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06-08-2010 CC Rpt A17 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY r1- E CEI V ED ar,r41 Meeting Date: June 8, 2010 t-p: . lxv.: Public Hearing: 0 2010 JUN — I AM 9: 07 Pen— “RL' Discussion item: Cii, iTy,,,----- Fif'i L;1 niTY CLERK Consent Item: C'i-irrq0keHILLS 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 SPECIAL MAINTENANCE AREAS 1 AND 2 AND 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 SPECIAL MAINTENANCE AREAS 1 AND 2, SE I I ING THE DATE, TIME AND PLACE FOR CONFIRMATION OF ANNUAL ASSESSMENTS FOR SPECIAL MAINTENANCE AREAS 1 AND 2. BACKGROUND/ANALYSIS: Special Maintenance Area 1 was formed to provide street sweeping services throughout Chino Hills and to levy a special service charge to cover the costs of furnishing that service, Chino Hills Special Maintenance Area No. 2 was formed to provide road maintenance in the Sleepy Hollow area and was also empowered to collect a special service fee to pay for that benefit. On February 9, 2010, the City Council adopted Resolution No. 10R-06 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 Chino Hills Maintenance Areas 1 and 2 as presented in the Engineer's Report, and to set the annual assessments on properties within the Districts. 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 [tern has been reviewed by the Finance Director. ,--, i re c ; AGENDA DATE JUNE 8, 2010 PAGE 2 SUBJECT: RESOLUTION TO SET TIME AND PLACE FOR THE PUBLIC HEARING OF ANNUAL ASSESSMENTS FOR SPECIAL MAINTENANCE AREAS 1 AND 2 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 2009/10 fiscal year budget. Respectfully submitted, Recommended by: 14/1 U/1444,—/ -Michael S. Heider/City Manager John Mura, Public Works Director RESOLUTION NO. 10R- A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF CHINO HILLS, ACTING IN ITS CAPACITY AS THE GOVERNING BODY OF SPECIAL MAINTENANCE AREAS 1 AND 2, SETTING THE DATE, TIME AND PLACE FOR CONFIRMATION OF ANNUAL ASSESSMENTS FOR SPECIAL MAINTENANCE AREAS 1 AND 2. WHEREAS, Chino Hills Special Maintenance Area 1, previously formed by the Board of Supervisors of the County of San Bernardino as County Service Area 70-CH, provides street sweeping services throughout Chirio Hills; and WHEREAS, Chino Hills Special Maintenance Area 2, previously formed by the Board of Supervisors of the County of San Bernardino as County Service Area 48-A, provides road maintenance services in the Sleepy Hollow area of Chino Hills; and WHEREAS, on February 9, 2010, the City Council of the City of Chino Hills adopted Resolution No. 10R-06 ordering an Engineer's Report for annual assessments for Special Maintenance Areas 1 and 2, 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 Special Maintenance Areas 1 and 2, for the expenses necessary for the maintenance, repairs, replacement, utilities, care, supervision, and all other items necessary for proper maintenance and operation of the improvements shall be confirmed as a special service charge upon each lot or parcel of land lying within the maintenance areas in proportion to the estimated benefits received from the existing maintenance and improvements. SECTION 2. That the Engineer's Report for the proposed Special Maintenance Areas 1 and 2 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 1 of 3 and parcels of land within the District. SECTION 3. That the proceedings for the confirmation of the aforesaid charges contained in the Annual Report for the maintenance areas shall be taken under and in accordance with the State of California Government Code Section 25210.77a and the County of San Bernardino Ordinance No. SD-91-11 incorporated by reference into the Chino Hills Municipal Code. 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 Special Maintenance Areas 1 and 2 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 Special Maintenance Areas 1 and 2 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 Government Code Section 6066, as applicable. SECTION 7. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 8th day of June, 2010. W.C. "Bill" KRUGER, MAYOR ATTEST: MARY McDUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 2 of 3