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HomeMy WebLinkAboutRES NO 11-83 RESOLUTION NO. 11-83 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS DIRECTOR'S REPORT; APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED DISTRICT; 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. 965 - MAINTENANCE DISTRICT NO. 3). WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on the 19th day of January, 1983, its Resolution of Intention No. 965, declaring its intention to establish Maintenance District No. 3 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 Bakersfleld; and WHEREAS, said Council in and by said Resolution of Intention No. 965 referred said proposed district and assessment to the Director of Public Works, City of Bakersfield, and directed said Director to make and file with the Clerk a Report containing the matters specified in Section 13.04.130 and 13.140 of said Chapter 13.04 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Director has on this date filed with the Clerk of said Council his Report in writing containing said matters, including the following: (a) a budget containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; (b) the benefit formula previously set forth as Exhibit "B" to Resolution of Intention No. (c) a description of maintenance district; and and 965; each parcel of property in the proposed (d) the amount of assessment to be levied against each parcel; (e) the improvements to be maintained by this district specifi- cally are all the items included in the Landscape Plans For White Lane From Gosford Road to Old River Road, Landscape Plans For Campus Park North and Landscape Plans For Campus Park South which have been submitted to the Office of the City Engineer. WHEREAS, said Director's Report has been duly presented by said Clerk to the City Council for consideration and has been fully considered by the Council, NOW, THEREFORE, BE IT RESOLVED and directed as follows: 1. Said Director's Report, including the analysis, findings, and conclusions set forth herein, 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 pre- liminarily adopted, confirmed and approved. 2. Wednesday, the 9th day of February, 1983, at 7 o'clock 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; 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 Clerk at 1501 Truxtun Avenue, Bakersfield, Calif- ornia, at or before said time set for hearing; and said Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for said hearing shall present to the Council all such protests filed with said Clerk. hearing Sections 13.04.150 through 13.04.170 of the Bakersfield Municipal Code, notice to be completed not less than ten (10) days prior to such hearing. form of notice shall be substantially as follows: 3. The City Clerk is hereby further directed to cause notice of said to be published, posted and mailed in the manner prescribed by said The -2- CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. 3 NOTICE IS HEREBY GIVEN that the Director of Public Works 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 and parkway landscaping, walls, signs and parks to be borne by all parcels or property within proposed Maintenance District No. 3, extending west from the east curb line of the median strip of Gosford Road to the west curb line of of the median strip of Old River Road and the area extending north from the Southern Pacific Railroad right of way north to the centerline of White Lane. Said Director's Report sets forth the amounts to be provided in the budget for maintenance and operation, descriptions 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 1983 - 1984 against each parcel of property. Said report shall be open to public inspection at the Public Works Director's office, 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 Director's Report will be heard by the Council at its meeting to be held on Wednesday, on the 9th day of February, 1983, at the hour of 7 o'clock p.m., or as soon thereafter as may be heard, in the regular meeting -3- place of said Council, Council Chambers, Bakersfield, California, at which time and said Report and hear protests, if any. The following are descriptions of the parcels assessment and the amount of the proposed assessment property as set forth in the report. Assessment Assessor's No. Parcel No. 1 PTN 357-030-19 City Hall, 1501 Truxtun Avenue, place said Council will examine of property subject to against said parcel of Total Assessment 0.00 Dated: January 19, 1983 PHILIP KELMAR City Clerk, City of Bakersfield 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 the 19th day of January, 1983 by the following vote: AYe= COUNCILMEN: ~J~"'T,~N~, CNRIST~NSEN, MEANS, PAYNS, RATTY, ROCKOI~, ~'T~ ABSTAINING= CO'UNC~EN: ~ ~ CITY O the Council of the City of Bakersfield AP~R%I-~of JanUary , 19 83 M~ ~ th ' ' ' APPROVED as to form: Bakers field -4- PUBLIC WORKS DIRECTORvS RzpomB3 MAINTENANCE DISTRICT NO. 3 City of Bakersfield Fiscal Year 1983 - ].984 CITY OLF_R~ WHEREAS, on the 19th day of January, 1983, the Council of the City of Bakersfield adopted its Resolution of Intention No. 965 to order the estab- lishment 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 WHEREAS, the Director of Public Works filed with the Clerk of the Council his Report in writing, which Report is as follows: PUBLIC WORKS DIRECTOR'S REPORT City of Bakersfield, Maintenance District No. 3 is generally described as a district within the City of Bakersfield, extending west from the east curb line of the median strip of Gosford Road to the west curb line of the median strip of Old River Road and the area extending north from the Southern Pacific Railroad right of way north to the centerline of White Lane. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Munici- pal Code of the City of Bakersfield, referred to as the Bakersfield Main- tenance District Procedure, the Director of Public Works makes and files this Report and proposed assessment of and upon all parcels of property within the district to be assessed for the cost of maintaining and operating local public improvements, which are now contemplated or are in various planning stages and some of which may be constructed or installed within, and would then be maintained and operated by, the district. The improvements to be maintained by this district specifically are all the items included in the Landscape Plans For White Lane From Gosford Road to Old River Road, Landscape Plans For Campus Park North and Landscape Plans For Campus Park South which have been submitted to the Office of the City Engineer. The improvements generally include parks, street and parkway landscaping, signs and sign posts, walls and fences which include, but are not limited to, plant forms, drainage facili- ties, irrigation systems and equipment, restrooms, drinking fountains, barbecues and storage buildings, and plumbing and fixtures therefor, recrea- tion equipment, including swings, slides, play structures, etc., and picnic facilities, including tables, barbecues, trash cans, fountains, benches and tennis courts with coin operated lights, sidewalks, walkways, parking areas, poles, posts, wires, pipes, conduits, water mains and/or sprinkler systems and ornamental planting, including turf, lawns, shrubs, hedges, ground cover, and trees now existing or hereafter to be constructed, laid or planted in and for said maintenance district and of special benefit to the territory within the district and of a public nature, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions, hereafter be made. In most of the City, through this Department~s budget available for street landscaping, tially reduced. At present the improvements and enlargements thereto which may street landscaping and parks are maintained expenditures. After Proposition 13, funds parks and other maintenance were substan- Department's budget will not accommodate maintenance of new improvements of the type described above and proposed for newly development areas within the City. Thus, absent funds for maintenance costs from a source other than general tax revenues, the City will not accept or permit parks or median strip or other landscaping or signs or walls to be placed in the City-owned lands in the area included within this proposed Maintenance District. The funds generated as the result of the establishment of the proposed district will be utilized strictly for the purposes of and applied to the maintenance and upkeep of improvements within the district. Such funds will not supplant any City general fund expenditure, either present or future. The establishment of the proposed district has been specifically requested by the present owner and developer of all property located within the district, in order that funding for the maintenance and upkeep of ameni- ties specially designed to enhance the living environment of future residents therein be established as an integral part of the development process. The proposed district is designated for low/medium/high density residential development, and for commercial development. Because of the natural bounda- ries of the area occasioned in part by the character and timing of surrounding development, the area within the proposed district will receive the greatest benefit from the contemplated improvements and maintenance thereof. Sensory benefits from installing street landscaping, signs, walls, fences, and parks, including heat regulation, some noise attenuation and/or esthetic enhancement will accrue to the commercial owners and/or users and residents within proposed Maintenance District No. 3.. In addition, the parcel owners will directly receive the benefit of increases in the market value of their lots or parcels. Open space and recreation use and enjoyments will be of benefit primarily to the residents of the district. The benefit of increased market value, particularly from walls and street landscaping, will inure to the lots or parcels uniformly, and will be assessed at a uniform acreage rate. The sensory benefits from walls and street landscaping will similarly benefit all of the district, and will also be assessed at a uniform acreage rate. Park use and enjoyment is likely to be most directly susceptible of enjoyment by each resident. These benefits are, therefore, to be assessed on the basis of numbers of residents per lot or parcel. No assessment for these benefits will be made on the commercial lots and/or parcels in the district. It would be impracticable to base the assessment on the actual number of residents in the district in any fiscal year. Instead, the 1980 census figures for detached and attached dwellings, taken from the census tract in -3- in the southwest portion of Bakersfield, tract 18, 28.01, 28.02, 28.03, and 28.04, have been used to determine the average number of residents in detached and attached dwelling units. From those averages, the number of residents presumed for each detached dwelling is 3.24; the number of residents presumed for each attached dwelling is 2. There are no residential units in existence in the proposed district at present. Until such time as residential units are built or permitted, benefits will be assessed on the varieties and numbers of units that are permissable, pursuant to the current zoning and general plan designations. The commercial properties will also benefit from some of the improve- ments most measurably through increased patronage, thus increased market value. The degree of benefit is likely to be uniform throughout the com- mercial areas. Thus the commercial lots and parcels will be on an acreage basis at a uniform rate throughout the District. The benefit formula is set forth in the attachment hereto. NOW, THEREFORE, I, Dale Hawley, Public Works Director 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 following budget and assessment upon all parcels of property within Maintenance District No. 3, subject to be assessed to pay the cost of maintenance and operation in said District for the fiscal year 1983 -1984. -4- Said assessment is made in accordance with the benefit formula attached hereto. 