RES 2026029 - Laserfiche WebLink

RESOLUTION NO. 2026-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADOPTING PROPOSITION 218 ASSESSMENT BALLOT PROCEEDINGS PROCEDURES FOR THE PROPOSED FORMATION OF PONDEROSA-DEL PRADO LANDSCAPE MAINTENANCE DISTRICT 2026-1 WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution; and WHEREAS, Article XIIID of the California Constitution impose certain procedural and substantive requirements relating to assessments (as defined); and WHEREAS, the City of Pleasanton ("City") believes it to be in the best interest of the City and its property owners to confirm and memorialize the City's procedures and guidelines regarding implementation of the provisions of Proposition 218 and pertinent statutes relating to assessments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. Statement of Legislative Intent. In adopting this resolution, it is the City Council's intent to adopt assessment ballot proceedings which are consistent and in compliance with Articles XIIIC and XIIID of the California Constitution, Government Code Sections 53750 through 53754, and Government Code Sections 53759.1 and 53759.2 (AB 2257). It is not the intent of the City Council to vary in any way from the requirements of either the California Constitution or the laws of the State of California. If there is any inconsistency between a provision of this resolution and state law, state law will govern. SECTION 2. Definition of Assessment. Proposition 218 defines "assessment" as "any levy or charge by an agency upon real property that is based upon the special benefit conferred upon the real property by a public improvement or services, that is imposed to pay the capital cost of the public improvement, the maintenance and operation expenses of the public improvement or the cost of the service being provided." "Assessment" includes, but is not limited to, "special assessment," "benefit assessment," "maintenance assessment," and "special assessment tax." SECTION 3. Assessment Ballot Proceeding. The following procedures shall be used in an assessment ballot proceeding that follows the requirements of California Constitution Article XIIID, Section 4: A. Amount of Assessment. Only special benefits are assessable. The amount of the assessment shall be each identified parcel's proportionate share of the cost of the additional landscape maintenance improvements and services based upon that parcel's special benefit from the improvements and services. The amount shall be proportional to and no greater than the special benefits conferred on the property. B. Engineer's Report. The City Council has directed the preparation and filing of an engineer's report that shall comply with the applicable state statute authorizing the assessment and with Article XIIID, Section 4, of the California Constitution. The engineer's report shall explain the special benefits conferred by the improvements funded by the assessments. The engineer's report shall also provide the evidence upon which the City