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HomeMy WebLinkAboutAgenda Report - May 7, 2008 I-01 PHAGENDA ITEM 1 CITY OF LODI COUNCIL COMMUNICATION iM AGENDA TITLE: Public Hearing to Consider Resolution Adopting Engineer's Report, Confirming Assessments, Overruling Protests and Declaring Assessment Ballot Results and Annexing Territory into the Lodi Consolidated Landscape Maintenance Assessment District 2003-1 and Forming Luca Place Zone 14, Guild Avenue Industrial Zone 15 and West Kettleman Lane Commercial Zone 16 MEETING DATE: May 7,2008 PREPARED BY: Public Works Director RECOMMENDED ACTION: Conduct a public hearing to consider a resolution for the following: 1. Adopting the Engineer's Report 2. Confirming assessments 3. Overruling protests and declaring assessment ballot results 4. Annexing territory into the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 and forming Luca Place Zone 14, Guild Avenue Industrial Zone 15 and West Kettleman Lane Commercial Zone 16 BACKGROUND INFORMATION: On April 2, 2008, the City Council adopted the following resolutions regarding the formation of Zones 14, 15 and 16 of the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1. 1. Resolution of PreliminaryApproval of the Engineer's Report Regarding the Proposed Annexation of Territory into the Lodi Consolidated Landscape Mai ntenanceAssessment District No. 2003-1 and the Levy and Collection of Assessments for Fiscal Year 2008109 2. Resolution Declaring Intentionto 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 Proceedingsfor 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 2008109 Ballots have been mailed to the existing property owners to comply with Proposition 218 requirements. The ballots will be tabulated and the results will be announced at the conclusion of the Public Hearing. In order for the assessment to be successful under Proposition 218 requirements, a majority of the landownerswho vote (calculated in terms of dollars of assessment) must vote in favor of the proposals. If a majority vote is not received, the district will not be formed. APPROVED: /zk--, Blair Citv Mana_aer K:IWPIDEV_SERV1LandscapeDistrict=03Zone14_15_161CIntention_PH.doc 4114/2008 Public Hearing to Consider Resolution Adopting Engineer's Report, Confirming Assessments, Overruling Protests and Declaring Assessment Ballot Results and Annexing Territory into the Lodi Consolidated Landscape Maintenance Assessment District 2003-1 and Forming Luca Place Zone 14, Guild Avenue Industrial Zone 15 and West Kettleman Lane Commercial Zone 16 May 7,2008 Page 2 As required as a condition of development, the developers of the residential subdivision, Luca Place (APN 027-420-09), located on the east side of Westgate Drive, north of Kettleman Lane; the industrial developments located at 1390 and 1399 East Turner Road (APN 049-080-81 and 049-080-82), 955 North Guild Avenue (APN 049-080-74) and 1518 East Victor Road (APN 049-340-38); and the commercial office developments located at 1750 and 1811 West Kettleman Lane (APN 031-330-10 and 058-160-86) 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 that have been or are to be installed in conjunctionwith or for the benefit of those projects. The Engineer's Report for the proposed annexations, prepared by NBS of Temecula and attached as Exhibit 1, presents a description of the projects, defines the areas, describes the improvements to be maintained and provides a cost estimate of the First Year Estimated Assessment and sets the Maximum Annual Assessment amount for each zone. Zone 14 Luca Place Zone 14 (Exhibit 2) is comprised of a single lot bounded by the Vintner's Square shopping center to the north, south and east and Westgate Drive to the west that is expected to subdivide subsequentto the formation of the assessment district into 17 medium -density residential lots. Zone 15 Guild Avenue Industrial Zone 15 is comprised of four industrial zoned parcels, two located on West Turner Road at the intersection with North Guild Avenue, one located on North Guild Avenue and one located on Victor Road, east of North Guild Avenue. Zone 15 is the second annexation within the defined Area of Benefit, Exhibit 3. Zone 13 was the first zone annexed on April 7, 2007. Zone 15 receives 6.27% of the benefit (Attachment 1) from the public improvementsand will, therefore, provide 6.27% of the funding for the maintenanceof those improvements. Until such time that the balance of the parcels within the Area of Benefit are annexed, the City will be responsiblefor the balance of the funding for maintenance. Zone 16 West Kettleman Lane Commercial Zone 16 is comprised of two commercial office parcels located on West Kettleman Lane, west of Lakeshore Drive and east of Mills Avenue. Zone 16 is the first annexation that will occur within the defined Area of Benefit, Exhibit 4. Zone 16 receives 1.24% of the benefit (Attachment2) from the public improvementsand will, therefore, provide 1.24% of the funding for the maintenance of those improvements. Until such time that the balance of the parcels within the Area of Benefit are annexed, the City will be responsiblefor the balance of the funding for maintenance. The total number of lots in the three zones proposed to be annexed into the assessment district is 23 The proposed assessment roll for each Zone is set forth in Exhibit 1. Election ballots were 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 2008109 and the first revenues from the district will be received in December2008. The maximum annual assessment is subject to yearly cost adjustment based on the greater of either 5% or the percentage increase of the Local Consumer Price Index. Subsequent annual assessments will be based on contract bid prices and actual costs, plus the Engineer's Report schedule of replacement costs. K:1WPIDEV_SERV1LandscapeDistrict12003Zonel4_l8_161Cintention_PH doc 411412008 Public Hearing to Consider Resolution Adopting Engineer's Report, Confirming Assessments, Overruling Protests and Declaring Assessment Ballot Results and Annexing Territory into the Lodi Consolidated Landscape Maintenance Assessment District 2003-1 and Forming Luca Place Zone 14, Guild Avenue Industrial Zone 15 and West Kettleman Lane Commercial Zone 16 May 7,2008 Page 3 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. J�� F. Wally Jelin Public Works Director Prepared by Sharon A. Welch, Senior Civil Engineer FWSISAW/pmf Attachments cc: Sharon Welch, Senior Civil Engineer Curt Juran. Assistant Streets and Drainage Manager NBS K:IWPIDEV SERVILandscapeDistrict12003Zone14_15_161Cintention_PH.doc 411412008 Exhibit 1 City of Lodi Lodi Consolidated Landscape Maintenance District No. 2003-1 ZONE 14- LUCA PLACE ZONE 15-GUILDAVENUE INDUSTRIAL ZONE 16 -WEST KETTLEMAN LANE COMMERCIAL 2008/09 Preliminary Engineer's Report April 2008 Prepared by N I B I S Corporate Office Regional Office 32605 Temecula Parkway, 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 Joanne Mounce, Mayor Larry D. Hansen, Mayor Pro Tem Susan Hitchcock, Council Member Bob Johnson, Council Member Phil Katzakian, Council Member CITY STAFF Blair King, City Manager Jim 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 Pablo Perez, Client Services Director Rick Clark, Senior Consultant 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 ZOITE 14 ........................................................ 