HomeMy WebLinkAboutRES NO 188-92RESOLUTION NO. 188-92
A RESOLUTION PRELIMINARY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT; SETTING THE BOUNDARIES OF THE PROPOSED
DISTRICT; THE FAIRNESS OF THE BENEFIT FORMULA;
THE AMOUNT OF ASSESSM]~NT TO BE LEVIED AGAINST
EACH PARCEL AND THE RESERVATION OF RIGHT TO
PERFORM WORK BY CITY FORCES (RESOLUTION OF
INTENTION NO. 1098, MAINTENANCE DISTRICT NO. 4
DIVISION 8). (GOBRILL STREET).
WHEREAS, the Council of the City of Bakersfield, State
of California, heretofore adopted on September 30, 1992, its
Resolution of Intention No. 1098, declaring its intention to
establish Maintenance District No. 4, Division 8, to set the time
and place for hearing protests to the proposed district and to
assess the cost of maintaining certain local improvements upon the
real property within said district, in accordance with Chapter
13.04 of Title 13 of the Municipal Code of the City of Bakersfield;
and
WHEREAS, said Council in and by said Resolution of
Intention No. 1098 referred said proposed district and assessment
to the Public Works Director, City of Bakersfield, and directed
said Public Works Director to annually prepare and file with the
Clerk, a Report containing the matters specified in Section
13.04.130 and 13.04.140 of said Chapter 13.04 of the Municipal Code
of the City of Bakersfield; and
WHEREAS, said Public Works Director has on this date
filed with the Clerk of said Council his Report, in writing,
containing said matters, including the following:
(a)
a description of each parcel of property in the
proposed maintenance district, attached hereto as
Exhibit "A" and incorporated as though fully set
forth;
(b)
the improvements to be maintained by this district
specifically are various items included in
Landscape Plans within the boundaries as shown on
Map and Assessment Diagram for Maintenance District
No. 4, Division 8, Exhibit "B," on file in the
offices of the City Clerk and Public Works Director
of the City. All such improvements will be
constructed only after plans therefore have been
filed with and approved by the City Engineer;
(c) the Benefit Formula previously set forth as Exhibit
"C" to Resolution of Intention No. 1098;
ORIGINAL
(d)
a Budget, Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield
Municipal Code; and
(e)
the amount of assessment to be levied against each
parcel, attached hereto as Exhibit "E" and
incorporated as though fully set forth; and
WI~EREAS, said Public Works
duly presented by said City Clerk for
fully considered by the Council.
Director's Report has been
consideration and has been
NOW THEREFORE, BE I~ RESOLVED and directed as follows:
1. Said Public Works Director's Report, including the
analysis, findings and conclusions set forth therein, the budget,
benefit formula, descriptions of property, descriptions of the
improvements to be maintained by the district, proposed assessment
against each parcel in said district, is hereby preliminarily
adopted, confirmed and approved.
- 2
ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 4, DIVISION 8.
Fiscal Year 1993-1994
WHEREAS, on WEDNESDAY, SEPTEMBER 30, 1992, the Council
of the City of Bakersfield adopted its Resolution of Intention No.
1098 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
the Council his report, in
Director filed with the City
writing, which Report is as
Public Works Director's Report
City of Bakersfield, Maintenance District No. 4, Division
8, is generally described as a district bounded by Potomac Avenue
on the north, Lakeview Avenue on the east, Ralston Street on the
south and Robinson Street 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
division 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 district for the cost of public
street landscaping improvements. The improvements generally
include, but are not limited to, tree forms, irrigation system
pipes, conduits, water mains and/or sprinkler systems. The
improvements for said maintenance district are of a public nature.
The assessment includes the cost of necessary repairs, replacement,
water, 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 street landscaping improvements in
the City were maintained through traditional tax revenues. After
Proposition 13, in 1978, funds available for maintenance and
ORIGINAL
operation of public landscaping improvements were substantially
reduced. At present, the City's budget does not allow for
maintenance and operation of public landscaping 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 landscaping improvements to be
constructed within the City. The funds generated as the result of
this district will be utilized strictly for the purposes of and
applied to the maintenance and upkeep of street landscaping
improvements within the division. Maintenance District No. 4,
Division 8, has been specifically designated to address maintenance
of public landscaping improvements, thus all parcels within the
district are affected.
Maintenance District No. 4, Division 8, is designated for
single family, multi family homes and some non residential
development. Because of the natural boundaries of the division,
the area within the division receives the greatest benefit from the
improvements and maintenance thereof. Sensory benefits from
installing public street landscaping is aesthetic enhancement.
This benefit will accrue to all the parcels or lot owners within
the proposed Maintenance District No. 4, Division 8.
