RESOLUTION NO. 2023-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE FORMATION OF PROPOSED CITY OF POMONA PHILLIPS RANCH LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND IN ACCORDANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND SETTING A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Pomona has, this date, adopted its Resolution No. 2023-18 (the “Resolution Initiating Proceedings”) for the proposed “Phillips Ranch Landscaping and Lighting Maintenance Assessment District” (the “Proposed Assessment District”), to which resolution reference is made for further particulars; and WHEREAS, NBS Government Finance Group has filed with the City Clerk an Engineer’s Report and Assessment Diagram for the Proposed Assessment District, which are incorporated herein by reference. The Engineer’s Report includes: (1) a description of the improvements; (2) an estimate and assessment of the annual cost of maintenance and servicing of such improvements; (3) a description of the assessable parcels of land within the Proposed Assessment District and subject to the proposed assessment; (4) a description of the proportionate special and general benefits conferred on property by the maintenance and servicing of the improvements; (5) a diagram of Proposed Assessment District, as well as the boundaries of benefit zones within said Proposed Assessment District, if any and (6) a specification of the amount to be assessed upon various types of assessable property to fund maintenance and servicing of the improvements; and WHEREAS, the Proposed Assessment District, which the City Council intends to form under the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 (beginning with Section 22500) of the California Streets and Highways Code (the “1972 Act”), is for the purpose of funding a portion of the cost of 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 (collectively, the “Proposed Project”); and WHEREAS, in accordance with the 1972 Act, the Engineer’s Report has been filed with the City Clerk and submitted to this City Council; and WHEREAS, it is in order for the City to provide formal notice to the owners of property within the Proposed Assessment District of the details thereof and of the Proposed Project and to conduct the notice, hearing and protest ballot procedures required by the 1972 Act, by Article XIIID of the California Constitution and by the Proposition 218 Omnibus Implementation Act (Sections 53750 and following of the California Government Code) (collectively, the “Assessment Law”).
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 declares its intention to order and finds that the public interest, necessity and convenience require, the formation of the Proposed Assessment District to fund the Proposed Project and declares its intention to levy and collect annual assessments in perpetuity on the parcels of real property within the Proposed Assessment District in accordance with the special benefit to be received by each parcel of land, respectively, from the Proposed Project, subject to the approval of the property owners pursuant to the 1972 Act and Article XIIID of the California Constitution.
SECTION 3. 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 4. The improvements which shall be maintained for the benefit of the Proposed Assessment District and through the assessments levied annually shall include but not be limited to: 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 5. The City’s assessment engineer, NBS, has filed the Engineer’s Report with the City Clerk, to which reference is made for a full and detailed description of the Proposed Project and of the proposed annual assessments upon the parcels of land within the Proposed Assessment District.
SECTION 6. The Engineer’s Report, as presented, consisting of the following: a description of improvements, the estimated costs of improvements, a diagram for the Proposed Assessment District, and the Proposed Assessment District assessment roll containing the Fiscal Year 2023/24 levy for each Assessor’s parcel within the Proposed Assessment District, is hereby approved and ordered to be filed in the office of the City Clerk as a permanent record and to remain open for public inspection. Reference is made to the Engineer’s Report for a full detailed description of the improvements to be maintained, the boundaries of the Proposed Assessment District, and the proposed assessments upon assessable lots and parcels of land within the Proposed Assessment District.
SECTION 7. This City Council intends to include in the annual assessments upon each of the parcels of land in the Proposed Assessment District amounts necessary to pay various costs and expenses incurred from time to time by the City and not otherwise reimbursed to the City which results from the administration and collection of the annual assessments, subject to the limitations on the amount of such annual assessments as are prescribed in the Engineer’s Report.
SECTION 8. This City Council hereby sets a public hearing for 7:00 P.M. on April 3, 2023, in the City Hall Council Chambers at 505 Garey Avenue, Pomona, California, as the time and place for hearing all protests to the proposed public improvements, the proposed levy of assessments, the amounts of individual assessments, for tabulating all assessment ballots and for any related matters as set forth in the Engineer’s Report; any interested person may appear and object to Proposed Project, or to any element of the Proposed Assessment District or to said proposed annual assessment.
SECTION 9. The City Clerk is hereby directed to cause a notice of the public hearing to be given by mailing such notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753 of the Proposition 218 Omnibus Implementation Act, and upon the completion of the mailing of the notices and assessment ballots, the City Clerk is hereby directed to file with the City Council an affidavit setting forth the time and manner of the mailing of the notices and assessment ballots.
SECTION 10. The City Council hereby designates NBS, telephone number 800-676-7516, to answer inquiries regarding the Proposed Project, the estimated costs, the individual assessments, or any other aspect of the Proposed Assessment District and the related public hearing and protest proceedings.
SECTION 11. 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. 2023-19
February 6, 2023
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