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City of Pleasanton
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CITY CLERK
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5/14/2020 3:32:23 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/19/2020
DESTRUCT DATE
15Y
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PAGE 15 <br /> example, the assessments will provide funding to improve and maintain the public <br /> landscaping next to the parcels within the Maintenance District. Such improved and well- <br /> maintained landscaping enhances the overall quality, desirability, utility and safety of the <br /> properties. <br /> GENERAL VERSUS SPECIAL BENEFIT <br /> Article XIIID, Section 4(a) of the California Constitution requires any local agency proposing <br /> to increase or impose a benefit assessment to "separate the general benefits from the <br /> special benefits conferred on a parcel." The rationale for separating special and general <br /> benefits is to ensure that property owners subject to the benefit assessment are not paying <br /> for general benefits. Property may be assessed to fund improvements to the extent of the <br /> special benefits conferred by the Improvements; but general benefits are not assessable. <br /> Accordingly, a separate estimate of the special and general benefit is given in this section. <br /> Article XIIID never defines the term "general benefit." The definition of special benefit in <br /> Section 2(i) includes the statement that general enhancement of property value does not <br /> constitute special benefit. General benefit may be described as "an indirect, derivative <br /> advantage" resulting from the improvements. One infers from Article XIIID that all benefit is <br /> either general or special. <br /> In other words: <br /> Total _ General Special <br /> Benefit — Benefit + Benefit <br /> There is no widely-accepted or statutory formula for quantifying the amount of any general <br /> benefit that is identified. <br /> In this Report,the general benefit is first identified,generously estimated,and then budgeted <br /> so that it is funded, as required by Proposition 218, by sources other than the Assessment. <br /> A formula to estimate the general benefit is listed below: <br /> Benefit to Real Property <br /> General Benefit to Real Inside the Assessment Benefit to <br /> Benefit = Property Outside the + District that is Indirect and + the Public <br /> Assessment District Derivative at Large <br /> Special benefit, on the other hand, is defined in the California constitution as "a particular <br /> and distinct benefit over and above general benefits conferred on real property located in <br /> the district or to the public at large."A special benefit is conferred to a property if the property <br /> "receives a direct advantage from the improvement(e.g., proximity to setback landscaping)." <br /> CITY OF PLEASANTON <br /> LIGHTING&LANDSCAPE MAINTENANCE DISTRICT NO.1984-1,PONDEROSA SCIConsultingGroup <br /> ENGINEER'S REPORT,FISCAL YEAR 2020-21 <br />
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