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HomeMy WebLinkAboutResolutions - No. 2004-216RESOLUTION NO. 2004-216 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ANNEX WOODLAKE MEADOW (ZONE 7) TO A MAINTENANCE ASSESSMENT DISTRICT, TO FORM ZONE 7, TO LEVYAND COLLECTAN ANNUAL ASSESSMENT FOR MAINTENANCEAND OPERATION OF IMPROVEMENTSAND FOR COSTSAND EXPENSESAND SETTING TIME AND PLACE OF PUBLIC HEARING AND SETTING FORTH MAILED PROPERTY OWNER BALLOT PROCEDUREAND NOTICE WOODLAKE MEADOW ZONE 7 LODI CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 2003-1 (Landscaping and LightingAct of 1972) NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that: 1. The City Council proposes to annex territory to an existing assessment district, to form a zone and to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highway Code, Section 22500, et seq.) (the "Act"). 2. The improvements to be installed and/or maintained in the territory to be annexed are generally described as public park land area 0.0468 acres in size, equivalentto the current level of service standard for park area within the City of 3.4 acres per 1,000persons served. 3. The territory to be annexed shall be known as follows: Woodlake Meadow Zone 7, Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 (Landscaping and Lighting Act of 1972), City of Lodi, San Joaquin County, California. The territory is a residential area comprising 5 lots in all, east of Lower Sacramento Road, north of Eilers Lane, south of the Southern Pacific Railroadtracks, and east of Lodi Lake Park in the City of Lodi, California. 4. In accordance with the City Council's resolution initiating proceedings, Thompson- Hysell Engineering, a division of The Keith Companies, Inc., of Modesto, California, designated engineer, has filed with the City Clerk the Report required by Section 22585 of the Act, which Report has been preliminarily approved by this Council. All interested persons are referred to that Report for a full and detailed description of the improvements, the zone to be formed, the proposed assessments upon assessable lots and parcels of land within the territory proposed to be annexed and the proposed budget for the fiscal year 2005-06, the estimated cost of annual operation and maintenance of the improvements, and the maximum annual assessment. 5. On Wednesday, December 15,2004, at the hour of 7:00 p.m., or as soon thereafter as possible, at the regular meeting place of the Lodi City Council, Carnegie Forum, 305 West Pine Street, Lodi, California, the City Council will conduct a public hearing, at which the Council will hear and consider any objections and protests respecting (a) whether the public interest and convenience require the improvements and/or maintenance thereof, (b) the extent of the territory to be annexed and the formation of Zone 7, (c) the estimated costs and expenses of the project, (d) the amounts of the assessments proposed to be levied upon the benefited parcels, and (e)the method or formula by which benefit has been estimated and any other aspect of the proposed annexation of territory and the formation of Zone 7 to which any interested person may want to object or protest. The City Clerk shall tabulate the assessment ballots received and report the same to the City Council. 6. The proposed boundaries of the proposed territory to be annexed are hereby described as shown on a map thereof on file in the office of the City Clerk (the "Amended Boundary Map"), which indicates by a boundary line the extent of the territory to be included in the proposed City cf Lodi; ROI Zone 7 draft 10 /5/04 annexation and which Amended Boundary Map shall govern for all details for further purposes of the proceedings for the annexation and to which reference is hereby made for further particulars. This Council approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in the proposed annexation and finds that the map is in the form and contains the matters prescribed by Section 3113 of the California Streets and Highways Code. This Council directs the City Clerk to certify the adoption of this resolution on the face of the map, and to record, or cause to be recorded, said map of the boundaries of the territory proposed to be annexed in the office of the County Recorderwithin ten days of the date of the adoption of this Resolution. 7. Notice is further given that Wally Sandelin of the Public Works Department, Telephone (209) 333-6709, is the person and the department designated by this Council to answer inquiries regarding the protest proceedings. 