City of Fairfield

On February 1, 2022, City Council selected the extended timeline for this project. To view the timeline please click here.  Please note that certain aspects of the timeline may be subject to change.

The process required to establish benefit assessment districts vary slightly based on the specific and applicable legislative Act and applicability of the Act is dependent on the specific public improvements and services being funded but in general, the process includes:

1. Formal initiation of the formation process by the legislative body (Board of Supervisors, City Council, Board of Directors) based on a petition from the property owners and/or local officials. 

We generally expect to see the following Resolutions enacted:

• Resolution initiating proceedings to form the assessment district and ordering of the preparation of the assessment engineer's report.  The report separates and quantifies special and general benefits and provides a method of assessment with a proportional rate schedule.
• Resolution of intent to form the assessment district, approving the report in draft form, ordering the mailing of notices and ballots to owners of property subject to the assessment, and setting the location, date, and time of the public hearing for the tabulation of ballots.
• Resolution confirming the assessments, if results from the tabulation of ballots supports it, and the ordering of charges to be placed on the property tax bills.

2. Preparation of an assessment engineer's report. 

The most critical piece of information for a constituent participating in the process.  The report separates and quantifies special and general benefits and provides a method of assessment with a proportional rate schedule showing the assessment charge against each property.

3. Notices and ballots are mailed to owners of property within the boundaries of the assessment district subject to the assessment charge. 

Only properties receiving a special benefit will be charged the assessment.

4. A public hearing is held to allow all interested parties to speak to the legislative body about the proposed assessment district, the ballots are tabulated and results are announced. 

An assessment district is approved by the property owners if the total assessment amount represented by the ballots received against the assessment does not exceed the total assessment amount represented by the ballots received in favor of the assessment.  In other words, ballots are weighted by the assessment amount assigned to each property.  The greater the assigned amount of the assessment, the greater the say in the results of the tabulation (only returned completed ballots are considered).

5. Assuming successful approval, assessments are added to the secured property tax bills for the term prescribed in the assessment engineer's report and resolutions described above. 

Some assessments have a term and others can last in perpetuity.  Most assessments provide for an annual inflation factor to keep up with the ever-increasing costs of maintaining improvements and providing services.

More information on Benefits Assessment Districts is outlined in this article. 

There is no minimum number of ballots that need to be returned for a valid Proposition 218 balloting procedure.  However, the goal of the outreach and public engagement efforts by CivicMic, sponsored by the City, is to maximize participation and provide an opportunity for all voices to be heard.  Participating residents and stakeholders are encouraged to share information found at https://www.civicmic.com/city-of-fairfield/ about this process.  In addition, anyone can subscribe to receive updates via email when new information is posted.  Please click here to subscribe.  

a. How are the ballots tabulated?

Only completed ballots received before the end of the public testimony portion of the public hearing are considered for tabulation.  The tabulation is weighted by assessment amount (not the number of ballots received in favor or against).  Ballots contain the assessment amount applicable to each property within the boundaries of the proposed assessment district.

The City Council may adopt a resolution ordering the formation of an assessment district if the total assessment amount represented by the ballots in opposition does not exceed the total of the assessment amount represented by the ballots in favor.  Below are the three possible tabulation scenarios:

• Pass – The total assessment amount in favor exceeds the total assessment amount in opposition.
• Pass – The total assessment amount in favor is the same as the total assessment amount in opposition (a tie).
• Fail – The total assessment amount in favor is less than the total assessment amount in opposition.

The engineer who first formed these Districts did not outline in the original report the general vs special benefit area, however, the areas being assessed are receiving a special benefit. 

The City is not responsible for the enhanced landscape and lighting services that are funded by each LLMD. The increased frequency of services and certain improvements are a direct result of the revenue generated by the assessment. Without an LLMD many of the services would not be covered or significantly reduced.