DRAFT 5/2/22_______
T-DPW-160129/55535 1
Council Agenda: 6-29-2021
Item No.: 6
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE TO APPROVE THE ANNUAL
ENGINEER’S REPORT, CONFIRM THE ASSESSMENT
AND LEVY AN ANNUAL ASSESSMENT FOR THE
DOWNTOWN PARKING MAINTENANCE DISTRICT
ASSESSMENT FOR FISCAL YEAR 2022-2023
WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 22-0411 declaring its intention to levy and collect an assessment for the Downtown Parking Maintenance District for fiscal year 2022-2023, and for each fiscal year thereafter, and to set date and time for public hearing on the levy of the proposed assessment; and WHEREAS, on July 26, 2022, the City Council held a public hearing at the time and place specified in the Resolution of Intention to Levy and Collect an Assessment, where all interested persons were afforded the opportunity to hear and be heard, and to consider oral statements and written protests made or filed by any interested person.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
1. Francisco & Associates, the Assessment Engineer, has filed with the City Clerk the report required by Chapter 14.26 of the Sunnyvale Municipal Code (“Engineer’s Report”), which is open to public inspection and by reference incorporated herein. The Engineer’s Report includes the total amount of the proposed assessment to the entire district for fiscal year 2022- 2023, the amount chargeable to the record owner’s parcel for that year, the duration of the payments, the reason for the assessment, and the basis upon which the proposed assessment was calculated. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district, the assessment zones, and the proposed assessments upon assessable lots and parcels of land within the assessment district.
2. The City Council finds that the Assessment Engineer, in the Engineer’s Report, has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement. The increase in assessment rates is based on published data by the U.S. Department of Labor.
3. The City Council hereby approves the Engineer’s Report and each component of it, including each exhibit incorporated by reference in the report, and levies each individual assessment as stated in the Engineer’s Report for fiscal year 2022-2023.
Attachment 2
SW
T-DPW-160129/55535 2
Council Agenda: 6-29-2021
Item No.: 6
4. The City Council finds that there was no majority protest within the meaning of the applicable law and all protests and objections to the levy and collection of the assessment and any and all protests and objections are hereby overruled by the City Council. The adoption of this Resolution shall constitute a levy of an assessment for fiscal year 2022-2023, which shall be collected in the same manner as the County of Santa Clara ad-valorem property tax payments for fiscal year 2022-2023.
Adopted by the City Council at a regular meeting held on __________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
____________________________________ ________________________________ City Clerk Mayor
(SEAL)
APPROVED AS TO FORM:
_____________________________________
City Attorney
Attachment 2