8. The City Clerk is hereby authorized and directed to cause notice of the hearings ordered under Section 5 hereof to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and the return address of the City Clerk as the sender. The mailed notice shall be given to all property owners within the territoryto be annexed as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of San Joaquin or the State Board of Equalization assessment roll, as the case may be. The notice shall include, but not be limited to, the total amount of the assessment proposed to be levied in the territory proposed to be annexed, the assessment proposed for the owner's particular parcel(s) and the duration thereof, the reason for the assessment and the basis upon which the amount of the assessment was calculated. Each notice shall also contain an assessment ballot, a summary of the procedures applicable to the completion, return and tabulation of assessment ballots, and a statement that the existence of a majority protest will result in the assessment not being imposed. The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing. Dated: October 20,2004 I hereby certify that Resolution No. 2004-216 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 20,2004, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS— None ABSENT COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None SUSAN J. BLACKSTON City Clerk 2004-216 EXHIBIT 1 ENGINEER'S REPORT WOODLAKE MEADOW ZONE 7 LODI CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 2003-1 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972) CITY OF LODI FISCAL YEAR 2004-2005 PREPARED B Y Thompson-Hysell Engineers, a division of The Keith Companies, Inc. 101612th Street Modesto, CA 95354 OCTOBER 2004 50 ANNUAL ENGINEER'S REPORT FOR THE 2004-2005 FISCAL YEAR WOODLAKE MEADOW ZONE 7 LODI CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTNO.2003-1 CITY OF LODI (Pursuant to the Landscaping and Lighting Act of 1972) The undersigned respectfully submits the enclosed annual report as directed by the City Council. DATED: _ ,2004. Thomp son-Hysell Engineers Engineer of Work Michael T. Persak RCE 44908 I HEREBY -'ERTIFY that the enclosed Annual Engineer's Report, together with Bounda}y Map, Assessment, and Assessment Diagram thereto attached, was filed with me on the day of 2004. , City Clerk, City of Lodi San Joaquin County, California mm I HEREBY CERTIFY that the enclosed Annual Engineer's Report together with Assessment and Assessment Diagramthereto attached, was approved and confirmedby the City Council of the City of Lodi, California on the day of ,2004. , City Clerk, City of Lodi San Joaquin County, California Lot", I HEREBY CERTIFYthat the enclosedAnnual Engineer's Report together with Assessment and Assessment Diagram thereto attached, was filed with the Auditor of the County of San Joaquin on the day of ,2004. , City Clerk, City of Lodi San Joaquin County, California 51 October 11,2004 The Honorable Mayor and City Council of The City of Lodi, CA To Whom It May Concern: This report is prepared pursuant to and in compliance with the requirements o fthe "Landscaping and Lighting Act of 1972," as amended, commencing with the Streets and Highways code sections 22500, et seq. for the creation of a new zone (Woodlake Meadow Zone 7) in the Lodi Consolidated Landscape Maintenance Assessment DistrictNo. 2003-1. BACKGROUND The Woodlake Meadow zone consists of a 5 -lot residential development located in the northwestem portion of the City of Lodi. The development is being pursued by Woodlake Meadow, LLC. This report is relative to the proposed Woodlake Meadow Zone 7 Landscape Maintenance District o fthe City ofLodi Consolidated Landscape Maintenance Assessment DistrictNo. 2003-1, whichprovides annual funds for the maintenance of various public landscape improvements. PHASED DEVELOPMENT The Woodlake Meadow Zone 7 development is currently anticipated to be constructed in a single phase. Annually, the additionalpublic amenity improvements and the additional developed areas, if any, shall be identified. The costs of the maintenance of the new improvements, if any, shall be added to and included in the next annual landscape maintenance budget. These amounts for the additional improvements were accounted for in determiningthe maximum annual assessment (see Exhibit A). The Woodlake Meadow Zone 7 project, when completed, will include 5 dueF's. ASSESSMENT DISTRICT AREA The area of Woodlake Meadow Zone 7 is described as all of the property within the following assessor's parcel identified by assessor's number (APN): Book Parcel 015 230 09 A boundary map is attached to this Engineer's Report as Exhibit B. The assessment diagrams for the Woodlake Meadow Zone 7 Landscape Maintenance District are attached to the Engineer's Report as Exhibit C. Sheet 1 ofthe assessment diagrams is a simple overall boundary map. Sheet2 is the County Assessor's map and is incorporated in, and made a part of, the assessment diagram. 