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3A Public Hearing 2013 0715
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3A Public Hearing 2013 0715
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9/12/2013 3:13:37 PM
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7/10/2013 5:12:34 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/15/2013
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PERM
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_CC Agenda 2013 0715 CS+RG
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0715
PowerPoint 3A Public Hearing 2013 0715 CBD Formation
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0715
Reso 2013-102
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\City Clerk\City Council\Resolutions\2013
Supplement 3A Public Hearing 2013 0715 CBD Prop 218 Procedures
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Path:
\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0715
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<br />22 <br /> <br />3. Residential owners and have the right to vote in a Proposition 218 hearing, tenants <br />do not have that right. <br />4. Residential condo owners are required to contribute to a legally established <br />Homeowners Associations to oversee building maintenance, tenants are no.; <br /> <br />The assessment methodology has been written to confer special benefits to residential condo <br />individual assessed parcels since residential condo owners have unique investment backed <br />expectations about the care and maintenance of the building and its surroundings compared to <br />the interest of residential tenants who have a possessory not an ownership interest. The <br />residential condos’ special assessment methodology ensures that a fund will be established to <br />maintain high levels of special benefit services that apply directly and proportional to the blocks <br />that demand virtually seven days per week, 365 days per year special benefits. <br /> <br />As redevelopment of various parcels occurs within the boundaries of the CBD in the next 15 <br />years, building square footage may be removed, and then added onto that parcel through the <br />process of redevelopment. The Management Corporation operating the CBD will ensure that <br />the removal or addition of building square footage is reported to the city and county annually <br />through their annual report on any changes to the assessment district. The parcel costs will be <br />lowered, or rise accordingly, based upon the activity within that parcel – from year to year. <br /> <br />In future years, the assessments for the special benefits bestowed upon the included CBD <br />parcels may change in accordance with the assessment methodology formula listed in this <br />Management District Plan and Engineer’s Report provided the assessment rate does not <br />change. If the assessment formula changes, then a Proposition 218 ballot will be required for <br />approval of the formula changes. <br /> <br />Exemptions: <br />No benefitting parcels, regardless of taxable or tax-exempt property tax status, will be exempt <br />from the assessments funding the special benefit services of the Downtown San Leandro CBD. <br />Special benefit services will not be provided to any parcels outside of the boundaries of the <br />district. Publicly owned property will be assessed the same as privately owned parcels based <br />upon their location within Benefit Zone 1 or 2. <br /> <br />Calculation of Assessments: <br />The proportionate special benefit derived by each identified parcel shall be determined in a <br />relationship to the entirety of the improvement or the maintenance and operation expenses of <br />an improvement or for the cost of property service being provided. Per California Constitutional <br />Amendment Article XIII D, Section 2(i), “Special Benefit”, means a particular and distinct benefit <br />over and above general benefits conferred on a real property located in the district or to the <br />public at large. <br /> <br />No assessment will be imposed on any parcel that exceeds the reasonable cost of the <br />proportional special benefits conferred upon that parcel. Only special benefits are assessable <br />and these benefits must be separated from any general benefits. A general benefit is defined as
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