS...................................................................5-1
5.1 DESCRIPTION OF BUDGET ITEMS...................................................................... 5-1
5.2 DISTRICT BUDGET.......................................................................................... 5-2
5.3 LANDSCAPE RESERVE INFORMATION................................................................ 5-3
6. ASSESSMENT DIAGRAMS...........................................................6-1
7. ASSESSMENT ROLL....................................................................7-1
1. Edi GNVEER- S LETTER
WHEREAS, on February 21, 2007, the City Council of the City of Lodi (the "City"), State of
California, directed NB$ Government Finance Group, DBA NBS ("NBS') to prepare and file a report
presenting plans and specifications describing the general nature, location and extent of the
improvements to be maintained, an estimate of the costs of the maintenance, operations and
servicing of the improvements for the City of Lodi Consolidated Landscape Maintenance District No.
2003-1, Annexation No. 2 (or the "District") for Fiscal Year 2007108. The report includes a diagram
for the District, showing the area and properties proposed to be assessed, an assessment of the
estimated costs of the maintenance, operations and servicing the improvements, and the net amount
upon all assessable lots and/or parcels within the District in proportion to the special benefit received;
NOW THEREFORE, the following assessment is made to cover the portion of the estimated
costs of maintenance, operation and servicing of said improvements to be paid by the assessable
real property within the District in proportion to the special benefit received:
SUMMARY OF ASSNS$MENT
Deg2ription
2007108
Assessment
Maximum
Assessmen
t
As
Confirmed
by Council
Zone 13 — Guild Ave Industrial
$5,313.44
$9,106.84
Zone 13 Dwellng UnitjEquivalent Factor "dueF"
94.06
94.06
Assessment Rete Per OueF
1 $ 56.49
$ 96.82
I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my
knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment
Diagram herein have been prepared and computed in accordance with the order of the City Council
of the City of Lodi.
Waft Sandelin, P.E., tftineer of Work
Date:
Seal
Prepared by NBS 1-1 .
2. OVERVIEW
2.1 introduction
The City of Lodi ("City") proposes to levy special benefit assessments for the Lodi Consolidated
Landscape Maintenance District No. 2003-1 ("District") for Fiscal Year 2007108. The City currently
has consolidated twelve landscape maintenance districts into a single district, the "Lodi Consolidated
Landscape Maintenance District No. 2003-1". In response to the provisions of the California
Constitution Article XIIIC and XIIID (Proposition 218), in 2003 a separate Engineer's Report was
prepared for each of the first two Zones (Zones 1 and 2) of the Lodi Consolidated Landscape
Maintenance District. The City conducted property owner balloting proceedings for the assessments
in Fiscal Year 2004105. After approval of the assessment by the property owners, the City began to
levy and collect special assessments on the County tax rolls to provide continued funding for the
costs and expenses required for maintenance of the improvements within the District. In 2004 a
separate Engineer's Report was prepared for each of the next five Zones (Zones 3 thru 7) of the Lodi
Consolidated Landscape Maintenance District. The City conducted property owner balloting
proceedings for Zones 3 and 4 for the assessments in Fiscal Year 2004105 and the City conducted
property owner balloting proceedings for Zones 5 through 7 for the assessments in Fiscal Year
2005106. For Fiscal Year 2006107, the City conducted property owner balloting proceedings for the
annexation of Zones 8 through twelve into the District. For Fiscal Year 2007108, the City is proposing
the annexation of Zone 13 into the District. After approval of the assessment by the property owners,
the City will levy and coNect special assessments on the County tax rolls to provide continued funding
for the costs and expenses required for maintenance of the improvements within the District. The
District is levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code (the Act), and in compliance with the substantive and
procedural requirements of the California Constitution Article XIIID.
This Engineer's Report ("Report") describes the proposed annexation (the "Annexation") of Zone 13
into the District and assessments to be levied against properties within the Annexation for Fiscal Year
2007108. The assessments described herein are based on the estimated cost to operate service and
maintain improvements that will provide a direct and special benefit to properties within the District.
All improvements to be operated, serviced and maintained through annual assessments were or will
be constructed and instSlled in connection with the development or for the benefit of these properties.
The annual costs and assessments described herein include all estimated direct expenditures,
incidental expenses, deficits, surpluses, revenues, and reserves associated with the maintenance
and servicing of the improvements.
The word "parcel," for the purposes of this Report, refers to an individual property assigned its own
Assessment Number by the County of San Joaquin Assessor's Office. The County of San Joaquin
Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties
assessed on the tax roll for special district benefit assessments.
Prepared by NBS 2-1
2.2 Lifter# of P!pos on 298
On November 5, 1996, California voters approved proposition 218 by a margin of 56.6% to 43.5%.
The provisions of the Proposition, now California Articles XIIIC and XIIID, add substantive and
procedural requirements to assessments, which affect the City of Lodi landscape maintenance
assessments.
The proposed assessments for the City of Lodi Consolidated Landscape Maintenance District No.
2003-1, for Fiscal Year 2007108 are not proposed to increase over the annual rate escalation'factor of
the annual San Francisco Bay Area C.P.I. or 5%, which ever is greater, which was approved by
property owners following the assessment balloting procedures set forth in Section 4 SEC. 4 of the
Proposition.
Prepared by NBS 2-2
3. PLANS AND SPEC F>CATIONS
During the Installatbri period for each Zone within the Lodi Consollalated Landscape
Mince District No. 2003-1, the installer of the Improvements will maintain the new
improvements until the following June 30, or such time as funds are available for
maintenance, at which time the new areas shall be Incorporated Into the areas already being
maintained by the District.
3.1 Aeseripti�n of Facilities for Zone 13
Zone 13 is comprised of 8 industrial parcels; the facilities within Zone 13 of the Lodi
Consolidated Landscape Maintenance District No. 2003-1 that will be operated, serviced,
maintained and improved are generally described as follows:
A. A traffic signal at the intersection of Highway 12 (Victor Road) and Guild Avenue.
B. A 15.0 foot irrigated, landscaped strip in a 16.0 foot median in Victor Road (Highway
12) south of the Zone 13 boundary, extending west from the current City limits for a
distance of 700 feet.
