HomeMy WebLinkAboutRES NO 192-95RESOLUTION NO. I 9 2 - 9 5
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. 1-11 (INTERIM), CONFIRMING THE
ASSESSMENT AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR
(JEWETTA/BIRCHAVEN)
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1140, adopted Novemberg 29, 1995, declared its
intention to order the establishment of a maintenance district, preliminarily adopted,
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. 1-11, as shown and
designated on that certain map entitled Map and Assessment Diagram for Maintenance
District No. 1-11, City of Bakersfield, California, for Fiscal Year 1995-1996 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 of Bakersfield has received a letter from the sole
property owner within Maintenance District No. 1-11 which waives all rights to a public
hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code
and Chapter 13.04 of the Bakersfield Municipal Code; 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. 1-11, will be interim districts and all such districts will
be merged into the Consolidated Maintenance District at the end of each fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
1. The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby establishes Maintenance District No. 1-11, and
confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit 1 and
incorporated herein 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. 1-11.
4. The assessment for Maintenance District No. 1-11, shall be the total sum
of $0.00 for the 1995-96 fiscal year. The benefit formula (Exhibit "C") budget for
Maintenance District No. 1-11 (Exhibit "D"), and assessment roll for Maintenance District
No. 1-ll (Exhibit "E") are attached hereto and incorporated herein by reference.
5. The Kern County Tax Collector is hereby authorized to collect assessments
for Maintenance District 1-11 as an interim district and when it is merged with the
Consolidated Maintenance District.
6. Beginning in the 1996-97 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
DI:C 1 $ 1~5 , by the following vote:
ER DeMOND,C/~, SM TH, lal~ERlil{~, I~}~, SULLIVAN, SALVAGGIO
AYES: COUNCILMEM8 ~
NOES: COUNCILMEMBER ~..C~ C~.y-C,~ I.k~.p~'~"-, '~ ~.'0[~
ABSTAIN: COUNCILMEMBER ~' \ C) ~'~ J~
AI~,ENT; COUNGILMEMBER ~'~"~ -~ J
a,,CITY CLERK and Ex Ofificio Clerk of the
Council of the City of Bakersfield
APPROVED: DEC 1 :l 1885
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
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 1-11 (INTERIM)
Fiscal Year 1995-1996
WHEREAS, on WEDNESDAY, November 29, 1995, the Council of
the City of Bakersfield adopted its Resolution of Intention No.
1140 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
Clerk of
follows:
WHEREAS, the Public Works Director filed with the City
the Council his report, in writing, which Report is as
Public Works Director's Report
City of Bakersfield, Maintenance District No. 1-11
(Interim), is generally described as a district bounded by a line
1/Sth of a mile south of Palm Avenue on the north, a line 1/4 mile
east of Jewetta Avenue on the east, a line 990 feet north of
Brimhall Road on the south and Jewetta Avenue 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
and operating public street median and other public street
landscaping improvements. The improvements generally include, but
are not limited to, turf, plant forms, shrubs, ground cover, trees,
lighting, irrigation systems, electrical conduits, wiring, timers,
walls and sidewalks. 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.
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,
EXHIBIT
-1-
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. 1-11 (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 1995-96 fiscal year this interim district will be merged
into the Consolidated Maintenance District established by the City
Council on June 29, 1994. The district will be assigned an
appropriate tier in the Consolidated Maintenance District so that
each parcel will be assessed the same amount as other parcels
receiving a similar benefit.
All parcels within this district will have a zero
assessment for the 1995-96 fiscal year. When merged into the
Consolidated Maintenance District, it is expected to be placed in
tier 1. The estimated maximum cost for residential development is
$100.00 per Equivalent Dwelling Unit based on full build out of the
benefit area at existing zoning, using 1995 dollars and 1995 Parks
Department maintenance and overhead costs.
The district will consist of residential development,
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, RAIFLM. 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 1995-96 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 Maintenance District No. 1-!1 (Interim), subject to be
assessed to pay the cost of maintenance and operation in said
district.
