City of Fairfield, California
1000 Webster Street
Fairfield, CA 94533
Attention: Mayor Moy, Councilmembers Bertani, Williams, Tonnesen, Carr, Panduro, Sandhu City Manager Gassaway, Public Works Director Mishra, City Clerk Rees March 17, 2025
Dear Fairfield City Council Members, et al:
Some residents of Rolling Hills are petitioning the City of Fairfield for another LLMD election under the provisions of Proposition 218, California State Constitution Article 13, Sections C and D.
Proposition 218 compliant assessments can only be assessed for, and funds expended for, a "Special Benefit" accorded any individually assessed parcel within a Prop. 218 compliant district boundary.
The majority of funds to be assessed and expended in Rolling Hills under a new LLMD would presumably be dedicated to maintenance of major public thoroughfares enjoyed and used by the general public. This coupled with landscaping, lights, sidewalks, and roads which give no one particular parcel within the Rolling Hills LLMD boundary a "Special Benefit", as described in Proposition 218, make Proposition 218 funding for such improvements illegitimate.
City leaders and staff must refrain from supporting, encouraging, or approving the use of Proposition 218 assessments to fund a new LLMD in Rolling Hills unless the City intends to segregate and pay for general benefits including improvements along the main thoroughfares. To do otherwise would be misleading, hurtful to our community, and costly to implement and then rescind. The City may fund community general benefits.
Given what many residents have stated as desired LLMD improvements (which are not supported under Prop. 218) possibly the only legal method of assessment for a new Rolling Hills LLMD is through the formation of a Community Facility District (CFD).
(One additional source of LLMD funds could be by adjusting "AU" value to market and applying grazing license/possessory interest income from open -space grazing use now going to the general fund.) (NBS, the City's contractor in the last failed Proposition 218 election advised City staff during months of planning for the last failed election that a CFD was the preferred and best solution for Rolling Hills (and other districts), but the City chose the recent failed Proposition 218 funding election(s).) Very truly yours,
David Thacker, Rolling Hills, Fairfield