RESOLUTION NO. 2024-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES APPROVING THE ENGINEER’S REPORT AND DECLARING ITS INTENTION TO PROPOSE AN
INCREASE OF ASSESSMENTS AND AN ANNUAL ESCALATION FACTOR FOR THE
CALIFORNIA BREEZE PARKS AND OPEN SPACE DISTRICT FOR FISCAL YEAR 2024/25
WHEREAS, the City Council of the City of Gonzales (the “City”) has initiated proceedings to increase assessments within the City’s California Breeze Parks and Open Space District (the “District”) pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” being Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) and in accordance with Article XIIID of the California Constitution and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the California Government Code); and,
WHEREAS, the Assessment Engineer, Harris & Associates, has filed with the City Clerk of the City and the City Clerk has presented to the City Council a report (the “Engineer’s Report”) regarding the proposed increase in assessment for the District; and, WHEREAS, the Engineer’s Report has been duly presented by the City Clerk for consideration and has been fully considered by the City Council; NOW THEREFORE, the City Council of the City of Gonzales, California, does hereby resolve as follows:
Section 1. The above recitals are true and correct.
Section 2. The Engineer’s Report, including the plans, specifications, general descriptions, estimate of the cost of the landscaping, lighting and parks maintenance within the District and the incidental expenses in connection therewith, the diagrams and the proposed assessments, is hereby approved as filed [or modified] and incorporated herein by reference. The Engineer’s Report shall stand as the report for the purpose of all subsequent proceedings under the Act and Article XIIID, except that it may be confirmed, modified or corrected as provided in the Act.
Section 3. The City Council hereby declares its intention to propose increased assessments and include an annual inflationary adjustment to the maximum assessments in the District. The boundaries of the District cover the real property benefited by the improvements and services provided. The City Council hereby declares and finds the land within the boundaries of the District to be specially benefited by the improvements and services provided therein.
Section 4. The purpose of District is to fund the maintenance of landscaping, lighting and parks improvements located in the District. This Engineer’s Report and its exhibits contain a full and detailed description of the improvements, and the maintenance and servicing thereof, which are funded by the District, and the proposed assessment increases and annual inflationary adjustments upon the assessable properties within the District.
Section 5. The City Council appoints July 22, 2024 at 6:00 p.m. in the Council Chambers, 147 Fourth Street, Gonzales, California, or as soon thereafter as the matter may be heard, as the time and place for a Public Hearing related to the proposed increases and annual inflationary adjustments, as set forth in the Engineer’s Report. Any interested person may appear and address the Council on the matters presented.
Section 6. The City Clerk is hereby directed to give notice of such hearing by mailing notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753 of the California Government Code, and upon the completion of the mailing of said 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 compliance with the requirements of law for mailing said notices and assessment ballots. The City Clerk shall cause notice of the public hearing to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when deposited in such mail. The notice shall be mailed not less than forty-five (45) days prior to the date of the public hearing.
Section 7. This resolution shall take effect immediately.
Section 8. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of resolutions of the City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City in the minutes of the meeting at which the same is presented.
PASSED AND ADOPTED by the Gonzales City Council at a regular meeting held on June 3, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jose L. Rios, Mayor
ATTEST:
Mary Villegas, Deputy City Clerk