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HomeMy WebLinkAboutAgenda Report - October 15, 2003 G-01 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider a Resolution Adopting Engineer's Report, Confirming the Assessments, Overruling Protests and Declaring Assessment Ballot Results and Estabiishing Almondwood Estates Assessmont District Zone 1 Consolidated Landscape Maintenance Assessment District No. 2003-1 MEETING DATE: October 15, 2003 PREPARED 13Y: Public Works Director RECOMMENDED ACTION- That the City Council conduct a Public Hearing to consider a resol ution for the following: 1. Adopting Engineer's Report; 2. Confirming the assessments; 3, Overruling protests and declaring assessment ballot results', and 4. Establishing Almondwood Estates Assessment District Zone 1 Consolidated Landscape Maintenance Assessment District No. 2003-1. BACKGROUND INFORMATION: On August 20, 2003, the City Council adopted the following. resolutions regarding the formation of the Zone 1, Almondwood Estates Assessment District, Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1. 1. Resolution of Preliminary Determination to Propose the Formation of a Maintenance Assessment District, to Levy an Annual Assessment for Cost Incurred and Preliminary Approval of Engineer's Report, 2, Resolution of Intention to Order the Formation of a Maintenance Assessment District, to Levy and Collect an Annual Assessment for Maintenance and Operation of Improvements and dor Costs and Expenses and Setting Time and Place of Public Meeting and Public Hearing and Setting Forth Mailed Property Owner Ballot Procedure and Notice. On October 1, 2003, the City Council conducted a public meeting to allow testimony regarding the proposed Lodi Consolidated Landscape Maintenance Assessment District No. 20031. The Public Meeting was conducted seven days prior to the Public Hearing as required by Government Code. There was no testimony given at the Public Meeting. Developer of the Almondwood Estates Subdivision, Tract No, 3273, has elected to form an assessment district pursuant to the Landscaping and Lighting Act of 1972 for the purpose of installing and/or maintaining public improvements consisting of masonry block wall, landscaping and irrigation improvements, street parkway trees, and public, park area. Included in the development's requirements is the replacement of the improvements at the end of its useful life. M Al ,PRovEDT L igl ifingLardscapD stm-,WobliCHea ring 6jr 09/30103 Public Hearing to Consider a Resolution Adopting Engineer's Report, Confirming the Assessments, Overruling Protests and Declaring Assessment Ballot Results and Establishing Almondwood Estates Assessment District Zone 1 Consolidated Landscape Maintenance District No. 2003-1 October 15, 2003 Page 2 The estimated annual assessment for the first year is $292, and the maximum annual assessment is $403. The maximum annual assessment is subject to a yearly cost adjustment of the greater of.either 5% or the percentage increase of the Local Consumer Price Index. Subsequent annual assessments will be based upon contract bid prices and the Engineer's Report schedule of replacement costs, 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. At this time, there is a single owner of the subdivision. FUNDI NG: The developer is funding construction of the landscape improvements, masonry wall, and parkway trees that will be maintained by the Zone 1 assessments and is paying the engineer and legal counsel for their S ices, Richard C. Prima, Jr. Public Works Director Prepared by F. WaEly Sandefln RCP; FV'VS/pmf cc: Randy Hays, City Attorney Tirn Hachman Ed Comejo, KBHorne Mike Persak. Thompson-Hysell Engineers I L ighti ngLa F -Id GtGaPeDl StriGIPU bl icHearipg. doc 9/3012003 RESOLUTION NO. 2003-195 Almondwood Estates Assessment District Zone I Lodi Conso.ticlated Landscape Maintenance Assessment District No. 2003-1 (Landscaping and Lighting Act of 1972) NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that: 1. On August 20, 2003, this Council adopted Resolution of Intention to Order the Formation of a Maintenance Assessment District and to Levy and Collect Assessments and a Resolution of Preliminary Determination and in them directed the Engineer to make and file a Report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972 (the Act) in and for the City's Almondwood Estates Assessment District Zone 1 Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1. 