Fremont City Council Meeting: 04/21/26 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance Operations
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5677) DOC ID: 5677
Updated: 4/17/2026 11:22 AM by Dina Lewis Page 1
FREMONT LANDSCAPING ASSESSMENT DISTRICT NO. 88 - Initiate Proceedings and Adopt a Resolution of Intent to Levy and Collect Assessments Within Landscaping Assessment District No. 88 for Fiscal Year 2026/27, Approve the Engineer’s Report, and Set the Public Hearing for June 16, 2026 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: Each year, the City of Fremont (“City”) levies annual assessments within Landscaping Assessment District 88 (“District”) for public landscape maintenance. This District currently consists of 47 zones. These zones encompass subdivision tracts that were approved by the City without requiring the formation of homeowners’ associations (HOA). The District maintains public landscaped areas benefiting these subdivisions.
State law requires two Council meetings to complete the annual assessment process. At this first meeting, staff recommend that the City Council initiate proceedings and adopt a resolution declaring its intent to levy and collect assessments within the Districts, preliminarily approving the annual Engineer’s Report detailing calculations of the annual assessments, and setting a public hearing on the proposed assessments for June 16, 2026. The City Clerk provides notice of the public hearing in accordance with the requirements of the Landscaping and Lighting Act, and the public has the opportunity to be heard on the matter.
Based on the Preliminary Engineer’s Report, staff indicate no new improvements or substantial changes in existing improvements are proposed for Fiscal Year (FY) 2026/27, and the proposed assessments will be based on maximum assessment amounts that were duly authorized by property owners within the District through Proposition 218 proceedings.
If the City Council approves the levy at the June meeting, the approved assessments will be forwarded to Alameda County for inclusion on the property tax bills in July.
Council Staff Report (ID # 5677) Meeting of April 21, 2026 Updated: 4/17/2026 11:22 AM by Dina Lewis Page 2
Background: Ongoing annual assessments and new landscaping districts are regulated by the Landscaping and Lighting Act of 1972 (LLA). This law enables the City to collect fees for installing and maintaining public landscaping and lighting. Assessment amounts are based on the benefit each parcel receives from these improvements.
The County collects assessments with property taxes and transfers them to the City. The Fremont Landscaping Assessment District 88, established in December 1988, allows for individual landscape maintenance zones tied to residential subdivisions. These assessments fund ongoing upkeep of public landscaping in or near subdivisions, enhancing both their appearance and that of the City.
The Preliminary Engineer’s Report displays zone budgets and maximum assessments, with all proposed FY 2026/27 assessments at or below voter-approved limits. About 68% of City-managed zones are at or within $2.00 of the maximum landscaping assessment. Pages 17-18 of the Annual Engineers Report show the difference between current and maximum assessments for each zone.
The City is prohibited from exceeding maximum assessments without property owner approval through a Proposition 218 ballot process. In 2021, the City conducted such a process with Harris & Associates; however, it was unsuccessful. As a result, more zones are expected to reach maximum assessment levels, leading to potential service reductions, deferred maintenance, and limited capital improvements as costs continue to rise.
Discussion/Analysis: To begin levying District 88's annual assessments for FY 2026/27, the City Council must initiate the annual assessment process at a council meeting and adopt a resolution. The resolution declares the City Council’s intent to levy and collect the annual assessments, preliminarily approves the Engineer’s Report, and sets a public hearing for June 16, 2026 for final approval of the proposed assessment amounts for FY 2026/27.
Engineer’s Report: Each year since the establishment of Landscaping Assessment District 88, staff have prepared and submitted an Engineer’s Report to the City Council. For each zone, the Engineer’s Report lists the expected costs (including a reasonable contingency) for the new fiscal year and a carryover cost. The carryover cost is sufficient to pay for the first six months of maintenance since assessments are not collected by the County until property tax bills become due. The City’s and County’s administrative costs are also included. The total is shown on the gross Council Staff Report (ID # 5677) Meeting of April 21, 2026 Updated: 4/17/2026 11:22 AM by Dina Lewis Page 3
assessment line of the district budgets. A credit may be applied to each zone, which consists of the projected zone balance as of the end of the current fiscal year, less than a reserve fund. The gross assessment of less than the credit for each zone is divided among its property owners to establish the annual net assessment (Total Balance to Assessment) for each property. Forty-one zones will be assessed in FY 2026/27.
The annual assessments per lot vary considerably among the zones because of the difference in size, character of landscaped areas, and number of lots in the zone. In previous years, the City Council took special action on zone 2 (nine lots in Tract 5847), zone 6 (eight lots in Tract 5950), zone 12 (nine lots in Tract 5558), and zone 16 (seven lots in Tract 6121) to allow the homeowners in these zones to take responsibility for the landscape maintenance themselves. This action foregoes assessing these zones as long as the homeowners are properly maintaining the landscaping. Currently, the homeowners in these four zones are maintaining the landscaping in a satisfactory manner.
Historical Annual Assessments, shown on pages 11 through 15 of the Report, list the assessment amounts for each of the previous years for the 41 zones being assessed. The table also shows the maximum allowable assessments for each zone. The proposed zone assessments for the existing district do not exceed the maximums established for zones 1 through 47.
The notice of public hearing with the Resolution of Intent must be posted and published in a local newspaper, one time, at least 10 days prior to the public hearing. At the public hearing, the Council must consider public comments and written protests to the assessment levy prior to taking action on the item. However, the proposed zone assessments for the existing district do not exceed the maximums established for zones 1 through 47, so a majority protest will be merely advisory to the City Council and will not automatically defeat the proposed assessments.
New zones: There are no new zones proposed for Fiscal Year 2026/27.
Consultant Services: LLMD reserve funds have been allocated to pay the District’s consultant, Harris and Associates, for assisting City staff with statutory compliance requirements, the annual assessment and engineering report, and conducting public outreach with property owners to help them understand the assessment cap and their service options.
Council Staff Report (ID # 5677) Meeting of April 21, 2026 Updated: 4/17/2026 11:22 AM by Dina Lewis Page 4
Fiscal Impact: The FY 2026/27 annual LLMD assessments are charged to property owners or the City of Fremont to maintain and administer landscaping services within each zone. Contract costs will continue to be paid from District reserve funds.
Environmental Review: The recommended action is not subject to CEQA review because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2), and/or is exempt from CEQA review under Section 15378(b)(5), and as it can be seen with certainty that there is no possibility that the activity may have significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• Draft Resolution of Intent for FY 2026-2027 Annual Assessment • Fremont Preliminary Eng Rpt FY 26-27-REVISED 04.15.26
Recommendation:
1. Initiate annual assessment proceedings under the Landscaping and Lighting Act of 1972 for Landscaping Assessment District 88.
2. Adopt a resolution declaring the City Council’s intent to levy and collect assessments for the District for Fiscal Year 2026/27, preliminarily approving the Engineer’s Report, and setting the public hearing.