HomeMy WebLinkAboutRES NO 117-92RESOLUTION NO. 117-92
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 ASSESSMENT TO BE LEVIED ~GAINST
EACH PARCEL AND THE RESERVATION OF RIGHT TO
PERFORM WORK BY CITY FORCES (RESOLUTION OF
INTENTION NO. 1095, MAINTENANCE DISTRICT NO. 1
DIVISION 6). (STOCKDALE-JENKINS).
WHEREAS, the Council of the City of Bakersfield, State
of California, heretofore adopted on July 1, 1992, its Resolution
of Intention No. 1095, declaring its intention to establish
Maintenance District No. 1, Division 6, 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. 1095 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. 1, Division 6, 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. 1095;
(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
WHEREAS, 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 IT 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
OR;G~IN.
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 1, DIVISION 6.
Fiscal Year 1992-1993
WHEREAS, on WEDNESDAY, JULY 1, 1992, the Council of the
City of Bakersfield adopted its Resolution of Intention No. 1095
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 Director filed with the City
the Council his report, in writing, which Report is as
Public Works Director's RePort
City of Bakersfield, Maintenance District No. 1, Division
6, is generally described as a district 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 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. 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 district for the cost of maintalning
public street medians, well site walls and landscaping and other
public street landscaping improvements. The improvements generally
include, but are not limited to, plant forms, drainage facilities,
irrigation system pipes, conduits, water mains and/or sprinkler
systems, well site landscaping and walls and ornamental planting,
including shrubs, ground covers and trees now existing or hereafter
to be constructed or planted in and for said maintenance district
and are of a public nature. The assessment includes the cost of
necessary repairs, replacement, water, electricity, 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 medians and other public
street landscaping improvements in the City were maintained through
traditional tax revenues. After Proposition 13, in 1978, funds
available for maintenance and 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 street
median or other street 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. 1, Division 6, has
been specifically designated to address maintenance of public
street median and other public landscaping improvements, thus all
parcels within the district are affected.
Maintenance District No. 1, Division 6, is designated for
single family homes. 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 street median landscaping are aesthetic
enhancement and open space enjoyment. These benefits will accrue
to all the parcels or lot owners within the proposed Maintenance
District No. 1, Division 6.
The benefits of public street median and other 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.
- 4
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 1992-93 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. 1, Division 6, subject to be
assessed to pay the cost of maintenance and operation in said
district.
Dated:
E.W. SCHULZ
Director of Public Works
City of Bakersfield
OFI;(~k~AL
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 JOL O 11§92 , by the
following vote: ,~¥E$;COUNCILMEM~ERS: EI),.~RO$,DeMOND, SMITH. BRUNNi PETER80#,McDERMO~r SALyAG~O
NOES; COUNCILMEI',~BERS: I."~'"v~ ' '
A~JENT COUNC LMEMSERS: I~oc'~
ABSTAIN: COUN~iLMEM$ER$~ ~O~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
JUL 0 1 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI~/~?
CITY ATTORNEY of the City of
DS/ds
prelim.res
2/25/92
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Bakersfield
OR;G~NAL
MAINTENANCE DISTRICT NO.1
Division 6
Legal Description
A parcel of land situated in the County of Kern, State of
California, being a portion of Section 35, Township 29 South, Range
26 East M.D.B. & M., more particularly described as follows:
Beginning at the Southwest corner of Section 35, Township 29 South,
Range 26 East, said point also being the intersection of Renfro
Road and Stockdale Highway;
THENCE (1) North 00'39'37" West along the centerline of Renfro Road
a distance of 1080.95 feet;
THENCE {2) North 89~20'23" East along a line perpendicular to
Renfro Road a distance of 55.00 feet to the east right or way lane
of Renfro Road;
THENCE (3) North 03'53'20" East along the easterly right of way
line of the Kern River Freeway a distance of 567.36 feet;
THENCE (4) North 79°30'39" East along the south right of way line
of the Kern River Freeway a distance of 816.99 feet;
THENCE (5) North 88°40'00" East along the last named right of way
line a distance of 1504.21 feet to the beginning of a tangent curve
with a radius of 3705.00 feet concave to the northwest;
THENCE (6) Northeasterly along said curve through a central angle
of 03'26'36", an arc length of 222.66 feet to a point on the
centerline of Jenkins Road;
THENCE (7) South 00'06'29" East along the last named centerline a
distance of 473.91 feet to intersect the centerline of San Simeon
Avenue;
THENCE (8) North 89'36'32" East along the centerline of San Simeon
Avenue a distance of 660.57 feet to intersect the east boundary
line of Tract 5084 Unit 1;
THENCE (9) South 00°26'20" East along the last named tract boundary
a distance of 1351.60 feet to intersect the centerline of Stockdale
Highway;
THENCE (10) North 89'35'54" East along the centerline of Stockdale
Highway a distance of 3285.91 feet to the true point of beginning.