2. The Report was made and filed and the Report was considered by this Council and found to be sufficient in every particular, whereupon it was determined that the Report be and it was prel iminarily approved for all subsequent proceedings under and pursuant to the Resolution of Intention, 3. The City Council provided for the giving of Notice of the Public Meeting and Public Hearing setting Wednesday October 1, 2003, at the hour of 7:00 p.m., in the meeting place of the Lod) City Council, Carnegie Forum, 305 West Pine Street, Lodi, California, as the time for the Public Meeting and setting Wednesday October 15, 2003, at the hour of 7:00 pm., in the meeting place of the Lodi City Council, Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place for a Public Hearing to take testimony and for hearing protests in relation to the proposed assessment, the formation of the district, the maintenance of the improvements thereof, the property owner assessment ballot procedure required by Article X111 D of the California Constitution and final action upon the Engineer's Report. 4. The owners of of the property proposed to be included in the District Dave filed herein their Wavier and Consent. S. On October 1, 2003, at. the time and place as set forth in Resolution No. 2003-154 the City Council held the Public Meeting and duly heard all interested parties desiring to be heard. 6. The City Clerk has filed with the City Council a Certificate setting forth the time and manner of the compliance with the, requirements of law for mailing- -Notices, of the time and place for said Public Meeting and Public Hearing and the Notice of the property owner assessment ballot procedure required by Article XIIID of the California Constitution (together with the property owner assessment ballots) and the Council hereby finds that the Notice of the time and place for said Public Meeting and Public Hearing thereon and Notice of the property owner assessment ballot procedure required by Article XIIID of the California Constitution (together with the property owner assessment ballots) has been mailed in the time, form, and manner required by law, 7, On October 15, 2003, at the time and place as set forth in Resolution 2003-154 the City Council held the Public Hearing and duly heard all interested parties desiring to be heard. 8. In accordance with Resolution No. 2003-154 and Article X111D of the California Constitution, property owner assessment ballots were provided to all of the property owners in said assessment district, and at the close of the Public Hearing, the Clerk, the impartial person designated by the Council, tabulated the assessment ballots submitted and not withdrawn and found that the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment did not exceed assessment ballots submitted and not withdrawn in it favor, weighing those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcels for which each assessment ballot was submitted and the Council so found. 9. The City Council finds that any and all protests against the proposed assessment, maintenance of the improvements, or against the assessment district or the extent thereof or against the engineer's estimate of costs and expenses, in whole or as to any part, or against the diagram and descriptions in whole or in part (specifically all written protests not withdrawn in writing before the conclusion of the protest hearing) are made by the owners of less than one-half of the area of the land to be assessed. The City Council hereby overrules each of these protests, written and oral. 10. The City has caused the distribution of assessment ballots, 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 City hereby finds and declares that the ballot measure has been submitted to the voters of land within the district and after the tabulation of the assessment ballots submitted and not withdrawn, that no majority protest against the assessment existed because the assessment ballots submitted in opposition to the assessment did not exceed the ballots submitted in favor of the assessment. In tabulating the ballots, they were weighted according to the proportional financial obligation of the affected properties. 11. The City Council hereby approves the Engineer's Report and each component part of it, including each Exhibit incorporated by reference in the Report, Reference is made to the Report for a full and detailed description of the improvements to be maintained, the boundaries of the assessment district and the Assessments. 12. The City Council hereby confirms the Assessment, Assessment Roll and the Diagram as now on file with it, and declares the Engineer's Report and said Diagram, Assessment, and Assessment Roll as contained therein are hereby adopted and confirmed, 7 13, Based on the oral and documentary evidence, including the Engineer's Report, offered .and received at the public hearing, this Council expressly finds and determines that: (a) each of the several subdivisions of land in the Assessment District will be specially benefit d.by the maintenance. of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively; and (b) there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the finding and determination as to special benefits. 