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HomeMy WebLinkAboutRES NO 91-93RESOLUTION NO. ~' 9 1 - 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. 4, DMSIONS 1 THROUGH 8. WHEREAS, the Report of the Public Works Director, including the 1993-94 budget for Maintenance District No. 4, Divisions 1 through 8, 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 considered and heard any and all protests which may have been filed against the amounts of the assessments or to the fairness of the benefit formula or formulae. 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, ~ncluding the 1993-94 budget for Maintenance District No. 4, Divisions 1 through 8 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 shall 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 , by the following vote: AYES: C,O~ILMgMBERS: EDWARDS, _DeMOND, SMITH, B~I~I, KANE, Me~I[~d~3T SALVAGGIO AN~i$: COUNCILMEMBERS ~31"bi. lr',d'~.~ ~'~c...~P.~'-,/Y~n BSENT COUNCILMEMBERS: ABSTAIN COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED' J~)~i~ ~3 BOB p~C~E ~ J~'~;~'~ MAYOR of the City of Bakersfield APPROVED as to form: CITY ATI~ORNEY of the City of Bakersfield A:ESTABLS HkANNUAIA.93 5-21-93 ORIG~!AL PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 4 City Of Bakersfield Fiscal Year 1993-94 City of Bakersfield Maintenance District No. 4, Divisions 1 through 8 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. 4, 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 public street medians, public earth embankment slope landscaping and other public street landscaping improvements. The improvements for Divisions 1, 3, 4, 5, 6 and 8, generally include, but are not limited to: Public Street Landscaping Improvements consisting of; turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains and/or sprinkler systems. Divisions 1, 3 & 7 include Public Street Median Improvements consisting of; plant forms, irrigation systems, conduits, water mains and/or sprinkler systems and ornamental planting, including turf, shrubs, ground covers, and trees. Earth Embankment Landscaping Division 2 includes Public 1 ORIGINAL Improvements consisting of; plant forms, native grasses, and ground covers. The improvements in this maintenance district are of a nature. The assessment includes the cost of necessary slopes or embankments, public repairs, replacements, water, equipment, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof. For many years, public 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 public earth embankment slope landscaping, 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 earth embankment slope, public street median and other public street landscaping improvements within the district. Maintenance District No. 4 has been specifically designated to address slope maintenance and operation, and maintenance of public street median and other public street landscaping improvements and all parcels within the district are affected. 2 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. development. Division Division 5; consists of Division 3; consists of nonresidential 4; consists of single-family homes. single-family homes and mobile homes. Division 6; consists of single-family homes. of nonresidential development. Division family homes and multi-family development. Division 7; consists 8 consists of single The area within the boundaries of each Division receives the greatest benefit from the improvements and maintenance thereof. Sensory benefits from installing slope landscaping, street landscaping, walls and fences include some noise attenuation and esthetic enhancement. The benefits accrue to all the lot or parcel owners within Maintenance District No. 4. 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. Earth Embankment Slope Landscaping is of benefit by each resident within Division 2. These benefits are, therefore, uniformly assessed on a dwelling unit or Equivalent Dwelling Unit basis. The benefit formula for Maintenance District No. 4 is set forth in Exhibit "C" attached hereto and incorporated herein as though fully set forth. 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. 4, subject to be assessed to pay the cost of maintenance and operation in said district. Dated: ED W. SCHULZ PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD 4 EX}{IBI? "A" City of Bakersfield Maintenance District No. 4 is generally described as a district within the City of Bakersfield, County of Kern, generally bounded by the City Limit on the north, the City Limit on the east, Brundage Lane on the south, and Freeway 99 on the west. Division 1 A Division of Maintenance District No. 4 within the City of Bakersfield generally bounded by State Route 178 on the north, Morning Drive on the east, College Avenue on the south and Fairfax Road (including those parcels adjacent to and on both sides of Fairfax Road) on the west. Division 2 A Division of Maintenance District No. 4 within the City of Bakersfield generally described as consisting of Tract 4487, portions of Tract 3933, Unit A and Unit B, generally bounded by Dorset Drive on the north, Fairfax Road on the east and lying northeasterly of Panorama Drive. Division 3 A Division of Maintenance District No. 4 within the City of Bakersfield generally bounded by State Route 178 on the north, Oswell Street on the east, Bernard Street on the south, and Mount Vernon Avenue on the west. 5 Division 4 A Division of Maintenance District No. 4 within the City of Bakersfield generally located within the west 1/2 of Section 16, T29S, R29E, excepting the north 1320 feet and the south 1320 feet therefrom; the area is also generally easterly of Masterson Street and northerly of State Route 178. Division 5 A Division Bakersfield Sterling Road on the Street on the west. of Maintenance District No. 4 within the City of generally bounded by Virginia Avenue on the north, east, Dee