HomeMy WebLinkAboutRES NO 92-93RESOLUTION NO.'" 9 2 - 9 3
A RESOLUTION APPROVING AND ADOPTING THE 1993-94
BUDGET AND PUBLIC WORKS DIRECTOR'S REPORT
LEVYING ASSESSMENTS AND AUTHORIZING
COLLECTION OF ASSESSMENTS BY THE KERN COUNTY
TAX COLLECTOR FOR MAINTENANCE DISTRICT NO. 5,
DIVISIONS 1 AND 2.
WHEREAS, the Report of the Public Works Director, including the 1993-94
budget for Maintenance District No. 5, Divisions 1 and 2, complying with the provisions of
Section 13.04.130 of the Bakersfield Municipal Code, having heretofore been filed with the
City Clerk as required by Section 13.04.130 of that Code, and the requirements of Section
13.04.140 and 13.04.160 having been met, the City Council has this date held a noticed
public hearing as required by Sections 13.04.210 and 13.04.220 of the Bakersfield Municipal
Code; and
WHEREAS, the City Council has considered the Report of the Public Works
Director, including the aforementioned budget, and has consideredhind heard any and all
protests which may have been filed against the amounts of the as/se~sments or to the fairness
of the benefit formula or formulae. J~
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The above recitals are found to be true and correct.
2. The Report of the Public Works Director, attached hereto, including the
1993-94 budget for Maintenance District No. 5, Divisions i and 2 and the assessments
therein contained, is hereby approved, such budget is hereby adopted and such assessments
are hereby levied.
3. The reservation of the right to perform maintenance work by City forces
or by private contractor is hereby made.
4. The City Clerk shah transmit the assessments levied herein to the Director
of Public Works with instructions to submit said list to the Kern County Auditor-Controller
and Tax Collector, and such other County officers as may be required, for placement of
such assessments on the secured roll of the County and request that said assessments be
collected in the same manner as ad valorem property taxes.
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 .'JUN
, by the following vote:
AYES: COUNCILMEMBERS: EDWAROS, OeMOND, SMITH, Bi~INNf. KANE, ~ SALVAGGIO
NOES: COUNCILMEMBERS
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JUN {~ ~, '~5~%
MAYOR of the City of Bakersfield
OVED as to forra:
CITY ATI~ORNEY of the City of Bakersfield
ORiGiNAL
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 5
City of Bakersfield
Fiscal Year 1993-94
City of Bakersfield Maintenance District NO. 5, Divisions
1, 2 and 3 are generally described in Exhibit "A" and are
specifically as shown on the Map and Assessment Diagram under
Exhibit "B", attached hereto and incorporated herein by reference
as though fully set forth, for the various areas of benefit within
Maintenance District No. 5, 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 Divisions of the district for the
cost of maintaining and operating a public park, public street
medians and other public street landscaping improvements. The
improvements for Divisions 1, 2 and 3 generally include, but are
not limited to: Public Street LandscaDing ImDrovements consisting
of; turf, plant forms, shrubs, ground cover, trees, irrigation
systems, conduits, water mains and/or sprinkler systems. Division
1 and 3 also includes Public Street Median ImDrovements consisting
of; plant forms, irrigation systems, conduits, water mains and/or
sprinkler systems and ornamental planting, including turf, shrubs,
ground covers, and trees. Division 2 and 3 also includes Public
turf, plants, shrubs, trees,
Park Improvements which consist of;
1
ORIGINAL
irrigation system,
play equipment, picnic tables,
and security lighting.
The improvements in
public nature. The assessment
repairs, replacements,
supervision and any and
conduits, water mains and/or sprinkler systems,
drinking fountains, barbecue pits,
this maintenance district
includes the cost of
are of a
necessary
water, equipment, electricity, care,
all other items necessary for the proper
maintenance and operation thereof.
For many years, parks, street median and other street
landscaping improvements in the City were maintained through
traditional tax revenues. After Proposition 13, in 1978, funds
available for maintenance and operation of local public
improvements were substantially reduced. At present the City's
budget does not allow for maintenance and operation of local public
improvements of the type described above. Thus, absent funds for
maintenance and operating costs from a source other than general
tax revenues, the City does not permit new parks, public street
median or other public street landscaping improvements to be
constructed within the City. The funds generated as the result of
this district are utilized strictly for the purposes of and applied
to the maintenance and upkeep of a public park, public street
median and other public street landscaping improvements within the
district. Maintenance District No. 5 has been specifically
designated to address park maintenance and operation, and
maintenance of public street median and other public street
ORIGINAL
landscaping improvements and all parcels within the district are
affected.
The land uses for all Divisions within the district are
as follows: Division 1; consists of single-family homes, multi-
family units and nonresidential development. Division 2; consists
of single-family homes, mobile homes, multi-family units and
nonresidential development. Division 3; consists of single-family
homes and nonresidential development.
The area within the boundaries of each Division receives
the greatest benefit from the improvements and maintenance thereof.
Sensory benefits from installing street landscaping, walls, fences
and parks, include some noise attenuation, esthetic enhancement,
open space enjoyment and recreation. The benefits accrue to all
the lot or parcel owners within Maintenance District No. 5. The
benefits of the street landscaping, inure to all lots or parcels
uniformly, and are assessed on a per dwelling unit or Equivalent
Dwelling Unit basis. Park use and enjoyment is likely to be most
directly susceptible of enjoyment by each resident. These benefits
are, therefore, uniformly assessed on a dwelling unit or Equivalent
Dwelling Unit basis. No assessment for park benefits are made on
the nonresidential lots and/or parcels in the district.