3-1 3.2 DESCRIPTION OF FACILITIES FOR ZOITE 15 ........................................................ 3-1 3.3 DESCRIPTION OF FACILITIES FOR ZONE 16 ........................................................ 3-2 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 MEIVIS...................................................................... 5-1 5.2 DISTRICT BUDGET........................................................................................... 5-2 5.3 LANDSCAPE& WALL RESERVE INFORMATION.................................................... 5-4 6. ASSESSMENT DIAGRAMS......................................................... 6-1 7. PARCEL LISTING......................................................................... 7-1 1. ENGINEER'S LETTER WHEREAS, on April 2, 2008, 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 (the "District"), Zones 14 — 16 (the "Annexation") for Fiscal Year 2008/09. The report includes a diagram(s) for the Annexation, 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 Annexation 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 Annexation in proportion to the special benefit received: SUMMARY OF ASSESSMENT Description 2008/09 Assessment Maximum As Confirmed Assessment by Council Luca Place - Zone 14 Levy $2,936.24 $4,997.00 Zone 14 Equivalent Units 17.00 17.00 Assessment Per Equivalent Unit $ 172.72 $ 293.94 I I Guild Avenue Industrial—Zone15 Le $466.22 $3,719.08 Zone 15 Equivalent Units 36.652 36.652 West Kettleman Commercial - Zone 16 Lev $264.84 $311.52 Zone 16 Equivalent Units 8.365 8.365 Assessment Per Equivalent Unit $ 31.66 $ 37.24 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 2.1 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 2008/09. The City currently has consolidated thirteen 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 assessment ballot 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 assessment ballot proceedings for Zones 3 and 4 for the assessments in Fiscal Year 2004/05 and in Fiscal Year 2005/06 for Zones 5 through 7. During Fiscal Year 2006/07, the City conducted property owner assessment ballot proceedings for the annexation of Zones 8 through 12 into the District. For Fiscal Year 2007/08, the City conducted property owner assessment ballot proceedings for the annexation of Zone 13 into the District. This Engineer's Report ("Report") describes the proposed annexation (the "Annexation") of Zones 14 through 16 into the District and assessments to be levied against properties within the Annexation for Fiscal Year 2008/09. 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 Annexation. 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. 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 XI IID. 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 (Government Code commencing with Section 53739) by a margin of 56.5% to 43.5%. The provisions of the Proposition, now a part of the California Constitution, add substantive and procedural requirements to assessments, which affect the City of Lodi landscape maintenance assessments. The Landscape and Lighting Act of 1972, Article MID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act are referredto collectivelyas the "Assessment Law") The proposed annexation of Zones 14 through 16 will comply with the requirements of the Assessment Law. Prepared by NBS 2-2 . PLANS AND SPECIFICATIONS During the installafion 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 Pone 14 Zone 14 is comprised of the Luca Place subdivision; the facilities within Zone 14 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 6.5 foot irrigated landscape strip in the east half of the Westgate Drive median, west of the Zone 14 boundary. B. Street parkway trees located within the public street (Westgate Drive), within the Zone 14 boundary. C. Public park land area of 0.13005 acres in size equivalent to the current level of service standard for park area within the City of 3.4 acres per thousand persons served. Zone 14 consists of a 17 -lot medium -density residential development (Luca Place) bounded by Vintner's Square shopping center to the north, east and south and Westgate Drive to the west. Each lot benefits equally from the facilities within Zone 14. When subdivided, the zone will include 17 Dwelling Unit Equivalents (DUE). 3.2 Description of Facilities for Zone 15 Zone 15 is comprised of 4 industrial zoned parcels; the facilities within Zone 15 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 15 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 15 consists of four (4) industrial zoned parcels, three (3) located on Guild Avenue, north of Lockeford Street and one (1) located on Victor Road, east of Guild Avenue. The benefit from facilities within Zone 15 for each lot has been determined based on an acreage basis. Zone 15 includes 36.652 Dwelling Unit Equivalents (DUE). Please refer to Section 4 of this Report for a more complete description. Prepared by NBS 3-1 3.3 Description of Facilities for Zone 76 Zone 16 is comprised of 2 commercial office parcels; the facilities within Zone 16 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 variable width (15 to 18 feet) irrigated, landscaped strip in the segmented median in W. Kettleman Lane (Highway 12) extending west from Ham Lane to Westgate Drive and having a total landscaped area of 36,505 square feet. B. A variable width (12 to 20 feet) irrigated landscape strip in the segmented median in Lower Sacramento Road extending south from the north boundary of parcel APN 027- 410-06 (2429 W. Kettleman Lane) to the south boundary of APN 058-030-13 (1551 S. Lower Sacramento Road) and having a total landscaped area of 