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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. .......... 000 .......... .......... 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 ~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.