June 1, 2004

SUBJECT: Resolution Setting a Public Hearing Establishing the FY 2004/2005 Wastewater Assessment Charges for Properties Located Outside the City.

REPORT IN BRIEF

The City provides wastewater service to various properties located outside the City limits. Payment for these services is received through property tax assessments. In order to comply with legal requirements related to noticing property owners of annual assessments, the City Council needs to adopt a resolution providing for the manner of collection of wastewater service charges for properties outside the city and setting a date for a public hearing.

Staff recommends that the City Council adopt a resolution setting a public hearing on the adoption of the FY 2004/2005 wastewater assessment charges for properties outside the City for the meeting of June 15, 2004.

EXISTING POLICY

Assessments are made pursuant to Section 5473 of the Health and Safety Code and Section 12.16.020 of the Sunnyvale Municipal Code.

DISCUSSION

Following a public hearing, the City Council adopts a resolution each year providing for the collection of wastewater service charges through tax roll assessments by the County of Santa Clara. The properties which are assessed these charges are outside the City limits. The service area is bounded by Stevens Creek Blvd., Lawrence Expressway, Blaney Avenue and Bollinger Road in the City of Cupertino and by Bollinger Road, Lawrence Expressway, Johnson Avenue and Castle Glen Avenue in the City of San Jose.

The attached resolution sets a hearing to be held on June 15, 2004 to hear comments or protests from property owners being assessed prior to adoption of the resolution and assessment of the charges. Following the public hearing on June 15, 2004, the City Council will consider comments made and approve the charges, if appropriate.

FISCAL IMPACT

There is no fiscal impact to the City of Sunnyvale as a result of adoption of this resolution.

PUBLIC CONTACT

If adopted, notice of the holding of a public hearing will be published in the San Jose Mercury News. Public contact is also provided via publication and posting of the City Council Agenda. Reports to Council are available in the Sunnyvale Library and on the City’s website.

ALTERNATIVES

1.  Adopt the resolution, which sets a public hearing for June 15, 2004.
2.  Do not adopt the resolution.

RECOMMENDATION

Staff recommends that the City Council adopt Alternative 1 setting the public hearing for June 15, 2004.

Prepared by:

Timothy J. Kirby
Revenue Systems Supervisor

Reviewed by:

Mary J. Bradley
Director of Finance

Approved by:

Amy Chan
City Manager



Attachments

A. Notice of Public Hearing (.pdf format)
B. Proposed Resolution (.pdf format)