Lemoore Municipal Code Ch. 10 City Maintenance Districts

The city is a municipal corporation organized and existing under its charter and the “home rule” provisions of the state constitution (article XI, section 5), with the power to make and enforce all laws and regulations respecting municipal affairs, subject only to any restrictions and limitations provided in its charter and in the state constitution. The city council finds that financing police and fire protection services, and the maintenance of certain public facilities and improvements, through special tax or assessment districts or otherwise, is necessary, essential, a public purpose and a municipal affair. (Ord. 2012-01, 4-17-2012; amd. Ord. 2024-03, 6-18-2024)

With regard to landscaping and lighting districts formed under the Landscaping and Lighting Act of 1972 and for all purposes of interpreting and applying this chapter, the following terms shall have the following meanings, unless the context clearly requires otherwise:

DISTRICT: Any assessment district formed pursuant to this chapter.

IMPROVEMENTS: Any one or combination of the following:

A. Any improvement described in section 22525 of the California Streets and Highways Code.

B. Any city street, highway, road, alley, lane, boulevard, pedestrian mall, parkway, bike path, trail or easement.

C. Any other governmental property or facilities which the city is authorized by law to finance, purchase, construct, expand, improve, rehabilitate, own, operate or contribute money to.

LANDSCAPING AND LIGHTING ACT: The Landscaping and Lighting act of 1972 (the “The 1972 Act”), California Streets And Highways Code section 22500 et seq., as amended from time to time.

PROPOSITION 218: Article XIIIC and XIIID of the California constitution.

SERVICES: Any or all of the following:

A. Maintaining, servicing, repairing, replacing, operating, caring for or preserving any “improvement” defined in this chapter, including, but not limited to, any of the following:

1. Maintaining, servicing, repairing, replacing, operating or caring for any street, highway, road, alley, lane, boulevard, pedestrian mall, parkway, bike path, trail, easement or other way dedicated to public use or used by the public, and all appurtenances and improvements therein, including, but not limited to, paving, surfaces, curbs, gutters, medians, street and traffic signs, other signage, streetlights, traffic signals, hydrants, sound walls, drains, tunnels, sewers, curbs, gutters, sidewalks, conduits, culverts, landscaping and hardscaping.

2. Maintaining, servicing, repairing, replacing, operating or caring for any landscaping, hardscaping, lighting or signage next to any right of way or other way dedicated to public use or used by the public and described in subsection A1 of this definition, or next to any canal, basin or ditch.

B. Establishing and maintaining a reasonable reserve for repair and replacement under subsection A of this definition.

With regard to community facilities districts formed under the Mello-Roos Community Facilities Act of 1982 and for all purposes of interpreting and applying this chapter, the following terms shall have the following meanings, unless the context clearly requires otherwise:

COMMUNITY FACILITIES ACT: The Mello-Roos Community Facilities Act of 1982 (the “1982 Act”), California Government section 53311 et seq., as amended from time to time.

DISTRICT: Any special tax district formed pursuant to this chapter.

IMPROVEMENTS: Any one or combination of the following:

A. Any improvement described in section 53313.5 of the California Government Code.

B. Any park, recreation, parkway, and open space facilities, police stations, fire stations, libraries, child care centers, utilities facilities, or flood control facilities.

C. Any other governmental property or facilities which the city is authorized by law to finance, purchase, construct, expand, improve, rehabilitate, own, operate or contribute money to.

PROPOSITION 218: Article XIIIC and XIIID of the California constitution.

SERVICES: Any Services described in section 53313 of the California Government Code. Services include, but are not limited to, any or all of the following:

A. Police Services- includes the estimated and reasonable costs of providing police services, including but not limited to (i) the costs of contracting for police, (ii) the salaries and benefits of City staff, if the City directly provides police services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

B. Fire Protection Services- includes the estimated and reasonable costs of providing fire protection services, including but not limited to (i) the costs of contracting for fire personnel, (ii) the salaries and benefits of City staff, if the City directly provides fire protection services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.

C. Landscaping and Lighting Maintenance- includes the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD.

D. Park Maintenance- includes the estimated and reasonable costs of providing public park maintenance for, within, or associated with the CFD, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services.

