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4 <br />consider approval of a resolution confirming the continuation of the assessments for <br />fiscal year 2025-26. If so confirmed and approved, the assessments would be submitted <br />to the County Auditor/Controller for inclusion on the property tax rolls for Fiscal Year <br />2025-26. <br />Legal Requirements <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 specially benefits the assessed <br />property). Although these assessments are consistent with Proposition 218, the <br />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 provide several important <br />requirements, including property -owner balloting and approval for the imposition of new <br />or increased assessments if greater than the formation level assessments. No vote is <br />required this year because the proposed increase to the assessments is less than the <br />maximum assessment amounts approved at formation of the LMD and no change to the <br />assessment calculation is proposed. <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. 1984-1, Ponderosa Engineer's Report, Fiscal Year 2025-26 <br />