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05-27-2008 CC Rpt A17 • h COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY ;g4.1%;,,:t.,:, Meeting Date: May 27, 2008 Public Hearing: 0 Discussion Item: ;/ Consent Item: May 20, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER 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 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, SETTING 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 12, 2008, the City Council adopted Resolution No, 08R-08 ordering the Engineer's Report for 2008/09 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 June 24, 2008. The Engineer's Report for fiscal year 2008/09, with proposed assessments, is now on file with the City Clerk as is the 2007/08 fiscal year District Map. Staff will provide the 2008/09 District Map prior to the public hearing. REVIEW BY AFFECTED DEPARTMENTS: This item has been reviewed by the Finance Director. fi 17 AGENDA DATE: MAY 27, 2008 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 2007/08 fiscal year budget. Re :ectfully submitted, Recommended by: egA/4 lot , .s N. La Belle, City Manager Pat Hagle2 i. Public Facilities and Operations Director 4011 RESOLUTION NO. 08R- A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF CHINO HILLS, ACTING IN ITS CAPACITY AS THE GOVERNING BODY OF SPECIAL MAINTENANCE AREASI 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 Chino 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 12, 2008, the City Council of the City of Chino Hills adopted Resolution No. 08R-08 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 2008/09 is on file with the City Clerk; and WHEREAS, the City Council does set June 24, 2008 at 7:00 p.m. in the Council Chambers of City Hall, 2001 Grand Avenue, 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 2008/09 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 lipsubmitted 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. That the proceedings for the confirmation of the aforesaid ill 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 June 24, 2008, at 7:00 p.m., the City Council will hold a public hearing in the Council Chambers of City Hall located in the Civic Center, 2001 Grand Avenue, 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 2008/09, as contained in the Engineer's Report on file in the City Clerk's Office. SECTION 5. That on June 24, 2008, 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 2008/09, 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. aillSECTION 7. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 27th day of May, 2008. CURT HAGMAN, MAYOR ATTEST: MARY McDUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 41P 2 of 3