HomeMy WebLinkAboutRES NO 88-93RESOLUTION NO. 8 S - 93
A RESOLUTION APPROVINGAND ADOfirING 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. 1,
DIVISIONS 1, 2, 4, 5 AND 6.
WHEREAS, the Report of the Public Works Director, including the 1993-94
budget for Maintenance District No. 1, Divisions 1, 2, 4, 5 and 6, 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 tl:e 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, including the
1993-94 budget for Maintenance District No. 1, Divisions 1, 2, 4, 5 and 6 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.
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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 0 9 t~10.~ . by the following vote:
A~ES: COUNCILMEMBERS: EDWARDS. ~MONO, S,M~TH. B~, KANE, ~ SALVAGGIO
NOES: COUNCILMEMBERS [~Y' ~L~WL ~ I(V~C_.O~.y' ~ O ~
ABSENT COUNCIl. MEMBERS: l~tO ~ ~_
ABSTAIN COUNCILMEMBERS' /~ O ~ ~_
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: .~}Oll I~ ~ 1~
BOB ~/~?. ~7/~,~. ~.~./~
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
A:ESTABLSH~dqNUAL1.93
OR G~N^L
PUBLIC WORKS DIRECTOR'S REPORT
City of Bakersfiel~
Fiscal Year 1993-94
City of Bakersfield Maintenance District No. 1, Divisions
1 through 6 and 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. 1, 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 and other
public street landscaping improvements. The improvements for
Divisions 1 through 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, 6
& 8 also 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.
OR)GiNAL
The improvements in this maintenance district are of a
public nature. The assessment includes the cost of necessary
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
landscaping improvements in the City
traditional tax revenues. After
medians and other street
were maintained through
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 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 public street median and other public
street landscaping improvements within the district. Maintenance
District No. 1 has been specifically designated to address
maintenance of public
landscaping improvements
affected.
The
as follows:
street median and other public street
and all parcels within the district are
family units and nonresidential development.
land uses for all Divisions within the district are
Division 1; consists of single-family homes, multi-
Division 2; consists
ORIGINAL
of single-family homes, multi-family units and nonresidential
development. Division 3; consists of single-family homes and
nonresidential development. Division 4; consists of single-family
homes, multi-family units and nonresidential development. Division
5; consists of single-family homes and multi-family development.
Division 6 and 8 consists of single family homes.
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 and
fences include some noise attenuation, esthetic enhancement, and
open space enjoyment. The benefits accrue to all the lot or parcel
owners within Maintenance District No. 1. 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.
The benefit formula for Maintenance District No. 1 is set
forth in Exhibit "C" attached hereto and incorporated herein as
though fully set forth.
During the fiscal year 1992-93, two new Divisions were
added, Division 6 and 8. Division 7 is intended to be the
California Avenue Maintenance District, however, this construction
project to add landscaping to the medians along California Avenue
was not approved by the City Council unitl May 12, 1993. The
formation of this district will be completed during the 1993-94
fiscal year. Maintenance District No. 1 Division 6 includes new
landscaping which was not existing during the 1992-93 fiscal year
and thus the assessments are higher. This district will also
maintain in Tract landscaping around existing oil well drill sites.
Maintenance District No. 1, Division 8 is a new district this year.
The density has been reduced to 3 Equivalent Dwelling Units in the
formula for undeveloped land within this district due to the
reduction in actual and proposed densities for this district.
Maintenance District No. 1 Divisions 3 and 5 have added territory
to their respective Divisions.
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. 1, subject to be
assessed to pay the cost of maintenance and operation in said
district.
Dated:
EXHIBIT "A"
City of Bakersfield Maintenance District No. 1 is generally
described as a district within the City of Bakersfield, County of
Kern, generally bounded by the City Limit on the north, Freeway 99
on the east, Stockdale Highway on the south, and the City Limit on
the west.
Division 1
A Division of Maintenance District NO. 1 within the City of
Bakersfield generally bounded by Norris Road on the north,
Fruitvale Avenue on the east, excluding all unincorporated areas
contained therein, Rosedale Highway on the south and Calloway Drive
on the west.
Division 2
A Division of Maintenance District No. 1 within the City of
Bakersfield generally bounded by Rosedale Highway on the north, the
Friant-Kern Canal on the east, the Cross Valley Canal on the south,
and Calloway Drive on the west.
Division 3
A Division of Maintenance District No. 1 within the City of
Bakersfield generally bounded by Olive Drive on the north, Oakhaven
Street on the east, Hageman Road on the south, and Fruitvale Avenue
on the west.
6
Division 4
A Division of Maintenance District No. 1 within the City of
Bakersfield generally bounded by Snow Road on the north, Calloway
Drive on the east, Hageman Road on the south and Allen Road on the
west.
Division 5
A Division of Maintenance District No. 1 within Tract 5068, Units
"A", "B" and "C" in the City of Bakersfield bounded by Hageman Road
on the north, Calloway Drive on the east, Meacham Road on the south
and City limit on the west.
Division 6
A Division of Maintenance District No. 1 within Tract 5084,
generally bounded by the north boundary of Tract 5084 on the north,
Jenkins Road on the east, Stockdale Highway on the south and Renfro
Road on the west.
