City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Sarah Collins, Senior Civil Engineer
Date: 06/14/2022
Subject: Landscape Maintenance Districts - 3rd/4th Resolution RECOMMENDED ACTION:
Requesting Council adopt the Resolution approving the City Engineer’s Preliminary Report for the Fiscal Year 2022-2023 pertaining to the levying of the annual assessments for the City of Ripon’s ten Landscape Maintenance Districts declaring its intention to levy and collect the annual assessments for the maintenance of certain improvements previously approved by the City Council as part of the formation of said assessment districts; and setting a time and place for a Public Hearing thereon.
BACKGROUND:
Pursuant to the provision of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California and Proposition 218, the City Council conducts proceedings for the formation of the City of Ripon Landscape Maintenance Districts as outlined in the table below.
Formation of Landscape Maintenance District Check List
Step Description
1 City Council adopts the resolution of intention to undertake proceedings for the formation of an assessment district directing the City Engineer to prepare a report in connection with the proposed formation of the assessment district. (1st Formation Resolution)
2 City Council adopts the resolution approving the Engineer’s Report in connection with the proposed formation of the assessment district, declaring its intention to form an assessment district and setting a time and place for a public hearing. (2nd Formation Resolution)
3 City Council adopts the resolution ordering the formation of the assessment district. (3rd Formation Resolution)
4 City submits required documents to County to set up new tax code required to levy the assessment.
DISCUSSION:
Upon formation of assessment district, the City is required to go through a process to approve the levying of the annual assessment district fees. The following table outlines the steps required to approve the levying of the annual assessments.
Annual Levy of Landscape Maintenance District Assessment Check List Step Description
1 Resolution that originally established the District. (3rd Formation Resolution) (1st Resolution)
2 City Council initiates the Landscape Maintenance District proceedings and adopts a resolution directing City Engineer to prepare the Engineer’s Report pertaining to the annual assessments. (2nd Resolution)
3 City Council adopts (1) a resolution giving preliminary approval of the Engineer’s Report, and (2) a resolution declaring its intention to order the levy and collection of the annual assessments and setting a time and place for a public hearing. (3rd & 4th Resolution)
4 City Council adopts a resolution determining the amount of and approving the levy and collection of the annual assessments. (5th Resolution)
5 City submits required documents to County to levy annual assessments for the coming fiscal year.
The attached resolution is the 3rd step in the process to levy assessments for the City of Ripon’s ten Landscape Maintenance Districts for the coming fiscal year.
Attachments:
1. Preliminary Engineers Report_Landscape District FY22-23 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING THE CITY ENGINEER'S PRELIMINARY
REPORT FOR THE FISCAL YEAR 2022-2023 PERTAINING
TO THE ANNUAL ASSESSMENTS FOR THE CITY OF
RIPON'S TEN LANDSCAPE MAINTENANCE DISTRICTS
LOCATED IN THE COUNTY OF SAN JOAQUIN,
CALIFORNIA DECLARING ITS INTENTION TO LEVY AND
COLLECT THE ANNUAL ASSESSMENTS FOR THE
MAINTENANCE OF CERTAIN IMPROVEMENTS
PREVIOUSLY APPROVED BY THE CITY COUNCIL AS A
PART OF THE FORMATION OF SAID ASSESSMENT
DISTRICTS AND SETTING A TIME AND PLACE FOR A
PUBLIC HEARING THEREON.
WHEREAS, previous hereto pursuant to Resolution No. 22-2 entitled a Resolution of the City Council of the City of Ripon ordering the City Engineer to prepare on behalf of the City of Ripon the Engineer’s Report pertaining to the Annual Assessments for the City’s ten Landscape Maintenance Districts noted in the table below, the City Engineer was directed to prepare and file with the City Clerk an Engineer’s Report in accordance with the provisions of the Landscaping and Lighting Act of 1972, as amended; and
FORMATION OF LANDSCAPE MAINTENANCE DISTRICTS
District Name
Council
Acceptance Date Resolution No.
