Fremont City Council Meeting: 06/17/25 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5481) DOC ID: 5481
Updated: 6/12/2025 4:37 PM by Dina Lewis Page 1
LANDSCAPING ASSESSMENT DISTRICT NO. 88 - Hold a Public Hearing (Published Notice) and Adopt a Resolution Approving the Engineer's Report, Confirming Diagrams and Assessments, and the Levying of Annual Assessments for Fiscal Year 2025/26 for Fremont Landscaping Assessment District 88 Contact Persons:
Name: Juan Barajas Kelly King
Title: Parks Superintendent Maintenance Operations Director Div/Dept: Maintenance Operations Maintenance Operations Phone: 510-979-5780 510-979-5753
E-Mail: [email protected] [email protected]
Executive Summary: Adoption of the proposed resolution would confirm the information in the Engineer’s Report, including District boundaries, maps, and assessment roll, and authorize the levy of assessments for Landscaping Assessment District 88 for Fiscal Year 2025/26. Upon adoption of the resolution and completion of the annual LLAD requirements, the City will submit the assessment roll to the Alameda County Auditor-Controller by August 10, 2025, for inclusion in the Fiscal Year 2025/26 property tax bill and collection of assessments within the District for public landscape maintenance.
BACKGROUND: The Landscaping and Lighting Act of 1972 (Act) (California Streets & Highways Code Sections 22620-22631) allows local government agencies to form assessment districts to finance the costs and expenses of landscaping and lighting in public areas, among other things. Assessment districts allow for the creation of landscape maintenance zones as a condition of approval of subdivision tract maps to ensure ongoing maintenance of public landscaping improvements that are in or adjacent to the subdivisions and that complement their appearance.
The City formed the Fremont Landscaping Assessment District 88 (District) in December 1988. On June 24, 1997, the property owners in the District’s then existing Zones (1 through 37) approved maximum assessments in their respective zones, except for zones 18 and 22. For the two exempt zones, majority protests under Proposition 218 were established, and, therefore, they are no longer subject to assessments and do not receive maintenance services from the City. In subsequent years, property owners approved the formation of zones 38 through 47 and the levy of maximum assessments. These newer zones were annexed into the District at the time of development. Currently, the District has 47 zones (1 through 17, 19 through 21, and 23 through 47). Forty one zones are managed by the City and four zones are maintained by homeowner associations.
As applicable, the City also must comply with the requirements of Proposition 218 that was adopted by California voters in November 1996. Generally, Proposition 218 and its implementing legislation allow property owners to defeat, by majority protest, assessment increases beyond previously established maximum assessments for any zone within the District, or the the formation or annexation of any new district or zone. Formation or annexation of new zones into a district may be required as a condition of tract map approval, if a developer does not form a homeowner’s association to maintain public Council Staff Report (ID # 5481) Meeting of June 17, 2025 Updated: 6/12/2025 4:37 PM by Dina Lewis Page 2
landscaping. There are no proposed increases in assessments, and no new zones are being created or annexed into the District in FY 2025/26.
As required by the Act, each year the City initiates the process to levy the annual assessments by taking several actions. The City Council, by resolution: 1) orders the preparation of the Preliminary Engineer’s Report, 2) approves the Preliminary Engineer’s Report and declares its intention to levy the annual assessments, and 3) sets the date of the public hearing and final action to confirm the Engineer’s Report and authorize the levying of the annual assessments. The City Council approved and adopted the initiation and intention resolutions on April 15, 2025.
DISCUSSION/ANALYSIS:
Public Hearing: The City Council must hold a public hearing to consider public comments, oral and in writing, regarding the proposed levy of the on-going assessments for the District for FY 2025/26. The proposed assessments for next year are not being increased beyond maximum assessments previously established, and therefore, a majority protest cannot defeat the proposed assessments. Notice of the public hearing was given in accordance with the requirements of the Act and was posted in the Tri-City Voice on Tuesday, April 29, 2025.
