HomeMy WebLinkAboutRES NO 14-92RESOLUTION NO. 14-92
A RESOLUTION PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT; APPOINTING TIME AND PLACE
FOR HEARING PROTESTS TOTHE PROPOSED DISTRICT;
SETTING THE BOUNDARIES THEREOF; THE FAIRNESS
OF THE BENEFIT FORMULA; THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL
AND THE RESERVATION OF RIGHT TO PERFORM WORK
BY CITY FORCES (RESOLUTION OF INTENTION NO.
1088, UNION AVENUE MAINTENANCE DISTRICT).
WHEREAS, the Council of the City of Bakersfield, State
of California, heretofore adopted on January 15, 1992, its
Resolution of Intention No. 1088, declaring its intention to
establish Union Avenue Maintenance District and to assess the cost
of maintaining certain local improvements upon the real property
within said district, in accordance with Chapter 13.04 of Title 13
of the Municipal Code of the City of Bakersfield; and
WHEREAS, said Council in and by said Resolution of
Intention No. 1088 referred said proposed district and assessment
to the Public Works Director, City of Bakersfield, and directed
said Public Works Director to annually prepare and file with the
Clerk, a Report containing the matters specified in Section
13.04.130 and 13.04.140 of said Chapter 13.04 of the Municipal Code
of the City of Bakersfield; and
WHEREAS, said Public Works Director has on this date
filed with the Clerk of said Council his Report, in writing,
containing said matters, including the following:
(a) a description of each parcel of property in the
proposed maintenance district, attached hereto as
Exhibit "A" and incorporated as though fully set
forth;
(b)
the improvements to be maintained by this district
specifically are various items included in
Landscape Plans within the boundaries as shown on
Map and Assessment Diagram for Union Avenue
Maintenance District, Exhibit "B," on file in the
offices of the City Clerk and Public Works Director
of the City. All such improvements will be
constructed only after plans therefore have been
filed with and approved by the City Engineer;
(c) the Benefit Formula previously set forth as Exhibit
"C" to Resolution of Intention No. 1088;
ORIGINAL
(d)
a Budget, Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield
Municipal Code; and
(e)
the amount of assessment to be levied against each
parcel, attached hereto as Exhibit "E" and
incorporated as though fully set forth; and
WHEREAS, said Public Works
duly presented by said City Clerk for
fully considered by the Council.
Director's Report has been
consideration and has been
NOW THEREFORE, BE IT RESOLVED and directed as follows:
1. Said Public Works Director's Report, including the
analysis, findings and conclusions set forth therein, the budget,
benefit formula, descriptions of property, descriptions of the
improvements to be maintained by the district, proposed assessment
against each parcel in said district, is hereby preliminarily
adopted, confirmed and approved.
2. WEDNESDAY, FEBRUARY 12, 1992, AT 7:00 P.M., or as
soon thereafter as may be heard, at the Council Chambers of the
City Council, 1501 Truxtun Avenue, Bakersfield, California, is
hereby fixed as the time and place for hearing protests on the
following matters:
ESTABLISHMENT OF THE DISTRICT;
SETTING THE BOUNDARIES OF THE DISTRICT;
FAIRNESS OF THE BENEFIT FORMULA;
THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL
OF PROPERTY TO BE ASSESSED;
RESERVATION BY CITY OF RIGHT TO ELECT WHETHER
TO PROCEED TO PERFORM WORK BY CITY FORCES.
Any interested person may object to any of the above-
listed matters by filing a written protest with the City Clerk at
1501 Truxtun Avenue, Bakersfield, California, at or before said
time set for hearing; and said City Clerk shall endorse on each
protest the date and hour of its receipt, and at said time
appointment for said hearing shall present to the Council all such
protests filed with said Clerk.
ORIGINAL
3. The City Clerk is hereby further directed to cause
notice of said hearing to be published, posted and mailed in the
manner prescribed by Sections 13.04.150 through 13.04.170 of the
Bakersfield Municipal Code, said notice to be completed not less
than ten (10) days prior to such hearing. The form of notice shall
be substantially as follows:
CITY OF BAKERSFIELD
NOTICE OF HEARING ON
PROPOSED UNION AVENUE MAINTENANCE DISTRICT
NOTICE IS HEREBY GIVEN that the Public Works Director of
the City of Bakersfield has caused to be prepared and filed with
the City Clerk a Report, in writing, which provides the basis for
the benefit assessment for maintaining street median landscaping to
be borne by all parcels or property within proposed Union Avenue
Maintenance District, generally described as a district generally
bounded by 20th Street on the north, lots or parcels fronting Union
Avenue on the east, Brundage Lane on the south and lots or parcels
fronting Union Avenue on the west.
