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3 <br /> <br />City of Pleasanton <br />Landscape Maintenance District No. 1993-1, Windsor Engineer’s Report, Fiscal Year 2024-25 <br />If additional funding from a new or increased assessment is not implemented, the City <br />will be forced to continue to reduce maintenance and postpone facilities upgrades, <br />resulting in a continuing deterioration of the grounds and facilities. <br /> <br />Engineer’s Report and Continuation of Assessments <br />Each year for which the assessments will be continued, the City Council must direct the <br />preparation of an Engineer's Report, budgets, and proposed assessments for the <br />upcoming fiscal year. After the Engineer's Report is completed, the City Council may <br />preliminarily approve the Engineer's Report and proposed assessments and establish <br />the date for a public hearing on the continuation of the assessments. This Report was <br />prepared pursuant to the direction of the City Council. <br /> <br />This Engineer’s Report ("Report") was prepared to establish the budget for the <br />continued maintenance, improvements, and services (“Improvements”) that would be <br />funded by the proposed fiscal year 2024-25 assessments, determine the benefits <br />received by property from the Improvements, and the method of assessment <br />apportionment to lots and parcels within the Maintenance District. This Report and the <br />proposed assessments have been made pursuant to the Landscaping and Lighting Act <br />of 1972, Part 2 of Division 15 of the California Streets and Highways Code ("Act") and <br />Article XIIID of the California Constitution (“Article”). <br /> <br />If the City Council approves this Engineer's Report and the continuation of the <br />assessments by resolution, a notice of public hearing must be published in a local paper <br />at least 10 days prior to the date of the public hearing. The resolution preliminarily <br />approving the Engineer's Report and establishing the date for a public hearing is used <br />for this notice. <br /> <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 18, 2024. At this hearing, the <br />City Council would consider approval of a resolution confirming the continuation of the <br />assessments for fiscal year 2024-25. 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 2024-25. <br /> <br />Legal Requirements <br /> <br />Proposition 218 <br />The City of Pleasanton’s five Landscape Maintenance Districts were formed prior to the <br />passage of Proposition 218, “The Right to Vote on Taxes Act,” which was approved by <br />the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the <br />California Constitution. (Proposition 218 provides for benefit assessments to be levied <br />to fund the cost of providing services, improvements, as well as maintenance and <br />operation expenses to a public improvement which benefits the assessed property). <br />Although these assessments are consistent with Proposition 218, the California judiciary <br />has generally referred to pre-Proposition 218 assessments as “grandfathered <br />Page 322 of 720