14. The City Council determines and orders the maintenance assessment district be formed to be known as Almondwood Estates Assessment District Zone 1, Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1. 15. This Council hereby orders that the improvements described in the Resolution of Intention be maintained, the formula and method of assessment to be used to pay the annual costs and expenses of the maintenance be confirmed, that the maximum annual assessment is established in the amount of $403.00 per dwelling unit equivalent Factor (dueF) per year, is hereby ordered and confirmed. 1. The City Council finds, determines, and carders that the maximum annual assessment set forth in Paragraph 15 of this resolution shall be annually increased in an amount equal to the greater of: 1) five percent (5%) or 2) the percentage increase of the Local Consumer Price Index. (CPI). Consumer Price Index applied is for the Ban Francisco-Oak.land-San dose County Area for all Urban Consumers as developed by the U, S. Bureau of Labor Statistics for a similar period of time. 17. The City Council finds, determines, and orders that for the 2004-05 Fiscal Year there is hereby levied on each parcel an actual assessment amount of $292.00 per dueF as detailed in the Engineer's Report and Assessment Dell contained therein. 18. The City Council hereby directs the City Clerk to comply with Section 22041 of the Streets and Highways Code. The County Auditor/Controller is requested to comply with the provisions of Section 22645 of the Streets and Highways Code in the collection of installments for tars when levied by this Council. 19. This resolution shall take effect immediately upon its passage. ■ e•October1! 3 I hereby certify that Resolution No. 2003-195 was passed and adopted by the City CQunc11 of the City of LodVin a'regular meeting held October 15, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and Mayor Hitchcock SUSAN J. BLACKSTON City Clerk 0 . . ...... . . ..... I ...... ALMONDWOOP ESTATES ASSESSMENT DISTRICT ZONE 1 LORI CONSOLIDATED. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 2003-1 1, SUSAN J. BLACKSTON, City Clerk of the City of Lodi hereby certify: City Clerk staff have personally received and assembled all assessment ballots returned by mail or delivered in person to be cast in the special assessment mailed ballot procedure called by the City Council in its Resolution No.2003-154 and in accordance with my instructions contained in that Resolution, I hereby declare the balloting closed. At the conclusion of the Public Hearing on October 15, 2003, 1 opened and tabulated the assessment ballots and certify the result of that tabulation to be as follows: TOTAL ASSESSMENT BALLOTS CAST YES: $ 29,822.00 TOTAL ASSESSMENT BALLOTS CAST NO: $ _0_ TOTAL ASSESSMENT BALLOTS CAST $ 29,822.00 ff#LVVA. U*j a g - I I make this Certification on October 15, 2003. SUSAN J. B.LACKSTON k CM OF LODI Almondwood Estates Assessment District Zone Lodi Consolidated Landscape Assessment District No, 2003-1 1 E C ��� 2003 VP 30 P1 ofi CERTIFICATE OF PERSONAL DELIVERY AND/OR ELECTRONIC TRANSMISSION OF NOTICE OF PUBLIC MELTING, PUBLIC. HEARING, ASSESSMENT BAI LOT PROCEDURE, WAVIER AND CONSENT AND PROPERTY OWNER ASSESSMENT BALLOT I, Timothy J. Hachman, under penalty of perjviry, certify as follows. `n-iat for and on behalf of the Clerk of the City of Nodi, and on September 16, 2003, I caused to be personally delivered and /or electronically transmitted a Notice of Public Meeting and Public Hearing and Assessment Ballot Procedure, Property Owner Assessment Ballot and Wavier and Consent for the City of Lodi, A.lmondwood Estates Assessment District Zone 1, Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1., to all persons or their authorized representatives owning zeal property proposed to be assessed whose names and addresses as known to said City Clerk, a copy of which Notice, Property Owner Assessment Ballot and Wavier and Consent is hereto attached and marked Exhibit "A." Executed on September 26, 2003. w Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and highways Code of California, commencing with Section 22500, California Government Code; Section 53753 and SQc:tion 4 of Article ?IIID of the California Constitution, the Lodi City Council the "Council" has ordered that Notice be given as follows: PUBLIC M.EETIN L On Wednesday