Dutch Meadows #89-1 November 7, 1989 89-60
Country Woods Unit No. 2 & Zumstein Estates Subdivisions #89-2 January 2, 1990 90-1 Farmland Estates #92-1 June 2, 1992 92-30
Main Street Landscape Maintenance District #94-1 June 7, 1994 94-36 Boesch-Kingery Estates #96-1 April 2, 1996 96-17
Jacobs Landing #98-1 May 5, 1998 98-37
Carolina’s Landscape Maintenance District #02-1 August 6, 2002 02-77 Cornerstone 1 Landscape Maintenance District #07-1 April 7, 2007 07-36 Alexandra Place #17-2 June 12, 2018 18-55
The Vineyards #17-1 June 12, 2018 18-54
WHEREAS, the City Engineer has now prepared his report in accordance with the provisions of the Landscaping and Lighting Act of 1972, as amended, pertaining to the levying of the annual assessments for the fiscal year 2022-2023, within the boundaries of said assessment districts and on the real property located therein. Said report was filed with the City Clerk on the 14th day of June, 2022; and
WHEREAS, the City Council has now examined said report pertaining to the levying of the annual assessments for the maintenance of the improvements previously installed within said assessment districts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon as follows:
1. Assessment Districts, and their location and boundaries are described in the Resolution of Intention Numbers noted in the above table and are as shown on the assessment diagrams and boundary maps therefore, and consist of all lots and proposed future lots as shown on the assessment diagrams and boundary maps. The report of the City Engineer contains a full and detailed description of the improvements, boundaries of assessment districts and any zones therein, and the proposed assessments upon assessable lots and parcels of land within.
2. The City Council does hereby approve and adopt the report of the City Engineer for said assessment districts pertaining to the proposed annual assessments within said Districts filed with the City Clerk on the 14th day of June, 2022.
3. The City Council finds that the public interest and convenience require, and thus the City Council intends to levy and collect assessments within said assessment districts for the fiscal year 2022-2023 as stated in the report of the City Engineer.
4. Annually, the City Engineer evaluates the Districts Fund Balance as well as the estimated expenditures and income for each District to identify the estimated annual costs and assessments (rates) that are necessary to cover the costs and expenses necessary to maintain and service the District improvements that provide a special benefit to properties within the District.
Based on the City Engineer’s evaluation, no substantial changes are proposed to the existing improvements and their maintenance within said assessment districts with exceptions noted below. The levying and collection of the assessments as stated in the report of the City Engineer are for the maintenance of the improvements previously installed within said assessment districts.
A. The City Council finds that the public interest and convenience require, and thus the City Council intends to temporarily reduce the assessments within Carolina’s Landscape Maintenance District #02-1 for the Fiscal Year 2022-2023 as stated in the report of the City Engineer.
B. The City Council finds that the public interest and convenience require, and thus the City Council intends to continue the temporary assessment reduction within Cornerstone 1 Landscape Maintenance District #07-1 for the Fiscal Year 2022-2023 as stated in the report of the City Engineer.
C. The City Council finds that the public interest and convenience require, and thus the City Council intends to continue the temporary assessment reduction within The Vineyards Landscape Maintenance District #17-1 for the Fiscal Year 2022-2023 as stated in the report of the City Engineer.
BE IT FURTHER RESOLVED as follows:
1. Notice is hereby given that the 12
th day of July, 2022, at the hour of 6 PM
in the Council Chambers, Ripon City Hall, 259 N. Wilma Avenue, Ripon, California, or as soon thereafter as the matter can be heard, is the time and place fixed by this Council for the hearing of any protests or objections in reference to the levying of the annual assessments proposed for said assessment districts as stated in the report of the City Engineer and any other matters contained therein. Any person who wishes to object may file a written protest with the City Clerk prior to the time set and scheduled for the public hearing or may appear in person at the time and place and be heard in reference thereto.
2. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in a newspaper of general circulation in the City of Ripon at least once. Said publication is to be completed at least ten (10) days before the date of said public hearing.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of June, 2022, by the following vote:
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DEAN UECKER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk