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BACKGROUND <br /> The Landscaping and Lighting Act of 1972 authorizes local agencies to impose an <br /> annual assessment on real property benefiting from project-specific improvements in <br /> order to pay for the construction and maintenance of landscaping and lighting special <br /> improvements that benefit those parcels. The assessments are collected on the City's <br /> behalf by Alameda County as part of the annual property tax bill. For the formation of <br /> each LMD, the City follows procedure set forth in Division 15, Part 2, Chapter 2, <br /> Sections 22585 et. seq. of the Streets and Highways Code. <br /> The City has five Lighting and Landscape Maintenance Districts. All five were created <br /> prior to the passage of Proposition 218 in 1996. These LMDs were each created to <br /> maintain (and eventually replace) the landscaping and lighting improvements within the <br /> areas of each housing development accessible to the owners of each property created <br /> by the subdivision developments. The assessment amounts have never been increased <br /> in any of the five districts. Over the years, the costs to provide landscape maintenance <br /> in the districts have outpaced the revenue. As a result, the level of maintenance in all <br /> five districts has decreased. Now, in addition to inadequate funding for annual <br /> maintenance, there are no funds available in reserve for capital replacement of district <br /> assets such as irrigation systems, decorative entry walls, signage, drainage ditches, <br /> plantings, etc. While funding for all five districts is unsustainable, Windsor Landscape <br /> Maintenance District 1993-1 and Bonde Ranch Landscape Maintenance District 1993-2 <br /> are the two most underfunded districts. <br /> Effects of Proposition 218 <br /> Proposition 218 was passed by California voters on November 1996. The Proposition <br /> amends the State's Constitution by adding Articles XIII(C) and XIII(D) to do the <br /> following: <br /> • Limit the authority of local governments (including cities, counties, special districts <br /> and school districts) to impose taxes and property related assessments, fees, and <br /> charges. <br /> • Establish procedures for implementing annual assessments which include benefit <br /> assessments, special assessments, and maintenance assessments, etc. For <br /> landscaping and lighting maintenance districts, procedures include a requirement <br /> that the City develop an engineering report which identifies the special benefits that <br /> will accrue to each individual property as a result of the assessment. Further, subject <br /> to certain exceptions, it establishes that the majority of the property owners in the <br /> assessment district must vote in favor of any proposed increase in an assessment <br /> for it to be implemented. The majority is based on the number of votes received, not <br /> the total properties within the district (i.e. if the district includes 90 properties, but <br /> only 40 votes are submitted with 21 in favor of the assessment, the increase in <br /> assessment would be approved) <br /> Page 2 of 6 <br />