City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 06/13/2023
Subject: Landscape Maintenance Districts - 2nd & 3rd Annual Resolution RECOMMENDED ACTION:
Requesting Council adopt the Resolution approving the City Engineer’s Preliminary Report for the Fiscal Year 2023-2024 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.
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 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. (1st Annual Resolution)
2 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. (2nd & 3rd Annual Resolution)
3 City Council adopts a resolution determining the amount of and approving the levy and collection of the annual assessments. (4th Annual Resolution) 4 City submits required documents to County to levy annual assessments for the coming fiscal year.
The attached resolution is the 2nd step in the process to levy assessments for the City of Ripon’s ten Landscape Maintenance Districts for the coming fiscal year.
DISCUSSION:
The City has ten established landscape districts. The following table summarizes the projected fiscal year 2023-24 financials for each district.
L&L District
FY 2023-24
Beginning
Balance
FY 2023-24
Revenue
FY 2023-24
Expenses
FY 2023-24
Transfers
Capital
Proj
FY 2023-24
Ending
Balance
FY 2023-24
Recommended
Assessment
Changes
Dutch Meadows Maint. Dist. $ - $ 4,540 $ (12,430) $ 7,890 $ - $ - N/A - Original district did not include annual
adjustments for inflation.
Countrywoods Maint. Dist. $ - $ 7,809 $ (15,518) $ 7,709 $ - $ - N/A - Original district did not include annual
adjustments for inflation.
Farmland Maint. Dist. $ - $ 3,350 $ (8,746) $ 5,396 $ - $ - N/A - Original district did not include annual
adjustments for inflation.
Main St. Maint. Dist. $ - $ 10,481 $ (58,101) $ 47,620 $ - $ - N/A - Original district did not include annual
adjustments for inflation.
Jacobs Landing Maint. Dist. $ 21,897 $ 5,701 $ (7,021) $ - $ - $ 20,577 N/A - Original district did not include annual
adjustments for inflation.
Boesch-Kingery Maint. Dist. $ 14,367 $ 6,061 $ (13,700) $ - $ - $ 6,728 N/A - Original district did not include annual
adjustments for inflation.
Carolina's Maint. Dist. a $ 28,740 $ 14,500 $ (12,882) $ - $ - $ 30,358 Proposed 2023-24 increase from $218 to $250 per parcel (14.7%).
Cornerstone Maint. Dist. b $ 84,036 $ 14,079 $ (13,983) $ - $ - $ 84,132 No change in the $130.36 per parcel assessment for 2023-24 proposed.
Vineyard Maint. Dist. c $ 138,045 $ 64,939 $ (40,394) $ - $ - $ 162,590 No change in the $488.26 per parcel assessment for 2023-24 proposed.
Alexandra Maint. Dist. $ - $ 5,397 $ (7,158) $ 1,761 $ - $ - Proposed 2023-24 increase from $264.72 to
$284.04 per parcel (6.8%).
a. The City Council approved a temporary reduction in the assessment. The calculated 2023-24 full assessment is $305.14 per parcel. b. The City Council approved a temporary reduction in the assessment. The calculated 2023-24 full assessment is $249.54. c. The City Council approved a temporary reduction in the assessment. The calculated 2023-24 full assessment is $578.44.
Six of the landscape districts did not include language that allows the assessment to be indexed over time to account for inflation. This has resulted in the expenses for these landscape districts exceeding the revenues each year. For those districts that no longer have a fund balance, funds are transferred from the General Fund to cover the deficit. For those districts that do have a balance available, that balance is used to cover the financial deficit.
Four of the landscape maintenance districts did include language that allows the assessment to be indexed over time to account for inflation. Staff is recommending that the:
Carolina’s Maintenance District assessment be increased from $218 to $250 per parcel to cover expenses and fund the replacement of capital in the future. The current balance of this district is $28,740 and the goal is to have $40,000 in the fund for future capital replacement.
Cornerstone Maintenance District assessment to remain at $130.36 per parcel. The revenue generated covers expenses and the current balance is sufficient for future capital replacement.
Vineyard Maintenance District assessment to remain at $488.26 per parcel. The revenue in this district is currently exceeding the expenses, but it is a new district and the fund balance necessary for future capital replacement is $300,000. Alexandra Maintenance District assessment be increased from $264.72 to $284.04 per parcel to cover expenses and begin to establish a capital replacement fund (the goal of this district is $20,000). This district was recently established and does not have a balance available for future capital replacement.
Attachments:
1. Preliminary Engineer's Report_LMD FY23-24
RESOLUTION NO. 23-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING THE CITY ENGINEER'S PRELIMINARY
REPORT FOR THE FISCAL YEAR 2023-2024 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. 23-7 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 2023-2024, within the boundaries of said assessment districts and on the real property located therein. Said report was filed with the City Clerk on the 13 th day of June, 2023; 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 13
th day of June, 2023.
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 2023-2024 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 2023-2024 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 20223-2024 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 2023-2024 as stated in the report of the City Engineer.
BE IT FURTHER RESOLVED as follows:
1. Notice is hereby given that the 11
th day of July, 2023, 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 13th day of June, 2023, by the following vote:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Leo Zuber, Vice Mayor
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk