HomeMy WebLinkAboutAgenda Report - May 21, 2008 I-01a PH1 An
AGENDA ITEM 1f
COY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Continued Public Hearing to Rescind Resolution No. 2008-81 and 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 21,2008
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Conduct a public hearing to rescind Resolution No. 2008-81 and 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 (District).
1. Resolution of PreliminaryApproval of the Engineer's Report Regarding the Proposed Annexation of
Territory into the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 and the
Levy and Collection of Assessments for Fiscal Year 2008109
2. Resolution Declaring Intention to Annex Territory into Lodi Consolidated Landscape Maintenance
Assessment District No. 2003-1 and to Provide for the Levy and Collection of Assessments in Such
Annexation, Setting a Time and Place for Public Hearing Thereon and Ordering the Initiation of
Assessment Ballot Procedures
3. Resolution Initiating 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
On May 7, 2008, the public hearing to annex Zones 14, 15 and 16 into the Districtwas continued to
accommodate one of the property owners who did not realize that annexation to the Districtwas a
condition of development for his project. He had voted to oppose annexation to the District and wanted
to change his vote. The hearing was continued and the property owner was provided with another ballot.
APPROVED: /
Blair I44AT,<ity Manager
K:IWRDEV SERV\iandscapeDistdct12003Zone14_15_16XCintentlon_PHCorvonued.doc 5/16/2008
Continued Public Hearing to Rescind Resolution No. 2008-81 and to Consider ResolutionAdopting
Engineer's Report, Confirming Assessments, Overruling Protests and Declaring Assessment Ballot
Results and Annexing Territory intothe Lodi Consolidated Landscape Maintenance Assessment District
2003-1 and Forming Luca Place Zone 14, Guild Avenue IndustrialZone 15 and West Kettleman Lane
Commercial Zone 16
May 21,2008
Page 2
Ballots were mailed to the existing property owners to comply with Proposition 218 requirements. The
ballotswill be tabulated and the resultswill 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
landowners who 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.
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 conjunction with 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
subsequent to the formation of the assessment district into 17 medium -density residential lots.
Zone 15
Guild Avenue IndustrialZone 15 is comprised of four industrialzoned 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 13was the first zone annexed on April 7, 2007. Zone 15
receives 6.27% of the benefit (Attachment 1) from the public improvements and will, therefore, provide
6.27% 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 responsible for 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 occurwithin the defined Area of Benefit, Exhibit4. Zone 16 receives 1.24% of the benefit
(Attachment 2) from the public improvements and will, therefore, provide 1.24% of the funding for the
maintenance of those improvements. Until such time that the balance of the parcelswithin the Area of
Benefit are annexed, the City will be responsible for 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.
K:IWRDEV_5EWLandscapeDlstrict\2003Zone14-15-161Cinterrtion—AHContinued.doc 5/16/2008
Continued Public Hearing to Rescind Resolution No. 2008-81 and 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 21,2008
Page 3
Election ballotswere distributed to the owners of record as of the date of ballot preparation. Voting is
based upon acres and simple majorityvote is requiredto form the district.
The First Year Assessment will be added to the tax roll for Fiscal Year 2008109 and the first revenues
from the districtwill 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.
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.
k/
F. Wally SdAdefln
Public Works Director
Prepared by Sharon A. Welch, Senior Civil Engineer
FWSISAWIpmf
Attachments
cc: Sharon Welch, Senior Civil Engineer
Curt Juran, Assistant Streets and Drainage Manager
NBS
K:1W PIDEV_SERV1LandscapeDisbict12003Zone14_15_161CIntenbon_PHConUnued.doc 5/16/2D08
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
PER dueF
PARCEL
dueF
FY 2008/09
ASSESSMENT
14
Por. of 027-420-09
N/P
NIA
RES
$172.72
1.0
$172.7
14
Por. of 027-420-09
N/
NIA
RES
$172.72
1.0
$172.7
14
Por. of 027-420-09
N/
N/
RES
$172.72
1.0
$172.7
14
Por. of 027-420-09
N/
N/
RES
$172.72
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
NIA
N/
RES
$172.7
1.0
$172.7
14
Por. of 027-420-09
Nh4
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
NIA
NIA
RES
$172.72
1.0
$172.7
14
Por. of 027-420-09
Nh4
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
$172.7
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
5.1 G.
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
2.5
IND
$12.72
10.3
$131.7
15
049-340-38
0.832
0.832
IND
$12.72
3.32E
1412
36.65
$ 466.2A-
16
031-330-10
0.581
0.581
COM
$31.66
2.90E
$91.9
16
058-160-86
1.092
1.092
COM
$31.6E
5.46C
172.8
8.36
$ 264.8
Prepared by NBS 7-1
MAXIMUM ASSESSMENT ROLL
Prepared by NB S 7-2
ACTUAL
ASSESSED
PARCEL
ASSESSMENT
PARCEL
MAXIMUM
ZONE
APN
ACRES
ACRES
TYPE
PER dueF
dueF
ASSESSMENT
14
Por. of 027-420-09
N/
NIA
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
NIP
NIP
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
NIA
NIP
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9d
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
N/A
RES
$293.9A
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
NIP
NIP
RES
$293.9d
1.0
$293.9
14
Por. of 027-420-09
NIP
NIP
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
NIA
RES
$293.9
1.0
$293.9
14
Por. of 027-420-09
N/
N/P
RES
$293.9
1.0
293.9
17.0
$4,996.9
15
049-330-04
5.1
5.1
IND
$101.47
20.7E
$2,106.5.-
15
049-330-10
0.551
0.551
IND
$101.4
2.20
$223.6
15
049-330-11
2.5
2.5
IND
$101.47
10.3E
$1,051.2
15
049-340-38
0.83
0.83
IND
$101.47
3.32E
$337.7C
36.65
$3,719.0
16
031-330-10
0.581
0.581
COM
$37.24
2.90
$108.1
16
058-160-86
1.092
1.092
COM
$37.2
5.46
203.3
8.36
$ 311.5
Prepared by NB S 7-2
OFA
OF • , I
PUBLIC WORKS DEPARTMENT
6yL�� i
AREA OF BENEFIT
LUCA PLACE - ZONE 14
EXHIBIT 2
2q ��
,121 H
2439 H n
Bn n fit. n a —
N �
a for R .
