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:
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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
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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
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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
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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