13,490 square feet. Zone 16 consists of 2 commercial office parcels located on W. Kettleman Lane, west of Lakeshore Drive and east of Mills Avenue. The benefit from facilities within Zone 16 for each lot has been determined based on an acreage and land use basis. Zone 16 includes 8.365 Dwelling Unit Equivalents (DUE). Please refer to Section 4 of this Report for a more complete description. Prepared by NBS 3-2 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. Below is a description of the benefit finding for each Zone. Zone 14 — The benefit from improvements to be maintained through annual assessments of Zone 14 has been determined based on a parcel basis. All parcels within Zone 14 will be single family homes and as a result all parcels will have the same assessment rate. Zone 15 — The benefit from improvements to be maintained through annual assessments of Zone 15 has been determined to be 6.27% 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 15 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. Zone 16 — The benefit from improvements to be maintained through annual assessments of Zone 16 has been determined to be 1.23% of the total, based on the acreage and land use zoning of all commercial parcels along West Kettlemen Lane between Westgate Drive and Ham Lane. The individual benefit for each parcel with Zone 16 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 West Kettlemen Lane, between Westgate Drive and Ham Lane 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. Each parcel's close and relatively similar proximity to the improvements makes each parcel's special benefit from the improvements similar and proportionate. 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. All the lots and parcels that receive special benefit from the improvements are included within the District. Prepared by NBS 4-1 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, by Zone, in Section 5 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) duel'. 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). To determine the dueF for industrial and commercial/office parcels, and multiple -residential (greater than 3 units) 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. The following table provides a listing of the various land use types and the corresponding BUF used to calculate a parcel's EDU and proportionate benefit: 4.2 Land Use Benefit Facfors PROPERTY TYPE LAND USE ASSIGNED BENEFIT UNIT FACTOR Sin le Family Residential 1.00 per Unit Multiple Family Residential duplex 2.00 per Unit Multiple Family Residential reaterthan 3 units 5.00 per Acre Commercial/Off ice For the First 7.5 Acres 5.00 per Acre For the Next 7.5 Acres 2.50 per Acre For All Acreage Over 15 Acres 1.25 per Acre Industrial 4.00 per Acre Exempt 0.00 Other Uses The dueF Will Be Established As Required Prepared by NBS 4-2 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, priorto 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 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: Beginning in the second fiscal year (Fiscal Year 2009/10) 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). Prepared by NBS 4-3 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 was 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%). 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 5.1 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 1 st of a given year and ending June 30th of the following year. OPERATION COSTS: Landscape Maintenance Labor — The estimated cost of labor necessary for maintaining and servicing the street trees, shrubs, turf and ground cover areas within the District. Maintenance Materials & Supplies — The estimated cost of materials necessary for maintaining, cleaning and servicing the landscaped areas, parklands, streets (sweeping) and traffic signals within the District. Irrigation Water — The cost of water used for irrigating the landscaping improvements of the District. Utilities — The cost of electricity used for irrigation within the District. Equipment Maintenance & Operation — The cost of materials and labor necessary for maintaining, repairing, and operating equipment (includes vehicles, benches, playground equipment, graffiti and litter removal, etc.) used for all aspects of maintenance in the District. Maintenance Personnel — The estimated cost for District personnel to perform maintenance duties within the District. Contract Maintenance — The estimated cost to perform contracted maintenance duties within the District. ADMINISTRATION COSTS: Consultants — Costs associated with outside consultant fees in order to comply with Assessment Law and placement of assessment onto the San Joaquin County Tax Roll each year. County Administration — Costs of the County of San Joaquin related to the placement cf assessments on the tax roll each year. Insurance — The estimated costs to provide insurance for District personnel and staff. 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 Parcels — Represents the total number of parcels physically within the District/Zone boundaries 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. Levy per dueF — 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 Balance to Levy, 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 14 - Luca Place Budget 'CUNT )LSCRIF TIONASSCSSMLNT 2008/09 ASSESSMENT HJJCJJIVICIV 1 ION COSTS: 31 31 STREET TREES: 0.0C 242.0 PARK MAINTENANCE: 0.0C 1,586.00 ADMINISTRATION COSTS: (2) 1,122.00 1,355.0 ROUNDING FACTOR:* 0.21 0.0 BUDGET TOTAL $2,436.24 $4,497.001 CONTRIBUTION FROM RESERVES: (0.00) (0.00 CONTRIBUTION TO RESERVES: (3) 500.00 500.0 BALANCE TO LEVY: $2,936.2 $4,997.001 * Rounding is for County tax roll purposes Includes landscape maintenance, repair, replacement, water and electricity costs. (2) Includes Consultants, City & County administration, publication costs and contingency. (3) Includes landscape and/or masonrywall replacement costs. Zone 15 -Guild Avenue Industrial Budget ACCOUNT DESCRIPTION 2008/09 ASSESSMENT MAXIMUM ASSESSMENT OPERATION COSTS: $362.72 $2,915.4 TRAFFIC SIGNALS: 0.0c 312.3 STREET SWEEPING: 14.2 58.1 ADMINISTRATION COSTS: (2) 70.2E 399.7 ROUNDING FACTOR:* 0.1 0_5 BUDGET TOTAL $447.411 $3,686.1 CONTRIBUTION FROM RESERVES: (0.00 (0.00 CONTRIBUTION TO RESERVES: (3) 18.81 32.9 BALANCE TO LEVY: $ 466.2 $3,719.0 * Rounding is for County tax roll purposes (,> Includes landscape maintenance, repair, replacement, water and electricity costs. (2) Includes Consultants, City & County administration, publication costs and contingency. (3) Includes landscape and/or masonrywall replacement costs. Prepared by NBS 5-2 Zone 16 -West Kettleman Lane Commercial Budget ACCOUNT DESCRIPTION II OPERATION COSTS: 2008/09 ASSESSMENT $231.52 MAXIMUM ASSESSMENT $231.5 ADMINISTRATION COSTS: (2) 27.1 73.8 BUDGET TOTAL $ 258.6q $305. 312.3 77— 0.0c CONTRIBUTION FROM RESERVES: (0.00 (0.00 CONTRIBUTION TO RESERVES: (3) 6.11 6.1 BALANCE TO LEVY: $ 264.8 $311.541 m Includes landscape maintenance, repair, replacement, water and electricity costs. (2) Includes Consultants, City & County administration, publication costs and contingency. (3) Includes landscape and/or masonry wall replacement costs. Total Budget for Annexed Zones 2008/09 ACCOUNT DESCRIPTION ASSESSMENT OPERATION COSTS: $1,908.24 MAXIMUM ASSESSMENT $4,460.9 STREET TREES: 0.0d 242.0d! STREET SWEEPING: 14.2 58.1 TRAFFIC SIGNALS: 0.0C 312.3 PARK MAINTENANCE: 0.0c 1,586.0 ADMINISTRATION COSTS: (2) 1,219.42 1,828.53 ROUNDING FACTOR:* 0.41 0.5 BUDGET TOTAL $3,142.31 $8,488.5 II CONTRIBUTION FROM RESERVES: (0.00 (0.00' CONTRIBUTION TO RESERVES: (3) 524.9 539.1 BALANCE TO LEVY: $3,667.3 $9,027.6 (1) Includes landscape maintenance, repair, replacement, water and electricity costs. (2) Includes Consultants, City & County administration, publication costs and contingency. (3) Includes landscape and/or masonry wall replacement costs. Prepared by NBS 5-3 5.3 Landscape Reserweinformafion Zone 14 Landscape Reserve Information DESCRIPTION AMOUNT Landscape Reserve Beginning Balance — June 30, 2008 $0.0 �) Contribution to Landscape Reserves I 500.0 l LANDSCAPE RESERVE ENDING BALANCE—JUNE30,2009 $ 500.0 Zone 15 Landscape Reserve Information DESCRIPTION AMOUNT Landscape Reserve Beginning Balance— June 30, 2008 $0.0 Contribution to Landscape Reserve 18.81 LANDSCAPE RESERVE ENDING BALANCE — JUNE 30, 2009 $ 18.8 Zone 16 Landscape Reserve Information DESCRIPTION AMOUNT Landscape Reserve Beginning Balance — June 30, 2008 $0.0 Contribution to Landscape Reserves 6.1 LANDSCAPE RESERVE ENDING BALANCE — JUNE 30, 2009 $ 6.1Ej Total Landscape Reserve Information DESCRIPTION I AMOUNT Landscape Reserve Beginning Balance— June 30, 2008 1 $0. Contributionto Landscape Reserve I 524.9gj LANDSCAPE RESERVE ENDING BALANCE —JUNE 30, 2009 $ 524.9 Prepared by NBS 5-4 Assessment Diagrams for the Annexation have been submitted to the City Clerk in the format required under the provisions of the Act. Enclosed are facsimiles of said submittal. The lines and dimensions shown on maps of the County Assessor of the County cf San Joaquin for the current year are incorporated by reference herein and are made a part of this Report. Prepared by NBS 6-1 7. ASSESSMENT ROLL Parcel Identification, for each lot or parcel within the District, shall be the parcel as shown on the San Joaquin County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within the District, along with the assessment amounts, is included on the following page(s). If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. FISCAL YEAR 2008/09 ASSESSMENT ROLL ZONE APN ACTUAL ACRES ASSESSED ACRES PARCEL TYPE ASSESSMENT PARCEL PER dueF dueF FY 2008/09 ASSESSMENT 14 Por. of 027-420-09 N/P NIA RES $172.7 1.0 $172.7 14 Por. of 027-420-09 N/A NIA RES $172.7 1.0 $172.7 14 Por. of 027-420-09 N/ N/ RES $172.7 1.0 $172.7 14 Por. of 027-420-09 N/ N/P RES $172.7 1.0 $172.7 14 Por. of 027-420-09 N/ NIA RES $172.7 1.0 $172.7 14 Por. of 027-420-09 N/ NIA RES $172.7 1.0 $172.7 14 Por. of 027-420-09 N/A NIA RES $172.72 1.0 $172.7 14 Por. of 027-420-09 N hA NIA RES $172.72 1.0 $172.7 14 Por. of 027-420-09 NIA NIA RES $172.72 1.0 $172.7 14 Por. of 027-420-09 NJA NIA RES $172.7 1.0 $172.7 14 Por. of 027-420-09 N/ NIA RES $172.72 1.0 $172.7 14 Por. cf 027-420-09 NIA NIA RES $172.72 1.0 $172.7 14 Por. of 027-420-09 NIA NIA RES $172.72 1.0 $172.7 14 Por. of 027-420-09 N/A NIA RES $172.72 1.0 $172.7 14 Por. of 027-420-09 N/A NIA RES $172.72 1.0 $172.7 14 Por. of 027-420-09 NIA NIA RES $172.72 1.0 $172.7 14 Por. of 027-420-09 N/P NIA RES $172.72 1.0 172.7 17.00 $2,936.2 15 049-330-04 5AS 5AS IND $12.72 20.7 $264.0 15 049-330-10 0.551 0.551 IND $12.72 2.204 28.0 15 049-330-11 2.5S 2.H IND $12.72 10.3 $131.7 15 049-340-38 0.832 0.832 IND $12.72 3.32E 36.65 142.3z $ 466.2 16 031-330-10 0.581 0.581 COM $31.66 2.90E $91.9 16 058-160-86 1.092 1.092 COM $31.66 5.46C $172.8E 8.36 $264.841 Prepared by NBS 7-1 MAXIMUM ASSESSMENT ROLL ZONE APN ACTUAL ACRES ASSESSED ACRES PARCEL TYPE ASSESSMENT PER dueF PARCEL MAXIMUM dueF ASSESSMENT 14 Por. of 027-420-09 N/ NIA'RES $293.94 1.0 $293.9 14 Por. of 027-420-09 N/ N/ RES $293.94 1.0 $293.9 14 Por. of 027-420-09 N/ NIA RES $293.94 1.0 $293.9 14 Por. of 027-420-09 N/ N/ RES $293.9 1.0 $293.9 14 Por. of 027-420-09 N/ N/A RES $293.94 1.0 $293.9 14 Por. of 027-420-09 NIA NIA RES $293.94 1.0 $293.9 14 Por. of 027-420-09 NIA INIA RES $293.94 1.0 $293.9 14 Por. cf 027-420-09 NIA NIA RES $293.94 1.0 $293.9 14 Por. of 027-420-09 N/ NIA RES $293.9 1.0 $293.9 14 Por. cf 027-420-09 N/ N/A RES $293.9z 1.0 $293.9 14 Por. of 027-420-09 N/ NIA RES $293.9 1.0 $293.9 14 For. of 027-420-09 N/ NIA RES $293.9 1.0 $293.9 14 Por. of 027-420-09 NlP NIA RES $293.9z 1.0 $293.9 14 Por. cf 027-420-09 N/A NIA RES $293.9z 1.0 $293.9 14 Por. of 027-420-09 NIA NIA RES $293.9 1.0 $293.9 14 Por. of 027-420-09 NIA NIA RES $293.9 1.0 $293.9 14 Por. of 027-420-09 N/ N/ RES $293.9 1.0 293.9 17.0 $4,996.9 15 D49-330-04 5.1 5.1 IND $101.47 20.7E $2,106.5 15 349-330-10 0.55 0.55 IND $101.47 2.20 $223.6 15 349-330-11 2.59 2.5 IND $101.4 10.3 $1, 051.2 15 349-340-38 0.832 0.83 IND $101.47 3.32 $337.7 36.65 $3,719.0 16 331-330-10 0.581 0.581 COM $37.24 2.90 $108.1 16 358-160-86 1.0911, 1.09 COM $37.2 5.46 203.3 8.36 $ 311.5 Prepared by NB S 7-2 OFA OF • , PUBLIC WORKS DEPARTMENT AREA OF BENEFIT LUCA PLACE - ZONE 14 EXHIBIT 2 � 2439 B " n @t. nn a � — a for R ' 1164 133D I1333 212 i 1224 O d ♦r D /-APN 027-420-09 1361 v 1369 ,� C 1379 co ,367 4 J � E 1 Hwy. 12 I Kettleman Ln, Fr-FFTF-`�4 1449 I I 166, o _ _ 1" =1000' OF • , 1 U ' F PUBLIC WORKS DEPARTMENT � •�. rr. AREA OF BENEFIT GUILD AVENUE INDUSTRIAL EXHIBIT 3 49-08R -08 1 08 -082 , Tu Rd. a B 049-08-077 04 5-074 M-2 049-08-005 LirneSt. U 049-34-002 049.08-028 ,b 049-34006 - 049-34034 M-1 0 0-34-017 QA9-3 616 049-34-012 049-34-018 M-1 049-34-015 ¢ Legen a d - " I Zone 13 • = a a", 049-34-020 b 049-34-019 L Zone 15 �. 49 -029 049-34-038 049-34-036:: a 33 � s3 a U.P RA $ Viktor Rd. (Hwy. 12) 1 049-04-047 049-04019 M & ce s ; M 2 a Un = a a _goo zpo _ � u.