Engineer’s Report: The Engineer’s Report lists the estimated maintenance costs (including a reasonable contingency) for the new fiscal year. The amount of the proposed assessment levied on each parcel of land is based on the special benefit the parcel receives from the improvements. No substantial change is proposed to the type of maintenance provided in prior years, no new zones or annexations are proposed, and no increase in assessment amounts beyond amounts previously authorized are proposed, all as shown in the Engineer’s Report. Also included is a carryover cost (operating reserve) that is sufficient to pay the first six months of maintenance costs because assessment revenues are not disbursed to the City until after the County property tax bills are due. The assessment also includes the City’s and the County Tax Collector’s administrative costs for imposing and collecting the assessment. The total of these cost items is the gross assessment shown on the budget pages in the Engineer’s Report.
In addition to the annual gross assessment, the Engineer’s Report includes an accounting of reserves. The reserve fund is intended to provide for unanticipated maintenance and replacement costs, as well as planned capital improvement costs. The reserve is calculated by combining the zone balance at the beginning of FY 2024/25 and the anticipated revenue from the FY 2024/25 assessments minus the projected FY 2024/25 expenditures. For the annual assessment process, 41 zones will be assessed in FY 2025/26. All 41 zones will have the same assessment as FY 2024/25. There are no increases or reductions in assessments from the prior year. Pages 11 through 15 of the Engineer’s Report list the previous years’ assessments for each zone. Pages 5 through 9 list the FY 2024/25 proposed assessments and budgets for each zone.
The maximum assessments for each zone and the amount of the proposed levy for the coming fiscal year for the annual assessment process are shown in the Engineer’s Report on pages 5 through 9. All proposed assessments are at or below the maximum assessment s previously approved by property owners of the District on or after June 24, 1997.
Council Staff Report (ID # 5481) Meeting of June 17, 2025 Updated: 6/12/2025 4:37 PM by Dina Lewis Page 3
The City Council also must approve and confirm the Engineer’s Report, including the boundaries of the District, the designated zones, the annual assessment roll, and any maps, diagrams, and attachments thereto, for Fiscal Year 2025/26.
Assessment: As provided in the proposed resolution, the City Council must affirm and authorize the levy and collection of assessments as set forth in the Engineer’s Report for the District for the period commencing July 1, 2025 and ending June 30, 2026, and direct the City Manager or designee to present an itemized report or assessment role to the Auditor- Controller of Alameda County to be placed on the Fiscal Year 2025/26 County Tax Roll for collection. The reasons for the assessments and the types of improvements, activities, and services proposed to be funded and provided by the levy of assessments on property in the District, and the period for which the proposed assessments are to be made are those specified in the Engineer’s Report, on file with the City Clerk and incorporated into the resolution.
The proposed resolution further affirms the City Council’s findings, based on the Engineer’s Report, that the District and each parcel therein is benefited by the improvements, maintenance, and activities funded by the assessment to be levied, including all expenses incidentally incurred thereto, upon the lots and parcels of real property in proportion to the estimated benefits to be received as specified in the Engineer’s Report.
FISCAL IMPACT: All City costs associated with maintaining and administering the District are covered by the annual assessments. There is no General Fund impact.
ENVIRONMENTAL REVIEW: The levy of assessments will ensure the continued maintenance of existing improvements and will not result in any significant changes to the environment. The annual assessment for the District is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guideline Section 15061(b)(3), and CEQA Guideline Section 15301 as the assessments will be used to maintain existing facilities, each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• 2025-26 Resolution Authorizing Annual Assessment
• TCV-Publication for 2025-26 Landscaping Assessment District Public Notice - Meeting • Fremont Final Eng Rpt FY 25-26 (6.6.25)
RECOMMENDATIONS:
1. Hold a public hearing.
2. Adopt a Resolution approving the Engineer’s Report and the assessment roll, and authorizing the levy of assessment for Fiscal Year 2024/25 for Fremont Landscaping Assessment District 88.
3. Find the project exempt under CEQA Guidelines Sections 15061(b)(3) and 15301.