RAIFL M. ROJ~
Director of Public Works
City of Bakersfield
-3-
~JklNT~N~,NCE DISTRICT 1-11
LE~,AL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of
Kern, State of California, being a portion of Section 30, T 29 S,
R 27 E, M.D.B. & M., and more particularly described as follows:
Commencing at the west quarter corner of said Section 30, said
point also being the intersection of centerlines of Palm
Avenue and Jewetta Avenue, thence South 00° 48' 20" West,
along the centerline of Jewetta Avenue, a distance of 659.94
feet to the northwest corner of Tract 5334, recorded August
24, 1995 in Book 42, Page 22 of maps in the office of the Kern
County Recorder, and the TRUE POINT OF BEGINNING;
THENCE (1) South 89° 09' 57" East, along the north line of
said Tract 5334, a distance of 655.90 feet, to the northeast
corner of said Tract;
THENCE (2) South 00° 50' 11" West, along the east line of said
Tract a distance of 660.13 feet, to the southeast corner of
said Tract;
THENCE (3) South 89° 08' 56" East, a distance of 523.61 feet;
THENCE (4) South 00° 52' 02" West, a distance of 330.14 feet;
THENCE (5) North 89° 08' 25' West, a distance of 914.57 feet;
THENCE (6) North 00° 52' 02" East, a distance of 330.00 feet,
to intersect the south line of said Tract 5334;
THENCE (7) North 89° 08' 56" West, along said south line, a
distance of 264.57 feet to the southwest corner of said Tract
5334, also being the centerline of Jewetta Avenue;
THENCE (8) North 00° 48' 20" East, along the centerline of
Jewetta Avenue, a distance of 659.95 feet to the northwest
corner of said Tract 5334 and the TRUE POINT OF BEGINNING.
EXHIBIT
MAINTENANCE DISTRICT NO. 1-11 ~
(IN'rERIM) .
BAKERSFIELD, CALIF-OF~NIA ~,,~ ,--,00.
~ 1/4 COR SEC. 50, 29/27
S 89'09'57~ ~_ 655.90'
TRACT! NO.
I I
I -. I
BI.~ C,~I V~'N
264.57'
z
tO 9 8
A V~NUE
?
264.21'
. ~ DIS3T~ICT BOUNDARY
N E. COR, OF THE SW
523 61'
$.W, COR. SEC. 50, 29/27
S.E. COR. OF THE S.W.
CF --E S.W. 1//+ OF SEC 50, 29/27
MAINTENA~CE DISTRICT 1-11 (INTERIM)
BENEF~ FOItMULA
Each parcel in the Street Landscaping Zone of Benefit shall be
assessed the amount as defined in (1) below:
(1) shall equal the dollar amount budgeted for the maintenance
and operation of the STREET LANDSCAPING (S) within the
district, adjusted for prior year fund balance or deficit;
Multiplied by (a): The number of Equivalent Dwelling Units
(EDU's) for the parcel, and;
Multiplied by (t): The factor for the tier level, which
equals the tier number, and;
Divided by (b): The total number of EDU's in the
district.
(1) = S x a x t
b
EXHIBIT "C"
Page i of 2
EOU'rVALENT DWELLING UNTT (EDU) CHART
Equivalent Dwelling Units (EDU's) shall be calculated by use or
potential use per zoning as follows:
USE EDU REMARKS
Agricultural Zone
t.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0 Per parcel
Undeveloped R-1 zoned
5 acres or more.
4/acre
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Rounded down to the
nearest whole number.
Multi-Family (Attached)
Dwelling Unit R-2, R-3
0.71/unit
Undeveloped R-2, R-3
0.71/unit
Number of units shall
equal the acreage
multiplied by 12
rounded down to the
nearest whole number.
Non Residential
6/acre
Rounded to nearest .01
Mobile Homes in parks
(Rent Space)
0.71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per
the above.
U: JOHN ~ MAIND IST \ FORHULA ~ t~l - 11
EXHXBXT "C"
Page 2 of 2
EXHIBIT "D"
MAINTENANCE DISTRICT NO. 1 - 11
(INTERIM)
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1995- 1996
BUDGET
Gross Budget Amount Required
(City Staff Serwce~ or Con=act.
Supplie~. Mets~ds. UtJt'F~es.
and Ove~hee= Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$o,oo,
P:\MAI NO IS~EX HI BIT$\Id~ 1 - 11 D .WK1
JAS
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. 1 -tl
(INTERIM)
FISCAL YEAR 1995 - 1996
Assessment Parcel No.
as shown on Map Total
Exhibit "B' Assessment
110-120-06-00-5
110-120-36-00-2
110-130-02-00-6
$0.00
$0.00
$o.oo
Total $0.00
Date: /,.2/~ 7/9 5~'
~.~City Clerk and Ex O~cio Cl{t/k of the
Council of the City of Bakeinfield
EXHIBIT "E"
Page1