HomeMy WebLinkAboutRES NO 76-89RESOLUTION NO. 76--89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT; APPOINTING TIME AND PLACE FOR HEARING
PROTESTS TO THE PROPOSED DISTRICT; THE
BOUNDARIES THEREOF; THE FAIRNESS OF THE
BENEFIT FORMULA; THE AMOUNT OF ASSESSMENT TO
BE LEVIED AGAINST EACH PARCEL AND THE
RESERVATION OF RIGHT TO PERFORM WORK BY CITY
FORCES (RESOLUTION OF INTENTION NO. 1061,
MAINTENANCE DISTRICT NO. 23, OLD RIVER).
WHEREAS, the Council of the City of Bakersfield, State of
California, heretofore adopted on May 31, 1989, its Resolution of
Intention No. 1061, declaring its intention to establish Main-
tenance District No. 23 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. 1061 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, con-
taining said matters, including the following:
(a)
a Budget, Exhibit "D", containing the matters
specified in Section 13.04.130 of the Bakersfield
Municipal Code;
(b) the Benefit Formula previously set forth as
Exhibit "B" to Resolution of Intention No. 1061;
(c) a description of each parcel of property in the
proposed maintenance district;
(d) the amount of assessment to be levied against each
parcel; and
(e)
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. 23,
Exhibit "C", 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 therefor have been filed with and approved by
the City Engineer;
and
WHEREAS, :said Public Works Director's Report has been
duly presented by :said City Clerk to the City Council for consid-
eration and has been fully considered by the Council.
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 assess-
ment against each parcel in said district, is hereby preliminarily
adopted, confirmed and approved.
2. WEDNESDAY, JUNE 14, 1989, at 7:00 P.M., or as soon
thereafter as may be heard, at the Council Chambers of the City
Council, 1501 Truxtun Avenue, Bakersfield, California, is hereby
fixed as the time and place for hearing protests on the following
matters:
ESTABLISHMENT OF THE DISTRICT;
BOUNDARIES OF THE DISTRICT;
FAIRNESS OF THE BENEFIT FORMULA;
THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL
OF PROPERTY TO BE ASSESSED;
RESERVATION BY CITY OF RIGHT TO ELECT WHETHER
TO PROCEED TO PERFORM WORK BY CITY FORCES.
Any interested person may object to any of the
above-listed matters by filing a written protest with the City
Clerk at 1501 Truxtun Avenue, Bakersfield, California, at or
before said time set for hearing; and said City Clerk shall
endorse on each protest the date and hour of its receipt, and at
said time appointment for said hearing shall present to the
Council all such protests filed with said Clerk.
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3. The City Clerk is hereby further directed to cause
notice of said hearing to be published, posted and mailed in the
manner prescribed by Sections 13.04.150 through 13.04.170 of the
Bakersfield Municipal Code, said notice to be completed not less
than ten (10) days prior to such hearing. The form of notice
shall be substantially as follows:
CITY OF BAKERSFIELD
NOTICE OF HEARING ON
PROPOSED MAINTENANCE DISTRICT NO. 23
NOTICE IS HEREBY GIVEN that the Public Works Director of
the City of Bakersfield has caused to be prepared and filed with
the City Clerk a Report, in writing, which provides the basis for
the benefit assessment for maintaining street and parkway
landscaping, walls and signs to be borne by all parcels or prop-
erty within proposed Maintenance District No. 23, generally
bounded by Stockdale Highway on the north, Buena Vista Road on the
west, White Lane on the south and Old River Road on the east.
Said Public Works Director's Report sets forth the
amounts to be provided in the budget for maintenance and
operation, description of the improvements to be maintained by the
district, a description of each parcel of property in the proposed
maintenance district by a description sufficient to identify the
same, and the amount of assessment to be levied for the Fiscal
Year 1988-1989 against each parcel of property. Said Report shall
be open to public inspection at the Office of the Director of
Public Works, 1501 Truxtun Avenue, Bakersfield, California.
Any interested owner objecting to establishment of the
district or the boundaries of the district or the fairness of the
benefit formula or the amount of the assessment on any of his or
her parcel or parcels of property to be assessed, or the reserva-
tion by the City of' its right to elect to perform the work of
maintenance by City forces, may file with the City Clerk at or
before the hour fixed for hearing a protest, in writing, signed by
him/her, describing the parcel of property so that it may be iden-
tified, and stating the grounds of his/her protest, and may appear
at said hearing and be heard in regard thereto.
Said Public Works Director's Report will be heard by the
Council at its meeting to be held on WEDNESDAY, JUNE 14, 1989, at
the hour 7:00 P.M., or as soon thereafter as may be heard, in the
regular meeting place of said Council, City Hall, Council
Chambers, 1501 Truxtun Avenue, Bakersfield, California, at which
time and place said Council will examine said Report and hear
protests, if any.
