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HomeMy WebLinkAboutRES NO 56-95RESOLUTION NO. 56-95 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 2-15 (INTERIM) WITH STOCKDALE ESTATES AND QUAILWOOD EXCLUDED, CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (STOCKDALE AND COFFEE/GOSFORD). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1133, adopted January 25, 1995, declared its intention to order the establishment of a maintenance district, confirmed and approved the Public Works Director's Report, the boundaries of the proposed district, 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 or private contractor. Said District shall be designated Maintenance District No. 2-15, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 2-15, City of Bakersfield, California, for Fiscal Year 1994-1995 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City Council formed the Consolidated Maintenance District on June 29, 1994, and the procedure is that all new districts formed during the fiscal year, including Maintenance District No. 2-15, will be interim districts and all such districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. WHEREAS, said City Council by Resolution of Intention No. 1133, preliminarily adopted, continned and approved the Public Works Director's Report and fixed WEDNESDAY, FEBRUARY 8, 1995 at 7:00 P.M., as the time to hear public testimony regarding the formation of the proposed district and also set WEDNESDAY, MARCH 22, 1995 AT 7:00 p.m., or as soon thereafter as may be heard, at the Council Chambers of the City Council, City Hall, Bakersfield, California, as the time and place for hearing protests or objections to the proposed district and assessment, and provided for Notice of said hearing in accordance with law; and WHEREAS, the City Clerk has filed in her office affidavits setting forth the compliance with the requirements of Section 13.04.150 through 11.04.170 of the Bakersfield Municipal Code for publishing, posting and mailing notices of the hearing on proposed Maintenance District No. 2-15; and said City Council hereby finds that said notice has been given in the manner required by law; and WHEREAS, said hearing was duly held by said City Council at said time and place for the hearing of all protests to said proposed district and assessment; and WHEREAS, any written protests filed with the Clerk at or before the time set for said hearing were considered by said Council; and WHEREAS, the Council amended the boundaries of Maintenance district No. 2-15 (Interim) by excluding territory originally included in Resolution of Intention No. 1133. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: reference. 1. The foregoing recitals are true and correct and incorporated herein by 2. The Council hereby establishes Maintenance District No. 2-15, and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit 1 and incorporated herin by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A" and "B" attached hereto and incorporated herein by reference describe Maintenance District No. 2-15. 4. The assessment for Maintenance District No. 2-15, shall be the total sum of $0.00 for the 1994-1995 fiscal year. The benefit formula (Exhibit "C") budget for Maintenance District No. 2-15 (Exhibit "D"), and assessment roll for Maintenance District No. 2-15 (Exhibit "E") are attached hereto and incorporated herein by reference. 5. The Kern County Tax Collector is hereby authorized to collect such assessments when this district is merged with the Consolidated Maintenance District. 6. Beginning in the 1995-96 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. .......... 000 .......... 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 I~AR Z 2 ~3~by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, C~OW, SALVAC:GIO NOES: COUNCILMEMBER ~ 5~%J~ ABSTAIN: COUNCILMEMBER k3Q¥~ ABSENT: COUNCILMEMBER RO ChAir_ APPROVED: MAR ~ 2 ~5 CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" City of Bakersfield ~4ENDED PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 2-15 (INTERIM) Fiscal Year 1994-1995 WHEREAS, on WEDNESDAY, JANUARY 25, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1133 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 WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows: Public Works Director's Report City of Bakersfield, Maintenance District No. 2-15 (Interim), is generally described as a district generally bounded by Truxtun Avenue and the Kern River on the north, Deseret Way and the east boundary of Parcel Map 5700 on the east, Camino Media on the south and the west boundary of California State University Bakersfield 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 and other public street landscaping improvements. The improvements generally include, but are not limited to, plant forms, irrigation system pipes, conduits, water mains and/or sprinkler systems, sidewalks, walkways, 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. -1- For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other 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, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Maintenance District No. 2-15 (Interim), is being established as an interim maintenance district for the maintenance of public street median and other street landscaping. At the end of the 1994-95 fiscal year this interim district will be merged into the Consolidated Maintenance District established by the City Council on June 29, 1994. All parcels within this district will have a zero assessment for the 1994-95 fiscal year. When merged into the Consolidated Maintenance District in 1995-96 each parcel within the district will be assessed at a flat rate of $12 per equivalent dwelling unit. In 1996-97 the district will be placed in the appropriate tier so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. When merged into the Consolidated Maintenance District, it is ultimately expected to be placed in tier 1. The estimated maximum cost for residential and non residential development is $100.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1994 dollars and 1994 Parks Department maintenance and overhead costs. The district will consist of residential and non residential use, thus all parcels within the district will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- NOW THEREFORE, I, ~AULM. ROJAS, 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 1994-95 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 Maintenance District No. 2-15 (Interim), subject to be assessed to pay the cost of maintenance and operation in said district. