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City of Pleasanton <br />LighƟng & Landscape Maintenance District No. 1994-1, <br />Oak Tree Farm <br />Engineer’s Report <br /> <br />Page 22 <br /> <br />The above benefit factors, when applied to property in the Maintenance District, <br />specifically increase the uƟlity and usefulness of the property within the <br />Maintenance District. For example, the assessments will provide funding to <br />improve and maintain the public landscaping next to the parcels within the <br />Maintenance District. Such improved and well-maintained landscaping enhances <br />the overall quality, desirability, uƟlity and safety of the properƟes. <br />General versus Special Benefit <br />ArƟcle XIIID, SecƟon 4(a) of the California ConsƟtuƟon requires any local agency <br />proposing to increase or impose a benefit assessment to “separate the general <br />benefits from the special benefits conferred on a parcel.” The raƟonale for <br />separaƟng special and general benefits is to ensure that property owners subject <br />to the benefit assessment are not paying for general benefits. Property may be <br />assessed to fund improvements to the extent of the special benefits conferred by <br />the Improvements; but general benefits are not assessable. Accordingly, a <br />separate esƟmate of the special and general benefit is given in this sec Ɵon. <br />ArƟcle XIIID never defines the term “general benefit.” The definiƟon of special <br />benefit in SecƟon 2(i) includes the statement that general enhancement of <br />property value does not consƟtute special benefit. General benefit may be <br />described as “an indirect, derivaƟve advantage” resulƟng from the improvements. <br />One infers from ArƟcle XIIID that all benefit is either general or special. <br />In other words: <br />Total <br />Benefit = General <br />Benefit + Special <br />Benefit <br /> <br />There is no widely-accepted or statutory formula for quanƟfying the amount of <br />any general benefit that is idenƟfied. <br />Page 225 of 617