52 Engineer's Report Woodlake Meadow Zone 7 Page 2 of 6 Oc4o6er 11, 2004 ..S IS AND SPECIFICATIONS As this project is developed,plans and specifications forthe amenity improvements to be maintained by the funds generatedby the Woodlake Meadow Zone 7 Landscape Maintenance District shallbe filed with the City of Lodi and will be incorporated into this report by reference. DESCRIPTION OF AREAS TO BE MAINTAINED The Woodlake Meadow Zone 7 Landscape Maintenance District is created to provide funding for the continued maintenance of the public areas describedbelow. During the installation period for each phase, the installer of the improvements will maintain the new improvements until the following June 30, or until 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. The following improvements shall be included in the District upon their completion Description of Improvements for Future Develoument A. Public park land area of 0.0468 acres in size equivalentto the current level of service standard for park area within the City of 3.4 acres per 1000 persons served. OCATION OF COSTS Assessments forthe Woodlake Meadow Zone 7 Landscape Maintenance District are apportionedin a manner intended to fairly distribute the amounts among all assessable developed parcels in proportion to the estimated benefits to be received by each such parcel. A parcel is considered as being developed by reason of having been included as a lot or parcel in the Zone 7 recorded Final Map or being included within the active developed area in the case of an existing parcel. The criteria for apportioningthe costs for the maintenance makes use of a dwelling unit equivalentFactor (dueF) to calculate the benefit for all uses in terms of equivalent dwelling units. The terms, definitions, and procedures followed to develop the annual assessment are as follows: 1. Dwelling Unit Equivalent Factor dueF The dueF for each use is as follows: A. Single-FamilvResidential All parcels determinedto be developed for single-family use shall have a dueF of 1.0 for each parcel. Parcels designated for duplex use will be assigned a dueF of 2.0. B. Multit)le-Family Residential All parcels determined to be developed for multiple -family residential, other than duplex or triplex uses, shall have a dueF of 5.0 per acre for each parcel, in general representative of the approximate single-familyyield if the area were developed for that use. 53 Engineer's Report Woodlake Meadow Zone 7 Page 3 of 6 October 11, 2004 C. Commercial/Office All parcels determined to be developed for commercial or office use shall have the dueF factor calculated as follows: 5 dueF per acre for the first 7.5 acres 2.5 dueF per acre for the next 7.5 acres 1.25 dueF per acre for all acreage over 15 acres. D. Other Uses All parcels determined to have uses other than identified above shall have a dueF established at the time of the first annual budget affecting such areas as determined by the Engineer or other officer appointedby the City of Lodi to prepare the annual cost spread. The determined dueF shall followthe characterof the factors assigned above as nearly as practicable, but the determination shall be the sole responsibility of the appointed party and the City of Lodi. E. Zero Dwelling Unit Equivalent Factor dueF 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 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 determinedby area and which have a portion ofthe parcel occupied by public or public utility uses separate from the entitled use and located in easements,prior to the multiplicationby 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. 2. Compilation Annually, about May 15, followingthe determination of the dwelling unit equivalent Factor (dueF) for all developed parcels and the determination of the list of developed parcels by APN for the next fiscal year, all single-family orduplex/triplex residential parcels shallhave a dwelling unit equivalent (due) assigned to each parcel equal to the dueF for that parcel. For all parcels other than single-family or duplex/triplex residential parcels, the product of the dueF times the area or adjusted usable area of the parcel, as appropriate, shall be calculatedand shallbe the due assigned. For developedparcels, the sumofthe due assigned to each single-family due for each other parcel shall equal the total due for the next fiscal year. The total amount of revenue required for the next fiscal year shall then be dividedby the total due to calculate the assessment perdue for the next fiscal year. Parcels defined as not developed for the purposes of determining the landscape maintenance assessmentswill 54 Engineer's Report Woodlake Meadow Zone 7 Page 4 of 6 October 11, :2004 all have a zero dueF and consequently a zero due and a zero assessment. 3. Allocation of Assessments The assessment for wall maintenance forthe next fiscalyear shallthenbe set foreachparcel as the:product ofthe calculated dwellingunit equivalent (due) for each parcel, multiplied by the a:isessmentper due for the next fiscal year. METHOD OF ASSESSMENT SPREAD In compliance with the provisions of Proposition 218, adding Article XIII D to the California Constitution, the benefits conferred on each parcel within the Lodi Consolidated Landscape Maintenance DistrictNo. 