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: Lighting District - 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 Assessment District No. 05-1 (City of Ripon Lighting District) declaring its intention to levy and collect the annual assessment for the maintenance of certain improvements previously approved by the City Council as part of the formation of said assessment district 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 undertook proceedings as outlined below for the formation of the City of Ripon Lighting District.
At the October 19, 2004 City Council meeting, Council adopted Resolution No. 04-60 proposing the formation of a new assessment district and directing the City Engineer to prepare a report in connection with the proposed formation of the assessment district.
At the November 2, 2004 City Council meeting, Council adopted Resolution No. 04-66 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.
On November 20, 2004, the City of Ripon, by and through the San Joaquin County Board of Supervisors, held a public hearing on the issues of formation of the proposed new assessment district, to be called the Ripon Lighting District and to be governed by this City Council (previously governed by the County of San Joaquin), and the proposed increase of the annual assessment from $25.00 to $42.00 upon assessable lots and parcels of land.
At the December 7, 2004 City Council meeting, Council adopted Resolution No. 04-70 ordering the formation of the Ripon Lighting District and increasing the annual assessment upon assessable lots and parcel of land within the Ripon Lighting District from $25.00 to $42.00 effective July 1, 2005.
At the February 4, 2005 City Council meeting, Council adopted Resolution No. 05-02 renaming the “Ripon Lighting District” to the “City of Ripon Lighting District”.
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 Lighting District Assessment Check List
Step Description
1 Resolution that originally established the District. (Formation Resolution 04-70) (1st Resolution)
2 City Council initiates the Lighting 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 Lighting District for the coming fiscal year.
Attachments:
1. Preliminary Engineers Report_Lighting 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 ASSESSMENT
DISTRICT NO. 05-1, CITY OF RIPON, COUNTY OF SAN
JOAQUIN, CALIFORNIA, COMMONLY KNOWN AS CITY
OF RIPON LIGHTING DISTRICT 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 DISTRICT AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING THEREON.
WHEREAS, previous hereto pursuant to Resolution No. 22-1 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 Annual Report pertaining to the annual assessments for Assessment District No. 05-1, City of Ripon, County of San Joaquin, California, commonly known as City of Ripon Lighting District, the City Engineer was directed to prepare and file with the City Clerk an annual report in accordance with the provisions of the Landscaping and Lighting Act of 1972, as amended; and
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 district 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 an annual assessment for the maintenance of the improvements previously installed within Assessment District No. 05-1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon as follows:
1. Assessment District No. 05-1 is commonly known as City of Ripon Lighting District, and its location and boundaries are described in Resolution of Intention No. 04-66 of the City Council, dated November 2, 2004 and are as shown in the assessment diagram and boundary map therefore, and consist of all lots contained within the City of Ripon Lighting District and all proposed future lots as shown on the assessment diagram and boundary map.
The report of the City Engineer contains a full and detailed description of the improvements, boundaries of Assessment District No. 05-1 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 Assessment District No. 05-1 pertaining to the proposed annual assessments within said District 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 Assessment District No. 05-1 for the fiscal year 2022-2023 as stated in the report of the City Engineer.
4. No substantial changes are proposed to the existing improvements and their maintenance within Assessment District No. 05-1. 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 Assessment District No. 05-1.
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 Assessment District No. 05-1 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