The following are descriptions of the parcels of property
subject to assessment and the amount of the proposed assessment
against said parcel of property as set forth in the report.
Assessment Parcel No.
as Shown on Map Total
Exhibit #C": Assessment
390-010-09-00-4
390-010-25-00-0
0.00
0.00
DATED:
CITY K and Ex Officio Clerk of the
Council of the City of Bakersfield
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 23
(OLD RIVER)
Fiscal Year 1988-1989
WHEREAS, on WEDNESDAY, MAY 31, 1989, the Council of the
City of Bakersfield adopted its Resolution of Intention No. 1061
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
WHEREAS, the Public Works Director filed with the City
Clerk of the Council his report, in writing, which Report is as
follows:
Public Works Director's Report
City of Bakersfield, Maintenance District No. 23, is
generally described in Exhibit "A", attached hereto and incorpo-
rated herein by reference as though fully set forth, as a district
within the City of Bakersfield generally bounded by Stockdale
Highway on the north, Buena Vista Road on the west, White Lane
on the south, and Old River Road on the east.
Pursuant to the provisions of Chapter 13.04 of Title 13
of the Municipal Code of the City of Bakersfield, referred to as
the Bakersfield Maintenance District Procedure, the Director of
Public Works makes and files this Report and proposed assessment
of and upon all parcels of property within the district to be
assessed for the cost of maintaining and operating local public
improvements, which are now contemplated or are in various plan-
ning stages and some of which may be constructed or installed
within and would then be maintained and operated by the district.
All such improvements will be constructed only after plans there-
for have been filed with and approved by the City Engineer. The
improvements generally lnclude parks, signs and sign posts, walls
and fences, and street, parkway, and park landscaping which
include, but are not limited to, plant forms, drainage facilities,
irrigation system pipes, conduits, water mains and/or sprinkler
systems and ornamental planting, including turf, lawns, shrubs,
hedges, ground covers and trees now existing or hereafter to be
constructed, laid or planted in and for said maintenance district
and of special benefit to the territory within the district and of
- 5 -
a public nature, including the cost of necessary repairs, replace-
ments, water, fuel, power, gas, electric current, care, supervision
and any and all other items necessary for the proper maintenance
and operation thereof, and all additions, improvements and enlarge-
ments thereto which may hereafter be made. There may be other
improvements of the general nature designated above to be main-
tained and operated by the district.
In most of the City, street landscaping is maintained
through the Community Services Department budget expenditures.
After Proposition 13, funds available for street landscaping, and
other maintenance were substantially reduced. At present, the
department's budget will not accommodate maintenance of new
improvements of the type described above and proposed for newly
development area within the City. Thus, absent funds for mainte-
nance costs from a source other than general tax revenues, the
City will not accept or permit median strip or other landscaping
or signs or walls to be placed in the City-owned lands in the area
included within this proposed maintenance district. The funds
generated as the result of the establishment of the proposed dis-
trict will be utilized strictly for the purposes of and applied to
the maintenance and upkeep of improvements within the district.
Such funds will not supplant any City general fund expenditure,
either present or future.
The establishment of the proposed district has been
specifically requested by the owner/subdivider of all property
located within the district, in order that funding for the mainte-
nance and upkeep of amenities specially designed to enhance the
living environment of future commercial and residential owners
and/or users therein be established as an integral part of the
development process. The proposed district is designated for res-
idential and commercial development. Because of the natural
boundaries of the area occasioned in part by the character and
timing of surrounding development, the area within the proposed
district will receive the greatest benefit from the contemplated
improvements and maintenance thereof. Sensory benefits from
installing street landscaping, signs, walls and fences, including
heat regulation, some noise attenuation and/or esthetic enhance-
ment and increased market value will accrue to the lots or parcels
and owners and users thereof within proposed Maintenance District
No. 23. Increased market value will accrue to the owners. The
benefits will inure to the lots or parcels uniformly, and will be
assessed at a uniform acreage rate.
Said assessment is made in accordance with the Benefit
Formula set forth herein as Exhibit "B" and attached hereto and
incorporated in this resolution as though fully set forth herein.
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 1988-89 Budget and Assessment Roll as set forth in
Exhibit "D", attached hereto and incorporated herein as though
fully set forth, upon all parcels of property within Maintenance
District No. 23, subject to be assessed to pay the cost of mainte-
nance and operation in said district.