1983 - 1984 BUDGET Source of Funds Beginning Fund Balance Gross Amount Required Amount of Contribution by City Amount of Advances by City Net Balance, to be Assessed Total 0.00 0.00 0.00 0.00 0.00 0.00 Use of Funds City Staff Services Supplies, Materials, Utilities Estimated Maintenance Cost Total 0.00 0.00 0.00 0.00 ASSESSMENT ROLL FISCAL YEAR 1983 - 1984 Assessment Assessor's Total No. Parcel No. Assessment 1 PTN 357-030-19 0.00 Dated: -5- MAINTENANCE DISTRICT NO. 3 CITY OF BAKERSFIELD BENEFIT FORMULA The various lots and parcels within the district shall be assessed at the following rates: For each assessable commercial parcel the assessment shall be an amount equal to "A" as defined below. For each assessable residential lot or parcel the assessment shall be the sum of "A" and "B," as defined below. "A" shall equal the dollar amount determined by: (a) A portion of the total number of dollars budgeted by the district for maintenance and operation of the assessment district for the year in which the assessment is levied equal to the dollar amount allocated to maintenance and operation for that year of any and all improvements in the district except parks and except any improvements in or on any parks or incident thereto, multiplied by: (b) the number of assessable acres*, or portion thereof, in the lot or parcel; and divided by: (c) the number of assessable acres* in the district. "B" shall equal the dollar amount determined by: the sum of The total number of dollars budgeted by the district for main- tenance and operation of parks (including any improvements therein and/or incident thereto) in the assessment district for the year in which the assessment is levied (and this sum shall equal the remainder of funds budgeted by the district for a year after subtraction of the sum described in (a) above for that year), multiplied by the numerals 3.24, and multiplied by: (e)(i), the number of detached dwelling units permitted to be constructed (even if not constructed)on the lot or parcel pursuant to the then currently effective zoning and/or City of Bakersfield State College Area General Plan as amended,** or multiplied by: ATTACHMENT Page 1 of 3 (e)(ii), in the case of a lot or parcel for which a building permit or permits indicating the actual number of detached dwelling units to be constructed on the lot or parcel has been issued by the City, or for which the actual number of detached dwelling units to be constructed on the lot or parcel has been otherwise approved by the City, and evidence thereof has been filed in the County Recorder's office, and provided that said approvals and filings occurred before the date set for the annual hearing on the assess- ment district before the City Council, the number of detached dwelling units permitted to be constructed on the lot or parcel, pursuant to said approval; and (d) The total number of dollars budgeted by the district for main- tenance and operation of parks (including any improvements therein and/or incident thereto) in the assessment district for the year in which the assessment is levied (and this sum shall equal the remainder of funds budgeted by the district for a year after subtraction of the sum described in a) above for that year), multiplied by the numeral 2, and multiplied by: (f)(i), the number of attached dwelling units permitted to be constructed (even if not constructed) on the lot or parcel pursuant to the then currently effective zoning and/or City of Bakersfield State College Area General Plan as amended, *** or multiplied by: (f)(ii), in the case of a lot or parcel for which a building permit or permits indicating the actual number of attached dwelling units to be constructed on the lot or parcel has been issued by the City, or for which the actual number of attached dwelling units to be constructed on the lot or parcel has been otherwise approved by the City, and evidence thereof has been filed in the County Recorder's office, and provided that said approvals and filings occurred before the date set for the annual hearing on the assessment district before the City Council, the number of attached dwelling units permitted to be constructed on the lot or parcel, pursuant to said approval; divided by the sum of: (g), the number of detached dwelling structed in the district ****, multiplied by the numeral 3.24; units permitted to be con- and Page 2 of 3 (h), the number of attached dwelling structed in the district, multiplied by the numeral 2. units permitted to be con- OR A axb C A axb C B d (3.24 x e(i)) + d (2 x f(i)) (g x 3.24) + (h x 2) B d (3.24 x e(ii)) + d (2 x f(ii)) = Assessment for each (g x 3.24) + (h x 2) residential lot or parcel A axb C = Assessment for each commercial lot or parcel ** *** The number of assessable acres shall be determined by subtracting from the total acreage in the district or parcel or lot, the acreage of public streets, and other government owned land within the district or parcel or lot. Detached dwelling units (those dwelling units not joined to any others by any common walls) are deemed permissible in areas zoned R-1. The number of detached dwelling units permitted to be constructed on a lot or parcel shall be deemed to be the numeral 4 multiplied by the number of assessable acres, or portion thereof, in the parcel or lot, rounded off to the nearest whole number. Attached dwelling units (those joined to another by one or more common walls) are deemed permissible in areas zoned R-2 or R-3 and in areas not yet zoned. The number of attached dwelling units permitted to be constructed on a lot or parcel shall be deemed to be the numeral 12 multiplied by the number of assessable acres, or portion thereof, in the parcel or lot, rounded off to the nearest whole number. The numbers of attached and detached dwelling units permitted to be constructed in the district shall be deemed to be the sum of each such type of units permitted to be constructed on all lots or parcels within the district, except that if the number of detached or attached dwelling units permitted on a lot or parcel is varied pursuant to Paragraphs (e) (ii) or (f) (ii), then the number of dwelling units permitted to be constructed in the district shall be deemed to be the sum of the number of dwelling units determined for any such lots or parcels pursuant to Paragraphs (e)(ii) and (f)(ii) and the remaining numbers of dwelling units determined as in ** and *** above. Page 3 of 3