Said Public Works Director's Report sets forth the
amounts to be provided in the budget for maintenance and operation,
description of the improvements to be maintained by the district,
a description of each parcel of property in the proposed
maintenance district by a description sufficient to identify the
same, and the amount of assessment to be levied for the Fiscal Year
1992-1993 against each parcel of property. Said report shall be
open to public inspection at the Office of the Director of Public
Works, 1501Truxtun Avenue, Bakersfield, California.
Any interested owner objecting to establishment of the
district or the boundaries of the district or the fairness of the
benefit formula or the amount of the assessment on any of his or
her parcel or parcels of property to be assessed, or the
reservation by the City of its right to elect to perform the work
of maintenance by City forces, may file with the City Clerk at or
before the hour fixed for hearing a protest, in writing, signed by
him/her, describing the parcel of property so that it may be
identified, and stating the grounds of his/her protest, and may
appear at said hearing and be heard in regard thereto.
Said Public Works Director's Report will be heard by the
Council at its meeting to be held on WEDNESDAY, FEBRUARY 12, 1992,
at the hour of 7:00 P.M., or as soon thereafter as may be heard, in
the regular meeting place of said Council, City Hall, Council
Chambers, 1501 Truxtun Avenue, Bakersfield, California, at which
time and place said Council will examine said Report and hear
protests, if any.
ORIGINAL
The following are descriptions of the parcels of property
subject to assessment and the amount of the proposed assessment
against said parcel of property as set forth in the report.
Assessment Parcel
as shown on Map
Exhibit "B":
No.
Total
Assessment
016-460-03-00-8
016-460-04-00-1
006-152-18-00-3
006-152-10-00-9
016-500-02-00-6
016-500-03-00-9
010-080-18-00-0
139-210-01-02-5
009-472-01-00-7
006-122-08-00-5
005-120-08-00-4
016-150-01-01-1
010-090-02-00-6
009-472-04-00-6
010-101-07-00-0
139-131-10-00-5
009-471-10-00-6
006-540-21-00-0
139-210-02-00-8
006-123-20-00-6
009-472-05-00-9
139-280-02-00-9
009-471-14-00-8
139-261-03-00-3
010-090-08-00-4
009-471-15-00-1
139-370-05-00-4
139-370-08-00-3
010-102-07-00-7
139-321-23-00-8
139-261-07-00-5
006-540-34-00-8
139-370-02-00-5
139-370-07-00-0
010-102-04-00-8
010-080-22-00-1
010-080-23-00-4
009-471-12-00-2
006-540-37-00-7
006-132-08-00-8
139-051-04-00-5
90.00
90.00
90.00
90.00
90.00
90.00
90.00
90.00
90.00
90.00
9O.00
90.00
9O.0O
90.O0
90.OO
90.00
90.00
90.00
90.00
90.00
90.00
90.00
9o.oo
90.00
90.00
90.00
9O.OO
90.00
9O.OO
90.00
90.00
90.00
90.OO
90.00
90.00
90.O0
90.O0
90.00
90.00
90.00
90.00
- 4 -
OI:II(~iNAL
Assessment Parcel
as shown on Map
Exhibit "B":
139-061-01-00-9
016-150-14-00-0
009-512-04-00-7
006-540-26-00-5
006-122-14-00-2
139-321-25-00-4
139-051-05-00-8
139-061-04-00-8
139-131-01-00-9
139-192-12-00-6
139-210-04-00-1
139-251-02-00-2
139-251-04-00-3
139-280-12-00-3
016-360-01-00-3
139-192-10-00-0
139-210-03-00-1
139-251-10-00-0
139-251-03-00-0
139-280-10-00-2
139-280-23-00-0
016-360-05-00-5
009-512-03-00-4
016-260-20-00-9
006-132-07-00-5
009-472-03-00-3
016-140-14-00-7
139-141-01-00-2
009-471-21-00-8
139-141-02-00-5
139-191-01-00-7
139-251-11-00-3
009-471-11-00-9
016-270-01-00-7
139-192-11-00-3
009-472-02-00-0
009-512-01-00-8
009-502-07-00-3
009-472-06-00-2
139-061-03-00-5
010-101-05-00-4
006-123-26-00-4
139-051-06-00-1
009-502-10-00-1
009-471-16-00-4
No.
- 5 -
Total
Assessment
90 00
90 00
90 00
90 00
9O 00
90 00
90.00
90.00
90.OO
90.00
9O.00
90.OO
90.00
90.00
90.00
90.00
90.O0
90.00
9o.oo
90.00
90.00
90.00
90.00
90.00
90.00
90.00
90.00
90.00
90.00
90.00
9O.O0
90.00
90.O0
90.00
90.00
90.00
90.00
90.00
9O.OO
90.O0
90.00
90.00
90.00
9O.OO
90.O0
ORIGINAL
Assessment Parcel No.
as shown on Map
Exhibit "B":
Total
Assessment
009-502-08-00-6
139-370-06-00-7
139-191-02-00-0
139-192-13-00-9
139-061-02-00-2
139-280-24-00-3
90.00
90.00
90.00
90.00
90.00
90.00
Total $ 8,280.00
CITY CLE~Ex OffiCio Cl-erk of the
Council of the City of Bakersfield
- 6
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
UNION AVENUE MAINTENANCE DISTRICT
Fiscal Year 1992-1993
WHEREAS, on WEDNESDAY, JANUARY 15, 1992, the Council of
the City of Bakersfield adopted its Resolution of Intention No.
