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RES 231392
City of Pleasanton
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RES 231392
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
5/16/2023
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3 <br /> approving the Engineer's Report and establishing the date for a public hearing is used <br /> for this notice. <br /> Following the minimum 10-day period after publishing the notice, a public hearing is <br /> held for the purpose of allowing public testimony about the proposed continuation of the <br /> assessments. This hearing is currently scheduled for June 20, 2023. At this hearing, the <br /> City Council would consider approval of a resolution confirming the continuation of the <br /> assessments for fiscal year 2023-24. If so confirmed and approved, the assessments <br /> would be submitted to the County Auditor/Controller for inclusion on the property tax <br /> rolls for Fiscal Year 2023-24. <br /> Legal Requirements <br /> Proposition 218 <br /> The City of Pleasanton's five Landscape and Lighting Maintenance Districts were <br /> formed prior to the passage of Proposition 218, "The Right to Vote on Taxes Act," which <br /> was approved by the voters of California on November 6, 1996 and is now Article XIIIC <br /> and XIIID of the California Constitution. (Proposition 218 provides for benefit <br /> assessments to be levied to fund the cost of providing services, improvements, as well <br /> as maintenance and operation expenses to a public improvement which benefits the <br /> assessed property). Although these assessments are consistent with Proposition 218, <br /> the California judiciary has generally referred to pre-Proposition 218 assessments as <br /> "grandfathered assessments" and held them to a lower standard than post Proposition <br /> 218 assessments. <br /> The existing Assessment Districts will be re-assessed consistent with the procedures <br /> and requirements imposed by Proposition 218, which describes several important <br /> requirements, including property-owner balloting and approval for the imposition of new <br /> or increased assessments. <br /> This Engineer's Report is consistent with the requirements of Article XIIIC and XIIID of <br /> the California Constitution because the Improvements to be funded are clearly defined, <br /> the Improvements are directly available to and directly benefit property in the <br /> Maintenance District, and the Improvements provide a direct advantage to property in <br /> the Maintenance District that would not be received in absence of the assessments. <br /> City of Pleasanton <br /> Landscape Maintenance District No. 1995-1, Moller Ranch Engineer's Report, Fiscal Year 2023-24 <br />
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