RESOLUTION NO. 2023-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES PROVIDING PRELIMINARY APPROVAL OF ENGINEER’S REPORT,
STATING INTENTION TO CONFIRM DIAGRAM AND TO LEVY AND
COLLECT ANNUAL ASSESSMENTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972
CALIFORNIA BREEZE PARKS AND OPEN SPACES
MAINTENANCE ASSESSMENT DISTRICT
WHEREAS, it is the intention of the Gonzales City Council (the “Council”) to confirm the diagram for and to levy and collect assessments in the California Breeze Parks and Open Spaces Maintenance Assessment District for the purpose of maintaining, operating and/or servicing of public lands and improvements for parks and open space purposes pursuant to the Landscaping and Lighting Act of 1972 (the “Act”), being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) and as provided by Article XIIID of the California Constitution; and
WHEREAS, pursuant to the Act, Harris & Associates, the designated Engineer of Work of the City of Gonzales (the “City”) has filed with the City Clerk an Engineer’s Report (the “Report”) for the District called for under said Act; and WHEREAS, the Council has given preliminary consideration to the Report and each and every part thereof, and finds that each and every part of said Report is sufficient, and that neither said Report, nor any part thereof requires or should be modified in any respect.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. With respect to the California Breeze Parks and Open Spaces Maintenance Assessment District Engineer’s Report for Fiscal Year 2023-2024, the Council finds:
• That the plans and specifications in said Report be, and they are hereby preliminarily approved and confirmed.
• That the Engineer’s itemized and total costs and expenses of said maintenance, operation and/or servicing of public lands and improvements and of the incidental expenses in connection therewith, contained in said Report be, and each of them are hereby, preliminarily approved and confirmed.
• That the diagram showing the assessment district and the boundaries and dimensions of the respective subdivisions of land within said assessment district are hereby preliminarily approved and confirmed.
• That the proposed assessments upon the several subdivisions of land in said assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said maintenance, operation and/or servicing of public lands and improvements, and of the incidental expenses thereof, as contained in said Report, be, and they are hereby, preliminarily approved and confirmed.
• That the maps and descriptions of the lands and easements to be acquired, if any, contained in said Report be, and the same are hereby, preliminarily approved and confirmed.
• That the proposed maximum annual assessments upon each of the several subdivisions of land in the assessment district to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments, as contained in said Report be, and the same are hereby, preliminarily approved and confirmed.
• That said Report is preliminarily approved and confirmed as a whole and shall stand as the Engineer’s Report for the purpose of all subsequent proceedings.
2. The Council hereby finds that the public interest and convenience requires, and as such declares its intention to levy and collect assessments against the assessable lots and parcels of land within the District referenced herein for Fiscal Year 2023-2024, all pursuant to the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution.
3. The public improvements and lands to be maintained, operated and/or serviced are generally described in the California Breeze Parks and Open Spaces Maintenance Assessment District Engineer’s Report for Fiscal Year 2023-2024, incorporated herein by reference.
4. The involved assessment district is generally described as follows:
California Breeze Parks and Open Spaces Maintenance Assessment District - a district bounded on the east by Herold Parkway, on the west by US Route 101, on the south by a line approximately 5100 feet south of Fifth Street and on the north by Fifth Street.
5. Reference to the Engineer’s Report, on file with the City Clerk, is hereby made for a full and detailed description of the public improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the assessment district.
6. It is ordered that Tuesday, June 20, 2023, at 6:00 p.m., in the regular meeting place of said Council, Council Chambers, 117 Fourth Street, Gonzales, California, is hereby appointed and fixed for the public hearing and time and place when and where the Council will consider and act upon the Engineer’s Report, confirm the District diagram, and the levy of the proposed assessment.
7. The City Clerk is directed to give notice of the hearing by one publication of a copy of this Resolution in the local newspaper published and circulated in said City, pursuant to Section 6061 of the California Government Code.
8. The proposed assessments will not increase from the assessments established for said Districts for Fiscal Year 2022-2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 15th day of May, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, The Honorable Mayor
I, the undersigned Deputy City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gonzales, California, at a regular meeting thereof held on the 15th day of May, 2023, by the above-stated vote of the members thereof, a majority being present.
Dated: May 15, 2023
_________________________________
Mary Villegas, Deputy City Clerk