� 1" =600' ATTACHMENT 1 City of Lodi Lodi Consolidated LMD No. 2003-1 Zone 15 Fiscal Year 2008/09 Assessment Roll ZONE APN Acreage Status AMT PER dueF dueF FY 2008/09 ASSESSMENT 15 049-340-38 0.832 Comm $12.72 3.33 0.57% 15 049-330-11 2.590 Ind $12.72 10.36 1.77% 15 049-330-04 5.190 Ind $12.72 20.76 3.55% 15 049-330-10 0.551 Ind $12.72 2.20 0.38% Subtotal 6.27% Future 049-340-36 13.820 Ind $12.72 55.28 9.46% Future 049-340-12 5.000 Ind $12.72 20.00 3.42% Future 049-340-18 0.459 Ind $12.72 1.84 0.31% Future 049-340-17 0.571 Ind $12.72 2.281 0.39% Future 049-340-16 0.570 Ind $12.72 2.281 0.390 Future 049-340-15 0.606 Ind $12.72 2.42 0.41% Future 049-340-20 1.917 Ind $12.72 7.67 1.31% Future 049-340-19 0.572 Ind $12.72 2.29 0.39% Future 049-330-08 13.500 Ind $12.72 54.00 9.24% Future 049-340-29 4.490 Ind $12.72 17.96 3.07% Future 049-340-06 5.000 Ind $12.72 20.00 3.42% Future 049-340-02 5.000 Ind $12.72 20.00 3.42% Future 049-340-33 5.000 Ind $12.72 20.001 3.42% Future 049-330-09 4.790 Ind $12.72 19.161 3.28% Future 049-340-34 38.530 Ind $12.72 154.12 26.37% Future 049-320-16 10.000 Ind $12.72 40.00 6.84% Future049-320-15 27.130 Ind $12.72 108.52 18.57% Subtotal 93.73% 136.955 1 584.47 1 $497.36 ATTACHMENT City of Lodi Lodi Consolidated LIVID No. 2003-1 Zone 15 Maximum Assessment Assessment Roll APN Acreage Status dueF FY 200810 ASSESSMENT FZO 049-340-38 0.832 Comm 3.33 0.57% 15 049-330-11 2.590 Ind 10.36 1.77% 15 049-330-04 5.190 Ind 20.76 3.55% 15 049-330-10 0.551 Ind 2.20 0.38% Subtotal 6.27% Future 049-340-36 13.820 Ind 55.28 9.46% Future 049-340-12 5.000 Ind 20.00 3.42% Future ' 049-340-18 0.459 Ind 1.84 0.31% Future 049-340-17 0.571 Ind 2.28 0.397% Future 049-340-16 0.570 Ind 2.28 0.39% Future 049-340-15 0.606 Ind 2.42 0.41% Future 049-340-20 1.917 Ind 7.67 1.31% Future 049-340-19 0.572 Ind 2.29 0.39% 11 Future 049-330-08 13.500 Ind 54.00 9.24% Future 049-340-29 4.490 Ind 17.96 3.07% Future 049-340-06 5.000 Ind 20.00 3.42% Future 049-340-02 5.000 Ind 20.00 3.42% Future 049-340-33 5.000 Ind 20.00 3.42% Future 049-330-09 4.790 Ind 19.16 3.28% Future 049-340-34 38.530 Ind 154.12 26.37% Future 049-320-16 10.000 Ind 40.00 6.84% Future 049-320-15 27.130 Ind 108.52 18.57% Subtotal 93.73% 136.9551 1 584.471 100.00% ATTACHMENT 2 ZONE APN Acreage Status dueF 2008-09 ASSESSMENT Future 058-140-42 0.792 CR 3.96 0.59% Future 058-140-43 0.894 CR 4.47 0.66% Future 058-140-44 4.290 CR 21.45 3.17% Future 058-140-45 2.610 CR 13.061 1.93% Future 058-140-48 0.561 CR 2.81 0.41% Future 058-140-49 0.730 CR 3.65 0.54% Future 058-140-50 0.520 CR 2.60 0.38% Future 058-160-29 0.560 CO 2.80 0.41% Future 058-160-32 0.550 CO 2.75 0.41% Future 058-160-78 1.024 CO 5.12 0.76% Future 058-160-82 0.899 CO 4.50 0.66% Future 058-160-83 0.496 CO 2.48 0.37% Future 058-160-84 0.620 CO 3.10 0.46% Future 058-160-89 0.811 CO 4.06 0.60% Future 058-260-40 1.390 CO 6.95 1.03% Future 058-260-41 0.882 CO 4.41 0.65% Future 058-260-42 0.882 CO 4.41 0.65% Future 058-260-43 0.748 CO 3.74 0.55% Future 058-260-46 0.347 CO 1.74 0.26% Future 058-260-47 0.442 CO 2.21 0.33% Future 058-320-01 0.102 CO 0.51 0.08% Future 058-320-02 0.073 CO 0.37 0.05% Future 058-320-03 0.102 CO 0.51 0.08% Future 058-320-07 0.114 CO 0.57 0.08% Future 058-320-08 0.057 CO 0.28 0.04% Future 058-350-01 0.083 CO 0.41 0.06% Future 058-350-02 0.075 CO 0.37 0.06% Future 058-350-03 0.099 CO 0.50 0.07% Future 058-350-04 CO 0.00 0.00% Future 058-350-05 0.116 CO 0.58 0.09% Future 058-350-06 0.058 CO 0.29 0.04% Future 058-350-07 0.116 CO 0.58 0.09% Future 058-370-02 2.400 Conv. Care 12.00 1.77% Future 058-370-03 2.400 Conv. Care 12.00 1.77% Future 058-380-01 0.074 CO 0.37 0.05% Future 058-380-02 0.074 CO 0.37 0.05% Future 058-380-03 0.074 CO 0.37 0.05% Future 058-380-04 0.074 CO 0.37 0.05% Future 058-380-05 0.074 CO 0.37 0.05% Future 058-380-06 0.056 CO 0.28 0.04% Future 058-380-07 0.371 CO 1.86 0.27% Future 058-380-08 0.074 CO 0.37 0.05% Future 058-380-09 0.130 CO 0.65 0.10% Future 058-380-10 0.074 CO 0.37 0.05% Future 058-380-11 0.074 CO 0.37 0.05% Future 058-380-12 0.074 CO 0.37 0.05% Future 058-380-13 0.130 CO 0.65 0.10% Future 058-390-01 0.083 CO 0.411 0.06% ATTACHMENT 2 ZONE APN Acreage Status dueF 20N ASSESSMENT Future 058-390-02 0.075 CO 0.37 0.060 Future 058-390-03 0.099 CO 0.50 0.07% Future 058-390-05 0.116 CO 0.58 0.09% Future 058-390-06 0.058 CO 0.29 0.04% Future 058-390-07 0.116 CO 0.58 0.09% Future 058-400-01 0.037 CO 0.19 0.03% Future 058-400-02 0.037 CO 0.19 0.03% Future 058-400-03 0.037 CO 0.19 0.03% Future 058-400-04 0.065 CO 0.32 0.05% Future 058-400-05 0.278 CO 1.39 0.21% Future 058-400-06 0.037 CO 0.19 0.03% Future 058-400-08 0.037 CO 0.19 0.03% Future 058-400-09 0.037 CO 0.19 0.03% Future 058-400-10 0.037 CO 0.19 0.03% Future 058-400-11 0.065 CO 0.32 0.05% Future 058-400-12 0.278 CO 1.39 0.21% Future 058-400-13 0.037 CO 0.19 Future 060-020-01 2.520 CR 12.60 1.86% Future 060-020-03 0.770 CR 3.85 0.57% Future 060-020-04 0.558 CR 2.79 0.41 Subtotal 98.76% 147.769 676.53676.53J_2.00 ATTACHMENT 2 City of Lodi Lodi Consolidated LIVID No. 2003-1 Zone 16 Maximum Assessment Assessment Roll FF " ZONE APN Acreage Status dueF MAXIMUM ASSESSMENT 16 031-330-10 0.581 CO 2.91 0.43% 16 058-160-86 1.092 CO 5.46 0.81% Subtotal 1.24% Future 027-410-05 4.950 CO 24.75 3.66% Future 027-410-06 2.340 CO 11.70 1.73% Future 027-410-07 1.070 CO 5.35 0.79% Future 027-410-08 1.080 CO 5.40 0.80% Future 027-410-09 1.810 CO 9.05 1.34% Future 027-410-10 0.730 CO 3.65 0.54% Future 027-410-11 9.060 CO 41.40 6.12% Future 027-410-12 0.760 CO 3.80 0.56% Future 027-410-13 0.491 CO 2.46 0.36% Future 027-410-14 0.599 CO 3.00 Future 027-410-15 2.130 School 10.65 1.57% Future 027-410-16 2.670 Church 13.35 1.97% Future 027-410-17 3.680 Sr A is 18.40 2.72% Future 027-410-20 0.560 CO 2.80 0.41% Future 027-410-21 0.560 CO 2.80 0.41% Future 027-410-22 3.050 Church 15.25 2.25% Future 027-420-01 1.755 CR 1 8.78 1.30% Future 027-420-02 1.300 CR 6.50 0.96% Future 027-420-03 1.740 CR 8.70 1.29% Future 027-420-06 2.000 CR 10.00 1.48% Future 027-420-07 11.720 CR 48.05 7.10% Future 027-420-12 1.910 CR 9.55 1,41% Future 027-420-13 0.880 CR 4.40 0.65% Future 027-420-14 1.200 CR 6.00 0.89% Future 031-040-28 1.280 CO 6.40 0.95% Future 031-040-30 0.670 CR 3.35 0.50% Future 031-280-04 2.720 CO 13.60 2.01% Future 031-300-01 0.155 CO 0.78 0.11% Future 031-300-02 0.052 CO 0.26 0.04% Future 031-300-04 0.155 CO 0.78 0.11% Future 031-300-05 0.052 CO 0.26 0.04% Future 031-330-09 1.133 CO 5.67 0.84% Future 031-330-11 0.985 CO 4.93 0.73% Future 058-030-11 6.970 CR 34.85 5.15% Future 058-030-12 