October 1, 2003, at 7:00 P.M. (or as soon thereafter as circumstances permit), in the regular meeting place of the Lodi. City Council, Carnegie Forum, 305 West Pine Street, Lodi, California, the Council, city staff and consultants, will conduct a public meeting respecting the proposed formation of Ali-nondwood Estates Assessment District Zone 1, Lodi Consolidated Landscape Maintenance Assessment District No. 2003-I (the "District"), to present information and hear public testir.aony of any interested persons regarding 1) the formation of the District , 2) the ongoing maintenance of masonry walls, landscaping, amenities and park maintenance 3) the: estimated costs and expenses of the annual waintenarrce and related legal proceedings, 4) the amounts of the assessments proposed to be levied on the benefited parcels of property, and 5) the amount or fon-nula by which benefit has hereat estimated. PUBLIC HEARING 2. Qra Wednesday, October 15, 2003, at 7:00 P.M. (or as soon thereafter as circunistar'ces pennit), in the regular meeting place ofthe :Lodi City Council, Carnegie Forum, 305' West Pirie Street, Lodi, California, the Council will hold a Public Protest Hearing respecting the proposed formation of:�the District when and where: (i) the Council wJl hear all protests to the formation, the maintenance budget and levy of assessments, (ii) the Clerk will tabulate the Assessment Ballots received, and not withdrawn, in support of or opposition to the proposed formation and assessment, weighting the Assessment Balldts by the sanaouatt of the proposed assessments to be levied upon the identified parcel for which each Assessment Ballot was submitted, and (iii) the Council will consider and finally act upon the formati on, the proposed budget and levy of assessments. Any person interested may File a written protest withthe City Clerk, City Hall, 221 West Pine Street, Lodi, CA e9524.1-1910, at or before the above time set for the; Public Hearing. Wally Satndelin, Public Works .Department, Telephone (209) 333-6709 is the person designaatcd by the City Council to answer inquiries regarding the protest proceedings. INFORMATION ABOUT !I -IF. PRQJECT 3, Tho Public iittprovements to be maintained by the proposed District are masonty walls, landscaping, farnenities and park maintenance, INiIiOI; MA I I TSA 0 1' ' COSTS, ASSESSi1!IE�'d.°Y` AND DURATION OF ASS .SSMENTS 4. The proposed budget for the fiscal year 200412005 and the maximum annual budget with the individual parcels and amounts of estimated assessments are shown in the Engineer's Report on tile; With the City Clerk, City Hall, 22I West Pirie Street, Lodi, CA 95241-1910. The estimated costs and expense's to be assessed to the benefited parcels also include related € anagement and administrative expenses. Interested persons are referred to the City Clerk's Office to examine the Engineer's Report for further information. 5. The total best estimate of the casts and expenses of the proposed maintenance: of improvements and related assessment proceedings for the fiscal year 2004-2005 is the total sum of $21,608,00. The €taxi€arum annual cost and expertise is 529,827,00, The amount of the assessment proposed for your parcel is set forth in the Official Property Owners Assessment Ballot which accompanies this Notice_ The reason that an assessinent is proposed for your parcel is that the Engineer's .export rec.orn ire€ads and the Council has preliminary determined that the property is specialty benefited by the rnainteuaacc of thcc improvements, 6, The Engineer's Report recommends that cacti of the parcels shall be assessed on the basis of the nuxriber of "Dwelling Unit Equivalent Factor (dueF)" assigned to the parcel, with one dueF : unit representing the benefit equivalent of a single-family residence. The proposed fiscal year 2004-2005 annual assessment per dueF is $292.00. The proposed maximum annual assessment for each ducF is $403,00 . The assessment will continue indefinitely. The maxim i= 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). Consu rier Price Index applied is for the San Francisco -Oakland -San Jose County Area for All Urban Ccs€asurners, as developed by U.S. Bureau of tabor Statistics for a similar period of time. (By lam' the City can only implement this increase if and when the actual cost of maintenance increases above the present cost.) ASSESSMENT BALLOT PROCEDURE AND `MAJORI'T'Y P 2®TEST' 7. As provided by Section 4 of Article XIIID of the California Constitution and Section 53753 of the California Government Cotte the Official Property Owners Assessment Ballot has been enclosed with this Notice, along with a self-addressed stamped returned. envelope by