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06-08-2010 CC Rpt A16 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY r\ ECEIV ED Meeting Date: June B. 2010 �i Public Hearing: E/ / 20)a JUN 9: ©1 Discussion liem: / .• '1 CLERIC Consent Item: I� Q4' it dU RILLS June 1 , 2010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: A RESOLUTION TO SET TIME AND PLACE FOR THE PUBLIC HEARING OF ANNUAL ASSESSMENTS FOR THE CHINO HILLS LANDSCAPE AND LIGHTING DISTRICT NO, 1 TO CONFIRM ANNUAL ASSESSMENTS RECOMMENDATION: Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, ACTING IN ITS CAPACITY AS THE GOVERNING BODY OF THE CHINO HILLS LANDSCAPE AND LIGHTING DISTRICT NO. 1, SETTING THE DATE, TIME AND PLACE FOR CONFIRMATION OF ANNUAL ASSESSMENTS FOR THE CHINO HILLS LANDSCAPE AND LIGHTING DISTRICT NO. 1, PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE, SECTION 22500 ET. SEQ., STATE OF CALIFORNIA.) BACKGROUND/ANALYSIS: Chino Hills Landscape and Lighting District No, 1 was formed to provide street lighting, park, open space, landscaping maintenance, and improvements throughout the District. On February 9, 2010, the City Council adopted Resolution No. 10R-05 ordering the Engineer's Report for 2010/11 fiscal year. Annually, the City Council must hold a public hearing to review the cost of operation for Landscape and Lighting as presented in the Engineer's Report, and to set the annual assessments on properties within the District. The date for this hearing will be July 13, 2010. The Engineer's Report for fiscal year 2010/11, with proposed assessments, is now on file with the City Clerk as is the 2009/10 fiscal year District Map. Staff will provide the 2010/11 District Map prior to the public hearing. REVIEW BY AFFECTED DEPARTMENTS: This item has been reviewed by the Finance Director, I AGENDA DATE: JUNE 8, 2010 PAGE 2 SUBJECT: A RESOLUTION TO SET TIME AND PLACE FOR THE PUBLIC HEARING OF ANNUAL ASSESSMENTS FOR THE CHINO HILLS LANDSCAPE AND LIGHTING DISTRICT NO. 1 AND TO CONFIRM ANNUAL ASSESSMENTS FISCAL IMPACT: Funding for the proposed maintenance and improvement expenses will be provided by the assessment charges proposed in the Engineer's Report and will be levied against those properties receiving benefit from the services provided. Funding for the report is contained within the 2009/2010 fiscal year budget. Respectfully submitted, Recommended by: _ MichaM FleageVity Manager John Muria, Public orks Director RESOLUTION NO. 10R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, ACTING IN ITS CAPACITY AS THE GOVERNING BODY OF THE CHINO HILLS LANDSCAPE AND LIGHTING DISTRICT NO.1, SETTING THE DATE, TIME AND PLACE FOR CONFIRMATION OF ANNUAL ASSESSMENTS FOR THE CHINO HILLS LANDSCAPE AND LIGHTING DISTRICT NO. 1, PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE, SECTION 22500 ET SEQ., STATE OF CALIFORNIA.) WHEREAS, on February 9, 2010, the City Council of the City of Chino Hills adopted Resolution No. 10R-05 ordering an Engineer's Report for annual assessments for Chino Hills Landscape and Lighting District No. 1, street lighting, open space, park, landscaping, fencing, and irrigation maintenance, and other similar appurtenances, along with the addition of new capital facilities and improvements of similar nature as provided in the Engineer's Report; and WHEREAS, the City Council has been informed that the Engineer's Report described in said Resolution setting forth the proposed annual assessments for fiscal year 2010/11 is on file with the City Clerk; and WHEREAS, the City Council does set July 13, 2010 at 7:00 p.m. in the Council Chambers of City Hall, 14000 City Center Drive, Chino Hills, as the day, hour, and fixed place for a Public Hearing at which time any and all persons having any objections to the confirmation of the assessments for fiscal year 2010/11 can appear before the City Council to protest such confirmation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 . That the public interest and convenience require, and it is the intention of the City Council, to levy and collect within Chino Hills Landscape and Lighting District No. 1, generally located within Los Ranchos, Rolling Ridge, Oaks, Carbon Canyon, Butterfield and Rincon Villages, assessments for the fiscal year 2010/11. SECTION 2. That the Engineer's Report for the proposed Chino Hills Landscape and Lighting Assessment District No. 1 annual assessments was filed with the City Clerk and submitted to the City Council this date. The Engineer's Report may be referred to for a full and detailed description of the improvements, the boundaries of the assessment district, and any zones therein and the proposed assessments upon assessable lots and parcels of land within the District. 1 of 3 SECTION 3. The improvements to the District shall only include improvements that were previously authorized by the District, pursuant to the 1996/97 Engineers Report. SECTION 4. That on July 13, 2010, at 7:00 p.m,, the City Council will hold a public hearing in the Council Chambers of City Hall located at 14000 City Center Drive, Chino Hills, to give all interested persons an opportunity to hear and be heard on the proposed assessments to be levied on Chino Hills Landscape and Lighting No. 1 , District for fiscal year 2010/11, as contained in the Engineer's Report on file in the City Clerk's Office, SECTION 5. That on July 13, 2010, 7:00 p.m., the City Council will confirm the proposed assessments to be levied on Landscape and Lighting District No. 1 for fiscal year 2010/11, as contained in the Engineer's Report on file in the City Clerk's Office: The City Council shall consider all oral statements and written protests made or filed by any interested person and may increase or decrease the proposed assessments. SECTION 6. The City Clerk is hereby directed to give notice pursuant to Street and Highways Code Section 22552 and 22553, as applicable. SECTION 7. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 8 day of June, 2010. WC. "Bill" Kruger, MAYOR ATTEST: MARY McDUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 2 of 3