C. A 28.5foot irrigated landscape strip on the north side of Victor Road (Highway 12),
extending westerly from the current City limits to 231 feet west of the Guild Avenue
intersection centerline and having a total length of 1,485 feet.
D. Street sweeping along the north and south side of Victor Road (Highway 12) and
Wong the median and curbing from 231 feet west of the Guild Avenue intersection
centerline to the current City limits.
Zone 13 consists of 8 industrial parcels located on Guild Avenue, north of Lockeford Street.
The benefit from facilities within Zone 13 for each lot has been determined based on an
acreage basis. Zone 13 includes 95.28 Dwelling Unit Equivalents (DUE). Please refer to
Section 4 of this Report for a more complete description.
Prepared by NBS 3-1
4. METHOD OF APPORTIONM NT
4.1 Method ofApporWonment
Pursuant to the 1972 Act the costs (assessments) of the District are apportioned by a formula or
method that fairly distributes the net amount to be assessed among all parcels in proportion to
benefits received from the improvements. The provisions of Article XIIIC and XIIID of the California
Constitution (Proposition 218) require the agency to separate the general benefit from special benefit,
whereas only special benefits may be assessed.
IMPROVEMENT BENEFIT FINDINGS
The annual assessments outlined in the Budget section of this Report are proposed to cover the
estimated costs to provide all necessary service, operation, administration and maintenance within
the District, by Zone. It has been determined that each assessable parcel within the District receives
proportional special benefits from the improvements. The benefit from the improvements to be
maintained through annual assessments from Zone 13 has been determined to be 16.09% of the
total, based on the acreage and land use zoning of all parcels on Guild Avenue north of Victor Road
(Highway 12) and two parcels having frontage on the south side of Victor Road east of Guild Avenue.
The individual benefit for each parcel with Zone 13 has been determined based on acreage. The
balance of the costs of operating, servicing and maintaining the improvements shall be borne by the
City until such time as the remaining parcels on Guild Avenue, north and south of Victor Road
(Highway 12) are developed or are otherwise required to annex into the District. All improvements to
be maintained and funded through annual assessments were constructed and installed in connection
with or for the benefit of the development of properties within the District, and each parcel's dose and
relatively similar proximity to the improvements makes each parcel's special benefit from the
improvements similar and proportionate.
SPECIAL BENEFITS
The method of apportitmment (method of assessment) is based on the premise that each of the
assessed parcels within the District receives special benefit from the improvements maintained and
financed by District assessments. Specifically, the assessments associated with each Zone are
outlined in Section 3 of this Report.
DESCRIPTION OF THE METHOD OF APPORTIONMENT
The District provides operation, service and maintenance to all the specific local improvements and
associated appurtenances located within the public right-of-ways in each of the various Zones
throughout the District. The annual assessments are based on the historical and estimated cost to
operate, to service and to maintain the improvements that provide a special benefit to properties
within the District and Zones. The various improvements within each Zone are identified and
budgeted separately, including all expenditures, deficits, surpluses, revenues, and reserves.
The assessments outlined in this section represent the proportionate special benefit to each property
within the District and the basis of calculating each parcel's proportionate share of the annual costs
associated with the District/Zone improvements. The costs associated with the maintenance and
operation of special benefit improvements shall be collected through annual assessments from each
parcel receiving such benefit. The funds collected shall be dispersed and used for only the services
and operation provided to the District.
The basis of determining each parcel's special benefit utilizes a weighting formula commonly known
as a Dwelling Unit Equivalent Factor (dueF). The developed single-family residential parcel is used
as the base unit for calculation of assessments and is defined as one (1.00) dueF. All other property
types are assigned a dueF that reflects their proportional special benefit from the improvements as
compared to the single-family residential parcel (weighted comparison).
Prepared by NBS 4-1
To determine the dueF for industrial parcels, a Benefit Unit Factor (BUF) is assigned to each property
type. This BUIF multioiied by the parcel's specific acreage determines the parcel's specific dueF.
Industrial parcels have been assigned a BUF of 4.00 per acre. The following table provides a listing
of the various land use types and the corresponding BUF used to calculate a parcel's dueF and
proportionate benefit:
4.2 Land Use PWnefit Factors
PWPE-RJ TYPIE LAND USE ASMW UNEM LOUT FACTOR
Industrial 4.00 per Acre
Exempt 0.00
Other Uses The dueF Will Be Established As Required
Exempt — Certain parcels, by reason of use, size, shape or state of development, may be assigned a
zero dueF which will consequently result in a zero assessment for those parcels for that fiscal year.
All parcels having such a zero dueF for the previous fiscal year shall annually be reconsidered to
determine if the reason for assigning the zero dueF is still valid for the next fiscal year. Parcels which
may be expected to have a zero dueF assigned are typically parcels which are all, or nearly all,
publicly landscaped, parcels in public ownership, parcels owned by a public utility company and/or
used for public utilities, public parks, public schools, and remainder parcels too small or narrow for
reasonable residential or commercial use, unless actually in use.
Area Adjustments — Parcels which have an assessment determined by area and which have a
portion of the parcel occupied by public or public utility uses separate from the entitled use and
located in easements, prior to the multiplication by the dueF, shall have the area of the parcel
adjusted to a usable area to reflect the loss or partial loss of the entitled use in those areas. This
reduction shall not apply for normal peripheral and interior lot line public utility easements generally
existing over the whole subdivision.
As noted previously, the District is divided into Zones. These Zones encompass specific
developments where the properties receive a direct and special benefit from the operation, service
and maintenance of these improvements. The basis of benefit and proportionate assessment for all
properties within the District is established by each parcel's calculated dueF and their proportionate
share of the improvement costs based on their proportionate dueF within the Zane. The method
used to calculate the assessments for each Zone is as follows:
Total Balance to Levy / Total dueF = Levy per dueF (Levy Rate)
Parcel's dueF x Levy per dueF (Levy Rate) = Parcel Levy Amount
Prepared by NIBS 4-2
ASSESWENT RANGIIk FORMULA
Any new or increase in assessments require certain noticing and meeting requirements by law. Prior
to the passage of Proposition 218, legislative changes in the Brown Act defined the definition of "new
or increased assessment" to exclude certain conditions. These conditions included "any assessment
that does not exceed an assessment formula or range of assessments previously adopted by the
agency or approved by the voters in the area where the assessment is imposed." This definition and
conditions were later confirmed through SB919 (Proposition 218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for reasonable increases and
inflationary adjustments to annual assessments without requiring costly noticing and mailing
procedures, which could add to the District costs and assessments.