which. the Assessment Ballot array be returned to the Clerk. This is THE Oficial Assessment Ballot to. be signed and returned to thy° City Clerk. It is not as sample ballot. Frau will riot receive any other or additional Assessment Ballot. In order to make this Assessment Ballot count., in determining whether a "majority protest" exists, you must mark it (with an "V indicating YES or NO), date it, sign it and submit it to the City Clerk no later than the close of the Public Hearing of Protests. Iii for any reason any Assessment Ballot has not been received by the Cite Clerk prior to the close of the Public flearing of Protests, it will not be considered. After the Assessment Ballot has been marked "ices" or "No", dated and signed, it may be returtaed in the enclosed self-addressed stamped return envelope. This Assessment Ballot may be used by the owner- or owners of any Marcel to express either support of or apposition to the proposed assessment. ]'lease sec; the. Assessment Ballot for instructions respecting the alternative methods for submitting the completed Assesseaient Ballot either by mail (which may be: done by using the enclosed return stamped envelop) or by personal delivery either prior to or at the time of the close of the public Dearing of Protests, Sco tho c:ncloscd Asscssmc nt Ballot for furdi r instructions. 8. Irrin-iodiately fallowing the close of the public Hearing of Protests, whether ora October 15, 2003, or at the conclusion of any continuation of said Hearing to a later date or to later dates the City Clerk or designee will open and tabulate the Assessment Ballots received prior to the close of the Public Hearing and the resulis will be announced; provided that, in the event that the Clerk requires: an opportunity to determine; (a) whether any Assessment Ballot has been properly signed by an owner or authorized representative of an owner or (b) any other matter respecting any Assessment Ballot and its 2 proper treatment in the assessrrrent ballot procedure, the City Clerk reserves entitlement to continue the matter of announcing results to provide the Clerk with such opportunity, "floe Assessment Ballots are weighted according to the proportional financial obligation the affccted property has to the total Assessment amount. (Simplified, this means one Vote for each one dollar of assessment.) In the event that Assessment Ballots in opposition exceed those in support, there will be a "Majority protest" and the Council will be precluded from proceeding with the proposed assessment. NEED FOR WRI I'EN STAT ,tl,NT Of GRQUNDN Or, PROTEST 9, property owners wishing to preserve the opportunity to file a lawsuit challenging the asse:ssnrent, if levied, erre required by law to file a written protest and to slate therein all the specific grounds of ol'ject.ion, Any grounds of objection not stated in a written protest filed prior to tire, close of [lie public hearing of protests are deemed waived in any subsequent lawsuit. and may not be raised in such lawsuit. 119. If .For further information, you may refer to the Resolution of Intention and the Engineer's Report, both on file -with the City Clerk at 221 West mine Street, Lodi, CA. Said Resolution of Intention rsrrcl Engineer's Report aro apers to public inspection and arc inctrrperratGd herein by reference. All intorested parties arc especially rc;ferred to the Engincer's Report for a full description of the unprovements, the parcels of land deemed specially benefited by the improvements, the proposed assessments on all of the parcels of land being assessed, and the method of estimating the proportionality of bencfa amount to the parcels, using the dueF concept. If you have questions about the assessment, please. contact Wally Sandelin, Public Works Department (209) 333-6709. If you have questions about the Assessment Ballot, please contact the City Clerk's office at (209) 333-6702. All procoed.ings before the City Council are conducted in English. The City of Lodi docs not furnish interpreters and, if one is needed, it shall be the responsibility of the person needing one. DATED: August 20, 2003 SUSAN J. BLACKSTON City Clerk of the City of Lodi CITY OF LODI ALMONDWOOD ESTATES ASSESSMENT DISTRICT ZONE 1 LODI CONSOLIDATED LANDSCAPE MAINTENANCE ENANCE ASSESSMENT DISTRICT NO, 2003-1 IMPORTANT -- OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT This ballot is for the use of the properly owner of the parcel identified below, which parcel is located within the proposed Alinondwood Estates Asscssment District Zone 1, Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1. Please advise; the City Clerk at (209) 333-6702 if the name set forth below is incorrect or if you are no longer the owner of tine parcel. This ballot way be used to express either support for or opposition to the proposed assessment. In order to be counted, this ballot must be sharked "Yes" or "No", dated and signed in ink below by an owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot thrust then be delivered to the City Clerk at the Lodi City Nall, 221 West pule Street, Lodi, CA 05241-1910, either by mail (it, in person, as follows: fail 1 e -it 1re If by mail. Place the batlot in the enclosed, self-addressed stamped return envelopc mid place in tlhe mail not later Than one: calendar week prior to October 15, 2003. The City Clerk cannot be responsible for late delivery of mailed ballots. Personal Delivery_ If its person, to the City Clerk during regular office hours (8:00a.m. to 5.00 p -in.) at any time up to 5,00 on October 15, 2003 at the City Clerk's office at Dodi City Hall, 221 West .Pine Street, Lodi, CA or at the pretest hearing itself, schedulers for 7;00 p,m. on that date in the regular sheeting place of the Lodi City Council, Carnegie Forum, 305 West Pithy Street Lodi, CA Whether delivered by hail or in, person, the baitotmust be received by the, City Clerk prior to the close of the public hearing on October 15, 2003, TO CAST THIS BALLOT, SIGN IN INK, DATE AND RETURN THIS ENTIRE PAGE OFFICIAL] ASSESSMENT BALLOT Assessor's Parcel Nurnbei- 1 axis urn Assessment Amount 062-060-24 $14,508.00 062-060-12 $ 7,657.00 062-060-1.3 $ 7,657,00 Total: $29,822.00 Owner Natalie KB Homes North Bay, Iliac. (Upon subdivision 74 lotsidueFs at a Maximum Annual Asscssment Amount $403.00 per lot/dueF) Mark With an -V in the appropriate blank BALLOT MEASURE, Shall the Lodi City Council form A lmondwood Estates Assessment District Zone I Lodi Consolidated YES Landscape, Maintenance Assessment District No. 2003-1, and levy a Maximum Assessment not to exceed tlhe arnount set forth above on the parcel(s) identified for masonry walls, landscaping, amenities and park nhaintcnance with annual maxitahom increases iib future assessments in .an amount equal to the treater of 5% NO or the percentage incrca,5e of the local Consumer Price Index (CPI). CP1 applied is for the Sala Francisco- Oakland - San .lose Area for All Urban Consumers, as developed by U. S. Bureau of tabor Statistics for a similar period of time? I hereby certify ander penalty of perjury that I am the legal owner or the authorized representative of the legal property owner and am therefor; the person to execute this ballot for the property shown above. Date: 2003 Property Owner Signature Printed Name of Property Owner: KB Noshes North Bay, Inc. DEAD CITY CI.,t;Rii TO i21aC I':C;O IJµ>!?TVI3 I3AI I (I1'S IS OCTOBER €$ I51-2003 1 -he undersigned is the authorized representative of KB HOMES NORTH SAY, INC.. owner of APl s 062-060-24, 12 & 13 the owner (the "Owner") of the real property within the City of Lodi, County of San Joaquin, State of California (the "City") which is proposed to be included in the Almondwood Estates Assessment District Zone 1 Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 (the "District"), which will be subject to a maximum annual assessment with respect to the District. The City is undertaking proceedings for the formation the District and the levy of an annual maximum assessment on the property included therein, which proceedings include a property owner assessment ballot. The undersigned, on behalf of the Owner, hereby requests that the District be formed, that the APP parcels set forth above be subject to the maximum annual assessment with respect to the District, that the parcels be subject to and a maximum annual assessment be levied as contained in the Engineer's Report on file in these proceedings. In that connection, is the person legally entitled and authorized to cast the assessment ballet for the above -referenced Owner attributable to the above -referenced parcels in the property owner assessment ballot to be conducted within the District to determine, among other things, that the above APNs be subject to the maximum annual assessment and that the maximum annual assessment be levied as contained in the Engineer's Report on file in these proceedings, The undersigned consents to the formation of the District and to the levy of the maximum annual assessment as provided in the Engineer's Report. The undersigned, on behalf of the above -referenced Owner, hereby waives any and all minimum time periods relative to the assessment ballet pursuant to Government Code Section 54954.6 WAIVER AND CONSENT j.:. DISTRICT FORMATION 0? LEVY OF MAXIMUM ASSESSMENT C, SHORTENING TIME PERIODSAND WAIVING �VARIOUS REQUIREMENTS 1R CONDUCTING