9.260 CR 41.90 6.19% Future 058-030-13 18.290 CR 60.36 8.92% Future 058-140-01 0.450 CR 2.25 0.33% Future 058-140-33 0.855 1 CR 4.28 0.63% Future 058-140-35 12.4501 CR 49.881 7.37%11 ATTACHMENT 2 ZONE APN Acreage Status dueF MAXIMUM ASSESSMENT Future 058-140-42 0.792 CR 3.96 0.59% Future 058-140-43 0.894 CR 4.47 0.66% Future 058-140-44 4.290 CR 21.45 3.17% Future 058-140-45 2.610 CR 13.05 1.93% Future 058-140-48 0.561 CR 2.81 0.41% Future 058-140-49 0.730 CR 3.65 0.54% Future 058-140-50 0.520 CR 2.60 0.38% Future 058-160-29 0.560 CO 2,80 0.41% Future 058-160-32 0.550 CO 2,75 6.41% Future 058-160-78 1.024 CO 5.12 0.76% Future 058-160-82 0.899 CO 4.50 0.66% Future 058-160-83 0.496 CO 2.48 0.37% Future 058-160-84 0.620 CO 3.10 0.46% Future 058-160-89 0.811 CO 4.06 0.60% Future 058-260-40 1.390 CO 6.95 1.03% Future 058-260-41 0.882 CO 4,41 0.65% Future 058-260-42 0.882 CO 4.41 0.65% 058-260-43 0.748 CO 3.74 0.55% Future 058-260-46 0.347 CO 1.74 0.26% Future 058-260-47 0.442 CO 2.21 0.33% [Future Future 058-320-01 0.102 CO 0.51 0.08% Future 058-320-02 0.073 CO 0.37 0.05% Future 058-320-03 0.102 CO 0.51 0.08% Future 058-320-07 0.114 CO 0.57 0.08% Future 058-320-08 0.057 CO 0,28 Future 058-350-01 0.083 CO 0.41 0.06% Future 058-350-02 0.075 CO 0.37 0.06% Future 058-350-03 0.099 CO 0.50 0.07% Future 058-350-05 0.116 CO 0.58 0.09% Future 058-350-06 0.058 CO 0.29 0.04% Future 058-350-07 0.116 CO 0.58 0.09% Future 058-370-02 • 2.400 Conv. Care 12.00 1,77% Future 058-370-03 2.400 Conv. Care 12.00 1,77% Future 058-380-01 0.074 CO 0.37 0.05% Future 058-380-02 0.074 CO 0.37 0.05% Future 058-380-03 0.074 CO 0.37 0,05% Future 058-380-04 0.074 CO 0.37 0.05% Future 058-380-05 0.074 CO 0.37 0.05% Future 058-380-06 0.056 CO 0.28 0.04% Future 058-380-07 0.371 CO 1.86 0.27% Future 058-380-08 0.074 CO 0.37 0.05% Future 058-380-09 0.130 CO 0.65 0.10% Future 058-380-10 0.074 CO 0.37 0.05% Future 058-380-11 0.074 CO 0.37 0.05% Future 058-380-12 0.074 CO 0.37 0.05°% Future 058-380-13 CO 0.65 0.10% Future 058-390-01 ±.130 83 CO 0.41 0.06% Future 058-390-02 75 CO 0.37 0.06% ATTACHMENT 2 ZONE APN Acreage Status dueF MAXIMUM ASSESSMENT Future 058-390-03 0.099 CO 0.50 0.070% Future 058-390-04 CO 0.00 0.000% Future 058-390-05 0.116 CO 0.58 0.090/( Future 058-390-06 0.058 CO 0.29 0.040/c Future 058-390-07 0.116 CO 0.58 0.09% Future 058-400-01 0.037 CO 0.19 0.030X Future 058-400-02 0.037 CO 0.19 0.030/c Future 058-400-03 0.037 CO 0.19 0.030/c Future 058-400-04 0.065 CO 0.32 0.050/c Future 058-400-05 0.278 CO 1.39 0.210 Future 058-400-06 0.037 CO 0.19 0.030/c Future 058-400-08 0.037 CO 0.19 0.030/c Future 058-400-09 0.037 CO 0.19 0.030/c Future 058-400-10 0.037 CO 0.19 0.030/c Future 058-400-11 0.065 CO 0.32 0.059/c Future 058-400-12 0.278 CO 1.39 0.21 Future 058-400-13 0.037 CO 0.19 0.030/c Future 060-020-012.520 CR 12.60 1.86% Future 060-020-03 0.770 CR 3.85 0.57% Future 060-020-04 0.558 1 CR 1 2.791 0.41% Subtotal 98.76% 147.76 1676.53 100.000/4 RESOLUTION NO. 2008-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, STATE OF CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, TO ANNEX TERRITORY INTO THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 2003-1, ORDERING MAINTENANCEWORK THEREIN AND CONFIRMING THE REPORT, DIAGRAM, AND ASSESSMENT, AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT THEREIN WHEREAS, the City Council of the City of Lodi has initiated proceedings for the annexation of territory and levy of annual assessments in a special maintenance district created pursuantto the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2, of the Streets and Highways Code of the State of California (the "1972 Act"), Article XIIID of the Constitution of the State of California ("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 may be referred to collectively herein as the "Assessment Law"), such special assessment district annexation known and designated as City of Lodi, "Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1" (the "District"). The areas proposed to be annexed will become Zones within the District. Such Zones shall be known and designated as: ZONE 14 — LUCA PLACE ZONE 15—GUILD AVENUE INDUSTRIAL WHEREAS, the City Council did order and subsequently receive a report prepared by NBS (the "Assessment Engineer") prepared in accordance with the Assessment Law (the "Report"); and WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is 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 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; and WHEREAS, the City Council did set the time and place for a Public Hearing to considerthe proposed District and the authorization to levy annual assessments therein and did order that notice of such Public Hearing accompanied by assessment ballots be given to the record owners of property within the proposed District in accordance with the provisions of the Assessment Law; and WHEREAS, notice of such Public Hearing accompanied by assessment ballots were mailed to the record owners of property within the proposed District in accordance with the provisions of the Assessment Law. NOW, THEREFORE, BE IT RESOLVEDAS FOLLOWS: SECTION 1. RECITALS: The above recitals are all true and correct. SECTION 2. PROCEDURES: This City Council hereby finds and determines that the procedures for the consideration of the levy d the assessments have been undertaken in accordance with the Assessment Law. SECTION 3. ASSESSMENT BALLOT PROCEDURES: Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the District, which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the Public Hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council, and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within the District has been found to exist. SECTION 4. ANNEXATION OF TERRITORY: This City Council hereby orders the annexation of territory into the District. SECTION 5. DETERMINATION AND CONFIRMATION: Based upon the Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed for Fiscal Year 2008-09 and the maximum annual assessments proposed to be imposed to pay for the estimated costs of the maintenance of all of the improvementsto ultimately be maintained upon the completion and acceptance of thereof: a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. C. Only the special benefits have been assessed. The assessments for the District contained in the Report for Fiscal Year 2008-09 are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in said Report. Subsequent annual assessments in amounts not to exceed the maximum annual