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HomeMy WebLinkAboutRES NO 51-81RESOLUTION NO. 51-81 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 FOPd~..ULA; THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL AND THE RESERVATION OF RIGHT TO PERFOrm. WORK BY CITY FORCES. WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on the 1st day of Ju'ly, 1981, its Resolution No. 50.--81 ,. declaring its intention to establish Maintenance District No. I and to assess the cost of maintaining certain local improvements upon the real property within said district, in accordance with Chapter 18.04 of Title 18 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Council in and by said Resolution No. 5~-81 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 speci- fied in Section 18.04.130 and 18.04.140 of said Chapter 18.04 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, in- cluding the following: (a) a budget containing the matters specified in Section 18.04.130 of the Bakersfield Municipal Code; (b) the benefit formula previously set forth as Exhibit "B" to Resolution No. 50-81; (c) a description of each parcel of property in the proposed maintenance district; and (d) th~ amount of assessment to be levied against each parcel; and 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, APPROPRIATIONS LIMIT FISCAL YEAR 1981-82 1981-82 Appropriations Limit Base Year 1980-81 Appropriation Limit Cost-of-Living and Population Factors Allowed for FY 1980-81 1) 1980 California Per Capita Income Change Ratio. (9.12%) 2) 1980 Population Change Ratio (4.02%) Appropriations'Limit for 1981,82 $28,837,625 1.0912 31,467,616 1.0402 32,732,614 1981-82 Appropriations Subject to Limitation Total City Appropriation 1980-81 Less: 1) Non-Proceeds of Taxes 2) Debt Service 3) Unfunded Pension Liability Payments 1981-82 Appropriations Subject to Limitation 1981-82 Appropriations Under Limitation 40,940,135 (10,102,900) (1,361,335) (1,023,585) 28,452,315 $ 4,280,299 NOW, THEREFORE, BE IT RESOLVED and directed as follows: 1. Said Director's Report, including the budget, benefit formula, descriptions of property, proposed assessment against each parcel in said district, is hereby preliminarily adopted, confirmed and approved. 2. Wednesday, the 5th day of Augus~ 1981, at 8:00 o'clock p.m., or as soon thereafter as may be, 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, California, 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. 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 18.04.150 through 18.04,170 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: -2- CITY OF BAKERSFIELD NOTICE OF HEARING ON F E PROPOSED .D~INTENAJCj DISTRICT NO. 1 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 landscaping and irrigation systems to be borne by all parcels or property within proposed. Maintenance District No. 1, generally extending west from the east curb line of the median strip of Gosford Road to the eastern boundary of the Arvin Edison Canal and the area extending south from the south curb line of Stockdale Highway to the centerline_of'Ming Avenue. Said Director's Report sets forth the amounts to be pro- vided in the budget for maintenance and operation, 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 1981-1982..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, describ- ing the parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear ~t s~%d..hearing a~ld 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 5th day of AUqust, 1981, at the hour of 8:00 o'clock p.m., or as soon thereafter as may be, in the regular meeting place of said Council, Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, at which time and place said Council will examine said Report and hear protests, if any. 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 No. AssessOr's.' Parcel No. -~ Total!'Assessment 1 357-010-20 $ 9,622.00 2 357-010-04 139.00 3 357-010-06 139.00 $ 9,900.00 Dated: July 1, 1981 '~' ~~d Ci it .. f k -4- 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 1st day of July. 1981, by the following vote: CIT Ex ~Officio Clerk of the Council of the City of Bakersfield APPROVED ~S'~ lte~-~oY~: , 1981 Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTEN qCE DISTRICT NO. 1 AI City of Bakersfield Fiscal Year 1981-1982 WHEREAS, on the 1st day of July, 1981, the Council of the City of Bakersfield adopted its Resolution of Intention (Resolution No. 50--81 ) to order the establishment of a maintenance ~istrict pursuant to the provisions of Chapter 18.04 of Title 18 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. 