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Districts
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INFORMATION AND FREQUENTLY ASKED QUESTIONS ABOUT
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
NO. 89-1- CONSOLIDATED
The Landscaping and Lighting Act of 1972 permitted the formation of Landscaping and Lighting Maintenance District No. 89-1-Consolidated (L&LMD No. 89-1-C), a countywide assessment district.
As of 1996, State of California Proposition No. 218 requires that all parcel assessments, such as an L&LMD No. 89-1-C assessment, be presented to the property owners for their authorization in order to levy a parcel assessment. This is accomplished through a "Special Election" conducted to ascertain if 51% of the affected property owners are in favor of an annual assessment being added to their property taxes for the maintenance of certain improvements annexed by Zone to L&LMD No. 89-1-C.
Q: Why is a Zone formed and annexed to L&LMD No. 89-1-C?
A: To provide funding for the maintenance and servicing of landscaping, trails, fencing, irrigation, streetlights, traffic signals, bridge lights, graffiti abatement, bio-swales and fossil filters within County maintained road right-of-way.
Q: What are the benefits of annexing to L&LMD No. 89-1-C?
A: Annexation to L&LMD No. 89-1-C enables the project applicant to comply with conditions of their development; and ultimately enhances erosion and water quality control, dust abatement, public safety, neighborhood aesthetics, traffic flow and safety, and quality of life and sense of well being for properties within the Zone.
Q: How is a Zone annexed to L&LMD No. 89-1-C?
A: The project applicant submits an annexation application package to County Transportation Dept. staff. The application package includes a petition to the County Board of Supervisors; $2500 fee for the processing of the annexation and special election; and improvement plans. Once the application package is submitted, Trans. Dept. staff will calculate the annual assessment for services to be provided and process the annexation through several stages culminating in the special election and final approval at the County Board of Supervisors.
Q: Who votes in the Special Election?
A: Only affected property owners within the proposed Zone vote in the Special Election. Tenants, renters, lease holders do not receive a ballot and can not vote in the Special Election.
Q: If I own more than one property in the proposed Zone will I receive more than one vote?
A: Yes.
Q: How many votes are needed for the election to pass?
A: Fifty one percent (51%) of the returned ballots must cast a "YES" vote for the election to pass.
Q: How is my assessment collected?
A: If the Special Election passes and is approved at the County Board of Supervisors, the County Auditor-Controller's Office will levy the annual assessment in August of each calendar year, and it will be included on your next property tax bill. If your property is exempt from property taxes, an invoice will be sent to the property owner as assessments are not exempt from payment.
Q: How much is my annual assessment?
A: Your annual assessment is based on the cost of services provided; the number of units (parcels, acres, etc.), and the land use designation within the proposed Zone.
Q: Will the annual assessment increase in the future?
A: Yes. An inflation escalator of two percent (2%) or the Consumer Price Index-Urban (CPI-U or CPI-U for electricity), whichever is greater can be applied to the previous year's assessment annually.
Q: When will the assessment funds for maintenance become available?
A: Assessment funds are collected (in December) and transferred to L&LMD No. 89-1-C allowing maintenance to commence in February of the following calendar year after the annual assessment is reported to the County Auditor-Controller's Office (in August).
Q: When will L&LMD No. 89-1-C maintenance commence?
A: Maintenance of the improvements approved through the Special Election will not commence until 1) the assessment funds are available to L&LMD No. 89-1-C; and 2) the improvements have been constructed and approved through inspection by County Transportation Dept. staff.
Q: Who is responsible for maintenance of improvements prior to L&LMD No. 89-1-C assessment funds becoming available?
A: The project applicant/owner is responsible for the maintenance of any improvements constructed until 1) the assessment funds are available to L&LMD No. 89-1-C; and 2) the improvements have been approved through inspection by County Transportation Dept. staff.
Q: The annexation/election process has begun but my project is on hold; do I still have to pay the annual assessment through my property taxes even though the improvements haven't been constructed?
A. No. Once the annexation/election is approved at the Board of Supervisors the project applicant/owner can request, in writing, a deferment of the annual assessment. The deferment is good for one year and an extension of the deferment must be applied for each succeeding year. The project applicant/owner will be responsible for the maintenance of any improvements constructed until 1) the assessment funds are available to L&LMD No. 89-1-C; and 2) the improvements have been constructed and approved through inspection by County Transportation Dept. staff.