Generally, if the proposed annual assessment (levy per unit or rate) for the current fiscal year is less
than or equal to the "Maximum Assessment" (or "Adjusted Maximum Assessment"), then the
proposed annual assessment is not considered an increased assessment. The Maximum
Assessment is equal to the initial Assessment approved by property owners adjusted annually by the
following criteria:
1. Beginning in the second fiscal year (Fiscal Year 2008109) and each fiscal year thereafter, the
Maximum Assessment will be recalculated annually.
2. The new adjusted Maximum Assessment for the year represents the prior year's Maximum
Assessment adjusted by the greater of:
(a) Five percent (5.0%); or,
(b) The annual increase in the Consumer Price Index (CPI).
Each year the annual increase in the CPI shall be computed. The increase in CPI is the percentage
difference between the CPI of December of any given year and the CPI for the previous December as
provided and established by the Bureau of Labor Statistics (example: Fiscal Year 2005106 CPI
increase is 2.2% over December 2004). This percentage difference (annual difference) shall'then
establish the allowed increase based on CPI. The Consumer Price Index used shall be based on the
CPI established by the Bureau of Labor Statistics for all urban consumers for the San Francisco -
Oakland -San Jose Area. Should the Bureau of Labor Statistics revise such index or discontinue the
preparation of such index, the City shall use the revised index or comparable system as approved by
the City Council for determining fluctuations in the cost of living.
If CPI is less than five percent (5.0%), then the allowable adjustment to the Maximum Assessment is
five percent. If CPI is greater than five percent (5.0%), then the allowable adjustment to the
Maximum Assessment is based on CPI. The Maximum Assessment is adjusted annually and is
calculated independent of the District's annual budget and proposed annual assessment. Any
proposed annual assessment (rate per levy unit) less than or equal to this Maximum Assessment is
not considered an increased assessment, even if the proposed assessment is greater than the
assessment applied in the prior Fiscal year.
The following table illustrates how the assessment range formula shall be applied. For example, if
the percentage change in CPI is greater than five percent (5.0%), as in Example 1, then the
percentage adjustment to the Maximum Assessment will be by CPI. If the percentage change in CPI
is less than five percent (5.0%), as in Example 2, then the percentage adjustment to the Maximum
Assessment will be five percent (5A%).
Prepared by IBS 4-3
Examples of Percentage Increases
As previously illustrated, the Maximum Assessment will be recalculated and adjusted annually.
However, the City Council may reduce or freeze the Maximum Assessment at any time by amending
the Engineer's Annual Deport.
Although the Maximum Assessment will normally increase each year, the actual District assessments
may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a
reasonable limit on Dis#tict assessments. The Maximum Assessment calculated each year does not
require or facilitate an increase to the annual assessment, nor does it restrict assessments to the
adjusted maximum amount. If the budget and assessments for the fiscal year does not require an
increase, or the increase is less than the adjusted Maximum Assessment, then the required budget
and assessment may be applied without additional property owner balloting. If the budget and
assessments calculated requires an increase greater than the adjusted Maximum Assessment then
the assessment is considered an increased assessment. To impose an increased assessment the
City Council must comply with the provisions of Proposition 218 (Article XIIID Section 4c of the
California Constitution), Proposition 218 requires a Public Hearing and certain protest procedures
including mailed notice of the Public Hearing and property owner protest balloting. Property owners,
through the balloting process, must approve the proposed assessment increase. If the proposed
assessment is approved, then a new Maximum Assessment is established for the District. If the
proposed assessment is not approved, the City Council may not levy an assessment greater than the
adjusted Maximum Assessment previously established for the District.
Prepared by NBS 44
Allowed
CPI
Maximum %
Prior Years
Allowed
New
Calculated
Standard
Increase
Maximum
Adjustment
Maximum
Percentage
5%
Without Re-
Rate
Per
Rate Per
Example
Increase.Increase
BallotinS
Per dueF
dueF
dueF
1
5.25%
5.00%
5.25%
$347.00
18.22
$365.22
2
2.20%
5.00%
5.00%
$347.00
17.35
$364.35
As previously illustrated, the Maximum Assessment will be recalculated and adjusted annually.
However, the City Council may reduce or freeze the Maximum Assessment at any time by amending
the Engineer's Annual Deport.
Although the Maximum Assessment will normally increase each year, the actual District assessments
may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a
reasonable limit on Dis#tict assessments. The Maximum Assessment calculated each year does not
require or facilitate an increase to the annual assessment, nor does it restrict assessments to the
adjusted maximum amount. If the budget and assessments for the fiscal year does not require an
increase, or the increase is less than the adjusted Maximum Assessment, then the required budget
and assessment may be applied without additional property owner balloting. If the budget and
assessments calculated requires an increase greater than the adjusted Maximum Assessment then
the assessment is considered an increased assessment. To impose an increased assessment the
City Council must comply with the provisions of Proposition 218 (Article XIIID Section 4c of the
California Constitution), Proposition 218 requires a Public Hearing and certain protest procedures
including mailed notice of the Public Hearing and property owner protest balloting. Property owners,
through the balloting process, must approve the proposed assessment increase. If the proposed
assessment is approved, then a new Maximum Assessment is established for the District. If the
proposed assessment is not approved, the City Council may not levy an assessment greater than the
adjusted Maximum Assessment previously established for the District.
Prepared by NBS 44
5. ESTAWATE OF COSTS
5.1 Description of Bridget Items
The following items make up the Estimate of Costs used in determining the Annual Assessments of
the District. The specific Zones within the District are shown in Section 3 of this Report. Definitions
of maintenance items, words and phrases are shown below:
Fiscal Year— One year period of time beginning July 1$' of a given year and ending June 3e of the
following year.
Landscape Areas — The estimated cost of labor, material, supplies, water and electric energy
necessary for maintaining and servicing the trees, shrubs, turf, ground cover, etc within the median
and landscaped strip of the District.
Trak Signals — The estimated costs to provide maintenance, repair and electric energy to the traffic
signals and street lights within the District.