The benefit formula for Maintenance District No. 5 is set
forth in Exhibit "C'~ attached hereto and incorporated herein as
though fully set forth.
One new Division has been added to the District during
the 1992-93 fiscal year.
NOW, THEREFORE, I, ED W. SCHULZ, 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 Fiscal
Year 1993-94 Budget as set forth in Exhibit "D" and Assessment Roll
as set forth in Exhibit "E", attached hereto and incorporated
herein as though fully set forth, upon all parcels of property
within all Divisions of Maintenance District No. 5, subject to be
assessed to pay the cost of maintenance and operation in said
district.
Dated:
EXHIBIT "A"
City of Bakersfield Maintenance District No. 5 is
described as a district within the City of Bakersfield,
Kern, generally bounded by Brundage Lane on the north,
Limit on the east,
the west.
generally
County of
the City
the City Limit on the south, and Freeway 99 on
Division 1
A Division of Maintenance District No. 5 within the City of
Bakersfield generally bounded by White Lane on the North, South "H"
Street on the east, Pacheco Road on the south, and Hughes Lane on
the west.
Division 2
A Division of Maintenance District No. 5 within the City of
Bakersfield generally bounded by a PG&E tower line/greenbelt 600
feet north of Pacheco Road on the north, Union Avenue on the east,
the Arvin-Edison Canal on the south and South "H" Street on the
west.
Division 3
A Division of Maintenance District No. 5 within the City of
Bakersfield generally bounded by Berkshire Road on the north, City
limit on the east, Hosking Avenue on the south and south "H" Street
on the west.
P: \$aindist \md- pwd. rpt \ 93dist5
6
MAP AND ASSESSMENT DIA,,~RAM
FOR
MAINTENANCE DISTRICT NO. 5
DIVISION 1
t3AKERSFIELD, CALIFORNIA
(AMENDMENT NUMBER 1)
PARCEL 1
PARCEL 5
II %
II
'C_ RACHECO ROAD
DAY
EXHIBIT 'B'
(5)
(7)
MAINTENANCE DISTRICT NO. 5
DIVISION 2
BAKERSFIELD, CALIFORNIA
(AMENDMENT NUMJ3ER 1)
AND ASSESSMENT DIAC ,AM FOR
SCALE: 1'= 500
~ PACHECO ROAD
FAIRVIEW ROAD
NE COR SEC 19
POB.
T 305 R. 28E
(4)
PANAMA LANE
~: (3)
SE COR SEC lB
GAlE S. ENSTAD
EXHIBIT 'B"
MAINTENANCE DISTRICT NO.
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed at the following rates:
For each assessable non residential parcel the assessment
shall be the sum of (1) and (2) as defined below.
For each assessable residential parcel the assessment shall be
the sum of (1), (2), and (3) as defined below.
(1) shall equal the dollar amount budgeted for the maintenance and
operation of the MEDIAN LANDSCAPING (M) 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;
Divided by: (b): The total number of EDU's in the district.
(1) = M x a
b
(2) shall equal the dollar amount budgeted for the maintenance and
operation of the STREET LANDSCAPING and WALLS (S) within the
district, adjusted for prior year fund balance or deficit;
Multiplied by (a):
Divided by (b):
NOTE: (2) shall equal
undeveloped church parcel.
The number of EDU's for the parcel, and;
The total number of EDU's in the district.
(2) = S X a b
zero dollars for any developed or
(3) shall be the dollar amount budgeted for the maintenance and
operation of the PARKS (P) within the district, adjusted for prior
year fund balance or deficit;
Multiplied by (a): The number of EDU's for the parcel, and;
Divided by (b): The total number of EDU's in the district.
(3) = P x a
b
EXHIBIT "C"
Page 1 of 2
Note: In Maintenance District 5, Division 3, only those parcels
within recently developed subdivisions will be assessed for medians
and street landscaping. Park assessments will be assessed to ALL
parcels within the District when a park is developed.
Equivalent Dwelling Units (EDU's) shall be calculated by use or
potential use per zoning as follows:
USE EDU REMARKS
Single Family (Detached)
Dwelling Unit
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
or with 1 single family
residence, less than 5
acres.
Multi-Family (Attached)
Dwelling Unit R-2, R-3
Undeveloped R-2, R-3
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Non Residential
(including Churches)
Mixed Use
1.0
4/acre
1 / acre
0.71/unit
0.71/unit
0.71/unit
1.00/unit
6/acre
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall
equal the acreage
multipliedby12 rounded
down to the nearest
whole number.
Rounded to nearest .01
Each calculated per
the above.
newform.5
2/17/92 EXHIBIT "C"
Page 2 of 2
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 5
DIVISION I
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1993 - 1994
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract.
Supplies. Materials. Ut[l~es.
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$6.307.95
($95e.oo)
$o.oo
EXHIBIT "D"
SHEET 1 OF 2
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 5
DIVISION 2
SAID ASSESSMENT IS MADE IN ACCORD,N~CE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1993 - 1994
BUDGET
Gross Budget Amount Required
(City Staff Service~ or Contract,
Supplies. Materials, Utilities,
end Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$51,208.40
$1,982.00
$12,415.59
$36,810.811
EXHIBIT "D"
SHEET 2 OF 2
,EXHIBIT "E"
Maintenance District Assessments
on file in the City Clerks Office.