RESOLUTION NO. 2023-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, INITIATING PROCEEDINGS FOR PROPOSED CITY OF POMONA PHILLIPS RANCH LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, the City of Pomona Consolidated Citywide Street Lighting and Landscaping Maintenance District Zone A and B (the “Prior District”) was previously formed to fund the maintenance and servicing of improvements, including the maintenance, repair, and replacement of street lighting, landscaping, street trees, parkways, and median islands within the boundary of the Prior District; and WHEREAS, the Prior District was intended to fully fund the maintenance and servicing of the specified improvements, however, the cost to do so has risen, and the Prior District assessment did not include a cost of living adjustment provision; and WHEREAS, the City Council of the City of Pomona, under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (beginning with Section 22500) of the California Streets and Highways Code (the “1972 Act”), proposes to consider the formation of the City of Pomona Phillips Ranch Landscaping and Lighting Maintenance Assessment District (the “Proposed Assessment District”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona, California, and this City Council does hereby find, order, and determine as follows:
SECTION 1. The City Council hereby finds and declares that the foregoing recitals are true.
SECTION 2. The City Council hereby designates the Proposed Assessment District as the “City of Pomona Phillips Ranch Landscaping and Lighting Maintenance Assessment District”.
SECTION 3. The City Council hereby proposes consideration of the Proposed Assessment District to fund the maintenance and servicing of the improvements, which are described as the maintenance, repair, and replacement of street lighting, landscaping, street trees, parkways, and median islands with appurtenant work and related costs.
SECTION 4. The location of the Proposed Assessment District is the triangular area of the City of Pomona between the Pomona Freeway (State Route 60), the Orange Freeway (State Route 57), and the Chino Valley Freeway (State Route 71) known as the Phillips Ranch master-planned community.
SECTION 5. The City Council hereby appoints and designates NBS (the “Assessment Engineer”) to perform the duties and functions of the Assessment Engineer in connection with the formation proceedings for the Proposed Assessment District.
SECTION 6. The Assessment Engineer is hereby ordered to make and file with the City Clerk of the City Council a report in writing in accordance with Article XIIID, Section 4(b) of the California Constitution and Section 22567 of the 1972 Act.
SECTION 7. The City Council hereby appoints and designates the City Engineer of the City to perform the duties and functions of the Superintendent of Streets in connection with such proceedings.
SECTION 8. The City Council hereby designates the Finance Director, or the designated agent of the Finance Director, to collect and receive the assessments.
SECTION 9. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 6th day of February, 2023.
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________________
Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on February 6, 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC, City Clerk
Resolution No. 2023-18
February 6, 2023
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ATTACHMENT NO. 1