Street Sweeping — The estimated cost provide street sweeping services within the District.
Consultants — Costs associated with outside consultant fees in order to comply with Assessment Law
and placement of assessments onto the San Joaquin County Tax Roll each year.
Publication — Costs associated with the publishing, posting and mailing of any required notices each
year.
City Administration — Costs attributable to the City of Lodi related to District administration and
management each year.
County Administration — Costs of the County of San Joaquin related to the placement of assessments
on the tax roll each year.
Landscape ReserveslContingencies — An amount of 50% of the maintenance costs may be included
to build a Reserve and Contingency Fund. The Landscaping and Lighting Act of 1972, Part 2,
Division 15 of the Streets and Highways Code of the State of California, commencing with Section
22500, allows the District assessments to "...include a reserve which shall not exceed the estimated
costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to
receive its apportionment of special assessments and tax collections from the county, whichever is
later."
Total Dwelling Unit Equivalent Factor — Dwelling Unit Equivalent Factor (dueF) is a numeric value
calculated for each parcel based on the parcel's land use. The dueF shown in the District/Zone
budget represents the sum total of all parcel dueF's that receive benefit from the improvements.
Refer to Section III for a more complete description of dueF's.
Estimated Assessment per DUE — This amount represents the rate being applied to each parcel's
individual dueF. The Levy per Dwelling Unit Equivalent Factor is the result of dividing the Total
Estimated Assessment, by the sum of the District dueF's, for the fiscal year. This amount is always
rounded down to the nearest even penny for tax bill purposes.
Prepared by NOS 5-1
5_2 Dis&kt BgWget
:Zone 13 - Guild Avenue Industrial Beset
DESCRIPTION
M IMUM
ASSESSMENT
2007M
BUDGET
Operation Costs: (,)
Landscape Areas
Landscape Maintenance — Median
$2,500
$0
Landscape Maintehance — Strip
4,612
4,612
Repair/Replacement
12
8
Water
10
7
Electricity
7
5
Sub -Total Landsc Costs:
$7,141
$4,632
Traffic Signals
Repair/Maintenance
$641
$0
Electricity — Signal
41
0
Electricity — Street Light
83
0
Sub -Total Trafik nal Costs
$ 765
$ 0
Street Sweeping
$142
$0
Seib -Total Operations Costs
$8,048
$4,632
Administration Coss: (2)
Consultants
$48
$48
Pubkation
7
7
City Administration Fee
101
101
County Administralon Fee
10
10
Contingency
813
468
Sub -Total Administration Costs:
$ 979
$ 634
BUDGET TOTAL
$9,027
$5,266
Replacement Rssetve J3
Lam
$80
$48
TOTAL ESTIMATED ASSESSMENT
$9,107
$5,314
TOTAL dueF
94.06
94.05
ESTIMATED ASSEOSMENT PERDUE
$ 97
$ 56
(,) Includes landscape maintenance, repair, replacement, water, installation and electricity costs.
(2) Includes Consultants, City & County administration, publication costs and contingency.
(3) Includes landscape and irrigation equipment replacement costs.
Prepared by NBS 5-2
. a _
Zone " Landscgw R"wve kknnoffon
Prop" by PSS 5-3
`lam R;;r7 e B .
' nkg fllance — June 30, 2007
$0.00
'.Coffin to Landsc4pe Lands'
Reserves
300.00
!wEImmpENOM
BALANCE— JUNE 30, 2008
=A$
Prop" by PSS 5-3
6. ASSESSMENT DIAGRAM
An Assessment Diagram for Zone 13 of the City of Lodi Consolidated Landscape Maintenance
District No. 2003-1 has been submitted to the City Clerk in the format required under the provisions of
the Act. The lines anti dimensions shown on maps of the County Assessor of the County of San
Joaquin for the current year are incorporated by reference herein and made part of this Report.
Prepared by NESS 6-1
7. ASSESSMENT ROLL
The parcel listing of assessments is provided below. The description of each lot or parcel as part
of the records of the County Assessor of the County of San Joaquin are, by reference, made part
of this Report.
ASSESSMENT ROLL
ZONE
AfN
Aca=
T e
AMT PER
durF
du*F
FY 2007=
AWES T
13
049-040-091
13.820
Industrial
$56.49
55.28
$3,122.76
13
049-000-016
5.000
Industrial
$56.49
20.00
$1,129.80
13
Por. Of 049-080-017
0.459
Industrial
$56.49
1.84
$103.94
13
Por. Of 049-080-017
0.571
Industrial
$56.49
2.28
$128.80
13
Por. Of 049-080-017
0.570
Industrial
$56.49
2.28
$128.80
13
Por. Of 049-080-017
0.606
Industrial
$56.49
2.42
$136.70
13
Por. Of 049-080-017
1.917
Industrial
$56.49
7.67
$433.28
13
Por. Of 049-080-017
0.572
Industrial
$56.49
2.29
$129.36
Sub -Total
23.515
94.06
$5 313.44
Future
049-040-92
0.832
Industrial
$56.49
3.33
0
Future
049-080-05
13.500
Industrial
$56.49
54.00
0
Future
049-080-07
4.490
Industrial
$56.49
17.96
0
Future
049-t1BO-18
5.000
Industrial
$56.49
20.00
0
Future
049-080-19
5.000
Industrial
$56.49
20.00
0
Future
049-080-28
5.000
Industrial
$56.49
20.00
0
Future
049-000-74
2.590
Industrial
$56.49
10.36
0
Future
049-OBO-77
4.790
Industrial
$56.49
19.16
0
Future
049-060-81
5.190
Industrial
$56.49
20.76
0
Future
049-QBO-82
0.551
Industrial
$56.49
2.20
0
Future
049-0.80-83
38.530
Industrial
$56.49
154.12
0
Future
049-4140-19
10.000
Industrial
$56.49
40.00
0
Future
049-040-47
27.130
Industrial
$56.49
108.52
0
TOYAL:
122.603
1 1
490.41
S 0.00
Prepared by NBS 7-1
MAXIMUM ASSESSMENT ROLL
2QNE
N
Acreagea
AMT PER
duof
dueF
FY 2007104 MAX
A$SES
13
049-040-091
13.820
industrial
$96.82
55.28
$5,352.20
13
049-10-016
5.000
Industrial
$96.82
20.00
$1,936.40
13
Por. Of 080-017
0.459
Industrial
$96.82
1.84
$178.14
13
Por. Of 080-017
0.571
Industrial
$96.82
2.28
$220.74
13
Por. Of 049-080-017
0.570
Industrial
$96.82
2.28
$220.74
13
Por. Of 049-080-017
0.606
Industrial
$96.82
2.42
$234.30
13
Por. Of 049-080-017
1.917
Industrial
$96.82
7.67
$742.60
13
Par. Of 049-080-017
0.572
Industrial
$96.82
2.29
$221.72
Sub -Total
23.515
94.06
$9,106.84
Future
049-Q40-92
0.832
Industrial
$96.82
3.33
0
Future
049-080-05
13.500
industrial
$96.82
54.00
0
Future
049 -WO -07
4.490
Industrial
$96.82
17.96
0
Future
049-060-18
5.000
Industrial
$96.82
20.00
0
Future
049-080-19
5.000
Industrial
$96.82
20.00
