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RES 231392
City of Pleasanton
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RES 231392
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CITY CLERK
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RESOLUTIONS
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5/16/2023
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11 <br /> General vs. Special Benefits <br /> Article XIIID, Section 4(a) of the California Constitution requires any local agency <br /> proposing to increase or impose a benefit assessment to "separate the general benefits <br /> from the special benefits conferred on a parcel." The rationale for separating special <br /> and general benefits is to ensure that property owners subject to the benefit <br /> assessment are not paying for general benefits. Property may be assessed to fund <br /> improvements to the extent of the special benefits conferred by the Improvements; but <br /> general benefits are not assessable. Accordingly, a separate estimate of the special and <br /> 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 <br /> not constitute special benefit. General benefit may be described as "an indirect, <br /> derivative advantage" resulting from the improvements. One infers from Article XIIID <br /> that all benefit is 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 <br /> general benefit that is identified. <br /> In this Report, the general benefit is first identified, generously estimated, and then <br /> budgeted so that it is funded, as required by Proposition 218, by sources other than the <br /> Assessment. <br /> A formula to estimate the general benefit is listed below: <br /> General Benefit to Real Benefit to Real Property Inside Benefit to <br /> Benefit Property Outside the + the Assessment District that is + the Public <br /> Assessment District Indirect and Derivative at Large <br /> Special benefit, on the other hand, is defined in the California constitution as "a <br /> particular and distinct benefit over and above general benefits conferred on real <br /> property located in the district or to the public at large". A special benefit is conferred to <br /> a property if the property "receives a direct advantage from the improvement (e.g., <br /> proximity to setback landscaping)." In the Maintenance District, as noted, properties <br /> have close and unique proximity, views of and access to the Improvements, and <br /> uniquely improved utility and desirability from the Improvements, and other properties <br /> and the public at large do not receive such benefits because they do not have proximity, <br /> access to or views of the Improvements. Therefore, the overwhelming proportion of the <br /> benefits conferred to property is special, and only minimal general benefit is conferred <br /> on property outside the Maintenance District or to the public at large. <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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