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"