Pursuant to California Constitution, Article XIIID, Section 4, subsection (a), parcels within a proposed district which are owned or used by the city, any agency, the state of California or the United States shall not be exempt from assessment unless, based upon clear and convincing evidence, the city council finds and determines that those publicly owned parcels in fact receive no special benefit. (Ord. 98-017 § 2; prior code § 81.02.202)