2003-1 are particular and distinctbenefits (hereinafter "special benefits") over and above general benefits conferred on such property or to the public at large, in that the individual lc:Her-designated zones in the District each represents a common unit to provide landscape, p6rk, and related amenity maintenance, and monitored irrigation for the developmentof the property within the individual letter -designated zones in the District generally for residential and related urban uses. Benefits are determinedto be 100% special benefits and 0% general benefits. Also, in keeping with the requirements of Proposition 218, no annual individual assessments shallbe increased above the amounts assessed under the established criteria for each zone for the preceding fiscal year without an election approval. The base objective of the assessment spread is to distribute costs in accordance with the benefits received. Costs will be spread equally to each residential lot as follows: 1. Lots 1-5 in Woodlake Meadow shall be assessed equally per their dueF for the estimated costs of maintenance for the fiscal year 2004-2005. ANNUAL ESCALATION The maximum assessment amount for each fiscal year shall be increased in an amount equal to the greater of. 1) five percent (5.0%), or 2) the percentage increase of the Local Consumer Price Index (CPI). Consumer Price Index applied is for the San Francisco-Oakland-SanJose County Area for All Urban Consumers, as developed by the U.S. Bureau of Labor Statistics for a similar period of time. ADMINISTRATION It is intended that the City of Lodi, either directly or by subcontract, shall have the responsibility to establish an ongoing Landscape Maintenance Management entity to be known as the Landscape Maintenance District Manager which shall be responsible to establish the annual budget, keep an accounting of the maintenance and operational administrative costs, administer and perform the landscape maintenance either directly or by subcontract,pay all fees, utility costs, taxes, and any and all other operating costs. 55 Engineer's Report Woodlake Meadow Zone 7 Page 5 of 6 October 11,2004 ESTIMATE OF COSTS The location and size of a park serving these subdivisions has not yet been determined. The estimated costs are for public amenity maintenance only. All improvements will be installed at no cost to the Landscape Maintenance Assessment District. The assessment will not be levied until needed, upon development and City acceptance of the improvements. Items considered in the maintenance cost include, but are not limited to: Water for plants and trees, weeding, pruning, mowing, replacement ofplants and trees that may die, maintenance ofpavement and sidewalks, and maintaining and replacing all sprinkler lines and heads. The annual costs estimated to be collected with the 2004-2005 taxes for the developed areas are as follows: FY 2004-05 FY2004-05 ESTIMATED MAXD" OPERATION OF COSTS ASSESSMENT ASSESSMENT Future Park Site $0.00 $500.00 Est. Subtotal Operation Costs $0.00 $500.00 DISTRICT ADMINISTRATION COSTS Annual Engineer's Report $0.00 $100.00 Publication $0.00 $100.00 City Administration Fee $0.00 $50.00 County Administration Fee $0.00 $15.00 Est. Total Administration Costs $0.00 $265.00 Est. Contingency $.00 $100.00 Total Estimated Revenue Required for 2004-2005 Fiscal Year $0.00 $865.00 Total Appropriation Required from Existing Fund Balance $0.00 $0.00 Total Estimated Assessment for 2004-2005 Fiscal Year $0.00 $865.00 56 Engineer's Report Woodlake Meadow Zone 7 Page 6 of 6 October 11.2004 Total dueF Assessment per dueF MAXIMUM ANNUAL ASSESSMENT ASSESSMENT ROLL 5 $0.00 $173.00 The assessment roll for the fiscal year 2004-2005 is as follows: $173.00 Assess- Future Lot No. of FY 2004-05 FY 2004-05 ment APN No. Nos. Owner dueit's Estimated Maximum No. Assessment Assessment 1 015-230-09 1-5 Woodlake Meadow, 5 $0.00 $865.00 Total 5 $0.00 $865.00 The parcels in this subdivision are expected to subdivideupon and subsequent to the formation of Zone 7. The proposed subdivisionwill yield approximately 5 dueF's (residentiallots) and will have a proposed assessment roll, based on the above criteria and budget, as set forth in Exhibit A. The foregoing Engineer's Report and the estimate of costs, as well as the Assessment Diagram and Assessment Roll, which are attachedhereto, are presented foryour approvalby resolution datedthis day of 52004. PAL0D11302I00111d1Eng Rpt Woodlake.doe-rke THOMPSON-HYSELL ENGINEERS Engineer of Work BY: Michael T. Persak RCE 44908 57 PALODI130210QWd &Kbit A Woodiake.xls-rkc Page 1 of 1 EXHIBIT A ASSESSMENT ROLL WOO€3LAKE MEADOWZONE 7 LODI CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 2003-1 (PURSUANTTO THE LANDSCAPINGAND LIGHTING ACT OF 1972) CITY OF LODI, CA COUNTY FY 200405 FY 2004-05 DIAGRAM ASSESSOR ESTIMATED MAXIMUM NUMBER NUMBER UNIT NO. LOT NO. ASSESSMENT ASSESSMENT 1 015-230-09 Woodlake Meadow Lot No. 1 $0.00 $173.00 2 015-230-09 Woodlake Meadow Lot No. 2 $0.00 $173.00 3 015-230-09 Woodlake Meadow Lot No. 3 $0.00 $173.00 4 015-230-09 Woodlake Meadow Lot No. 4 $0.00 $173.00 5 015-230-09 Woodlake Meadow Lot No. 5 $0.00 $173.00 TOTAL $0.00 $865.00 PALODI130210QWd &Kbit A Woodiake.xls-rkc Page 1 of 1 i / �QRR• 5p 5 i i i i 04 i 1 to I A�30.49 4 015 1 I �W p � � W � �ENiO R 1 L.10. Now I t 1 usm PROPOSED AMENDED BOUNDARIES ('WOODWE MEADOW ZONE 7 ANNEYA770N) CITY OF LODI (aONSO "70 IANDSC4PE MAINTENANCE ASSESSMENT DISTRICT NO 2003-1 CITY OF STOCKTON, SAN JOAQUIN COUNTY STATE OF C400RNM SM PORnom OF S MONS 34 T.4 M, RB E, ALQB.ek AL, COY CIF S/OWON, SUM j wm coum d[FMN SLS Fors 121h swmu AM= C41V MVA1 MOM. Vx rxm P TNc oFFxc a TME an C ulw a THE an a Lm TmS...— w OF . 2W4. 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