Division 7
This Division
District which
fiscal year.
is reserved for the California Avenue
is scheduled to be established during
Maintenance
the 1993-94
Division 8
A Division of Maintenance District No.
north boundary of Tract
Tract 5489 on the east,
on the west.
1 generally bounded by the
5489 on the north, the east boundary of
Brimhall Road on the south and Allen Road
P: \~alndist \~d- Ix~d. rpt \93distl
8
ASSESSMENT DIAGRAM
FOFt
MAINTENANCE DISTRICT NO. 1
DIVISION 1
BAKERSFIELD, CALIFORNIA
(AMENDMENT NUMBER 1)
(2)
SE COt,
SEC 16
(52)
N
EXHIBIT
M~P AND ASSESSMENT DIAGRAM
FOR
MAINTENANCE DISTRICT NO. 1
DIVISION 2
BAKERSFIELD, CALIFORNIA
IAMENDMENT NUMBER 1)
/-SOUTH R/W LINE
ROSEDALE HIGHWAY (1%) (171 /ROSEDALE HWY
(12) (13) (1¢) "~ }) WEST R/w LINE
,~ )iL~ OF CALLOWAY CANAL
OF SEC~ON 29 ~25)
..... )~yy~.~ .........................................., ..............J,,,,,,~(,,,~ .......
~ (10) ' ~(28)
(8) < <
~U~ UNE ~ PARCEL 1
P.M. 3582 ~
~LLOWAY DR. ~ , ]
I ~, 28
(~) ~
~) 8RlYHALL ROAD '
5 ~ ~ (~e)
~. ................................ ..........~,,.,J
MAP AND ASSESSMENT DIAGRAM
MAINTENANCE DISTRICT NO. 1
Di¥iSiON 3
BAKERSFIELD, CALIFORNIA
cOtSTmCom~ ^~.~j~e~y (AMENDMENT NUMBER 1) %~: ,'-2~'
~ (,) ~ OLIVE DRIVE
CHURCH 6~ ~4 43 42 ~1 40 39 38 ~
PARCEL MAP 8549 7 ~ ~T 05)
ROAD
FOR]ION OF SEC. 13
T~9S, RZ6E
MAP AND ASSESSMENT DIAGRAM
FOR
MAINTENANCE DISTRICT NO. 1
DIVISION 4
BAKERSFIELD, CALIFORNIA
(AMENDMENT NUMBER 1)
~ ~ SNOf ~OAD
S~C, ?
T29S, R2?E
N'
SEC. 18 ~
T 29 S, I~ 27 E
MAP AND ASSESSMENT DIAGHAM
FOR
MAINTENANCE DISTRICT NO. 1
DIVISION 5
BAKERSFIELD, CALIFORNIA
(AMENDMENT NUMBER 1)
LEGEND
~-6. HAGEMAN ROAD
DAY
M,-,,* AND ASSESSMENT DIAL,, tAM
FOR
MAINTENANCE DISTRICT NO. 1
DIVISION 6
BAKERSFIELD, CALIFORNIA
5.0000'
589'35'54"W
EXHIBIT 'B'
MAF AND ASSESSMENT DIAGR,-~M
FOR
MAINTENANCE DISTRICT NO. 1
DIVISION 8
BAKERSFIELD, CALIFORNIA
TR. 5489
SEC 25, 29/26
AREA 139.41 ACRES
BRIMHALL ROAD
659 95' 659.96'
EXHIBIT
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
EXHIBIT"C"
Page 1 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) 1.0
Dwelling Unit
3.28/acre
Undeveloped R-1 zoned
5 acres or more.
(Division 4 only)
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
4.00/acre
1/acre
0.71/unit
0.71/unit
6/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall
equal the acreage
multipliedby12rounded
down to the nearest
whole number.
Rounded to nearest .01
Each calculated per
the above.
newform.1
2/17/92 EXHIBIT "C"
Page 2 of 2
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 1
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. Utilities.
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$142,805.95
$16,798.00
$o.oo
$126,oo7.9sl
EXHIBIT "D"
SHEET 1 OF 5
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 1
DIVISION 2
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,
and Overhead Costs)
Estimated Beginning Fund Balance ! (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$15,369.50
$627.00
$0.00
$14,742-501
EXHIBIT "D"
SHEET 2 OF 5
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 1
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, Utilities,
and Overhead Costs)
Estimated Beginning Fund Balance ! (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$20,569.60
$8,857.00
$0.00
I $11,712-601
EXHIBIT "D"
SHEET 3 OF 5
EXHIBIT "D"
MAINTENANCE DISTRICT NO. 1
DIVISION 5
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1993 - 1994
BUDGET
Gross Budget Amount Required
(City Staff Seroices or Contract,
Supplies, Materials, U§lities,
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$10,508.50
$2,771.00
$0.oo
I $7,737-501
EXHIBIT "D"
SHEET 4 OF 5
EXHIBIT "D"
MAINTENANCE DISTRICT NO. 1
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, Utilities.
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$21,810.95
$919.00
$20,891.95[
EXHIBIT "D"
SHEET 5 OF 5
EXHIBIT "E"
Maintenance District Assessments
on file in the City Clerks Office.