assessment of the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance thereof as set forth in the Report may be subsequently confirmed and levied without further assessment ballot proceedings pursuantto the Assessment Law. As of December of each fiscal year after the base year (Fiscal Year 2008-09), the maximum amount of each assessment (the "Maximum Assessment') shall be increased by the greater of 5% or C.P.I. without further compliance with the assessment ballot procedures required under the Assessment Law. SECTION 6. ASSESSMENT ENGINEERS REPORT: The "Report" as presented, 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 2008-09 Levy for each Assessor Parcel within the District. This City Council hereby finds the Report to be satisfactory, approved and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 7. ORDERING OF MAINTENANCE: The public interest and convenience requires and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Report. SECTION 8. FILING WITH CITY CLERK: The above -referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 9. FILING WITH THE COUNTY AUDITOR: The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. SECTION 113. ENTRY UPON THE ASSESSMENT ROLL: After the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. SECTION 11. COLLECTION AND PAYMENT: The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. SECTION 12. FISCAL YEAR 2008-09: The assessments as above confirmed and levied for these proceedings will provide revenue to finance the maintenance of authorized improvements in the fiscal year commencing July 1, 2008 and ending June 30, 2009. Dated: May 7, 2008 hereby certify that Resolution No. 2008-81 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 7, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None RAND[JOHL City Clerk PleaW immediately confirm receipt of this fax by ca llinz 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT RESOLUTIONMOTICE OF HEARING 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 A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES PUBLISH DATE: SATURDAY, APRIL 5,2008 TEAR SHEETS WANTED: One (1)please SEND AFFIDAVIT AND BILL TO: DATED: THURSDAY, APRIL 3,2008 ORDERED BY: RANDI JOHL CITY CLERK J IFER M. ERRIN, CMC D UTY 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) on LNS Phoned to confirm receipt of all pages at (time) formsladvins.doc DECLARATION OF POSTING RESOLUTION/NOTICE OF HEARING 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 A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES On Friday, April 4, 2008, in the City of Lodi, San Joaquin County, California, a Resolution/Notice of Hearing 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 a Public Hearing thereon and ordering the initiation of assessment ballot procedures (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 April 4, 2008, at Lodi, California. AA JEJAIIFER M PERRIN, CMC DEPUTY CITY CLERK N:1Admini stration\CLER K\Forms\DECPOSTPW.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF MAILING RESOLUTIONINOTICE OF HEARING 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 A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES On Thursday, April 3, 2008, 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 Hearing 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 a Public Hearing thereon and ordering the initiation of assessment ballot procedures, attached hereto marked ExhibitA. The mailing listfor 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 envelopeswere addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on April 3, 2008, at Lodi, California. �. IDUTY IFER M. ERRIN, CMC CITY CLERK Formsldecmaii.doc ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING gEXHIBITA RESOLUTION NO. 2008-58 A RESOLUTION OF THE LODI CITY COUNCIL, STATE OF CALIFORNIA, DECLARING ITS INTENTIONTO ANNEX TERRITORY 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 Lodi City Council, pursuant to the terms of the Landscape and Lighting Act of 1972, Parte; Division 15, of the California Streets and Highways Code (commencing with Section 22500) (the "1972 Act'), Article XIIID of the Constitution of the State of California ("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 known and designated as "Lodi Consolidated Landscape Maintenance District No. 2003-1" (hereafter referred to as the "District"). The areas proposed to be annexed shall be known as the "Annexation" and will become Zones within the District. Such Zones shall be known and designated as: ZONE 14— LUCA PLACE ZONE 15—GUILDAVENUE INDUSTRIAL ZONE 16 —WEST KETTLEMAN LANE COMMERCIAL 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 Annexation; 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 RESOLVEDAS FOLLOWS: SECTION 1: Recitals: The above recitals are all true and correct. SECTION 2 Declaration 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 Annexation. Such improvements and the maintenance and servicing of such improvements are generally described as: The improvements include: landscaping, planting, shrubbery, trees, turf, irrigation systems, lighting systems, street lighting, traffic signals, street sweeping, park maintenance, and associated appurtenant facilities. The maintenance cf 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: Boundaries of District: The improvements are of special benefit to the properties within the boundaries of the Annexation. The City Council previously declared the boundaries to encompass the area specially benefited by such improvements, and for particulars, reference is madeto 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: Report of Assessment Enqineer: The Assessment 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 Annexation. SECTION 5: Public Hearing: Notice is hereby given that a Public Hearing is hereby scheduled to be held at 305 West Pine Street, Lodi, California, on Mav 7, 2008. at 7:00 p.m. 