HomeMy WebLinkAboutResolutions - No. 2008-581:74Vi 0[6101110 0111.2K.*]
A RESOLUTION OF THE LODI CITY COUNCIL, STATE OF
CALIFORNIA. DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 2003-1 AND TO PROVIDE FOR THE
LEVY AND COLLECTION OF ASSESSMENTS IN SUCH
ANNEXATION, SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON, AND ORDERING THE INITIATIONOF
ASSESSMENT BALLOT PROCEDURES
WHEREAS, the Lodi City Council, pursuant to the terms of the Landscape and Lighting
Act of 7972,Part2, Division 751of the California Streets and Highways Code (commencing with
Section 22500) (the "1972Act'}, Article X111D of the Constitution of the State of California
("Article XIIID'), and the Proposition 218 Omnibus Implementation Act (Government Code
Section 53750 and following) (the `Implementation Act'} (the 1972 Act, Article XIIID, and the
Implementation Act are referred to collectively as the "Assessment Law"), did by previous
Resolution initiate proceedings to annex territory into a special assessment district and ordered
the preparation of an Engineer's Report for the levy of assessments within such proposed
annexation, such special assessment district known and designated as "Lodi Consolidated
Landscape Maintenance District No. 2003-1" (hereafter referred to as the "District"). The areas
proposed to be annexed shall be known as the "Annexation" and will become Zones within the
District. Such Zones shall be known and designated as:
ZONE 14 — LUCA PLACE
ZONE 15— 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 RESOLVEDAS FOLLOWS:
SECTION 1: Recitals: The above recitals are all true and correct.
SECTION 2: Declaration of Intention: The public interest and convenience requires, and it is
the intention of the City Council, to order the annexation of the above-described territory into the
District and to levy and collect assessments to pay the annual costs and expenses for the
maintenance and/or servicing of all of the improvements for the Annexation. Such
improvements and the maintenance and servicing of such improvements are generally
described as:
The improvements include: landscaping, planting, shrubbery, trees, turf, irrigation
systems, lighting systems, street lighting, traffic signals, street sweeping, park
maintenance, and associated appurtenant facilities.
The maintenance of the improvements shall include the furnishing of services
and materials for all necessary service, operations, administration, and
maintenance required to keep the improvements in a healthy, vigorous, and
satisfactory condition.
SECTION 3: Boundaries of District: The improvements are of special benefit to the properties
within the boundaries of the Annexation. The City Council previously declared the boundaries to
encompass the area specially benefited by such improvements, and for particulars, reference is
made to the assessment diagram as previously approved by the City Council, a copy of which is
on file in the Office of the City Clerk and open for public inspection, and is designated by the
name of this District.
SECTION 4: Report of Assessment Engineer: The Assessment Engineer's Report, as
preliminarily approved by the City Council is on file with the City Clerk and open for public
inspection. Reference is made to such Report for a full and detailed description of the
improvements to be maintained, the boundaries of the District and any zones therein, and the
proposed assessments upon assessable lots and parcels of land within the Annexation.
SECTION 5: Public Hearing: Notice is hereby given that a Public Hearing is hereby scheduled
to be held at 305 West Pine Street, Lodi, California, on May 7,2008, at 7:00 p.m.
All interested persons shall be afforded the opportunity to hear and be heard. The City Council
shall consider all oral statements and all written communications made or filed by any interested
persons. The City Council shall, at the conclusion of the Public Hearing, also determine whether
assessment ballots submitted pursuant to the Assessment Law i n opposition to the proposed
assessments within the district exceed assessment ballots submitted in favor of such proposed
assessments.
RIGHTTO 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 property.
SECTION 6: Notice: The City Clerk is hereby directed to mail notice pursuant to the
Assessment Law of the Public Hearing and assessment ballot proceedings and the adoption of
the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with
the assessment ballot materials, to the record owners of all real property proposed to be
assessed.
SECTION 7: Proceedinas Inauiries: The following staff person is designated to respond to all
inquiries for any and all information relating to the proposed Annexation and these proceedings,
including the assessment ballot procedure:
RICK CLARK
NBS
32605 TEMECULA PARKWAY, SUITE 100
TEMECULA, CA 92592
TELEPHONE: 800-676-7516
Dated: April 2, 2008
hereby certify that Resolution No. 2008-58 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 2, 2008, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian, and
Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS—None
aN I FE M. PERRIN
Deputy City Clerk