The benefits of public street landscaping improvements
will inure to the lots or parcels uniformly, and will be assessed
on an Equivalent Dwelling Unit basis throughout the district. The
Benefit Formula set forth herein as Exhibit "C" and attached hereto
and incorporated in this resolution as though fully set forth
herein.
ORI~N4,L ~
NOW THEREFORE, I, E.W. SCHULZ, 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 1993-94 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 the Maintenance District No. 4, Division 8, subject to be
assessed to pay the cost of maintenance and operation in said
district.
Dated:
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 SEP 30~992 by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS, DeMONO. SMITH. 8RUNNI. P~L~, McDERMOI'I', SALVAGGIO
NOES; COUNCILMEMBERS:
A~ENT COUNCILMEMBERS:
ABSTAIN: COUN~ILMEMBER~'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED _~EP 301992
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE INI
CITY ATTORNEY of the City of
DS/ds
prelim.res
8/19/92
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Bakersfield
OR Gh'%' L
MAINTENANCE DISTRICT NO. 4 DIVISION 8
LEGAL DESCRIPTION
Being a portion of Section 32, T. 29., R. 28., M.D.B. & M., in the
City of Bakersfield, County of Kern, State of California, described
as follows:
Commencing at the North sixteenth corner of Section 32 and 33,
T.29, R.28, as shown on map of Tract 1232 recorded in Map Book 5 at
page 76 in the Office of the Kern County Recorder; said corner also
being the intersection of Lakeview Avenue and Potomac Avenue,
thence South 00'06'30" west, A distance of 164.691 feet to the true
point of beginning.
THENCE {1)
Avenue, a distance
THENCE (2)
THENCE (3)
THENCE (4)
South 00'06'30" west, along the centerline of Lakeview
164.69 feet;
South 89°42'14" west, a distance of
North 00'06'28" east, a distance of
North 89'43'54" east, a distance of
989.83 feet;
330.46 feet;
989.83 feet;
a:md4-8
JS:wrn
EXHIBIT A
AMENDED ASSESSMENT DIAGRAM
FOR
MAINTENANCE DISTRICT NO. 4
DIVISION 8
BAKERSFIELD, CALIFORNIA
O0 :
0
~ POTOMIC AVENUE
GORRILL STREET
72 71 70 6 8 6 6 5 64 65
MAINTENANCE DISTRICT BOUNDARY
EXHIBIT 'B"
ORI~Ii, IAL
MAINTENANCE DISTRICT NO. 4, DIVISION 8
CITY OF BAKERSFIELD
Each parcel shall be assessed at the following rates:
The dollar amount budgeted for the maintenance and oDeration of
the STREET LANDSCAPING (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.
b
NOTE: The assessment shall e~ual zero dollars for any developed or
undeveloped church parcel.
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
Multi-Family (Attached)
Dwelling Unit R-2, R-3
Undeveloped R-2, R-3
Non Residential
0.71/unit
0.71/unit
6/acre
Number of units shall
equal the acreage
multiplied by12 rounded
down to the nearest
wholenumber. (1.0min.)
Rounded to nearest .01
md4.8
9/11/92
EXHIBIT "C"
EXHIBIT "D"
MAINTENANCE DISTRICT NO. 4
DIVISION 8
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATI'ACHED 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
$327.97
$0.00
$0.00
$327.971
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO.
DIVISION 8
FISCAL YEAR 1993 - 1994
Assessment Parcel No.
as shown on Map
Exhibit "B":
018-091-19-00-9
018-091-22-00-7
018-091-23-00-0
018-091-24-00-3
018-091-25-00-6
018-091-26-00-9
018-091-29-00-8
018-091-30-00-0
018-091-31-00-3
018-091-32-00-6
018-091-33-00-9
018-091-34-01-1
018-091-40-00-9
018-091-41-00-2
018-091-46-00-7
018-091-47-00-0
018-091-48-00-3
018-091-49-00-6
018-092-01-00-3
018-092-02-00-6
018-092-03-00-9
018-092-04-00-2
018-092-05-00-5
018-092-06-00-8
018-092-07-00-1
018-092-08-00-4
018-092-09-00-7
018-092-10-00-9
018-092-11-00-2
018-092-12-00-5
018-092-13-00-8
018-092-14-00-1
018-092-15-00-4
018-092-16-00-7
018-092-17-00-0
018-092-18-00-3
4
Total
Assessment
00.00
15.47
15.47
15 47
15 47
8 31
8 31
8 31
8 31
9 94
8 31
8 31.
8 31
8 31
8 33.
8 31
12 71
8 31
8 31
8 31.
8 3].
9 94
8 31
8 31
8 31
8 31
8 31
8 3]
8 3]
8 3].
8 31
8 31
8 31
8 31.
8 31
9 13
OR:GI~';AL