Dated: MAY 3 1 1989
CITY OF BAKERSFIELD
- 7 -
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 M~y 31, 1989 , by
the following vote:
AYES: COUNCILMEMBER~: ANTHONY, OeMOND, SMITH, RATTy, PETERSON, MCDERHIOTT, SAI. VAGGiO
~ ABSENT: COUNCILMEMBERS
A~$TAIN: COUNCILMEMBERS:
CITY C an '~ 0 icio Clerk of the
Council of the City of Bakersfield
APPROVED May 31, 1989
MEDD~R~S
MAYOR of the City of Bakersfield
APPROVED as
ARTHUR ~
CITY ATe(
AJS/DH/me~
Attachmen~
to form:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
M MAIN 4
MD23.RPT1
5/19/89
EXHIBIT "A"
MAINTENANCE DISTRICT NO. 23
(OLD RIVER)
BOUNDARIES OF DISTRICT
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of
Kern, State of California, being a portion of Section 6, Section
7, and the Southwest quarter of Section 8, Township 30 South,
Range 27 East M.D.B. & M., more particularly described as follows:
Beginning at the Southwest corner of Section 7, the
South line of the Southwest quarter of Section 7 being
the centerline of White Lane, the West line of Section 7
being the centerline of Buena Vista Road;
THENCE (1) North 00049'49" East along the West line of
the Southwest quarter of Section 7, a distance of
2655.57 feet, more or less, to the West quarter corner
of Section 7, as shown in record of survey recorded in
Book 15 of Record of Surveys at Page 66, January 19,
1989 in the office of the Kern County Recorder;
THENCE (2) North 00o49'47" East along the West line of
the Northeast quarter of Section 7, a distance of
2655.23 feet, more or less, to the North line of the
Northwest quarter of Section 7, said North line also
being the centerline of Ming Avenue;
THENCE (3) North 00o49'46" East along the West line of
the Southwest .~uarter of Section 6, a distance of
2389.05 feet, more or less, to a point which lies 266.93
feet Southerly, as measured along last named West line,
from the Northwest corner of the Southwest quarter of
said Section 6, said point also being the beginning of a
tangent curve, concave to the East having a radius of
2000.00 feet;
THENCE (4) Northerly along said curve, through a central
angle of 15°12'13", an arc distance of 530.71 feet, said
curve also being the centerline of the Buena Vista
Realignment;
Page 1 of 3
Maintenance District No.
LEGAL DESCRIPTION
EXHIBIT "A# - Continued
23
THENCE (5) North 16001'59" East along said centerline a
distance of 401.02 feet, more or less, to a point on the
centerline of Stockdale Highway Realignment, said point
also being the beginning of a curve, concave Northerly
with a radius of 2000.00 feet;
THENCE (6) Easterly along said curve, through a central
angle of 59017'52", an arc distance of 2069.88 feet,
said curve also being the centerline of the said
Stockdale Highway Realignment;
THENCE (7) North 46044'07" East along said centerline a
distance of 928.07 feet, more or less, to the beginning
of a tangent curve, concave to the Southeast with a
radius of 1105.00 feet;
THENCE (8) Easterly along said curve, through a central
angle of 28052'46", an arc distance of 556.97 feet, said
curve also being the centerline of the said Stockdale
Highway Realignment;
THENCE (9) North 75036'53" East along the said center-
line a distance of 676.17 feet, more or less, to the
centerline of Old River Road;
THENCE (10) South 14°23'15" West along the centerline of
Old River Road, a distance of 274.45 feet, more or less,
to the beginning of a tangent curve, concave to the West
with a radius of 1800.00 feet;
THENCE (11) Southerly along said curve, through a cen-
tral angle of 14045'04", an arc distance of 463.42 feet,
said curve also being the centerline of said Old River
Road;
THENCE (12) South 00021'49" West along the said cen-
terline a distance of 2499.54 feet, more or less, to the
centerline of Camino Media;
THENCE (13) continuing South 00021'49" West along the
said centerline a distance of 1685.00 feet, more or
less, to the centerline of Ming Avenue;
THENCE (14) continuing South 00021'49" West along the
said centerline a distance of 500.00 feet, more or less,
to the beginning of a tangent curve, concave to the East
with a radius of 2000.00 feet;
Page 2 of 3
Maintenance District No.
LEGAL DESCRIPTION
EXHIBIT "A# - Continued
23
THENCE (15) Southerly along said curve, through a cen-
tral angle of 19°57'41", an arc distance of 696.78 feet,
said curve also being the centerline of said Old River
Road;
THENCE (16) South 19035'52" East along the said cen-
terline a distance of 695.00 feet, more or less, to the
centerline of White Oak Drive;
THENCE (17) continuing South 19035'52" East along the
said centerline a distance of 1970.00 feet, more or
less, to the centerline of Ridge Oak Drive;
THENCE (18) continuing South 19035'52" East along the
said centerline a distance of 928.01 feet, more or less,
to the beginning of a tangent curve, concave to the West
with a radius of 2000.00 feet;
THENCE (19) Southerly along said curve, through a cen-
tral angle of 19057'26", an arc distance of 696.64 feet,
said curve also being the centerline of said Old River
Road;
THENCE (20) South 00021'24" West along the said cen-
terline a distance of 74.10 feet, more or less, to the
South line of Southwest quarter of Section 8, said South
line also being the centerline of White Lane;
THENCE (21) North 89°16'14" West along the said South
line a distance of 155.26 feet, more or less, to the
Southwest corner of Section 8;
THENCE (22) North 89015'23" West along the South line of
the Southeast quarter of Section 7, a distance of
2638.02 feet, more or less, to the West line of the said
Southeast quarter of Section 7, said South line also
being the centerline of White Lane;
THENCE (23) North 89015'04" West along the South line of
the Southwest quarter of Section 7, a distance of
2769.86 feet, more or less, to the Point of Beginning.