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield MAINTENANCE DISTRICT NO. (INTERIM) LEGAL DESCRIPTION 2-15 BEING PORTIONS OF SECTIONS 32 and 33, T. 29 S., R. 27 E., and SECTION 5, T. 30 S., R. 27 E., M.D.B. & M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 5, T. 30 S., R. 27 E.; THENCE (1) Westerly along the north line of said section 5, to intersect the west right-of-way line of the Arvin- Edison Canal; THENCE (2) THENCE (3) THENCE (4) THENCE (5) THENCE (6) THENCE (7) THENCE (8) Southerly along various courses of said west right-of- way line of the Arvin-Edison Canal, also being the easterly boundary of California State University Bakersfield to intersect the centerline of Camino Media; Westerly along the centerline of Camino Media to intersect the west line of said section 5, also being the westerly boundary of California State University Bakersfield; Northerly along the west line of said section 5 to the northwest corner of section 5; N. 00°43'19" E., along the west line of section 32, T. 29 S., R. 27 E., a distance of 498.91 feet as shown on Exhibit "A", parcel 5 of Quitclaim Deed from Tenneco West, Inc., and Tenneco Realty Development Corporation recorded June 6, 1977 in Book 5032, Page 456, O.R.; Along the boundary of said parcel 5 N. 82053'49" E., a distance of 825.09 feet; S. 82°00'13" E., a distance of 156.84 feet; S. 71030'07" E., a distance of 742.55 feet to the beginning of a 154.77 foot radius, nontangent curve, concave easterly, a redial line from said point to the center of said curve bears S. 78°16'39" E. as described in the description in the Corporation Grant Deed from Castle and Cooke Development Corporation, recorded November 4, 1991 in Book 6590, Page 1134, O.R.; EXHIBIT "A" Page I of 3 THENCE (9) THENCE (10 THENCE (11 THENCE (12 THENCE (13 THENCE (14 THENCE 15) THENCE 16) THENCE 17) THENCE 18) THENCE 19) THENCE (20) THENCE (21) Southerly along said curve through a central angle of 43057'07" an arc distance of 118.72 feet; S. 00054'36" W., a distance of 156.27 feet; S. 45054'36" w., a distance of 28.28 feet to intersect the north right-of-way line of Stockdale Highway; East along said north right-of-way line to the intersection of the south right-of-way line of the River Canal; Easterly through various courses along said south right-of-way line to intersect the westerly right-of- way line of the Arvin-Edison Canal; Southerly through various courses along said westerly right-of-way line to intersect the north right-of-way line of Stockdale Highway; Easterly along said right-of-way to intersect the easterly right-of-way line of the Arvin-Edison Canal; Northeasterly along said easterly right-of-way line through various courses to intersect the west right- of-way line of Coffee Road; Northerly through various courses along said west right-of-way line to intersect the westerly prolongation of the south right-of-way line of Truxtun Avenue; Easterly along the south right-of-way line of Truxtun Avenue and the westerly prolongation thereof to intersect the westerly right-of-way line of the Arvin- Edison Intake Canal; Southwesterly along the westerly right-of-way line of the Arvin-Edison Intake Canal to the east right-of-way line of Coffee Road; Southerly along the east right-of-way line of Coffee Road to the easterly right-of-way line of the Arvin- Edison Canal; Northeasterly along the easterly right-of-way line of said Arvin-Edison Canal to the north corner of Parcel "A" of Parcel Map 5197; EXHIBIT "A" Page 2 of 3 THENCE (22) THENCE (23) THENCE (23) THENCE (23) THENCE (24) Southeasterly along the northeast line of said Parcel "A" to intersect the westerly right-of-way line of Deseret Way; Southeasterly along said westerly right-of-way and the southeasterly prolongation thereof to intersect the southerly right-of-way line of Westfield Road; Easterly along said southerly right-of-way to the northeast corner of Parcel "A" 'of Parcel Map 5700; Southerly along the east line of said Parcel A and prolongation thereof to the south line of section 33, T. 29 S., R. 27 E.; Westerly along said south line to the southwest corner of said section 33, also being the northeast corner of said section 5 and the true point of beginning. EXHIBIT "A" Page 3 of 3 LEGAL \ LEG12 - 15. REV ,iAP AND ASSESSMENT D,...]RAM FOR MAINTENANCE DISTRICT NO. 2-15 (INTERIM) ,,', ,,4~/ ' CALIFORNIA STA~ ~,i UNI~RSlTY - BAKERSFIELD CAMINC MEDIA ROAD EXHIBIT 'B" I~INTENANCE DISTRICT 2-15 (INTERIm) CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the district shall be assessed the amount as defined below: The dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING ($) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of Equivalent Dwelling (EDU's) for the parcel, and; Multiplied by (t): Divided by (b): The total district. Units The factor for the tier level, which equals the tier number, and; number of EDU's in the $ x a x t b EOUIVALENT DWELLING UNIT (EDUI CHART Equivalent Dwelling Units (EDU's) shall potential use per zoning as follows: USE EDU Agricultural Zone 1.0 Single Family (Detached) 1.0 Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre 5 acres or more. Undeveloped R-1 zoned, 1/acre less than 5 acres. be calculated by use REMARKS Per parcel Per parcel or Rounded down to the nearest whole number. Rounded down to the nearest whole number. EXHIBIT "C" Page I of 2 Multi-Family (Attached) Dwelling Unit R-2, R-3 Undeveloped R-2, R-3 Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use California State University 0.71/unit 0.71/unit 6/acre 0.71/unit 1/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. See above Rounded to nearest .01 Each calculated per the above. CSUB will pay for the maintenance of the south half of the median along their frontage by separate agreement. EXHIBIT "C" Page 2 of 2 EXHIBIT "D" MAINTENANCE DISTRICT NO. 2-15 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO, 1994 - 1995 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 2-15 (INTERIM) FISCAL YEAR 1994 - 1995 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 390-010-16-00-4 501-020-07-00-9 501-020-09-00-5 501-020-11-00-0 502-020-02-00-1 502-020-05-00-0 502-020-17-00-5 502-020-18-00-8 Total Date: $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield Page 1 EXHIBIT "E"