0
Future
049-080-28
5.000
Industrial
$96.82
20.00
0
Future
049-080-74
2.590
Industrial
$96.82
10.36
0
Future
049 -WO -77
4.790
Industrial
$96.82
19.16
0
Future
049-060-81
5.190
Industrial
$96.82
20.76
0
Future
049-080-82
0.551
Industrial
$96.82
2.20
0
Future
049-080-83
38.530
Industrial
$96.82
154.12
0
Future
049-040-19
10.000
Industrial
$96.82
40.00
0
Future
049-Q40-47
27.130
Industrial
$96.82
108.52
0
TO AL:
122.603
490.49
S 0.00
Prepared by NBS 7-2
RESOLUTION NO. 2007-28
A RESOLUTION OF THE LODI CITY COUNCIL, COUNTY OF SAN JOAQUIN,
DECLARING r S INTENTION TO ANNEX TERRITORY INTO THE LODI
CONSOLIDAT® LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
NO. 2003-1 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF
ASSESSMENTS IN SUCH ANNEXATION, SETTING A TIME AND PLACE
FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION
OF ASSESSMENT BALLOT PROCEDURES
WHEREAS, the City Council of the City of Lodi, pursuant to the terms of the Landscape
and Lighting Act of 1972, Part 2, Division 15, of the California Streets and Highways Code
(commencing with Section 22500) (the "1972 Act'), Article XII1D of the Constitution of the State
of California ("Article X111D'9, and the Proposition 218 Omnibus Implementation Act
(Government Code Section 53750 and following) (the "Implementation Act") (the 1972 Act,
Article XIIID, and the Implementation Act are referred to collectively as the "Assessment Law"),
did by previous Resolution initiate proceedings to annex territory into a special assessment
district and ordered the preparation of an Engineer's Report for the levy of assessments within
such proposed annexation, such special assessment district annexation known and designated
as "Lodi Consolidated Landscape Maintenance District No. 2003-1" (the "District"). The areas
proposed to be annexed will become zones within the District. Such zone shall be known and
designated as:
ZONE 13 — GUILD AVENUE INDUSTRIAL
WHEREAS, at this time, the City Council desires to declare its intention to annex such
territory into the District and to provide for the levy of assessments for the next ensuing fiscal
year to provide for the costs and expenses necessary to pay for the maintenance of the
improvements (defined below) in such District; and
WHEREAS, there has been presented and preliminarily approved by this City Council
the Engineer's Report, as required by the Assessment Law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1: Re tats: The above recitals are all true and correct.
SECTION 2: Declaratiog of Intention: The public interest and convenience requires, and it is
the intention of the City Council, to order the annexation of the above described
territory into the District and to levy and collect assessments to pay the annual
costs and expenses for the maintenance and/or servicing of all of the
improvements for the District. Such improvements and the maintenance and
servicing of such improvements are generally described as:
The improvements include: landscaping, planting, shrubbery, trees, turf, irrigation
systems, fighting systems, street lighting, traffic signals, street sweeping,
hardscapes, and associated appurtenant facilities.
The maintenance of the improvements shall include the furnishing of services
and materials for all necessary service, operations, administration, and
maintenance required to keep the improvements in a healthy, vigorous, and
satisfactory condition.
SECTION 3: Boundariesof District: The improvements are of special benefit to the properties
within the boundaries of the District. The City Council previously declared the
boundaries to encompass the area specially benefited by such improvements,
and for particulars, reference is made to the assessment diagram as previously
approved by the City Council, a copy of which is on file in the Office of the City
Clerk and open for public inspection, and is designated by the name of this
District.
SECTION 4: Resort of Assessment . Engineer: The Engineer's Report, as preliminarily
approved by the City Council is on file with the City Clerk and open for public
inspection. Reference is made to such Report for a full and detailed description
of the Improvements to be maintained, the boundaries of the District and any
zones therein, and the proposed assessments upon assessable lots and parcels
of land within the District.
SECTION 5: Plji*c Ho na: Notice is hereby given that a Public Hearing is hereby scheduled
to be held at the Carnegie Forum, 305 West Pine Street, Lodi, California, on
Wednesday, April 4, 2007, at 7:00 p.m., or as soon thereafter as the matter may
be heard.
All interested persons shall be afforded the opportunity to hear and be heard.
The City Council shall consider all oral statements and all written
communications made or filed by any interested persons. The City Council shall,
at the conclusion of the Public Hearing, also determine whether assessment
ballots submitted pursuant to the Assessment Law in opposition to the proposed
assessments within the district exceed assessment ballots submitted in favor of
such proposed assessments.
RIGHT TO SUBMIT ASSESSMENT BALLOT
Pursuant to the provisions of the Assessment Law, each record owner of
property proposed to be assessed has the right to submit an assessment ballot in
favor of or in opposition to the proposed assessment.
Assessment ballots will be mailed to the record owner of each parcel located
within the District and subject to a proposed assessment. Each such owner may
complete such assessment ballot and thereby indicate their support for or
opposition to the proposed assessment. All such assessment ballots may be
delivered by mail or personal delivery to the City Clerk at the following address at
or before 5:00 p.m. on April 4, 2007:
City Clerk
City of Lodi
221 West Pine Street
Lodi, California 95240
After 5:00 p.m. on April 4, 2007, assessment ballots may be delivered to the City
Clerk only at the location of the Public Hearing given above (305 West Pirtle
Street, Lodi, California).