ASSESSMENT BALLOT t 1_. ALMONDWOOD ESTATES ASSESSMENT DISTRICT ZONE': CK 4' '.. CONSOLIDATED LANDSCAPE rr.: ►. :.i ASSESSMENT DISTRICT NO, 2003-1 CITY OF LODI SAN JOAQUIN COUNTY, CALIFORNIA 1 -he undersigned is the authorized representative of KB HOMES NORTH SAY, INC.. owner of APl s 062-060-24, 12 & 13 the owner (the "Owner") of the real property within the City of Lodi, County of San Joaquin, State of California (the "City") which is proposed to be included in the Almondwood Estates Assessment District Zone 1 Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 (the "District"), which will be subject to a maximum annual assessment with respect to the District. The City is undertaking proceedings for the formation the District and the levy of an annual maximum assessment on the property included therein, which proceedings include a property owner assessment ballot. The undersigned, on behalf of the Owner, hereby requests that the District be formed, that the APP parcels set forth above be subject to the maximum annual assessment with respect to the District, that the parcels be subject to and a maximum annual assessment be levied as contained in the Engineer's Report on file in these proceedings. In that connection, is the person legally entitled and authorized to cast the assessment ballet for the above -referenced Owner attributable to the above -referenced parcels in the property owner assessment ballot to be conducted within the District to determine, among other things, that the above APNs be subject to the maximum annual assessment and that the maximum annual assessment be levied as contained in the Engineer's Report on file in these proceedings, The undersigned consents to the formation of the District and to the levy of the maximum annual assessment as provided in the Engineer's Report. The undersigned, on behalf of the above -referenced Owner, hereby waives any and all minimum time periods relative to the assessment ballet pursuant to Government Code Section 54954.6 The undersigned, on behalf of the above -referenced Owner, hereby waives the notice, protest, hearing, assessment ballot, mailings and any publication requirements under Government Code Section 53753 and Article X111 C and D of the California Constitution and Sections 22608 and 22608.2 of the Streets and Highways Code. The undersigned, on behalf of the above -referenced Owner, hereby waives the requirements regarding the time to mail assessment ballots to the qualified property owners pursuant to Government Code Sections 53753 and 54954.6 and agrees that the representative of the above -referenced Owner may accept either mailed service or personal service of the assessment ballots. The undersigned, on behalf of the above -referenced Owner, hereby waives the requirements regarding identification envelopes for the return of assessment ball ots, regarding keeping the envelope sealed, regarding the assessment ballot be in a form that conceais it or that it be placed in an envelope all as contained in Government Code Section 53753 and 54954.6° Further, the undersigned, on behalf of the above -referenced Owner, hereby waives any and all defects in notice or procedure in the conduct of the assessment ballot, whether known or unknown (except the right to cast the assessment ballot and to have the assessment ballots fairly counted). I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct and that this declaration is executed on the date set forth below. Date: Lflit, , 2003 MAZIMM MaIMMMIM� Bya Title: CITY COUNCIL SUSAN HITCHCOCK, Mayor EMILY HOWARD Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN KEITH LAND CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\Nwww.lodi.gov October 9, 2003 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director Mr. Tim Hachman Mr. Ed Cornejo Mr. Mike Persak Attorney at Law KBHome Thompson-Hysell Engineers P.O. Box 347 611 Orange Drive 1016 12"i Street Stockton, CA 95202 Vacaville, CA 95687 Modesto, CA 95354 SUBJECT: Public Hearing to Consider a Resolution Adopting Engineer's Report, Confirming the Assessments, Overruling Protests and Declaring Assessment Ballot Results and Establishing Almondwood Estates Assessment District Zone 1 of the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 15, 2003. 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, Califomia, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the 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 Susan Blackston, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Wally Sandelin, City Engineer, at (209) 333-6709. Richard C. Prima, Jr. �r Public Works Director RCPIpmf Enclosure cc: City Clerk NCLIGHTINGLANDSCAPEDISTRICTPUBLICHEARING.DOC