HomeMy WebLinkAboutResolution No. 2019-047 Lighting and Landscaping Maintenance District Zones A and B for FY 19-20 RESOLUTION NO. 2M947
A RESOLUTION OF THE E C17Y COUNCFL ®IF 'ICH E CETT OF PO ONA,
CAL11;ORNRA, APIPRUVa NG YHE ANNUAL DENGDNFER'S REPORT,
DDECLAW NC D'D'S DN7 ENT1 ON TO LEVY AND CO LLIrC D' ANNUAL
ASSESSMENTS FOR THE CONS®LDDDATEDD Cff7 YWIIBF- STREET
LRGHTffNC AND ILANUSCAPRNC MA:NT ENANCE DDDS"D RX , ZONES A
AND B FOR IFDSCAL YEAR 2®T9/20 ANIS GDV NC N07ECE OF AND
S1ETTgNG `D`HIE TDM E AND PLACE OF THE PUBLIC HEAR' NG ON 'Q'H E
ANNUAL LEVY OF ASSESSMENTS
WHEREAS, on February 4, 2019 by Resolution No. 2019-XX, the City Council ("City
Council") of the City of Pomona ("City"), State of California, in accordance with and pursuant to
the Landscaping and Lighting Act of 1972,Part 2,Division 15 of the California Streets and Highways
Code (commencing with Section 22500), and Article XIIID of the California Constitution
(collectively referred to as "Assessment Law"), initiated proceedings to levy and collect annual
assessments within the existing maintenance district known and designated as the Consolidated
Citywide Street Lighting and Landscaping Maintenance District, Zones A and B, hereafter referred
to as the "District"; and
WHEREAS, On May 6, 2019, the City Council approved a proposal to form a new
assessment district within the Phillips Ranch area that, if approved by the property owners within
that territory, would impose new assessments superseding the assessments currently authorized and
levied for this District; and
WHEREAS, in.the event that the proposal to form a new assessment district does not pass,
the City Council desires to maintain those assessments that are currently authorized and levied within
the District on an annual basis; and
WHEREAS, the City has retained NBS Government Finance Group, DBA NBS ("NBS")
for the purpose of assisting with the annual levy of the District,and to prepare and file an Engineer's
Report providing details regarding the annual assessments ("Annual Report"); and
WHEREAS, the Council, by previous resolution, ordered NBS to prepare and file such
Annual Report in accordance with the Assessment Law; and
WHEREAS, NBS has timely prepared and filed such Annual Report with the City Clerk;
and
WHEREAS,at this time,the City Council desires to declare its intention to levy and collect
annual assessments within the District for the 2019-20 fiscal year, to provide for the costs and
expenses necessary to pay for the maintenance and servicing of the improvements (defined below)
within the District; and
WHEREAS, the assessments proposed by this resolution will be for the purpose of meeting
operating expenses and purchasing supplies, equipment, or materials necessary to maintain
improvements within the District.
Resolution No. 2019-47
June 17, 2019
Page 1 of 3
NOW, THEREFORE, BE �7 RESOLVED by the City Council of the City of Pomona as
follows:
SIECY10N 1: The above recitals are true and correct.
SIECTIGN 2: The Council hereby declares its intention to levy and collect annual
assessments within the District to pay the costs of the maintenance and servicing of the improvements
for the fiscal year commencing July 1, 2019 and ending June 30, 2020. The Council finds that the
public's best interest requires such action.
SECTION 3: The improvements that are being maintained for the benefit of the District and
through the assessments levied annually shall include, but not be limited to:
(a) the installation or construction or operation of public lighting,
facilities,including,but not limited to, street lights,and traffic signals;
(b) the installation or planting or maintenance of landscaping, including,
but not limited to, turf, trees, open space areas, greenbelts and
parkways;
(c) the installation or construction of any facilities which are appurtenant
to any improvements listed in (a) and (b) or which are necessary or
convenient for the maintenance or servicing thereof including,but not
limited to, irrigation, drainage, and electrical facilities; and
(d) the maintenance and servicing of any of the foregoing.
SECTION 4: The District is located in the Phillips Ranch area generally located in a
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).
SECTION 5: Reference is made to the Annual Report prepared by NBS, on file with the
City Clerk, for a full and detailed description of the improvements, the District Diagram, and the
proposed assessments upon assessable lots and parcels of land in the District.
SECTION 6: The Council hereby declares its intention to conduct a Public Hearing
concerning the levy of annual assessments in accordance with Section 22629 of the Assessment Law.
All objections to the assessment, if any, will be considered by the Council. The Public Hearing will
be held on July 15, 2019 at 7:00 pm or as soon thereafter as is feasible in the Council Chambers
located at 505 Gary Avenue, Pomona, California.
SECTION 7: The maximum assessment is not proposed to increase from the previous year.
SECTION 8: In accordance with Section 22626(a) of the Assessment Law, the City Clerk
shall give notice of the time and place of the public hearing by publishing this Resolution of Intention
at Ieast ten(10) days prior to the date of said hearing.
Resolution No. 2019-47
June 17, 2019
Page 2 of 3
PASSED, APPROVED AND ADOPTED this ITh day of June, 2019.
CITY OF POMONA:
Tim Sandov
Mayor
APPROVED EffD AS TO (FORM: ATTEST:
Christi Hogin R salia A. Butler MMC
Interim 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 June 17, 2019 by the following
vote of the Council:
AYES: Garcia, Gonzalez, Lustro, Ontiveros-Cole, Preciado, Torres, Sandoval
NOES: None
ABSTAIN: None
ABSENT: None
Rosalia A. Butl r MMC
City Clerk
Resolution No. 2019-47
June 17, 2019
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