IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERON BAY MAINTENANCE ASSESSMENT DISTRICT; ASSESSMENT DISTRICT NO. 96-3 FOR FISCAL YEAR 2023-2024 (PROVIDES FUNDING FOR THE ON-GOING MAINTENANCE OF CERTAIN
PUBLIC FACILITIES CONSTRUCTED AS PART OF THE HERON BAY DEVELOPMENT) WHEREAS, the City Council approved the Annual Engineer's Report as presented or amended, which describes the assessments against parcels of land within the Heron Bay Maintenance Assessment District (Assessment District No. 96-3) (herea�er referred to as the "District") for the fiscal year commencing July 1, 2023 and ending June 30, 2024; and
WHEREAS, pursuant to the provisions of the San Leandro Municipal Code, Chapter 5, Title II (herea�er referred to as the "Code") the District shall pay the costs and expenses of opera�ng, maintaining, and servicing the improvements located within the District; and
WHEREAS, the Engineer selected by the City Council prepared and filed with the City Clerk, and the City Clerk presented to the City Council, a Report in connec�on with the proposed levy and collec�on upon eligible parcels of land within the District, and the City Council did, by previous resolu�on, approve such Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of opera�ng, maintaining, and servicing the improvements within the District; and WHEREAS, the assessments are in compliance with all laws pertaining to the levy of maintenance district assessments, the assessments are levied without regard to property valua�on, and the assessments are exempt from or in compliance with the provisions of Proposi�on 218.
NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows:
Sec�on 1. The City Council reviewed the Report and determined the assessments, and considered all oral and writen statements, protests, and communica�ons made or filed by interested persons.
Sec�on 2. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
i. The land within the District will receive special benefit by the opera�on, maintenance, and servicing of the improvements and appurtenant facili�es within the boundaries of the District. ii. The District includes all of the lands receiving such special benefit. iii. The net amount to be assessed upon the lands within the District in accordance with the costs for the fiscal year commencing July 1, 2023 and ending June 30, 2024, is appor�oned by a formula and method that fairly distributes the net amount among all eligible parcels in propor�on to the es�mated special benefit to be received by each parcel from the improvements and services.
Sec�on 3. The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.
Sec�on 4. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the opera�ng, maintaining, servicing, and replacing of public improvements including: the Storm Water Li� Sta�on and Deten�on Pond; the Storm Water Treatment Pond; the "buffer" area and trail; the �dal marshlands; the sound walls on both sides of Lewelling Boulevard; Lewelling Boulevard improvements including curb, guter, sidewalk, and landscaping; the Shoreline Trail and trail extension; the water circula�on and drainage improvements, shoreline levees, ou�alls, �de gates, pumps, maintenance roads, bank protec�on, drainage facili�es, and animal control in marshland and trail area; wetland habitats; any other public improvements, including, but not limited to, streets, sidewalks, public rights-of-way, sewers, waterlines, sound walls, traffic signals, signage, streetlights, drains, storm water facili�es, parks, landscaping, and li� sta�on; the Buffer Zone and Interpre�ve Centers; and all appurtenances.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance of the facili�es and improvements, including repair, removal, or replacement of all or part of any of the improvements or appurtenant facili�es, and providing for the sa�sfactory working condi�on of the improvements. Services provided include any and all necessary service, opera�on, administra�on, and maintenance required to keep the improvements in a sa�sfactory condi�on.
Sec�on 5. The maintenance, opera�on, and servicing of the improvements and appurtenant facili�es shall be performed pursuant to the Code, and the County Auditor of the County of Alameda shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same �me and in the same manner as the County taxes are collected. A�er collec�on by the County, the new amount of the levy shall be paid to the City Finance Director.
Sec�on 6. The City Finance Director shall deposit all money represen�ng assessments collected by the County of Alameda for the District to the credit of a fund for the Heron Bay Maintenance Assessment District No. 96-3, and such money shall be expended only for the maintenance, opera�on, and service of the improvements and facili�es as described in Sec�on 4.
Sec�on 7. The adop�on of this resolu�on cons�tutes the District levy for the fiscal year commencing July 1, 2022 and ending June 30, 2023.
Sec�on 8. The City Clerk is hereby authorized and directed to file the levy, which is atached hereto and made a part hereof, with the County Auditor upon adop�on of this resolu�on.
Sec�on 9. A cer�fied copy of the levy shall be filed in the office of the City Clerk and open for public inspec�on.
Sec�on 10. The City Council hereby imposes the annual assessments on the assessable parcels within the District.
Introduced by Councilmember _______ and passed and adopted this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Kelly B. Clancy, CMC
City Clerk