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HomeMy WebLinkAboutAgenda Report - May 20, 2009 E-13 PHAGENDA ITEM Es, r5i CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Initiating Proceedingsfor the Levy and Collection of Assessments, Resolution Approving the Annual Report, and Resolution Declaring Intention to Levy and Collect Assessmentsfor the Lodi Consolidated Landscape Maintenance District No. 2003-1 for Fiscal Year 2009/10; Set Public Hearing for June 17, 2009 MEETING DATE: May 20,2009 PREPARED BY: PublicWorks Director RECOMMENDED ACTION: Adopt the following resolutions and set a public hearing for June 17, 2009: 1. A resolution of the City Council of the City of Lodi, California, initiating proceedings for the levy and collection of assessmentsfor the Lodi Consolidated Landscape Maintenance District No. 2003-1 for Fiscal Year 2009/10 2. A resolution of the City Council of the City of Lodi, California, approving the Annual Report for the Lodi Consolidated Landscape Maintenance District No. 2003-1 for Fiscal Year 2009/10 3. A resolution of the City Council of the City of Lodi, California, declaring its intention to levy and collect assessments for the Lodi Consolidated Landscape Maintenance District No. 2003-1 for Fiscal Year 2009/10 BACKGROUND INFORMATION: Over the past six years, the City Council has formed a total of 16 zones of the Lodi Consolidated Landscape Maintenance District No. 2003-1 (District). The scope of maintenance activities funded by the District includes 1) landscape and irrigation, 2) masonry block walls, 3) street parkway trees, and 4) public park areas. The activities and levy amount vary by zone, as described in the City of Lodi, Lodi Consolidated Landscape Maintenance District No. 2003-1, Annual Report (Report), Fiscal Year 2009/10 that is on file in the PublicWorks Department. The Report describes the general nature, location and extent of the improvementsto be maintained and an estimate of the costs of the maintenance, operations, and servicing for the improvements. 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 for the improvements; and the net levy upon all assessable lots and/or parcels within the District. The action requested of the City Council is to initiate proceedings for the levy and collection of assessments for Fiscal Year 2009/10, approve the Annual Report, to declare its intention to levy the assessments and to set a public hearing for June 17, 2009, to receive public comments. After the public hearing, City Council will be asked to confirm the Final Report and order the levy and collection of the assessments. FISCAL IMPACT: Funding for preparation of the Report is included in the assessments. FUNDING AVAILABLE: Not applicable. F. Wally S40in PublicWorks Director Prepared by Sharon Welch, Senior Civil Engineer FWS/SAW/pmf Attachment cc: City Attorney Interim Parks and Recreation Director Streets& Drainage Manager NBS APPROVED: Blair Kind iQiq Manager KAWP\DEV_ SERWandscapeDistdcitFY 2009-10 Engineer'sReporhCSetPH 0910An alRep rt.doc 5/15/2009 RESOLUTION NO. 2009-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FORTHE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1 FOR FISCAL YEAR 2009-10 WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) ("Act") to establish the Lodi Consolidated Landscape Maintenance District No. 2003-1 ("Assessment District"); and WHEREAS, the City has retained NBS Government Finance Group, DBS NBS, for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report, in accordance with §22567 of the Act. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1 - Annual Report: The Council hereby orders NBS to prepare and file with the City Clerk the Annual Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2009 and ending June 30,2010. 2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District. Dated: May 20, 2009 ------------------------------------------------------------------- ................................................................... hereby certify that Resolution No. 2009-63 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 20, 2009, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None NNIFE M. PER14IN Assistant City Clerk 411110111*3 RESOLUTION NO. 2009-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, APPROVING THE ANNUAL REPORT FOR THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1 FOR FISCAL YEAR 2009-10 WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Parf 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) ("Act") to establish the Lodi Consolidated Landscape Maintenance District No. 2003-1 ("Assessment District"); and WHEREAS, the City has retained NBS Government Finance Group, DBS NBS, for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report, in accordance with §22567 of the Act; and WHEREAS, the Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and WHEREAS, NBS has prepared and filed such Annual Reportwith the City Clerk. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. Approval of Report: The Council hereby approves the Annual Report concerning the levy of assessments as submitted by NBS for the fiscal year commencing July 1,2009 and ending June 30,2010. Dated: May 20, 2009 ------------------------------------------------------------------- ................................................................... I hereby certify that Resolution No. 2009-64 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 20, 2009, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None NIFER . PERRIN Assistant City Clerk 2009-64 RESOLUTION NO. 2009-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DECLARING ITS INTENTION TO LEVYAND COLLECT ASSESSMENTS FORTHE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1 FOR FISCAL YEAR 2009-10 WHEREAS, the Council previously completed its proceedings in accordancewith and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) ("Act") to establish the Lodi Consolidated Landscape Maintenance District No. 2003-1 ("Assessment District"); and WHEREAS, the City has retained NBS Government Finance Group, DBS NBS, for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report, in accordancewith 522567 of the Act. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. Intention: The Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvementsfor the fiscal year commencing July 1, 2009 and ending June 30, 2010. The Council finds that the public's best interest requires such action. 2. Improvements: The Improvements include, but are not limited to: turf, shrubs, plants and trees, landscaping, irrigation and drainage systems, graffiti removal, and associated appurtenances within the public right-of-ways or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. 3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference. 4. Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 5. Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with §22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Wednesday, June 17, 2009, at 7:00 p.m., or as soon thereafter as is feasible, in the Council Chambers located at 305 West Pine Street, Lodi, CA, 95240. The Council further orders the City Clerk to publish notice of this resolution in accordance with §22626 of the Act. 6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as "increased assessment' is.defined in $54954.6 of the Government Code). Dated: May 20, 2009 ------------------------------------------------------------------- ................................................................... hereby certify that Resolution No. 2009-65 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 20, 2009, by the following vote: AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None NNIFE . PERRIN Assistant City Clerk 2009-65 yOF� FOR Please immediately confirm receipt cf this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER LEVY AND COLLECTION OF ASSESSMENTS FOR THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1 FOR FISCAL YEAR 2009-10 PUBLISH DATE: SATURDAY, MAY 23,2009 SATURDAY, MAY 30,2009 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO DATED: THURSDAY, MAY 21,2009 ORDERED BY: RANDI JOHL CITY CLERK AA Al ,tENNIFER V. PERRIN, CMC AX, SISTANT CITY CLERK RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 MARIA BECERRA ADMINISTRATIVE CLERK Faxed to the Sentinel at 369-1084 at (time) Oi (date) (pages) LNS Phoned to confirm receipt of all pages at (time) JLT MB JMP (initials) fonnAadvins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER LEVY AND COLLECTION OF ASSESSMENTS FOR THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1 FOR FISCALYEAR 2009-10 On Friday, May 22, 2009, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider levy and collection of assessments for the Lodi Consolidated Landscape Maintenance District No. 2003-1 for Fiscal Year 2009-10 (attached and marked as Exhibit A) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjurythat the foregoing is true and correct. Executed on May 22, 2009, at Lodi, California. NIFER V. PERRIN, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTPW.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING RESOLUTION NO. 2009-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DECLARING ITS INTENTION TO LEVYAND COLLECT ASSESSMENTS FORTHE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1 FOR FISCAL YEAR 2009-10 WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 7972, Part 2, Division 75 of the California Streets and Highways Code (commencing with Section 22500) ("Act") to establish the Lodi Consolidated Landscape Maintenance District No. 2003-1 ("Assessment District'); and WHEREAS, the City has retained NBS Government Finance Group, DBS NBS, for the purpose cf assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report, in accordance with 522567 of the Act. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS: Intention: The Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvementsfor the fiscal year commencing July 1, 2009 and ending June 30, 2010. The Council finds that the public's best interest requires such action. 2. Improvements: The Improvements include, but are not limited to: turf, shrubs, plants and trees, landscaping, irrigation and drainage systems, graffiti removal, and associated appurtenances within the public right-of-ways or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. 3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference. 4. Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. 5. Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with §22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Wednesday, June 17, 2009, at 7:00 p.m., or as soon thereafter as is feasible, in the Council Chambers located at 305 West Pine Street, Lodi, CA, 95240. The Council further orders the City Clerk to publish notice of this resolution in accordance with 522626 of the Act. 6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as "increased assessment" is defined in $54954.6 of the Government Code). Dated: May 20, 2009 I hereby certify that Resolution No. 2009-65 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 20, 2009, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen NOES: COUNCIL MEMBERS—None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS— None SNIFE M. PERRIN Assistant ity Clerk 2009-65 CITY COUNCIL LARRY D. HANSEN, Mayor PHIL KATZAKIAN, Mayor Pro Tempore SUSAN HITCHCOCK BOBJOHNSON JOANNE L. MOUNCE 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 pwdept@lodi.gov http:XXwww.lodi.gov May 15,2009 NBS 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 BLAIR KING City Manager RANDI J OHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director SUBJECT: Adopt Resolution Initiatingthe Proceedings for the Levy and Collection of Assessments, Resolution Approving the Annual Report, and Resolution Declaring Intention to Levy and Collect Assessments for the Lodi Consolidated Landscape Maintenance District No. 2003-1 for Fiscal Year 2009/10; Set Public Hearing for June 17, 2009 Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, May 20, 2009. 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 calendar 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-deliverthe letterto 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. nn F. Wally Sandelin Public Works Director FWS/pmf Enclosure cc: City Clerk NCSETPH_0910ANNUALREPORT.DOC