1088 to order the establishment of a maintenance district pursuant
to the provisions of Chapter 13.04 of Title 13 of the Municipal
Code of the City of Bakersfield, and referred said proposal to the
Public Works Director, directing him to make and file a Report; and
Clerk of
follows:
WHEREAS, the Public Works Director filed with the City
the Council his report, in writing, which Report is as
Public Works Director's ReDort
City of Bakersfield, Union Avenue Maintenance District is
generally described as a district bounded by 20th Street on the
north, lots or parcels fronting Union Avenue on the east, Brundage
Lane on the south and lots or parcels fronting Union Avenue on the
west and as specifically shown on Map and Assessment Diagram marked
Exhibit "B," attached hereto and incorporated herein by reference
as though fully set forth, as a district within the City of
Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13
of the Municipal Code of the City of Bakersfield, referred to as
the Maintenance District Procedure, the Public Works Director makes
and files this Report and proposed assessment of and upon all
parcels of property within the district for the cost of maintaining
public street median landscaping improvements. The improvements
generally include, street median landscaping which include, but are
not limited to, plant forms, irrigation system pipes, conduits,
water mains and/or sprinkler systems, and ornamental planting,
including shrubs, ground covers and trees now existing or hereafter
to be constructed or planted in and for said maintenance district
and are of a public nature. The assessment includes the cost of
necessary repairs, replacement, water, electricity, care,
supervision and any and all other items necessary for the proper
maintenance and operation thereof, and all additions and
improvements thereto which may hereafter be made.
- 7 -
ORIGINAL
For many years, street median landscaping improvements in
the City were maintained through traditional tax revenues. After
Proposition 13, in 1978, funds available for maintenance and
operation of street landscaping improvements were substantially
reduced. At present, the City's budget does not allow for
maintenance and operation of street median landscaping improvements
of the type described above. Thus, absent funds for maintenance
and operating costs from a source other than general tax revenues,
the City does not permit new street median landscaping improvements
to be constructed within the City. The funds generated as the
result of this district will be utilized strictly for the purposes
of and applied to the maintenance and upkeep of street landscaping
improvements within the district. Union Avenue Maintenance
District has been specifically designated to address maintenance of
street median landscaping, thus all parcels fronting Union Avenue
within the district are affected.
Union Avenue Maintenance District is designated for non-
residential and commercial development. Because of the natural
boundaries of the area, the area within the district receives the
greatest benefit from the improvements and maintenance thereof.
Sensory benefits from installing street median landscaping are
aesthetic enhancement and open space enjoyment. These benefits
will accrue to all the parcels or lot owners within the proposed
Union Avenue Maintenance District.
The benefits of the street median landscaping will inure
to the lots or parcels fronting Union Avenue uniformly, and will be
assessed on an Equivalent Dwelling Unit basis throughout the
district. The Benefit Formula set forth herein as Exhibit "C" and
attached hereto and incorporated in this resolution as though fully
set forth herein.
NOW THEREFORE, I, E.W. SCHULZ, Director of Public Works
of the City of Bakersfield, by virtue of the power vested in me and
the order of the Council of said City, hereby submit the Fiscal
Year 1992-93 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property
within the Union Avenue Maintenance District, subject to be
assessed to pay the cost of maintenance and operation in said
district.
Dated
E.W. SCHULZ
Director of Public ks
City of Bakersfield
- 8 -
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on JAN 2 9 1992 , by the
following vote:
COUNCILMEMBERS: EDWARDS. OeMOND. SMITH. BRUNNI.',I~.V4~#. McDERMOTT. SALVAGGIO
COUNCILMEMBERS: ~
~NT COUN~LMEMBERS: ~r~o~ ,
~$TAIN: COUNCILMEMBERS' ~
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED JAN 2 9 $992
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
DS/ds
prelim.res
12/30/91
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
- 9 -
ORIGINAL
EXHIBIT "A"
City of Bakersfield, County of Kern, Union Avenue Maintenance
District is described as a district within both the City of
Bakersfield and the County of Kern bounded by 20th Street on the
north, on the east by the easterly property line of those lots or
parcels fronting the east right of way line of Union Avenue,
Brundage Lane on the south and on the west by the westerly property
line of those lots or parcels fronting the west right of way line
of Union Avenue.