OR;GINAL
EXHIBIT A
,~IAP AND ASSESSMENT I' .~GRAM
FOR
MAINTENANCE DISTRICT NO. 1
DIVISION 6
BAKERSFIELD, CALIFORNIA ~ "-"~
FOR FISCAL YEAR 1992 - 1995
OR;GI,qAL ,~ .,,.,, ....
MAINTENANCE DISTRICT NO. 1, DIVISION 6
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 ~
b
(2) shall equal the dollar amount budgeted for themalntenance 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 e~ual
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
NOTE: This District maintains landscaDinq and walls arounq various
well sites within the District.
page 1 of 2
EXHIBIT "C"
OR;G~4AL
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
Undeveloped R-1 zoned 4/acre
5 acres or more.
Undeveloped R-1 zoned, 3/acre
or with 1 single family
residence, less than 5
Multi-Family (Attached)
Dwelling Unit R 2, R-3
Undeveloped R-2, R-3
Non Residential
(including Churches)
Mixed Use
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.
mdl.6
6/16/92
page 2 of 2
EXHIBIT "C"
OFt;G~AL
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 1
DIVISION 6
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1992 - 1993
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
$12,030.26
$0.00
$0.00
$12,030.261
EXHIBIT "D"
0R;G:NAL
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO.1
DIVISION 6
FISCAL YEAR 1992 1993
Assessment Parcel NO.
as shown on MaD
Exhibit "B":
409-010-14-00-3
409-170-01-00-2
409-170-02-00-5
409-170-03-00-8
409-170-04-00-1
409-170-05-00-4
409-170-06-00-7
409-170-07-00-0
409-170-08-00-3
409-170-09-00 6
409-170-10-00 8
409-170-11 00-1
409-170-12-00-4
409-170-13-00-7
409-170-14-00-0
409 170-15-00-3
409-170-16-00-6
409-170-17-00-9
409-170-18-00-2
409-170-19-00-5
409-170-20-00-7
409-170-21-00-0
409-170-22-00-3
409-170-23-00-6
409-170-24-00-9
409-170-25-00-2
409-170-26-00-5
409-170-27-00-8
409-181-01-00-2
409-181 02-00-5
409-181-03-00-8
409-181-04-00-1
409-181-05-00 4
409-181-06-00-7
409-182 01-00-9
Total
Assessment
8044 10
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
OR;G:~AL
Assessment Parcel
as shown on Map
Exhibit
409-182-02-00-2
409-182-03-00-5
409-182-04-00-8
409-183-01-00-6
409-183-02-00-9
409-183-03-00-2
409-183-04-00-5
409-183-05-00-8
409-183-06-00-1
409-183-07-00-4
409-183-08-00-7
409-183-09-00-0
409-183-10-00-2
409-183-11-00-5
409-183-12-00-8
409-183-13-00-1
409-183-14-00-4
409-184-01-00-3
409-184-02-00-6
409-184-03-00-9
409-184-04-00-2
409-184-05-00-5
409-184-06-00-8
409-184-07-00-1
409-184-08-00-4
409-184-09-00-7
409 184-10-00-9
409-184-11-00-2
409-184-12 00-5
409-184-13-00-8
409-184-14-00-1
409-184 15-00-4
409-184-16-00-7
409-191-01-00-5
409-191-02-00-8
409-191-03-00-1
409-191-04-00-4
409-191-05-00-7
409-191-06-00-0
409-191-07-00-3
409-191-08 00-6
409-191-09-00-9
409-192-01-00-2
409-192-02-00-5
409-192-03-00-8
409-192-04-00-1
NO.
Total
Assessment
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 08
39 o8
39 08
39 08
39 08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39,08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
39.08
OR;G:NAL
Assessment Parcel
as shown on Map
Exhibit "B":
409-192-05-00-4
409-192-07-00-0
409-192-08-00-3
409-192-09-00-6
409-192-10-00-8
409-192-11-00-1
409-192-12-00-4
409-192-13-00-7
409-192-14-00-0
409-192-15-00-3
409-193-01-00-9
409-193-02-00-2
409-193-03-00 5
409-193-04-00-8
409-193-05-00-1
409-193-06-00-4
409-193-07-00-7
409-193-08-00-0
409-193-09-00-3
409-193-10-00-5
409-193-11-00-8
409-193-12-00-1
No.
Total
Assessment
$ 39 08
$ 39 08
$ 39 08
$ 39 08
$ 39 08
$ 39 08
$ 39 08
$ 39 08
$ 39 08
$ 39 08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
$ 39.08
Total $ 12,030.26
DATE:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
3