Avenue on the south and Oswell Division $ A Division of Maintenance District No. 4 within the City of Bakersfield generally bounded by Claymore Street on the north, Piper Way on the east, Auburn Street on the south and Eissler Street on the west. Division 7 A Division of Maintenance District No. 4 within the City of Bakersfield generally bounded by 20th Street on the north, lots or parcels fronting Union Avenue on the east, Brundage Lane on the south and lots or parcels fronting Union Avenue on the west. Division 8 A Division of Maintenance District No. 4 within the City of Bakersfield generally bounded by Potomac Avenue on the north, Lakeview Avenue on the east, Ralston Street on the south and Robinson Street on the west. 7 M, 'AND ASSESSMENT DIA(. FOR .AM MAINTENANCE DISTRICT NO. 4 DIVISION 1 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) (1)~ tJ2/J:r (7) (3) (2) EXHIBIT MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 4 DIVISION 2 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) DORSET ~ PLA VADA DRIVE MEADOW VISTA COURT PANORAMA DRIVE LEGEND: SLOPE EXHIBIT "B' MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 4 DIVISION 3 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) I SCALE: I"- 200' H~GHWA"( ~78 IPARC<L 1 PARCEL 2 PARCEL 8 PARCEL PARCEL 3 PARCEL 6 PARCEL 7 BY j CE BERNARD STREET ,.-' M = AND ASSESSMENT DIA( tAM FOR MAINTENANCE DISTRICT NO. 4 DIVISION 4 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) -- NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST 1/4 OF SEC, 16 (2) PARCEL 2 PARCEL PARCEL 4 PARCEL (3) ~ EXHIBIT MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 4 DIVISION 5 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1} k ~- I DISTRICT ~2 I ~--'~_ ALLOWAY LANE ~ ~z MAGIC AVENUE ~-~ OSWELL ~ARK DRIVE DEACON AVE. BOUNDARY DISTRICT BOUNDARY EXHIBIT 'b' MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 4 DIVISION 6 BAKERSFIELD, CALIFORNIA '~AMENDMENT NUME~ER 1) ~ ~J INA COURT AUBURN AVENUE GALE S. FNSTAD EXHIBIT "B' 3RD STREET MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 4 DIVISION 7 BAKERSFIELD, CALIFORhTIA GALE $. ENSTAD EXHIBIT 'B" MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 4 DIVISION 8 BAKERSFIt~LD, CALIFORNIA L~)j~ GORRILL STREET '" ~ .~ ~ 76 75 74 73 72 71 70 69 68 67 66 65 64 63 62 61 59 ~'"/) EXHIBIT 'B' MAINTENANCE DISTRICT NO. CITY OF EAK~RSFIELD BENEFIT FORMULA 4 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 SLOPES as defined below. (1) shall equal the dollar amount budgeted for the maintenance and oDeration of the MEDIAN LANDSCAPING (M) within the district, adjusted for Drior 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 oDeratlon of the STREET LANDSCAPING and WALLS (S) within the district, adjusted for Drior 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. (2) = S x a b NOTE: (2) shall e~ual zero dollars for any developed or undeveloped church parcel. Each Darcel shall be assessed the dollar amount budgeted for the maintenance and operation of the SLOPES (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; Divided by: (b): The total number of EDU's in the district. S X a EXHIBIT "C" b Page I of 2 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 Non Residential (including Churches) Mixed Use 1.0 4/acre i/acre 0.71/unit 0.71/unit 6/acre Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multiplied by12 rounded down to the nearest whole number. Rounded to nearest .01 Each calculated per the above. newform.4 2/17/92 EXHIBIT "C" Page 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 4 DIVISION I SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1993- 1994 BUDGET Gross Budget Amount Required (Ci~ Staff Ser~ces or Contract, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance ! (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $18,629.45 $2,120.00 $0.00 $16,509.45 EXHIBIT "D" SHEET 1 OF 8 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 4 DIVISION 2 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO, 1993 - 1994 BUDGET Gross Budget Amount Required (City Staff Ser~ces o~ Co~tract, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $3,340.55 $352.00 $0.oo $2,g88.$5l EXHIBIT "D" SHEET 2 OF 8 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 4 DIVISION 3 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO, 1993 - 1994 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Shpplies, Me~erieis, Utilities, and Overhead Co~ts) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $9,588.45 ($183.00) $o.oo $9,771.451 EXHIBIT "D" SHEET 3 OF 8 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 4 DIVISION 4 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, Ufilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 $o.oo{ EXHIBIT "D" SHEET 4 OF 8 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 4 DIVISION 5 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, Materiels, Utilities, end Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $548.25 $315.00 $0.00 $233.251 EXHIBIT "D" SHEET 5 OF 8 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 4 DIVISION 6 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. Util~es, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $4,814.00 $5,081.00 $0.00 ($267.001 EXHIBIT "D" SHEET 6 OF 8 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 4 DIVISION 7 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. Utilities. end Overhead Costs) Estimated Beginning Fund Balance ! (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $3,733.00 $5,259.00 $0.00 ($1 EXHIBIT "D" SHEET 7 OF 8 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 4 DIVISION 8 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, Ufil'r~os, end Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $327.97 $0.00 $0.00 $327.971 EXHIBIT "D" SHEET 8 OF 8 EXHIBIT "E" Maintenance District Assessments on file in the City Clerks Office.