04 ATTACHMENT 3 - Laserfiche WebLink

PAGE 15 example, the assessments will provide funding to improve and maintain the public landscaping next to the parcels within the Maintenance District. Such improved and well- maintained landscaping enhances the overall quality, desirability, utility and safety of the properties. GENERAL VERSUS SPECIAL BENEFIT Article XIIID, Section 4(a)of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. Property may be assessed to fund improvements to the extent of the special benefits conferred by the Improvements; but general benefits are not assessable. Accordingly, a separate estimate of the special and general benefit is given in this section. Article XIIID never defines the term "general benefit." The definition of special benefit in Section 2(i) includes the statement that general enhancement of property value does not constitute special benefit. General benefit may be described as "an indirect, derivative advantage" resulting from the improvements. One infers from Article XIIID that all benefit is either general or special. In other words: Total _ General Special Benefit — Benefit + Benefit There is no widely-accepted or statutory formula for quantifying the amount of any general benefit that is identified. In this Report,the general benefit is first identified,generously estimated,and then budgeted so that it is funded, as required by Proposition 218, by sources other than the Assessment. A formula to estimate the general benefit is listed below: Benefit to Real Property General Benefit to Real Inside the Assessment Benefit to Benefit - Property Outside the + District that is Indirect and + the Public Assessment District Derivative at Large Special benefit, on the other hand, is defined in the California constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large."A special benefit is conferred to a property if the property "receives a direct advantage from the improvement(e.g., proximity to setback landscaping)." Cm OF PLEASANTON LIGHTING&LANDSCAPE MAINTENANCE DISTRICT NO.1993-1,WINDSOR SCIConsultingGroup ENGINEER'S REPORT,FISCAL YEAR 2019-20