HomeMy WebLinkAboutRES NO 75-89RESOLUTION NO. 75-89
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. 1060,
MAINTENANCE DISTRICT NO. 22, FRUITVALE).
WHEREAS, the Council of the City of Bakersfield, State of
California, heretofore adopted on May 31, 1989, its Resolution of
Intention No. 1060, declaring its intention to establish Main-
tenance District No. 22 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. 1060 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
filed with the Clerk of said Council his Report,
taining said matters, including the following:
on this date
in writing, con-
(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. 1060;
(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. 22,
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
consideration 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.
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. 22
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. 22, generally
bounded by Olive D~ive on the north, Fruitvale Avenue on the west,
Hageman Road on thE? south and Oak Haven 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 Publinc 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
Exhibit "C":
Total
Assessment
365-010-41-00-2
365-010-42-00-5
365-010-43-00-8
365-010-44-00-1
0.00
0.00
0.00
0.00
DATED:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
- 4 -
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO.
(FRUITVALE)
Fiscal Year 1988-1989
22
WHEREAS, .on WEDNESDAY, MAY 31, 1989, the Council of the
City of Bakersfield adopted its Resolution of Intention No. 1060
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
Director of Public Works, directing him to make and file a Report;
and
WHEREAS, the Director of Public Works 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. 22, 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 Olive Drive on
the north, Fruitvale Avenue on the west, Hageman Road on the south
and Oak Haven 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 include signs and sign posts, walls
and fences, and street and median 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 a public
nature, including the cost of necessary repairs, replacements,
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
residential 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. 22. 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.
- 6 -
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. 22, subject to be assessed to pay the cost of mainte-
nance and operation in said district.
Dated: MAY 3 1 1989
E. W. SCHULZ
DIRECTOR OF PUBLIC
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 May 31. 1989 , by
the following vote:
ABSENT: OOUNCILMEMBER8 '~t~n ~.
ABSTAIN: COUNCILMEMBERS: fin fhc~ny
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E.
MAYOR of
May 31~ 1989
?
the City of Bakersfield
APPROVED as to form:
AJS/DH/meg~ ~/
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
M MAIN 4
MD22.RPT1
5/19/89
EXHIBIT "A"
MAINTENANCE DISTRICT NO. 22
(FRUITVALE)
BOUNDARIES OF DISTRICT
LEGAL DESCRIPTION
A parcel of land situated in the County of Kern, State of
California, being a portion of Sections 15 and 16, Township 29
South, Range 27 East, M.D.B.&M., more particularly described as
follows:
Beginning on the North line of Parcel Map No. 4400,
as filed in Parcel Map Book 21 at Page 35, in the
Office of the Kern County Recorder, at a point on
the West right of way line of Fruitvale Avenue. The
said point being 55 feet West of the East quarter
corner of Section 16, said point being on the
Corporate Boundary of the City of Bakersfield;
THENCE (1) N 0°00'21" E, along the West right of way
of Fruitvale Avenue which is the West line of the
East 55 feet of said Section 16, a distance of
1992.45 feet to the North boundary of Tract No.
3662, as filed in Map Book 25 at Page 112 in the
Office of the Kern County Recorder;
THENCE (2) Easterly along said North line, a dis-
tance of 25 feet to the West line of the East 30
feet of said Section 16;
THENCE (3) Northerly along the West right of way of
Fruitvale Avenue and said West line of the East 30
feet of Section 16, a distance of 604.32 to the
South line of the North 55 feet of said Section 16;
THENCE (4) Easterly along said South line, a dis-
tance of 30.00 feet to the East line of said Section
16 and also the West line of Section 15, T. 29 S.,
R. 27 E., M.D.B.&M.;
THENCE (5) S 89046'54" E, along the South line of
the North 55 feet of said Section 15 and said South
right of way of Olive Drive, a distance of 635 feet
to the West boundary of Tract No. 3217, as filed in
Map Book 17 at Page 66 in the Office of the Kern
County Recorder;
Page 1 of 2
Maintenance District No. 22
Legal Description
EXHIBIT "A" - Continued
THENCE (6) S 0029'54" W, along said West line, a
distance of 515.998' feet to the Southwest corner of
said Tract No. 3217;
THENCE (7) S 89046'54" E, a distance of 517.998
feet;
THENCE (8) S 00029'54" E, a distance of 89.00 feet;
THENCE (9) S 89046'54" E, a distance of 112.00 feet
to the East line of Lot 7 of the "Sales Map of Lands
of Kern County Land Company" as filed in the Office
of the Kern County Recorder on April 8, 1892;
THENCE (10) S 0°29'14" W, along East lines of Lots 7
and 10 of said "Sales Map," a distance of 2002.47
feet to the North line of Lot 22;
THENCE (11) Easterly along said North line, a dis-
tance of 660.00 feet to the East line of said Lot
22;
THENCE (12) Southerly along said East line, a dis-
tance of 1320.00 feet to the South line of Lot 22;
THENCE
22, 23,
1988.26
(13) Westerly along the South line of Lots
and 24 of said "Sales Map," a distance of
feet to the West line of said Section 15;
THENCE (14) continuing Westerly, along a prolonga-
tion of course 13, a distance of 30.00 feet, to a
point on the West right of way of Fruitvale Avenue.
The said point being the West line of the East 30.00
feet of Section 16, T. 29 S., R. 27 E., M.D.B.&M.,
and on the Corporate Boundary of the City of
Bakersfield;
THENCE (15) North and West along the various courses
of the said Corporation Boundary to the True Point
of Beginning.
Containing 134.47 + acres of land.
DH/meg
M MAIN 4
MD22.EXA.l
5/23/89
Page 2 of 2
EXHIBIT "B"
CITY OF BAKERSFIELD
MAINTENANCE DISTRICT NO.
(FRUITVALE)
22
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
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
22
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
22
divided by the
the number
mitted to be constructed in the district*,
multiplied by the numeral 1.4,
and
sum of:
of detached dwelling units constructed or
(D1),
the number of attached dwelling units constructed or
mitted to be constructed in the district**, (D2)'
Assessment
= (MR + P) DL
1.4 D1 + D2
per-
per-
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
MD22.EXB.1
5/18/89
Page 3 of 3
'~' AND ASSESSMENT DIAC ~Ivl
FOR
MAINTENANCE DISTRICT IqO. 2'Z
FOR FISCAL YEAR 1!t87-1!18~
PA R~_ ~-L 2
- i
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
22
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":
365-010-41-00-2
365-010-42-00-5
365-010-43-00-8
365-010-44-00-1
Total
Assessment
0.00
0.00
0.00
0.00
DH/meg
M MAIN 4
MD22.EXD.1
5/10/89