Containing 959.22 acres of land, more or less.
DH/meg
M MAIN 4
MD23.EXA.1
5/23/89
Page 3 of 3
EXHIBIT "B"
CITY OF BAKERSFIELD
MAINTENANCE DISTRICT NO.
(OLD RIVER)
23
BENEFIT FORMULA
The various lots and parcels within the district shall be assessed
at the following rates:
For each assessable lot or parcel, the assessment shall be:
1. Non-Residential Zone or Use
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the
district for maintenance and operation of the assessment
district for the year in which the assessment is levied
equal to the dollar amount allocated to maintenance and
operation for that year of any and all improvements in
the district except parks and except any improvements in
or on any parks or incident thereto (MT)'
multiplied by:
the number of assessable acres, or portion thereof, in
the lot or parcel; (AL)'
and divided by:
the number of assessable acres in the district (AT)
Assessment = MT x AL
AT
e
R-1 Residential Zone or Use
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the
district for maintenance and operation of the assessment
Page 1 of 3
Maintenance District No.
Benefit Formula
EXHIBIT "B" - Continued
23
district for the year in which the assessment is levied
equal to the dollar amount allocated to maintenance and
operation for that year of any and all improvements in
the district including parks and any improvements in
or on any parks or incident thereto, less the total
amount from (1) above, (MR + p),
multiplied by the numeral 1.4,
divided by the sum of:
the number of detached dwelling units constructed or
permitted to be constructed in the district* (D1)'
multiplied by the numeral 1.4,
and
the number of attached dwelling units constructed or
permitted to be constructed in the district ** (D2)'
Assessment =
(MR + P x 1.4)
1.4 D1 + D2
R-2 Residential Zone or Use
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the
district for maintenance and operation of the assessment
district for the year in which the assessment is levied
equal to the dollar amount allocated to maintenance and
operation for that year of any and all improvements in
the district including parks and any improvements in or
on any parks or incident thereto, less the total amount
amount from (1) above, (MR + p),
multiplied by:
the number of dwelling units constructed or permitted to
be constructed on the lot or parcel; (DL)'
Page 2 of 3
Maintenance District No.
Benefit Formula
EXHIBIT "B" - Continued
23
divided by the sum of:
the number of detached dwelling units constructed or per-
mitted to be constructed in the district*,
multiplied by the numeral 1.4,
and
(D1),
the number of attached dwelling units constructed or per-
mitted to be constructed in the district**, (D2)'
Assessment
= (MR + P) DL
1.4 D1 + D2
Detached dwelling units (those dwelling units not joined
to any others by any common walls) are deemed permissible
in areas zoned R-1. The number of detached dwelling
units permitted to be constructed on a lot or parcel
shall be deemed to be the numeral 5 multiplied by the
number of assessable acres, or portion thereof, in the
parcel or lot, rounded off to the nearest whole number.
Attached dwelling units (those joined to another by one
or more common walls) are deemed permissible in area
zoned R-2. The number of attached dwelling units permit-
ted to be constructed on a lot or parcel shall be deemed
to be the numeral 12 multiplied by the number of assess-
able acres, or portion thereof, in the parcel or lot,
rounded off to the nearest whole number.
DH/meg
M MAIN 4
MD23.EXB.1
5/18/89
Page 3 of 3
FOP,
MAI~TENANCE DISTRICT NO.~B
~AKERSFIE~D, CALIFO~X
EXHIBIT C
EXHIBIT "D"
MAINTENANCE DISTRICT NO.
FISCAL YEAR 1988-1989
BUDGET
Source of Funds
Beginning Fund Balance
Gross Amount Required
Amount of Contribution by City
Amount of Advances by City
Net Balance, to be Assessed
Total
Use of Funds
City Staff Services
Supplies, Materials, Utilities
Estimated Maintenance Cost
Total
23
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
ASSESSMENT ROLL
FISCAL YEAR 1988-1989
Assessment Parcel No.
as Shown on Map
Exhibit "C#:
390-010-09-00-4
390-010-25-00-0
Total
Assessment
0.00
0.00
DH/meg
M MAIN 4
MD23.EXD.1
5/19/89