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HomeMy WebLinkAboutRES NO 96-91RESOLUTION NO. 9 6 - 9 1 A RESOLUTION PRELIMINARY ADOPTING, C(~FI~ING AND APPROVING THE PUBLIC WORKS DIRECTOR' S REPORT; APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED DISTRICT; S~,'-'~NG BOUNDARIES TTnsKEOF; THE FAII~ESS OF THE BENEFIT FORMULA; THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL AND RESERVATIO~ OF RIghT TO P~ WORK BY CITY FORCES (P. ESOLUTIO~ OF IB'£~T-O~ NO. 1082, MAIB'£~ARCE DISTRICT NO. 28, AUBURN AND EISSLER). WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on June 5, 1991, its Resolution of Intention No. 1082, declaring its intention to establish Maintenance District No. 28 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. 1082 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 Maintenance District No. 28, 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 t'he City Engineer; (c) the Benefit Formula previously set forth as Exhibit "C" to Resolution of Intention No. 1082; (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 W~EREAS, said Public Works Director's Report has been duly presented by said City Clerk for consideration and has been fully considered by the Council. NOW TE~EREFORE, 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, J%~NE 19, 1991, 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. - 2 - 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 PROPOSED MAI~'£~ANCE DISTRICT NO. 28 NOTICE IS B~K-f 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 landscaping and walls to be borne by all parcels or property within proposed Maintenance District No. 28, generally described as a district bounded by Claymore Street on the north, Piper Way on the east, Auburn Street on the south and Eissler Street 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 1991-1992 against each parcel of property. Said report shall be open to public inspection at the Office of the Director of Public Works, 1501 Truxtun 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 W~/)NEEDAY, JUNE 19, 1991, 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. - 3 - subject against Thc following are descriptions of the parcels of property to assessment and the amount of the proposed assessment said parcel of property as set forth in the report. Assessment Parcel No. as shown on Map Exhibit "B": Total Assessment 146-620-01-00-6 146-620-02-00-9 146-620-03-00-2 146-620-04-00-5 146-620-05-00-8 146-620-06-00-1 146-620-07-00-4 146-620-08-00-7 146-620-09-00-0 146-620-10-00-2 146-620-11-00-5 146-620-12-00-8 146-620-13-00-1 146-620-14-00-4 146-620-15-00-7 146-620-16-00-0 146-620-17-00-3 146-620-18-00-6 146-620-19-00-9 146-620-20-00-1 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 Total $5,384.00 DATE CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - 4 - City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAIN'£~ANCE DISTRICT NO. 28 (AUBURN AND EISSLER) Fiscal Year 1991-1992 WHEREAS, on WEDNESDAY, JUNE 19, 1991, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1082 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 Report City of Bakersfield, Maintenance District No. 28, is generally described as a district bounded by Claymore Street on the north, Piper Way on the east, Auburn Street on the south and Eissler Street on the west and 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 landscaping improvements. The improvements generally include, but are not limited to, walls, fences and street landscaping which include, but are not limited to, plant forms, irrigation system pipes, conduits, water mains and/or sprinkler systems, sidewalks, walkways and ornamental planting, including turf, shrubs, ground cover 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. - 5 - For many years, street 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 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 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. Maintenance District No. 28 has been specifically designated to address maintenance of street landscaping, thus all parcels within the district are affected. Maintenance District No. 28 contains single family homes. Because of the natu~ral boundaries of the area, the area within the district receives the greatest benefit from the improvements and maintenance thereof. Sensory benefits from installing street landscaping, walls and fences, include some noise attenuation, aesthetic enhancement and open space enjoyment. These benefits will accrue to all the parcels or lot owners within proposed Maintenance District No. 28. The benefits of the street landscaping will inure to the lots or parcels uniformly, and will be assessed on a per dwelling unit or equivalent dwelling unit basis. The Benefit Formula set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW T~REFORE, 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 1991-92 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 Maintenance District No. 28, subject to be assessed to pay the cost of maintenance and operation in said district. Dated: E w. Director of Public ~ks City of Bakersfield - 6 - I HE~RRy CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN - 5 19§! , by the following vote: AYES; COUNCILMEMBERS: EDWARDS,,DeMONO, SMITH, BRUNNI, PETERSON, NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' /,,'4:) ,~'~ C I TYC L E~E~a~' n~d~Ox/f~f i~c io C 1 Council of the City of Bakersfield APPROVED JUN - 5 1991 MAYOR of the City of Bakersfield APPROVED as to form: LAWRenCE M. LU~ARDINI CITY ATTORNEY of the City of Bakersfield RMS/meg MAIN-DIS\ MD28-PWD.RPT 5/21/91 Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" - 7 - EXHIBIT "A" BEING A PORTION OF SECTION 14, T.29 S., R.28 E., M.D.B. & M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLCWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 14, T. 29 S., R. 28 E., AS SHONN ON MAP OF TRACT 51!56 RECORDED IN BOOK 38 AT PAGE 94 IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING A POINT ON THE CENTER LINE OF AUBURN STREET, THENCE WESTERLY ALONG THE LAST NAMED CENTER LINE A DISTANCE OF 1322.06 FEET TO THE TRUE POINT OF BEGINNING. THENCE (1) S. 89© 48' 03" W., a distance of 660.90 feet; THENCE (2) N. 00© 29' 24" E., a distance of 334.99 feet; THENCE (3) N. 89© 48' 03" E., a distance of 661.00 feet; THENCE (4) S. 00© 30' 30" W., a distance of 334.99 feet, to the point of beginning. Page 1 of 1 EXHIBIT A 33:MD.28 JS/lh MAF '~ND ASSESSMENT DIAGF M FOR MAINTENANCE DISTRICT NO. 28 BAKERSFIELD, CALIFORNIA FOR F~SCAL YEAR 1991 - 1992 SCALE: EXHIBIT "B" EXHIBIT B MAINTENANGE DISTRIGT NO. 28 GITY OF BAKERSFIELD BENEFIT FORMULA Each residential parcel shall be assessed the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING and WALLS (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): Divided by (b): The number of EDU's for the parcel, and; The total number of EDU's in the district. S x a b Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Single Family (Detached) Dwelling Unit 1.0 DISTFORM. 28 5-2-91 EXHIBIT C EXHIBIT 'D~ MAINTENANCE DISTRICT NO. 28 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1991 -1992 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials, Utilities, end Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $5,384.00 0.00 0.00 I $5,384.00 j Note: Fiscal Year 1989-90 Delinquencies for This District, Based Upon Information Obtained From The Kern County Tax Collector's Office, on May 6, 1991 were: I $ol EXHIBIT D ASSESSMENT ROLL FISCAL YEAR 1991 1992 Assessment Parcel No. as shown on Map Exhibit "B": 146-620-01-00-6 146-620-02-00-9 146-620-03-00-2 146-620-04-00-5 146-620-05-00-8 146-620-06-00-1 146-620-07-00-4 146-620-08-00-7 146-620-09-00-0 146-620-10-00-2 146-620-11-00-5 146-620-12-00-8 146-620-13-00-1 146-620-14-00-4 146-620-15-00-7 146-620-16-00-0 146-620-17-00-3 146-620-18-00-6 146-620-19-00-9 146-620-20-00-1 Total Total Assessment $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $269.20 $5,384.00 JS/meg MAIN-DIS\ MD28-EXE 5/21/91 Page 1 of 1 EXHIBIT E