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 Annexation 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 May 7, 2008: City Clerk City of Lodi 221 West Pine Street Lodi, California 95240 After 5:00 p.m. on May 7, 2008, assessment ballots may be delivered to the City Clerk only at the location of the Public Hearing given above (305 West Pine 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 that is prior to the date and time of the Public Hearing but 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 Annexation. A majority protest exists if, upon the conclusion of the Public Hearing, assessment ballots submitted in opposition to the assessments within the Annexation 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 cf 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: Proceedinas Inauiries: The following staff person is designated to respond to all inquiries for any and all information relating to the proposed Annexation and these proceedings, including the assessment ballot procedure: RICK CLARK NBS 32605 TEMECULA PARKWAY, SUITE 100 TEMECULA, CA 92592 TELEPHONE: 800-676-7516 Dated: April 2, 2008 hereby certify that Resolution No. 2008-58 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 2, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None NNIFE . PERRIN eputy City Clerk 2008-58 E X._ LL.Gr�'Ci[.zjGi� rYkx.r'rlfer�r�� zor� APN Site Address Owner Name Mailing Address 027-420-09 1380 Westgate Drive Costamagna Partners LP PO Box 73 Woodbridge, CA 95258 031-330-10 1811 W. Kettleman Lane R. Thomas Development, Inc.. Etal PO Box 1598 Lodi, CA 95241 049-080-81 1399 E. Turner Road Richard H. Kulka 4701 Sisk Rd., Ste. 101 049-080-82 1390 E. Turner Road Modesto, CA 95356 049-080-74 955 N. Guild Avenue Gregory & Deidra Carpenter 940 E. Victor Road Lodi, CA 95240 049-340-38 1581 E. Victor Road Vernon & Jenise Vierra 151 W. Taddei Road Acam o, CA 95220 058-160-86 1750 W. Kettleman Lane Eagle Credit Union PO Box 8266 Stockton, CA 95208 CITY COUNCIL JOANNE L. MOUNCE. Mayor LARRY 0. HANSEN, Mayor Pro Tempore SUSAN HITCHCOCK BOBJOHNSON PH I L 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 EMA11_ �pwdeptgiodi.gov http:C\www.l i.gov May 2,2008 NBS 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 BLAIR KING City Manager RANDI JOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director SUBJECT: Public Hearing to Consider Resolution Adopting Engineer's Report, Confirming Assessments, Overruling Protestsand Declaring Assessment Ballot Results and Annexing Territory into the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 and Forming Luca Place Zone 14, Guild Avenue Industrial Zone 15, and West Kettleman Lane Commercial Zone 16 Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, May 7, 2008. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak 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 communicatingwith 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. -�,C&4,ZX3 F. Wally Sandelin -Gr • Public Works Director FWS/pmf Enclosure cc: City Clerk NCINTENTION_PH.DOC DECLARATION OF POSTING RESOLUTION/NOTICE OF CONTINUED HEARING DECLARING INTENTIONTO 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 A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES On Friday, May 9, 2008, in the City of Lodi, San Joaquin County, California, a Resolution/Notice of CONTINUED Hearing 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 a Public Hearing thereon and ordering the initiation of assessment ballot procedures (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 I declare under penalty of perjurythat the foregoing is true and correct. Executed on May 9, 2008, at Lodi, California. JENOER M.*RRIN, CMC DEPUTY CITY CLERK N:1Administration\CLEF,K\]Forms\DECPOSTPW.DQC ORDERED BY: RAND[JOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING CONTINUED TO MAY 21, 2008, 7 P.M. RESOLUTION NO. 2008-58 A RESOLUTION OF THE LODI CITY COUNCIL, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY 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 FORA PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, the Lodi City Council, 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 X1110 of the Constitution of the State of California ("Article XIIID'), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "ImplementationAct") (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 known and designated as "Lodi Consolidated Landscape Maintenance District No. 2003-1" (hereafter referred to as the "District"). The areas proposed to be annexed shall be known as the "Annexation" and will become Zones within the District. Such Zones shall be known and designated as: ZONE 14 — LUCA PLACE ZONE 15 —GUILD AVENUE INDUSTRIAL ZONE 16 —WEST KETTLEMAN LANE COMMERCIAL 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 Annexation; 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: Recitals: The above recitals are all true and correct. SECTION 2: Declaration 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 Annexation. Such improvements and the maintenance and servicing of such improvements are generally described as: The improvements include: landscaping, planting, shrubbery, trees, turf, irrigation systems, lighting systems, street lighting, traffic signals, street sweeping, park maintenance, 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: Boundaries of District: The improvements are of special benefit to the properties within the boundaries of the Annexation. 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: Report of Assessment Engineer: The Assessment 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 Annexation. SECTION 5: Public Hearing: Notice is hereby given that a Public Hearing is hereby scheduled to be held at 305 West Pine Street, Lodi, California, on May 7, 2008, at 7:00 p.m. 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 cf 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 Annexation 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 May 7,2008: City Clerk City of Lodi 221 West Pine Street Lodi, California 95240 After 5:00 p.m. on May 7, 2008, assessment ballots may be delivered to the City Clerk only at the location of the Public Hearing given above (305 West Pine 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 that is prior to the date and time of the Public Hearing but 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 Annexation. A majority protest exists if, upon the conclusion of the Public Hearing, assessment ballots submitted in opposition to the assessments within the Annexation 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: Proceedings Inquiries: The following staff person is designated to respond to all inquiries for any and all information relating to the proposed Annexation and these proceedings, including the assessment ballot procedure: RICK CLARK NBS 32605 TEMECULA PARKWAY, SUITE 100 TEMECULA, CA 92592 TELEPHONE: 800-676-7516 Dated: April 2, 2008 hereby certify that Resolution No. 2008-58 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 2, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS — None �/!` NIFE . PER IN eputy City Clerk