E. Drainage Maintenance- includes the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD.

F. Street Maintenance - includes the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD. (Ord. 2012-01, 4-17-2012; amd. Ord. 2023-04, 8-1-2023; Ord. 2024-03, 6-18-2024)

All districts established and assessments levied pursuant to this chapter shall comply with the requirements of Proposition 218. The mode, manner and procedures for financing services, for establishing assessment districts, for levying and collecting assessments and for issuing bonds under this chapter shall be the mode, manner and procedures specified in Proposition 218 and, except as otherwise provided in this chapter, the Act. The provisions of the Act are, to that extent, incorporated in this chapter, provided that those provisions are not in conflict with the provisions of this chapter. Except as may be otherwise determined by the City Council with respect to an individual assessment district, the rate and methodology for determining the maximum amount of assessments levied under this chapter shall include an annual adjustment for inflation based on increases in the "Employee Cost Index for State and Local Government Employees" published by the U.S. Bureau of Labor Statistics or such other index as may be adopted by the U.S. Bureau of Labor Statistics in replacement thereof. (Ord. 2012-01, 4-17-2012)

A district and assessments levied therein may finance services specified in the Act or "services" as defined in this chapter. The scope of services authorized to be financed under this chapter shall be as defined in this chapter and not limited by the scope of services specified in the Act. (Ord. 2012-01, 4-17-2012)

In addition to financing new services in the territory of a district, to the greatest extent permitted by Proposition 218, assessments imposed in a district pursuant to this chapter may finance:

A. Services that were being provided in the territory of the district before the district was established or the territory annexed to the district;

B. Services that are in addition to existing services or that supplant existing services. (Ord. 2012-01, 4-17-2012)

A district may be established under this chapter within the territorial jurisdiction of the City or, on compliance with the procedures in California Streets and Highways Code sections 5115 through 5118, may extend beyond the territorial limits of the City. (Ord. 2012-01, 4-17-2012)

Any proceedings taken, assessment levied or bonds issued under this chapter shall not be held invalid because of failure to comply with the provisions of this chapter, provided the failure is not a constitutional defect. (Ord. 2012-01, 4-17-2012)

The procedures in this chapter are not exclusive, but are alternative to any other procedures provided in this Code or under State law. (Ord. 2012-01, 4-17-2012)

This chapter shall be liberally construed. (Ord. 2012-01, 4-17-2012)

The following procedures, unless otherwise provided by law, shall be utilized to ensure coordination with approved subdivisions of land.

A. Tentative Map Approval And Conditioning: The Planning Commission shall approve the tentative map as provided in title 8, chapter 7, "Land Division", of this Code. The tentative map shall be conditioned such that the subdivider agrees to participation in any public facilities maintenance district(s) required by the City. Public facilities maintenance district(s) shall be required even when some or all facilities will be maintained by a homeowners' association. (Ord. 2017-06, 5-16-2017)

B. Subdivision Specific Activities: Prior to approval of a subdivision within a public facilities maintenance district(s) and prior to recordation of the final map, the following procedures shall be observed:

1. A letter from the developer requesting inclusion in a public facilities maintenance district(s) shall be submitted to the Planning Department and copies shall be forwarded to the City Engineer and department responsible for public facilities maintenance districts.

2. Five (5) sets of improvement and four (4) sets of landscape plans, as required by title 8, chapter 7, "Land Division", of this Code shall be submitted to the Planning Department and forwarded to Public Works, City Engineer, and the department responsible for public facilities maintenance district(s) for review and approval.

3. The approved landscape plans shall be forwarded to the City Engineer and to the department responsible for public facilities maintenance district(s).

4. The City Clerk shall request, and the City Engineer shall prepare, an engineer's report for annual long term maintenance costs, except as otherwise provided in section 22608.2, for the subdivision pertinent district boundary or zone modifications.

5. The City Clerk shall send a notice regarding the proposed assessment to the developer, and a ballot, and shall schedule the public hearing before the City Council.

6. Upon receipt of an affirmative ballot from the subdivider, the City Council shall approve the Engineer's report and direct the Engineer to include the proposed assessment zone in the City's annual resolution of intention to levy assessments. The initial annual proposed assessment for an approved subdivision of land may be deferred by the City Council and levied and collected in the fiscal year in which construction of improvements is scheduled to commence or the fiscal year after which construction actually commences.

7. The department responsible for public facilities maintenance district(s) and the Planning Department shall, prior to submittal of the final map and subdivision agreement to the City Council for approval, jointly recommend to the City Manager the terms and timing of any initial reimbursement for assessment due to the subdivider because of one (1) year maintenance of landscaping only (not including local street maintenance, wall maintenance, or electrical maintenance and operation costs).

8. Upon acceptance of such agreement by the subdivider, the final map and subdivision agreement may be accepted and recorded.

C. Yearly Levy Of Assessments:

1. On or before August 15 of each calendar year unless otherwise provided by law, the City Clerk shall prepare for the City Council, and the Council shall pass, a resolution of intention to levy assessments for all subdivisions for which engineer's reports have been approved and final maps recorded.

2. The City Engineer shall prepare a district boundary map(s) for inclusion with the resolution.

3. The City Clerk shall file the revised boundary map(s) and Council resolution of intention with the County.

D. Acceptance Of Improvements:

1. The department responsible for public facilities maintenance districts shall conduct an initial inspection of landscaping upon installation.

2. One (1) year after landscaping is installed, inspected, and accepted by the City, the department responsible for public facilities maintenance districts shall reinspect before accepting the improvements for maintenance. (Ord. 2012-01, 4-17-2012)