ORIGINAL
EXHIBIT "B"
,.,AP AND ASSESSMENT DIAuRAM I
FOR
UNION AVENUE MAINTENANCE DISTRICT ~
BAKERSFIELD, CALIFORNIA .
FOR FISCAL YEAR 1991-1992 sc^m 1' = 250
B 9TH STREET
ORIGINAL
EXHIBIT "C"
UNION AVENUE MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed the sum of (1) as defined below.
(1) shall equal the dollar amount budgeted for the maintenance and operation of the
MEDIAN LANDSCAPING (M) within the district, adjusted for prior year fund balance or
deficit;
Multiplied by (a): The number of Equivalent Dwelling Units (EDU's) for
the parcel, and;
Divided by: (b): The total number of EDU's in the district.
(1) = Mxa
b
Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning
as follows:
USE EDU REMARKS
Non Residential
and Commercial
Assessment
1.00 per each fronting
parcel
1/14~2' Page 1 of 1
ORIGINAL
EXHIBIT 'D'
UNION AVENUE MAINTENANCE DISTRICT
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1992 - 1993
BUDGET
Gross Budget Amount Required
(City St~ff Services or Contract,
Supplies, Matsrials, Utilities,
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$8,280.00
0.00
$0.00
$8,280.00
ORIGINAL
F.~IIB'rT "E"
ASSESSMENT ROLL
FISCAL YEAR 1991-1992
Assessment Parcel No.
as shown on Map
Exhibit "B":
016-460-03-00-8
016-460-04-00-1
006-152-18-00-3
006-152-10-00-9
016-500-02-00-6
016-500-03-00-9
010-080-18-00-0
139-210-01-02-5
009-472-01-00-7
006-122-08-00-5
005-120-08-00-4
016-150-01-01-1
010-090-02-00-6
009-472-04-00-6
010-101-07-00-0
139-131-10-00-5
009-471-10-00-6
006-540-21-00-0
139-210-02-00-8
006-123-20-00-6
009-472-05-00-9
139-280-02-00-9
009-471-14-00-8
139-261-03-00-3
010-090-08-00-4
009-471-15-00-1
139-370-05-00-4
139-370-08-00-3
010-102-07-00-7
139-321-23-00-8
139-261-07-00-5
006-540-34-00-8
139-370-02-00-5
139-370-07-00-0
010-102-04-00-8
010-080-22-00-1
010-080-23-00-4
009-471-12-00-2
006-540-37-00-7
006-132-08-00-8
139-051-04-00-5
Total
Assessment
90.00
90.00
90.00
90.00
9O.00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
9O 00
90 00
90 00
90 00
90 00
90 00
90.00
90.00
90.00
90.00
90.00
90.00
90.0O
90.00
90.00
90.O0
90.00
90.00
90.00
ORIGINAL
Assessment Parcel No.
as shown on Map
Exhibit "B":
139-061-01-00-9
016-150-14-00-0
009-512-04-00-7
006-540-26-00-5
006-122-14-00-2
139-321-25-00-4
139-051-05-00-8
139-061-04-00-8
139-131-01-00-9
139-192-12-00-6
139-210-04-00-1
139-251-02-00-2
139-251-04-00-3
139-280-12-00-3
016-360-01-00-3
139-192-10-00-0
139-210-03-00-1
139-251-10-00-0
139-251-03-00-0
139-280-10-00-2
139-280-23-00-0
016-360-05-00-5
009-512-03-00-4
016-260-20-00-9
006-132-07-00-5
009-472-03-00-3
016-140-14-00-7
139-141-01-00-2
009-471-21-00-8
139-141-02-00-5
139-191-01-00-7
139-251-11-00-3
009-471-11-00-9
016-270-01-00-7
139-192-11-00-3
009-472-02-00-0
009-512-01-00-8
009-502-07-00-3
009-472-06-00-2
139-061-03-00-5
010-101-05-00-4
006-123-26-00-4
139-051-06-00-1
009-502-10-00-1
009-471-16-00-4
Total
Assessment
90.00
90.00
90.OO
90.00
90.00
90.00
90.O0
90.00
9O.00
90.00
90.00
9O O0
9O O0
9O O0
9O O0
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 00
90 O0
9O O0
90 00
90 00
90 O0
9O O0
90 O0
90.00
90.00
90.O0
90.00
90.00
90.00
90.00
90.O0
90,00
90.00
90.00
90.00
90.O0
90.O0
90.O0
ORIGINAL
Assessment Parcel No.
as shown on Map
Exhibit "B":
Total
Assessment
009-502-08-00-6
139-370-06-00-7
139-191-02-00-0
139-192-13-00-9
139-061-02-00-2
139-280-24-00-3
$ 90.00
$ 90.00
$ 90.00
$ 9O.00
$ 90.00
$ 9O.OO
Total
$ 8,280.00
ORIGINAL