7164
I 1339
,333 2,2
L 1226
U3 APN 027-420-09 1361
v
Of
,369 0
c
m
1379 L
� c
1367 Q
O F
1
N N eaj!i
Hwy. 12 Kettleman Ln. V r
,440
v
c V = 1000'
AREA OF BENEFIT
GUILD AVENUE
INDUSTRIAL
EXHIBIT 3
49-08-081-
049-08-082
a - Tu Rd.
a 049-08-077
M-2 049-08-005
aen
Lime St.
U
.,, 049-08-028
04934-006
049-34-034
P-34-017
049-34-018 M-1
Legend
❑ Zone 13
049-34-019 ® Zone 15
049-34-038
049-34-036
i
Victor Rd. (Hwy. 12) s
049-04-047 049-04-019
F
a++ Maces M2 v
a
Un -
"
a a x 9 a line Pine St.
goo zpo 1" = 600'
04 8-074
049-34-002
b
aw
M-1
J�fF9-3 ;�16 049-34-012
049-34-015
oas3a-oto
493 -0
29
U.P R.R
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. 2008-92
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LODI RESCINDING RESOLUTION 2008-81
RELATING TO THE LODI CONSOLIDATED LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 2003-1
WHEREAS, the City Council of the City of Lodi adopted Resolution No. 2008-81
at its meeting held May 7, 2008, relating to the Lodi Consolidated Landscape
Maintenance Assessment District; and
WHEREAS, Resolution 2008-81 included the adoption of two zones known as
Zone 14 — Luca Place and Zone 15— Guild Avenue Industrial; and
WHEREAS, Resolution 2008-81 should also include a third zone designated as
Zone 16 —West Kettleman Commercial; and
WHEREAS, staff recommends rescinding Resolution 2008-81 in its entirety and
adopting one Resolution inclusive of all three zones.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi
hereby rescinds Resolution No. 2008-81 relating to the Lodi Consolidated Landscape
Maintenance Assessment District No. 2003-1 as it was adopted May 7, 2008 in its
entirety.
Dated: May 21, 2008
hereby certify that Resolution No. 2008-92 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 21, 2008, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Mounce
NOES; COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS — None
R NDI JOHL
City Clerk
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
INTOTHE LODI CONSOLIDATED LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 2003-1, ORDERING
MAINTENANCE WORK THEREIN, AND CONFIRMING THE
REPORT, DIAGRAM, AND ASSESSMENTAND 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 cf annual assessments in a special maintenance district
created pursuant to the terms cf the "Landscaping and Lighting Act of 1972," being
Division 15, Part 2, cf the Streets and Highways Code of the State Cr California (the "1972
Act"), Article XIIID of the Constitution cf 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 —GUILDAVENUE INDUSTRIAL
ZONE 16 —WEST KETTLEMAN COMMERCIAL
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
consider the 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 dE 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 of 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
pursuant to 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 ENGINEER'S REPORT: The "Report" as presented,
consists of the following:
A. Descriptionof 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
requires and this
to be made and
Report.
MAINTENANCE: The public interest
legislative body does hereby order the
performed as said maintenance work
and convenience
maintenancework
is set forth in the
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 10. 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 21,2008
I hereby certify that Resolution No. 2008-93 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 21, 2008, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— Hitchcock
ABSTAIN: COUNCIL MEMBERS— None
City Clerk
2008-93
<<F-0
DECLARATION OF POSTING
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
On Friday, May 9, 2008, in the City of Lodi, San Joaquin County, California, a
Resolution/Notice cf 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 perjury that the foregoing is true and correct.
Executed on May 9, 2008, at Lodi, California.
AA 0
1U
Q-A--
JEPYIFER M PERRIN, CMC
DEPUTY CI CLERK
N:\AdministrationlCLERK&F )rms\DECPOSTPW.DOC
ORDERED BY:
RANDIJOHL
CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
NOTICE OF PUBLIC HEARING CONTINUED TO MAY 21, 2008,7 P.M.
f;3=�Y�1���L�]i•li•L���Z�Z:�:3
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
HEARINGTHEREON, AND ORDERING THE INITIATIONOF
ASSESSMENT BALLOT PROCEDURES
WHEREAS, the Lodi City Council, pursuant to the terms of the Landscape and Lighting
Act of 1972, PartZ 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 X110), 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—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 statementsand 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 pursuantto 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 of the affected properly.
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: Proceedinqs 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
NIFEPERRIN
eputy City Clerk
KI:
CITY COUNCIL
JOANNE L. MOUNCE, Mayor
LARRY D. 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
LOOI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAIL IIOC�.gOV
http:\ www.iddi.gov
May 16,2008
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: Continued Public Hearing to Rescind Resolution 2008-81 and 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 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 21, 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 letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Randi Johl, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch,
Senior Civil Engineer, at (209) 333-6800, extension 2659.
401"-
F. Wally Sandelin
r ' Public Works Director
FWSlpmf
Enclosure
cc: City Clerk
NCINTENTION_PHCONTINUED.DOC