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File Number: 21-401 <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: <br />Section 1. The City Council reviewed the Report and determined the assessments, and <br />considered all oral and written statements, protests, and communications made or filed by <br />interested persons. <br />Section 2. Based upon its review (and amendments, as applicable) of the Report, a copy of <br />which has been presented to the City Council and which has been filed with the City Clerk, the <br />City Council hereby finds and determines that: <br />i. The land within the District will receive special benefit by the operation, <br />maintenance, and servicing of the improvements and appurtenant facilities within the boundaries <br />of the District. <br />ii. The District includes all of the lands receiving such special benefit. <br />iii. The net amount to be assessed upon the lands within the District in <br />accordance with the costs for the fiscal year commencing July 1, 2021 and ending June 30, 2022, <br />is apportioned by a formula and method that fairly distributes the net amount among all eligible <br />parcels in proportion to the estimated special benefit to be received by each parcel from the <br />improvements and services. <br />Section 3. The Report and assessment as presented to the City Council and on file in the <br />office of the City Clerk are hereby confirmed as filed. <br />Section 4. The City Council hereby orders the proposed improvements to be made, which <br />improvements are briefly described as follows: the operating, maintaining, servicing, and <br />replacing of public improvements including: the Storm Water Lift Station and Detention Pond; the <br />Storm Water Treatment Pond; the "buffer" area and trail; the tidal marshlands; the sound walls on <br />both sides of Lewelling Boulevard; Lewelling Boulevard improvements including curb, gutter, <br />sidewalk, and landscaping; the Shoreline Trail and trail extension; the water circulation and <br />drainage improvements, shoreline levees, outfalls, tide gates, pumps, maintenance roads, bank <br />protection, drainage facilities, and animal control in marshland and trail area; wetland habitats; <br />any other public improvements, including, but not limited to, streets, sidewalks, public <br />rights-of-way, sewers, waterlines, sound walls, traffic signals, signage, streetlights, drains, storm <br />water facilities, parks, landscaping, and lift station; the Buffer Zone and Interpretive Centers; and <br />all appurtenances. <br />Maintenance means the furnishing of services and materials for the ordinary and usual <br />maintenance of the facilities and improvements, including repair, removal, or replacement of all or <br />part of any of the improvements or appurtenant facilities, and providing for the satisfactory <br />working condition of the improvements. Services provided include any and all necessary service, <br />operation, administration, and maintenance required to keep the improvements in a satisfactory <br />condition. <br />Section 5. The maintenance, operation, and servicing of the improvements and appurtenant <br />facilities shall be performed pursuant to the Code, and the County Auditor of the County of <br />Page 2 City of San Leandro Printed on 7/1/2021 <br />1322