All assessment ballots must be received by the City Clerk prior to the time that
the Public Hearing is closed. An assessment ballot which is delivered by mail
with a postmark which is prior to the date and time of the Public Hearing but
which is not received by the City Clerk until after the Public Hearing is closed will
not be counted.
At the conclusion of the Public Hearing, the City Council shall cause the
assessment ballots timely received to be tabulated. If a majority protest exists,
the City Council shall not impose an assessment within the District. A majority
protest exists if, upon the conclusion of the Public Hearing, assessment ballots
submitted in opposition to the assessments within the District exceed the
assessment ballots submitted in favor -of such assessments. In tabulating the
assessment ballots, the assessment ballots shall be weighted according to the
proportional financial obligation of the affected property.
SECTION 6: Notice: The City Clerk is hereby directed to mail notice pursuant to the
Assessment Law of the Public Hearing and assessment ballot proceedings and
the adoption of the Resolution of Intention and of the filing of the Assessment
Engineer's Report, together with the assessment ballot materials, to the record
owners of all real property proposed to be assessed.
SECTION 7: PrNeedingg Inguiries: The following staff person is designated to respond to all
inquiries for any and all information relating to the proposed District and these
proceedings, including the assessment ballot procedure:
RICK CLARK
NBS
32605 HIGHWAY 79 S. #100
TEMECULA, CA 92592
TELEPHONE: 800-676-7516
Dated: February 21, 2047
I hereby certify that Resolution No. 2007-28 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 21, 2007, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS -- None
ABSTAIN: COUNCIL MEMBERS — None
ANDIJOHL
City Clerk
2047-28
RESOLUTION NO. 2007-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, COUNTY OF
SAN JOAQUIN, STATE OF CALIFORNIA, INITIATING PROCEEDINGS FOR THE
ANNEXATION OF 'TERRITORY INTO THE LODI CONSOLIDATED LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 2003-1 AND THE LEVY AND
COLLECTION OF ASSESSMENTS FOR ZONE 13 FOR FISCAL YEAR 2007-08
WHEREAS, the City Council has by previous Resolutions formed and levied annual
assessments for the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1
(hereafter referred to as the "District'), pursuant to the provisions of the Landscape and Lighting Act
of 1972, Part 2, Division 15, of the California Streets and Highways Code (commencing with Section
22500) (hereafter referred to as the "Act") that provides for the levy and collection of assessments by
the County of San Joaquin for the City of Lodi to pay the maintenance and services of all
improvements and facilities related thereto; and
WHEREAS, the City Council desires to annex territory into the District, and such territory
receives special benefit from the improvements provided by the District; and
WHEREAS, the City Council has retained NBS for the purpose of assisting with the
annexation of territory and Annual Levy of the District and preparing and filing a report with the City
Clerk in accordance with the Act.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY
COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 2, SECTION 22585, OF THE ACT, AS
FOLLOWS:
Sectioa 1 Proposal: The City Council hereby proposes the annexation of territory into the District,
as deseribed below, and the levy and collection of assessments.
SectioU Engineer's Reggrt, The City Council hereby orders NBS to prepare and file with the City
Clerk the Engineer's Report concerning the annexation of the territory into the District and the levy
and coilection of assessments for the fiscal year commencing July 1, 2007 and ending June 30,
2008, in accordance with Chapter 1, Article 4, Section 22565 of the Act.
S ctio ..3 Proposed improv ents: The proposed improvements within the District may include, but
are not'lirnited to: landscaping, planting, shrubbery, trees, turf, irrigation systems, lighting systems,
street lighting, traffic signals, street sweeping, hardscapes, and appurtenant facilities. Services
provided include all necessary service, operations, administration, and maintenance required to
keep the improvements in a healthy, vigorous, and satisfactory condition. The Engineer's
Annexation and Annual Levy Report describes all improvements.
Sectiork.4 Qistrict d i ti : The District is designated as: LODI CONSOLIDATED LANDSCAPE
MAINTtNANCE ASSESSMENT DISTRICT NO. 2003-1," The territory proposed to be annexed
consists of the following Zones:
ZONE 13 — GUILD AVENUE INDUSTRIAL
Dated: February 21, 2007
I hereby certify that Resolution No. 2007-29 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held February 21, 2007, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Katzakian, Mounce, and
Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
R NDI JOHL
City Clerk
2007-29
CITY COUNCIL
BOB JOHNSON, Mayor
JOANNE L. MOUMCE
Mayor Pro Tempore
LARRY D. HANSEN
SUSAN HITCHCOCK
PHIL KATZAKIAN
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdeptQlodi.gov
http:kkwww.lodi.gov
February 16, 2007
BLAIR KING
City Manager
RANDiJOHL
City Clerk
D. STEVEN SCHWABAUER
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
NOS Property Owners —Mar' ►Gt j i � Lw&i-
32605 Highway 79, Ste. 100 p7b
Temecula, CA 92592
SUBJECT, Adopt Resolution of Preliminary Approval, Resolution of Intention and
Resolution Initiating Proceedings to Annex Guild Avenue Industrial Zone 13
to Lodi Consolidated Landscape Maintenance Assessment District
No. 2003-1; and Set Public Hearing and Deadline for Receipt of Ballots for
April 4, 2007
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, February 21, 2007. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent callendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch,
Senior Civil Engineer, at (209) 333-6800, extension 2659.