1 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 eastern boundary of the Arvin Edison Canal and the area extending south from the south curb line of Stockdale Highway to the centerline of_Mi~g Avenue... Pursuant to the provisions of Chapter 18.04 of Title 18 of the Municipal Code of the City of Bakersfield, referred to as the Bakersfield Maintenance District Procedure, the Director of Public Works ~ak~s an~ files ~his' 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, including street landscaping which include, but are not limi'hed to, plant forms, drainage facilities, irrigation systems and equipment, holes, posts, wires, pipes, conduits, water mains and/or sprinkler systems and ornamental planting, including turf, lawns, shrubs, 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, improvements and enlargements thereto which may hereafter be made. The areas to the north and east of proposed Maintenance District No. 1 are fully developed and street landscaping in those areas is completed and maintained through this Department's budget expenditures. After Proposition 13, funds available for street landscaping and other maintenance are substantially reduced. Absent.funding from another source, it is not probable that median strip landscaping would be permitted in the area.encompassed by Maintenance District No. 1. Other publicly maintained land- scaping in such district would'include only low-maintenance plantings which are not necessarily optimal for noise screening and light-heat regulation. The proposed district is designated for medium density de- velopment. It is traversed by a single major arterial, Gosford Road. Because of the natural boundaries 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. Benefits in installing more permfssive or varied street landscaping, including heat regulation, some noise attenuation and/or esthetic enhancement will accrue to the parcel owners within proposed Maintenance District No. 1. In addition, the parcel owners will receive the benefit of increases in the market value of their parcels. The benefit of increased land value will inure to the parcels uniformly, and can be assessed at a uniform acreage rate. The esthetic and, to some extent, noise reduction and heat/light regula- tion Will benefit all of the district and are most susceptible of -2- enjoyment by each resident. These benefits are, therefore, to be uniformly assessed on the basis of each residential unit. In the 1981-1982 fiscal year no residential units are in existence in the proposed district; therefore, the benefit will be assessed on the permissible units until such time as the actual units are built. 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. 1, subject to be assessed to pay the cost of maintenance and operation in said District for the fiscal year 1981-1982.' Said assessment is made in accordance with the benefit formula attached hereto. 1981 - 1982 BUDGET Sources of Funds Beginning Fund Balance Gross Amount Required . Amount of Contribution by City Amount of Advances by City Net Balance, to be Assessed Use of Funds City Staff Services Supplies, Materials, Utilities Estimated Maintenance Cost Total $ 0.00 9,900.00 0.00 0.00 $ 9,900.00 Total $ 7,920.00 1,980.00 9,900.00 ASSESSMENT ROLL FISCAL YEAR 1981 - 1982 Assessment Assessor's Assessable No. Parcel No. Acres 1 357-010-20 132.68 2 357-010-04 1.92 3 357-010-06 1.92 Dated: Permissible No. of Units 1592 23 23 Total Assessment $ 9,622.00 139.00 139.00 $ 9,900.00 July 1 ~ 19~1 IRECTOR OF ~RKS ~C~'ty of Bakersfield -3- MAINTENANCE DISTRICT NO. 1 CITY OF BAKERSFIELD BENEFIT FORMULA The various lots and parcels within the district shall be assessed at the following rate: For each assessable 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) multiplied by (b) and divided by (c) One half 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, the number of assessable acres*, or portion thereof, in the lot or parcel the number of assessable acres* in the district. "B" shall equal the.dollar amount determined by (d) multiplied by (e) (i) One half 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, and divided by (f) the number of dwelling units permitted to be constructed (even if not constructed) on the lot or parcel pursuant to the City of Bakers- field State College Area General Plan** or (e)(ii) in the case of a lot or parcel for which a final subdivision map, indicating the actual number of dwelling units to be constructed on the. lot orparcel, has been approved by the City and filed in the County Recorder's office or for which the actual number of 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 pro- vided 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 dwelling units permitted to be constructed on the lot or parcel pursuant to said approval the number of dwelling units permitted to be constructed in the district.*** A B a x b d x e(i) + c f Or B d x e(ii) Assessment for each -lot or-parcel ATTACHMENT Page 1 of 2 ** TIle number of assessable acres shall be determined by subtracting from the total acreage in the district, the acreage of public streets and other government--o%vned land within the district. The number of 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 number of dwelling units permitted to be constructed in the district shall be deemed to be the numeral 12 multiplied by the number of assessable acres in the district, except that if the number of dwelling units permitted on a lot or parcel is varied pursuant to Paragraph (e)(ii), then the number of dwelling units permitted~='to'b e constructed in the district shall be deemed to be the sum of the number of dwelling units determAned for any such lots or parcels pursuant to Paragraph (e)(ii) and the product of the remaining acreage in the district not affected by a de'termina- tion-pursuant to Paragraph (e)(ii) multiplied by the numeral 12. ATTACHMENT