T' `
jaA�-
ft-hard C. Prime, Jr.
r Public Works Director
RCPlpmf
Enclosure
cc City Clefk
NClNTENTION SETPH.D0C
AON
OWNER
MAILING ADDRESS
049-040-91
ARCHER DANIELS
PO BOX 1470
MIDLAND CORP
DECATUR IL 62525
049-080-16
BATCH DELMAR &
11174 N DAVIS RD
DORIS
LODI CA 95242
049-080-17
CLARKSON CALIFORNIA
405 W PINE ST
PROP
LODI CA 95240
049-040-92
VIERRA VERNON &
151 W TADDEI RD
DENISE
ACAMPO CA 95220
049-080-05
ATWOOD EDWARD L TR
13179 MCDOLE ST
ETAL
SARATOGA CA 95070-
4620
049-080-07
METTLER OLE &
17900 N CHERRY RD
DOROTHY TR
LODI CA 95240
049-080-19
MORELAND ROBERT &
775 N GUILD AVE
SANDRA
LODI CA 95240-0861
049-080-18
MORELAND ROBERT &
17611 N GUILD AVE
SANDRA
LODI CA 95240
049-080-28
PARINEHS EXCHANGE
370 WOODCLIFF DR STE
0+49-080-83
2004 LLC
300
FAIRPORT NY 14450
049-080-74
LODI STORAGE
4701 SISK RD STE 101
049-080-77
ASSOCIATES LP
MODESTO CA 95356
049-080-81
049-080-82
049-040-19
OAK RIDGE WINERY LLC
33 E TOKAY ST
LODI CA 95240
049-040-47
DART CONTAINER CORP
500 HOGSBACK RD
MASON MI 48854
Pleaseimmediately
r � m e tely confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: RESOLUTION/NOTICE OF PUBLIC HEARING DECLARING INTENTION
TO ANNEX TERRITORY INTO THE LODI CONSOLIDATED LANDSCAPE
MAINTENANCE DISTRICT NO. 2003-1 AND TO PROVIDE FOR THE
LEVY AND COLLECTION OF ASSESSMENTS IN SUCH ANNEXATION,
SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON,
AND ORDERING THE INITIATION OF ASSESSMENT BALLOT
PROCEDURES
PUBLISH DATE: SATURDAY, FEBRUARY 24, 2007
TEAR SHEETS WANTED: One (1 ) please
SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, FEBRUARY 22, 2007
ORDERED BY: RANDI JOHL
CITY CLERK
IFER 4. PERRIN, CMC
PUTY CITY CLERK
DANA R. CHAPMAN
ADMINISTRATIVE CLERK
Faxed to the Sentinel at 3W 11W a# (time) on
LNS PMo to oomfirm recdV of all pages at dints) JI. ___ _ i JMP' kinifials:)
form '+advins.doc
RESOLUT11ONIN#TICE OF PUBLIC HEARING DECLARING INTENTION
TO ANNEX TERFITORY INTO THE LODI CONSOLIDATED LANDSCAPE
MAINTENANCE DISTRICT NO. 2003-1 AND TO PROVIDE FOR THE LEVY
AND COLLECTION OF ASSESSMENTS IN SUCH ANNEXATION, SETTING A
TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND ORDERING
THE INITIATION OF ASSESSMENT BALLOT PROCEDURES
On Friday, February 23, 2007, in the City of Lodi, San Joaquin County, California, a
Resolution/Notice of Public Hearing declaring intention to annex territory into the Lodi
Consolidated Landscape Maintenance District No. 2003-1 and to provide for the levy
and collection of assessments in such annexation, setting a time and place for a public
hearing thereon, and ordering the initiation of assessment ballot procedures was posted
at the following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Camegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed can February 23, 2007, at Lodi, California.
J ER ff PERRI CMC
PLITY CITY CLERK
N:1AdministratinnkcLERK\Form5l )ECPosTPwl.Doc
ORDERED BY:
RANDIJOHL
CITY CLERK
DANA R. CHAPMAN
ADMINISTRATIVE CLERK
RESOLUTI ONfNQ'TICE OF PUBLIC HEARING DECLARING INTENTION TO ANNEX
TEMITORY INTO SIE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT
NO. 2003-1 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN
94JCH ANNEXATION, SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON,
AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES
On February 22, 2007, in the City of Lodi, San Joaquin County, California, I deposited in the
United States mail, envelopes with first-class postage prepaid thereon, containing
Resolution/Notice of Public Hearing declaring intention to annex territory into the Lodi
Consolidated Landscape Maintenance District No. 2003-1 and to provide for the levy and
collection of assessments in such annexation, setting a time and place for a public hearing
thereon, and ordering the initiation of assessment ballot procedures, attached hereto Marked
Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B.
There is a regular daily communication by mail between the City of Lodi, California, and the
places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 22, 2007, at Lodi, California.
NtFER 4 PERRIN, SMC
DEPUTY CITY CLERK
Fo msldwmail.doc
ORDERED BY:
RANDI JOHL
CITY CLERK, CITY OF LODI
DANA R. CHAPMAN
ADMINISTRATIVE CLERK
1
NOTICE OF PUBLIC HMRIK6 TEXH gBI A
RESOLUTION NO. 2007-28
A RESOLUTION OF THE LODI CITY COUNCIL, COUNTY OF SAN JOAOUIN,
DECLARING ITS INTENTION TO ANNEX TE=RRITORY INTO THE LODI
CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
NO. 2003-1 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF
ASSESSMENTS IN SUCH ANNEXATION, SETTING A TIME AND PLACE
FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION
OF ASSESSMENT BALLOT PROCEDURES
WHEREAS, the City Council of the City of Lodi, pursuant to the terms of the Landscape
and Lighting Act of 1972, Part 2, Division 15, of the California Streets and Highways Code
(commencing with Section 22500) (the "1972 Act'g, Article X111D of the Constitution of the State
of Califomia ("Article XIIID'), and the Proposition 218 Omnibus Implementation Act
(Government Code Section 53750 and following) (the `Implementation Act") (the 1972 Act,
Article XIIID, and the Implementation Act are referred to collectively as the "Assessment Law"),
did by previous Resolution initiate proceedings to annex territory into a special assessment
district and ordered the preparation of an Engineer's Report for the levy of assessments within
such proposed annexation, such special assessment district annexation known and designated
as "Lodi Consolidated Landscape Maintenance District No. 2003-1" (the "District"). The areas
proposed to be annexed will become zones within the District. Such zone shall be ktwAfn and
designated as:
ZONE 13 —GUILD AVENUE INDUSTRIAL
WHEREAS, at this time, the City Council desires to declare Its intention to annex such
territory into the District and to provide for the levy of assessments for the next ensuing fiscal
year to provide for the costs and expenses necessary to pay for the maintenance of the
improvements (defined below) in such District; and
WHEREAS, there has been presented and preliminarily approved by this City Council
the Engineer's Report, as required by the Assessment Law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1: Re�tals: The above recitals are all true and correct.
SECTION 2: Der�ar ion, of Inten&n: The public interest and convenience requires, and it is
the Intentico of the City Council, to order the annexation of the above described
territory into the District and to levy and collect assessments to pay the annual
costs and expenses for the maintenance and/or servicing of all of the
improvements for the District. Such improvements and the maintenance and
servicing of such improvements are generally described as:
The improvements include: landscaping, planting, shrubbery, trees, turf, irrigation
systems, Nghting systems, street lighting, traffic signals, street sweeping,
hardscapes, and associated appurtenant facilities.
The maintenance of the improvements shall include the furnishing of services
and matetials for all necessary service, operations, administration, and
maintenance required to keep the improvements in a healthy, vigorous, and
satisfactory -condition.
SECTION 3:d ie District: The improvements are of special benefit to the properties
within the boundaries of the District. The City Council previously declared the
boundaries to encompass the area specially benefited by such improvements,
and for particulars, reference is made to the assessment diagram as previously
approved by the City Council, a copy of which is on file in the Office of the City
Clerk and open for public inspection, and is designated by the name of this
District.
SECTION 4: Ek of. Assessment F ineer: The Engineer's Report, as preliminarily
approved by the City Council is on file with the City Clerk and open for public
inspection. Reference is made to such Report for a full and detailed description
of the Improvements to be maintained, the boundaries of the District and any
zones themin, and the proposed assessmertts upon assessable lots and parcels
of land within the District.
SECTION 5: PubUc Hewing: Notice is hereby given that a Public Hearing is hereby scheduled
to be held it the Carnegie Forum, 305 West Pine Street, Lodi, California, on
Wednesdsiy, April 4, 2007, at 7:00 p.m., or as soon thereafter as the matter
may be heord.
All interested persons shall be afforded the opportunity to hear and be heard.
The City Council shall consider all oral statements and all written
communications male or filed by any interested persons. The City Council shall,
at the conclusion of the Public Hearing, also determine whether assessment
ballots submitted pursuant to the Assessment Law in opposition to the proposed
assessments within the district exceed assessment ballots submitted in favor of
such proposed assessments.
RIGHT TO SUBMIT ASSESSMENT BALLOT
Pursuant to the provisions of the Assessment Law, each -record owner of
property proposed to be assessed has the right to submit an assessment ballot in
favor of or in opposition to the proposed assessment.
Assessment ballots will .be mailed to the record owner of each par -;el located
within the pistrict and subject to a proposed assessment. Each such owner may
complete such assessment ballot and thereby indicate their support for or
opposition to the proposed assessment. All such assessment ballots may be
delivered by mail or personal delivery to the City Clerk at the following address at
or before 5:00 p.m. on April 4, 2007:
City Clerk
City of Lodi
221 West Pine Street
Lodi, California 95240
After 5:00 p.m. on April 4, 2007, assessment ballots may be delivered to the City
Clerk only at the location of the Public Hearing given above (305 West Pine
Street, Loot, Califomia).
All assessment ballots must be received by the City Clerk prior to the time that
the Public Hearing is closed. An assessment ballot which is delivered by mail
with a postmark which is prior to the date and time of the Public Hearing but
which is net received by the City Clerk until after the Public Hearing is closed will
not be co€stted.
At the conclusion of the Public Hearing, the City Council shall cause the
assessment ballots timely received to be tabulated. If a majority protest exists,
the City Council shall not impose an assessment within the District. A majority
protest exists if, upon the conclusion of the Public Hearing, assessment ballots
submitted in opposition to the assessments within the District exceed the
assessment ballots submitted in favor of such assessments. In tabulating the
assessment ballots, the assessment ballots shall be weighted aocording to the
proportional financial obligation of the affected property.
SECTION 6: Note: The City Clerk is hereby directed to mail notice pursuant to the
Assessment Law of the Public Hearing and assessment ballot proceedings and
the adoption of the Resolution of Intention and of the filing of the Assessment
Engineer's Report, together with the assessment ballot materials, to the record
owners of all real property proposed to be assessed.
SECTION 7: Proceeding IMmiries: The following staff person is designated to respond. to all
inquiries for any and all information relating to the proposed Cistrict and these
proceedings, including the assessment ballot procedure:
RICK CLARK
NBS
32605 HIGHWAY 79 S. #100
TEMECULA, CA 92592
TELEPHONE: 800-676-7516
Dated: February 21, 2007
I hereby certify that Resolution No. 2007-28 was passed and adopted by the City
Council of the City of Lodiin a regular meeting held February 21, 2007, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Katzakian, Mounce, and
Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
44-
RANDI JOHL
City Clerk
2007-28
EXHIBIT g
Af N
OWNER
MAILING ADDRESS
W-040-91
ARCHER DANIELS
PO BOX 1470
MIDLAND CORP
DECATUR IL 62525
019-080-16
BATCH DELMAR &
11174 N DAVIS RD
DORIS
LODI CA 95242
049-080-17
CLARKSON CALIFORNIA
405 W PINE ST
PROP
LODI CA 95240
049-040-92
VIERRA VERNON &
151 W TADDEI RD
DENISE
ACAMPO CA 95220
049-080-05
ATWOOD EDWARD L TR
13179 MCDOLE ST
ETAL
SARATOGA CA 95070-
4620
049-080-07
METTLER OLE &
17900 N CHERRY RD
DOROTHY TR
LODI CA 95240
049-080-19
MORELAND ROBERT &
775 N GUILD AVE
SANDRA
LODI CA 95240-0861
049-080-18
MORELAND ROBERT &
17611 N GUILD AVE
SANDRA
LODI CA 95240
049-080-28
PARINEHS EXCHANGE
370 WOODCLIFF DR STE
049-080-83
2004 LLC
300
FAIRPORT NY 14450
049-080-74
LODI STORAGE
4701 SISK RD STE 101
049-080-77
ASSOCIATES LP
MODESTO CA 95356
049-080-81
9-080-82
049-040-19
OAK RIDGE WINERY LLC
33 E TOKAY ST
LODI CA 96240
049-040-47
DART CONTAINER CORP
500 HOGSBACK RD
MASON MI 48854